City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends City Council approve the amendment to the Certified Unified
Program Agency (CUPA) Hazardous Materials Disclosure Program increasing the
late penalty for permit fees from 25 to 40 percent. TheCUPA 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.
BACKGROUND:
Since 1993 the Unified Hazardous Waste & Hazardous Materials Management
Regulatory Program (Unified Program) has required administrative consolidation of
six hazardous materials and waste programs under one agency, CUPA. The
elements consolidated under CUPA are Hazardous Waste Generator and Onsite
Hazardous Waste Treatment Programs; Aboveground Petroleum Storage Tank Spill
Prevention Control and Countermeasure Plans; Hazardous Materials Release
Response Plans and Inventory Program; California Accidental Release Prevention
Program (Cal ARP); Underground Storage Tank Program; and Uniform Fire Code
Plans and Inventory Requirements.
Under CUPA, every business that handles more than a certain amount of hazardous
materials is required to report its inventories of hazardous materials to the local fire
department. Fees are assessed on the quantity of hazardous materials stored.
Businesses that do not handle reportable amounts of hazardous materials are
required to certify the fact. Failure to submit required forms may result in fines,
penalties, and/or other administrative fees.
Meeting Date: October 9, 2006 Item Number: A-5
AGENDA ITEM: Approval of an Amendment to the Agreement Between the
Consolidated Fire Protection District of Los Angeles County and the City of
Culver City for Administration of the Unified Hazardous Waste and Materials
Management Regulatory Program increasing CUPA Hazardous Materials
Disclosure Program Late Penalty Fee from 25 to 40 percent.
Contact Person/Dept.:
Fire Marshal Rich Gallagher
Phone Number: 310-253-5926
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Master Notification List (10/4/06)
Department Approval:
Fire Chief Jeff Eastman (9/28/06)
City Manager Approval:
Jerry Fulwood (10/2/06)
City Controller Approval:
Marlee Chang (10/2/06)City of Culver City, California
City Council Agenda Item Report
DISCUSSION:
The CUPA 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. This increase will serve to encourage timely
payment of assessed fees, and recover the increased costs of collection for
delinquent accounts.
CUPA provides annual consolidated permit fee billings for all facilities falling under
the Unified Program. As a participating agency under the Los Angeles County
Unified Program, the current Participating Agency Agreement requires approval of
the attached Amendment with the revised penalty rate. Once all of the signed
Amendments are received from each of the participating agencies, the new
Agreement will be sent to the Board of Supervisors for signature. An original signed
Agreement will be returned to Culver City and one will be retained by the Board of
Supervisors.
This Amendment to the agreement between the Consolidated Fire Protection District
of Los Angeles County and the City of Culver City for administration of the Unified
Hazardous Waste and Materials Management Regulatory Program will increase
penalty fees from 25 to 40 percent effective upon the date the amendment is fully
executed by both parties referenced above.
FISCAL ANALYSIS:
It is difficult to estimate the potential revenue increase from this fee amendment.
Based on the historical trend, the increase penalty fee from 25 to 40 percent could
generate approximately $15,000.
ATTACHMENTS:
Exhibit A – Cover Letter from the County of Los Angeles dated August 23, 2006,
Re; Amendment to Participating Agency Agreement
Exhibit B - Amendment; Amendment No. 1 to the Agreement Between the
Consolidated Fire Protection District of Los Angeles County and
the City of Culver City for Administration of the Unified Hazardous
Waste and Materials Management Regulatory Program.City of Culver City, California
City Council Agenda Item Report
MOTION:
That the City Council:
1. Approve the Amendment to the Agreement Between the Consolidated Fire
Protection District of Los Angeles County and the City of Culver City for
Administration of the Unified Hazardous Waste and Materials Management
Regulatory Program increasing late payment penalty from 25 to 40 percent; and
2. Authorize the Mayor to sign the amendment.
10/9/06
Consideration to Approve an Amendment to the Agreement
Between the Consolidated Fire Protection District of Los Angeles
County and the City of Culver City for Administration of the
Unified Hazardous Waste and Materials Management Regulatory
Program increasing CUPA Hazardous Materials Disclosure
Program Late Penalty Fee from 25 to 40 Percent.
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages
1. County of Los Angeles letter Fire Chief Jeffrey Eastman dated 8/23/06; 1-2
AMENDMENT TO PARTICIPATING AGENCY AGREEMENT.
2. Amendment;
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_ AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE
CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES
COUNTY AND THE CITY OF CULVER CITY FOR ADMINISTRATION
OFTHE UNIFIED HAZARDOUS WASTE AND MATERIALS
AL4NAGEMENT REGULATORY PROGRAM.COUNTY OF LOS ANGELES C,C.F.D. REM BY
FIRE DEPARTMENT
1320 NORTH EASTERN AVENUE
LOS ANGELES, CALIFORNIA 90063-3294
(323) 881-2401
II SEP 06
O9 59
P. MICHAEL FREEMAN
FIRE CHIEF
FORESTER & FIRE WARDEN
August 23, 2006
Fire Chief Jeffrey Eastman
Culver City Fire Department
9770 Culver Blvd
Culver City, CA 90232
Dear Chief Eastman:
AMENDMENT TO PARTICIPATING AGENCY AGREEMENT
Commencing with Fiscal Year 2005-06, the Board of Supervisors approved an increase in the
late payment penalty amounts for permit fees related to the Unified Program. The late
payment penalty increased from 25% to 40% of the permit fee to further encourage timely
payment and recover the increased costs of collection for delinquent accounts. The
Participating Agency (PA) Agreement with your City specifies the original 25% penalty rate
and will need to be amended with the revised penalty rate.
Enclosed are two copies of the PA Agreement with the appropriate amendments reflecting
this change. This is the final version of the amendment for adoption by your City Council.
Please submit the amendment to your City Council for signature and return the signed
Agreements to Lance Ralston, Hazardous Materials Control Manager, at the following
address:
Los Angeles County Fire Department
Health Hazardous Materials Division
Administration/Planning Section
5825 Rickenbacker Rd.
Commerce, CA 90040
Once all of the signed amendments have been collected from each PA, the new Agreements
will be sent to the Board of Supervisors for signature. An original signed Agreement will be
returned to you and one retained by the Board of Supervisors.
SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF:
AGOURA HILLS CALABASAS DIAMOND BAR HIDDEN HILLS LA MIRADA MALIBU POMONA SIGNAL HILL
ARTESIA CARSON DUARTE HUNTINGTON PARK LA PUENTE MAYWOOD RANCHO PALOS VERDES SOUTH EL MONTE
AZUSA CERRITOS EL MONTE INDUSTRY LAKEWOOD NORWALK ROLLING HILLS SOUTH GATE
BALDWIN PARK CLAREMONT GARDF_NA. INGLEWOOD LANCASTER PALMDALE ROLLING HILLS ESTATES TEMPLE CITY
BELL COMMERCE GLENDORA IRWINDALE LAVVNDALE PAWS VERDES ESTATES ROSEMEAD WALNUT
BELL GARDENS COVINA HAWAIIAN GARDENS LA CANADA FLINTRIDGE LOMITA PARAMOUNT SAN DIMAS WEST HOLLYWOOD
BELLFLOWER CUDAHY HAWTHORNE LA HABRA LYNWOOD PICO RIVERA SANTA CIARITA WESTLAKE VILLAGE
BRADBURY WHITTIERFire Chief Jeffrey Eastman
August 23,2006
Page 2
If you have any questions, please contact William Jones, Chief, Health Hazardous Materials
Division, at (323) 890-4042.
Very truly ours,
ICHAEL FRE
PMF:yh
Enclosure
c: Christine Parra, Culver City Fire DepartmentC
AMENDMENT NO. 'I TO THE AGREEMENT BETWEEN THE CONSOLIDATED FIRE
PROTECTION DISTRICT OF LOS ANGELES COUNTY AND THE CITY OF CULVER
CITY FOR ADMINISTRATION OF THE UNIFIED HAZARDOUS WASTE AND
MATERIALS MANAGEMENT REGULATORY PROGRAM
This Amendment No. Ito 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 Culver City
(hereinafter "City"), shall be effective upon the date it is fully executed by both parties
hereinbelow.
WITNESSETH:
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
"CalEPA") 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|101010101010 10
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25WHEREAS, the Los Angeles County Consolidated Fire Protection District has
been designated by the Board of Supervisors and certified by the CalEPA as the CUPA
for the County of Los Angeles (hereinafter "LACoCUPA"); and
WHEREAS, the LACoCUPA and the City have entered into an agreement to
administer the Unified Program; and
.WHEREAS- ,-tha --141-CoCUPA 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 LACoCUPA 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 LACoCUPA 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.
NOW THEREFORE THE PARTIES HERETO AGREE:
1. To amend Section V, Single Fee System, by deleting the current language in its
entirety and inserting the following:
A. 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
Implementation Plan.
B. The LACoCUPA shall administer the fee collection system in conjunction
with the City. The City shall notify the LACoCUPA of its program costs that have been
adopted by City resolution/ordinance by May 1 5t of each year, or by another date|10101010101010 10
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25mutually 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|101010101010|the LACoCUPA, the City shall make available for the LACoCUPA to review, all
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applicable records regarding its fees, collections, transfers and retentions by the City.
a C. The LACoCUPA shall bill each facility annually for each fiscal year. The
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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
LACoCUPA 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 60'h 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 business 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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251 E. For partial payments from facilities, the LA County Fire, Financial
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Management Division (the "FMD") will apportion the payments to the LACoCUPA, the
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City and the State based on the proportionate amount due to each agency.|109| F. Through a Notice of Enforcement ("NOE") issued to those facilities, the
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LACoCUPA will impose a single 40% late payment penalty, effective beginning with the
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Fiscal Year 2005-06, on each facility that fails to pay the appropriate fee within the
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prescribed time. The LACoCUPA will communicate to the City a list of those facilities
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that are issued a NOE. LACoCUPA will remit penalty amounts assessed and collected
9 on fees for Program Elements administered by the City to the City no later than the 60th
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day after the month the revenue is received and posted to the facility's account by the
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LACoCUPA. Each agency responsible for the specific Program Element will absorb the
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costs associated with persons regulated under the Unified Program who do not pay the
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required fees.
14 G. The LACoCUPA may take appropriate collection and/or legal action
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available under State H&SC and/or under County Fee Ordinances against facilities that
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have failed to pay the appropriate fees. Any costs incurred for such actions will be
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shared based on the proportionate amount due each agency. If the City chooses to
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pursue legal action against such facilities, judgments shall attempt to recover all fees
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and penalties as authorized by law and not just City fees. The City shall notify the
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LACoCUPA in writing in advance of all legal actions and obtain written Agreement from
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the LACoCUPA on any decisions regarding settlements.
22 H. The LACoCUPA shall transmit to the Secretary all collected State
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surcharge revenues within 30 days of the end of each State fiscal quarter.
24 I. The Board of Supervisors for the County of Los Angeles shall adopt the
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City's fee schedules for Program Elements administered by the City and which havebeen adopted through City resolution/ordinance within the restrictions of H&SC Chapter
6.11 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 Council has adopted the fees and if the fees comply with the LACoCUPA fee
accountability program in Section VI below.
J. The LACoCUPA 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.
2. All other terms of the Agreement shall remain in full force and effect unless
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25IN WITNESS WHEREOF, 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 CITY OF CULVER CITY
DISTRICT OF LOS ANGELES COUNTY
By By Mayor, Board of Supervisors, acting
Mayor
as the Board of Directors of the
Consolidated Fire Protection District
Of Los Angeles County
Date Date
ATTEST ATTEST
Sachi Hamai
Executive Office — Clerk of the
Board of Supervisors
By
By City Clerk
APPROVED AS TO FORM:
By Byk.
Deputy ity Attorney
Deputy
APPROVED AS TO FORM:
RAYMOND G. FORTNER, JR.
County Counsel|1010101010101010 10
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