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HomeMy WebLinkAbout2020-13 - 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/BinsORDINANCE 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; Ordinance No. 2020-13 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 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. Ordinance No. 2020-13 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. Ordinance No. 2020-13 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: Mayor Will O'Neill, Mayor Pro Tem Brad Avery Council Member Brenner Council Member Dixon. Council Member Duffield, Council Member Herdman, Council Member Muldoon NAYS: ABSENT: ATTEST: MAN 1 IiIVE, IMMARIN M09INT1211" CITY CLERK APPROVED AS TO FORM: CITY TORNEY'S OFFICE 7�C RON C. HARP, CITY ATTORNEY WILL O'NEILL, MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2020-13 was duly introduced on the 28th day of April, 2020, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 121h day of May, 2020, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 131h day of May, 2020. VWh0tP1W*K_-'1 Leilani I. Brown, MMC City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2020-13 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: May 6, 2020 Adopted Ordinance: May 16, 2020 In witness whereof, I have hereunto subscribed my name this day of /Vl 2020. A ak Leilani I. town, MMC City Clerk City of Newport Beach, California