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Section 2 <br />Board Resolution No. 17-131 <br />RESOLUTION OF THE BOARD OF SUPERVISORS OF <br />ORANGE COUNTY, CALIFORNIA <br />October 31, 2017 <br />WHEREAS, OC Materials Laboratory (David Dixon Memorial Materials Laboratory) provides <br />geotechnical engineering, engineering geology, and pavement analysis as well as acceptance testing, <br />quality assurance of construction materials for capital project programs, maintenance programs, and <br />development activities for the County of Orange and other eligible agencies that may seek OC Materials <br />Lab assistance; and <br />WHEREAS, OC Materials Laboratory fees are currently governed by Resolution 93-1399, effective as of <br />February 14, 1994, which set an hourly base rate of $69 an hour. And, in a memo dated September 19, <br />2000, the Materials Laboratory updated the test rates based on changes in testing procedures/test times, <br />but continued to use the $69 an hour base rate from Resolution 93-1399; and <br />YMT EAS, the Materials Laboratory has updated the test times due to new technological enhancements. <br />OC Public Works' Finance used the new test times and the classification hourly rate for all direct labor <br />cost. For the proposal rate, the classification hourly rate includes the employee's average roster hourly <br />rate, burden rate, and overhead rate; and <br />WHEREAS, the Board of Supervisors has conducted a duly notice public hearing pursuant to California <br />Government Code Section 66018 on October 31, 2017, to consider the proposed fee modifications. <br />NOW, THEREFORE, BE IT RESOLVED that this Board does hereby: <br />1. Find that the adoption of the Resolution approving the proposed fee schedule is Statutorily <br />Exempt from the provisions of CEQA pursuant to Section 15273(a)(1) and (a)(2) of the <br />CEQA Guidelines for the establishment or modification of rates, fees, and charges which are <br />for the purpose of meeting operating expenses, including employee wage rates and fringe <br />benefits and purchasing or leasing supplies, equipment, or materials. <br />2. Approve and adopt the Materials Laboratory Testing Fee Program attached hereto as Exhibit <br />1. <br />3. Find that the fees contained in the Materials Laboratory Testing Fee Program established <br />pursuant to this Resolution meet the requirement set forth in subdivision (e)(1), (e)(2) and/ <br />or(e)(3), as applicable, of Section I Article XIII C of the California Constitution, and are <br />therefore exempt from the definition of a tax as used therein. <br />4. Find that the revenue resulting from the Materials Laboratory Testing Fee Program <br />established pursuant to this Resolution will not exceed the estimated reasonable costs to <br />provide the services and that the costs of providing these services are reasonably allocated <br />among the fees established hereby. <br />BE IT FURTHER RESOLVED that effective January 1, 2018, this Board hereby establishes the OC <br />Public Works Materials Laboratory Testing Fee Program as shown in Exhibit 1, and thereby rescinds <br />Resolution 93-1399. <br />BE IT FURTHER RESOLVED that the OC Public Works Materials Laboratory Fee Program schedule <br />includes a fee category for time and materials. For time and material charges, applicants will be charged <br />by the hour, or fraction thereof. For the classifications performing the services at the following rates, <br />which in include a multiplier to the base salary for full cost recovery. <br />Resolution No. 17-131. Item No. 36 <br />Materials laboratory Fee Schedule Page 1 of 10 <br />