HomeMy WebLinkAboutAGENDA REPORT 2020 0115 REG CCSA ITEM 11ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of January 15, 2020
ACTION Adopted Ordinance No. 478. BY
B.Garza.
A. Consider Ordinance No. 478 Amending Chapter 8.36, Solid Waste, of Title 8,
Health and Safety, of the Moorpark Municipal Code, and Approving a California
Environmental Quality Act Exemption in Connection Therewith. Staff
Recommendation: Waive full reading, declare Ordinance No. 478 read for the
second time, and adopted as read. (ROLL CALL VOTE REQUIRED)
Item: 11.A.
ORDINANCE NO. 478
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 8.36, SOLID WASTE,
OF TITLE 8, HEALTH AND SAFETY, OF THE MOORPARK
MUNICIPAL CODE, AND APPROVING A CALIFORNIA
ENVIRONMENTAL QUALITY ACT EXEMPTION IN
CONNECTION THEREWITH
WHEREAS, Ordinance No. 394 amended and restated Chapter 8.36, Solid
Waste, of Title 8, Health and Safety, of the Moorpark Municipal Code in its entirety in
November 2010; and
WHEREAS, certain sections, subsections, clauses, phrases, and parts or
portions of Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the Moorpark
Municipal Code are hereby amended and restated to read as stated in Sections 1
through 20 of this ordinance; and
WHEREAS, at its meeting of December 18, 2019, the City Council adopted this
ordinance amending Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the
Moorpark Municipal Code; and
WHEREAS, the City Council concurs with the Community Development
Director’s determination that this amendment is not a project within the meaning of
Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines,
because it has no potential for resulting in physical change in the environment, directly
or indirectly.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
ORDAINS AS FOLLOWS:
SECTION 1. Article I of the Table of Contents is hereby amended to read as
follows:
“Article I. General Regulations
8.36.005 Purpose.
8.36.010 Definitions.
8.36.020 Origin, storage, and ownership of solid waste.
8.36.030 Provisions of service.
8.36.035 Persons authorized to collect and transport solid waste.
8.36.040 Collection arrangements required.
8.36.045 Exemption from collection requirements.
8.36.050 Final determination of service levels and pickup locations by city.
Item: 11.A.
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Ordinance No. 478
Page 2
8.36.060 Containers. 8.36.070 Placement of containers and bulky items.
8.36.075 Recyclable materials and recyclable solid waste collection.
8.36.080 Green waste collection.
8.36.085 Composting.
8.36.090 Organic waste.”
SECTION 2. Section 8.36.010 of Chapter 8.36 (Solid Waste) of Title 8 (Health
and Safety) is hereby amended to revise and replace existing definitions, and also add
new definitions as follows:
“C&D materials management plan” or “Construction and demolition materials
management plan” or “C&DMMP" shall mean the plan described in Section 8.36.640.
“Cathode Ray Tube” or “CRT” means the glass video display component of an
electronic device (usually a television or computer monitor)
“Commercial solid waste” means all types of solid waste, including organic
waste, and recyclable solid waste, generated or accumulated at commercial premises
and placed in commercial bins.
“Compostable material” means any organic material that when accumulated will
become active compost.
“Container” means all collection containers provided by or accepted by the
franchisee and approved by the city manager for collection of solid waste, recyclable
solid waste, organic waste, and C&D material from residential premises and commercial
premises.
“Food waste” means solid, semisolid, and liquid food, such as, fruit, vegetables,
cheese, meat, bones, poultry, seafood, bread, rice, pasta, and oils; coffee grounds and
filters and tea bags; cut flowers and herbs; and any putrescible matter produced from
human or animal food production, preparation, and consumption activities. Food waste
includes food-soiled paper.
“Food-soiled paper” means uncoated products such as napkins, paper towels,
tissues, formed paper packaging such as egg cartons, and some paper plates and
cups.
“Franchise” means the right and privilege granted by the city: (1) to make
arrangements for the collection of and to collect solid waste; (2) to transport solid waste
to landfills, transformation facilities, compostable materials facilities, and organic waste
facilities; and/or (3) to process and recycle solid waste collected within the city.
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Ordinance No. 478
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“Large event” means any event that charges an admission price, or is operated
by a local agency, or for which an applicant seeks temporary or periodic use or
occupancy in or on a public street, publicly owned site or facility or public park within the
city for a civic, commercial, recreational or social event attended by more than two
thousand (2,000) persons, including workers and volunteers, per day of operation.
“Medication waste” means items intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or other animals. Medication
waste is synonymous with drug waste, pharmaceutical waste, unused or expired
medication, unused or expired drugs, prescription and over-the-counter human drugs,
veterinary drugs, diagnostic agents, and nutritional supplements.
“NPDES” means the National Pollutant Discharge Elimination System permit
currently active and in effect in the city.
“Organics” or “Organic waste” means food waste, green waste, landsca pe and
pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in
with food waste.”
SECTION 3. Section 8.36.030 is hereby amended and replaced in its entirety to
read as follows:
“8.36.030 Provisions of service.
In order to protect public health, safety and well-being, to control the spread of vectors,
and to limit sources of air pollution, noise and traffic within the city and pursuant to
California Public Resource Code 40059, as it may be amended from time to time, or any
successor provision or provisions thereto, the city shall have, and hereby retains, the
authority to issue permits or licenses or enter into agreements, including exclusive
permits and agreements, for solid waste collection services as provided by this chapter
and with the terms and conditions imposed by the city council. The city council may
grant one or more exclusive solid waste franchises to one or more solid waste
enterprises to make arrangements with the persons in charge of day-to-day activities or
operations at commercial and residential premises in the city for the collection, transfer,
recycling, composting and disposal of solid waste within and throughout the city.
A. A solid waste enterprise which arranges for the collection of solid wastes
shall make arrangements with its customers specifying the manner in which integrated
waste management services are to be provided, subject to the terms of its solid waste
franchise, as well as to the city’s exercise of its police powers to protect public heal th,
safety and well-being and to limit the spread of vectors and limit sources of noise and
air pollution within the city by prohibiting the collection of solid waste between certain
hours and on certain holidays.
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Ordinance No. 478
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B. In order to carry out its duties to plan for the management of vehicular
traffic and mitigate adverse air quality effects, the city council may determine solid
waste management collection categories, including, but not limited to, e.g., residential,
multifamily residential, commercial, industrial, C&D material, temporary bin and roll-off
box, special event, large event, electronic waste, universal waste, medical waste,
household hazardous waste, recyclable material, green waste, food waste, organics,
medication waste, compostable material, food-soiled paper, and others and may make
or impose solid waste franchise, license, contract or permit requirements which vary for
such categories.
C. The city shall have the ability to provide for or furnish integrated waste
management services relating to collection, transfer, processing and disposal of solid
waste including, but not limited to, discards, C&D material, recyclable material, green
waste, food waste, and hazardous waste within and throughout the city. Such services
may be furnished by any one of or any combination of the following: (1) city officers and
employees; (2) contractors franchised, permitted or licensed by the city; or (3)
agreement with another local agency.”
SECTION 4. Subparagraph B.1 of Section 8.36.035 is hereby amended and
replaced in its entirety to read as follows:
“1. C&D material removed from the premises by a licensed contractor with a
valid Moorpark business registration and any necessary permits, using their own
employees and equipment as an incidental part of a total service provided by the
contractor and abiding by Article VI of this chapter.”
SECTION 5. Paragraph B of Section 8.36.070 is hereby amended and replaced
in its entirety to read as follows:
“B. Any container or bulky item permitted to be placed for collection adjacent
to a street must be placed behind but as close to the curbline or the street right-of-way
line as practicable. Any such container, bulky item, or solid waste material permitted to
be placed for collection adjacent to an alley must be placed on the premises as close to
the property line as practicable. At no time may containers be placed on a sidewalk,
either public or private.”
SECTION 6. Section 8.36.090 is hereby added to Chapter 8.36, as follows:
“8.36.090 Organic waste.
Businesses that generate four (4) cubic yards or more of commercial solid waste per
week, and multifamily residential with five (5) or more units, shall arrange for organic
waste recycling services. Food waste collection shall be placed in designated food
waste containers and not commingled with other wastes, including other types of green
waste.”
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Ordinance No. 478
Page 5
SECTION 7. Sub-paragraph A.5 of Section 8.36.325 is hereby amended and
replaced in its entirety to read as follows:
“5. The franchisee shall be required to collect all fees and charges billed or
collected by each franchisee for its franchised services and must not exceed the
maximum schedule of fees and charges approved by the city council.”
SECTION 8. Sub-paragraph A.2 of Section 8.36.340 is hereby amended to and
replaced in its entirety to read as follows:
“2. Violating any regulation of the state, the California Department of Toxic
Substances Control, the California Air Resources Board, or any of their respective
successor agencies, a regulatory agency, a local enforcement agency, the Moorpark
Municipal Code, or any material condition of a franchise affecting public health and
safety in the city.”
SECTION 9. Paragraph C of Section 8.36.340 is hereby amended and replaced
in its entirety to read as follows:
“C. Response. At the expiration of the time set for response from the franchisee,
the administrative authority shall review the record, including any written response from
the franchisee to the notice of deficiencies, and take either of the following actions: (1)
resolve the matter in favor of the franchisee; or (2) order remedial action to cure any
breach. In either event, the administrative authority shall inform the franchisee in writing
of the decision. A decision or order of the administrative authority shall be final and
conclusive unless the franchisee files a notice of appeal to the city council with the city
clerk (with a copy to the city manager and the city attorney) within ten (10) days of
mailing of the decision. The notice of appeal to the city council shall state the legal basis
and all legal and factual contentions of the franchisee and shall include all evidence,
including, but not limited to, affidavits, documents, photographs, electronic messaging,
digital images, digital audio recordings, CDs, and DVDs. A notice to appeal to the city
council shall not be accepted by the city clerk for filing unless accompanied by a notice
of appeal filing fee in an amount to be set by city council resolution.”
SECTION 10. Paragraphs B and C of Section 8.36.350 are hereby amended
and replaced in their entirety to read as follows:
“B. The city council may establish, by resolution, a ceiling on the amounts of
charges a franchisee may charge for solid waste collection in addition to any required
fees. Except as provided in subsection D, or as otherwise provided in a franchise
agreement the city council will consider adjustments to the maximum permitted charges
once per calendar year. The maximum rates may not be increased without prior written
approval of the city council by resolution.
C. The city council shall have the power to approve, deny or modify in any
respect or particular instance the schedule of rates for the collection of solid waste from
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Ordinance No. 478
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commercial or residential premises in the city, based upon the fairness of the rate
increase to the franchisee and whether or not said increase will be detrimental or
injurious to the affected customers, and shall thereafter, by resolution adopt a rate
schedule for collection of solid waste.”
SECTION 11. Paragraphs A and B of Section 8.36.365 are hereby amended
and replaced in their entirety to read as follows:
“A. Any person or entity handling and transporting solid waste, including
recyclable solid waste, and organic waste, within the city must clean up immediately, or
arrange for the immediate clean up, of any solid waste or liquid waste released, spilled
or dumped into the environment during collection, handling, or transport within the city
by such person or any vehicle fluid spill from collector’s vehicles.
B. Until solid waste has been picked up by a franchisee or collector, or is
self-hauled, the person in charge of the day-to-day activities or operations of each
residential and commercial premises in the city shall be responsible for the cleanup of
any and all solid waste generated, deposited, released, spilled, leaked, pumped,
poured, emitted, emptied, discharged, injected, dumped, or disposed into the
environment, or which has come to be located outside an authorized container on, at, or
in the premises of which the person is in charge. This cleanup responsibility includes
the cleanup of solid waste, including recyclable solid waste, and organic waste which
has come to be located outside an authorized container for the collection of such solid
waste, notwithstanding human or animal interference with a container, wind, or other
natural forces and whether during storage, collection, removal, or transfer. For purposes
of this section, the term “disposed into the environment” sha ll include, but not be limited
to, the abandonment of or discarding of barrels, containers, and other closed
receptacles of solid waste or liquid waste of any kind whatsoever.”
SECTION 12. Paragraphs A and B of Section 8.36.370 are hereby amended
and replaced in their entirety to read as follows:
“A. All solid waste collection from residential premises and commercial
premises adjacent to residential premises shall be made between the hours of seven
(7:00) a.m. and six (6:00) p.m., Monday through Friday, and on Saturday as specified in
subsection D of this section, or as set forth in the franchise agreement.
B. All solid waste collection from commercial premises not adjacent to
residential premises shall be made between the hours of six (6:00) a.m. and six (6:00)
p.m., Monday through Friday and between the hours of eight (8:00) a.m. and three
(3:00) p.m. on Saturday, or as set forth in the franchise agreement.. At no time is
collection allowed on Sunday except as specified in subsection D of this section, or as
set forth in the franchise agreement.”
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Ordinance No. 478
Page 7
SECTION 13. Section 8.36.440 of Chapter 8.36 is hereby amended and
replaced in its entirety to read as follows:
“8.36.440 Use of container of another.
To protect public health, safety, and well-being and to prevent the contamination
of solid waste, including recyclable solid waste, and organic waste, no person shall
place solid waste in, or otherwise use the solid waste container, including a recyclable
solid waste, organic waste, or other waste container, of another, without the prior written
permission of such other person.”
SECTION 14. Paragraph D of Section 8.36.520 is hereby amended in its
entirety to read as follows:
“D. All large event applicants and large venue operators shall agree to the
following: On or before October 1, and annually thereafter, the operator of a large venue
shall meet with the administrative authority, franchisees and/or collectors of the large
venue to determine the appropriate waste reduction programs to meet the requirements
of this chapter.”
SECTION 15. Section 8.36.655 is hereby amended and replaced in its entirety
to read as follows:
“8.36.655 C&DMMP diversion security deposits.
Each applicant for a permit for a covered project, except the city, shall submit a
C&DMMP diversion security deposit along with the C&DMMP. The amount of the
diversion security deposit shall be established by resolution of the city council. The
administrative authority may waive the diversion security deposit if the diversion security
deposit required pursuant to this section would be five hundred dollars ($500.00) or
less.”
SECTION 16. Section 8.36.675 of Chapter 8.36 is hereby amended and
replaced in its entirety to read as follows:
“8.36.675 Documentation of construction and demolition material diversion.
Applicants shall make reasonable efforts to ensure that all C&D material diverted
or delivered to disposal facilities for disposal, are measured and recorded using the
most accurate method of measurement available. To the extent practicable, all C&D
materials, and inert waste to be removed from the waste stream and not disposed of in
a solid waste landfill, shall be weighed on scales. Such scales shall be in compliance
with all state and county regulatory requirements for accuracy and maintenance. For
C&D material for which weighing is not practical due to small size or other
considerations, a volumetric measurement shall be used. For conversion of volumetric
measurements to weight, the applicant shall use the standardized conversion rate s
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approved by the city for this purpose. Documentation of the foregoing shall consist of
photocopies of receipts, weight tickets, gate tickets, and other records from recycling
facilities, deconstruction contractors, solid waste enterprises and disposal fa cilities.”
SECTION 17. Paragraphs A, B, and C of Section 8.36.680 are hereby
amended and replaced in their entirety to read as follows:
“A. Full Compliance. If the administrative authority determines that the
applicant has fully complied with the C&DMMP requirements applicable to the project,
the administrative authority shall cause the full diversion security deposit, less the
review fee, to be released to the applicant.
B. Good Faith Effort to Comply. If the administrative authority determines
that the C&DMMP has not been complied with, the administrative authority may
determine whether the applicant made a good faith effort to comply with this article. In
making this determination, the administrative authority shall consider the availability of
markets for the C&D materials transported for disposal in a landfill or transformation
facility, the size of the project, and documented efforts of the applicant to divert C&D
materials and remove inert waste from the waste stream. If the administrative authorit y
determines that the applicant has made a good faith effort to comply with this chapter,
the administrative authority shall approve the release of the full diversion security
deposit, or a portion thereof, less the review fee, to the applicant. Any portion of the
diversion security deposit not released to the applicant shall be forfeited to the city.
C. Failure to Comply. If the administrative authority determines that the
applicant has not made a good faith effort to comply with this article, or if the applicant
failed to submit the documentation required in Section 8.36.670, within the required time
period, then the full diversion security deposit shall be retained by the city for purposes
of promoting recycling within the city.”
SECTION 18. Section 8.36.685 is hereby amended and replaced in its entirety
to read as follows:
“8.36.685 C&DMMP exemptions.
A. If an applicant for a covered project experiences or anticipates unique
circumstances that the applicant believes make it not feasible to comply with the
diversion requirement, the applicant may apply for an exemption at the time that the
applicant submits the C&DMMP required under this chapter. The applicant shall indicate
on the C&DMMP the maximum rate of diversion the applicant believes is feasible for
each material, by weighted percentage, and the specific circumstances that the
applicant believes make it not feasible to comply with the diversion requirement. A
review fee for the C&DMMP exemption process shall be established by resolution of the
city council.
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B. The administrative authority shall review the information supplied by the
applicant and may meet with the applicant to discuss possible ways of meeting the
diversion requirement. Based on the information supplied by the applicant, the
administrative authority shall determine whether it is possible for the applicant to meet
the diversion requirement.
C. If the administrative authority determines that it is not feasible for the
applicant to meet the diversion requirement, the administrative authority shall determine
the maximum feasible diversion rate for each material and shall indicate this rate on the
C&DMMP submitted by the applicant. The administrative authority shall return a copy of
the C&DMMP to the applicant marked “approved for partial exemption” and shall notify
the division of building and safety that the C&DMMP has been approved.
D. If the administrative authority determines that it is possible for the
applicant to meet the diversion requirement, the administrative authority shall deny the
application for exemption and inform the applicant in writing of the denial and reasons
for the denial. The applicant shall have thirty (30) days after the receipt of notification to
resubmit a C&DMMP form in full compliance with this article. If the applicant fails to
resubmit the C&DMMP, or if the resubmitted C&DMMP does not comply with this
article, the administrative authority shall deny the C&DMMP and the division of building
and safety shall not issue a permit for that project.”
SECTION 19. Section 8.36.690 is hereby amended and replaced in its entirety
to read as follows:
“8.36.690 Appeals.
A. A decision or order of the administrative authority shall be final and
conclusive unless the applicant files a notice of appeal to the city council with the city
clerk (with a copy to the city manager and the city attorney) within ten (10) days of
mailing of the decision. The notice of appeal to the city council shall state the legal basis
and all legal and factual contentions of the franchisee and shall include all evidence,
including, but not limited to, affidavits, documents, photographs, digital images, digital
audio recordings, electronic messaging, CDs, and DVDs. A notice to appeal to the city
council shall not be accepted by the city clerk for filing unless accompanied by a notice
of appeal filing fee in an amount to be established by resolution of the city council.
B. The written appeal shall be considered by the city council no more than
sixty (60) business days from the date of the filing.
C. The final ruling made by the city council, shall be in writing, stating the
legal and factual basis for the decision. The decision shall be final and conclusive.”
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SECTION 20. Section 8.36.740 is hereby amended and replaced in its entirety
to read as follows:
“8.36.740 Self-haul reporting requirements.
Each person with a valid self-haul exemption permit shall submit reports to the
city, in a format and at a frequency determined by the administrative authority. Required
report information shall include, but is not limited to, the type, quantity, volume, weight,
and disposal facility destination of the solid waste collected in the city, and may include
gate tickets or receipts to substantiate its disposal and recycling reports. Reports are
due annually by December 1, in a format prescribed by the city manager. Failure to
submit required self-haul permit reports to the city within the required frequency shall be
a basis for revocation of a self-haul exemption permit.”
SECTION 21. CEQA. The Community Development Director has determined
that this Ordinance is not a project within the meaning of Section 15378 of the State of
California Environmental Quality Act ("CEQA") Guidelines, because it has no potential
for resulting in physical change in the environment, directly or indirectly. The Ordinance
is exempt from CEQA because the City Council's adoption of the Ordinance is covered
by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. (State CEQA Guidelines, §
15061(b)(3)). This Ordinance modifies a regulatory structure for the collection of solid
waste and recyclables.
SECTION 22. Chapter Amended. Chapter 8.36 of Title 8 of the Moorpark
Municipal Code is hereby amended as shown in Sections 1 through 20 of this
ordinance.
SECTION 23. Severability. If any sections, subsections, sentence, clause, or
phrase of the Chapter adopted by this Ordinance is for any reason held to be invalid or
unconstitutional by the decision or legislation of any court of competent jurisdiction, or
by reason of preemptive legislation, such decision or legislation shall not affect the
validity of the remaining portions of the Chapter. The City Council declares that it would
have passed this Ordinance, and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that one or more of the sections, subsections,
sentences, clauses, or phrases thereof is declared invalid or unconstitutional.
SECTION 24. Effective Date. This ordinance shall become effective thirty (30)
days after its passage and adoption.
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SECTION 25. Publication and Certification. The City Clerk shall certify the
adoption of this Ordinance; shall enter the same in a book of original ordinances of said
City; shall make a written record of the passage and adoption thereof in the minutes of
the proceedings of the City Council at which the same is passed and adopted; and shall
publish notice of adoption in the manner required by law.
APPROVED AND ADOPTED this 15th day of January, 2020.
________________________________
Janice S. Parvin, Mayor
ATTEST:
____________________________
Ky Spangler, City Clerk
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