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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. 0 • I] 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 • • n 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. • n U • 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 • IKI 11 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