HomeMy WebLinkAbout- - Penalties for Non-Compliance Hauling Rep - 12/7/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 7, 2010 ITEM NUMBER:
SUBJECT: RESOLUTION ESTABLISHING ADMINISTRATIVE PENALTIES FOR NON-COMPLIANCE
WITH COSTA MESA'S SOLID WASTE HAULING PERMIT REQUIREMENTS FOR
CONSTRUCTION PROJECTS
DATE: NOVEMBER 24, 2010
FROM: PUBLIC SERVICES DEPARTMENT/ADMINISTRATION DIVISION
PRESENTATION PETER NAGHAVI, DIRECTOR, DEPARTMENT OF PUBLIC SERVICES
BY:
FOR FURTHER INFORMATION CONTACT: PETER NAGHAVI AT (714) 754-5343
RECOMMENDATION:
Adopt a Resolution (Attachment 1) that establishes an administrative penalty of $1,000, or
3% of total project value, as well as defers City issuance of the Certificate of Occupancy (C
of O) for non-compliance with the City's solid waste hauling permit requirements for
construction projects.
BACKGROUND:
In 1993, the City of Costa Mesa established a permit system to assist in the
management of solid waste hauling. Since its inception and evolution into a non-
exclusive franchise, the City's hauling permit system has had difficulty incorporating all
waste haulers into the fold. Historic efforts to curb non -permitted hauling, such as City -
issued warning letters to identify illegal haulers and periodic sweeps from the City's solid
waste consultant, have never secured complete hauler compliance.
At their August 17, 2010, meeting, the City Council approved staff's request to establish
and implement a tracking system to prevent illegal hauling of construction and
demolition debris waste within the City.
ANALYSIS:
The recently established rules by the City will require all construction projects exceeding
$10,000 in value to provide proof documenting that they utilized a waste hauler that is
franchised with the City. The Resolution will impose a fine of $1000, or 3% of the
building valuation for projects valued at $10,000 or greater. Based on City Council's
directive, the Resolution will also allow City staff to defer issuance of the C of O until
such time the project applicant has provided acceptable documentation adhering with
the above requirements.
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ALTERNATIVES CONSIDERED:
No other alternatives may be considered since the City Council at their August 7, 2010,
approved the establishment and implementation of the tracking system.
FISCAL REVIEW:
The adoption of this Resolution does not have any fiscal impact to the City.
LEGAL REVIEW:
The City Attorney's Office has prepared and approved the Resolution as to form.
CONCLUSION:
Adopting the attached Resolution will enable staff to implement the Council -approved
requirements.
PETER NAGHAVI
Director, Department of Public Services
KIMBERLY BRANDT KIMBERLY HALL BARLOW
Development Services Director City Attorney
ATTACHMENTS: 1 Resolution
2 City Council Agenda Report — August 17, 2010
3 Construction/Demolition Project Hauling Agreement
4 Costa Mesa Municiaal Code Section 8-83
DISTRIBUTION: City Manager
Assistant City Manager
City Clerk
City Attorney
Development Services Director
Director of Public Services
Resolution — Penalties for Non -Compliance - Const. Hauling Requirements 11/22/10 8:00 a.m.
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