Resolution No. 2011-082RESOLUTION NO. 2011-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ESTABLISHING HEALTH PERMIT, HAZARDOUS
MATERIALS ESTABLISHMENT PERMIT, WATER WELL PERMIT
FEES, APPLICATION FEES, AND ABOVEGROUND PETROLEUM
STORAGE TANK FEES FOR PERMITS GRANTED BY THE CITY
OF VERNON PURSUANT TO SECTIONS 11.9.4, 13.7, 13.31,
13.53, 13.88, 25.12, AND 25.13-6, OF THE VERNON
CITY CODE AND REPEALING RESOLUTION NOS. 2010-63 AND
2010-117
WHEREAS, Sections 11.4.1, 11.9.4, 13.7, 13.31, 13.53, 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 of the Vernon City Code provides for
the issuance of permits for hazardous materials establishments; and
WHEREAS, Section 13.88 of the Vernon City Code provides for
the issuance of permits for aboveground petroleum storage tank fees;
and
WHEREAS, Sections 11.9.4, 13.8, 13.34, 13.57, 13.88 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, water well fees, application fees, and
aboveground petroleum storage tank fees therefor by resolution.; and
WHEREAS, on June 7, 2010, the City Council of the City of
Vernon adopted Resolution No. 2010-65 establishing the aboveground
petroleum storage tank facility fees in accordance with the Vernon City
Code; and
WHEREAS, on August 16, 2010,_the City Council of the City of
Vernon adopted Resolution No. 2010-117 establishing health permit fees,
hazardous materials establishment permit fees, water well permit and
application fees in accordance with the Vernon City Code; and
WHEREAS, the amount of the proposed fees for Fiscal Year
2011/2012 does not exceed the reasonable cost of providing the services
for which the fees are charged; and
WHEREAS, the fees are not levied for unrelated revenue
purposes; and
WHEREAS, the Director of Health & Environmental Control has
recommended that health permit fees be increased effective
July 1, 2011, in order to account for the effects of the Consumer Price
Index changes; and
WHEREAS, the water well fees, fees for caterers and the
certification of closure for a hazardous materials establishment remain
unchanged; and
WHEREAS, a notice of the public hearing was published on
May 5, 2011 and May 12, 2011; and
WHEREAS, the City Council of the City of Vernon held a duly
noticed public hearing in this matter on May 17, 2011, 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, application fees and aboveground petroleum storage tank 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_
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
(b) Commercial Agricultural Operation
(c) Commissary
(d) Food Processing Establishment
(1) Less than 2,000 sq.ft.
(2) 2,000 sq.ft. or more
(e) Food Vending Machine
(f) Food Warehouse
(g) Garment Manufacturing Establishment
(h) Laundry Facility (N/A if Facility is
not a Vernon business)
(i) Laundry Vehicle (independent and
from outside the City of Vernon)
(j) Liquid Waste Business
$259 (or $89 per day)
$169
$618
$412
$843
$33 per machine
$324
$163
$190
$50 per vehicle
$192
_3_
(k) Liquid Waste Vehicle
(1) Mobile Food Facility
(1) Retail Food Delivery
(2) Cold Truck
(3) Retail Food Prep
(4) Fruit and Vegetables
(m) Rendering Plant
(n) Rendering Vehicle/Offal Vehicle
TYPE OF BUSINESS OR VEHICLE
(o) Restaurant
$211 per vehicle
$211 per vehicle
$350 per vehicle
$113.00
$192*
$98
ANNUAL FEE
(1) 0-30 seats
$324
(2) 31 seats and over
$642
(p)
Retail Food Market
$211
(q)
Solid Waste Business
$192
(r)
Solid Waste Vehicle
$98
(s)
Waste Transfer Station
$192
(t)
Waste Processing Facility
$192
(u)
Waste Collection Vehicle Yard
$192**
(v)
Water Supply Utility
$8.00/Conn
(w)
Wholesale Food
$56.00
(x)
Wiping Rag Business
$192
*The $192 fee does not apply to a company operating
rendering/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.
4
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 $82
(b) Underground Storage Tank Systems $91 per tank
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 13.57 of the Code of the
City of Vernon:
DESCRIPTION FEE
APPLICATION FEE (one time) $375
PERMIT FEE (initial and renewal):
Class A: $129
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: $386
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.
Class C: $770
Handling of over 1,000 kilograms (2,220 lbs.) of
hazardous materials per month; or over 10 kilograms
(22 lbs.) of extremely hazardous waste per month.
CERTIFICATE OF CLOSURE
$375
For the purpose of determining the above fees, 1 gallon (3.79
liters) of liquid shall be equivalent to 7 pounds (3.18 kilograms).
_5_
Establishments which have hazardous substances stored in underground
storage tanks, for which a valid operating permit has been issued by
the City of Vernon, shall be exempt from including the volume of the
underground storage capacity when determining the permit fee
classification for a hazardous materials establishment.
SECTION 6: 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 13.88 of the
Vernon City Code:
TYPE OF BUSINESS OR VEHICLE ANNUAL FEE
Aboveground Petroleum Storage Tank Facility Fee
Storage Capacity (in gallons)
(1) Greater than or equal to 1,320 $210
and less than 10,000
(2) Greater than or equal to 10,000 $420
and less than 100,000
(3) Greater than or equal to 100,000 $800
and less than 1,000,000
(4) Greater than or equal to 1,000,000 $1,600
and less than 10,000,000
(5) Greater than or equal to 10,000,000 $3,200
and less than 100,000,000
(6) 100,000,000 or more $6,400
_6_
SECTION 7: The City Council of the City of Vernon hereby
establishes the following application fees, fee for filing an appeal,
and fee to amend a well permit granted by the City of Vernon pursuant
to Section 25.12-4 of the Vernon City Code:
TYPE OF BUSINESS OR VEHICLE ANNUAL FEE
(a) Drilling a water well or destroying
or converting an existing water well $258
(b) Drilling a monitoring well $155
(c) Repairing/modifying a well $128
SECTION 8: The City Council hereby adopts and approves the
fees set forth in this resolution and any restatement herein of
existing rates and amounts for previously imposed fees is for the
purpose of administrative convenience and is not intended, and shall
not be construed, as the imposition, extension, or increase of any such
fee.
SECTION 9: Delinquent fees shall be subject to the
penalties set forth in Vernon City Code Sections 13.15, 13.34,
13.57(b), 13.88 or 25.12-1, as applicable.
SECTION 10: In addition to the foregoing, the licensee or
permittee shall pay all other necessary fees or deposits which may be
required by other ordinances or resolutions of the City of Vernon or
applicable State law.
SECTION 11: The fees provided for herein shall be effective
July 1, 2011, and all provisions of Resolution Nos. 2010-65 and
2010-117 and all other resolutions in conflict herewith are repealed.
7
SECTION 12: 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 17th day of May, 2011.
FIR F
• ��.s�s�% City Clerk
Name: Hilario Gonzales
Title: Mayor Pro_ em
_8_
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. 2011-82, 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 Tuesday, May 17, 2011, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this ��/ day of May, 2011, at Vernon, California.
r
Will rd am g chi, City Clerk
(SEAL)
- 9 -
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: May 19, 2011
TO: Lewis Pozzebon, Director of Health & Environmental Control
FROM: Willard Yamaguchi, City Clerk/Interim City Attorney
RE: Resolution No. 2011-82 — A Resolution of the City Council of the City of Vernon
Establishing Health Permit, Hazardous Materials Establishment Permit, Water
Well Permit Fees, Application Fees and Aboveground Petroleum Storage Tank
Fees for Permits Granted By the City of Vernon Pursuant to Sections 11.9.4, 13.7,
13.31, 13.53, 13.88, 25.12, and 25.13-6, of the Vernon City Code and Repealing
Resolution Nos. 2010-65 and 2010-117
Transmitted herewith is a signed copy of Resolution No. 2011-82, referenced above, which was
approved by City Council on May 17, 2011.
WY:dj
Attachment
c: Rory Burnett
Resolution No. 2011-82
RECEIVED
(RECEIVE® �°�_���.� �� 5 / �/�
MAY 0 5 2011 �2vrr-�� MAY 0 4 2011
'j '�`
CITY ADMINISTRATION
CITY CLERK'S OFFICE
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
STAFF REPORT
DATE: May 3, 2011
TO: Honorable Mayor and City Council
FROM: Lewis Pozzebon, Director / Health Officer
RE: Annual Health Permit Fee Review and Recommendation for Fee
Adjustment
BACKGROUND:
Annually the Health & Environmental Control Department evaluates the health permit fee schedule
through a process of reviewing program costs and revenues, determining the consumer price index (CPI)
changes for the preceding year, and comparing Vernon health permit fees with the fees of other local
environmental health jurisdictions (Los Angeles and Orange Counties, and the Cities of Long Beach and
Pasadena). Program costs are tracked by utilizing the Eden System Reports that track expenditures and
also data reports from the environmental health software system, Envision. The Envision system tracks
time and costs as Health Department staff members enter specific inspection and related information into
the system.
The health permit fee review process is intended to assess the department's financial balance, consider
inflationary aspects, and identify significant disparities between Vernon's fee revenue and program
implementation costs. In addition, the fees charged by the other local jurisdictions are evaluated. In the
past, we have strived to request fee adjustments at levels that provided full cost recovery, yet remained
slightly below those of other jurisdictions. Past requests resulted in having our health permit fees
increased by 5% in 2008, 5% in 2007, 7% in 2006, 8% in 2005, and 5% in 2004. No increases were
requested or adopted for 2009-10. And in 2010-11 most of the fees were increased slightly (3%) and a
few fees were reduced.
Attached are:
1) 2011-12 Proposed Health Permit Fees — Program Costs vs. Revenue report which identifies each
health permit program and associated costs for 2009 and for 2010. The report also shows each
program's related current permit fee and proposed fee.
2) Fee comparison chart with other jurisdictions. The chart shows that, generally, other jurisdictions
consistently have higher fees. Please note that the City of Pasadena's Health Department has
received approval to increase health'permit fees incrementally over the next two years to match
L.A. County fees.
3) June 2010 Consumer Price Index (CPI) — The Consumer Price Index for Los Angeles -'Riverside -
Orange Counties indicates a 3.0% increase for the year ending March 2011.
FISCAL IMPACT:
Based on the information listed on the Program Costs vs. Revenue Report, reasonable fee levels have
been indicated in the column titled, Proposed FY 2011-12 Health Fee. Proposed Health Fee Notes
provide a justification for an increase or reasons for not changing the established fees. Overall very few
fees are being requested to be changed. Expected Total Revenue for FY 11-12 will increase slightly
because of the changes.
RECOMMENDATION:
I am requesting the approval of the health permit fees as indicated. The City Attorney's department has
reviewed the attached material and has prepared a resolution to adopt the new fees.
In accordance with Government Code 66018, which requires that the City follow the notice provisions in
Government Code 6062a, publication of notice will be arranged in the Vernon Sun. Proof of publication
will be forwarded separately.
Please let me know if you have any questions or need further information.
Attachments
Lp/mydocs/admin/finance/health fees,2011-12 staff report
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MAY 0 5 2011 .FV
C p CITY ADMINISTRATION
' �P�yr Y.Mpy
CIT1(CLERK S i)FFICE
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
DATE: May 3, 2011
TO: Mark Whitworth, City Administrator
FROM: Lewis Pozzebon, Director / Health Officer
RE: Annual Health Permit Fee Review and Recommendation for Fee
Adjustment
BACKGROUND:
Annually the Health & Environmental Control Department evaluates the health permit fee schedule
through a process of reviewing program costs and revenues, determining the consumer price index (CPI)
changes for the preceding year, and comparing Vernon health permit fees with the fees of other local
environmental health jurisdictions (Los Angeles and Orange Counties, and the Cities of Long Beach and
Pasadena). Program costs are tracked by utilizing the Eden System which tracks expenditures and also
data reports from the environmental health software system, Envision. The Envision system tracks time
and costs as Health Department staff members enter specific inspection and related information into the
system.
The health permit fee review process is intended to assess the department's financial balance, consider
inflationary aspects, and identify significant disparities between Vernon's fee revenue and program
implementation costs. In addition, the fees charged by the other local jurisdictions are evaluated. In the
past, we have strived to request fee adjustments at levels that provided full cost recovery, yet remained
slightly below those of other jurisdictions. Past requests resulted in having our health permit fees
increased by 5% in 2008, 5% in 2007, 7% in 2006, 8% in 2005, and 5% in 2004. No increases were
requested or adopted for 2009-10. And in 2010-11 most of the fees were increased slightly (3%) and some
fees were reduced.
I am forwarding a staff report for the City Council which includes:
1) 2011-12 Proposed Health Permit Fees — Program Costs vs. Revenue report which identifies each
health permit program and associated costs for 2009 and for 2010. The report also shows each
program's related current permit fee and proposed fee.
2) Fee comparison chart with other jurisdictions. The chart shows that, generally, other jurisdictions
consistently have higher fees. Please note that the City of Pasadena's Health Department has
received approval to increase health permit fees incrementally over the next two years to match
L.A. County fees.
3) March 2011 Consumer Price Index (CPI) — The Consumer Price Index for Los Angeles -
Riverside -Orange Counties indicates a 3.0% increase for the year ending March 2011.
FISCAL IMPACT:
Based on the information listed on the Program Costs vs. Revenue Report, reasonable fee levels have
been indicated in the column titled, Proposed FY 2011-12 Health Fee. Proposed Health Fee Notes
provide a justification for an increase or reasons for not changing the established fees. Overall very few
fees are being requested to be changed. Expected Total Revenue for FY 11-12 will increase slightly
because of the changes.
RECOMMENDATION:
I am requesting the City Council's approval of the health permit fees as indicated. I am also submitting
the attached material for the City Attorney's department review and preparation of a resolution to adopt
the new fees.
In accordance with Government Code 66018, which requires that the City follow the notice provisions in
Government Code 6062a, publication of notice will be arranged in the Vernon Sun. Proof of publication
will be forwarded separately.
Please let me know if you have any questions or need further information.
Attachments
XC: City Attorney
Lp/mydocs/admin/finance/health fees 2011-12 transmittal
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IL 3 a
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Vernon, at its meeting to be
held on Tuesday, May 17, 2011, at 9:00 a.m. in the Council Chambers of the City Hall, 4305
Santa Fe Avenue, Vernon, California 90058 will conduct a Public Hearing to consider:
A RESOLUTION ADJUSTING HEALTH PERMIT, ABOVEGROUND PETROLEUM
STORAGE TANK FEES PURSUANT TO SECTIONS 13.8, 13.57, 13.88 AND 24.12-4
OF THE VERNON CITY CODE.
The City of Vernon has established fees to recover its costs of administering and implementing
environmental health programs, including, but not limited to inspections, enforcement, and
administrative costs.
At the public hearing, the City Council will consider adjustments to existing fees. The City
Council will hear and consider all comments, and. may adopt the resolution. All interested
persons are invited to attend and speak on this matter. Written comments may also be submitted
and should be addressed to the City Council, c/o City Clerk, 4305 Santa Fe Avenue, Vernon,
California 90058. The comments should be received prior to the hearing date.
Please note that if you challenge the City Council's action in regards to this matter in court, you
may be limited to raising only the issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City, either at or prior to
the public hearing.
If there any questions regarding this notice, please contact Lewis Pozzebon, Health Officer of the
City of Vernon at (323) 583-8811. A copy of the proposed resolution is on file at the Office of
the City Clerk and can be reviewed by any interested person at 4305 Santa Fe Avenue, Vernon,
California 90058.
Lewis Pozzebon
Health Officer
Date:
[to be published May 5, 2011 and May 12, 2011]