The URL can be used to link to this page

Home My WebLink About03 - Amending Section 6.04.170 Prohibiting Commercial Properties and Businesses from Disposing of Solid Waste in Public Waste ContainersQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report May 12, 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. On April 28, 2020, the City Council introduced and conducted the first reading of Ordinance No. 2020-13, which amends Newport Beach Municipal Code (NBMC) Section 6.04.170 relating to Prohibiting Commercial Properties and Businesses from Disposing of Solid Waste in Public Waste Containers. 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. 3-1 Ordinance No. 2020-13: Amending Section 6.04.170 Prohibiting Commercial Properties and Businesses from Disposing of Solid Waste in Public Waste Containers May 12, 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) Conduct second reading and adopt 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. 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. 3-2 Ordinance No. 2020-13: Amending Section 6.04.170 Prohibiting Commercial Properties and Businesses from Disposing of Solid Waste in Public Waste Containers May 12, 2020 Page 3 The attached ordinance was introduced and considered at the April 28, 2020, City Council meeting. The ordinance amends the Newport Beach Municipal Code (NBMC) Section 6.04.170 and would authorize underlying commercial property owners, 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. Upon approval and adoption 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 3-3 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; 3-4 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 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. 3-5 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. 3-6 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: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 3-7