COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

February 3, 2010

BOARD MEETING DATE:

February 23, 2010

SPECIAL NOTICE/HEARING:

14 Day/Interested Party Mailing, Publication in newspaper (GC § 6062)

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Service Fee for Administration of the Recycling and Diversion of Construction and Demolition Debris

RECOMMENDATION:

Adopt a resolution authorizing the Department of Public Works to collect a Ninety-Five Dollar Administrative Fee per “Covered Project” for expenses incurred by the Department to administer the Recycling and Diversion of Construction and Demolition Debris Ordinance.

BACKGROUND:

On February 26, 2002, your Board adopted Ordinance No. 04099 (Ordinance), which established Chapter 4.105 of the San Mateo County Ordinance Code entitled “Recycling and Diversion of Debris from Construction and Demolition”. The Ordinance stipulates that “Covered Projects” divert one hundred percent (100%) of inert solids and at least fifty percent (50%) of the remaining construction and demolition debris tonnage from being disposed of in a landfill. A “Covered Project” is defined as demolition work exceeding $5,000, renovation or new construction exceeding $250,000, and construction of structures greater than 2,000 square feet. To date, the program has been administered by the Department of Public Works, and has been funded by the Solid Waste Fund. However, the Solid Waste Fund is projected to be depleted by FY 2011-12 and can no longer support the expenses incurred in administering the Ordinance.

The Ordinance allows for the establishment of an Administrative Fee (Fee) to be set by the adoption of a Resolution, in order to compensate the Department for the costs associated with administering the program. The Department is proposing to establish the Fee consistent with the Ordinance and Section 19132.3 of the California Health and Safety Code, which authorizes local governments to charge a fee to recover the cost of reviewing plans prior to the issuance of a building permit. State law requires that fees not exceed the estimated reasonable cost of providing the service for which the fee is charged.

DISCUSSION:

This Fee will cover the costs associated with educating permit applicants about the Ordinance, reviewing Waste Management Plans prior to demolition or construction, and verifying compliance at the completion of the construction or demolition project. The Fee also covers the cost of tracking permit information for analytical and reporting purposes.

The Department has evaluated the staff time involved in administering this program coupled with the number of projects reviewed, and has calculated that the Fee should be set at Ninety-Five Dollars per “Covered Project”. The Department reviews approximately 170 Waste Management Review Plans per year and the staff time involved in the review is approximately one hour per project. Staff has determined that the proposed Fee would equal, but would not exceed the cost of the service the Department provides.

Section 66016 and 66018 of the California Government Code require that all local agencies hold at least one open and public meeting to consider any proposed new fees. In addition, any action adopting a fee or charge on a development project shall be effective no sooner than 60 days following the final action. Therefore, the recommended effective date for the proposed fee would be Monday, April 26, 2010.

The Department has worked to communicate the proposed Fee to the public by providing a notice at the front counters in both the Public Works and Planning and Building Departments, posting the notice on the Department’s website, mailing a notice to all interested parties, and publication of notice of the proposed action in a newspaper of general circulation. A copy of the notice is included as Exhibit A.

County Counsel has reviewed and approved the Resolution as to form.

Adoption of the Resolution setting the Administrative Fee to cover the costs of administering the Recycling and Diversion of Construction and Demolition Debris contributes to the Shared Vision 2025 outcome of an Environmentally Conscious Community by ensuring that administration of the program can continue, which ensures that construction and demolition material is diverted from the landfills and is handled in an environmentally conscious manner.

FISCAL IMPACT:

The proposed Administrative Fee will cover administrative costs required for continued implementation of the County’s Recycling and Diversion of Construction and Demolition Debris Ordinance, which had previously been incurred by the Solid Waste Fund.

There is no fiscal impact to the General Fund.

Attachment A –

Notice of Proposed Fee