HomeMy WebLinkAbout2003-10-21; City Council; 17354; Adoption of Solid Waste Service Fee IncreaseCITY OF CARLSBAD - AGENDA BILL
AB# 17,354
MTG. 10/21/03
- TITLE: ADOPTION OF A RESIDENTIAL AND
COMMERCIAL SOLID WASTE SERVICE FEE INCREASE
AND A NEW STORM WATER POLLUTION PREVENTION I PLAN REVIEW AND INSPECTION FEE DEPT. Public Works
RECOMMENDED ACTION:
1. Hold a public hearing on the proposed commercial and residential solid waste service fee increase
and adoption of new storm water pollution prevention plan review and inspection fees.
2. Adopt Resolution No. 2003-280 , adopting a residential and commercial solid waste service fee
increase
3. Adopt Resolution No. ~m3-281 adopting a new Storm Water Pollution Prevention Plan review and inspection fee.
ITEM EXPLANATION:
Broadly, the National Pollutant Discharge Elimination System Order No. 2001 -01, (“Order”) requires the City to protect its citywide storm water conveyance system and receiving waters within its jurisdiction
from pollution generated from both public and private developed property. Pollutants include grass
clippings, leaves, animal waste, brake dust, soaps, cleansers, and other forms of solid waste.
The Order was issued under the authority of the Federal Clean Water Act and NPDES Permit
CAS0108758. The Clean Water Act, as implemented by the Order, imposed new and substantially
increased requirements to reduce pollutants entering the City’s storm sewer conveyance system. The
Clean Water Act-increased requirements were imposed upon the City as an unfunded mandate,
(meaning the City was not provided with any State or Federal funding to pay for the costs of satisfying
these increased requirements). Currently, the city is spending approximately $1.6 million annually on
this program funded by the General fund.
The City of Carlsbad Storm Water Pollution Protection Program Regulatory and Fee Study Report, which was presented to Council on October 7, 2003, provides a detailed analysis of two potential
alternative funding sources available to cover the City’ costs to comply with the Order. These funding sources include the adoption of a new rate structure for the City’s solid waste service program to recoup the majority of the Storm Water Pollution Prevention Program costs together with establishment of a
new processing fee to fund the review and inspection of construction related Storm Water Pollution
Prevention Plans, (“SWPPP’s”). These fees are shown on Exhibit 1.
Solid waste service fees can be increased by an approving City Council resolution adopted at a duly
noticed public hearing. (Public Resources Code Section 41 901 ; Carlsbad Municipal Code Section
6.08.180). Solid waste service fees (or refuse collection fees) are exempt from the voting provisions of
California’s Constitution Article XIII(D)(G)(c), (Proposition 21 8).
Fiscal year 2003-04 Budqet Adiustment
In order to track the costs of the Storm Water Pollution Prevention program a separate fund was
established in fiscal year 2001-02. This fund includes all the costs of the program including the time
spent by development services staff on processing the SWPPP’s. With the establishment of the SWPPP processing fees, it is no longer necessary to include these costs in the Storm Water Pollution
Prevention program fund since the fees should cover the cost of this part of the program. Staff is recommending that the costs of this program in the amount of $91,000 be transferred to the General
fund from the SWPPP fund and that the revenue from the SWPPP fees also go to the General Fund.
Page 2 of Agenda Bill No. 17 354
ENVIRONMENTAL REVIEW:
Staff has determined that the proposed solid waste service fee increase does not constitute a "project"
and therefore is not subject to environmental review under the California Environmental Quality Act
(CEAA).
IMPLEMENTATION:
If approved by City Council, the solid waste fee increases will go into effect on November 21, 2003, 30
days after adoption of the resolution. Solid waste customers will receive billings for the increased fee
beginning sometime after November 21'' during the normal billing cycle. The SWPPP review and
inspection fees will go into effect on December 21 I 2003,60 days after adoption of the resolution.
FISCAL IMPACT:
The proposed solid waste service fees for residential and commercial users will increase by thirteen
point four percent (13.4%) and fifteen point one percent (15.1%), respectively. This will generate an
additional estimated revenue of $1.3 million. The establishment of a new processing fee to fund the
review and inspection of industrial, commercial and construction related Storm Water Pollution
Prevention Plans will generate an estimated revenue of $1 86,000 annually. These additional revenues,
totaling $1.5 million annually, will be used to fund the Storm Water Protection Program costs previously
funded by the General fund.
EXH IBlTS :
1. Recommended Storm Water Protection Program Fee increasedadditions.
2. Resolution No. 2003-280, adopting an increase in residential and commercial solid waste service
fees.
3. Resolution No. 2003-281 adopting new Storm Water Pollution Prevention Plan Review and
Inspection fees.
The City of Carlsbad Storm Water Pollution Protection Program Regulatory Fee Study Report is on file
with the City Clerk, and is incorporated herein by this reference.
DEPARTMENT CONTACT: David Hauser, (760) 602-2739, dhaus0ci. carlsbad .ca. us
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Exhibit 1
Number of
Bins (3yd)
1
1
2
2
3
3
STORM WATER PROTECTION PROGRAM
RECOMMENDED FEE INCREASES / ADDITIONS
Number of Pick-ups per Week
1 2 3 4 5 6
Current $74.92 $137.19 $199.46 $261.73 $324.00 $386.27
Proposed $86.23 $157.91 $229.58 $301.25 $372.92 $444.60
Current $149.84 $274.38 $398.92 $523.46 $648.00 $772.54
Proposed $172.47 $315.81 $459.16 $602.50 $745.85 $889.19
Current $224.76 $411.57 $598.38 $785.19 $972.00 $1,158.81
Proposed $258.70 $473.72 $688.74 $903.75 $1,118.77 $1,333.79
Solid Waste Service Fees
Size of Bin
Cost-Current
Cost-Proposed
Residential Service Rates:
2Yd 3Yd 4Yd 5Yd 6Yd
$26.00 $35.00 $42.00 $49.00 $56.00
$29.93 $40.29 $48.34 $56.40 $64.46
Monthly Curbside Service:
Monthly Backyard Service:
Commercial Service Rates:
Current Proposed
$14.52 $16.47
$1 9.70 $21.65
I Added Cost uer Bin Dumr, I
Current Proposed
Curbside service 1 X per week: $25.10 $28.89
Curbside service 2 X per week: $50.20 $57.78
Curbside service 3 X per week: $75.30 $86.67
Commercial Can Service: (Up to (4) 32 gallon cans)
Backyard service 1 X per week:
Backyard service 2 X per week:
$35.70 $41.09
$7 1.40 $82.18
Recycling: Non-residential Commercial Accounts $1 1.65 $13.41
(per month per container)
Exhibit 1
Number of
3vd Bins
1x per 2x per
Week Week
1
2
Current $73.73 $130.57
Proposed $84.86 $150.29
Current $146.86 $261.14
I Proposedl $253.55 I $450.86 J 3
Mixed Pauer & Cardboard Recvcling 3-vard Bin Service:
Proposed $169.04 $300.57
Current $220.29 $391.71
No. Bins
Number of Pick-ups per Week I 1 I 2 3 I 4 5
New Storm Water Protection Program Plancheck and Inspection fees:
1
2
I Proposed Fee
Current $5 1 .OO $86.00 $121.00 $156.00 $186.00
Proposed $57.12 $96.32 $135.52 $174.72 $208.32
Current $102.00 $172.00 $242.00 $312.00 $372.00
Proposed $1 17.40 $197.97 $278.54 $359.11 $428.17
Development
Plan review Inspection
Initial I Subsequent Initial I Subsequent
Multi-family
Attached &
Mobile
Category
Family
Detached
Lot/Unit Lot/Unit Lownit Lot Unit
$210 $70 $230 $120
Homes
Commercial/
Industrial
$210 $35 $230 $70
$280 $280 $400 $400
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Exhibit 2
RESOLUTION NO. 2003-280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING AN INCREASE IN
RESIDENTIAL AND COMMERCIAL SOLID WASTE SERVICE FEES
WHEREAS, the National Pollutant Discharge Elimination System (Order No. 2001 -01 )
NPDES Order) requires the City of Carlsbad to protect its citywide storm water conveyance
;ystem and receiving waters within its jurisdiction from pollution generated from both public and
xivate developed property: and
WHEREAS, the NPDES Order defines pollutants of concern to include grass clippings,
eaves, animal waste, brake dust, soaps, cleansers, and other forms of solid waste; and
WHEREAS, City of Carlsbad staff have determined that nearly all pollutants of concern, as
lescribed in the NPDES Order, are classified as solid waste; and
WHEREAS, Carlsbad Municipal Code Section 6.08.01 O(18) defines pollutants as
ncluding, but not limited to, "...solid waste, sewage, garbage, medical waste, wrecked or
iiscarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, silt, industrial
vaste, and any organic or inorganic substance defined as a pollutant under 40 Code of Federal
qegulations 122.2 ....I' and;
WHEREAS, the actual direct costs to collect, transport and dispose of such waste, as
jescribed above, is a legitimate solid waste program expenditure, as defined in Public Resources
:ode Section 41 901 , recoverable through fees assessed to solid waste service users throughout
he City; and
WHEREAS, City of Carlsbad staff have carefully analyzed the actual direct costs to the
3ty of providing solid waste collection services to residential and commercial users across the
3ty. Staff's analysis is distilled in the City of Carlsbad Storm Water Pollution Protection Program
qegulatory Fee Study Report, dated September 12,2003, (Fee Study); and
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WHEREAS, the City Council accepted the Fee Study at its regular meeting on October 7,
2003, [Agenda Bill 17,3411. The Fee Study is on file with the City Clerk and is incorporated herein
by this reference; and
WHEREAS, staff recommends, as fully detailed in the Fee Study, an increase of one dollar
and ninety-five cents ($1.95) to the current monthly residential solid waste service fee, (trash
Gollection fee), and a fifteen and one tenth percent (15.1%) increase to the current monthly
zommercial solid waste service fee; and
WHEREAS, California Constitution, Article XIII(D)(G)(c), exempts refuse collection fees
[rom the Proposition 21 8 elections requirement; and
WHEREAS, consistent with Carlsbad Municipal Code Section 6.08.1 80, the City Council
nay, after a noticed public hearing, adopt a resolution imposing the proposed residential and
zommercial monthly solid waste service fee increases.
NOW, THEREFORE, be it resolved that:
1.
2.
The recitals above are true and correct.
The City Council has heard and considered all oral and written presentations
2ffered by the public on the proposed increased residential and commercial solid waste service
Fees, (trash collection fees).
4. The City Council has read and considered the City of Carlsbad Storm Water
'ollution Protection Program Regulatory Fee Study Report, dated September 12, 2003, (Fee
5 tu d y) .
5. The City Council finds that the Fee Study establishes a reasonable relationship
Detween the City's solid waste services and the benefit derived therefrom by both residential and
:ommercial solid waste service users across the City.
6. The City Council finds that the Fee Study's recommended monthly increases to
;olid waste service fees for both residential and commercial solid waste service users do not
2xceed the City's current actual direct costs to provide these solid waste services.
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Ill
Page 2 of 3 of Resolution No. 2003-280
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7. The City Council finds that the increased residential and commercial monthly solid
waste service fees do not exceed the proportional cost of the service attributable to the benefited
Darcel.
8. The City Council finds that the revenue generated from increased residential and
Zommercial monthly solid waste service fees shall only be used for the purposes detailed in the
Fee Study, and shall not be used for any other purpose.
9. The City Council hereby imposes a one dollar and ninety-five cent ($1.95) increase
;o the current monthly residential solid waste service fee, (trash collection fee), and a fifteen and
me tenth percent (15.1%) increase to the current monthly commercial solid waste service fee as
shown on Exhibit 1.
10. The City Council finds that California Constitution Article XIII(D)(G)(c) exempts the
ncrease to the commercial and residential solid waste service fees from the election requirement.
This resolution shall become effective on November 21, 2003, 30 days after the 11.
late of adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 21st day of October , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin and Hall
ncil Member
CLAUDE A.\Cml'!3,- Mor v -
ATTEST;
Page 3 of 3 of Resolution No. 2003-280
(SEAL)
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Exhibit 3
RESOLUTION NO. 2003-281
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING THE NEW STORM WATER
POLLUTION PREVENTION PLAN REVIEW AND INSPECTION FEES
WHEREAS, the National Pollutant Discharge Elimination System (Order No.2001-01)
:NPDES Order) requires the City of Carlsbad (City) to protect its citywide storm water conveyance
system, and receiving waters within its jurisdiction from pollution generated from both public and
irivate developed property; and
WHEREAS, consistent with the NPDES Order and Chapter 15.12.180 (E) of the Carlsbad
vlunicipal Code, any person engaged in development grading or construction activity within the
Xy may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) to reduce the
isk of contamination of storm water and the discharge of non-storm water or pollutants to the
3ty’s storm water conveyance system; and
WHEREAS, consistent with the NPDES Order, City staff is required to review and approve
my such required SW PPP’s prior to initiation of construction activities and to physically inspect
he impacted construction site within the City to assure compliance with the SWPPPs; and
WHEREAS, City staff have carefully analyzed the actual direct costs to the City of
woviding SWPPP review and inspection services to construction sites within the City. Staff’s
malysis is distilled in the City of Carlsbad Storm Water Pollution Protection Program Regulatory
:ee Study Report, dated September 12, 2003, (Fee Study); and
WHEREAS, the City Council accepted the Fee Study at its regular meeting on October 7,
1003, [Agenda Bill 17,3411. The Fee Study is on file with the City Clerk and is incorporated herein
iy this reference; and
WHEREAS, staff recommends, as fully detailed in the Fee Study, that the City Council
npose a Storm Water Pollution Prevention Plan review and inspection fee on persons engaged
I development grading or construction activity where such activity is found by City staff to require
SWPPP; and
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offered by the public on the proposed SWPPP review and inspection fees.
4.
5. That the City Council finds that the Fee Study establishes a reasonable
relationship between the City's SWPPP review and inspection services and the benefit derived
therefrom by persons engaged in development grading or construction activities within the City.
That the City Council has read and considered the Fee Study.
6. That the City Council finds that the Fee Study's recommended SWPPP review and
inspection fees do not exceed the City's current actual direct costs to provide these review and
inspection services.
7. That the City Council finds that the SWPPP review and inspection fees do not
exceed the proportional cost of the service attributable to the benefited persons engaged in
WHEREAS, consistent with Government Code section 6601 6 and 6601 7, the City Council
may, after a noticed public hearing, adopt a resolution or ordinance imposing the proposed
SWPPP review and inspection fees; and
WHEREAS, consistent with Government Code section 66016, the City Council noticed a
public hearing at which oral and written presentations may be made by any interested party for
6:OO p.m. October 21, 2003 in the City Council chambers of City Hall at 1200 Carlsbad Village
Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That consistent with Government Code section 6601 6, at least ten days prior to the
noticed public meeting, the City Clerk made "available to the public all data indicating the amount
of cost, or estimated cost, required to provide the service for which the fee or service charge is
levied and the revenue sources anticipated to provide the service, including General Fund
revenues . 'I
3. That the City Council has heard and considered all oral and written presentations
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development grading or construction activity.
Page 2 of 3 of Resolution No. 2003-281
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8. That the City Council finds that the revenue generated from SWPPP review and
inspection fees shall only be used for the purposes detailed in the Fee Study, and shall not be
used for any other purpose.
9. That the City Council hereby adopts the SWPPP review and inspection fees as
shown at Exhibit 1.
10. That the City Council finds that SWPPP review and inspection fees are exempt
from California Constitution Article XIIID's election provision because SW PPP fees fall within the
definition of a fee imposed upon a development project, consistent with Government Code section
66017, or alternatively, because the SWPPP fees are regulatory fees imposed under the City's
police power, rather than the taxing power. (See Sinclair Paint ComDanv v. State Board of
Equalization 15 Cal.4th 866, (1 997)). This finding is fully explored in the Fee Study.
11. That $91,000 in budgeted appropriations in the Storm Water Pollution Prevention
fund be transferred to the General fund to cover the processing costs of the Storm Water Pollution
Prevention Plans.
12. This resolution shall become effective on December 21, 2003, 60 days after the
date of adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 21st day of October , 2003 by the following vote, to wit:
AYES:
NOES: Council Member Packard
Council Members Lewis, Finnila, Kulchin, and Hall
4TT E ST: %*- -I I
LORRAIN~M. WOOD, City Clerk J
Pane 3 af 3 of Resolution NO. 2003-281
(SEAL)
ID
Storm Water Pollution Protection ProgramFinancing ProgramOctober 2003
Tonight’s Actions!Staff Presentation !Open Public Hearing!Close Public Hearing!Council Discussion!Council Motion to Adopt Approving Resolutions
Background!1972 - Federal Clean Water Act (CWA)!Prohibited “Point” Source Discharges (Treatment Plan Outfalls)!1987 - Water Quality Act!Amended the CWA!Prohibited “Non-Point” Source Discharges (Storm Water Outfalls)!1990 – Carlsbad Issued “Early” Storm Water Permit !Co-permittee with County, Port District and other Cities in County!Required Best Management Practices
Background (cont.)!2001 – RWQCB Issues “Final” Order to Co-permittees!Requires Jurisdictional Urban Runoff Management Plan (JURMP)!Defines Specific Storm Water Program Requirements and Timelines!Requires Financial Guarantee for Storm Water Program!2001 - City Team Formed to Develop Finance Plan
Additional RequiredJURMP ActivitiesCreate AnUnfunded Federal Mandate
!Litter Removal/Street Sweeping!Storm Drain/Inlet Cleaning !Illicit Connection/Illegal Discharge Enforcement!Storm Water Pollution Prevention Plan (SWPPP)!Review & Inspection !Public Education/Outreach!Program AdministrationCarlsbad’s JURMP Program Activities
Storm Water Protection ProgramActivity Costs = $1.6MAdministration21%Litter Removal &Street Sweeping16%Storm Drain Cleaning 11%Illicit Connection/Illegal Discharge28%SWPPP Review/Inspection19%Public Education& Outreach5%
Potential Funding Sources!Utility Fee Increases"Solid Waste, Sewer, Water!Permit Processing Fee"SWPPP Review and Inspection!Fines/Levies"Storm Water Code Violators!Storm Water Utility!Pollution Prevention and Flood Control
Finance Team Proposal!Implement Now:!Trash (Solid Waste Service) Fee Increase!Storm Drainage Solid Waste Cleanup Costs!Business Related SWPPP Inspections!Processing Fee for Construction-Related SWPPP’s!Future Consideration:!Fines and Levies!Storm Water Utility
Proposed Solid Waste Service Fee Increase
Solid Waste Service Fee IncreaseProvides Funding for: !Litter Removal/Street Sweeping!Storm Drain/Inlet Cleaning!Illicit Detection/Illegal Connection!Excluding enforcement activities!Commercial Business SWPPP Inspections!Charged to commercial service users only!Public Education/Outreach!Program Administration
Solid Waste Service Fee IncreaseJustification !Nearly all the constituents that make up the pollutants discharged into the City’s storm drainage system qualify as solid waste under the definition established in State and local codes
Solid Waste Service Fee IncreaseDefinition!Solid Waste is defined as:“…solid, semisolid and liquid wastes, generated in or upon residential or commercial premises, including garbage, trash, …construction and demolition wastes, …dewatered, treated, or chemically fixed sewage sludge …and other discarded solid and semisolid wastes.”
Solid Waste Service Fee IncreaseCalculation Methodology!Identify Eligible Program Activities!Allocate Costs to Solid Waste Service Users and Non-Users!Allocate Costs to Commercial and Residential Solid Waste Service Users!Calculate Service Fee Increase
Solid Waste Service Fee IncreaseCost Allocation to Service Users!Litter Removal/Street Sweeping!92% to Service Users !8% to Non-Users!Storm Drain/Inlet Cleaning!64% to Service Users !36% to Non-Users!Business Related SWPPP’s/ Illicit Connections & Illegal Discharges/Public Education/ Program Administration!100% to Service Users
Solid Waste Service Fee IncreaseSolid Waste Service Fee IncreaseCost Allocation Among Service UsersCost Allocation Among Service Users!Litter Removal, Street Sweeping, Storm Drain, Inlet Cleaning, Illicit Connection & Illegal Discharge, Public Education, Program Administration!49% to Residential Service Users !51% to Commercial Service Users!Business Related SWPPP Inspections!100% to Commercial Service Users
Solid Waste Service Fee IncreaseProposed Fee Increase!Residential = $1.95/Month (13.4%)!Commercial = 15.1%
Solid Waste Service Fee IncreaseSolid Waste Service Fee IncreaseProjected RevenuesProjected Revenues= $1.31M= $1.31M!Residential $587,000!Commercial $717,000
Proposed Construction Related SWPPP Processing Fee
Construction Related SWPPP Processing FeeDefinition:Construction-Related SWPPP(Construction-Related Storm Water Pollution Prevention Plan)-is a plan prepared by a Developer to help control and/or eliminate construction related pollutants from leaving the development construction site and entering sensitive waterways.
Construction Related SWPPP Processing FeeSWPPP Process!Plan Review!Review of SWPPP’s submitted by developers prior to construction permit issuance!Inspection!Field Inspection of construction sites to ensure compliance with approved SWPPP’s
Construction Related SWPPP Processing FeeFee Establishment Methodology!Identify processing steps !Determine average times and costs required for each step of the process!Set fee for cost recovery only
Construction Related SWPPP Processing FeeProposed Review/Inspection Fee$400$280Commercial/Industrial$230/$70$210/$35Multi-Family$230/$120$210/$70Single FamilyInspection(1stLot/Subsequent Lots)Plan Review(1stLot/Subsequent Lots)
Construction Related SWPPP Processing FeeProjected Revenues= $186,000!SWPPP Review Fee = $72,000!SWPPP Inspection Fee = $114,000
Funding Summary!Expenditures: $1,612,000!Funding Sources:"Solid Waste Residential 587,000"Solid Waste Commercial 717,000"SWPP Plan Check 72,000"SWPP Inspections 114,000"General Fund 122,000
Implementation ScheduleOctober 7Present Fee Study at Council meetingOctober 21Public Hearing and adoption of feesDecember 21SWPPP processing fees effective November 21Solid Waste fee increases effectiveNovemberPublic outreach to customers on fees
Tonight’s Council Action!Open Public Hearing!Close Public Hearing!Council Discussion!Adopt Resolutions Approving the Solid Waste Service Fee Increase and new fees for the review and inspection of SWPPP’s
Ad & /TAW
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