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Resolution No. 8768 1 2 3 RESOLUTION NO. 8768 4 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. 8451 5 6 7 8 WHEREAS, Sections 11.9.4, 13.7, 13.31, 25.12, and 25.13-6 of 9 the Vernon City Code provide for the issuance of health permits for 10 various types of businesses, vehicles, facilities and uses; and 11 WHEREAS, Section 13.53 to the Vernon City Code provides. for 12 the issuance of permits for hazardous materials establishments; and 13 WHEREAS, Sections 11.9.4, 13.8, 13.34, 13.55, and 25.12-4 of 14 the Vernon City Code provide that the City Council of the City of 15 Vernon shall establish health permit fees, hazardous materials 16 establishment permit fees, and application fees therefor by resolution; 17 and 18 WHEREAS, on June 2, 2004, the City Council of the City of 19 Vernon adopted Resolution No. 8451 establishing health permit fees, 20 hazardous materials establishment permit fees, and application fees in 21 accordance with the Vernon City Code; and 22 WHEREAS, the amount of the fees do not exceed the reasonable 23 cost of providing the services necessary to the activity for which the 24 fees are charged; and 25 WHEREAS, the fees are not levied for unrelated revenue 26 purposes; and 27 WHEREAS, the Director of Environmental Health has recommended 28 that health permit fees be increased effective July 1, 2005, in order 1 to make the fees established by Resolution No. 8451 consistent with the 2 fee structure used by other jurisdictions for similar services and to 3 account for the effects of the Consumer Price Index changes; and 4 WHEREAS, a notice of the public hearing was posted on 5 June 13, 2005, and published on June 15, 2005 and June 20, 2005, in a 6 newspaper of general circulation and in a manner consistent with the 7 requirements of Government Code Section 6066; and 8 WHEREAS, the City Council of the City of Vernon held a duly 9 noticed public hearing in this matter on June 29, 2005, at which time 10 all interested persons were given an opportunity to be heard; and 11 WHEREAS, the City Council has heard and considered all 12 evidence, both written and oral, presented in consideration of the 13 establishment of health permit, hazardous materials establishment 14 permit, and application fees for permits; and 15 WHEREAS, the City Council of the City of Vernon intends to 16 establish new fees for such categories as set forth herein. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 18 CITY OF VERNON AS FOLLOWS: 19 SECTION 1: The City Council of the City of Vernon hereby 20 finds and determines that the recitals contained hereinabove are true 21 and correct. 22 SECTION 2: The City Council of the City of Vernon further 23 finds that all persons have had an opportunity to be heard or to file 24 written comments to the proposed establishment of health permit, 25 hazardous materials establishment permit, and application fees for 26 permits, and after due consideration of any and all evidence submitted 27 at the public hearing determines that there are compelling reasons to 28 justify the establishment of the fees. - 2 - " 1 SECTION 3: The City Council of the City of V~rnon hereby 2 establishes the following issuance fees and annual renewal fees for 3 permits granted by the City of Vernon pursuant to Section 13.8 of the 4 Vernon City Code: 5 TYPE OF BUSINESS OR VEHICLE ANNUAL FEE $220 (or $76 per day) $143 $524 6 (a) Caterer 7 (b) Commercial Agricultural Operation 8 (c) Commissary 9 (d) Food Processing Establishment 10 11 12 (e) 13 (f) 14 (g) 15 (h) 16 17 (i) 18 (1) Less than 2,000 sq.ft. (2) 2,000 sq. ft. or more $339 $693 Food Vending Machine Business $27 per machine Food Warehouse $267 $224 Garment Manufacturing Establishment Laundry (including vehicles operating from the City of Vernon) $158 Laundry Vehicle (independent and from outside the City of Vernon) $80 per vehicle 19 20 21 22 23 24 (j) Liquid Waste Pumping Vehicle $158 plus $80 per vehicle (k) Mobile Food Facility (1) Whole Produce (RFVV) $93 per vehicle (2) Prepackaged Food (CART) $119 per vehicle (3) Ret. Food Vehicle (Cold Truck) $174 (or $52 per day) per vehicle 25 (1) Mobile Food Preparation Unit 26 (m) OffalVehicle $267 (or $89 per day) $158 plus $80 per vehicle* 27 28 (n) Rendering Plant $243 plus $80 per vehicle - 3 - ," 1 TYPE OF BUSINESS OR VEHICLE ANNUAL FEE 2 (0) Restaurant 3 4 (1) 0-30 seats $267 $528 $174 $174 $199 $78 (2) 31 seats and over 5 (p) Retail Food Market 6 (q) Retail Food Production Establishment 7 (r) Temporary Event Organizer 8 (s) Temporary Food Facility 9 (t) Waste Collection Business $158 plus $80 per waste collection vehicle 10 11 12 13 $158** ( u) Waste Collection Vehicle Yard (v) Waste Disposal Site (w) Waste Processing Facility (x) Waste Transfer Station (y) Water Supply Utility ( z) Wholesale Food Vehicle $158 plus $80 per waste disposal business vehicle 14 $158 $158 15 16 $6.00 per service $46 per vehicle 17 18 19 20 21 22 23 24 *The $158 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 25 26 27 28 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: / / / - 4 - 1 2 3 TYPE OF BUSINESS OR VEHICLE ANNUAL FEE (a) Underground Hazardous Substances Storage Facility $67 4 (b) Annual Tank Operating Permit $75 per tank (not to exceed $375 per facility) 5 6 7 8 9 10 11 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) $318 12 PERMIT FEE (initial and renewal) : 13 14 15 16 17 18 19 20 21 22 23 24 Class A: $106 Handling of less than 100 kilograms (220 lbs.) of hazardous materials per month; or less than 1 kilogram (2.2 Ibs.) of extremely hazardous waste per month. Class B: $318 Handling of 100 kilograms (220 lbs.) to 1,000 kilograms (2,200 Ibs.) of hazardous materials per month; or 1 kilogram (2.2 lbs.) to 10 kilograms (22 lbs.) of extremely hazardous waste per month. DESCRIPTION FEE Class C: $527 Handling of over 1,000 kilograms (2,220 lbs.) of hazardous materials per month; or over 10 kilograms (22 Ibs.) of extremely hazardous waste per month. 25 CERTIFICATE OF CLOSURE $318 26 For the purpose of determining the above fees, 1 gallon (3.79 27 liters) of liquid shall be equivalent to 7 pounds (3.18 kilograms). 28 Establishments which have hazardous substances stored in underground - 5 - " 1 storage tanks, for which a valid operating permit has been issued by 2 the City of Vernon, shall be exempt from including the volume of the 3 underground storage capacity when determining the permit fee 4 classification for a hazardous materials establishment. 5 SECTION 6: The City, Council of the City of Vernon hereby 6 establishes the following application fees, fee for filing an appeal, 7 and fee to amend a well permit granted by the City of Vernon pursuant 8 to Section 25.12-4 of the Vernon City Code: 9 10 11 12 13 14 TYPE OF BUSINESS OR VEHICLE ANNUAL FEE (a) Drilling a water well or destroying or converting an existing water well $219 $132 $108 (b) (c) Drilling a monitoring well Repairing/modifying a well SECTION 7: Delinquent fees shall be subject to the penalties 15 set forth in Vernon City Code Sections 13.15, 13.34, 13.55(b), or 16 25.12-1, as applicable. 17 SECTION 8: In addition to the foregoing, the licensee or 18 permittee shall pay all other necessary fees or deposits which may be 19 required by other ordinances or resolutions of the City of Vernon or 20 applicable State law. 21 SECTION 9: The fees provided for herein shall be effective 22 July 1, 2005, and all pr?visions of Resolution No. 8451 and all other 23 resolutions in conflict herewith are repealed. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / - 6 - 1 SECTION 10: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution, and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 29th day of June, 2005. 5 6 7 8 9 10 ~~~~~. "-~EONIS C. MAL RG, Mayor ATTEST: ~2u~ ~ 1#dI~~ .-. 11 BRUCE V. MALKENHORST, ~~~~~~~~- Acting City Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 COUNTY OF LOS ANGELES ss I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8768, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, June 29, 2005, and thereafter ~as duly signed by the Mayor of the City of Vernon. (SEAL) - 8 - SUPPORTING DOCUMENTS . v/ ENVIRONMENTAL HEALTH DEPT. Memo To: Bruce V. Malkenhorst, City Administrator If FnIm: Lewis Pozzebon, Director, Environmental Health r Date: 6/22/2005 Re: Posting and Publication of Public Hearing for Health Permit Fees Attached are: . Original posting of the public hearing for adjusting the health permit fees set for a public hearing before the City Council on June 29, 2005. . An affidavit of posting. . Declaration of Publication from the Metropolitan News confirming public notice for June 15 and June 20, 2005. , Please let me know if additional information is needed. Attachments Lplmydocladminlmemo/pubIic hearing affidavit transmittal . Page 1 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 29, 2005 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. Date: fa -I J-~S- 21s\General\noticeofpublichearing 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 13th day of June, 2005 at 4:30 PM, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on June 29, 2005, (see attached copy) regarding the adjustment of City of Vernon Environmental Health Department permit fees. One in each of the following places to wit: At the northwest comer of 38th Street and Santa Fe Avenue; the northeast comer 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 printed and published in the City of Vernon. 18. . "- DATED t,11~1os- , nvironmental Health I I SIGNED: State of California ) ) ss. County of Los Angeles ) On June 22. 2005 before me, Marisol Tru; illo Notary Public, personally appeared Lewis Pozzebon, personally known to me (or known to me on the basis of satisfactory evidence) 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. WITNE~S my hand and official seal ff1{~ r.. .. MARISOL T~UJILlO ~ - . ... Comm.I1352112 (/). NOTARY PUBLIC. CALIFORNIA fJ) Los Angeles County - My Comm. Expires April!B, 2006 .. Ip\mydocladminlaffidavit of posting 6-05 , .' DECLARATION OF PUBLICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES L. POZZEBON CITY OF VERNON HEALTH & ENVIRONMENTAL CONTROL 4305 SANTA FE AVE VERNON CA 90058 NOTICE OF PUBLIC HEARING RESOLUTION ADJUSTING HEALTH PERMIT FEES HEARING/CLOSE/SALE DATE: 06/29/05 The undersigned says: I am over the age of 18 years and a citizen of the United States. I am not a party to and have no interest in this matter. I am a principal clerk of the METROPOLI- TAN NEWS-ENTERPRISE, a newspaper of general cir- culation in the City of Los Angeles, the Judicial District of Los Angeles, the County of Los Angeles, and the State of California, as adjudicated in Los Angeles Superior Court Case No. 601165. The notice, a printed copy of which appears hereon, was published on the following date(s): Jun 15,20,2005 I declare under penalty of petjury that the foregoing is true and correct. Executed at Los Angeles, California on 06/20/05. Metropolitan Ne s-Enterprise P.O. Box 60859 Los Angeles, Ca 90060 Phone: (213) 346-0033 Fax: (213) 687-3886 Cust. Num.: 009687 Cust. Ref. Num.: Control Num.: 731461 111111I111111111111111111111111111111111 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 Santa Fe Avenue, Vernon, CA 90058 DATE & TIME: Wednesday, June 29, 2005 at 5:00 p.rn or as soon thereaf- ter 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: 6/1312005 CN731461 Juri 15,20,2005 Page 1 of 1