The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 2015 0121 CCSA REG ITEM 08B ITEM 8.B. CITY OF MOORPARK,CAL1FORIA City Council betting of � ! r/ AnoN /1. .• !, G� MOORPARK CITY COUNCIL � '� AGENDA REPORT BY: , TO: Honorable City Council FROM: Dave Klotzle, City Engineer/Public Works Director Prepared by: Shaun Kroes, Senior Management A alyt DATE: January 9, 2015 (CC meeting of 01/21/15) SUBJECT: Consider a Resolution Establishing Construction and Demolition Materials Management Plan Diversion Security Deposit Rates SUMMARY On January 7, 2015, the City Council approved setting a public hearing for January 21, 2015 to consider establishing the City's Construction and Demolition Material Management Plan (C&DMMP) diversion security deposit (C&D Deposit) rates. Staff is requesting that the City Council consider adopting a resolution establishing C&D Deposit rates as detailed in Table 1 on the second page of this staff report and on Exhibit A of the proposed resolution (Attachment 1). BACKGROUND/DISCUSSION The City Council adopted Ordinance No. 394 on November 17, 2010, amending and restating, in its entirety, Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the Moorpark Municipal Code (MMC). The Ordinance included new construction and demolition diversion requirements for certain projects as listed in Attachment 2, requiring a minimum 65%diversion of solid waste generated during demolition and/or construction of the project. Section 8.36.655 authorizes the City to accept a C&D Deposit, established by resolution of the City Council. The C&D Deposit creates a financial incentive for applicants to comply with the diversion requirements. After an applicant provides proof that diversion of 65% of generated solid waste was achieved, the C&D Deposit is returned to the applicant, minus the City's review fee. On November 17, 2010, the City Council approved Resolution 2010-2972, which established the C&DMMP review fee of$145. Resolution 2010-2972 did not; however, establish the C&D Deposit rates. S:\Public Works\Everyone\Reports\Staff Reports\20151January\1-21-2015(C&D Plan Deposit PH).doc 17 Honorable City Council January 21, 2015 Page 2 Staff is proposing that the City collect a C&D Deposit in the amount of 3% of an applicant's project valuation, as established by the City's Building and Safety division. This is similar to the City of Santa Clarita's existing C&D Deposit formula. The City of Santa Monica has a similar formula; however, it is 3% of the total project cost. Also, the City of Santa Clarita has a maximum C&D Deposit of $25,000. The City of Santa Monica has a maximum C&D Deposit of $30,000. The proposed resolution establishes a maximum C&D Deposit rate of $25,000 for a single project. For example, a tenant improvement in a single-family home or commercial business would be 3% of the City's valuation of the project, or $25,000, whichever is less. For larger scale projects, such as multi-phase commercial or residential construction sites, the proposed C&D Deposit would be 3% of the City's valuation, or $50,000, whichever is less. In some projects, such as demolition only projects, the City's Building and Safety division does not establish a valuation for the project. In those instances, staff is proposing that the project submit a C&D Deposit of 3% of the proposed project cost, or $25,000, whichever is less. The applicant would provide a copy of its contractor's price quote for completion of the project. The C&D Deposit would be calculated off of the price quote. Applicants would not be required to submit supplemental C&D Deposits in the event that the initial price quote increases, unless the scope of work changed to include additional work that would require a new permit from the City; in that instance a new C&D Deposit may be required based on the valuation of the scope of work or new demolition costs, whichever is applicable. Table 1 below summarizes the proposed C&D Deposit rates. T bl 1 P a e ropose dC&DD .t R t epos1 a es Project Type C&D Deposit Calculation* Maximum C&D Deposit Single Project 3% of Building & Safety $25,000 Valuation Multi-phase Project 3% of Building & Safety $50,000 Valuation Demolition with No Valuation 3% of Contract Cost $25,000 *The City may increase the initial C&D Deposit collected in the event an applicant changes the project's scope of work in a manner that requires additional permits from Building & Safety and the scope of work increases the valuation or contract cost of the project. After an applicant's project is completed, the applicant submits proof of recycling and trash disposal (gate tickets from collection sites). As long as the applicant achieves 65% diversion or greater, the C&D Deposit will be returned to the applicant, minus the City's C&DMMP review fee of $145.00. Applicants that fail to provide proof of diversion, or who achieve less than 65% diversion may lose part or all of their C&D Deposit, per MMC Section 8.36.680. 18 Honorable City Council January 21, 2015 Page 3 In compliance with California Government Code Sections 66016 and 66018, which set forth the notification and hearing process required prior to levying new fees or service charges, or prior to increasing an existing fee or service charge, notice of the City Council public hearing was mailed to interested parties and published in the Ventura County Star in accordance with the code requirements. The draft resolution (Attachment 1) provides the details of the proposed C&D Deposit rates as noted in Table 1 on the previous page. In accordance with California Government Code Section 66017, the proposed C&D Deposit rates will be effective sixty (60) days following the adoption of the Resolution. ENVIRONMENTAL DOCUMENTATION The Community Development Director has determined that the proposed C&D Deposit rates are exempt from the provisions of the California Environmental Quality Act (CEQA), in that the action of the City Council does not involve the consideration of the approval of a project. FISCAL IMPACT No direct impact. As long as an applicant achieves the 65% diversion requirement, the C&D Deposit will be returned, minus the City's C&DMMP review fee of $145. Applicants that fail to provide proof of diversion, or who achieve less than 65% diversion may lose part or all of their C&D Deposit, per MMC Section 8.36.680. Per MMC Section 8.36.680(E), C&D Deposits ... "retained by the City may be used only for payment of diversion security deposit refunds; costs to administer the program established ... , and cost of programs to achieve diversion of C&D materials from disposal at disposal facilities." STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Open the Public Hearing, accept public testimony, and close the Public Hearing; 2. Adopt Resolution No. 2015-__ , establishing C&D Deposit rates. Attachments 1. Draft Resolution 2. Moorpark Municipal Code Sections 8.36.620, 8.36.625 and 8.36.655 19 Attachment 1 RESOLUTION NO. 2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT PLAN DIVERSION SECURITY DEPOSIT RATES PURSUANT TO SECTION 8.36.655 OF THE MOORPARK MUNICIPAL CODE WHEREAS, on November 17, 2010, the City Council adopted Section 8.36.655 of the Moorpark Municipal Code (Code); and WHEREAS, Section 8.36.655 of the Code states that a Construction and Demolition Materials Management Plan Diversion Security Deposit (C&D Deposit) rate shall be established by resolution; and WHEREAS, the City Council has not yet established the C&D Deposit rates; and WHEREAS, in accordance with California Government Code Sections 66016 and 66018, which set forth the notification and hearing process required prior to levying new fees or service charges, notice of this resolution was mailed and published; and WHEREAS, in accordance with California Government Code Section 66017, this resolution shall become effective sixty (60) days following the adoption of the resolution; and WHEREAS, the City Council concurs with the Community Development Director's determination that the proposed C&D Deposit rates are exempt from the provisions of the California Environmental Quality Act (CEQA), in that the action of the City Council does not involve the consideration of the approval of a project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The C&D Deposit rates shall be collected from covered projects in accordance with Sections 8.36.620 and 8.36.625 of the Code. SECTION 2. The C&D Deposit rates are adopted as shown in Exhibit A of this resolution. SECTION 3. This resolution shall become effective on March 23, 2015. SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 20 Resolution No. 2015 --- Page 2 PASSED AND ADOPTED this 21st day of January, 2015. Janice S. Parvin, Mayor AITEST: Maureen Benson, City Clerk Attachment: Exhibit A 21 Resolution No. 2015 ---- Page 3 EXHIBIT A: C&D DEPOSIT RATES Project Type C&D Deposit Calculation* Maximum C&D Deposit Single Project 3% of Building & Safety $25,000 Valuation Multi-phase Project 3% of Building & Safety $50,000 Valuation Demolition with No 3% of Contract Cost $25,000 Valuation ... *The City may increase the m1bal C&D Deposit collected m the event an applicant changes the proiect's scope of work m a manner that requires additional permits from Building & Safety and the scope of work increases the valuation or contract cost of the project. 22 Attachment 2 8.36.620 Covered projects. Except as otherwise provided in this code, each applicant for a permit required by this code for a covered project shall also complete and submit a construction and demolition materials management plan (C&DMMP) to the administrative authority unless the project is an exempt project, as defined in Section 8.36.625. No permit for a covered project shall be issued by the division of building and safety unless the applicant for the permit has submitted a C&DMMP that has been reviewed and approved by the administrative authority, or the project is an exempt project as defined in Section 8.36.625. Review of applications for permits for covered projects by the division of building and safety may be concurrent with the review of the C&DMMP by the administrative authority but the permit shall not be issued until the C&DMMP has been approved. (Ord. 394 § 1, 2010) 8.36.625 Exempt projects. No C&DMMP or diversion security deposit shall be required for any of the following: A. Work for which a building permit, demolition permit, and/or grading permit is not required. B. Any new residential or nonresidential construction project valued at less than five hundred thousand dollars ($500,000.00) by the city's building official. C. Residential or nonresidential alterations valued at less than one hundred thousand dollars ($100,000.00) by the city's building official. D. Projects for which only a plumbing permit, electrical permit, or mechanical permit, or any combination thereof, is required. E. Seismic tie-down projects. G. Installation of swimming pools or spas. H. Demolition or construction required to protect public health or safety in an emergency, as defined in Public Resources Code Section 21060.3, as it may be amended from time to time. I. Other work the administrative authority determines will not produce a significant amount of C&D material. (Ord. 394 § 1, 2010) 8.36.655 C&DMMP diversion security deposits. Each applicant for a permit for a covered project, except the city, shall submit a construction and demolition diversion security deposit along with the C&DMMP. The amount of the diversion security deposit shall be established by resolution of the city council. The administrative authority may waive the diversion security deposit if the diversion security deposit required pursuant to this section would be fifty dollars ($50.00) or less. (Ord. 394 § 1, 2010) 23