Resolution No. 2010-065RESOLUTION NO. 2010-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ESTABLISHING THE ABOVEGROUND PETROLEUM
STORAGE TANK FACILITY FEE PURSUANT TO SECTION 13.88
OF THE VERNON CITY CODE
WHEREAS, Pursuant to Chapter 6.67 of Division 20 of the
California Health and Safety Code (commencing with section 25270),
known as the Aboveground Petroleum Storage Act (the "Act"), the Health
and Environmental Control Department of the City of Vernon, as the
Unified Program Agency (the "UPA") under the. Act, is responsible for
the implementation, enforcement and administration of the Act; and
WHEREAS, Section 25270.6 of the Act requires the UPA to
r
establish a fee, as part of the single fee system implemented pursuant
to Section 25404.5 of the California Health and Safety Code, at a
level sufficient to pay the necessary and reasonable costs incurred by
the UPA in administering the Act, including, but not limited to
inspections, enforcement, and administrative costs; and
WHEREAS, the City has introduced an ordinance to establish
Section 13.88 of the Vernon City Code ("Ordinance No. 1171"), which
will authorize the City Council of the City of Vernon to establish a.
fee, as part of the single fee system implemented pursuant to Section.
25404.5 of the California Health and Safety Code, at a level
sufficient to pay the necessary and reasonable costs incurred by the
UPA in administering the Act, including, but not limited to
inspections, enforcement, and administrative costs; and
WHEREAS, the City Council desires to establish the fee
required by the Act, to be effective as of the effective date of
Ordinance No. 1171; and
WHEREAS, the amount of the proposed fee does not exceed the
necessary and reasonable costs incurred by the UPA in administering
the Act, including, but not limited to inspections, enforcement, and
administrative costs; and
WHEREAS, the fee will not be levied for unrelated revenue
proposes; and
WHEREAS, a notice of the public hearing on this matter was
published in the Vernon Sun on May 27, 2010 and June 3, 2010; and
WHEREAS, the City Council held a duly noticed public hearing
on this matter on June 7, 2010, at which time all interested persons
were given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby,
finds and determines that the recitals contained herein are true and
correct.
SECTION 2: The City Council further finds that all persons
have had an opportunity to be heard or to file written comments to the
proposed establishment of the fees pursuant to Section 13.88 of the
Vernon City Code, and after due consideration of any and all evidence
submitted at the public hearing determines that the establishment of
the fees is justified and that the fees imposed do not exceed the
necessary and reasonable costs incurred by the UPA in administering
the Act.
SECTION 3: The City Council hereby establishes the fee
pursuant to Section 13..88 of the Vernon City Code, effective as of the
effective date of Ordinance No. 1171, as follows:
2
Aboveground
Petroleum Storage Tank Facility
Fee
Storage Capacity
(in
gallons)
Fee
Greater than or
equal
to 1,320 and less than
$200
10,000
Greater than or
equal
to 10,000 and less than
$400
100,000
Greater than or
equal
to 100,OOO and less than
$800
1,000,000
Greater than or
equal
to 1,000,000 and less
$1,600
than 10,000,000
Greater than or
equal
to 10,OOO,000 and less
$3,200
than 100,000,000
100,000,000 or more
$6,400
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption.of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
ATT
APPROVED AND ADOPTED this 7th day of June, 2010.
Name: Hilario Gonzales
Title: Mayor /-may -
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-65, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, June 7, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this f day of June, 2010, at Vernon, California.
(SEAL)
Willard C/Y�ma�jchi, City Clerk
4
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 8, 2010
TO: Lewis Pozzebon, Director of Health & E vironmental Control
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2010-65 — A Resolution of the City Council of the City of Vernon
Establishing the Aboveground Petroleum Storage Tank Facility Fee Pursuant to Section
13.88 of the Vernon City Code
Transmitted herewith is a copy of Resolution No. 2010-65 referenced above, which was approved by City
Council on June 7, 2010.
Thank you.
WY:dj
c: Resolution No. 2010-65
RECEIVED
JUN 0 2 2010
CITY CLERK'S OFFICE
STAFF REPORT
HEALTH & ENVIRONMENTAL CONTROL_ DEPARTMENT
DATE: June 2, 2010
TO: Honorable Mayor and City. Council
FROM: Lewis Pozzebon, Director
RE: Request for Approval of Aboveground Petroleum Storage Fee Ordinance
Assembly Bill 1130 created the Health & Safety Code (H&SC), Chapter 6.67, Sections 25270
through 25720.13, which gave our department authority to implement the Aboveground Petroleum
Storage Act (APSA) in Vernon effective January 1, 2008.
APSA applies to facilities that are subject to the oil pollution prevention regulations specified in Part
112.1 of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations or that have a
storage capacity of 1,320 gallons or more of petroleum in tanks and containers that are substantially
above the ground. The total storage capacity of petroleum at a facility is obtained by adding the
rated design capacity of each container that can store 55 gallons or more of petroleum. Examples of
petroleum includes crude oil, sludge, mineral oil, petroleum solvents, gas turbine fuel oils,
lubricating oils, waste oil, kerosene, soluble cutting and metalworking fluid containing petroleum,
inks and coatings containing petroleum, diesel, gasoline, heating oil, and biodiesel (if it is not 100%
biodiesel).
One time grant funding, provided by the California Environmental Protection Agency, has
supported our department's APSA activities; such as training and program development, for two
years. However, to provide long term full cost recovery, a permanent fee base is needed.
An introductory letter has been issued to each APSA facility in Vernon explaining the program.
A discussion of proposed fees was included in the letter.
FISCAL IMPACT:
Attached is a recommended APSA fee schedule for the different size volume capacity tanks
found within Vernon. In addition, a comparison chart is also included to compare other
jurisdictions and their fee schedules.
The Proposed APSA fee schedule is ;derived from the State Water Resources Control Board
estimates on inspection and review times needed to conduct inspections once every 18 months.
JUN 0 2 2010
BY. ,`r3s
The fees generated by the new APSA
mandated inspections as required by the
collected each year to fund the program.
RECOMMENDATION:
fee schedule would cover the cost of conducting the
State. We estimate approximately $14,000 would be
After holding a public hearing on the proposed fees and charges to be established pursuant to the
Aboveground Petroleum Storage Act, we recommend that an ordinance authorizing the fees and
charges be introduced and read by title only, and that the related resolution setting the fees be
approved by the Mayor and City Council Members. We will invoice APSA facilities for Fiscal
Year 2010-11 as soon as the ordinance is effective.
The proposed ordinance and resolution will enable the Health Department to provide full cost
recovery in conducting the required reviews and inspections of the newly regulated aboveground
petroleum storage tanks in a timely manner.
Attachments
9cLG:UST/Above ground tanks/Request to City Council May 2010.doc
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Table 1
Certified Unified Program Agencies Annual Fee
ggregate Gallons Contra El Long San San ub Vernon
(Storage Capacity) Costa Segund Beach Bernardino Joaquin. (Proposed)
Conditional exempt, e.g. 6
SPCTIS
1,320 — less than 10,000
987
63
125
150
0
26
200
10,000 — less than 100,000
3108
125
460
300
675
375
400
0,000 — less than 500.000
495
Greater than 500K
81
100,000 - less than
1,000,000
4661
250
851
600
750
800
1,000,000 - less than
10,000,000
6215
1000
2228
2,400
850
1600
10,000,000 - less than
9097
5000
8200
12,000
100
3200
P100,000,000
eater than 100 million
1151
18,750111,730
15,000
115
640
RECEIVE&
I
STAFF REPORT JuN o 2 Zoo
HEALTH & ENVIRONMENTAL CONTROL D&4*fMk f-
DATE,: June 2, 2010
TO; Donal O'Callaghan, City Administrator b\
FROM: Lewis Pozzebon, Director
CC: Leonard Grossberg, Chief Deputy Director
RE: Request for Development and Approval of Aboveground Petroleum
Storage Fee Ordinance
BACKGROUND:
Assembly Bill 1130 created the Health & Safety Code (H&SC), Chapter 6.67, Sections 25270
through 25720.13, which gave our department authority to implement the Aboveground Petroleum
Storage Act (APSA) in Vernon effective January 1, 2008.
APSA applies to facilities that are subject to the oil pollution prevention regulations specified in Part
112.1 of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations or that have a
storage capacity of 1,320 gallons or more of petroleum in tanks and containers that are substantially
above the ground. The total storage capacity of petroleum at a facility is obtained by adding the
rated design capacity of each container that can store 55 gallons or more of petroleum. Examples of
petroleum includes crude oil, sludge, mineral oil; petroleum solvents, gas turbine fuel oils,
lubricating oils, waste oil; kerosene, soluble cutting and metalworking fluid containing petroleum,
inks and coatings containing petroleum, diesel; gasoline, heating oil, and biodiesel (if it is not 100%
biodiesel).
One-time grant funding, provided by the California Environmental Protection Agency, has
supported our department's APSA activities, such as training and program development for two
years. However, to provide long term full cost recovery, a permanent fee base is needed.
An introductory letter has been issued to each APSA facility in Vernon explaining the program.
A discussion of proposed fees was included in the letter.
JUN 0 2 2W
FISCAL IMPACT:
Attached is a recommended APSA fee schedule for the different size volume capacity tanks
found within Vernon. In addition, a comparison chart is also included to compare other
jurisdictions and their fee schedules.
The Proposed APSA fee schedule is derived from the State Water 'Resources Control Board
estimates on inspection and review times needed to conduct inspections once every 18 months.
The fees generated by the new APSA fee schedule would cover the cost of conducting the
mandated inspections as required by the State. We estimate approximately $14,000 would be
collected each year to fund the program:
RECOMMENDATION:
We recommend that a fee ordinance resolution be drafted by the City Attorney and attached to
the staff report for consideration by the Mayor and City Council Members. We are requesting
that the fee ordinance be prepared and scheduled for the June 7, 2010 Council meeting. We will
invoice APSA facilities for Fiscal Year 2010-11 as soon as the council approves the ordinance.
Attachments
Xc: Laurence S. Wiener, City Attorney
Linda Smith
9CLG:SOLID WASTE/EAG 2011/EA 21-Request authority to enact memo.doc
Page 1 of 2
Tolmasoff, Robin
From: Grossberg, Leonard
Sent: Wednesday, June 02, 2010 1:41 PM
To: Tolmasoff, Robin
Subject: FW: Above Ground Tank Fees
Here are the e-mails regarding the pending ordinance for the staff report.
Leonard
From: Pozzebon, Lewis
Sent: Wednesday, June 02, 2010 12:41 PM
To: 'Gena Stinnett'
Cc: Grossberg, Leonard
Subject: RE: Above Ground Tank Fees
Hi Gena:
We are submitting the staff report this afternoon. When you get a chance we would like to see the drafts Trisha is working on
will be out of the office tomorrow and Monday. Please forward any documents to Leonard Grossberg.
The fee schedule we previously submitted is correct.
Lew
Lewis Pozzebon, Director / Health Officer
City of Vernon Health & Environmental Control Dept
4305 Santa Fe Avenue
Vernon, CA 90058 (323) 583-8811 Ext 229
Lpozzebon(a�cixernonxa.us www.ci vofvernon org
"Environmental Health - The art and science of protecting against environmental factors that may adversely impact
human health or the ecological balances essential to long-term human health and environmental quality, whether in the
natural or human -made environment."
From: Gena Stinnett [mailto:gstinnett@rwglaw.com]
Sent: Wednesday, June 02, 2010 11:50 AM
To: Pozzebon, Lewis
Cc: Trisha Ortiz
Subject: RE: Above Ground Tank Fees
Hi Lew:
I'm on the phone with Trisha Ortiz regarding it - she's been working with Larry on it all of last week. We should have it ready in
time for today's agenda packet. Have you prepared the staff report, or are you waiting on the drafts from Trisha?
Also - Trisha received a fee schedule attached to the April 22, 2010 staff report (the staff report that went to the City Council
already). Is that still the correct fee schedule to use in the resolution?
Best regards,
=Gena=
-----Original Message -----
From: Pozzebon, Lewis [mailto:LPozzebon@ci.vernon.ca.us]
I
6/2/2010
Page 2 of 2.
c ;dt: Wednesday, June 02, 2010 10:39 AM
To: Gena Stinnett
Subject: Above Ground Tank Fees
Hi Gena:
Can you let me know if the above ground tank fees we proposed are ok and are being prepared for City Council approval?
Thanks.
Lew
Lewis Pozzebon, Director I Health Officer
City of Vernon Health & Environmental Control Dept
4305 Santa Fe Avenue
Vernon, CA 90058 (323) 583-8811 Ext 229
Lpozzebon(cDci.vernon.ca.us www.cityofvernon.org
"Environmental Health - The art and science of protecting against environmental factors that may adversely impact
human health or the ecological balances essential to long-term human health and environmental quality, whether in the
natural or human -made environment."
NOTICE: This communication may contain privileged or other confidential information. If you are not the intended
recipient of this communication, or an employee or agent responsible for delivering this communication to the intended
recipient, please advise the sender by reply email and immediately delete the message and any attachments without
copying or disclosing the contents. Thank you.
6/2/2010
ORDINANCE NO. 1171
AN ORDINANCE OF THE CITY OF VERNON AMENDING
THE VERNON CITY CODE BY ADDING SECTION 13 88
TO ESTABLISH FEES AND CHARGES PURSUANT TO THE
ABOVEGROUND PETROLEUM STORAGE ACT
WHEREAS, Pursuant to Chapter 6.67 of Division 20 of the
California Health and Safety Code (commencing with section 25270),
known as the Aboveground Petroleum Storage Act (the "Act"), the Health
and Environmental Control Department of the City of Vernon, as the
Unified Program Agency (the "UPA") under the Act, is responsible for
the implementation, enforcement and administration of the Act; and
WHEREAS, Section 25270.6 of the Act requires the UPA to
establish a fee, as part of the single fee system implemented pursuant
to Section 25404.5 of the California Health and Safety Code, at a level
sufficient to pay the necessary and reasonable costs incurred by the
UPA in administering the Act, including, but not limited to
inspections, enforcement, and administrative costs and
WHEREAS, the City Council of the City of Vernon desires to
establish a fee, as part of the single fee system implemented pursuant
to Section 25404.5 of the California Health and Safety Code, at a level
sufficient to pay the necessary and reasonable costs incurred by the
UPA in administering the Act, including, but not limited to
inspections, enforcement, and administrative costs; and
WHEREAS, a notice of the public hearing on this matter was
published in the Vernon Sun on May 27 2010 and June 3, 2010; and
WHEREAS, the City Council held a duly noticed public hearing`
on this matter on June 7, 2010, at which time all interested persons
were given an ,opportunity to be heard:
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
Section 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained herein are true and
correct.
Section 2: The City Council further finds that all persons
have had an opportunity to be heard or to file written comments to the
proposed establishment of the fees that will be authorized by this
ordinance, and after due consideration of any and all evidence
submitted at the public hearing determines that the establishment of
the fees is justified.
Section 3: The Vernon City Code is hereby amended by adding
Section 13.88 to read as follows
Sec. 13.88. Same —Aboveground Petroleum Storage Act
(a) The health officer shall implement the provisions of
Chapter 6.67 (commencing with section 25270) of Division
20 of the California Health and Safety Code, known as the
Aboveground Petroleum Storage Act (the "Act"), any
California Code of Regulations pertaining thereto, and any
other section, chapter or provision authorized by, law
affecting or relating to aboveground petroleum storage.
(b) In accordance with the single fee system established
pursuant to Health and Safety Code Section 25404.5, each
owner or operator of a tank facility who is subject to the
requirements of subdivision (a) of Section 25270.6 of the
Act shall pay the following fees and charges to cover the
City's costs incurred in implementing, enforcing and
administering the program established by the Act:
I
1) Aboveground Petroleum Storage Tank;Facility Fee: The
annual fee based on the storage capacity of the tank
facility. Such fee shall be established by resolution
of the City Council at a level sufficient to pay the
necessary and reasonable costs incurred in administering
the Act, including, but not limited to inspections,
enforcement, and administrative costs
2) State Surcharge: The -annual State surcharge for general
program oversight, in addition to any tiered permitting
surcharge imposed by the State, as established by the
Secretary; of the California Environmental Protection
Agency pursuant to Section 25404..5(b) of the California
Health and Safety Code.
Section 4: If any chapter, article, section, subsection,
subdivision, paragraph, sentence, clause, phrase,, or word in this
ordinance or any part thereof is foranyreason held to be
i
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each chapter, article, section, subsection,,
subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses,.
phrases or words be declared unconstitutional, or invalid, or
ineffective.
Section 5: The City Clerk shall attest and, certify to the
adoption of this ordinance and shall cause this ordinance and the City
3
Clerk's certification to be entered in the Book of Ordinances of the
Council of this City. The City Clerk shall cause this ordinance to be
published or posted as required by law.
Section 6: This Ordinance shall go into effect and be in
full force and effect at 12:01 a.m. on the thirty-first (31st) day
after its passage.
APPROVED AND ADOPTED this 14th day of June, 2010
Name Hilario Gonzales
Title: Mayor / ' Mttye-
ATTE T:
LL RD d. CH City Clerk
4
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, WILLARD G. YAMAGUCHI, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1171, was duly and regularly introduced at a
meeting of the City Council of the City of Vernon, held in the
City of Vernon on Monday, June 7, 2010, and thereafter adopted
at a meeting of said City Council held on Monday, June 14, 2010,
by the following vote:
AYES: Councilmembers: Mayor Gonzales,
McCormick, Davis,
Maisano, Newmire
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this d. r day of June, 2010, at Vernon, California.
W LLAR G. `G C I
City Clerk
(SEAL)
- 5 -
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 21, 2010
TO: Lewis Pozzebon, Director of Health & Environmental Control
FROM: Willard Yamaguchi, City Clerk
RE: Ordinance No. 1171 — An Ordinance of the City of Vernon Amending the Vernon City
Code By Adding Section 13.88 to Establish Fees and Charges Pursuant to the
Aboveground Petroleum Storage Act
Transmitted herewith is a copy of Ordinance No. 1171 referenced above, which was approved by City
Council on June 14, 2010.
Thank you.
WY:dj
Attachment
c: Rory Burnett
Kristen Enomoto
Masami Higa
Alex Kung
Joaquin Leon
Martha Valenzuela
Ordinance No. 1171
Resolution No. 2010-65
DATE: June 2, 2010 C\ v
TO: Honorable Mayor and City Council
FROM: Lewis Pozzebon, Director
RE: Request for Approval of Aboveground Petroleum Storage Fee Ordinance
Assembly Bill 1130 created the Health & Safety Code (H&SC), Chapter 6.67, Sections 25270
through 25720.13, which gave our department authority to implement the. Aboveground Petroleum
Storage Act (APSA) in Vernon effective January 1, 2008.
APSA applies to facilities that are subject to the oil pollution prevention regulations specified in Part
1121 of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations or that have a
storage capacity of 1,320 gallons or more of petroleum in tanks and containers that are substantially
above the ground. The total storage capacity of petroleum at a facility is obtained by adding the
rated design capacity of each container that can store 55 gallons or more of petroleum. Examples of
petroleum includes crude oil, sludge, mineral oil, petroleum solvents, gas turbine fuel oils,
lubricating oils, waste oil, kerosene, soluble cutting and metalworking fluid containing petroleum,
inks and coatings containing petroleum, diesel, gasoline, heating oil, and biodiesel (if it is not 100%
biodiesel).
One time grant funding, provided by the California Environmental Protection Agency, has
supported our department's APSA activities, such as training and program development, for two
years. However, to provide long term full cost recovery, a permanent fee base is needed.
An introductory letter has been issued to each APSA facility in Vernon explaining the program.
A discussion of proposed fees was included in the letter.
FISCAL IMPACT:
Attached is a recommended APSA fee schedule for the different size volume capacity tanks
found within Vernon. In addition, a comparison chart is also included to compare other
jurisdictions and their fee schedules.
The Proposed APSA fee schedule is derived from the State Water Resources Control Board
estimates on inspection and review times needed to conduct inspections once every 18 months.
JUN 0 2 2010
The fees generated by the new APSA fee schedule would cover the cost of conducting the
mandated inspections as required by the State. We estimate approximately $14,000 would be
collected each year to fund the program.
RECOMMENDATION:
After holding a public hearing on the proposed fees and charges to be established pursuant to the
Aboveground Petroleum Storage Act, we recommend that an ordinance authorizing the fees and
charges be introduced and read by title only, and that the related resolution setting the fees be
approved by the Mayor and City Council Members. We will invoice APSA facilities for Fiscal
Year 2010-11 as soon as the ordinance is effective.
The proposed ordinance and resolution will enable the Health Department to provide full cost
recovery in conducting the required reviews and inspections of the newly regulated aboveground
petroleum storage tanks in a timely manner.
Attachments
9cLG:UST/Above ground tanks/Request to City Council May 2010.doc
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Table 1
Certified Unified Program Agencies Annual Fee
Aggregate Gallons Contra El Long San San ub Vernon
(Storage Capacity) gundo Beach Bernardino Joaquin (Proposed)
Conditional exempt, e.g. 6
31"Cn1S
1,320 — less than 10,000
98
63
125
26
200
10,000 — less than 100,000
3108
125
46
A30
675
375
400
50,000 — less than 500,000
495
Greater than 500K
81
100,000 - less than
1,000,000
4661
250
851
600
750
80
1,000,000 - less than
10,000,000
6215
1000
2228
2,400
850
1600
10,000,000 - less than
9097
5000
8200
12,000
1000
3200
W000,000
r than 100 million
12,510
18,750
11,730
15,000
1150
6400
Q
RECEIVE
STAFF REPORT JUN 12 2010
HEALTH & ENVIRONMENTAL CONTROL D6Ai9WY
DATE: June 2, 2010
TO: Donal O'Callaghan, City Administrator \
FROM: Lewis Pozzebon, Director
CC: Leonard Grossberg, Chief Deputy Director
RE: Request for Development and Approval of Aboveground Petroleum
Storage Fee Ordinance
BACKGROUND:
Assembly Bill 1130 created the Health & Safety Code (H&SC), Chapter 6.67, Sections 25270
through 25720.13, which gave our department authority to implement the Aboveground Petroleum
Storage Act (APSA) in Vernon effective January 1, 2008.
APSAapplies to facilities that are subject to the oil pollution prevention regulations specified in Part
112.1 of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations or that have a
storage capacity of 1,320 gallons or more of petroleum in tanks and containers that are substantially
above the ground. The total storage capacity of petroleum at a facility is obtained by adding the
rated design capacity of each container that can store 55 gallons or more of petroleum. Examples of
petroleum includes crude oil, sludge, mineral oil, petroleum solvents, gas turbine fuel oils,
lubricating oils, waste oil, kerosene, soluble cutting and metalworking fluid containing petroleum,
inks and coatings containing petroleum, diesel, gasoline, heating oil, and biodiesel (if it is not 100%
biodiesel). ,
One-time grant funding, provided by the California Environmental Protection Agency, has
supported our department's APSA activities, such as training and program development for two
years. However, to provide long term full cost recovery, a permanent fee base is needed.
An introductory letter has been issued to each APSA facility in Vernon explaining the program.
A discussion of proposed fees was included in the letter.
JUN 0 2 20110
BY _--(ems__ � .3 s
_�
URDU N I J,
Attached is a recommended APSA fee schedule for the different size volume capacity tanks
found within Vernon. In addition, a comparison chart is also included to compare other
jurisdictions and their fee schedules.
The ProposedAPSA fee schedule is derived from the State Water Resources Control Board
estimates on inspection and review times needed to conduct inspections once every 18 months.
The fees generated by the new APSA fee schedule would cover the cost of conducting the
mandated inspections as required by the State. We estimate approximately $14,000 would be
collected each year to fund the program.
RECOMMENDATION:
We recommend that a fee ordinance resolution be drafted by the City Attorney and attached to
the staff report for consideration by the Mayor and. City Council Members. We are requesting
that the fee ordinance be prepared and scheduled for the June 7, 2010 Council' meeting. We will
invoice APSA facilities for Fiscal Year 2010-11 as soon as the council approves the ordinance:.
Attachments
Xc: Laurence S. Wiener, City Attorney
Linda Smith
9CLG:SOLID WASTE/] AG 2011/EA 21-Request authority to enact memo.doc
Page 1 of 2
Tolrnasoff, Robin
From: Grossberg, Leonard
Sent: Wednesday, June 02, 2010 1:41 PM
To: Tolmasoff, Robin
Subject: FW: Above Ground Tank Fees
Here are the e-mails regarding the pending ordinance for the staff report.
Leonard
From: Pozzebon, Lewis
Sent: Wednesday, June 02, 2010 12:41 PM
To: 'Gena Stinnett'
Cc: Grossberg, Leonard
Subject: RE: Above Ground Tank Fees
Hi Gena:
We are submitting the staff report this afternoon. When you get a chance we would like to see the drafts Trisha is working on. I
will be out of the office tomorrow and Monday. Please forward any documents to Leonard Grossberg.
The fee schedule we previously submitted is correct.
Lew
Lewis Pozzebon, Director I Health Officer
City of Vernon Health & Environmental Control Dept
4305 Santa Fe Avenue
Vernon, CA 90058 (323) 583-8811 Ext 229
Lpozzebon-ci.vernon.ca.us www.cityofvernon.org
"Environmental Health - The art and science of protecting against environmental factors that may adversely impact
human health or the ecological balances essential to long-term human health and environmental quality, whether in the
natural or human -made environment."
From: Gena Stinnett [mailto:gstinnett@rwglaw.com]
Sent: Wednesday, June 02, 2010 11:50 AM
To: Pozzebon, Lewis
Cc: Trisha Ortiz
Subject: RE: Above Ground Tank Fees
Hi Lew:
I'm on the phone with Trisha Ortiz regarding it - she's been working with Larry on it all of last week. We should have it ready in
time for today's agenda packet. Have you prepared the staff report, or are you waiting on the drafts from Trisha?
Also - Trisha received a fee schedule attached to the April 22, 2010 staff report (the staff report that went to the City Council
already). Is that still the correct fee schedule to use in the resolution?
Best regards,
=Gena=
-----Original Message -----
From: Pozzebon, Lewis[ma iIto: LPozzebon@ci.vernon.ca.us]
I
6/2/2010
Page 2 of 2
S ,nt: Wednesday, June 02, 2010 10:39 AM
To: Gena Stinnett
Subject: Above Ground Tank Fees
Hi Gena:
Can you let me know if the above ground tank fees we proposed are ok and are being prepared for City Council approval?
Thanks.
Lew
Lewis Pozzebon, Director I Health Officer
City of Vernon Health & Environmental Control Dept
4305 Santa Fe Avenue
Vernon, CA 90058 (323) 583-8811 Ext 229
Lpozzebon(Wei.vernon.ca.us www.cityofvernon.org
"Environmental Health - The art and science of protecting against environmental factors that may adversely impact
human health or the ecological balances essential to long-term human health and environmental quality, whether in the
natural or human -made environment."
NOTICE: This communication may contain privileged or other confidential information. If you are not the intended
recipient of this communication, or an employee or agent responsible for delivering this communication to the intended
recipient, please advise the sender by reply email and immediately delete the message and any attachments without
copying or disclosing the contents. Thank you.
6/2/2010
This space is for the County Clerk's Filing Stamp
��Yst�x� Cx�zx}� ax�rCt��ttt,oxt�, �xtc�
The Only All Hispanic Owned Chain of Bilingual Newspapers
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on the following dates, to -wit:
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I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 03-rslday of JUNE, 2010.
CITY OF VERNON
Proof of Publication of
Notice of Public Hearing: Monday. June 7.2010 ...
An Ordinance ... Aboveground Petroleum Storage
Act Fee and A Resolution... Establishing Fee...
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323 341-7970 Fax: 323 341-7976 www.egpnews.com
BILL TO
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Kristen Enomoto, Deputy City Clerk
4305 Santa Fe Avenue
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Invoice
DATE
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SHIP TO
EASTSIDE SUN
NORTHEAST SUN
MEXICAN AMERICAN SUN
BELL GARDENS SUN
VERNON SUN
COMMERCE COMET
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MONTEBELLO COMET
MONTEREY PARK COMET
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WYVERNWOOD CHRONICLE
TOTAL CIRCULATION: 106,500
City of Vernon
Kristen Enomoto, Deputy City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
INVOICE #
P.O. NO.
DUE DATE
38852
Placed by K.Enomoto
6/5/2010
DESCRIPTION
OTY
RATE
AMOUNT
"Notice of Public Hearing: Monday, June 7, 2010 ... An
2
200.00 400.00
Ordinance... Aboveground Petroleum Storage Act Fee
and A Resolution... Establishing Fee ..."
i.EONP�fl - ioi,/o
2 col. x 4" = 8.0 Column Inches
?Ll r"Ccr SUCH I'r Fort I
C-1,PZ
at $ 25.00 per column inch
pAyAC�vr. -Ne C1Ty .1
$ 200.00 per publication date
pF'F+c� �rP+r�FiD e47►a
Pig �� CAT1ryN Fort oJlt Fib. �
Publication Dates:
-TMrNK 4�J
1) May 27, 2010
2) Jun 03, 2010
RECEIVED
JUN 0 WO
CITY CLERKS OFFICE
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