HomeMy WebLinkAbout03 - Amending Section 6.04.170 Prohibiting Commercial Properties and Businesses from Disposing of Solid Waste in Public Waste ContainersQ �EwPpRT
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<,FORN'P City Council Staff Report
April 28, 2020
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Keith Hinckley, Senior Management Analyst
khinckley@newportbeachca.gov
PHONE: 949-718-3466
TITLE: Ordinance No. 2020-13: Amending Section 6.04.170 Prohibiting
Commercial Properties and Businesses from Disposing of Solid
Waste in Public Waste Containers
ABSTRACT:
A bin for collection and disposal of commercial solid waste was established at the
Washington Street and East Bay Avenue location over forty (40) years ago to
accommodate residents and businesses in the Balboa Village area with a central location
for the collection and disposal of commercial solid waste. With the passage of Measure
Q in November 1996, the City's responsibility to collect and dispose of commercial solid
waste terminated. On July 28, 1997, the City Council adopted Ordinance No. 97-27
prohibiting businesses from utilizing public refuse containers unless authorized by
resolution of the City Council.
On August 25, 1997, the City Council adopted Resolution No. 97-70, which established
a fee for the use of the Washington Street Waste bins and listed the businesses that were
allowed to dispose of their commercial solid waste in these bins. The application of
Section 6.04.170 to businesses only has created gaps in the Washington Street bin
service in that many of the establishments identified in Resolution No. 97-70 no longer
exist and it is has become difficult for city staff to continually track and reach out to new
businesses that may wish to participate in the Washington Street Bin service.
The proposed code amendment to Section 6.04.170 would authorize the underlying
commercial property owner, in addition to businesses, to participate in Washington Street
bin service, subject to City Council resolution establishing a fee and identifying the
particular businesses or properties.
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Ordinance No. 2020-13: Amending Section 6.04.170 Prohibiting Commercial Properties
and Businesses from Disposing of Solid Waste in Public Waste Containers
April 28, 2020
Page 2
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Introduce Ordinance No. 2020-13, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Section 6.04.170 of Chapter 6.04 of Title 6 of
the Newport Beach Municipal Code Pertaining to the Commercial Use of Public Solid
Waste, Recyclable Material or Divertible Material Containers/Bins, and pass to second
reading on May 12, 2020.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The City currently has approximately 850 waste receptacles staged throughout the City
for the public to dispose of waste generated that is considered non-residential and
non-commercial. These receptacles are in parks, on our beaches and along sidewalks
and walkways throughout the City right-of-way. These containers are provided for public
use and are intended as an option to dispose of waste that is generated while utilizing our
public amenities. Generally, pedestrians and visitors to the City would use the public
waste receptacles. Section 6.04.170 of the Newport Beach Municipal Code prohibits the
commercial use of public solid waste containers, including the Washington Street bins
unless authorized to do so by resolution.
Staff is recommending an additional amendment to this Section of the Newport Beach
Municipal Code to authorize specific properties in the Balboa Village area to use the
Washington Street bins for their waste disposal. There are six (6) 4 -yard commercial bins
located in the City owned Washington Street bin enclosure. This bin enclosure is intended
for only the commercial businesses in the Balboa Village to use on the condition they are
included in a City Council approved Resolution listing the addresses that are eligible to
use them, and the property owners contribute to the cost of the bins. There are also
approximately 20 residential units above the businesses that are eligible to receive refuse
service under the Newport Beach Residential Refuse Collection contract. These
residential units are included since they do not have access or space to store or set out
trash or recycle carts for collection. As a result, they were identified as being eligible to
use the Washington Street bins for their residential refuse disposal.
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Ordinance No. 2020-13: Amending Section 6.04.170 Prohibiting Commercial Properties
and Businesses from Disposing of Solid Waste in Public Waste Containers
April 28, 2020
Page 3
Upon approval of this Ordinance to amend the Newport Beach Municipal Code to
authorize specific properties in the Balboa Village area to use the Washington Street bins
for their waste disposal, staff will return in the near future to request City Council approval
of a new resolution listing the specific properties, businesses and residents eligible to use
the Washington Street bins.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A —Ordinance No. 2020-13
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ATTACHMENT A
ORDINANCE NO. 2020-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA AMENDING SECTION
6.04.170 OF CHAPTER 6.04 OF TITLE 6 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
THE COMMERCIAL USE OF PUBLIC SOLID WASTE,
RECYCLABLE MATERIAL OR DIVERTIBLE MATERIAL
CONTAINERS/BINS
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City
Charter") vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the City Charter and the Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed
by any law of the State of California;
WHEREAS, Article XI, Section 5 of the Constitution of the State of California
authorizes charter cities to enact ordinances with respect to their municipal affairs;
WHEREAS, a bin at a central location for collection and disposal of commercial
solid waste was established at the Washington Street and East Bay Avenue over 40 years
ago to accommodate businesses and residential units in the area ("Washington Street
Bin"),
WHEREAS, on November 5, 1996, voters in the City of Newport Beach ("City")
approved Measure Q, which resulted in the City only being obligated to pay for the costs
of providing curbside container refuse collection for existing and future residential units
within the City boundaries as of November 1, 1996;
WHEREAS, as a result, on July 28, 1997, the City Council adopted Ordinance No.
97-27, previously codified in Section 6.04.191 (Prohibition of Commercial Use of Public
Refuse Containers), and in its current form in Section 6.04.170 (Prohibition of Commercial
Use of Public Solid Waste or Public Recyclable Material Containers), of the Newport
Beach Municipal Code ("NBMC") which prohibits businesses from using public refuse
containers unless authorized by resolution of the City Council;
WHEREAS, on August 25, 1997, the City Council adopted Resolution No. 97-70,
identifying a list of businesses authorized to use the Washington Street Bin and
establishing a solid waste service fee for those businesses that wished to voluntarily
participate in the Washington Street Bin service;
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Ordinance No. 2020 -
Page 2 of 4
WHEREAS, the application of Section 6.04.170 to businesses alone has created
gaps in the Washington Street Bin service in that many of the establishments identified in
Resolution No. 97-70 no longer exist and it is difficult for City staff to continually track and
reach out to new businesses that may wish to participate in the Washington Street Bin
service;
WHEREAS, an amendment to Section 6.04.170 authorizing the underlying
commercial property, in addition to the businesses, to voluntarily participate in the
Washington Street Bin service, subject to resolution approved by the City Council, is
intended to create greater consistency in the application of the Washington Street Bin
service;
WHEREAS, the Washington Street Bin is essential to providing a centralized
location for the use of businesses and the properties where businesses operate, because
there is limited space in the area to place bins or cans; and
WHEREAS, the operation of the Washington Street Bin service is provided by the
City as an alternative option for businesses and the underlying property owners that wish
to voluntarily participate in the City's program in lieu of contracting with a commercial
refuse hauler.
NOW, THEREFORE, the City Council of the City of Newport Beach, California,
hereby ordains as follows.-
Section
ollows:
Section 1: Section 6.04.170 (Prohibition of Commercial Use of Public Solid Waste
or Recyclable Material Containers) of Chapter 6.04 (Garbage, Refuse and Cuttings) of Title
6 (Health and Sanitation) of the Newport Beach Municipal Code is hereby amended to read
as follows:
6.04.170 Prohibition of Commercial Use of Public Solid Waste, Recyclable
Material, or Divertible Material Bins/Containers.
No person who owns, leases, operates, manages or is employed by a
business, as that term is defined in Section 5.04.010, shall deposit, or cause
to be deposited, any solid waste, recycled material, or divertible material
generated by the business into any public solid waste, public recyclable
material, or public divertible material bin or container unless the business or
property is exempted by resolution of the City Council of the City.
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Ordinance No. 2020 -
Page 3 of 4
Section 2: The table of contents of for Chapter 6.04 of Title 6 of the Newport
Beach Municipal Code is hereby amended to change the title for Section 6.04.170 to the
following:
6.04.170 Prohibition of Commercial Use of Public Solid Waste, Recyclable
Material, or Divertible Material Bins/Containers.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: 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, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because commercial solid waste hauling services are currently
being provided to businesses and properties in the Washington Street and East Bay
Avenue area, therefore, an amendment to Section 6.04.170 has no potential for resulting
in physical change to the environment, directly or indirectly.
Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
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Ordinance No. 2020 -
Page 4 of 4
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 28th day of April, 2020, and adopted on the 12th day of
May, 2020, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A � C � 4;1��
AARON C. HARP, CITY ATTORNEY
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