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HomeMy WebLinkAboutCity Councilmember Item - Councilmembers Peterson & O'Connel �® CITY OF HUNTINGTO tACH INTERDEPARTMENTAL COMMUNICATION CONFIDENTIAL LAWYER-CLIENT COMMUNICATION TO: HONORABLE MAYOR HARDY AND MEMBERS OF THE CITY COUNCIL FROM: ERIK PETERSON and BILLY O'CONNELL, City Council Members DATE: May 11, 2015 SUBJECT: City Council Member Item for the May 18, 2015 City Council Meeting; Clean Air and Litter Reduction Ordinance STATEMENT OF ISSUE: The City of Huntington Beach has always undertaken to keep its environment clean and free of litter. Since the adoption of the California Integrated Waste Management Act in 1989 (AB 939), the City of Huntington Beach has been a leader in the diversion of solid waste from landfills through recycling and other waste reduction programs. Working with the City's solid waste contractor, Rainbow Environmental Services, in 2006 the City Council approved residential recycling and green waste separation via the current 3-cart automated collection system. This has further increased the diversion of the City's solid waste from landfills. Huntington Beach has successfully met all of the State's mandatory recycling and waste reduction goals to date, and a good part of this success is due to the cooperation and diligence of our citizens in handling their trash, recyclables, and green waste responsibly. Yet there is more to be done, especially in the areas of containing the collection, transportation, storage and disposal of solid waste, and improving air quality. Trapping and enclosing waste receptacles and other waste devices will reduce litter and improve the cleanliness of our air and environment. RECOMMENDED ACTION: To reduce litter and promote better air quality in Huntington Beach, direct the City Attorney to draft a clean air and litter reduction ordinance for City Council review. The ordinance would require that by 2018, all operations and waste processing related to the collection, transportation, storage and disposal of all solid waste within the City be fully enclosed. For instance, closed lids will be required on all trash receptacles, including those owned by the City, and no open air sorting, processing or storage of refuse would be allowed. 4 _ d 7D #04tAC" s ue- .sru d y Rainbow Enclosure.doc � 7 � ,jt-cGusr- srU_ y �fc-�tI0A Re: Clean Air and Litter Reduction Ordinance May 11, 2015 Page 2 Further requirements would include: 1. By December 31, 2015, all trash/waste bins and receptacles at the beach, or on the beach side of PCH, must be fully enclosed, with a lid affixed and closed on all trash/waste bins at all times; and 2. By June 1, 2016, in addition to the enclosure of all trash/waste bins and receptacles at the beach, all trash/waste bins everywhere else in the City, including curbside disposal by citizens, businesses and other organizations, must be fully enclosed, with a lid affixed and closed on all trash/waste bins at all times; and 3. By December 31, 2018, in addition to the enclosure of all trash/waste bins and receptacles at the beach and everywhere else in the City, all trash/waste receptacles, transfer stations, trucks, holding bins, waste processing, and every other structure or device of any and all organizations located within the City, must be fully enclosed, with a lid affixed and enclosed at all times; and 4. Violations of the ordinance will be punishable by civil citation. cc: Fred Wilson, City Manager Michael E. Gates, City Attorney Travis Hopkins, Public Works Director 15-4727/Rainbow Enclosure.doc B) Adopt Ordinance No 4056, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 2.109 Entitled 'Finance Commission';" and, C) Adopt Ordinance No. 4057, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 2.103 Entitled 'Citizens' Infrastructure Advisory Board'." Approved 7-0 8. Adopt Ordinance No. 4058 approving Zoning Text Amendment (ZTA) No. 15-004 amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to add a Prohibited Uses section and to expressly prohibit medical marijuana dispensaries within the City. Approved for introduction May 4, 2015. Vote: 4-3 (Hardy, Delgleize, Peterson - No) Recommended Action: Adopt Ordinance No. 4058, "An Ordinance of the City of Huntington Beach Adding Section 204.18 to Chapter 204 of the Zoning and Subdivision Ordinance Titled Use Classifications (Zoning Text Amendment No. 15-004)." Approved 4-3 (Hardy, Delgleize, Peterson— No) ORDINANCES FOR ADOPTION 9. Adopt Emergency Ordinance No. 4060 amending Chapter 14.18 of the Huntington Beach Municipal Code (HBMC) relating to the Water Management Program Recommended Action: Adopt Emergency Ordinance No. 4060, "An Emergency Ordinance of the City of Huntington Beach Amending Chapter 14.18 of the Huntington Beach Municipal Code Relating to Water Management Program." (This Ordinance must be adopted by at least five affirmative votes of the City Council) Approved 7-0 �COUNCILMEMBER ITEMS 10. Submitted by Councilmembers Peterson and O'Connell - Direct the City Attorney to draft a clean air and litter reduction ordinance for City Council review Recommended Action: -5- City Council/PFA Action Agenda—Monday, May 18, 2015 Tn redi ine litter and nrmmnte bettor air quality in I..Ji in}inoton Qeaohr direot the City A}tn rn ey to draftal t a nlean a and litter reds Intinn ordinance for Git�i___COURr_- rcvFull i The ordi �d m lih ha 201 Q, all operations and waste r nance we il re re that PFGGee6s%Felaa„ted to thcollect�p }ransnertatlon storage and disposal of all v cvrrcc , crvrrrc .,�.....,.... ... ..... soli to w0thiR the 't y he fully eRdesed. For instance, ��i closed lids ill he required on all trash receptacles inGl udino these owned by the (amity and n� e � 1 By fleGebeF 31 2015, II tr shA.ei ste hins and renentenlec at the heenh OF on the beach side of Dr`I-I mi i t be fully endeserl with a lied affixed en/d nla.ced OR all trash A�iaste bins at all times; apd - 7 By 1une 1 2016 in ddition to the enclose ire of all }rochANaste hies apd receptacles at the beach all trashANaste bins everywhere else in the ('`ifii , must be fully eRdesed, with a lid affixed and Glesed on all tFaGhAtvaste bins at all -arrcr times; and m-r� ,3 By December 31 2018, in addition to the enclnsi ire of all trashmaste bins and receptacle at the beach and everywhere else in the (amity, all trashANaste FeGeptades, traRsfeF stations, tFU&S, holding bons, waste and eveFy ether str�anti ire cr deViae of any and all nrnaniza}lens Inca}ed within the Cit y virtc�scrucc'arc-vrcr�v rrri ., .............. ......... ..... ... .�, must he fully enclesed with a lid affixed and enclosed at all times• and otion to have staff evaluate and study all enclosures and receptacles, not only on the beach but throughout the entire City, for compliance with the City's Municipal Code Section 8 and return to Council with findings no later than the Study Session of August 3rd Approved 7-0 11. Submitted by Councilmember Sullivan - Direct the City Manager to initiate. General Plan and Zoning Map Amendments to rescind previous City Council actions on the Nichols/Warner site Recommended Action: Direct the City Manager to initiate General Plan and Zoning Map Amendments to remove the current General Plan and Zoning designations on the Nichols/Warner Site, and change the "Industrial" designations back (repeal) to "Residential Medium Density." Approved 7-0 COUNCILMEMBER COMMENTS (Not Agendized) Posey, Katapodis, Hardy, Sullivan, Delgleize, Peterson reported ADJOURNMENT— 8:56 PM -6- City Council/PFA Action Agenda-Monday, May 18, 2015 Esparza, Patty From: Dombo, Johanna — Sent: Monday, May 18, 201 3:04 PM To: Esparza, Patty Subject: FW: Surf City Pipeline: Comment on an Agenda Item (notification) From:Surf City Pipeline [ma i Ito:noreply@ use r.govoutreach.com] Sent: Monday, May 18, 2015 2:46 PM To: CITY COUNCIL;Agenda Alerts Subject:Surf City Pipeline: Comment on an Agenda Item (notification) Request#22231 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Comment Request area: City Council -Agenda& Public Hearing Comments Citizen name: Patrick Brenden Description: May 18, 2015 - Comments at City Council meeting Patrick Brenden 21-year resident of HB Owner of HB-based company Huntington Beach Planning Commissioner RE: Item#10 - clean air and litter reduction ordinance for City Council review The goal of this item, as stated in the agenda packet, is to reduce litter and promote better air quality in Huntington Beach. It calls out a timeline with three milestones: Let's look at the first two: Milestone 1: By December 31, 2015, all trash/waste bins and receptacles at the beach, or on the beach side of PCH, must be fully enclosed, with a lid affixed and closed on all trash/waste bins at all times. Milestone 2: By June 1, 2016, in addition to the enclosure of all trash/waste bins and receptacles at the beach, all trash/waste bins everywhere else in the City, including curbside disposal by citizens, businesses and other organizations, must be fully enclosed, with a lid affixed and closed on all trash/waste bins at all times. Certainly, there's nothing wrong with the spirit and intent of these two ideas but they're already addressed by existing city code: Section 8.21.080 includes the following language: Refuse shall be stored in a container... constructed of metal, plastic or equally durable material, in such manner as to be strong, watertight.. and shall be kept covered at all times... The cover shall completely and tightly close the container so as to render it fly and rodent proof... A sufficient number of containers shall be provided for the basic i level of service, in order to ensure that all refuse is contained within completely covered containers until such time as the refuse is collected... Section 8.21.090 includes the following language: All vehicles and containers used in collecting and transporting refuse... shall be...constructed as to be leakproof and to prevent the escape of offensive odors and loss, spillage or blowing away of any contents collected or transported within the City. Such vehicles and containers shall be thoroughly cleaned to eliminate odors and decayed materials. And, if these two sections aren't good enough, then there is Section 8.21.200 which gives discretion to the Director of Public Works with the following language: The director shall make such rules and regulations as may be necessary, reasonable, and proper to enforce the provisions of this chapter. A copy of any rule or regulation promulgated by the director shall be provided to the City Council. Therefore, it is my assertion that that items 1 and 2 are unnecessary because they are redundant with current city code and that Section 8.21.200 provides enough latitude to the Director of Public Works to manage anything that might come up which isn't specifically covered. Milestone 3: By December 31, 2018, in addition to the enclosure of all trash/waste bins and receptacles at the beach and everywhere else in the City, all trash/waste receptacles, transfer stations, trucks, holding bins, waste processing, and every other structure or device of any and all organizations located within the City, must be fully enclosed, with a lid affixed and enclosed at all times. Clearly, this provision is intended to force Rainbow Environmental to enclose their existing refuse handling operations. And, certainly, most everyone would welcome this action, including Rainbow, who has already committed to doing so at a cost of roughly $20 million. Rainbow has been committed to enclosing their operations at least as far back as 2009 when they obtained permits from the city and state to do so. Had it not been for the great recession, this project would likely have been completed by now. But, as it was for most businesses, the recession forced expensive initiatives like this to be delayed. Today, Rainbow is on track to break ground on this project and to complete it in 2018. So, do we really need this mandate in our city code? And, let's consider what Rainbow has done in the meantime to mitigate impacts at their site. They utilize a trained falconer who uses a hawk to mitigate seagulls on their facility and this has been effective. They use street sweepers 16 hours a day to brush and vacuum dirt and dust from their grounds and along Nichols Lane. They employ misters and blowers to neutralize odors and knock down dust. Odor controlling liquid is sprayed on their site throughout the day. And, they invested in CNG collection vehicles to reduce noise and exhaust of their former fleet of diesel trucks. Let's also not forget about Rainbow's many contributions to our community and schools. They fuel the buses of the Ocean View School District at a discounted rate. They 2 provide the district with waste collection and recycling services. They planted trees on the property boundary of Oak View School.They sponsored 10 young people for the Youth Enrichment Program at the Therapeutic Riding Center. Since 2005, they've hosted a pumpkin patch for the Oak View preschool and elementary school. They contributed $25,000 to help build the Oak View library. They've donated more than 900 smoke detectors to the residents of the surrounding neighborhood. They donate trucks, bins and labor to help with monthly neighborhood cleanups. They donate Christmas toys for Head Start on the Oak View campus each year. They've made donations to various events on campus and to the Oak View Soccer team. For the past 5 years, they've provided Discovery Science Center environmental assemblies at no cost for the 5th graders at Oak View Elementary. They have donated mulch and soil for gar den projects at the school and for restoration projects in the community. And, let's not forget that this business has lead the charge to sustainable waste management practices in Huntington Beach. They have worked with residents and businesses alike to educate, encourage and enable sustainable practices that are successfully reducing waste and reducing the amount of waste going to landfills. And, finally, let's recognize the economic contribution they make in our city by providing good jobs with benefits to ALL of their employees, many of whom live in the Oak View neighborhood. I encourage our City Council to dismiss item#10 on tonight's city council agenda. Expected Close Date: May 19, 2015 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 3 Print Request Page 1 of 1 Request: 22190 Entered on: 05/12/2015 11:18 PM Customer Information Name:Shainna Breslow Phone:(310) 795-9909 Address:352 Obispo Avenue Alt. Phone: Huntington Beach, CA Email:sflabreslow@gmail.com 90814 Request Classification Topic:City Council -Agenda & Public Request type:Question Hearing Comments Status:Closed Priority:Normal Assigned to:Agenda Alerts Entered Via:Web Description Well done City Council. A year has past and still no covers on the trash bins on the beach. The birds continue to strew trash all over the beach. Your claim was it was too expensive at the time. Also, when I jumped in the water to go surfing the other day I saw three plastic bags floating in the water. Do you people ever visit the beach? Or do you just stay on the concrete?What type of legacy are you leaving for you children?Your actions tell the rest of us that you don't care about the health of our beaches and oceans. And you definitely don't care about your children's future. Pure greed. You are the only city who reversed the bag ban. You didn't even submit an EIR. You are obviously bought out by financial interests. I just wonder if you have any conscience at all. Reason Closed Thank you for taking the time to send your comments to the City. Date Expect Closed: 05/13/2015 Date Closed: 05/1 3/201 5 08:05 AM By: Johanna Dombo Enter Field Notes Below Notes: SUPPLEWNTAL COMMUNICATION Meeting Date- Agenda Item No. Notes Taken By: Date: http://user.govoutreach.com/surfcity/printrequest.php?curid=2182537&type=0 5/18/2015 a Flynn, Joan From: Surf City Pipeline[noreply@user.govoutreach.com] Sent: Monday, May 18, 2015 2:46 PM To: CITY COUNCIL; Agenda Alerts Subject: Surf City Pipeline: Comment on an Agenda Item(notification) Request#22231 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Comment Request area: City Council- Agenda& Public Hearing Comments Citizen name: Patrick Brenden Description: May 18, 2015 - Comments at City Council meeting Patrick Brenden 21-year resident of HB Owner of HB-based company Huntington Beach Planning Commissioner RE: Item#10- clean air and litter reduction ordinance for City Council review The goal of this item, as stated in the agenda packet, is to reduce litter and promote better air quality in Huntington Beach. It calls out a timeline with three milestones: Let's look at the first two: Milestone 1: By December 31, 2015, all trash/waste bins and receptacles at the beach, or on the beach side of PCH, must be fully enclosed, with a lid affixed and closed on all trash/waste bins at all times. Milestone 2: By June 1, 2016, in addition to the enclosure of all trash/waste bins and receptacles at the beach, all trash/waste bins everywhere else in the City, including curbside disposal by citizens, businesses and other organizations, must be fully enclosed, with a lid affixed and closed on all trash/waste bins at all times. Certainly, there's nothing wrong with the spirit and intent of these two ideas but they're already addressed by existing city code: Section 8.21.080 includes the following language: Refuse shall be stored in a container... constructed of metal, plastic or equally durable material, in such manner as to be strong, watertight.. and shall be kept covered at all times... The cover shall completely and tightly close the container so as to render it fly and rodent proof... A sufficient number of containers shall be provided for the basic level of service, in order to ensure that all refuse is contained within completely covered containers until such time as the refuse is collected... Section 8.21.090 includes the following language: All vehicles and containers used in collecting and transporting refuse... shall be...constructed as to be leakproof and to prevent the escape of offensive odors and loss, spillage or blowing away of any contents collected or transported within the City. Such 1 vehicles and containers shall be thoroughly cleaned to eliminate odors and decayed materials. And, if these two sections aren't good enough, then there is Section 8.21.200 which gives discretion to the Director of Public Works with the following language: The director shall make such rules and regulations as may be necessary, reasonable, and proper to enforce the provisions of this chapter. A copy of any rule or regulation promulgated by the director shall be provided to the City Council. Therefore, it is my assertion that that items 1 and 2 are unnecessary because they are redundant with current city code and that Section 8.21.200 provides enough latitude to the Director of Public Works to manage anything that might come up which isn't specifically covered. Milestone 3: By December 31, 2018, in addition to the enclosure of all trash/waste bins and receptacles at the beach and everywhere else in the City, all trash/waste receptacles, transfer stations,trucks, holding bins, waste processing, and every other structure or device of any and all organizations located within the City, must be fully enclosed, with a lid affixed and enclosed at all times. Clearly, this provision is intended to force Rainbow Environmental to enclose their existing refuse handling operations. And, certainly, most everyone would welcome this action, including Rainbow, who has already committed to doing so at a cost of roughly $20 million. Rainbow has been committed to enclosing their operations at least as far back as 2009 when they obtained permits from the city and state to do so. Had it not been for the great recession, this project would likely have been completed by now. But, as it was for most businesses, the recession forced expensive initiatives like this to be delayed. Today, Rainbow is on track to break ground on this project and to complete it in 2018. So, do we really need this mandate in our city code? And, let's consider what Rainbow has done in the meantime to mitigate impacts at their site. They utilize a trained falconer who uses a hawk to mitigate seagulls on their facility and this has been effective. They use street sweepers 16 hours a day to brush and. vacuum dirt and dust from their grounds and along Nichols Lane. They employ misters and blowers to neutralize odors and knock down dust. Odor controlling liquid is sprayed on their site throughout the day. And, they invested in CNG collection vehicles to reduce noise and exhaust of their former fleet of diesel trucks. Let's also not forget about Rainbow's many contributions to our community and schools. They fuel the buses of the Ocean View School District at a discounted rate. They provide the district with waste collection and recycling services. They planted trees on the property boundary of Oak View School.They sponsored 10 young people for the Youth Enrichment Program at the Therapeutic Riding Center. Since 2005, they've hosted a pumpkin patch for the Oak View preschool and elementary school. They contributed $25,000 to help build the Oak View library. They've donated more than 900 smoke detectors to the residents of the surrounding neighborhood. They donate trucks, bins and labor to help with monthly neighborhood cleanups. They donate Christmas toys z 1 - for Head Start on the Oak View campus each year. They've made donations to various events on campus and to the Oak View Soccer team. For the past 5 years, they've provided Discovery Science Center environmental assemblies at no cost for the 5th graders at Oak View Elementary. They have donated mulch and soil for gar den projects at the school and for restoration projects in the community. And, let's not forget that this business has lead the charge to sustainable waste management practices in Huntington Beach. They have worked with residents and businesses alike to educate, encourage and enable sustainable practices that are successfully reducing waste and reducing the amount of waste going to landfills. And, finally, let's recognize the economic contribution they make in our city by providing good jobs with benefits to ALL of their employees, many of whom live in the Oak View neighborhood. I encourage our City Council to dismiss item#10 on tonight's city council agenda. Expected Close Date: May 19, 2015 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 3 STATE CAPITOL a _- DISTRICT OFFICE PO.BOX 942849g�� � 1503 SOUTH COAST DRIVE,SUITE 205 SACRAMENTO,CA 94249-0074 �"_ COSTA MESA,CA 92626 (916)319-2021 Zt II t� 1� tS��t � �E (7171 )668-20 FAX(916)319-2174 ii ` M FAX(714)66&2104 F e MATTHEW HARPER ASSEMBLYMEMBER,SEVENTY-FOURTH DISTRICT May 18, 2015 Members of the Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 ' Dear Huntington Beach City Council Member: I am writing to you today to express my opposition to Item#10 on the City Council Agenda tonight. I oppose this proposed ordinance for several reasons. First this ordinance would damage our local economy, More regulations would be burdensome to many businesses located within the City, including Rainbow Environmental Services,which have provided many needed services to our City at a very affordable price for many decades. In addition, the proposed ordinance is duplicative. Over 30 federal and state agencies already regulate pollutants that'damage our environment. Why add another layer to the bureaucracy? I strongly urge you to vote no on City Council Item#10. Thank you for your consideration. Sincerely, ' IT Mkffiew Harper, 4 State Assemblyman, 74 h District I I 1 i 4 i Printed an Recycled Paper Tel(714)847 3581 *Fax(714)8414660 (E)RAINBOW PO Box 1026- 17121 Nichols Lane ENVIRONMENTAL SERVICES Huntington Beach,CA 92647 Providing Greener Possibilities www.RainbowES.com RE EPIED FR AS Pi3RLIC D IL M E ETU OF— ITY E 0 '1 May 15, 2015 JOAN L-Fl-rNN,CITY CLERK Dear Community Partners: We are under litigation brought by one of our neighbors. The litigation will play itself out in time, but it does not change the fact that we have been a fabric of this community for six decades. We take any assertion, irrespective of its accuracy, seriously. Our employees live and work here. They pay taxes here. They are parents here, and send their kids to school here. Simply, they are the foundation of our community for the next six decades. Ultimately, if we are guilty of anything, it is that we remained silent in recent months as accusations were made against us...unfortunately in very public ways. Whatever the outcome of the current litigation against us, we care about our neighbors. We hold teachers AND children in this community in the highest regard. And, we remain deeply committed to this community and its future. Throughout our many years of service to Huntington Beach, we have quietly gone about our job, keeping Huntington Beach clean and beautiful. Please allow me to remind you who Rainbow Environmental Services is. We are the State of California Leader in diversion- an honor we could not have achieved without the partnership we have with the City of Huntington Beach. Currently, the City of Huntington Beach achieves nearly an 80% diversion rate. Together we are already ahead of the state mandated 75% diversion rate cities must achieve in the State of California by 2020. We do not operate a landfill and never have. Our fleet is 100% green and every single one of our employees earns a living wage and receives benefits. Our environmental campus is the envy of other cities and operators. Just in the last year our facility has been visited by officials from all over the country. We even hosted a delegation of nation's leaders from another continent. They come to see us because they know we do it right. Just up the road from us the City of Los Angeles is about to install a new system of collections and recycling that is modeled on how we do it at Rainbow. Imagine that. The 2nd largest city in the country wants to change their collections and diversion system to conform with what we've been doing together in Huntington Beach for many years. We don't mention these accolades to gloat. Quite the opposite. We reference them because it is who we are - and they embody our mission and core values. We look forward to the day when we can get back to doing what we do best, which is providing a vital service—vital sustainability—and vital community support to create a better Surf City for all -- which enables our great American community to thrive and prosper. Printed on recycled content paper May 15, 2015 In regards to Item#10 at City Council Agenda 5118/15 —three points that we submit for consideration by you the stakeholder: Existing ordinances already provide for the interests reflected in the newly proposed ordinance. Further legislation proposed is duplicative and is not pragmatic as it would render critical city services such as free bulky item pickups, rent-a-bin services, and many city yard services as illegal. Further, new regulations would be burdensome and economically harmful to many businesses and organizations located in the City. This new proposal is overreaching in that it could render beach bonfires illegal due to the uncovered wood waste used to create this unique Surf City experience. We believe that existing ordinances can be enhanced from an enforcement perspective and by review, incorporating some of the elements of the newly proposed ordinance that merit value after full consideration.Namely, one good idea is specific containerization programs including the beach cans, which currently do not meet storm water regulations and should be properly covered. Rainbow is constructing a new and fully enclosed 100% AOMD compliant transfer station —Yes, you heard it correctly. In evolution and in the continuous process improvement always associated with Rainbow's best-in-class facilities and Environmental Campus, we have commenced plans to construct a new fully enclosed transfer station, which is illustrated in the attachment. We are implementing construction of this new facility substantially ahead of schedules required in our permit secured in 2009. We're building it and we're excited about it. We plan to reach out to and include critical stakeholders as part of the outreach process leading up to development of such a facility. End of story here. The Clean Air and Litter Reduction ordinance proposed in Item#10 can and should be pulled from the agenda by our civic leaders due to its overreach, burdensome regulations, disadvantages to our local economy, businesses and government; and duplicative lawmaking. Other unintended consequences and risks will surely result from this proposed unfunded mandate - which we believe was conceived in a positive spirit by caring leaders, but in practicality will produce dramatic contrarian results. In effect and title, we believe that the City of Huntington Beach enjoys some of the finest—and most dramatically improving air quality in the L.A. basin. 2014 recorded the lowest ozone(smog) reading in history—and voluntary efforts by companies like Rainbow who has converted 100% of its collection fleet to alternative low emission fuels continue to result in ever improving air quality. Our Federal government already regulates the referenced matters through the EPA; and State and Regional regulatory agencies numbering more than 35 - including CalRecycle, CARB and the Coastal Commission—are already providing comprehensive oversight and mandated regulatory compliance. Do we need more government and regulations in a community with an ever improving environmental record and the world renowned landscape of Surf City known for its cleanliness and beauty? We thank you for your consideration. Further details and facts related to the litigation are attached in file OVSD Facts. Boa Printed on recycled content paper May 15, 2015 We love Surf City, we care for our neighbors, and care deeply for our teachers. And above all— we care for our children- our future. We believe we have always done the right thing, and are doing the right thing now in constructing our new fully enclosed transfer station. We urge you to do the right thing—the newly proposed ordinance is not the right thing to do to the City, to businesses, to schools to residents and to us. Sincerely, C � Jerry Moffatt General Manager Rainbow Environmental Services o° Printed on recycled content paper (!)RAINBOW ENVIRONMENTAL SERVICES' Providing Greener Possibilifies Rainbow holds teachers in our community in the highest regard. We place our children above all. Our care and commitments to education and the community stand on their own record — and we are deeply committed to continuing our involvement and investments within our community, our schools and our children. In regards to litigation brought on by one of our neighbors — we will not exploit the media, the community or the political process in this matter — we simply submit facts for your consideration as follows: Proximity to Rainbow The, Rainbow facilities were established on Nichols Lane in the early 1960s, before the original Oak View Elementary School was built. Rainbow built its solid waste transfer station in 1983 and its material recovery facility, for the sorting and recovery of recyclable materials, in 1994. The preschool school building which is across the street from Rainbow's Transfer Station was built in early 2000, approximately eight years after all of Rainbow's current facilities were in full scale operation. Since then, the Ocean View School District (OVSD) has moved more portable classroom structures onto its property and placed them closer to Rainbow than the original elementary school building. Even in late 2014 and early 2015, OVSD placed more temporary classroom portables near the fence line near the Rainbow facility. If OVSD really believed that Rainbow's operations were endangering Oak View students and teachers, why has OVSD continued to put more teachers and students in classroom buildings even closer to the Rainbow facility? Rainbow has not moved its operations closer to Oak View, but OVSD has continually moved its classrooms closer to Rainbow. Asbestos It has been claimed that OVSD kept its classrooms open at Oak View even after OVSD had reason to believe that some of the classrooms might contain respirable asbestos. Ultimately, OVSD closed the Oak View Elementary School, in addition to other schools, because of the asbestos issue— not Rainbow-- but only after public pressure to do so. We believe OVSD's lawsuit may be the School District's way of attempting to deflect public attention away from the serious asbestos problem at the Oak View School—which OVSD has still not remediated. Once again, OVSD's claimed concern about teacher and student health claims seems contrary to its actions. If student and teacher health .is so important to OVSD, why hasn't it remediated the asbestos problem at Oak View? 1 (E)RAINBOW ENVIRONMENTAL SERVICES'' Providing Gree�rer P�Ssibiliiies , Rainbow's Extensive Enclosures—With More Planned OVSD claims that Rainbow's facilities are entirely open air, with no enclosures. This is simply false. Attached is an aerial view of the Rainbow facilities. You can see the extensive network of buildings at Rainbow, including the transfer station, materials recovery facility building and other enclosures which house the vast majority of Rainbow's operations. Rainbow uses Best Management Practices to mitigate odors from any outside waste processing. Rainbow is also moving forward with a planned $15 million transfer facility that will be compliant with South Coast Air Quality Management requirements. We estimate the permitting, procurement and construction process will take approximately 2-3 years. Seagulls OVSD would have us think that but for Rainbow there would be no seagulls at Oak View. Rainbow uses the services of a falconer to keep seagulls away from Rainbow during school hours and this is very effective. We have offered repeatedly to help Ocean View with its seagull issues, but OVSD refused several offers and only recently agreed after a month of trying to schedule a meeting with the Superintendent and the Interim Principal to allow Rainbow's falconer to bring the Rainbow falcon on to school property to drive their seagulls away as well. Once they agreed, the seagull population has been remediated. It is regrettable OVSD took so long to address their seagull problem. Seagulls are a constant at outdoor eating locations in Huntington Beach. Anyone who visited Oak View when seagulls were there would have noticed one thing—the seagulls all perch on only one school building—the building next to the tables where the students eat their lunches outdoors. Students feed the seagulls in the morning when they are waiting for school busses, and probably do it at lunch as well. The Oak View campus has numerous open-air garbage cans with food wrappers and uneaten food located along their fence line with Rainbow, and food wrappers can be seen on campus. In short, Oak View should look to itself as to why seagulls might be attracted to Oak View, along with virtually every other school pleasantly located near the coast in Huntington Beach. The fact that OVSD shows pictures of its building roof (the building next to which the students eat their lunches outdoors) covered with seagull feces makes one wonder how often Oak View cleans its roof. Our consultants have seen evidence that seagull poop has been allowed to stay on the roof for what looks like many years before these photos were taken. If OVSD were concerned about the air intakes on the top of its building, 2 (!)RAINBOW ENVIRONMENTAL SERVICES"' Providing Greener Possibilities"' why didn't they take the simple expedient of covering these air intakes with covers and screens to keep feces away from the air intakes? Again, OVSD's past inaction speaks louder than words. Concrete Crushing Rainbow crushed concrete at its facility for recycling and diversion purposes beginning in 2009, at the request of the City of Huntington Beach when a private concrete crushing company located near Central Park was shut down due to permit issues. Concrete crushing at Rainbow ceased in 2012 after the Oak View School requested that Rainbow no longer crush concrete due to concerns about dust. When it accepted concrete and when crushing, Rainbow used best management practices to reduce dust emissions from the pile, such as regularly wetting down the pile with water. The crushed concrete pile was gradually removed and was completely gone in 2014. Rainbow will no longer crush concrete at its facility, and has so informed the OVSD on many occasions. Despite this, and after nearly 3 years since crushing ceased altogether, OVSD keeps complaining to the media about Rainbow's concrete crushing operations, falsely claiming that these operations are still in operation and providing stale footage to media to support their patently false claims. Odors Rainbow's operations have not changed significantly in over 20 years. As noted above, the transfer station has been in operation since 1983 and the materials recovery facility since 1994. Tonnage throughput at the facility has steadily averaged about 1,500-1,600 tons per weekday for the last several years. There has been no increase in. tonnage to date, and in fact, due to commendable efforts in waste reduction by communities served by Rainbow, current tonnage is nearly 20% less than the peak waste periods of 2003-2006. Rainbow has enclosures for the large majority of its operations and an extensive additional enclosure project is planned for the next 2-3 years. Rainbow also uses other odor control measures that are industry standard and best-in-class, including innovative engineered snow blowers and misters. With the closure of the original elementary school and other older buildings at Oak View last year due to asbestos concerns, all of the school buildings now being used at Oak View were built after Rainbow's transfer station and material recovery facility were in full scale operation. 3 in, Ha%ow (DRA No ENVIRONMENTAL SERVICESO' Providing Greener Possibilities " OVSD Resorts To Litigation, Not Communication So if as OVSD claims the Rainbow facility is causing students to vomit daily due to odors and the facility is creating hellish conditions for the school and the neighborhood, why is it that before OVSD hired their current "pro bono" counsel there were virtually few complaints received by Rainbow, none by the County Local Enforcement Agency or the Air District from OVSD about odors or dust or seagulls or noise at Rainbow? No complaints, no letters of concerns, no request for Rainbow to change its operations to reduce the alleged odors —why? Rainbow has asked OVSD to comment on its planned Transfer Station, but instead of talking to us, they have resorted to lawsuits and a media campaign of false and misleading statements. Rainbow has always listened to its neighbors and the community. We stand ready and willing to sit down with OVSD, to listen to them, and to address their concerns in a constructive and positive manner. 4 REGULATORY AGENCIES - January 2015 California Air Resources Board California Department of Toxic Substances Control California Environmental Protection Agency California Highway Patrol California Labor Commission California Occupational Safety&Health Administration CalRecycle County Office of Weights and Measures Department of Justice Department of Motor Vehicles Equal Employment Opportunity Council Federal Environmental Protection Agency Federal Occupational Safety&Health Administration Federal Water Resources Control Board Food and Agriculture Franchise Tax Board Huntington Beach City Business License Huntington Beach City Planning Department Huntington Beach Fire Department Industrial Relations Board Internal Revenue Service National Labor Relations Board Orange County Health Care Agency-Public Health Services Orange County Local Enforcement Agency(LEA)-Health Department Orange County Sheriffs Department Orange County Water District Pier Pass Police Department Santa Ana Regional Water Quality Control Board South Coast Air Quality Management District State Board of Equalization State Office of Weights and Measures State Water Resources Control Board Transportation Security Agency U. S. Census Bureau U.S. Department of Commerce U.S.Department of Labor U.S.Department of Transportation _® L4 a. ru 8.21.070-Accumulation Prohibited 8.21.080-Storage 8.21.090-Containers and Transportation of Refuse 8.21.120-Container-Improper Substances 8.21.140-Collection-Manner 8.21.190-Disposal Methods 8.21.200-Rules and Regulations 8.21.070 Accumulation Prohibited Page 1 of 1 Tools - Links - CL Huntington Beach Charter and Codes MUNICIPAL CODE Title 8 HEALTH AND SAFETY Chapter 8.21 REFUSE MANAGEMENT 8.21.070 Accumulation Prohibited No person occupying, using or controlling any premises shall permit any refuse to accumulate thereon, nor shall any such person maintain any accumulation of refuse thereon, unless in either event the same is stored in a manner approved by the director or by law. it shall be unlawful for any person to dump, deposit, place or bury refuse in or upon any lot, land,street,or alley,whether public or private, nor throw such refuse in any creek, stream,water or water way within the City. Any unauthorized accumulation of refuse on any premises is hereby prohibited and declared to be a nuisance. (3560-7/02) http://www.gcode.us/codes/huntingtonbeach/view.plip?topic=municipal_code-8-8_21-8_2... 5/16/2015 8,21.080 Storage Page 1 of i. Tools o Links CL Huntington Beach Charter and Codes MUNICIPAL CODE Title 8 HEALTH AND SAFETY Chapter 8.21 REFUSE MANAGEMENT 8.21.080 Storage A. Refuse shall be stored in a container of a type approved by the director. Every such container shall be constructed of metal, plastic, or equally durable material, in such manner as to be strong,watertight, not easily corrodible, insect and rodent resistant, and shall be kept covered at all times, except when refuse is being deposited or removed from such container. Persons in charge of residential properties served by the City refuse collector's automated residential collection service shall separate all refuse, recyclable waste material, and yard waste into the appropriate residential cart prior to collection by the City refuse collector. Residential carts shall be kept in a level full condition.The cover shall completely close the residential cart so that no refuse may be visible. Commercial containers shall be kept in a level full condition.The cover shall completely and tightly close the container so as to render it fly and rodent proof and so that no refuse may be visible.A sufficient number of containers shall be provided for the basic level of service, in order to ensure that all refuse is contained within completely covered containers until such time as the refuse is collected. B. Refuse shall be stored in such a manner that it will not provide harborage to rats, nor cause a fire hazard. (3560-7/02,3652-6/04,3801-4/08) littp://www.gcode.us/codes/huntingtonbeach/view.php?topic=municipal_code-8-8_21-8_2... 5/16/2015 8.21.090 Containers and Transportation of Refuse Page 1 of 1 Tools o Links CL t ? Huntington Beach Charter and Codes MUNICIPAL CODE Title 8 HEALTH AND SAFETY Chapter 8.21 REFUSE MANAGEMENT 8.21.090 Containers and Transportation of Refuse No person other than the City refuse collector shall transport refuse or recyclable waste material in the City of Huntington Beach on behalf of another person in exchange for compensation.All vehicles and containers used in collecting and transporting refuse or recyclable material shall be provided with metal or plastic bodies so constructed as to be leakproof and to prevent the escape of offensive odors and loss, spillage or blowing away of any contents collected or transported within the City. Such vehicles and containers shall be thoroughly cleaned to eliminate odors and decayed materials.(3560-7/02,3652-6/04, 3801-4/08) http://Nvww.gcode.us/codes/huntingtonbeach/view.php?topic=municipal code-8-8_21-8 2... 5/16/2015 8.21.120 Container—Improper Substances Page 1 of 1 Tools - Links Huntington Beach Charter and Codes MUNICIPAL CODE Title 8 HEALTH AND SAFETY Chapter 8.21 REFUSE MANAGEMENT 8.21.120 Container—Improper Substances No person shall place or cause or permit to be placed in any refuse container or residential cart any substance or material other than refuse as defined in this chapter. Furniture, appliances, construction and demolition wastes, or any other waste which is of sufficient size or weight that, when placed in a refuse container or residential cart, prevent the lid from closing completely or cause the weight of the refuse container or residential cart to exceed the posted weight capacity, shall not be placed in refuse containers or residential carts. Persons wishing to dispose of such items shall inform the City refuse collector and make special arrangements to have the items removed.The City refuse collector may levy a charge for removal of such items under a schedule and formula to be uniformly applied,which formula and schedule shall have been approved by the director.The City refuse collector shall not be required to collect hazardous waste.(3560-7/02, 3801-4/08) http://www.gcode.us/codes/huntingtonbeach/view.php?topic=municipal_code-8-8_21-8_2... 5/16/2015 8.21.]40 Collection—Manner Page 1 of'1 Tools - Links Q Huntington Beach Charter and Codes MUNICIPAL CODE Title 8 HEALTH AND SAFETY Chapter 8.21 REFUSE MANAGEMENT 8.21.140 Collection—Manner The owner, occupant,tenant or lessee of any premises shall provide or cause to be provided, basic level of service for the removal of refuse from said premises. Properties utilizing commercial collection service shall provide adequate service.The City refuse collector shall remove from the premises all refuse which has been properly placed for collection,whenever such refuse is of a type and in an amount provided by contract with the City.Any removal of refuse by the City refuse collector, or any person shall be performed in a neat, orderly and quiet fashion,without causing damage to the container or the lid.Any spilled matter shall be picked up by the person responsible for the spillage,and the premises shall be left in a clean and orderly condition. Overfilled containers of refuse creating accumulations of refuse in or at the pickup site, shall be the responsibility of the premises owner for clean up.The security and proper level full container shall be the responsibility of the premises owner.All additional collection of any type of refuse that does not fit into a container or causes an overfull container shall be the responsibility of the premises owner along with any additional costs for removal or extra collection services. Refuse lawfully placed for collection shall be the property of the City of Huntington Beach from the time of placement until the time of collection and shall become the property of the City refuse collector from the time of collection to the time of disposal.(3560-7/02, 3801-4/08) http://www.gcode.us/codes/huntingtonbeach/view.php?topic=municipal_code-8-8_21-8_2... 5/1 b/2015 8.21.190 Disposal Methods Page 1 of 1 Tools - Links - CL '� ? Huntington Beach Charter and Codes MUNICIPAL CODE Title 8 HEALTH AND SAFETY Chapter 8.21 REFUSE MANAGEMENT 8.21.190 Disposal Methods The City refuse collector shall dispose of refuse in a manner approved by the director and consistent with the provisions of this chapter. (3560-7/02) http://www.gcode.us/codes/huntingtonbeach/view.php?topic=municipal_code-8-8 21-8_2... 5/16/2015 8.21.200 Rules and Regulations Page 1 of 1 Tools - Links o CL Huntington Beach Charter and Codes MUNICIPAL CODE Title 8 HEALTH AND SAFETY Chapter 8.21 REFUSE MANAGEMENT 8.21.200 Rules and Regulations The director shall make such rules and regulations as may be necessary, reasonable,and proper to enforce the provisions of this chapter.A copy of any rule or regulation promulgated by the director shall be provided to the City Council. (3560-7102) littp://www.gcode.us/codes/huntingtonbeach/view.php?topic=municipal_code-8-8_21-8_2... 5/16/2015 Huntington Beach Charter and Codes' MUNICIPAL CODE Title 8 HEALTH AND SAFETY r - Chapter 821 REFUSf MANAGEMENT �k 8.21010 Defont'o,ns: _ . The following definitions shall apply in the Interpretation and enforcel7ment,of'these regulations: "'Adequate service"means the combination of the number,of-collections,the number of containers, and the size of containers,necessary so as not.to cause the,accumulation of refuse outside containers or in excess of level full.. "Automated residential COIIEttionservice"means the residential collectiio.n service by the` City refuse'collector;,whereby refuse, recyclable waste materials,,and yard waste are. generally sorted into.separate residential carts.by the person discarding:such items. "Basic-level of service"means;with respectto residential collection service and automated residential collection service, one collection of eacK residential cart per%iteek, or that level of collection and disposal service:necessary to provide'adequate service for the Collection of refuse generated by each single-family residence, and each dwelling,unit within a.duplex; a triplex,,or a fourplex„as specifically provided in any given contract between the°City and any person for collection of uchrefuse,or as provided by resolution of the City Council.,Basic. level of service does not include refuse or substances excluded from collection by regulation of the director or.by contract, as hereinafter provided, refuse capable thereof which has not been placed in residential'carts Within the weight and size limits:hereinafter set_forth`fo.r residential carts.Basic level of service,with,respectlo commercial collection service;,means that level of collection and disposal service necessary to provide adequate service.. 'gusiness"means;any commercial or public entity,that.generates four cubic yards or more of refuse per week;including,.but not limited.to, a.firm, partnership,proprietorship,,`joint- stock company,..corporation, or association`that.is'organized as;a for-profit Or nonprofit entity,strip mall(e.g. property comp.l:ex containing two or,more commercial entities}, industrial facility,school,:school district, California'State University;community colleges; University of California„special:district or a federal, state, local, regional agency .or facility. For purposes of the,chapter,"business"also includes a multi-family,residential dwelling of five units or more; regardless.of the amount of refuse generated. "City,refuse collector"means.any'p"erson either emploYed_by or Under contract with the,City to provide removal,iransportation,,processing;and disposition of refuse from residents and users of premises within the City.: "Collection"`means the pickup;removal, and transportation of refuse.byany person authorized to do so by.:the.City.. "Commercial.col,lection service"means the collection of refuse from all property within the City excluded from residential.-collection service,or properties subject to residential collection service which choose to;utilize commercial collection service, 1 "Commercial container"means any vessel,tank, receptacle,dumpster, box or bin used or intended to be used for the purpose of holding any refuse, recyclable material,and recyclable waste material. Commercial containers utilized in commercial collection service include all types of containers, including dumpsters or bins. "Corporation"means corporations, partnerships, and all business enterprises, associations or organizations, however designed. "Director"means the Huntington Beach Director of Public Works or his/her authorized representative. "Hazardous waste" means a waste, or combination of wastes,which because of its quantity, concentration, or physical, chemical, or infectious characteristics may(1)cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or(2)pose a substantial present or potential hazard to human health or environment when improperly treated, stored,transported, or disposed of, or otherwise managed. "Level full"means the amount of refuse deposited in a residential cart or commercial container so that it shall not exceed the lowest top edge thereof and still allow the lid thereof to be completely closed, "Noncombustible refuse"means ashes, bottles, broken crockery,glass,tin cans and metallic substances or any other substances that will not incinerate through contact with flames of ordinary temperature. "Person"means any individual,firm,governmental unit, organization, partnership, corporation, company or other entity. "Processing"means reduction,separation, recovery, conversion or recycling of refuse. "Recyclable material"means materials which are segregated at the source from other refuse for the purpose of recycling and includes, but is not limited to, paper,glass, metals, wood, plastics,wastes, bulky goods,waste oil,and construction and demolition materials and which is sold or donated by the owner thereof to a third party. "Recyclable material collection"means the collection,transportation,storage, transfer, or processing of recyclable materials. "Recyclable waste material"means discarded materials such as, but not limited to, newspapers,glass and metal cans,which are separated from other refuse for the purpose of recycling and which are not sold or donated to a third party. "Recyclable waste material collecting"means the collection,transportation, storage, transfer, or processing of recyclable waste material. "Recycling'means the process of collecting, sorting, cleansing,treating, and reconstituting materials that would otherwise be disposed of by landfilling or transformation, and returning 2 materials to the economic mainstream.inthe:form of raw Material for,new'reused,..or reconstituted,products:. "Refuse"means.all putrescible and;non-putrescible;solid,and semisolid wastes,inducting garbage;trash, refuse,,paper, rubbish,ashes;'industrial wastes;demolition and construction' wastes,discarded home.and.industrial`appliances; manure;vegetable or.animal solid or semisolid wastes, and other.discarded solid or semisolid wastes; but not including hazardous waste, radioactive-waste regulated pursuant to.the State Radiation Control Law;. untreated medical waste regulated.pursuant to the State Medical Waste ManagementAct,_ and liquid waste. Recyclable:waste material is considered refusefor purposes of this chapter. Materials that are sold or donated by the owner thereof to a third party,and thereafter recycled,are not considered refuse for purposes of this chapter.The term"refuse"shall be synonymo,us,with the term"solid waste"as used in the Integrated Waste:Management Act, Public Resources Code Section40000;et seq.. "Refuse.collection"means the Coliecticin,transportation, storage,transfer, disposal,'or. processing'of refuse.. "Residential collection service"means the;collection of refuse from each,single-family residence;,and each dwelling unit within a duplex; a triplex.or a.fourplex receiving noncommercial refuse collection service. It shall not include any hotel, motel,lodge,.hall, Club,,tourist camp;trailer camp,,:mobile home:park;church,guard shack,;pool house, community room,business or industrial establishment;or any.lotcontaining more th.an,fo,ur dwelling.units. °`Residential cart"means a container having a capacity not to exceed 95 gallons and furnished,or supplied by the City refuse collector for use in the automated residential collection`service. Residential.carts shall.be colored brown for refuse;:blue:for recyclable: waste material, and green foryard waste., "Yard waste"means those constituents of solid waste comprised.of non-soil landscape or' plant materials such as,tree trimmings,grass cuttings, plants,weeds leaves, branches;trees,: or similar materials.(3560-7/02,:3s81-11/02, 3801-4108,3952-7/12): 3 j • . • . - . . @)RAINBOWA i lT r i V arf r-, a f A d ya A Materials Recovery Facility (Fully Enclosed) Approximate Footprint for Aerial View of New Fully Enclosed 100% B Existing Transfer Station AQMD Compliant Transfer Rainbow's Station Environmental C CHP Excellence Certified Fleet maintenance Bldg. (Fully Enclosed) (DRAINBOW Campus � Route Dispatch & Customer Care (Fully Enclosed) ENVIRONMENTAL SERVICES E Bin & Cart Support Building (Fully Enclosed) Providing Greener Poss'bilifies" t / .. az Alt r ..n' � '£.. x %k^'„yak ✓ �//`�` �P �� �Y � ref b /f� i NewFullyEncl • ed s : Existing Bin & Cart Transfer StationExisting Fully Facility Enclosed MAR