HomeMy WebLinkAboutAGENDA REPORT 2020 1104 CCSA REG ITEM 09ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 4, 2020
ACTION Introduced Ordinance No. 485.
(Roll Call Vote: Unanimous).
BY B.Garza.
E. Consider an Ordinance Amending Chapter 8.36, Regulating Collection and
Transportation of Solid Waste, of Title 8, Health and Safety, of the Moorpark
Municipal Code. Staff Recommendation: Introduce Ordinance No. ___ for first
reading, waive full reading, and place this ordinance on the agenda for the
November 18, 2020, Regular meeting for purposes of providing second reading
and adoption of the ordinance. (Staff: Mackenzie Douglas) (ROLL CALL VOTE
REQUIRED)
Item: 9.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Kambiz Borhani, Finance Director
BY: Mackenzie Douglass, Program Manager
DATE: 11/04/2020 Regular Meeting
SUBJECT: Consider an Ordinance Amending Chapter 8.36, Regulating
Collection and Transportation of Solid Waste, of Title 8, Health and
Safety, of the Moorpark Municipal Code
SUMMARY
Approval of an ordinance amending Chapter 8.36 will bring the Moorpark Municipal
Code (MMC) into compliance with new organic waste collection thresholds set forth by
Assembly Bill (AB) 1826.
BACKGROUND
Chapter 8.36 of the MMC addresses the collection, transportation, diversion, and
disposal of solid waste and recyclable commodities. This Chapter of the MMC was last
revised in its entirety in January 2020. A part of that comprehensive revision included
the addition of MMC 8.36.090, which required mandatory organic waste collection from
waste generators creating four or more cubic yards of organic waste per week.
In August, 2020, CalRecycle determined that the statewide target of a 50% reduction in
organic waste disposal over the 2014 baseline had not been met. To be clear, the
failure to meet the 50% reduction goal is a statewide issue, as many local jurisdictions
have struggled to meet diversion goals set by the legislature. Based on this finding, a
new, lower threshold for mandatory organics recycling will take effect on January 1,
2021. This lower threshold requires mandatory organic waste collection from waste
generators creating two or more cubic yards of organic waste per week.
Staff is proposing an amendment to Section 8.36.090 of the MMC in order to bring the
City into compliance with the new two cubic yard per week threshold for mandatory
Item: 9.E.
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Honorable City Council
11/04/2020 Regular Meeting
Page 2
organic waste collection required by AB 1826, or Public Resources Code (PRC) Section
42649.81(a)(4). PRC § 42649.81(a)(4) is provided in its entirety:
“(4) On or after January 1, 2020, if the department determines that statewide
disposal of organic waste has not been reduced to 50 percent of the level of
disposal during 2014, a business that generates two cubic yards or more per
week of commercial solid waste shall arrange for the organic waste recycling
services specified in paragraph (3), unless the department determines that this
requirement will not result in significant additional reductions of organics
disposal.”
The City Attorney’s Office has reviewed the attached draft ordinance.
DISCUSSION
Staff is proposing a revision to Section 8.36.090 of the MMC in order to reflect a lower,
2.0 cubic yard threshold for organic waste collection as required by AB 1826.
At this time, staff is working collaboratively with the City’s franchised waste hauler
(Waste Management) to produce an implementation plan that will address shortcomings
in the City’s current commercial and organics recycling programs. In addition to
meeting the requirements set forth by AB 1826, this implementation plan is aimed at
positioning the City to comply with elements of Senate Bill (SB) 1383 that will take effect
in the near future, including a requirement for a 75% reduction in organic waste disposal
by 2025. In short, the MMC revision currently proposed is both a requirement set forth
by AB 1826 and critical piece of the larger AB 1826 and SB 1383 implementation
puzzle.
When City Council amended the MMC in January 2020 to require mandatory organic
waste collection from businesses generating 4.0 cubic yards or more, approximately
193 businesses and 10 multifamily residential properties were affected. As part of the
comprehensive commercial and organics recycling implementation plan outline above,
staff will work with Waste Management to determine which businesses will be effected
by the new 2.0 cubic yard threshold and conduct outreach and education efforts aimed
at ensuring compliance with the revised Municipal Code and state law.
There will be costs associated with mandatory organics recycling that will be borne by
affected businesses. The monthly rate for once-weekly collection of a 64 gallon organic
waste cart is currently $68.32. This rate was approved by City Council in Resolution
No. 2019-3866. Staff anticipates bringing a proposed solid waste rate increase before
Council at the November 18, 2020, meeting that will set the rates for 2021.
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Honorable City Council
11/04/2020 Regular Meeting
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ENVIRONMENTAL DETERMINATION
The Community Development Director has reviewed the contents of the draft ordinance
and determined that it is exempt from the provisions of the California Environmental
Quality Act (CEQA) because CEQA only applies to projects that may have a significant
effect on the environment.
FISCAL IMPACT
This revision to Chapter 8.36 of the MMC will have a negligible fiscal impact on the City.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Introduce Ordinance No. ___ for first reading, waive full reading, and place this
ordinance on the agenda for the November 18, 2020, Regular meeting for purposes of
providing second reading and adoption of the ordinance.
Attachment: Draft Ordinance No. ___
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ATTACHMENT
ORDINANCE NO. ____
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. 478 amended and restated portions of Chapter 8.36,
Solid Waste, of Title 8, Health and Safety, of the Moorpark Municipal Code in January
2020; and
WHEREAS, Assembly Bill (AB) 1826 adopted in October 2014 required
businesses to recycle their organic waste on and after April 1, 2016, depending on the
amount of waste they generate per week; and
WHEREAS, AB 1826 requires that on and after January 1, 2016, local
jurisdictions must implement an organic waste recycling program to divert organic waste
generated by businesses, including multifamily residential dwellings that consist of five
or more units; and
WHEREAS, the California Department of Resources Recycling (“CalRecycle”),
the agency responsible for administration and oversight of California’s non-hazardous
waste handling, including compliance with AB 1826, has determined the a change to
organic waste recycling requirements is necessary to maintain compliance; and
WHEREAS, AB 1826 includes various implementation thresholds requiring
organic recycling thresholds to be expanded effective January 2020 to cover
businesses that generate two (2) cubic yards or more of commercial solid waste per
week; and
WHEREAS, subsection 8.36.090 of Chapter 8.36, Solid Waste, of Title 8, Health
and Safety, of the Moorpark Municipal Code requires an amendment to maintain
compliance with AB 1826; and
WHEREAS, at its meeting of November 4, 2020, the City Council introduced 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.
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Ordinance No. ___
Page 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
ORDAINS AS FOLLOWS:
SECTION 1. Subsection 8.36.090 “Organic Waste” is hereby amended to read
as follows:
Businesses that generate four (4) two (2) 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.
SECTION 2. 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 3. 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 4. Effective Date. This ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 5. Publication and Certification. The City Clerk shall certify to the
passage and 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.
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Ordinance No. ___
Page 3
PASSED AND ADOPTED this 18th day of November, 2020.
________________________________
Janice S. Parvin, Mayor
ATTEST:
____________________________
Ky Spangler, City Clerk
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