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Resolution No. 84511 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r RESOLUTION NO. 8451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING HEALTH PERMIT, HAZARDOUS MATERIALS ESTABLISHMENT PERMIT, AND APPLICATION FEES FOR PERMITS GRANTED BY THE CITY OF VERNON PURSUANT TO SECTIONS 11.9.4, 13.7, 13.31, 13.53, 25.12, AND 25.13-6 OF THE VERNON CITY CODE AND REPEALING RESOLUTION NO. 7779 WHEREAS, Sections 11.9.4, 13.7, 13.31, 25.12, and 25.13-6 of the Vernon City Code provide for the issuance of health permits for various types of businesses, vehicles, facilities and uses; and WHEREAS, Section 13.53 to the Vernon City Code provides for the issuance of permits for hazardous materials establishments; and WHEREAS, Sections 11.9.4, 13.8, 13.34, 13.55, and 25.12-4 of the Vernon City Code provide that the City Council of the City of Vernon shall establish health permit fees, hazardous materials establishment permit fees, and application fees therefor by resolution; land WHEREAS, on June 1, 1999, the City Council of the City of Vernon adopted Resolution No. 7337 establishing health permit fees, hazardous materials establishment permit fees, and application fees in accordance with the Vernon City Code; and WHEREAS, on June 6, 2000, the City Council of the City of Vernon adopted Ordinance No. 1080, which among other matters, revised the permit categories in Section 13.7 of the Vernon City Code and added a new Chapter 11, Food Protection Program, to said Code; and WHEREAS, on September 5, 2000, the City Council of the City of Vernon adopted Resolution No. 7597 which restated, reorganized and jadded certain fees in order to implement the changes arising from the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ladoption of Food Ordinance No. 1080 on June 6, 2000; and WHEREAS, the amount of the fees do not exceed the reasonable cost of providing the services necessary to the activity for which the fees are charged; and WHEREAS, the fees are not levied for unrelated revenue 1purposes; and WHEREAS, on May 4, 2004, the Finance Committee considered the recommendation of Bruce V. Malkenhorst, the Director of Finance, dated April 29, 2004, that health permit fees be increased effective June 1, 2004, in order to make the fees established by Resolution No. 7597 consistent with the fee structure used by other jurisdictions for similar services and to account for the effects of the Consumer Price Index changes; and WHEREAS, a notice of the public hearing was posted on May 12, 2004, and published on May 18, 2004 and May 25, 2004, in a newspaper of general circulation and in a manner consistent with the requirements of Government Code Section 6066; and WHEREAS, the City Council of the City of Vernon held a duly noticed public hearing in this matter on June 2, 2004, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the City Council has heard and considered all evidence, both written and oral, presented in consideration of the establishment of health permit, hazardous materials establishment permit, and application fees for permits; and WHEREAS, the City Council of the City of Vernon intends to establish new fees for such categories as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon further finds that all persons have had an opportunity to be heard or to file written comments to the proposed establishment of health permit, hazardous materials establishment permit, and application fees for permits, and after due consideration of any and all evidence submitted at the public hearing determines that there are compelling reasons to justify the establishment of the fees. SECTION 3: The City Council of the City of Vernon hereby establishes the following issuance fees and annual renewal fees for permits granted by the City of Vernon pursuant to Section 13.8 of the Vernon City Code: TYPE OF BUSINESS OR VEHICLE ANNUAL FEE (a) Caterer $204 (or $70 per day) (b) Commercial Agricultural Operation $132 (c) Commissary $485 (d) Food Processing Establishment (1) Less than 2,000 sq.ft. $314 (2) 2,000 sq.ft. or more $642 (e) Food Vending Machine Business $25 per machine (f) Food Warehouse $247 (g) Garment Manufacturing Establishment $207 (h) Laundry (including vehicles operating operating from the City of Vernon) $146 (i) Laundry Vehicle (independent and and from outside the City of Vernon) $74 per vehicle - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TYPE OF BUSINESS OR VEHICLE ANNUAL FEE (j) Liquid Waste Pumping Vehicle $146 plus $74 per vehicle (k) Mobile Food Facility (1) Whole Produce $86 per vehicle (2) Prepackaged Food $110 per vehicle (3) Non prepackaged Food $161 (or $48 per day) per vehicle (1) Mobile Food Preparation Unit $247 (or $82 per day) (m) Offal Vehicle $146 plus $74 per vehicle* (n) Rendering Plant $225 plus $74 per vehicle (o) Restaurant (1) 0-30 seats $247 (2) 31 seats and over $489 (p) Retail Food Market $161 (q) Retail Food Production Establishment $161 (r) Temporary Event Organizer $184 (s) Temporary Food Facility $72 (t) Waste Collection Business $146 plus $74 per waste collection vehicle (u) Waste Collection Vehicle Yard $146** (v) Waste Disposal Site $146 (w) Waste Processing Facility $139 (x) Waste Transfer Station $146 (y) Water Supply Utility $5.00 per service (z) Wholesale Food Vehicle $43 per vehicle - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 *The $146 fee does not apply to a company operating offal vehicle(s) in conjunction with, and as a part of, a Vernon permitted Rendering Plant or Food Processing Establishment. **Does not apply if the business that stores waste collection vehicles or containers at the yard also has a Vernon permit for a Waste Collection Business. SECTION 4: The City Council of the City of Vernon hereby establishes the following issuance fees and annual renewal fees for permits granted by the City of Vernon pursuant to Section 13.34 of the Vernon City Code: TYPE OF BUSINESS OR VEHICLE ANNUAL FEE (a) Underground Hazardous Substances Storage Facility $62 I(b) Annual Tank Operating Permit $69 per tank (not to exceed $345 per facility) SECTION 5: The City Council of the City of Vernon hereby establishes the following permit and application fees for hazardous materials establishments pursuant to Section 13.55 of the Code of the City of Vernon: DESCRIPTION FEE APPLICATION FEE (one time) PERMIT FEE (initial and renewal): Class A: Handling of less than 100 kilograms (220 lbs.) of hazardous materials per month; or less than 1 kilogram (2.2 lbs.) of extremely hazardous waste per month. Class B: Handling of 100 kilograms (220 lbs.) to 1,000 kilograms (2,200 lbs.) of hazardous materials per month; or 1 kilogram (2.2 lbs.) to 10 kilograms (22 lbs.) of extremely hazardous waste per month. $294 $294 - 5 - 1 DESCRIPTION FEE 2 Class C: $488 3 Handling of over 1,000 kilograms (2,220 lbs.) of 4 hazardous materials per month; or over 10 kilograms 5 (22 lbs.) of extremely hazardous waste per month. 6 CERTIFICATE OF CLOSURE $294 7 For the purpose of determining the above fees, 1 gallon (3.79 8 liters) of liquid shall be equivalent to 7 pounds (3.18 kilograms). 9 Establishments which have hazardous substances stored in underground 10 storage tanks, for which a valid operating permit has been issued by 11 the City of Vernon, shall be exempt from including the volume of the 12 underground storage capacity when determining the permit fee 13 classification for a hazardous materials establishment. 14 SECTION 6: The City Council of the City of Vernon hereby 15 establishes the following application fees, fee for filing an appeal, 16 and fee to amend a well permit granted by the City of Vernon pursuant 17 to Section 25.12-4 of the Vernon City Code: 18 TYPE OF BUSINESS OR VEHICLE ANNUAL FEE 19 (a) Drilling a water well or destroying 20 or converting an existing water well $203 21 (b) Drilling a monitoring well (ground water) $122 22 (c) Repairing/modifying a well $100 23 SECTION 7: Delinquent fees shall be subject to the penalties 24 set forth in Vernon City Code Sections 13.15, 13.34, 13.55(b), or 25 25.12-1, as applicable. 26 SECTION 8: In addition to the foregoing, the licensee or 27 permittee shall pay all other necessary fees or deposits which may be 28 required by other ordinances or resolutions of the City of Vernon or 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 applicable State law. SECTION 9: The fees provided for herein shall be effective June 1, 2004, and all provisions of Resolution No. 7597 and all other resolutions in conflict herewith are repealed. SECTION 10: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 2nd day of June, 2004. IATTEST: lv, BRUCE V. MALKENHORST, City Clerk LEONIS C. MAL URG, Mayor - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8451, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, June 2, 2004, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) -01 BRUCE V. MALKENHORST, City Clerk - 8 - SUPPORTING DOCUMENTS NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City of Vernon will conduct a Public Hearing which you may attend and be heard. PLACE: Vernon City Hall City Council Chambers 4305 S. Santa Fe Avenue Vernon, CA 90058 DATE & TIME: Wednesday, June 2, 2004, at 5:00 p.m. or as soon thereafter as the matter may be heard. PURPOSE: To consider the adoption of a resolution adjusting health permit fees pursuant to Sections 11.9.4, 13.8, 13.34, 13.55 and 24.12-4 of the Vernon City Code. Information may be obtained by contacting the Vernon Environmental Health Department at Vernon City Hall, 4305 S. Santa Fe Avenue, Vernon, CA 90058. Lewis Pozzebon Health Officer Date:- > /— `3 9 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Lewis Pozzebon, Director of Environmental Health of the City of Vernon, do hereby certify that I did, on the 12th day of May, 2004 at 4:30 PM, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on June 2, 2004, (see attached copy) regarding the establishment of City of Vernon Environmental Health Department health permit fees. One in each of the following places to wit: At the northwest corner of 38d' Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific .Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, all in said City, there being no newspaper of general circulation pr. ted and published in the City of Vernon. 5 SIGNED: ' DATED:' / Lewis Pozzebon — tor, Environmental Health State of California ) ) ss. County of Los Angeles ) On May 1,2 _?nn4 before me, Mari gnl Trn-i i 1 1 n Notary Public, personally appeared Lewis Pozzebon, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon which the person acted, executed the instrument. WITNESS my hand and official seal MARISOL TRUJILLO1 •- Comm. # 1352112 'n ' N NOTARY PUBLIC-CALIFORNIA �! Los Angeles County My Comm. Expires April I8, 4008 'A Malisof T to ....*.r+�..++..w.+..w*E IpVnydoc/admin/affidavit of posting 6-02