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Home My WebLink AboutCC AG PKT 2010-11-08 #M AGENDA STAFF REPORT DATE: November 8, 2010 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Mark Persico, AICP, Director of Development Services SUBJECT: PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE SEAL BEACH MUNICIPAL CODE TITLE 9 (PUBLIC PROPERTY, PUBLIC WORKS AND BUILDING REGULATIONS) CHAPTER 9.65 (RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE) ORDINANCE NO. 1601 AND ADOPTION OF A RESOLUTION NO. 6077 ESTABLISHING PROGRAM FEES SUMMARY OF REQUEST: That the City Council conduct a public hearing to consider Ordinance No. 1601 an amendment to the Seal Beach Municipal Code Title 9 (Public Property, Public Works and Building Regulations) Chapter 9.65 (Recycling and Diversion of Construction and Demolition Waste) and adopt Resolution No. 6077 setting fees for the program. BACKGROUND AND FACTS: The City Council adopted the current waste diversion ordinance (Ordinance 1578) on July 28, 2008. The goal of the Ordinance is to encourage homeowners, builders and contractors to recycle and reuse construction debris to reduce the amount of waste going to landfills. The Ordinance has been very effective in diverting waste and thereby extending the useful life of landfills. There is however one limitation that staff has encountered in implementing the Ordinance. The Ordinance requires payment of fees comprised of two amounts: a refundable deposit and an administrative fee. The deposit is returned to the applicant after the project is completed and they are able to demonstrate that at least 50% of the construction debris has been diverted landfills. Under the current Code in order to obtain the refund applicants must submit the required documentation within thirty (30) days of the construction project being "finalized" by the Building Division. For smaller scale projects such as room additions and minor interior remodels thirty (30) days is a reasonable timeframe. But for new homes or significant remodels, Agenda Item M Page 2 submitting the paperwork in thirty (30) days can be challenging for the homeowner or contractor. This is due to the fact that the building division can sign -off on the final building permit, without all of the final details being completed. For instance a building can be approved for occupancy before all the painting is completed, floor coverings are installed or interior and exterior details are completed. So the building permit is final, but the contractor is still working to complete the final list of touch -up items. Before the homeowner or contractor realizes it the thirty (30) day deadline has passed; and they cannot get a refund even though they complied with the ordinance in every other way. Staff is suggesting that the deadline to submit a refund request be extended to one hundred eighty (180) days after the building permit is "finalized" and signed off by the Building Division. This allows the contractor or homeowner to complete all of the work and then request a refund of the construction and demotion fees. The fee resolution will ratify the construction and demotion fee. As noted previously, the fee consists of two parts: a refundable fee and an administrative fee. The refund amount is set high enough to encourage participation in the diversion program and the administrative fee is designed to cover staff costs. The recommended amount of the refundable fee is $1.00 per square foot of building area, up to a maximum of $50,000. However, for projects where that only require a residential re -roof permit, staff is suggesting a flat fee of $500.00. The administrative fee charged is $0.02 per square foot of building area. The administrative fee for residential re -roof projects should be a flat fee of $40. FINANCIAL IMPACT: There is no financial impact created through the amendment of the Municipal Code or adoption of the fee resolution because the refundable fee is typically held for less than one year and the administrative fee is part of the Building Division revenue source. RECOMMENDATION: That the City Council introduce first reading of Ordinance No. 1601 amending the existing waste diversion Ordinance and adopt Resolution No. 6077 establishing program fees. SUBMITTED BY: NOTED AND APPROVED: I %w- Mark Persico, AICP David Carm ny, City Manager Director of Development Services Attachments: A. Ordinance No. 1601 — Amending the Existing Waste Diversion Program B. Resolution No. 6077 — Waste Diversion Fees ATTACHMENT "A' ORDINANCE NO. 1601 AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL AMENDING THE SEAL BEACH MUNICIPAL CODE TITLE 9 (PUBLIC PROPERTY, PUBLIC WORKS AND BUILDING REGULATIONS) CHAPTER 9.65 (RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE) ORDINANCE NUMBER 1601 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLE 9 (PUBLIC PROPERTY, PUBLIC WORKS AND BUILDING REGULATIONS) CHAPTER 9.65 (RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE) TO EXTEND • THE DEADLINE TO REQUEST A FEE REFUND THE SEAL BEACH CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 9 (Public Property, Public Works and Building Regulations) Chapter 9.65 (Recycling and Diversion of Construction and Demolition Waste) Section 9..65.055.A. (Reporting) of the Seal Beach Municipal Code is hereby amended as follows: §9.65.055 Reporting. "A. Within one hundred eighty (180) days following the completion of the demolition phase of a Covered Project, and again within' one hundred eighty (180) days following the completion of the construction and /or renovation phase of a Covered Project, the Applicant shall, as a condition precedent to receiving a refund of the Waste Diversion Fee Deposit set forth in Section 9.65.045, submit documentation demonstrating to the satisfaction of the Building Official compliance with both the diversion requirements set forth in Section 9.65.010, and the approved WMP for the project." SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the _day of , 2010. Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 8th day of November , 2010 and was passed, approved and adopted by the City Council at a regular meeting held on the day of 2010 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: And do hereby further certify that Ordinance Number 1601 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk ATTACHMENT "B" RESOLUTION NO. 6077 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING FEES FOR THE WASTE DIVERSION AND RECYCLING PROGRAM RESOLUTION NUMBER 6077 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL OF THE ESTABLISHING FEES AND CHARGES FOR RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE PROGRAM (MUNICIPAL CODE CHAPTER 9.65) WHEREAS, the City Council is empowered to impose reasonable fees, rates, and charges for municipal services; and WHEREAS, the City Council has determined that the fees, rates, and charges should cover the costs reasonably borne or a substantial portion of the actual costs of the goods and services provided by the City; and WHEREAS, the City Council has determined that fees, rates, and charges for municipal services do not cover the actual costs under the current fee schedules; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Seal Beach hereby establishes the amount of certain fees, rates and charges as follows: SECTION 1. BUILDING FEES A. Recycling and Diversion of Construction and Demolition Waste Program 1. Administrative fee $0.05 /square foot of Covered Project 2. Fee deposit $1.00 /square foot of Covered Project 3. Residential re -roof permits (only) fee deposit $500.00 4. Administrative fee for residential re -roof permits $40.00 SECTION 2. STATEMENT OF RESOLUTIONS Each and every provision of Resolution Number 5783, 5800, and 5863 of the City Council of the City of Seal Beach that establishes a rate or amount for a fee or charge that differs from the rate or amount for that fee or charge as stated in this Resolution is hereby superseded. SECTION 3. EFFECTIVE DATE This Resolution shall be effective upon adoption except for any agreements, contracts, plans and specifications submitted to the City prior to the date of adoption. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8th day of November , 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk Resolution Number 6077 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6077 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 8th day of November , 2010. City Clerk •