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CC SR 20180320 01 - Fee Resolution for Hauling OrdinanceRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 03/20/2018 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action to adopt fees and a deposit for Earth Hauling Permit applications and Permit inspections. RECOMMENDED COUNCIL ACTION: (1) Conduct a public hearing and adopt Resolution No. 2018-_, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2010-77 TO AMEND THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES TO ADD AN EARTH HAULING PERMIT APPLICATION FEE AND AN EARTH HAULING PERMIT INSPECTION AND TESTING TRUST DEPOSIT. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Elias Sassoon, PE, Director of Public WorksAd REVIEWED BY: Same as above APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2018-_ (page A-1) B. Exhibit A — Amended Master Schedule of Fees and Charges (page B-1) EXECUTIVE SUMMARY Adoption of this resolution would set an earth hauling permit application fee of $50 and a trust deposit, in the initial amount of $250, for earth hauling permit inspection and testing services, pursuant to Ordinance No. 599, which the City Council will consider as a separate matter on tonight's agenda. BACKGROUND AND DISCUSSION: On tonight's agenda, the City Council was asked to adopt Ordinance No. 599 (the "Ordinance"), which establishes a permit requirement and associated regulations relating to earth hauling operations and the use of fill materials in the City. The Ordinance establishes a permit application fee ("Permit Application Fee"), in an amount to be set by resolution of the City Council, to cover the costs of processing earth 1 hauling permit applications. Under the Ordinance, "one -truck, one -trip" hauling operations are exempt from the Permit Application Fee. The Ordinance also requires all permitted hauling operations to establish a trust deposit with the City, in an amount set by resolution of the City Council, for payment of City's costs of conducting earth hauling permit inspections and testing, as authorized or required by the Ordinance. An initial deposit is to be made to cover the City's estimated costs of performing initial permit inspections. In the event the City's costs of conducting an initial permit inspection exceed the amount of the initial deposit, or if the City's inspector determines that additional permit inspections and/or testing are necessary pursuant to the Ordinance, the City may require the permit holder to replenish the deposit upon request from the Director, supported by documentation reflecting the direct costs to the City of providing the additional services. The City shall refund any unspent balance of the deposit to the permit holder upon completion of all inspections and testing pursuant to the Ordinance. The proposed resolution (Attachment A) would set the amounts of the fees established by the Ordinance pursuant to Government Code Section 66018. Prior to adoption of the proposed resolution, the City is required to conduct a public hearing, at which oral or written presentations can be made to the City Council. Notice of this public hearing has been given in the Daily Breeze on March 5 and March 12, 2018, in accordance with Government Code Section 66018. The Permit Application Fee would be set at a flat $50, based on an estimated one-half hour of Staff time at an hourly cost to the City of $100. As noted above, the Permit Application Fee would not apply to "one -truck, one -trip" hauling operations. The proposed resolution contains findings to the effect that the City does not have the personnel to provide the authorized or required permit inspection services, and therefore has retained an outside consultant (Sunbeam Consulting) to do so. Pursuant to the City's contract with said consultant, the City's cost of providing additional permit inspection services is $112 per hour. Based on this rate and an estimated 2.25 hours of inspector time to perform an average initial permit inspection, the proposed resolution would set the amount of the initial trust deposit at $250. The proposed resolution also contains a finding that the City does not have the personnel to conduct authorized or required testing services, and therefore will need to engage an outside entity to perform such testing. The City has contacted numerous testing providers, and based thereon, the City estimates that testing will generally cost between $500 and $1,000 per permit, depending on the type and nature of testing required. However, the cost of testing may fall outside of this range depending on the unique circumstances of a given permit. Staff anticipates that testing will not ordinarily be required, and as such, the costs of testing are not included in the initial trust deposit. The resolution thus establishes a Permit Application Fee of $50, where applicable, and a trust deposit in an initial amount of $250. In accordance with the Ordinance, permit 2 holders will be required to replenish the deposit when necessary for further inspection and testing upon request of the Director of Public Works. The amended Master Schedule of Fees and Charges for City Services is attached to the proposed resolution as Exhibit "A" (Attachment B) and would be approved by adoption of the resolution. Pursuant to Government Code Section 66019, the new fees and deposit would become effective 60 days after adoption of the Resolution. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Decline to adopt the proposed resolution, direct Staff to revise the proposed resolution, and agendize the revised resolution for re- consideration at the next City Council meeting. 2. Decline to adopt the proposed resolution and direct Staff to take no action this time. 9 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2010-77 TO AMEND THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES TO ADD AN EARTH HAULING PERMIT APPLICATION FEE AND AN EARTH HAULING PERMIT INSPECTION AND TESTING TRUST DEPOSIT WHEREAS, the City of Rancho Palos Verdes ("City") is a general law city and a political subdivision of the State of California; and, WHEREAS, the City conducted an extensive analysis of its services, the costs reasonably borne by the City in providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services for fiscal year 2008-2009; and, WHEREAS, after conducting a public hearing, the City adopted Resolution 2010- 77, thereby adopting a Master Schedule of Fees and Charges for City services (the "Master Fee Schedule"); and, WHEREAS, on March 20, 2018, the City adopted Ordinance No. 599 (the "Ordinance"), which added Chapter 12.06 to the Rancho Palos Verdes Municipal Code, establishing a permit requirement and associated regulations pertaining to certain earth hauling operations in the City; and, WHEREAS, the Ordinance provides for the City to charge a permit application fee (the "Permit Application Fee") to cover the City's costs of processing earth hauling permit applications; and, WHEREAS, the Ordinance provides that earth hauling permit applications which request to conduct hauling earth activity that is limited to a single trip undertaken by a single vehicle are exempt from the Permit Application Fee; and, WHEREAS, the Ordinance provides that the amount of the Permit Application Fee shall be established by resolution of the City Council; and, WHEREAS, the Ordinance also provides for earth hauling permit holders to pay the City's direct costs of performing earth hauling permit inspections and, when deemed necessary by the City, of conducting testing of fill materials to be used in the City, to the extent such inspections and testing are authorized or required by the Ordinance; and, WHEREAS, the Ordinance provides for earth hauling permit holders to make an initial trust deposit to the City, in an amount set by resolution of the City Council, to cover 01203.0006/432764.2 A-1 the City's direct costs of performing the initial permit inspections required pursuant to the Ordinance (the "Trust Deposit"); and, WHEREAS, the Ordinance provides that, in the event the City's actual costs of performing the initial permit inspection exceed the amount of the initial deposit, or in the event the City deems it necessary to perform further inspections and/or testing as authorized or required pursuant to the Ordinance, the permit holder shall be required to supplement or replenish the Trust Deposit to pay the additional costs; and, WHEREAS, pursuant to Section 66018 of the Government Code, the City prepared a notice of public hearing to be held on March 20, 2018, which included the time and place of the hearing and a general explanation of the matters to be considered at the public hearing, specifically the proposed addition of the Permit Application Fee and the Trust Deposit to the Master Fee Schedule (the "Notice of Hearing"); and, WHEREAS, the Notice of Hearing was published in the Daily Breeze on March 5, 2018 and March 12, 2018; and, WHEREAS, on March 20, 2018, the City Council conducted the duly -noticed public hearing concerning the proposed addition of the Permit Application Fee and the Trust Deposit to the Master Fee Schedule, at which it received testimony regarding the proposed fees; and, WHEREAS, the City Council now desires to amend the Master Fee Schedule to add the Permit Application Fee and the Trust Deposit pursuant to the Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does resolve as follows: Section 1: The facts set forth in the recitals of this Resolution are true and correct and are incorporated herein by reference as though set forth in full. Section 2: The City Council hereby makes the following findings: A. Adoption of this Resolution amending Resolution 2010-77 establishes fees relating to issuance of earth hauling permit applications and is, therefore, exempt from the California Environmental Quality Act (Public Resources Code Sections 21080 et seq.) pursuant to Public Resources Code Section 21080(b)(8)(A). B. The City estimates that processing an earth hauling permit application pursuant to Chapter 12.06 of the Rancho Palos Verdes Municipal Code ("RPVMC") will consume, on average, approximately one-half hour of staff time. The cost to the City of providing the relevant staff time is no less than $100.00 per hour. Therefore, a flat fee of $50.00 does not exceed the cost to the City of processing an earth hauling permit pursuant to Chapter 12.06 of the RPVMC. Resolution No. 2018 - Page 2 of 4 A-2 C. Given the uncertain nature of the City's direct costs of providing the permit inspection services and conducting the testing authorized or required by Section 12.06.070 of the RPVMC, use of a trust deposit for payment of such costs is necessary. D. The City does not have the personnel necessary or qualified to conduct the permit inspection services authorized or required by Section 12.06.070 of the RPVMC, and as such has entered into a contract with an outside consultant to provide such services. Pursuant to said contract, the City currently pays a contract rate of $112.00 per hour for such services. E. The City estimates that the initial permit inspection required by Section 12.06.070(A) of the RPVMC will consume, on average, approximately 2.25 hours of inspector time at the rate of $112.00 per hour pursuant to the above - referenced contract. Accordingly, the City estimates that an initial trust deposit amount of $250.00 will generally represent and not exceed the City's direct costs of performing an average initial permit inspection required by Section 12.06.070(A) of the RPVMC. F. The City does not have the personnel necessary or qualified to conduct the testing services authorized or required by Section 12.06.070 of the RPVMC, and as such will need to engage an outside consultant to provide such testing. The City has contacted numerous outside consultants to ascertain the costs of testing, and based thereon estimates that the average cost to conduct testing of a given sample of fill materials will generally be between $500 and $1,000, depending on the type and nature of testing required. However, the cost of testing could fall outside of the $500-$1,000 range depending on the circumstances. Section 3: The City Council hereby approves and adopts a flat permit application fee of $50.00 pursuant to Section 12.06.080(A)(1) of the RPVMC. Section 4: The City Council hereby approves and adopts a trust deposit, in the initial amount of $250.00, for payment of the City's actual costs of conducting permit inspections and testing pursuant to Section 12.06.080(B) of the RPVMC. The initial deposit is intended to cover the City's costs of performing initial permit inspections pursuant to Section 12.06.070(A) of the RPVMC. Notwithstanding the foregoing, in the event that the City's actual costs of performing the initial permit inspection pursuant to Section 12.06.070(A) exceed the amount of the deposit, or in the event the City's inspector deems it necessary to perform further permit inspections and/or testing pursuant to Section 12.06.070(B) -(C), the permit holder shall be required to supplement or replenish the deposit in accordance with Section 12.06.080(B)(3) of the RPVMC. Any unspent trust deposit balance shall be refunded to the permit holder upon the conclusion of all authorized or required permit inspections and testing pursuant to Section 12.06.080(B)(4) of the RPVMC. Resolution No. 2018 - Page 3 of 4 A-3 Section 5: The City Council hereby approves and adopts the amended Master Fee Schedule attached hereto as Exhibit "A", and hereby amends the relevant provisions of Resolution No. 2010-77 to adopt and incorporate the fees set by this Resolution into the Master Fee Schedule. Section 6: Any person paying a given fee who believes that any fee, charge or rate determined and set is in excess of the percentage of costs reasonably borne by the City may appeal in writing to the City Council. Section 7: This Resolution, including the amended Master Fee Schedule attached hereto as Exhibit "A," shall become effective 60 days after adoption of this Resolution. Section 8: The City Clerk shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and its certification to be entered in the Book of Resolutions of the City Council of the City. PASSED, APPROVED and ADOPTED this 20th day of March 2018. Mayor ATTEST: City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2018-, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on March 20, 2018. City Clerk Resolution No. 2018 - Page 4 of 4 A-4 Exhibit A CITY MASTER FEE SCHEDULE PUBLIC WORKS ADOPTED FEES EFFECTIVE 11/8/2010 PUBLIC WORKS GRADING PLAN REVIEW FOR PLANNING TRUST DEP. INSPECTIONS TRUST DEP. FINAL TRACT MAP REVIEW FOR PLANNING TRUST DEP. TENTATIVE TRACT MAP REVIEW FOR PLANNING TRUST DEP. ENCROACHMENT PERMITS - RESIDENTIAL IMPROVEMENT CURB CORE/DRAIN $50 PLUS A TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR CURB AND GUTTER $168 PLUS A TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR DRIVEWAY APPROACH $168 PLUS A TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR DUMPSTER $98 GUNITE RIG/STORAGE OR MECHANICAL EQUIPMENT $99 PLUS TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR. IF TRAFFIC CONTROL PLAN (TCP) IS REQUIRED, THERE WILL BE A TRUST DEPOSIT REQUIRED FOR REVIEW AND TCP INSPECTION COSTS. PARKWAY $168 PLUS A TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR SEWER LATERAL TIE-IN CONNECTION $187 PLUS A TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR SIDEWALK $168 PLUS A TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR UTILITY TRENCH OR FACILITY $187 PLUS TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR. IF TRAFFIC CONTROL PLAN (TCP) IS REQUIRED, THERE WILL BE A TRUST DEPOSIT REQUIRED FOR REVIEW AND TCP INSPECTION COSTS. MAILBOX $50 PLUS A TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR WALL $297 PLUS A TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR TRAFFIC CONTROL PLAN REVIEW TRUST DEP. TRAFFIC CONTROL- PRIVATE EVENT TRUST DEP. CELL SITE- INITIAL APPLICATION TRUST DEP. CELL SITE- MOCK UP TRUST DEP. CELL SITE- CONSTRUCTION TRUST DEP. BLOCK PARTY/PRIVATE EVENT TRUST DEP. PARKWAY TREE INSTALLATION, REMOVAL OR REPLACEMENT $193 PLUS TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR. IF TRAFFIC CONTROL PLAN (TCP) IS REQUIRED, THERE WILL BE A TRUST DEPOSIT REQUIRED FOR REVIEW AND TCP INSPECTION COSTS. NOTE: MINIMUM INITIAL DEPOSIT TO BE DETERMINED BY STAFF FOR ALL TRUST DEPOSITS. ALL CITY FEES MAY REQUIRE A TRUST DEPOSIT IN ADDITION TO LISTED FEES. TRUST DEPOSITS MAY BE USED TO PAY FOR SERVICES FROM THE CIN ATTORNEY, TRAFFIC COMMITTEE, NPDES CONSULTANT, CITY ENGINEER, CITY GEOLOGIST AND BIOLOGICAL CONSULTANT, AS SET FORTH IN RESOLUTION 2009-19. Page 1 of 2 ✓ 1 Exhibit A CITY MASTER FEE SCHEDULE PUBLIC WORKS cont'd RESOLUTION NO. 2010-15 AMENDING RESOLUTION 2010-77 TO ADOPTED FEE ADD OVERSIZED VEHICLE PERMIT PARKING FEE EFFECTIVE 3/2/2010 OVERSIZE VEHICLE PERMITS OVERSIZED VEHICLE INITIAL PERMIT $50 OVERSIZE VEHICLE RENEWAL PERMIT $30 OVERSIZE VEHICLE GUEST PERMIT $50 RESOLUTION 2018- AMENDING RESOLUTION 2010-77 TO ADD AN EARTH HAULING PERMIT ADOPTED FEES APPLICATION FEE AND AN EARTH HAULING PERMIT INSPECTION AND TESTING TRUST DEPOSIT EFFECTIVE 3/20/2018 EARTH HAULING PERMIT EARTH HAULING INITIAL FEE $50 PLUS ATRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR TRUST DEP. (INITIAL TRUST DEPOSIT OF $250) SINGLE TRIP, SINGLE VEHICLE (100% FEE WAIVER) NO COST RESOLUTION NO. 2016-31 AMENDING RESOLUTION 2010-77 TO ADOPTED FEE ADD A NEW SPECIAL EVENT PERMIT FEE EFFECTIVE 9/19/2016 SPECIAL EVENT PERMIT APPLICATION FEE $300 LOCAL NON -PROFITS (ORGANIZATIONS WITH 90274 OR 90275 ZIP CODES) 50% FEE WAIVER $150 RPV HOAS (100% FEE WAIVER) NO COST INDIGENT PERSONS (100% FEE WAIVER) NO COST RESOLUTION NO. 2016-31 AMENDING RESOLUTION 2010-77 TO OMIT REFERENCE TO BLOCK PARTIES ADOPTED FEE EFFECTIVE 9/19/2016 BLOCK PARTY/PRIVATE EVENT NO CHARGE OTHER: ADDITIONAL SERVICES FOR WHICH A FEE HAS NOT BEEN ESTABLISHED SHALL BE CHARGED AT THE CITY'S FULLY BURDENED HOURLY RATE. Page 2 of 2 B-2