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Home My WebLink About10 WASTE MGMNT FEES 11-17-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: NOVEMBER 17, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF RESOLUTION NO. 03-128 SETTING THE FEES RELATED TO CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLANS SUMMARY The City Council approved Ordinance 1281 on October 20, 2003, amending the Tustin City Code by adding Section 432'7 requiring the submittal of waste management plans prior to the issuance of building and demolition permits. The approved ordinance allows the collection of fees to cover City costs and requires the fees to be set by City Council resolution. Resolution No. 03-128 proposes to set the application fee at $50 per submittal and the appeal fee at $500, RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 03-128 setting the Waste Management Plan application fee at $50 for each submittal and the appeal fee at $500. FISCAL IMPACT The Building Official estimates that approximately 30 permit applicants per year out of 1,500 will be required to submit a Waste Management Plan and pay the proposed application fee. It is uncertain how many appeals would be filed. BACKGROUND In order to assist with City compliance of the fifty percent diversion requirements of AB-939, the City Council adopted Ordinance 1281 on October 20, 2003. This ordinance added Section 4327 to the Tustin City Code and requires the diversion of fifty percent of waste generated by all construction and demolition projects valued in excess of $50,000. In addition, all projects valued at over $100,000 are required to submit a Waste Management Plan and receive approval, prior to the issuance of a building or demolition permit. The ordinance allows the collection of a fixed fee at the time of submittal of a Waste Management Plan and the collection of a deposit of $50 per ton for the estimated volume of waste generated by a project. Staff is proposing to set the fixed application fee at $50 for each Waste Management Plan submittal. Staff believes the fee is minimal based on a one hour estimate for staff review and processing time for each plan submitted. Several staff members will be involved in the review process. Community Development counter staff will handle plan submittal. The Building Official will perform an initial assessment of the plan and forward the plan to the Public Works Department for final review. The Public Works Department will then send the plan with comments back to the Building Official for final approval or require further action by the project applicant. Approval of Resolution 03-128 Setting the Fees Related to Construction and Demolition Waste Management Plans November 17, 2003 Page 2 At the conclusion of a project, if the Building Official finds that the project applicant has not complied with the applicant's approved Waste Management Plan and that the applicant has not made a good faith effort to do so, some or all of the applicant's deposit could be forfeited to the City. If the applicant disagrees with the Building Official's determination, the applicant may file an appeal with the Public Works Director. The ordinance requires the applicant to pay an appeal fee to the City and states that this fee is set by City Council resolution. Staff is proposing to set the appeal fee at $500 based on the hourly cost of staff time likely to be required to process an appeal. An estimate of staff time that is required to conduct an investigation and issue a final determination is as follows: City Staff Position Public Works Director City Attorney/Paralegal Building Official Building Inspector Building Technician Public Works Administrative Services Manager Clerical TOTAL STAFF HOURS Estimated # Estimated Hourly Estimated of Houm Cost Cost 1.5 $84 $126 1 $125 $125 1 $65 $65 2 $38 $76 .5 $30 $15 2 $52 $104 .5 $30 $15 8.0 $526 In conclusion, staff recommends adoption of Resolution No. 03-128 setting the Waste Management Plan application fee at $50 for each required plan submittal and $500 for each appeal. 'irecto[t~f Public Works/C~ty Engineer JA°de~~anage-~ Public Works Department TDS:JM:ccg:Approval of Reso. 03-128 Waste Management Plan Fee.doc. Attachment: Resolution 03-128 RESOLUTION NO. 03-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, SETTING THE FEE FOR SUBMITTAL AND REVIEW OF A WASTE MANAGEMENT PLAN WHEREAS, the City of Tustin City Council adopted Ordinance 1281 on October 20, 2003, requiring the submittal and approval of a Waste Management Plan for certain building and demolition projects, and WHEREAS, Ordinance 1281 requires the payment of an application fee at the time of Waste Management Plan submittal, and WHEREAS, Ordinance 1281 requires the payment of a fee to appeal the Waste Management Plan compliance determination by the Building Official, and WHEREAS, the State of California, through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), Public Resources Code §§ 40000 et seq., allows a city to impose fees in amounts sufficient to pay the costs of implementing Waste Management Plans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin, California, does hereby authorize the Building Official to collect a fee of fifty ($50) dollars for each Waste Management Plan application submitted to the Building Official and five hundred ($500) dollars for each applicant appeal filed in accordance with Ordinance 1281. PASSED AND ADOPTED at a regular meeting of the Tustin City Council on the 17th day of November 2003. ATTEST: Tracy Worley Hagen, Mayor City Clerk