HomeMy WebLinkAbout27 - Franchised Solid Waste Haulers for DemolitionCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 27
March 23, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
David E. Niederhaus, Director, 949 - 644 -3055, dniederhaus(a)- city. newport-
beach.ca.us
SUBJECT: Amendments to the Newport Beach Municipal Code requiring use of
franchised solid waste haulers for demolition activities.
ISSUE:
Should the City amend Section 15.02.035 of the Newport Beach Municipal Code
pertaining to the Uniform Administrative Code to clarify procedures and requirements for
handling waste from demolition activities?
RECOMMENDATION:
Adopt the Ordinance No. 2004 - amending Section 15.02.035 of the Newport Beach
Municipal Code pertaining to the Uniform Administrative Code to clarify procedures and
requirements for handling solid waste from demolition activities.
DISCUSSION:
Background:
Please refer to Agenda Item #18 of the February 10, 2004 City Council Agenda and
Agenda Item #3 of the February 24, 2004 City Council Agenda for more background
information and discussion regarding the proposed ordinance.
It was previously stated that a public hearing would be held on this item. It has since
been determined that a public hearing is not required.
At the February 24, 2004 City Council meeting, Council reviewed this item and also
listened to public comments regarding the same. There was one public speaker, whose
company performs maritime construction and demolition work, who voiced concern that
this proposed ordinance revision would unfairly affect his business. Council directed
Municipal Code Amendment
March 23, 2004
Page 2
staff to take 30 days and review the proposed ordinance to address these concerns as
well as determine if a demolition permit is necessary for marine related demolitions and
the feasibility of recycling marine related demolition debris.
Staff from the General Services Department, Building Department, City Attorney's
Office, and City Manager's Office have met and reviewed the proposed ordinance as
well as related public comments. The conclusion was drawn that maritime construction,
where a pier is removed and replaced, does not require the issuance of a demolition
permit and therefore would not be subject to the requirements of this proposed
ordinance. The Building Director has stated that Section 17.24.010 requires a permit to
alter a structure in the harbor, but does not require a demolition permit. Although the
proposed ordinance will not directly affect pier removal and replacement, Section
12.63.030 still requires that all solid waste generated within the City must be hauled and
recycled by a franchised hauler. Staff does not recommend a waiver of this requirement
for maritime construction and demolition firms.
The City currently has twenty -two franchised haulers, thirteen of which are construction
and demolition contractors with the equipment capable of handling the debris generated
by pier removal and replacement. In addition, the County of Orange has five permitted
transfer stations and materials recovery facilities that are capable of receiving and
recycling construction and demolition debris. These facilities are CR Transfer in
Stanton, Rainbow Disposal in Huntington Beach, CVT in Anaheim, Sunset
Environmental in Irvine, and Madison Materials in Santa Ana. Each of these facilities
has the capacity to recycle a wide variety of solid waste including demolition materials,
treated lumber produced from pier and dock removal and replacement, and concrete
pilings.
Building Department staff also suggested that the original proposed fee ($1,750) set by
the proposed ordinance was too high, and recommended a tiered fee schedule be
utilized. The attached Demolition Contractor Certification and Deposit Form has been
amended to reflect a three tiered permit valuation system.
Upon approval of the proposed amendments to the Municipal Code, staff will provide
information to the Revenue Division to make the necessary changes to the Master Fee
Schedule for the tiered demolition fee. These changes will be submitted to Council at a
future Council meeting.
Environmental Analysis:
Not a project under CEQA.
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Municipal Code Amendment
March 23, 2004
Page 3
Public Notice:
The routine public notice of the ordinance amendments will be published after Council
approval of ordinance.
Prepared by:
J1 —Q
Jeremy' Hammond,
Management Assistant
Submitted by:
David E. Niederhaus,
Director
Attachments:(1) An Ordinance of the City Council of the City of Newport Beach
amending Section 15.02.035 of Title 15 of the Newport Beach Municipal
Code pertaining to Uniform Administrative Code
(2) Draft Demolition Contractor Certification and Deposit Form
ORDINANCE NO. 2004 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 15.02.035 OF
TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE UNIFORM ADMINISTRATIVE CODE
WHEREAS, State AB 939, the California Integrated Waste Management Act of 1989,
requires local governments to recycle a minimum of 50% of all solid waste generated.
WHEREAS, Chapter 12.63 of the Newport Beach Municipal Code provides that only a
franchised commercial solid waste enterprise can provide solid waste handling services within
the City of Newport Beach. Chapter 12.63 defines "solid waste" to include demolition and
construction wastes. Failure to use a franchised commercial solid waste enterprise for demolition
and construction wastes adversely impacts the City's ability to report disposal of solid wastes
and meet its recycling requirements.
WHEREAS, the Building Department issues demolition permits pursuant to Chapter 3 of
the Uniform Administrative Code adopted in Chapter 15.02 of the Newport Beach Municipal
Code. Permits must comply with both the technical codes and ordinances of the City of Newport
Beach.
WHEREAS, the General Services Department administers the Solid Waste Hauler
franchise program and is in charge of verifying compliance with the program.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 15.02.035 of Chapter 15.02 of the Newport Beach Municipal Code is amended
to read as follows:
15.02.035 Amendment to Section 303.1 of the Uniform Administrative Code.
Section 303.1 of the Uniform Administrative Code is amended to read as follows:
The application, plans specifications, computations and other data filed by an applicant for
permit shall be reviewed by the building official. Such plans may be reviewed by other
departments of this jurisdiction to verify compliance with any applicable laws under their
jurisdiction.
Prior to issuance of a demolition permit for complete demolition of a structure, the
permittee shall certify that a City franchised solid waste enterprise shall be used for the handling,
removal and disposal of all construction and demolition waste. A demolition permit deposit, set
by Resolution of the City Council, shall be paid at the time of submitting the demolition permit
application and the Demolition Contractor Certification and Deposit Form. Said deposit shall be
returned to the permittee, minus administrative fees set by Resolution of the City Council, at the
conclusion of the demolition proiect, upon the submittal of documentation that a franchised solid
waste enterprise was used to handle, remove and dispose of all demolition wastes. The
demolition permit deposit shall be forfeited in its entirety if a franchised solid waste enterprise is
not used to handle, remove and dispose of all demolition wastes.
If the building official finds that the work described in an application for a demolition
. permit and the plans, specifications and other data filed therewith conform to the requirements of
this code and the technical codes and other pertinent laws and ordinances, and that the fees
specified in Section 304 have been paid and that a franchised solid waste enterprise is being
used, the building official shall issue a permit therefor to the applicant. Prior to any demolition
activities authorized by the permit, the pennittee shall notify the General Services Department no
less than twenty -four hours or more than seventy -two hours in advance of its intent to commence
demolition and provide the name of the franchised solid waste enterprise that will conduct the
demolition activities. Any hauling or disposal of demolition and construction wastes by
than the identified franchised solid waste enterprise shall subiect the project to suspension of
work as authorized in this code.
When a permit is issued and plans are required, the building official shall endorse in
writing or stamp the plans and specifications APPROVED. Such approved plans and
specifications shall not be changed, modified or altered without authorizations from the building
official, and all work regulated by this code shall be done in accordance with the approved plans.
The building official may issue a permit for the construction of part of a building,
structure or building service equipment before the entire plans and specifications for the whole
building, structure or building service equipment have been submitted or approved, provided
adequate information and detailed statements have been filed complying with all pertinent
9
requirements of the technical codes. The holder of a partial permit shall proceed without
assurance that the permit for the entire building, structure or building service will be granted.
SECTION 2.
That if any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional.
SECTION 3.
This Ordinance shall be published once in the official newspaper of the City, and the
same shall be effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the _ day of , 2004, and was adopted on the _ day of
ATTEST:
CITY CLERK
2004, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
3
MAYOR
0
0
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
3300 NEWPORT BLVD.
P.O. Box 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3275
Demolition Contractor Certification and Deposit Form
Owner Name:
Property Address:_
Permittee Name:
Permit Number:
Franchised Hauler:
Permit Number:
DRAFT
Permi«ee I hereby certify that I have contracted with the above - mentioned City Franchised Solid
must �mnzl ❑ Waste or Demolition Contractor. I also certify that I understand I must contact Jeremy
Hammond (949) 644 -3064 with the General Services Department no less than 24 hours
or more than 72 hours prior to my intent to commence demolition activities
City of Newport Beach Municipal Code section 15.02.035: "A demolition permit deposit fee, as
• determined by the General Services Director, shall be paid at the time of submitting the
demolition permit. Said deposit shall be returned to the permittee, minus applicable fees, at the
conclusion of the demolition project assuming permittee follows applicable laws."
Permrttee
must
select
Per:datm:
mus
and
Idg
Dept.
staff use
D
Demolition Permit Deposit Fee:
Permit Valuation Table
❑Valuation of $0 to $4,999
Demo fee of $500
❑Valuation of $5,000 to $9,999
Demo fee of $1,000
❑Valuation above $10,000
Demo fee of $1,500
Demo fee based on valuation
Amount from table at right S
Staff time $ S150.00
(I hour Building Dept., 2 hours General Services Dept. C! $501hr)
Total Demolition Permit Deposit $
1, (Permittee) hereby certify that 1 understand that a City Franchise Hauler must be used to transport all For Admin Sacs. Use Only
construction and demolition debris generated as a result of the demolition referenced above. I agree that the
Staff time portion of this deposit (5150.00) is non - refundable. I further agree that the remainder of the deposi
will be forfeited if 1) a City franchised hauler is not used to haul construction and demolition debris from this
project and 2) 1 fail to notify the General services Department (949) 644 -3064 no less than twenty -four hours of
more than seventy -two hours in advance of my intent to commence demolition activities.
X Date:
Approved By: Date:
Receipt No.
Notification Date: Demo Date
Hauler: Fee Refund:
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
C0U4nCil AGENDA
N'0.. _ II
e3-a 3- UH
Agenda Item No. 3
February 24, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
David E. Niederhaus, Director, 949 - 644 -3055, dniederhaus(a)city.newgort-
beach.ca.us
SUBJECT: Amendments to the Newport Beach Municipal Code requiring use of
franchised solid waste haulers for demolition activities.
ISSUE:
Should the City amend Section 15.02.035 of the Newport Beach Municipal Code
. pertaining to the Uniform Administrative Code to clarify procedures and requirements for
handling waste from demolition activities?
RECOMMENDATION:
Adopt the Ordinance No. 2004 -_ amending Section 15.02.035 of the Newport Beach
Municipal Code pertaining to the Uniform Administrative Code to clarify procedures and
requirements for handling waste from demolition activities.
DISCUSSION:
Background:
Please refer to Agenda Item #18 of the February 10, 2004 City Council Agenda for more
background information and discussion regarding the proposed ordinance.
It was previously stated that a public hearing would be held on this item. It has since
been determined that a public hearing is not required.
Environmental Analysis:
Not a project under CEQA.
•
Municipal Code Amendment
February 24, 2004
Page 2
Public Notice:
The routine public notice of the ordinance amendments will be published after Council
approval of ordinance.
Prepared by:
Jerem Hammond,
Management Assistant
Attachments:
Submitted by:
David E. Niederhaus,
Director
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U
COUNCIL AGENDA
NO.,
CITY OF NEWPORT BEACH a_4y_OV
CITY COUNCIL STAFF REPORT
Agenda Item No. 18
February 10, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
David E. Niederhaus, Director, 949 - 644 -3055, dniederhaus ncity.newport-
beach.ca.us
SUBJECT: Amendments to the Newport Beach Municipal Code requiring use of
franchised solid waste haulers for demolition activities.
ISSUE:
Should the City amend Section 15.02.035 of the Newport Beach Municipal Code
pertaining to the Uniform Administrative Code to clarify procedures and requirements for
handling waste from demolition activities?
RECOMMENDATION:
Introduce Ordinance 2004 -_ amending Section 15.02.035 pertaining to the Uniform
Administrative Code for a first reading.
DISCUSSION:
Background:
This ordinance was originally introduced at the December 9, 2003 City Council meeting
(Agenda Item No. 7). After discussion by the City Council and City staff, this ordinance
has been further amended to better address the solid waste issues that arise with full -
scale demolitions that occur in the City.
Full -scale demolition projects are permitted only if a solid waste hauler franchised by the
City is used to haul the debris created by the project. All franchised haulers agree to
recycle solid waste as required by State Law AB 939. AB939, the California recycling
•mandate of 1989, required jurisdictions to divert 25% of their solid waste from landfills
by 1995 and continue to maintain a 50% recycling rate after December 31, 2000. In
Municipal Code Amendment
February 10, 2004
Page 2
addition, State regulations require that the City report annually on the status of A6939
implementation efforts.
Ordinance Amendments
General Services Department staff has prepared an amendment to the existing
demolition ordinance that will codify the requirement to notify the General Services
Department staff prior to the commencement of demolition activities. Under the
proposed changes, not only will the permittee be required to certify on the demolition
permit application that a franchised solid waste hauler will be used, but they will also
have to provide the name of the franchised entity when they notify the General Services
Department of their intent to begin demolition activities. This notification must occur
sometime between 24 to 72 hours prior to commencement of demolition activities. In
addition, the permittee will be required to place a $1,750 deposit with the City at the
time the demolition permit is issued. This deposit will be used to ensure that a
franchised hauler is used to haul all solid waste generated during the demolition
process. The Master Fee Schedule will also be amended to reflect the $1,750
demolition permit deposit and impose an hourly fee of $50.00 per staff hour, one -hour
minimum for Building Department staff and two hours minimum for General Services
staff, to review and process the application and inspect all full -scale demolitions. If it is •
determined that a non - franchised hauler was utilized to haul solid waste from the
demolition, the demolition permit deposit will be forfeited.
General Services Department staff will continue to visually inspect all proposed major
demolition projects and ensure that a franchised hauler is being utilized in demolition
and waste hauling activities in advance of the commencement of demolition activities.
The amendment also will allow the Building Director to stop work on a demolition project
when the waste is not being handled by a franchised hauler.
New legislation requires that cities include information on their construction and
demolition (C &D) debris diversion programs in the annual recycling reports to the
California Integrated Waste Management Board ( CIWMB). Each city's annual report
must now include a progress summary on diversion of construction and demolition
waste, including information on programs and ordinances implemented by the local
government, and quantitative date, where available. The CIWMB will look at whether a
city has implemented and improved C &D diversion programs in determining whether or
not a City has made a "good faith effort" to meet the solid waste diversion goals. The
proposed changes to the demolition ordinance will satisfy this requirement as well as
close a loophole in the current City C &D recycling program.
Environmental Analysis:
Not a project under CEQA.
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Municipal Code Amendment
February 10, 2004
Page 3
Public Notice:
Notice of the proposed ordinance change was submitted to the National Association of
Demolition Contractors, Southern California Chapter and all currently franchised
haulers. The routine public notice of the ordinance amendments will be published after
Council approval of first reading.
Prepared by:
Jer ammond,
Management Assistant
Submitted by:
David E. Niederhaus,
Director
Attachments: (1) An Ordinance of the City Council of the City of Newport Beach
amending Section 15.02.035 of Title 15 of the Newport Beach Municipal
Code pertaining to Uniform Administrative Code
(2) Demolition Contractor Certification and Deposit Form
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF •
NEWPORT BEACH AMENDING SECTION 15.02.035 OF
TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE UNIFORM ADMINISTRATIVE CODE
WHEREAS, State AB 939, the California Integrated Waste Management Act of 1989,
requires local governments to recycle a minimum of 50% of all solid waste generated.
WHEREAS, Chapter 12.63 of the Newport Beach Municipal Code provides that only a
franchised commercial solid waste enterprise can provide solid waste handling services within
the City of Newport Beach. Chapter 12.63 defines "solid waste" to include demolition and
construction wastes. Failure to use a franchised commercial solid waste enterprise for demolition
and construction wastes adversely impacts the City's ability to report disposal of solid wastes
and meet its recycling requirements.
WHEREAS, the Building Department issues demolition permits pursuant to Chapter 3 of
the Uniform Administrative Code adopted in Chapter 15.02 of the Newport Beach Municipal
Code. Permits must comply with both the technical codes and ordinances of the City of Newport •
Beach.
WHEREAS, the General Services Department administers the Solid Waste Hauler
franchise program and is in charge of verifying compliance with the program.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 15.02.035 of Chapter 15.02 of the Newport Beach Municipal Code is amended
to read as follows:
15.02.035 Amendment to Section 303.1 of the Uniform Administrative Code.
Section 303.1 of the Uniform Administrative Code is amended to read as follows: 0
The application, plans specifications, computations and other data filed by an applicant for
permit shall be reviewed by the building official. Such plans may be reviewed by other
departments of this jurisdiction to verify compliance with any applicable laws under their
jurisdiction.
Prior to issuance of a demolition permit for complete demolition of a structure, the
permittee shall certify that a City franchised solid waste enterprise shall be used for the handling,
removal and disposal of all construction and demolition waste. A demolition permit deposit, set
by Resolution of the City Council, shall be paid at the time of submitting the demolition permit
apmlication and the Demolition Contractor Certification and Deposit Form. Said deposit shall be
returned to the permittee, minus administrative fees set by Resolution of the City Council, at the
conclusion of the demolition project, upon the submittal of documentation that a franchised solid
waste enterprise was used to handle, remove and dispose of all demolition wastes. The
demolition permit deposit shall be forfeited in its entirety if a franchised solid waste enterprise is
not used to handle, remove and dispose of all demolition wastes.
If the building official finds that the work described in an application for a demolition
permit and the plans, specifications and other data filed therewith conform to the requirements of
• this code and the technical codes and other pertinent laws and ordinances, and that the fees
specified in Section 304 have been paid and that a franchised solid waste enterprise is being
used, the building official shall issue a permit therefor to the applicant. Prior to any demolition
activities authorized by the permit, the permittee shall notifv the General Services Department no
less than twentv -four hours or more than seventy -two hours in advance of its intent to commence
demolition and provide the name of the franchised solid waste enterprise that will conduct the
demolition activities. Any hauling or disposal of demolition and construction wastes by other
than the identified franchised solid waste enterprise shall subiect the project to suspension of
work as authorized in this code.
When a permit is issued and plans are required, the building official shall endorse in
writing or stamp the plans and specifications APPROVED. Such approved plans and
specifications shall not be changed, modified or altered without authorizations from the building
official, and all work regulated by this code shall be done in accordance with the approved plans.
The building official may issue a permit for the construction of part of a building,
structure or building service equipment before the entire plans and specifications for the whole
• building, structure or building service equipment have been submitted or approved, provided
adequate information and detailed statements have been filed complying with all pertinent
requirements of the technical codes. The holder of a partial permit shall proceed without
assurance that the permit for the entire building, structure or building service will be granted.
SECTION 2.
That if any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional.
SECTION 3.
This Ordinance shall be published once in the official newspaper of the City, and the
same shall be effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the _ day of 2004, and was adopted on the _ day of •
ATTEST:
CITY CLERK
, 2004, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
MAYOR
0
0
Owner N,,
Property,
Permittee
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
3300 NEWPORT BLVD.
P.O. Box 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3275
Demolition Contractor Certification and Deposit Form
Permit Number: Permit Number:
Franchised Hauler:
Permittee ❑ I hereby certify that I have contracted with the above - mentioned City Franchised Solid
must imual Waste or Demolition Contractor. I also certify that I understand I must contact Jeremy
Hammond (949) 644 -3064 with the General Services Department no less than 24 hours
or more than 72 hours prior to my intent to commence demolition activities
permittee
must sign
and date
[For Bldg ept. taff use
vc,. aff use
City of Newport Beach Municipal Code section 15.02.035: "A demolition permit deposit fee, as
determined by the General Services Director, shall be paid at the time of submitting the
demolition permit. Said deposit shall be returned to the permittee, minus applicable fees, at the
conclusion of the demolition project assuming permittee follows applicable laws."
Demolition Permit Deposit Fee:
Franchise fee paid to City of Newport Beach $1,600.00
(I 0a per NBMC 12.63.070)
Staff time $150.00
(1 hour Building Dept., 2 hours General Services Dept. @ $50/hr)
Total Demolition Permit Deposit $1,750.00
I, (Permittee) hereby certify that I understand that a City Franchise Hauler must be used to transport all
For Admin Svcs. Use Only
construction and demolition debris generated as a result of the demolition referenced above. 1 agree that the
Staff time portion of this deposit ($150.00) is non - refundable. I further agree that the remainder of the deposi
will be forfeited if 1) a City franchised hauler is not used to haul construction and demolition debri s from this
project and 2) I fail to notify the General Services Department (949) 644 -3064 no less than twenty-four hours o
more than seventy-two hours in advance of my intent to commence demolition activities.
X Date:
Approved By: Date:
Receipt No.
Notification Date: Demo Date
Hauler: Fee Refund:
AG 3.uW D A
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
December 9, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
David E. Niederhaus, Director, 949 - 644 -3055, dniederhaus@city.newport -
beach.ca.us
SUBJECT: Amendments to the Newport Beach Municipal Code requiring use of
franchised solid waste haulers for demolition activities.
ISSUE:
Should the City amend Section 15.02.035 of the Newport Beach Municipal Code
•pertaining to the Uniform Administrative Code to clarify procedures and requirements for
handling waste from demolition activities?
RECOMMENDATION:
Introduce Ordinance 2003 - amending Section 15.02.035 pertaining to the Uniform
Administrative Code for a first reading.
DISCUSSION:
Background:
AB939, the California Recycling Mandate of 1989, required jurisdictions to divert 25% of
their solid waste from landfills by 1995 and continue to maintain a 50% diversion rate
after December 31, 2000. In addition, State regulations require that the City report
annually on the status of AB939 implementation efforts.
In 1995, the City diverted 47% of its solid waste, easily surpassing the 1995 diversion
mandate of 25 %. In 2000, the City diverted in excess of 49% of its solid waste and was
awarded a good faith effort approval from the California Integrated Waste Management
Board (CIWMB). In 2001, the City continued to divert 49% of its solid waste, still shy of
the 50% recycling mandate, but the goal was waived by the CIWMB. The Board has
not yet released recycling figures for 2002.
Municipal Code Amendment
December 9, 2003
Page 2
In an effort to assist in recycling efforts, the City Council adopted an ordinance in 2001
amending the Municipal Code to require persons applying for a permit for complete
demolition of a structure to certify that a City franchised solid waste enterprise would be
used for handling, removal and disposal of demolition waste. The purpose of this
certification was to ensure the use of City franchised solid waste haulers for demolition
waste. Franchised haulers are bound by the City solid waste franchise agreement to
recycle waste, helping to ensure the City meets the minimum recycling requirement
under State law.
To date in 2003, there have been 123 certifications processed for major demolitions in
the City. As part of the certification process, staff requires the contractor to notify the
General Services Department staff 24 hours in advance of demolition activities. The
purpose of this requirement is to allow staff time to visually inspect the demolition site
and ensure the usage of a franchised solid waste hauler for the removal and recycling
of construction debris.
However, often a demolition may not occur for weeks or more after the permit is issued
and the contractor will not necessarily use the solid waste enterprise identified in the
permit application. Because of this, staff has determined that the certification process •
instituted in 2001 is not as effective as we had hoped. A number of demolitions are
occurring in the City through the use of unauthorized and non - franchised contractors
who remove a portion or all of the debris as a part of the demolition process and avoid
complying with the City's requirement to recycle waste. Often times, these demolition
contractors demolish a structure in such a way that the materials are not separated by
material type and therefore cannot be recycled. As a result of this type of demolition,
large amounts of debris are direct hauled to the landfills and there is no recycling credit
given to the City. Franchised haulers, including thirteen demolition contractors currently
franchised in the City of Newport Beach, are aware of the recycling mandate and
demolish a structure in such a way that a large amount of the debris can be recycled.
As a matter of process, all franchised solid waste haulers and demolition contractors are
required to pay a 16% franchise fee for the right to perform such services in the City.
When unauthorized contractors undertake large demolition projects not only does the
City lose the recycling credit, but also the franchise fees. In addition, there is a fairness
issue in that non- franchised contractors are avoiding the payment of franchise fees and
can provide lower bid prices for demolition projects than franchised haulers.
Ordinance amendments
General Services Department staff has prepared an amendment to the existing
demolition ordinance that will codify the requirement to notify the General Services
Department staff prior to the commencement of demolition activities. Under the
proposed changes, not only will the permittee be required to certify on the demolition
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Municipal Code Amendment
December 9, 2003
Page 3
permit application that a franchised solid waste hauler will be used, but they will also
have to provide the name of the franchised entity when they provide the General
Services Department with 24 hours notice. The General Services Department will
continue to visually inspect all proposed major demolition projects and ensure that a
franchised hauler is being utilized in demolition and waste hauling activities in advance
of the commencement of demolition activities. The amendment also will allow the
Building Director to stop work on a demolition project for which the waste is not being
handled by a franchised hauler.
New legislation requires that cities include information on their construction and
demolition (C &D) debris diversion programs in the annual recycling reports to the
California Integrated Waste Management Board ( CIWMB). Each city's annual report
must_;now include a progress summary on diversion of construction and demolition
waste.,: including information on programs and ordinances implemented by the local
government, and quantitative date, where available. The CIWMB will look at whether a
city has implemented C &D diversion programs in determining whether or not a City has
made a "good faith effort" to meet the waste diversion goals. The proposed changes to
the demolition ordinance will satisfy this requirement as well as close a loophole in the
City's recycling program.
Environmental Analysis:
Not a project under CEQA.
Public Notice:
Notice of the proposed ordinance change was submitted to the National Association of
Demolition Contractors, Southern California Chapter. The routine public notice of the
ordinance amendments will be published after Council approval of first reading.
Prepared by:
Jerem/ f• ammond,
Management Assistant
Submitted by:
David E. Niederhaus,
Director
Municipal Code Amendment
December 9, 2003
Page 4
Attachments:An Ordinance of the City Council of the City of Newport Beach amending
Section 15.02.035 of Title 15 of the Newport Beach Municipal Code
pertaining to Uniform Administrative.Code
0
I"1
f,J
ORDINANCE NO. 2003-
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 15.02.035 OF
TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE UNIFORM ADMINISTRATIVE CODE
WHEREAS, State AB 939, the. California Integrated Waste Management Act of 1989,
requires local governments to recycle a minimum of 50% of all solid waste generated.
WHEREAS, Chapter 12.63 of the Newport Beach Municipal Code provides that only a
franchised commercial solid waste enterprise can provide solid waste handling services within
the City of Newport Beach. , Chapter 12.63 defines "solid waste" to include demolition and
construction wastes. Failure to use a franchised commercial solid waste enterprise for demolition
and construction wastes adversely impacts the City's ability to report disposal of solid wastes
and meet its recycling requirements.
WHEREAS, the Building Department issues demolition permits pursuant to Chapter 3 of
the Uniform Administrative Code adopted in Chapter 15.02 of the Newport Beach Municipal
• Code. Permits must comply with both the technical codes and ordinances of the City of Newport
Beach.
WHEREAS, the General Services Department administers the Solid Waste Hauler
franchise program and is in charge of verifying compliance with the program.
THE CITY COUNCIL OF THE CITY" OF NEWPORT BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 15.02.035 of Chapter 15.02 of the Newport Beach Municipal Code is amended
to read as follows:
15.02.035 Amendment to Section 303.1 of the Uniform Administrative Code.
• Section 303.1 of the Uniform Administrative Code is amended to read as follows:
The application, plans specifications, computations and other data filed by an applicant for
permit shall be reviewed by the building official. Such plans may be reviewed by other •
departments of this jurisdiction to verify compliance with any applicable laws under their
jurisdiction.
Prior to issuance of a demolition permit for complete demolition of a structure, the
permittee shall certify that a City franchised solid waste enterprise shall be used for the handling,
removal and disposal of all construction and demolition waste.
If the building official finds that the work described in an application for a demolition
permit and the plans, specifications and other data filed therewith conform to the requirements of
this code and the technical codes and other pertinent laws and ordinances, and that the fees
specified in Section 304 have been paid and that a franchised solid waste enterprise is beine
used, the building official shall issue a permit therefor to the applicant. Prior to any demolition
activities authorized by the permit. the permittee shall notify the General Services Department no
less than twentv -four hours in advance of its intent to commence demolition and provide the
name of the franchised solid waste enterprise that will handle the demolition waste. Any
handling or disposal of demolition and construction wastes conducted by other than the •
identified franchised solid waste enterprise shall be subiect to suspension of work. as authorized
in this code.
When a permit is issued and plans are required, the building official shall endorse in writing
or stamp the plans and specifications APPROVED. Such approved plans and specifications shall
not be changed, modified or altered without authorizations from the building official, and all
work regulated by this code shall be done in accordance with the approved plans.
The building official may issue a permit for the construction of part of a building, structure
or building service equipment before the entire plans and specifications for the whole building,
structure or building service equipment have been submitted or approved, provided adequate
information and detailed statements have been filed complying with all pertinent requirements of
the technical codes. The holder of a partial permit shall proceed without assurance that the permit
for the entire building, structure or building service will be granted.
SECTION 2.
0 That if any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional.
SECTION 3.
This Ordinance shall be published once in the official newspaper of the City, and the
same shall be effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the _ day of , 2003, and was adopted on the _ day of
•
ATTEST:
CITY CLERK
0
2004, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
MAYOR
F:ti�L'JI
ORDINANCE NO. 2004 -2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 15.02.035 OF
TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE UNIFORM ADMINISTRATIVE CODE
WHEREAS, State AB 939, the California Integrated Waste Management Act of 1989,
requires local governments to recycle a minimum of 50% of all solid waste generated.
WHEREAS, Chapter 12.63 of the Newport Beach Municipal Code provides that only a
franchised commercial solid waste enterprise can provide solid waste handling services within
the City of Newport Beach. Chapter 12.63 defines "solid waste" to include demolition and
construction wastes. Failure to use a franchised commercial solid waste enterprise for demolition
and construction wastes adversely impacts the City's ability to report disposal of solid wastes
and meet its recycling requirements.
WHEREAS, the Building Department issues demolition permits pursuant to Chapter 3 of
the Uniform Administrative Code adopted in Chapter 15.02 of the Newport Beach Municipal
Code. Permits must comply with both the technical codes and ordinances of the City of Newport
Beach.
WHEREAS, the General Services Department administers the Solid Waste Hauler
franchise program and is in charge of verifying compliance with the program.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 15.02.035 of Chapter 15.02 of the Newport Beach Municipal Code is amended
to read as follows:
15.02.035 Amendment to Section 303.1 of the Uniform Administrative Code.
Section 303.1 of the Uniform Administrative Code is amended to read as follows:
The application, plans specifications, computations and other data filed by an applicant for
permit shall be reviewed by the building official. Such plans may be reviewed by other
departments of this jurisdiction to verify compliance with any applicable laws under their
jurisdiction.
Prior to issuance of a demolition permit for complete demolition of a structure, the
permittee shall certify that a City franchised solid waste enterprise shall be used for the handling,
removal and disposal of all construction and demolition waste. A demolition permit deposit, set
by Resolution of the City Council, shall be paid at the time of submitting the demolition permit
application and the Demolition Contractor Certification and Deposit Form. Said deposit shall be
returned to the permittee, minus administrative fees set by Resolution of the City Council, at the
conclusion of the demolition project, upon the submittal of documentation that a franchised solid
waste enterprise was used to handle, remove and dispose of all demolition wastes. The
demolition permit deposit shall be forfeited in its entirety if a franchised solid waste enterprise is
not used to handle, remove and dispose of all demolition wastes.
If the building official finds that the work described in an application for a demolition
permit and the plans, specifications and other data filed therewith conform to the requirements of
this code and the technical codes and other pertinent laws and ordinances, and that the fees
specified in Section 304 have been paid and that a franchised solid waste enterprise is being
used, the building official shall issue a permit therefore to the applicant. Prior to an) demolition
activities authorized by the permit, the permittee shall notify the General Services Department no
less than twenty -four hours or more than seventy -two hours in advance of its intent to commence
demolition and provide the name of the franchised solid waste enterprise that will conduct the
demolition activities. Any hauling or disposal of demolition and construction wastes by other
than the identified franchised solid waste enterprise shall subject the project to suspension of
work as authorized in this code.
When a permit is issued and plans are required, the building official shall endorse in
writing or stamp the plans and specifications APPROVED. Such approved plans and
specifications shall not be changed, modified or altered without authorizations from the building
official, and all work regulated by this code shall be done in accordance with the approved plans.
The building official may issue a permit for the construction of part of a building,
structure or building service equipment before the entire plans and specifications for the whole
building, structure or building service equipment have been submitted or approved, provided
adequate information and detailed statements have been filed complying with all pertinent
requirements of the technical codes. The holder of a partial permit shall proceed without
assurance that the permit for the entire building, structure or building service will be granted.
SECTION 2.
That if any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional.
SECTION 3.
This Ordinance shall be published once in the official newspaper of the City, and the
same shall be effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the 10th day of February 2004, and was adopted on the 23rd day of March 2004,
by the following vote to wit:
AYES, COUNCIL MEMBERS Heffernan, Rosans
Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
NOES, COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
c
3
STATE OF CALIFORNIA
COUNTY OF ORANGE ; ss.
CITY OF NEWPORT BEACH
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California. do
hereby certify that the whole number of members of the City Council is seven: that the foregoing
ordinance, being Ordinance No. 2004 -2 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd
day of March 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nicbols, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of March 2004.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2004 -2 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot. a daily
newspaper of general circulation on the following date, to wit: March 27, 2004.
2004.
In witness whereof, I have hereunto subscribed my name this day of
City Clerk
City of Newport Beach. California