CC RES 2018-015 RESOLUTION NO. 2018-15
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
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. 2018-15
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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(6)(4) of the RPVMC.
Resolution No. 2018-15
Page 3 of 4
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.
/44-15-k ,
Mayor
ATTEST:
41•16
��l��Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Ran ho Palos Verdes, hereby certify that
the above Resolution No. 2018-15, was duly and reg; larly passed and adopted by the
said City Council at a regular meeting thereof held on .rch 20, 2018.
City y Clerk
Resolution No. 2018-15
Page 4 of 4
RESOLUTION NO. 2018-15
Exhibit A
CITY MASTER FEE SCHEDULE
R
BLOC Wa.KS.
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 PUBUC 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 PUBUC 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 PUBUC 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 CITY ATTORNEY,TRAFFIC COMMITTEE,NPDES CONSULTANT,CITY ENGINEER,CITY GEOLOGIST AND BIOLOGICAL CONSULTANT,AS SET FORTH IN RESOLUTION 2009-19.
Resolution No.2018-15
Exhibit A
Page 1 of 2 Page 1 of 2
RESOLUTION NO. 2018-15
Exhibit A
CITY MASTER FEE SCHEDULE
,, PUBLIC Y110!�K�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 2018-15 AMENDING RESOLUTION 201047 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 A TRUST DEPOSIT FOR PUBLIC WORKS INSPECTOR TRUST DEP.(INITIAL TRUST DEPOSIT OF$250)
NO COST
SINGLE TRIP,SINGLE VEHICLE(100%FEE WAIVER)
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.
Resolution No.2018-15
Page 2 of 2 Exhibit A
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