HomeMy Public PortalAboutOrdinance 1109ORDINANCE NO. 1109
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, CALIFORNIA, REPEALING CHAPTER
8.12 — "MANDATORY SOLID WASTE COLLECTION
AND DISPOSAL" OF THE BEAUMONT MUNICIPAL
CODE AND REPEALING CHAPTER 8.14 —
"MANDATORY RECYCLING REQUIREMENTS FOR
COMMERCIAL FACILITIES" OF THE BEAUMONT
MUNICIPAL CODE AND ADDING CHAPTER 8.12 —
"SOLID WASTE MANAGEMENT" TO THE BEAUMONT
MUNICIPAL CODE
WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to
make and enforce within their limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws; and,
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989, ("AB 939" or the "Act") (codified at Public
Resources Code §§ 4000 et seq.) established a solid waste management process that requires
cities and other local jurisdictions to adopt and implement plans to reduce the amount of solid
waste generated within their jurisdiction and to maximize reuse and recycling; and,
WHEREAS, AB 939 states that the frequency of solid waste collection, the means of
solid waste collection and transportation, levels of services, charges and fees for services, and
the nature, location and extent of providing solid waste services, are matters of local concern;
and,
WHEREAS, AB 939 expressly allows cities to provide solid waste services to its
residents by its own forces or by authorizing a private entity to provide those services; and,
WHEREAS, AB 1826, effective January 1, 2015, and AB 1383 amended the Act to
include provisions regarding organic waste recycling; and
WHEREAS, AB 1594, commencing January 1, 2020, amended the Act to provide that
the use of green material, as alternative daily cover does not constitute diversion through
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recycling and would be considered disposal for purposes of the Act; and
WHEREAS, AB 341 amended the Act to, among other things, require commercial waste
generators to arrange for recycling services; and
WHEREAS, when cities confer the authority to provide solid waste handling services
on private entities, they may do so by the award of a franchise, contract, license or other means;
and,
WHEREAS, the existing Chapters 8.12 and 8.14 of the Beaumont Municipal Code
implement Article XI, § 7 of the California Constitution and AB 939 in the City of Beaumont
and protects public health and safety by authorizing the City Council to provide solid waste
handling service itself or to award one or more franchises (or licensed haulers) to private entities;
and,
WHEREAS, the owner or other person in charge of a premises that is eligible for cart
service from a solid waste franchisee may elect to self -haul their solid waste, recyclable materials
and organic waste to a disposal facility in lieu of arranging for solid waste handling services
from a franchisee; and,
WHEREAS, Chapter 8.12 was adopted on November 20, 2007, by Ordinance No. 921
and Chapter 8.14 was adopted on October 5, 2010 by Ordinance No. 976; and,
WHEREAS, to simplify the City's Municipal Code provisions concerning solid waste
and facilitate its use, the City desires to amend combine the general requirements of Chapters
8.12 and 8.14 of the Beaumont Municipal Code, and
WHEREAS, this Ordinance repeals Chapters 8.12 and 8.14 of the Beaumont Municipal
Code, and adds a new Chapter 8.12, as set forth in Exhibit A attached hereto, to the Beaumont
Municipal Code, to reflect changes in the law, including the changes concerning AB 1826, AB
1383, AB 341, and AB 1594.
WHEREAS, California Constitution Articles XIII(C) and XIII(D), commonly known as
"Proposition 218," regulates a public agency's imposition of certain fees for property -related
services provided by the public agency. Proposition 218 does not restrict or regulate what a
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private profit -making entity may charge for property -related services provided by a private
entity; and
WHEREAS, the rates and fees established by a solid waste franchisee pursuant to this
proposed Ordinance are not subject to Proposition 218 because, among other reasons, the solid
waste franchisee independently establishes, charges and collects the fees and rates for its service;
owners of single-family residential premises may avoid the imposition of such fees and rates by
obtaining a self -haul permit; and owners of any property in the City may avoid the imposition of
such fees and rates by leaving their property undeveloped or unoccupied.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: RECITALS AND FINDINGS
The City Council of the City Of Beaumont finds the recitals set forth herein to be true
and correct, and incorporates the recitals as findings of the City Council.
SECTION 2: REPEAL OF CHAPTERS 8.12 AND 8.14 AND ADDITION OF
CHAPTER 8.12.
Chapters 8.12 and 8.14 of the Beaumont Municipal Code are hereby repealed, and
Chapter 8.12, as set forth in Exhibit A, attached hereto and incorporated herein, is added to the
Beaumont Municipal Code.
SECTION 3: SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4: EFFECTIVE DATE.
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This Ordinance shall take effect thirty (30) days from its passage by the City Council of
the City of Beaumont.
SECTION 5: PUBLICATION.
The City Clerk is authorized and directed to cause this Ordinance to be published within
fifteen (15) days after its passage in a newspaper of general circulation and circulated within the
City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be
published in the manner required by law using the alternative summary and pasting procedure
authorized under Government Code Section 39633(c).
NOW, THEREFORE, BE IT ORDAINED the City Council of the City of Beaumont,
California, approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the
City Council of the City of Beaumont, California, held on the 4th day of June 2019, by the
following roll call vote:
AYES: White, Lara, Carroll, Santos, Martinez
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Beaumont, California, held on the 18th day of June 2019.
AYES: White, Lara, Carroll, Santos, Martinez
NOES:
ABSENT:
ABSTAIN:
Steven Mehlman, City Clerk
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Approved as to form:
O. Pinkney,2'i"ty Attorney