HomeMy WebLinkAbout3A OCRCITY COUNCIL STAFF REPORT
DATE: October 22, 2020 LEGISLATIVE
SUBJECT: PROPOSED ORDINANCE ESTABLISHING A MANDATORY
COMMERCIAL SOLID WASTE AND ORGANIC WASTE RECYCLING
REQUIREMENT FOR CERTAIN BUSINESSES AND MULTIPLE-FAMILY
RESIDENTIAL DWELLINGS
FROM: David H. Ready, City Manager
BY: Department of Development Services, Office of Sustainability
SUMMARY:
The City Council will consider introducing for adoption an Ordinance amending Chapter
6.04 of the Palm Springs Municipal Code to add a mandatory commercial solid waste and
organic waste recycling requirement for certain businesses and multiple-family residential
dwellings consistent and in compliance with state laws passed to further the City's
requirements to enforce recycling measures and meet the State's goals. A draft resolution
is prepared for adoption upon second reading of the Ordinance that will amend th$ master
bail schedule to set criminal fine amounts for violation of the proposed Ordinance.
It is important to note that the proposed Ordinance does not add new recycling
requirements for commercial businesses or multiple-family residential dwellings as these
requirements were previously imposed by the State; rather, the Ordinance implements
the mandatory requirements that have been imposed by the State allowing for its
enforcement by the City.
RECOMMENDATION:
Waive the first reading of the ordinance text in its entirety and introduce Ordinance
No. ___ , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 6.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING
TO MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE
RECYCLING."
ITeMNO. 3fl
2City Council Staff Report October 22, 2020 --Page 2 Introduction of Ordinance Amending PSMC 6.04 Mandatory Recycling Requirements BACKGROUND: State Laws The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery (CalRecycle), required that local jurisdictions divert from landfill disposal a minimum of 50% of all waste generated within the jurisdiction through source reduction, recycling and composting programs. In 2011, the State enacted Assembly Bill ("AB") 341, which set a policy goal that not less than 75% of solid waste generated in California be diverted from landfills by the year 2020. In order to reach that goal, AB 341 set mandatory recycling requirements for certain businesses, and requires that local jurisdictions implement a recycling program to ensure compliance. AB 341 requires businesses that generate four cubic yards or more of commercial solid waste per week and multiple-family residential dwellings consisting of five or more units subscribe to a basic level of recycling collection services or take other efforts that would achieve similar results. AB 341 requires each jurisdiction implement a commercial solid waste recycling program, directed at businesses and multiple-famiJy residential dwellings, to divert commercial solid waste from landfills. This program may include, but is not limited to, any of the following: (1) implementing a mandatory commercial solid waste recycling policy or ordinance; (2) requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement; or (3) requiring all commercial solid waste to go through either a source-separated or mixed-processing system that diverts material from disposal. A jurisdiction's commercial solid waste recycling program must include outreach to businesses consisting of education and monitoring. In 2014, the State enacted AB 1826, which contained mandatory provisions identical to that of AB 341, but was aimed at organic waste. As of September 2020, the law has a lower threshold trigger compared to AB 341 -requiring that a business implement an organics recycling program if it generates two cubic yards or more of commercial solid waste per week instead of the four cubic yard threshold under AB 341. In 2019, the State enacted AB 827, which requires businesses who are subject to AB 341 and AB 1826, and provide customers access to the business, to provide -as of July 1, 2020 -containers that can be used by customers to collect commercial and organic recyclable materials resulting from purchases made on the premises for immediate
3City Council Staff Report October 22, 2020 --Page 3 Introduction of Ordinance Amending PSMC 6.04 Mandatory Recycling Requirements consumption. While this law took effect July 1, 2020, it has had limited impact due to the COVID-19 restrictions on in-house dining. The State conducts periodic reviews of the City's compliance with these requirements and can impose fines of up to $10,000 per day for the City's failure to enforce the provisions of the State's laws related to recycling. The City's Current Recycling Program The City is committed to compliance with the requirements of the Integrated Waste Management Act of 1989, and AB 341, 1826, and 827. In fact, the City has set a goal -in excess of the State's 75% waste diversion goal -that no less than 90% of solid waste materials generated within its boundaries be diverted from landfills. Palm Springs Disposal Service ("PSDS") is the City's contracted franchise solid waste hauler and readily provides commercial solid waste and organic waste recycling services to businesses within the City. However, a business must first subscribe to PSDS for the service. For commercial solid waste, PSDS provides once a week recycling collection services at no additional charge to customers. However, organic waste recycling services do require an additional charge due to the costs incurred by PSDS for collecting and transporting this third waste-stream. Over several years, Staff has coordinated with PSDS to educate businesses about the State's mandatory recycling requirements and to help facilitate compliance. One method the City uses is sending annual compliance letters to all businesses subject to the law. Last year, the City updated its compliance letter to notify businesses that the City expected to adopt an Ordinance to codify the state's recycling requirements, which could lead to fines for non-compliance. This effort generated better compliance through more businesses contacting PSDS to verify their compliance status or subscribe for recycling services. Last year Staff also personally visited non-compliant businesses to discuss program requirements, review site operations, provide recommendations, and reiterate the need for businesses to either comply or explain why they could not comply so that their status was documented. Though compliance with the law has gradually increased over the years, there is still room for improvement. The compliance rate for AB 341 (recycling) is about 90%, while AB 1826 (organics) compliance is about 40%. About 450 businesses are subject to AB 341 and about 500 are subject to AB 1826.
4City Council Staff Report October 22, 2020 --Page 4 Introduction of Ordinance Amending PSMC 6.04 Mandatory Recycling Requirements STAFF ANALYSIS: Chapter 6.04 of the Palm Springs Municipal Code regulates Waste Disposal and Diversion. Chapter 6.04 was substantively adopted in 1993 to comply with the requirements of California Integrated Waste Management Act of 1989, and was last amended in 2013 to incorporate provisions from the franchise approved by the City Council with PSDS at that time. Chapter 6.04 does not mandate solid waste recycling, and is silent regarding organics recycling. In order to ensure the City is compliant with State law, an amendment to Chapter 6.04 is necessary to reflect the mandatory requirements for solid waste and organics recycling. The proposed Ordinance is included as Attachment A, and sets forth the minimum requirements under State law. Although State law allows the City to set stricter requirements, the proposed Ordinance sets these requirements consistent with State law. The State continues to pass new laws and implement new regulations enforcing recycling throughout the State, including new organics recycling regulations related to Senate Bill 1383 to be finalized later this year. Knowing this fact, Staff will be required to introduce a future Ordinance to implement these additional requirements once finalized by the State. The proposed Ordinance is applicable to the following entities related to solid waste recycling: • A commercial business that generates four cubic yards or more of commercial solid waste per week; or • Multiple-family residential dwellings consisting of five or more units The proposed Ordinance implements the following mandatory requirements related to solid waste recycling (which have thus far been implemented by the City and PSDS through education and voluntary compliance): • Subscribe to commercial solid waste recycling services through the City's authorized waste collection contractor; • Maintain recycling containers on their premises that are to be provided by the waste collection contractor; and • Source separate commercial recyclable materials from waste. The proposed Ordinance is applicable to the following entities related to organics waste recycling: • A commercial business that generates two cubic yards or more of commercial solid waste per week; or • Multiple-family residential dwellings consisting of five or more units
5City Council Staff Report October 22, 2020 --Page 5 Introduction of Ordinance Amending PSMC 6.04 Mandatory Recycling Requirements The proposed Ordinance implements the following mandatory requirements related to organics waste recycling (which have thus far been implemented by the City and PSDS through education and voluntary compliance): • Subscribe to commercial organics waste recycling services through the City's authorized waste collection contractor; • Maintain recycling containers on their premises that are to be provided by the waste collection contractor; and • Source separate organics recyclable materials from waste 1 The proposed Ordinance will allow commercial businesses to self-haul commercial and organics recyclable materials to a legally permitted recycling facility in lieu of subscribing to PSDS for such service. The proposed Ordinance also includes exemptions for situations where space is limited or where quantities of materials generated are very small. The enforcement provisions in the Ordinance allow 60 days for businesses to come into compliance after an initial notice. A draft Resolution amending the City's Bail Schedule to implement fines for violations of the mandatory recycling provisions is included as Attachment B. The proposed fines for violations of the proposed Ordinance would be established as follows: 1st violation: 2nd violation: 3rd violation: Misdemeanor: $100 $ 200 $ 500 $1,000 The Resolution is necessary to implement these fines for failure to comply, and as with any code enforcement the City's efforts will initiate with education and voluntary compliance prior to issuing citations levying fines on those that fail to comply after repeated efforts to obtain compliance. However, given the State's recent efforts to obtain compliance by cities and Counties, it is important the City adopts these fines as a tool to ensure compliance. Adoption of the draft Resolution will be included with the City Council's consideration of the second reading and adoption of the proposed Ordinance. 1 Currently, State law exempts multiple-family residential units subject to organics waste recycling from diverting "food waste", and currently mandates recycling of "green waste". The proposed Ordinance follows this current exemption for diversion of food waste.
6City Council Staff Report October 22, 2020 --Page 6 Introduction of Ordinance Amending PSMC 6.04 Mandatory Recycling Requirements ENVIRONMENTAL ASSESSMENT: The proposed Ordinance will likely result in positive environmental benefits. Promoting increased recycling and composting of organics will prevent materials from going to landfills and will result in reduced greenhouse gas emissions. Thus, it contributes to the City's sustainability goals related to waste diversion and greenhouse gas reductions. Staff finds that the adoption of this Ordinance is not a "project" under California Environmental Quality Act ("CEQA") Guidelines section 15060(c)(2) and (c)(3) because there is no potential that adoption of the Ordinance will result in either a direct physical change or reasonably foreseeable indirect change in the environment. In the alternative, even assuming the adoption of the Ordinance is a "project" within the meaning of CEQA, the Ordinance is nonetheless exempt from CEQA review pursuant to CEQA Guidelines sections 15307 (Class 7 exemption) and 15308 (Class 8 exemption). Classes 7 and 8 apply to actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration or enhancement of natural resources, and for the protection of the environment. Here, the City is authorized pursuant to Public Resources Code sections 42649.3 and 42649.82 to adopt the proposed Ordinance requiring businesses and multiple-family residential dwellings to subscribe to commercial solid waste and organic waste recycling services to reduce greenhouse gas emissions, save energy, and reduce the need to extract raw materials for production. Further, none of the exceptions to the exemptions under CEQA Guidelines section 15300.2 apply because adoption of the proposed Ordinance will not result in a cumulative impact from successive projects of the same type, and in the same place, over time; there is no reasonable possibility that adoption of the proposed Ordinance will have a significant effect due to unusual circumstances; adoption of the proposed Ordinance will not result in any damage to scenic resources, including but not limited to trees, historic buildings, rock outcroppings or similar resources within a highway officially designated as a state scenic highway; adoption of the proposed Ordinance will not affect a hazardous waste site or any other site included on a list compiled pursuant to Government Code Section 65962.5; and adoption of the proposed Ordinance will not cause a substantial adverse change to the significance of any historical resource. Accordingly, Classes 7 and 8 would independently exempt adoption of the proposed Ordinance from CEQA. FISCAL IMPACT: The fiscal impact to businesses will vary depending on the type of new service required. Basic solid waste recycling service is provided as part of commercial trash collection services; high-volume generators would incur additional fees for additional recycling collections and containers. For example, an additional 3 cubic yard recycling dumpster is
7City Council Staff Report October 22, 2020 --Page 7 Introduction of Ordinance Amending PSMC 6.04 Mandatory Recycling Requirements $52.55 per month. An additional small cart similar to residential curbside carts is only $5.94 per month. Restaurants that generate food waste will be required to subscribe to PSDS for organics waste collection service. The number of collections per week and the size of containers will vary based on the quantity that each restaurant generates. PSDS charges $66.15 per month for a 32-gallon container for once per week service. Each additional 32-gallon container is charged an additional $36.26 per month. Green waste bins (for landscape waste) are already available to businesses at an additional cost. However, businesses that generate landscape waste typically arrange for their landscape company to take these materials to a composting facility. Those that do not may incur additional landscape disposal fees either through PSDS or through their landscape company. By participating in recycling and organic waste recycling, some waste generators may be able to reduce the number of trash collections or resize trash containers thereby mitigating the cost impact of non-organic and organic waste recycling. Attachments: A. Proposed Ordinance B. Draft Resolution to Update Bail Schedule Flinn Fagg, AICP Director, Development Services City Attorney
8ATTACHMENT A: PROPOSED ORDINANCE
9ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE RECYCLING. City Attorney's Summary This Ordinance amends Chapter 6. 04 to establish mandatory recycling requirements pursuant to Chapters 12.8 and 12.9 of the California Public Resources Code for businesses that generate a certain level or commercial and organic waste per week, and for multiple-family residential dwellings consisting of five or more units in compliance of Assembly Bills 341 (2011), 1826 (2014), and 827 (2019). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: WHEREAS, the California Integrated Waste Management Act of 1989, commonly referred to as Assembly Bill ("AB") 939, codified in substantial part at Public Resources Code § 40000 et seq., requires all jurisdictions within California to divert from landfill disposal a minimum of 50% of municipal solid waste generated annually within the jurisdiction through source reduction, recycling and composting programs; and WHEREAS, the City, through its Office of Sustainability, is committed to AB 939 compliance and works closely with its authorized waste collection contractor to divert waste from local landfills; and WHEREAS, in 2011, Governor Jerry Brown signed into law AB 34·1, which set a policy goal for the State that not less than 75% of solid waste generated be source reduced, recycled or composted by the year 2020; and WHEREAS, AB 341 currently requires a business that generates four cubic yards or more of commercial solid waste per week, or is a multiple-family residential dwelling consisting of five or more units, to arrange for recycling services consistent with State or local laws to the extent that these services are offered and reasonably available from a local service provider; and WHEREAS, AB 341 requires all jurisdictions within California to implement a commercial solid waste recycling program, directed at businesses, that may include, but is not limited to: (1) implementing a mandatory commercial solid waste recycling policy or ordinance; (2) requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement; or (3) requiring all commercial solid waste to go through either a source separated or mixed processing system that diverts material from disposal; and
10Ordinance No. Page2 WHEREAS, AB 341 provides that a jurisdiction's commercial solid waste recycling program may include enforcement provisions, including a structure for fines and penalties; and WHEREAS, in 2014, Governor Jerry Brown signed into law AB 1826, which currently requires a business that generates two cubic yards or more of commercial solid waste per week, or is a multiple-family residential dwelling consisting of five or more units, to arrange for recycling services -specifically for organic waste -consistent with State or local laws; and WHEREAS, AB 1826 requires all jurisdictions within California to implement an organic waste recycling program, directed at businesses, that may include, but is not limited to: (1) implementing a mandatory commercial organic waste recycling policy or ordinance; (2) requiring a mandatory commercial organic waste recycling program through a franchise contract or agreement; or (3) requiring organic waste to go through either a source separated or mixed processing system that diverts material from disposal; and · WHEREAS, AB 1826 provides that a jurisdiction's organic waste recycling program may include enforcement provisions, including a structure for fines and penalties; and WHEREAS, in 2019, Governor Gavin Newsom signed into law AB 827, which requires businesses who are subject to AB 341 or AB 1826, and that provide customers access to the business, to provide -by no later than July 1, 2020 -containers that can be used by customers to collect commercial and organic recyclable materials resulting from purchases made on the premises for immediate consumption; and WHEREAS, it is the intent of City staff to educate businesses regarding these mandatory State requirements and monitor compliance; and WHEREAS, the City's authorized waste collection contractor readily provides commercial solid waste and organic waste collection and recycling services to businesses; and WHEREAS, the City recognizes that waste diversion reduces greenhouse gas emissions, saves energy, and reduces the need to extract raw materials for production, and therefore has set a goal -in excess of the State's 75% waste diversion goal -that no less than 90% of waste materials generated within the city be diverted from landfills; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.) (collectively, "CEQA"), the City is the lead agency
11Ordinance No. Page3 for the Ordinance. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference as material findings in support of this Ordinance. SECTION 2. Title 6, Chapter 6.04.010 of the Palm Springs Municipal Code is hereby amended to add or amend the following definitions: "Business" means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, association that is organized as a for-profit or nonprofit entity, or a multiple-family residential dwelling. "Commercial Solid Waste" means all solid wastes generated by a store, office, or other commercial or public entity source, including a business as defined in this chapter or a multiple-family residential dwelling. "Full-Service Restaurant" means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions: (1) Escorts or assigns the consumer to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer's need for accommodation or other request; (2) Takes the consumer's food and beverage orders after the consumer has been seated at the assigned seating area; (3) Delivers the food and beverage orders directly to the consumer; (4) Brings any requested items associated with the consumer's food or beverage order to the consumer; and (5) Delivers the check directly to the consumer at the assigned eating area. "Organic Waste" means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. "Recycling Facility" means a business that collects or processes recyclable materials. "Recyclable Material" means material that can be separated from waste for the purpose of reusing or returning these materials in the form of raw materials for new, used or reconstituted products that meet the quality standard necessary to be used in the marketplace, or for composting.
12Ordinance No. Page4 "Self-Hauler'' means a business, including a multi-family residential dwelling, that hauls its own waste to a recycling facility. To "self-haul" means to act as a self-hauler. "Source Separate" means physically separating waste materials by type at the point of discard so as to separate recyclable materials from non-recyclable waste. "Waste" is a comprehensive term for municipal, commercial or organic wastes that are not deemed to be recyclable materials. SECTION 3. Title 6 of the Palm Springs Municipal Code is hereby amended to add Chapter 6.04.290, which shall read as follows: 6.04.290 Commercial Solid Waste and Organic Waste Recycling for Businesses and Multiple-Family Residential Dwellings-Mandatory. (a) Mandatory Recycling of Commercial Solid Waste (1) A business that generates four cubic yards or more of commercial solid waste per week or is a multiple-family residential dwelling consisting of five or more units shall comply with the following requirements: (A) Arrange for the regular collection of commercial recyclable materials through the City's authorized waste collection contractor; (B) Maintain containers on the premises, which are to be provided by the City's authorized waste collection contractor, for the collection of commercial recyclable mate~ials; (C) Source separate commercial recyclable materials from waste, and place the recyclable materials in the appropriate containers for collection as designated by the City's authorized waste collection contractor; and (D) If the business is one that provides customers access to the business, the business must provide containers to collect commercial recyclable materials resulting from purchases made by customers on the premises for immediate consumption. The containers must be: (i) Adjacent to each container for waste other than commercial and organic recyclable materials, except in restrooms; (ii) Visible and easily accessible to customers; and (iii) Clearly marked with educational signage indicating what materials are appropriate to place in the containers in accordance
13Ordinance No. Page 5 with State and local law. An acceptable method to comply with this subsection is to work with the City's authorized waste collection contractor to obtain the appropriate language or signage. (2) Full-service restaurants are exempt from the requirements of subdivision (a)(1 )(D) if the full-service restaurant provides its employees containers to collect commercial recyclable materials resulting from purchases made by customers on the premises for immediate consumption, and implements a program to separate and collect such materials. The full-service restaurant is required to post and maintain educational signage on the container itself or in a prominent and visible manner near the container indicating what materials are appropriate to place in the containers in accordance with State and local law. An acceptable method to comply with this requirement is to work with the City's authorized waste collection contractor to obtain the appropriate language or signage. (3) A property owner of a multiple-family residential dwelling or their agent may require tenants to source separate commercial recyclable materials in order to aid in compliance with this chapter. It is unlawful and a violation of this chapter for any tenant of a multiple-family residential dwelling not to comply with a source separate requirement issued by a property owner or their agent. (b) Mandatory Recycling of Organic Waste (1) A business that generates two cubic yards or more of commercial solid waste per week or is a multiple-family residential dwelling consisting of five or more units shall comply with the following requirements: (A) Arrange for the regular collection of organic recyclable materials through the City's authorized waste collection contractor; (B) Maintain containers on the premises, which are to be provided by the City's authorized waste collection contractor, for the collection of organic recyclable materials; (C) Source separate organic recyclable materials from waste, and place the recyclable materials in the appropriate containers for collection as designated by the City's authorized waste collection contractor; and (D) If the business is one that provides customers access to the business, the business must provide containers to collect organic recyclable materials resulting from purchases made by customers on the premises for immediate consumption. The containers must be: (i) Adjacent to each container for waste other than commercial and organic recyclable materials, except in restrooms;
14Ordinance No. Page 6 (ii) Visible and easily accessible to customers; and (iii) Clearly marked with educational signage indicating what materials are appropriate to place in the containers in accordance with State and local law. An acceptable method to comply with this subsection is to work with the City's authorized waste collection contractor to obtain the appropriate language or signage. (2) Multiple-family residential dwellings are not required to divert food waste under subsection (b)(1 ). (3) When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this section. (4) The City may, at its discretion, exempt a business from the mandatory organic waste recycling requirements of this chapter for any of _the following reasons: (A) Lack of sufficient space in the multiple-family residential dwelling to provide additional organic waste collection containers; (8) A business's implementation of a recycling program that results in the recycling of a significant portion of its organic waste (to be determined by the City's authorized waste collection contractor in accordance with state and local law, and regional standards or practices); (C) The business or group of businesses does not generate at least one-half cubic yard of organic waste per week; (D) Limited-term exemptions for extraordinary and unforeseen events; or (E) The business or group of businesses does not generate at least one cubic yard of organic waste per week. (5) For the exemption listed in subsection (4)(E) to become effective, the City must provide the California Department of Resources Recycling and Recovery information that explains the need for the higher exemption rather than the lower exemption provided for in subsection (4)(C). The City shall provide this information in its annual report that is required pursuant to California Public Resources Code section 41821. (c) Provision for Self-Haulers
15Ordinance No. Page 7 (1) Nothing in this chapter shall preclude a business from self-hauling commercial or organic recyclable materials generated by that business to a recycling facility. However, to be in compliance with the requirements of this chapter, the business must: (A) Provide confirmation of self-hauling to the City or the City's authorized waste collection contractor annually; and (B) Provide proof of compliance with the requirements of this chapter upon request by the City. Proof of compliance consists of a receipt from a recycling facility identifying the facility, date, and type and quantity of recyclable material delivered. Businesses shall maintain proof of compliance from self-hauling activities conducted over the course of an entire year, from the period of January 1 to December 31. Businesses may dispose of that year's proof of compliance two years after December 31. ( d) Contamination of Recyclable Materials No business or person shall place in any container used for the collection of commercial or organic recyclable materials any waste, material or substance that would inhibit recycling of the container's contents. Containers set aside for commercial and organic recyclable materials shall only be used for recyclable materials identified by the City's waste collection contractor. (e) Authority to Implement Fee System to Recover City's Costs in Complying with State Law The City Manager, upon authorization from the City Council, may implement a system allowing for the City to charge and collect a fee from Businesses that are subject to this chapter in order to recover the City's costs in complying with the commercial solid waste and organics recycling requirements set forth in California Public Resources Code chapters 12.8 and 12.9. (f) Forms, Regulations and Guidelines The City Manager may adopt necessary forms, rules, regulations, and guidelines that may be necessary or desirable to aid in the administration or enforcement of the provisions of this chapter. (g) Education and Enforcement (1) The City Manager or his designee shall work with the City's authorized waste collection contractor to conduct outreach and educate businesses subject to the requirements of this chapter about its requirements and facilitate
16Ordinance No. Page 8 compliance. (2) The City Manager or his designee shall work with the City's authorized waste collection contractor to annually identify businesses subject to the requirements of this chapter and confirm whether all such businesses are in compliance. (3) Prior to taking any enforcement action against a business for violation of the requirements of this chapter, the City shall first notify the business and provide the business an opportunity to correct the violation. This notice shall contain the information required by Palm Springs Municipal Code section 1.06.030(b). The notice shall state the business has 60 days to correct the violation. (4) Businesses shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter within the 60 day time frame provided in the notification of violation. Failure to demonstrate compliance shall be cause for enforcement. The City may pursue enforcement of the provisions of this chapter through administrative, civil, or criminal proceedings. SECTION 4. The City Council finds that the adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA") because it is not a CEQA "project" pursuant to CEQA Guidelines sections 15060(c)(2) and (c)(3) because it has no potential of creating a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Additionally, in the alternative, even if the Ordinance is a CEQA "project," it is still categorically exempt from further environmental review pursuant to CEQA Guidelines sections 15307 and 15308 because the Ordinance is an action taken by the City as a regulatory agency, authorized by Public Resources Code sections 42649.3 and 42649.82, to assure the maintenance, restoration or enhancement of natural resources, and for the protection of the environment. The waste diversion procedures set forth in the Ordinance reduce greenhouse gas emissions, save energy, and reduce the need to extract raw materials for production. Further, the City Council finds that none of the exceptions to the exemptions under CEQA Guidelines section 15300.2 apply. Adoption of the proposed Ordinance will not result in a cumulative impact from successive projects of the same type, and in the same place, over time. Similarly, there is no reasonable possibility that adoption of the proposed Ordinance will have a significant effect on the environment due to unusual circumstances. Adoption of the proposed Ordinance will also not result in any damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings or similar resources, within a highway officially designated as a state scenic highway. Adoption of the proposed Ordinance will not be located on a hazardous waste site or any other site included on a list compiled pursuant to Government Code section 65962.5. Adoption of the proposed Ordinance will not cause a substantial adverse change to the
17Ordinance No. Page 9 significance of any historical resource. Therefore, the City Council directs that a Notice of Exemption for this Ordinance be filed with the County Clerk of the County of Riverside in accordance with CEQA Guidelines. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS __ DAY OF _______ _ ATTEST: ANTHONY J. MEJIA, MMC CITY CLERK GEOFF KORS MAYOR
18Ordinance No. Page 10 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. __ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on ____ and adopted at a regular meeting of the City Council held on ____ by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this __ day of _________ _ ANTHONY J. MEJIA, MMC CITY CLERK
19ATTACHMENT B: DRAFT RESOLUTION TO UPDATE BAIL SCHEDULE
20RESOLUTION NO. __ _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MASTER BAIL SCHEDULE FOR VIOLATION OF PALM SPRINGS MUNICIPAL CODE SECTION 6.04.290. THE CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, on ______ , 2020, the City Council adopted Ordinance No. __ , amending Title 6 of the Palm Springs Municipal Code ("PSMC") to add Chapter 6.04.290, which established a mandatory commercial solid waste and organic waste recycling requirement for certain businesses and multiple-family residential dwellings; and WHEREAS, Government Code sections 36900 and 36901 permit the City to make violations of the PSMC punishable by criminal fines; and WHEREAS, the City maintains a Master Bail Schedule setting forth the monetary fine amounts for violations of the PSMC. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City's Master Bail Schedule is to be amended by adding the following provision: PSMC 6.04.290 Commercial Solid Infraction Waste and Organic 1 st in 365 days 100.00 Waste Recycling for 2nd in 365 days 200.00 Businesses and 3rd or more in 365 days 500.00 Multi-Family Misdemeanor 1,000.00 Residential Dwellings SECTION 2. The City Clerk is hereby authorized and directed to amend the City's Master Bail Schedule as provided in Section 1 of this Resolution. SECTION 3. The amended Master Bail Schedule is to become effective immediately.
21Resolution No. ----Page 2 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS THIS DAY OF ___ , 2020. ATTEST: ANTONY J. MEJIA, MMC CITY CLERK STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) DAVID H. READY, ESQ., Ph.D. CITY MANAGER CERTIFICATION 55. I, ANTHONY J. MEJIA, City Clerk, hereby certify that Resolution No. __ is a full, true and correct copy, and adopted at a ___ meeting of the City Council held on the ___ day of ____ , 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: ADOPTED THIS _TH DAY OF _________ _ ANTHONY J. MEJIA, MMC CITY CLERK