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City Council Agenda
Item No. 17
August 22, 2000
TO: Mayor and City Council
FROM: General Services Director
SUBJECT: Implementation Status of Refuse Container Ordinance
Recommendation
None. For informational purposes only.
Background
At a December 13, 1999 study session, staff provided the Council with information regarding
injuries to refuse employees which suggested that changes to the City refuse container
requirements may be necessary. Per Council direction, staff proceeded to identify necessary
changes to the current refuse container ordinance, develop an enforcement schedule, and address
the availability of containers that would resolve employee safety and refuse collection efficiency
issues.
Press releases discussing proposed changes to the refuse container requirements were distributed
to the local media in late December 1999. In early January articles regarding the proposed
changes appeared in the Newport Light and in the Orange County Register. The press release
also initiated interest from the Orange County News (OCN) local television news station whose
staff interviewed City personnel and local residents regarding the proposed changes. OCN aired
the news story on January 7, 2000.
On January 11, 2000, staff proposed an ordinance amending Section 6.04.090 of the Newport
Beach Municipal Code, the existing refuse container ordinance. The ordinance was submitted
for second reading, and adopted on February 8, 2000 as Ordinance No. 2000 -01. The Ordinance
was given an effective date of September 1, 2000 in order to provide sufficient notice to all
residents.
After the adoption of the Ordinance, staff was directed to postpone additional public outreach
efforts until a Public Information Officer (PIO) or public relations firm could be hired.
On April 14, staff met with the City contract PIO, Gladstone International, to establish a public
awareness campaign. It was determined that the City program would include the following
elements:
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• Residents would be notified of the new regulations via a written notice mailed to all
recipients of the utility billing.
• An adhesive label would be designed to specifically identify containers that must be replaced
for use by refuse collectors.
• A local non - profit organization would be contacted to participate in the container
replacement program as a fundraiser for the organization.
• Vendors would be notified of the new container requirements in order that appropriate
containers are sufficiently available for purchase and any new purchase matched the City
ordinance requirements.
Discussion
In early June, the City's PIO informed staff that the Veteran's Charities of Orange County was
interested in participating in the campaign by implementing a program that would complement
the City efforts and raise funds for the Veterans Charities. The Veterans Chanties was the only
one of nine local community organizations that indicated an interest in participating in the
program.
Gladstone International's staff helped the Veterans Chanties organize a program to deliver new
containers to residents and recycle old containers upon request for a nominal fee.
After a lengthy review process, a written notice identifying the new regulations and effective
date was finalized and mailed to residents on July 10 (Attachment A). The mailing also included
a flyer from the Veterans Charities proposing their container delivery and collection services
(Attachment B).
On July 24, the City's refuse collectors began to identify containers that did not meet the new
requirements by applying the label to the specific containers (Attachment Q. In addition, staff
established a refuse hotline (644 -3192) and web page specifically for this outreach program. The
hotline and web page are both referred to in the notice and the label.
In early July, staff contacted the local public access cable channel and posted pertinent
information regarding the new container regulations on the channel's public bulletin board. The
bulletin board information is scheduled to run through September. In addition, on July 3, letters
and notices were mailed to 91 homeowners associations to inform them of the new container
requirements and to request their assistance with informing their respective residential
communities of the new regulations.
In June, staff met with the managers of the Ace Hardware stores in Newport Beach. Staff
reviewed the new regulations and discussed opportunities to post signs alerting Newport Beach
customers of the new container requirements. Staff designed and produced the signs, which are
currently posted at each of the three Ace Hardware Stores in the City.
Gladstone Iinternational contacted four hardware stores in advance on behalf of the City,
including the Home Depot in Costa Mesa. Unfortunately, the Home Depot corporate office
would not agree to posting the City sign. Instead, Home Depot developed and posted their own
flyer at various points within their Costa Mesa location.
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Staff also visited Ganahl Lumber in Costa Mesa and delivered a sign to one of the store
managers, who agreed to post the sign. Ganahl Lumber and the Ace Hardware stores have
indicated that they will not stock any containers that do not meet the new City container
requirements during this transition phase.
Program Results
To date, the Veterans Charities have received requests to deliver 3,765 containers from 1,175
households. As of August 11, 1,349 new containers have been delivered and 1,109 old
containers have been collected.
The response to the Veterans Charities program has been overwhelming. Staff at the Veterans
Charities has added an additional 15 delivery dates to their original schedule of 10 for a total of
25 delivery dates. They've also added an additonal vehicle to make deliveries in the evenings.
On any given delivery date, the Veterans Charities will operate deliveries from 8:00 A.M. to at
least 6:00 P.M. Due to community response to its container delivery program, the Veterans
Charities has scheduled deliveries through September 7.
As of August 11, the three Ace Hardware Stores have recorded the following combined sales:
Overall, the City's outreach efforts appear to have been very effective. City staff has received
numerous phone calls on the hotline requesting clarification of the Ordinance. In particular,
residents have questions regarding whether they can still use trash bags, or if they can use
wheeled containers. Some complaints have been received about the changes, but the
overwhelming majority of the calls have been inquiries on how to comply with the new
ordinance.
Staff has received many phone calls requesting information about the Veterans Charities delivery
program. Due to the overwhelming response to the Veterans Charities program, unavoidable
delays have occurred with deliveries. Staff has addressed some of the issues directly with the
Veterans Charities on the residents' behalf.
It was originally estimated that approximately 2,675 households would be affected by the new
Ordinance. Based on the estimates and that 1,175 households have responded to the Veterans
and 779 new containers have been purchased at hardware stores, it appears that more than half of
the affected households have taken action to comply with the new requirements.
Program Enforcement
The Ordinance will be implemented in a manner consistent with earlier Council direction. At the
December 13, 1999 study session, the City Council directed staff to prepare an enforcement
schedule, which would give residents a fair opportunity to comply with the new ordinance. Staff
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JULY
AUGUST
TOTAL
Non - Wheeled Containers
305
161
466
Wheeled Containers
250
63
313
TOTAL
555
224
779
Overall, the City's outreach efforts appear to have been very effective. City staff has received
numerous phone calls on the hotline requesting clarification of the Ordinance. In particular,
residents have questions regarding whether they can still use trash bags, or if they can use
wheeled containers. Some complaints have been received about the changes, but the
overwhelming majority of the calls have been inquiries on how to comply with the new
ordinance.
Staff has received many phone calls requesting information about the Veterans Charities delivery
program. Due to the overwhelming response to the Veterans Charities program, unavoidable
delays have occurred with deliveries. Staff has addressed some of the issues directly with the
Veterans Charities on the residents' behalf.
It was originally estimated that approximately 2,675 households would be affected by the new
Ordinance. Based on the estimates and that 1,175 households have responded to the Veterans
and 779 new containers have been purchased at hardware stores, it appears that more than half of
the affected households have taken action to comply with the new requirements.
Program Enforcement
The Ordinance will be implemented in a manner consistent with earlier Council direction. At the
December 13, 1999 study session, the City Council directed staff to prepare an enforcement
schedule, which would give residents a fair opportunity to comply with the new ordinance. Staff
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has since focused its efforts on public awareness of the new regulations. However, as the
September I effective date of the Ordinance draws near, staff recognizes that it would be
reasonable to grant a 30 -day grace period prior to initiating enforcement.
Local hardware stores and the Veterans Charities have both indicated previous problems with the
availability of appropriate containers. Given that approximately another 1,300 households may
attempt to replace their containers within the next few weeks, availability of appropriate
containers may become an obstacle to compliance.
In addition, September 1 marks the beginning of the Labor Day weekend. It would not be ideal
to enforce the Ordinance during a week following a holiday which typically generates a very
high volume of residential waste. Enforcement of the ordinance during the first week of
September would result in a significant inconvenience to a large number of households if waste
were not collected for non - compliance with the new container requirements. Therefore, the
Refuse Division will delay enforcement until Monday, October 2.
Every effort will be made to ensure that the Ordinance is implemented with diplomacy and a
continued focus on public awareness of the safety and collection efficiency issues that the
Ordinance intends to address. Initiating enforcement with a 30 -day grace period will provide
staff additional time to ensure that the estimated 1,300 homes which have yet to comply with the
new regulations are aware that they need to replace their containers. These efforts will continue
within the .coming weeks as Gladstone International plans to distribute additional press releases
prior to the end of August, and other public media resources can be utilized.
Very respectfully,
David E. Niederhaus
Attachments: (A) Notice mailed to residents July 10
(B) Veterans Charities of Orange County refuse container delivery flyer
(C) Compliance label applied to refuse containers that do not meet Ordinance
2000 -01.
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Newport Beach Adopts New Refuse Container Requirements
Your City refuse collector needs your help. Non - compliant trash containers are
causing unnecessary injuries to City workers and slowing refuse collection
operations. In an effort to provide a safe working environment and to improve
efficiency, the City Council adopted changes to Section 6.04.090 of the City municipal
code regarding refuse containers. A six -month grace period was established to allow
for amortization of any new can purchases by residents.
New refuse container requirements are as follows~
• The container cannot exceed 35 gallons in capacity
• The container must be constructed of plastic or similar watertight material
• The container may not be constructed of metal
• The container must have fixed, immobile handles located below the top edge
• The container must have a watertight cover that is not permanently attached
• The container shall be tapered with the diameter of the bottom no more than five inches less
than the diameter of the top
• Trash bags shall not exceed the 50 -pound maximum capacity and must be sturdy, waterproof
bags with an opening that can be sealed.
Where can I purchase containers which meet the new requirements and what Is the approximate cost?
The following are examples of container designs that meet the new requirements.
Similarly- designed containers may be purchased.
• The Rubbermaid Roughneck Model 289457EGRN available at Crown Ace Hardware
(2644 San Miguel Drive, 1024 Irvine Avenue, and 3107 East Coast Highway, Newport Beach)
• Rubbermaid Model 289457EGEN available at Home Depot
(2300 -F Harbor Blvd., Costa Mesa).
Can costs vary from approximately $8.91 to $19.96, plus tax. As an alternative to purchasing cans
from a hardware store, you may call our home delivery program sponsored by the Veterans Charities
of Orange County.
Who Is Impacted by the changes?
Although about 80% of the City's homes already comply with these refuse container requirements, at
least 20% of residents are using trash containers that do not meet the new requirements, resulting
in injuries to City trash collectors and slowing City operations.
When do the changes take effect?
The new requirements were adopted by Ordinance No. 2000 -1 on February 8, 2000. The Ordinance
will take effect September 1, 2000. In the interim, the City will continue to service all currently
authorized container types through August 31, 2000 to allow residents adequate time to comply with
the above requirements. Refuse collectors will identify any unauthorized containers with a label to
ensure that residents are aware of which container(s) they will need to replace and identify the rea-
son why. After September 1, 2000 the City will not collect refuse left in unauthorized con-
tainers.
For more Information about this ordinance, please call the
City of Newport Beach General Services Department hotline at (949) 6443192
Additional Information Is also available at the General Services Department web page,
www.city newpat-beach.ca.us
Thank you for your cooperation In preventing refuse worker Irdurles and Improving refuse collection efficiency.
NAME:
ADDRESS:
SUPPORT HOMELESS VETERANS
HAVE YOUR NEW TRASH CONTAINERS
DELIVERED TO YOUR DOOR!
Veterans Charities of Orange County will pickup your old trash containers, recycle and replace
them with new, City - approved containers at a competitive, tax - deductible price. Save yourself
the time and energy of shopping for and hauling home trash cans while you support local
homeless veterans. Please check one or both boxes:
• Please pickup my old trash container(s)
• Please provide me with (quantity) new container(s)
Containers will be picked up on Mondays and Thursdays, every other week, until
September 7, 2000. Please circle the date you would like your containers to be picked up
and/or delivered:
July 17 20 31
August 3 14 17 28 31
September 5 7
Each container is competitively priced at $1250 which includes new can delivery and the
removal, and recycling of your old cans. If you are not ordering new cans, but want us to pick
up old cans, please enclose a $5.00 pickup fee per household. All cans must be empty for
pickup.
Please make your tax - deductible checks payable to Veterans Charities of Orange County and
mail, along with this form, to:
• VISA
• MASTER CARD
a AMERICAN EXPRESS
NBR:
EXP. DTE:
Veterans Charities of Orange County
201 South Sullivan Street
Santa Ana, California 92704
For more information, call (714) 547 -0615
Veterans Charities of Orange County is a 501(c)3 Social Service Organization that provides a full array
of services for homeless, disadvantaged and disabled U. S. Veterans within a sheltered environment. Our
Federal Tax ID is 23- 7143157. We are voluntarily assisting the City of Newport Beach in this venture. .
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