CITY OF LAGUNA NIGUEL
CITY CouncIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Assistant City Manager
DATE: August 15, 2023
SUBJECT: Introduction of Ordinance No. 2023-224 Amending the Construction and Demolition Waste Recycling Program and the Organic Waste Disposal Reduction Requirements to the Laguna Niguel Municipal Code
RECOMMENDATION
Staff recommends that the City Council:
1. Waive full reading, make any amendments to, and introduce Ordinance No. 2023- 224 by title:
ORDINANCE NO. 2023-224
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING DIVISION 3 OF TITLE 6 OF THE LAGUNA NIGUEL MUNICIPAL
CODE REGARDING CONSTRUCTION AND DEMOLITION WASTE
RECYCLING PROGRAM AND ORGANIC WASTE DISPOSAL REDUCTION
REQUIREMENTS, AND MAKING A DETERMINATION OF EXEMPTION
UNDER CEQA IN CONNECTION THEREWITH
2. Direct that the proposed ordinance be placed on the agenda for the September 5, 2023, City Council Meeting for adoption.
BACKGROUND
Construction and Demolition
On October 21, 2003, the City Council adopted Ordinance No 2003-131, establishing the Construction and Demolition (C&D) Waste Recycling Program to the Laguna Niguel Municipal Code. This ordinance was developed to aid the City in meeting its California Waste Management Act of 1989 (AB 939) diversion requirements and CalGreen Provisions.
The C&D Waste and Recycling Program provides affected contractors and builders with requirements to ensure good faith efforts are made to obtain minimum diversion requirements. The C&D Waste Recycling Program requires applicants for construction and demolition projects to obtain a permit, submit a recycling deposit and divert construction demolition waste from the landfill to a recycling facility. Failure to achieve targeted diversion requirements results in the applicant forfeiting their security deposit.
Senate Bill 1383 Organic Waste Disposal
On May 4, 2021, the City Council adopted Ordinance No. 2021-209, adding organic waste disposal reduction requirements to the Laguna Niguel Municipal Code. This ordinance was developed as a result of Senate Bill 1383, a state mandate requiring cities to adopt an enforcement ordinance to compel businesses and residents to recycle their organic waste and comply with other requirements of the regulation. As a result of SB 1383, the California Department of Resources Recycling and Recovery (CalRecycle), which is the state department tasked with administering California's waste and recycling programs, developed prescriptive regulations to achieve the State's outlined organic waste disposal goals by 2025. In November 2020, CalRecycle released the final regulations for SB 1383.
As a result of Senate Bill 1383 and the regulations established by CalRecycle, the City has been implementing the following practices to be considered compliant:
• Providing organic waste recycling services to all residents and businesses; • Inspecting and enforcing compliance with SB 1383 through the City's adopted enforcement ordinance;
• Implementing an edible food recovery program that recovers edible food from the waste stream;
• Conducting outreach and education with all stakeholders, including generators, haulers, facilities, and edible food recovery organizations; • Procuring recycled organic waste products like compost, mulch, and renewable natural gas; and,
• Maintaining accurate and timely records of SB 1383 compliance for annual reporting requirements.
Since the adoption of Ordinance No. 2021-209, staff has made significant strides in implementing organic waste reduction requirements, serving as a leader in Orange County.
Staff is now bringing forth an Ordinance to update both the Construction and Demolition and Organic Waste Disposal sections of the Laguna Niguel Municipal Code.
ANALYSIS
Construction and Demolition - Use of Security Deposit & Appeals he Construction and Demolition Waste Recycling Program requires all applicants to pos a security deposit to guarantee the performance of the diversion requirements. Sectio 6-3-606 of the Laguna Niguel Municipal Code outlines the provisions in which a security deposit will be refunded partially or in full. When the C&D program applicants fail to comply with diversion requirements, security deposit funds are forfeited to the City, and forfeited funds are permitted to be used for the following activities as outlined in Section 6-3-608 of the Laguna Niguel Municipal Code:
• Payment of refunds of security deposits;
• Administrative costs of the construction and demolition waste recycling program which are not covered by the application fee established pursuant to this article; • Programs to divert construction and demolition waste from landfill disposal and other recycling programs;
• Programs intended to develop or improve the infrastructure needed to divert construction and demolition waste from landfill disposal and other recycling programs.
Staff conducted an analysis of surrounding cities' use of forfeited security deposits and determined that the existing permitted use of security deposits can be modified to more accurately reflect the program's needs. The proposed revisions modeled primarily after surrounding cities included in Ordinance No. 2023-224 (Attachment A) permit the use of forfeited security funds for educational programs related to recycling and solid waste disposal, special waste collection programs, and develop environmental sustainability efforts. The proposed revisions in Ordinance No. 2023-224 will also permit forfeited deposits to be transferred to the City's General Fund.
The Construction and Demolition Waste Recycling Program permits applicants under Section 6-3-609 of the Laguna Niguel Municipal Code to submit an appeal. The proposed revisions included in Ordinance No. 2023-224 modifies Section 6-3-309, clarifying that the security deposit forfeiture shall be administered as an administrative citation for the failure of an applicant to fulfill all Construction and Demolition Waste Recycling Program requirements. The proposed revision aligns the Construction and Demolition Waste Recycling Program with the City's current practices for administrative citations.
Organics Waste Disposal Code Update
Staff, in conjunction with the City's environmental services consultant EcoNomics Inc., and Franchise Waste Hauler CR&R Environmental Services Inc., continue to work in tandem to implement the requirement of Senate Bill 1383. As staff continues to implement the requirements of Senate Bill 1383, additional strategies and industry best practices have been identified to assist with implementation efforts. The proposed amendments to the municipal code will provide the City with the requisite instruments to successfully implement SB 1383 regulations.
Waivers for Generators
SB 1383 allows for the use of physical space and de minimis waivers exempting commercial generators from organic waste collection. Section 6-3-703 of the Laguna Niguel Municipal Code states that a generator must submit an application to the City to receive a waiver. The City has identified a streamlined approach to better assist commercial generators. The amended language to section 6-3-703 of the Laguna Niguel Municipal Code will allow the City to grant waivers when it comes to the City's attention that a generator meets eligibility requirements. This amended language will better serve the City's commercial generator and provide potential cost savings associated with administering Senate Bill 1383.
Waste Diversion at Special Event
SB 1383 regulations establish waste diversion requirements to reduce recyclable products and organic waste from entering the landfill. The proposed addition of section 6-3-800 to the Laguna Niguel Municipal Code would require large special events, defined as 1,000 or more attendees, to place a $500 refundable deposit when they pull a temporary use permit (TUP). Event organizers will need to provide a waste diversion plan demonstrating the appropriate collection of solid waste. The deposit would be refunded within 30 days after the event following applicable documentation verifying compliance with the approved waste diversion plan.
ALTERNATIVES CONSIDERED
The City Council may:
1. Decide not to adopt Ordinance No. 2023-224, however staff does not recommend this as adoption of this Ordinance provides the City with greater ability to manage Construction and Demolition Waste Recycling Program forfeited security deposit funds and improve compliance with SB 1383 Regulations.
2. Direct staff to return with a revised ordinance to be presented at a future City Council meeting.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
City staff has evaluated proposed Ordinance No. 2023-224 to determine whether it will have a significant effect on the environment. Staff has determined that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant t State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in Ordinance No. 2023-224 will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.
FISCAL REVIEW
There is no fiscal impact on the City as a result of the adoption of Ordinance No. 2023- 224. The passage of Ordinance 2023-224 will not directly impact solid waste collection rates or the Construction and Demolition Waste Program Security Deposit Rates.
LEGAL REVIEW
This report and Ordinance No. 2023-224 were drafted in collaboration with the City Attorney's Office. The City Attorney's Office has reviewed this report and ordinance as to
CONCLUSION
Staff recommends that the City Council:
1. Waive full reading, make any amendments to, and introduce Ordinance No. 2023- 224 by title:
ORDINANCE NO. 2023-224
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING DIVISION 3 OF TITLE 6 OF THE LAGUNA NIGUEL MUNICIPAL
CODE REGARDING CONSTRUCTION AND DEMOLITION WASTE
RECYCLING PROGRAM AND ORGANIC WASTE DISPOSAL REDUCTION
REQUIREMENTS, AND MAKING A DETERMINATION OF EXEMPTION
UNDER CEQA IN CONNECTION THEREWITH
2. Direct that the proposed ordinance be placed on the agenda for the September 5, 2023, City Council Meeting for adoption.
Justin quater Martin
Tamara S. Letourneau
City Manager Assistant City Manager
Keim X. Öcomor
Scott C. Smith Kevin X. O'Connor
City Attorney Management Assistant
Attachments:
A. Ordinance 2023-224
ATTACHMENT A
Ordinance 2023-224
ORDINANCE NO. 2023-224
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING DIVISION 3 OF TITLE 6 OF THE LAGUNA NIGUEL MUNICIPAL
CODE REGARDING CONSTRUCTION AND DEMOLITION WASTE
RECYCLING PROGRAM AND ORGANIC WASTE DISPOSAL REDUCTION
REQUIREMENTS, AND MAKING A DETERMINATION OF EXEMPTION
UNDER CEQA IN CONNECTION THEREWITH
WHEREAS, the City of Laguna Niguel, California ("City") is a municipal corporation duly organized under the constitution and laws of the State of California; and WHEREAS, on October 21, 2003, the City Council adopted a Construction and Demolition Waste Recycling Program to promote the recycling of construction and demolition waste to protect the health, safety and welfare of City residents, and to assist in meeting the City's obligations under California Waste Management Act of 1989 (Assembly Bill 939); and
WHEREAS, each applicant who applies for a permit for a covered project under the Construction and Demolition Waste Recycling Program shall post a security deposit to guarantee performance of the diversion requirement; and WHEREAS, each applicant who fails to submit the required documentation outlined in Section 6-3-606, and if the applicant has not made a good faith effort to comply with Article 6 Construction and Demolition Waste Recycling Program of Title 6 Health and Sanitation, shall forfeit the security deposit to the City; and WHEREAS, this Ordinance provides the City with greater ability to manage the use of forfeited security deposits to manage environmental programs and achieve sustainability objectives; and
WHEREAS, Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations (SB 1383 Regulations) place requirements on multiple entities, including the City, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support the achievement of statewide organic waste disposal reduction targets; and
WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations; and
WHEREAS, on May 4, 2021, the City Council conducted and concluded a duly noticed public hearing adopting Ordinance 2021-209, bringing the City in compliance with SB 1383 Regulations; and
WHEREAS, this Ordinance provides the City with enhanced latitude in gaining compliance and enforcement of SB 1383 Regulations.
THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals above are true and correct and are incorporated herein by this reference.
SECTION 2. Section 6-3-608. Section 6-3-608 (Use of Security Deposit) of Article 6 (Construction and Demolition Waste Recycling Program) of Division 3 (Sewage and Solid Waste Disposal) of Title 6 (Health and Sanitation) of the Laguna Niguel Municipal Code is amended to read as follows (for reference added language is underlined and language proposed to be removed is stuck through):
"Sec. 6-3-608 - Use of Security Deposits
Security deposits, including forfeited security deposits pursuant to Section 6-3-607, received by the City shall only be used for solid waste and recycling related purposes and other lawful purposes, including but not limited to the following:
(1) Payment of refunds, including partial refunds, of security deposits. (2) Administrative costs of the construction and demolition waste recycling program, which are not covered by the application fee established pursuant to this article. (3) Programs to divert construction and demolition waste from landfill disposal and other recycling programs.
(4) Programs intended to develop or improve the infrastructure needed to divert construction and demolition waste from landfill disposal and other recycling programs.
(5) The funding of additional programs and activities that are approved by the City Council for any or all of the following purposes:
a. To encourage the salvage, reuse, and recycling of solid waste, including construction and demolition waste.
b. To assist local schools in developing educational programs relating to recycling and solid waste disposal and implementing waste reduction, recycling. and diversion plans and activities.
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c. To develop and implement new recycling or disposal programs for unique items in the waste stream, including, without limitation, universal waste, batteries, sharps, and fluorescent lights.
d. To develop and implement additional outreach and education programs and projects that assist the City in achieving its sustainability goals, including energy and water conservation, pollution prevention, reduction of solid waste from landfill disposal, reduction of greenhouse gas emissions and similar programs related to environmental issues.
e. Programs and staff for recycling implementation and education efforts. f. Educate generators and handlers of solid waste in the City regarding solid waste recycling and disposal alternatives.
g. Review accuracy of contracted hauler reports, waste reduction and recycling plans and other records for collection, processing, and marketing of divertible materials and for collection and disposal of municipal solid waste. h. To further develop environmental sustainability efforts within the City. i. Transfer to the general fund."
SECTION 3. Section 6-3-703. Section 6-3-703 (Waivers for Generators) of Article 7 (Organic Waste Disposal Reduction) of Division 3 (Sewage and Solid Waste Disposal) of Title 6 (Health and Sanitation) of the Laguna Niguel Municipal Code is amended to read as follows:
"Sec. 6-3-703 - Waivers for Generators
(a) De minimis waivers: The City may waive a commercial business' obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this article if the commercial business provides documentation or if the City has evidence demonstrating, that the business generates below a certain amount of organic waste material as described in section 6-3-703(a)(2) below. If the City has sufficient evidence demonstrating that a commercial business generates below a certain amount of organic waste as described in section 6-3-703(a)(2), it may verify that the commercial businesses' organic waste generation meets the threshold without the receipt of a waiver application as described in section 6-3-703(a)(1). As part of the organic waste generation verification process, the City may request documentation from the commercial business as described in section 6-3-703(a) 2).
Commercial businesses requesting a de minimis waiver shall:
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(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in section 6-3-703(a)(2) below. (2) Provide documentation that either:
a. The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or,
b. The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business' total waste.
(3) Notify City if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every five years, if City has approved de minimis waiver.
(b) Physical space waivers: City may waive a commercial business or property owner's obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of section 6- 3-701 or 6-3-702.
A commercial business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to City that it is still eligible for physical space waiver every five years, if City has approved application for a physical space waiver." SECTION 4. Section 6-3-800. Division 3 (Sewage and Solid Waste Disposal) of Title 6 (Health and Sanitation) of the Laguna Niguel Municipal Code is hereby amended to add Article 8 (Special Collection) to read as follows:
"Article 8 - Special Collection
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Sec. 6-3-800 Waste Diversion Programs at Special Events (a) The promoter, coordinator or responsible party for a special event held within the City must provide a level of municipal solid waste storage, collection and disposal, and recyclable materials and food scraps storage, collection and diversion, sufficient to handle all such materials generated at the special event. (b) This section shall apply to special events with 1,000 or more attendees. (c) The responsible party shall, as part of the special event permit application, submit an implementation plan for the handling and diversion of recyclable materials and food scraps generated at the event that meets the requirements of this section 6-3-800.
The responsible party shall submit a refundable deposit of $500.00 with the special event application.
(d) The promoter, coordinator or responsible party shall provide containers at appropriate locations at the special event to facilitate the source separation of municipal solid waste, recyclable materials and food scraps by event employees, vendors and attendees.
(e) The three types of containers shall:
(1) Be appropriate in number and size with respect to the quantity of municipal solid waste, recyclable materials, and food scraps anticipated to be generated at the special event.
(2) Bear appropriate signage to identify the type of materials to be contained.
Containers shall meet any additional design criteria established by the City. (3) Be placed together as municipal solid waste, recyclable materials and food scrap material stations throughout the special event venue to provide equally convenient access to users for disposal of municipal solid waste and diversion of recyclable materials and food scraps.
(f) If the promoter or coordinator determines that vendor booths at the special event will require municipal solid waste containers, the vendors shall receive from the coordinator, promoter or responsible party a set of the three containers bearing appropriate signage to identify the type of material to be contained in each container. (g) The use of public municipal solid waste containers or public recycling or food scrap containers at special events is prohibited. The promoter, coordinator or responsible party shall remove or cover all public municipal solid waste, recycling and food scraps receptacles to prevent their use during the special event. (h) The promoter, coordinator or responsible party shall arrange for the collection of all municipal solid waste, recyclable materials and food scraps at frequencies that prevent the overflow of said materials from storage containers at the special event.
For special events of more than one day in duration, all municipal solid waste, recyclable materials and food scraps must be either collected and transported off site at the end of each day or emptied into interim containers (lidded wheeled carts, lidded - 5-
bins or covered roll off boxes) at the end of each day as required to prevent odors, vectors and blowing litter.
(i) The promoter, coordinator or responsible party shall arrange for the collection and transport of all municipal solid waste to a fully permitted landfill or other fully permitted disposal site and shall arrange for the collection and transport of all recyclable materials and food scraps to permitted processing facilities for these materials to be diverted.
(i) The promoter, coordinator or responsible party shall obtain weight tickets from the disposal site and all permitted processing facilities showing the date and weight of the materials delivered to the facility from the special event. The promoter, coordinator or responsible party shall submit the following information to the City within 30 days of the end of the special event:
(1) Name and date(s) of the special event.
(2) Contact information for the responsible party, promoter or coordinator. (3) Address of location where event was held.
(4) Number of attendees for each day of the event.
(5) Quantity of municipal solid waste collected and disposed. (6) Quantity of recyclable materials collected and disposed. (7) Quantity of food scraps collected and disposed.
(8) Copies of weight tickets from municipal solid waste disposal facility and all permitted processing facilities where recyclable materials and food scraps were delivered
(k) The diversion deposit paid by the promoter, coordinator or responsible party shall be returned upon City verification that the diversion programs were carried out in compliance with this section 6-3-800. The diversion deposit shall be retained by the City in the event the City enforcement official or their designee determines that the solid waste diversion program was not implemented in compliance with this section." SECTION 5. Section 6-3-609. Section 6-3-609 (Appeals) of Article 6 (Construction and Demolition Waste Recycling Program) of Division 3 (Sewage and Solid Waste Disposal) of Title 6 (Health and Sanitation) of the Laguna Niguel Municipal Code is amended to read as follows:
"Sec. 6-3-609. - Appeals.
(a) Applicants may appeal to the community development director any decision of the C&D compliance officer, including denial of exemptions, refusal to approve waste reduction and recycling plans, and refusals to refund security deposits (also known as "security deposit forfeiture").
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(b) A notice of appeal from the decision of the C&D compliance officer must be filed with the community development director within ten calendar days of the date that the decision being appealed was made by the C&D compliance officer. (c) For purposes of this section, security deposit forfeiture shall be administered as an administrative citation for failure of applicant to fulfill all Construction and Demolition Waste Recycling Program requirements. All notice, notice contents, procedures, administrative hearing requests and procedures, decisions, and rights to judicial review shall be made and enforced pursuant to Article 2 (Administrative Citations) of Division 3 (Citations in Lieu of Arraignment) of Title 1 (General Provisions) commencing with Section 1-3-11 of this municipal code.
(c)(d) The notice of appeal shall set forth the particular decision or decisions being appealed, the reasons the appellant contends that the decision or decisions are incorrect, and all supporting documentation.
(d)(e) The failure to file a notice of appeal of a decision made by the C&D compliance officer within the time prescribed herein shall constitute a waiver of any complaint or objection to that decision and such decision shall be final. (e)(f) The community development director shall review the notice of appeal and supporting documentation, hold a hearing where applicable, and render a decision on the appeal."
SECTION 6. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.
SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 8. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage.
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SECTION 9. Publication. The City Clerk shall certify the adoption of this Ordinance and shall post or publish this Ordinance as required by law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Laguna Niguel this _ day of , 2023.
Kelly Jennings, Mayor
ATTEST:
Marissa Asistin, City Clerk
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