HomeMy WebLinkAboutResolution No. 06-6946 - Approve amend. to City Council agmt. for haz-mat penalty feesRESOLUTION NO. 06-6946
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
AMENDMENT NO. 1 TO THE CITY-COUNTY AGREEMENT FOR HAZARDOUS
MATERIALS PENALTY FEES.
WHEREAS, the State of California has enacted regulations relative to the storage, use
and reporting of hazardous materials; and
WHEREAS, the County of Los Angeles is responsible for the administrative oversight of
the countywide hazardous materials disclosure program; and
WHEREAS, the City-County Agreement covers the costs for penalty charges when
businesses fail to pay or properly report their hazardous materials inventory; and
WHEREAS, the City is required to approve all fees charged by the Fire Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. To adopt Amendment No. 1 to the City-County Agreement, a copy of
which is attached hereto and incorporated as Exhibit “A”.
SECTION 2. To authorize the Mayor to execute the Agreement necessary to complete
the amendment process.
[SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10TH day of October, 2006.
Mg\wiLd.Rom
MEREDITH H. PERKINS, Mayor
ATTEST:
%laarOW.
KATHLEEN L. MIDSTOKKE, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 10th day of October, 2006, by the following
vote, to wit:
AYES: 5 Council Members: Bayer, Cartozian, Gafin, Trejo, Mayor PerkinsNOES: 0 Council Member: None
ABSENT: 0 Council Member: None
ABSTAIN: 0 Council Member: None
[
KATHLEEN L. MIDSTOKKE, City Clerk
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1 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CONSOLIDATED FIRE
PROTECTION DISTRICT OF LOS ANGELES COUNTY AND THE CITY OF DOWNEY
FOR ADMINISTRATION OF THE UNIFIED HAZARDOUS WASTE AND MATERIALS
MANAGEMENT REGULATORY PROGRAM
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6 This Amendment No. 1 to the December 17, 1996 Agreement for the
administration of the Unified Hazardous Waste and Materials Management Regulatory
Program (hereinafter “Amendment") by and between the Consolidated Fire Protection
District of Los Angeles County (hereinafter “County”) and the City of Downey
(hereinafter “City”), shall be effective upon the date it is fully executed by both parties
hereinbelow.
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WITNESS ETH:
WHEREAS, SB 1082, now codified into the California Health and Safety Code
(hereinafter “H&SC") at Division 20, Chapter 6.11, commencing with Section 25404,
was enacted to consolidate, coordinate and make consistent hazardous materials and
hazardous waste management programs; and
WHEREAS, H&SC, Division 20, Chapter 6.11, commencing with Section 25404,
required the Secretary of the California Environmental Protection Agency (hereinafter
“CaJEPA”) to develop and implement a unified hazardous waste and hazardous
materials management regulatory program (hereinafter “Unified Program”), including the
application review and certification of counties and cities, as Certified Unified Program
Agencies (hereinafter “CUPA") to implement the Unified Program; and
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1 WHEREAS, the Los Angeles County Consolidated Fire Protection District has
been designated by the Board of Supervisors and certified by the CaIEPA as the CUPA
for the County of Los Angeles (hereinafter “LJ\CoCUPA'’); and
WHEREAS, the LACoCUPA and the City have entered into an agreement to
administer the Unified Program; and
WHEREAS, the LACoCUPA provides annual consolidated permit fee billings for
all facilities falling under the Unified Program, including those program elements
administered by the City, under the provisions of the single fee system mandated by the
Unified Program; and
WHEREAS, the LJ\CoCUPA has increased the late payment penalty provisions,
with the approval of the Board of Supervisors, beginning with Fiscal Year 2005-06, to
recover the additional costs of fee collection; and
WHEREAS, the LJ\CoCUPA meets with the City each year to establish a
mutually agreeable date to accept billing information and generate annual permit fee
invoices for facilities falling under the program elements administered by the City.
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NOW THEREFORE THE PARTIES HERETO AGREE:
To amend Section V, Single Fee System, by deleting the current language in its
entirety and inserting the following:
The LACoCUPA and City shall implement a Single Fee System in
accordance with H&SC Section 25404(d); Section 15210, Title 27, CCR and the
1.
A.
Implementation Plan.
The LACoCUPA shall administer the fee collection system in conjunction
with the City. The City shall notify the LJ\CoCUPA of its program costs that have been
adopted by City resolution/ordinance by May 1 st of each year, or by another date
B.
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1 mutually agreed upon by both parties, in accordance with Section VI below and the
guidelines established by the fee accountability program in the MOU referenced in
Section III above. The City shall provide to the LACoCUPA, a list of facilities and the
appropriate fees for each Program Element(s) being implemented by the City using
mutually agreeable electronic transfer protocols where appropriate. Upon request by
the LACoCUPA, the City shall make available for the LACoCUPA to review, all
applicable records regarding its fees, collections, transfers and retentions by the City.
C. The LJ\CoCUPA shall bill each facility annually for each fiscal year. The
LACoCUPA shall include in the billing package a summary sheet itemizing costs
associated with each Program Element, including those costs for the City and the
annual State Surcharge Fee. Each facility shall pay the LACoCUPA all costs for
Program Elements delineated in the fee billing statement. Each facility shall pay the
LJ\CoCUPA the full amount due within 30 calendar days from the date of the invoice. A
facility may elect to pay at least one half of the total amount due within 30 days of the
invoice date and the remaining balance in full no later than 60 days after the invoice
date. Upon receipt of full payment, a LACoCUPA consolidated permit shall be issued to
the facility by the LACoCUPA.
D. The LACoCUPA shall transmit all monies collected for the City no later
than the 60th day after the month the revenue is received and posted to the facility's
account. Each transmittal of monies to the City shall include an itemized listing of fees
paid and the corresponding bOsiness names and site addresses. Where feasible and
appropriate, the LACoCUPA shall transmit monies electronically to the City, using
mutually agreeable electronic transfer protocols for the wire transfer of funds.
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E. For partial payments from facilities, the LA County Fire, Financial
Management Division (the “FMD”) will apportion the payments to the LACoCUPA, the
City and the State based on the proportionate amount due to each agency.
F. Through a Notice of Enforcement (“NOE”) issued to those facilities, the
LACoCUPA will impose a single 40% late payment penalty, effective beginning with the
Fiscal Year 2005-06, on each facility that fails to pay the appropriate fee within the
prescribed time. The LJ\CoCUPA will communicate to the City a list of those facilities
that are issued a NOE. LACoCUPA will remit penalty amounts assessed and collected
on fees for Program Elements administered by the City to the City no later than the 60 a1
day after the month the revenue is received and posted to the facility’s account by the
LACoCUPA. Each agency responsible for the specific Program Element will absorb the
costs associated with persons regulated under the Unified Program who do not pay the
required fees.
G. The LY\CoCUPA may take appropriate collection and/or legal action
available under State H&SC and/or under County Fee Ordinances against facilities that
have failed to pay the appropriate fees, Any costs incurred for such actions will be
shared based on the proportionate amount due each agency. If the City chooses to
pursue legal action against such facilities, judgments shall attempt to recover all fees
and penalties as authorized by law and not just City fees. The City shall notify the
LACoCUPA in writing in advance of all legal actions and obtain written Agreement from
the LACoCUPA on any decisions regarding settlements.
H. The LJ\CoCUPA shall transmit to the Secretary all collected State
surcharge revenues within 30 days of the end of each State fiscal quarter.
I. The Board of Supervisors for the County of Los Angeles shall adopt the
City’s fee schedules for Program Elements administered by the City and which have
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been adopted through City resolution/ordinance within the restrictions of H&SC Chapter
611 and which includes the methodology that defines how the fees are calculated. The
Board's adoption will establish the city fee schedule within the LACoCUPA’s Single Fee
System and will authorize the Los Angeles County Fire Chief (the “Fire Chief’) to collect
fees for the LACoCUPA and to administratively accept the City’s adjusted fee amounts
no more than once per year. The Fire Chief will only adjust the City’s new fees if the
city Coun(..,iI has adopted the fees and if the fees comply with the LACoCUPA fee
accountability program in Section VI below.
J. The L),CoCUPA will seek further approval from the Board of Supervisors
only if necessary for the LACoCUPA to adjust its portion of the fee or if the LACoCUPA
or city wishes to change their fee calculation methodologY.
K. The city will be able to bill and collect all non-recurring fees for direct
deposit into its accounts. These may include such items as one time permit fees
associated with new businesses.
L. Businesses recognized as nonprofit corporations by the United States
Internal Revenue Service may be fee exempt'
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2.–AIRwle}16fMs–ollha–Agreement-shall remain in fuH4ore&and effect unless
terminated by either party pursuant to the terms of the Agreement.
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IN WiTNESS WHEREOF1 this Amendment has been exercised bY each partY on
the day and year written below, and is effective and operative upon the date that it is
fully exercised by both parties, whichever date of execution bY either partY is later-
CONSOLIDATED FIRE PROTECTION
DISTRICT OF LOS ANGELES COUNTY
CITY OF DOWNEY
., M*# ;L.LI.k
MayorMeredith H
aB
By aMm
Of Los Angeles County
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DateDateaITi-g
i A1–rEST
Sachi Hamai
ArrEST
Executive Office – Clerk of the
Board of Supervis9rs
', f4%eRP' +HoW;
Katllleal L. MidstQkke
APPROVED AS TO FORM:
By
D9p6ty
APPROVED AS TO FORM:
RAYMOND G. FORTNER, JR.
County Counsel
bmBJniUP£Rvr@
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Lz„i_4:
OCT 1 7; 2006