CC RESOLUTION 4691RESOLUTION NO. 4691
A RESOLUTION ESTABLISHING FEES FOR
OBTAINING A TOBACCO RETAILER LICENSE IN
ACCORDANCE WITH EL SEGUNDO MUNICIPAL
CODE CHAPTER 5 -613.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. The City Council may establish fees for services under various
provisions of California Law including, without limitation, Business &
Professions Code § 16000; Government Code §§ 36936.1, 43000,
54344, 65104, 65456, 65874, 65909.5, 65943, 66013, 66014,
66451.2; and Health & Safety Code §§ 510, 17951, 17980.1,
19852.
B. Pursuant to Government Code § 6253, the fees established herein
represent the estimated costs of administrating the City's tobacco
retailer license including, without limitation, noticing costs; collection
costs; and costs for levying assessments, based on the average
hourly salary of the staff enforcing the El Segundo Municipal Code
as more completely set forth in attached Exhibit "A," which is
incorporated by reference ( "Calculations ").
C. Pursuant to Government Code § 66016, the City made data
available regarding the cost, or estimated cost, of providing
services for various fees ten (10) days before the public hearing
held on November 16, 2010.
D. On November 16, 2010 the City Council heard public testimony and
considered evidence in a public hearing held and noticed in
accordance with Government Code § 66016.
E. At the recommendation of the City Manager, the City Council
believes that it is in the public interest to establish the
recommended fees to recover the City's costs.
SECTION 2: The fee attached as Exhibit "A" and incorporated into this
Resolution as if fully set forth, are approved and adopted.
SECTION 3: Unless otherwise revised, the fee established by this Resolution will
be automatically adjusted on an annual basis at the beginning of each fiscal year
based on the average percentage change over the previous calendar year to the
City's costs for administering the services set forth in Exhibit "A." The first fee
adjustment cannot be made before a minimum of ten (10) months after the
effective date of this Resolution.
SECTION 4: This Resolution is exempt from review under the California
Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA ") and
CEQA regulations (Cal. Code Regs. Tit. 14, §§ 15000, et seq.) because it
establishes, modifies, structures, restructures, and approves rates and charges
for meeting operating expenses; purchasing supplies, equipment, and materials;
meeting financial requirements; and obtaining funds for capital projects needed
to maintain service within existing service areas. This Resolution, therefore, is
categorically exempt from further CEQA review under Cal. Code Regs. Tit. 14, §
15273.
SECTION 5: This Resolution will become effective immediately upon adoption
and will remain effective unless repealed or superseded.
SECTION 6: The City Clerk will certify to the passage and adoption of this
Resolution; will enter the same in the book of original Resolutions of said City;
and will make a minute of the passage and adoption thereof in the record of
proceedings of the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
PASSED AND ADOPTED this 16TH day of November, 2010
�l
Eric Busch, ayor
ATTEST:
Cindy ortese
City perk '
APPROVED A
Mark D. Hens i or(rev
LM7
KarliH. Berger, /
Assistant City'A orney
0)
EXHIBIT "A"
CALCULATIONS
CITY OF EL SEGUNDO
REVENUE AND COST SUMMARY STUDY
SERVICE:
REFERENCE:
TOBACCO RETAIL LICENSE FEE
ESMC 5 -66
PRIMARY DEPARTMENT:
UNIT OF SERVICE:
POLICE DEPARTMENT
RETAIL LICENSE
DESCRIPTION OF SERVICE:
To provide funding for the administration and enforcement of annual
Tobacco Retail Licenses; specifically license processing, compliance
checks and enforcement actions directed at businesses engaged in the
sale of tobacco products.
CURRENT FEE STRUCTURE:
$0.00 per license
SUGGESTED FEE FOR COST RECOVERY OF : 100%
$250.00 annual, per each retail license
NOTE:
TOTAL UNIT:
Unit costs are an average of total unit.
1
COST DETAIL:
DEPARTMENT POSITION QTY. UNIT TIME (a-UNIT COST
TOTAL COST
Police Admin. Analyst 1 5.0 $58.00
$290.00
Police Admin. Sergeant 1 20.0 $122.00
$2,440.00
Police Admin. Officer 2 20.0 $97.00
$3,880.00
Calculations: Annual cost divided by 26 retailers in the City.
Estimated Fee: $250.00 per license.