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