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Resolution 13532 and Staff ReportCITY OF ALAMEDA RESOLUTION NO. 13532 AMENDING MASTER FEE RESOLUTION NO. 12191 TO ESTABLISH A NEW PERMIT FEE FOR RECYCLING AND ORGANIC MATERIALS HAULING PERMITS PURSUANT TO SECTION 21 -21.2 OF THE ALAMEDA MUNICIPAL CODE WHEREAS, the Alameda Municipal Code and the California Government Code provide that the City Council shall act by resolution to establish reasonable fees to recover the cost of providing various services; and WHEREAS, Resolution No. 13507 most recently amended the City's Master Fee Resolution and establishes the existing fees for various City services and permits; and WHEREAS, the City Council recently adopted Ordinance No. 886 to regulate the hauling of recycling and organic materials in the City in order to comply with the Integrated Waste Management Act (A.B. 939) and Measure D and that Ordinance adopts a new Section 21 -21.2 of the Alameda Municipal Code to require such haulers to obtain a permit from the City and to pay a fee to recover the City's cost of regulating the activities of such haulers; and WHEREAS, the Department of Public Works contracted with Hilton, Farnkopf & Hobson, LLC, who prepared a fee study to identify the costs associated with the regulation of such haulers pursuant to Chapter 21 of the Alameda Municipal Code dated September 19, 2002 which is on file in the offices of the Public Works Department and incorporated herein by this reference (hereinafter, "the fee study "); and WHEREAS, the City Council held an open and public meeting regarding the fee study on October 1, 2002 as required by Government Code Section 66016 and the fee study was made available ten (10) days prior thereto, also as required by that Section 66016; and WHEREAS, for the reasons stated in the fee study, the City Council finds that the permit fee for the hauling of recycling and organic materials established hereby does not exceed the reasonable cost of complying with Government Code Section 66016 and of implementing the regulatory program with respect to which such permits are issued; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that the Master Fee Resolution be further amended to establish all fees outlined in Attachment A which is attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that all fees established by Master Fee Resolution No. 12191 which are inconsistent with the fees established by this Resolution are hereby repealed or amended to be consistent with this Resolution, as the case may be. Attachment A Recycling and Organic Collection & Hauling Fees Permit Fees: Application Fee: $600 $100 /hour for review of monthly reports and monitoring and enforcing compliance AB939 Fee: $8.67 per actual ton hauled paid monthly Public Infrastructure Fee: $2.86/ actual ton hauled paid Performance Security: $95 /ton (Based on estimated annual tonnage) Penalty for Failure to meet Diversion Goal: $95 /ton for each ton required to be diverted but not diverted. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a special meeting assembled on the 1St day of October, 2002, by the following vote to wit: AYES: Councilmembers Daysog, Johnson, and Acting Mayor DeWitt - 3. NOES: None. ABSENT: Councilmember Kerr - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2nd day of October, 2002. Lara Weisiger, City Clirk g � Y City of Alameda CITY OF ALAMEDA MEMORANDUM Date: September 18, 2002 To: Honorable Acting Mayor and Councilmembers From: James M. Flint City Manager Re: Recommendation to Adopt Resolution Amending the Master Fee Resolution to Add a Permit Fee for Recycling and Organic Material Collection and Hauling BACKGROUND On July 2, 2002, the Council approved a new franchise for Solid Waste, Recycling, and Organic Materials Collection. The franchise included many enhancements to services to help the City achieve the voter approved Measure D 75% diversion rate by 2010. On September 17, 2002, an Ordinance amending Chapter XXI (Solid Waste and Recycling) was introduced to enact regulations required to fully implement the enhanced services identified in the new Franchise. DISCUSSION The new ordinance requires all recycling and organic materials haulers, including major construction and demolition debris haulers, to obtain a City permit. Section 21 -21.2 requires applicants for these permits to pay a fee established by resolution of City Council. The City contracted with Hilton Farnkoff and Hobsen (HFH) to develop a basis for the cost to administer the permits and to perform a nexus study to determine the cost to monitor compliance with AB939 and the cost to mitigate damage to public infrastructure caused by these haulers. The cost to administer the permit includes staff time to review the application, monitor the applicants' compliance with the permit requirements, collect and handle fees, and respond to service issues and needs of the permittee and their customers. The cost to monitor AB939 compliance includes evaluation of permittee reports, public outreach, and permittee education. The estimated cost has been based on the historical data associated with the citywide program. The damage to public infrastructure includes illicit discharges, pavement surface damage and street tree damage. Costs for mitigation are based on vehicle weight, mileage, street sections, and street tree pruning and replacement costs. Re: Resolution #4 -E CC 10 -1 -02 Dedicated to Excellence, Committed to Service Honorable Acting Mayor and Page 2 Councilmembers September 18, 2002 Based on the HFH study, a permit fee which includes both a flat fee for application review and a per ton fee for all other expenses has been proposed. A copy of that study is available for review in the City Engineer's office. BUDGET CONSIDERATION/FINANCIAL IMPACT The estimated costs for administering the permits, monitoring AB939 compliance and mitigating impacts to the public infrastructure for recyclable and organic material haulers are fully offset by these new fees. RECOMMENDATION The City Manager recommends that the City Council adopt a Resolution amending Master Fee Resolution by adding a permit fee for recycling and organic material collection and hauling. Respect lly submitted, Matt Naclerio Public Works Direct By: Cheri R. Sheets Deputy Public Works Director /City Engineer MTN:dl G:\ PLANNING \CC \REPORTS\2002 \Perrot Tracking Fee Surcharge.doc Dedicated to Excellence, Committed to Service