City Council
MEETING DATE: 7/22/2015
TITLE:
Title
Written report required by Government Code Section 65858(D) in reference to Urgency Interim Ordinance No. 2015-162 imposing a moratorium on Collection Donation Bins
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FROM:
Charles Green, City Attorney
Katie Podein, Deputy City Attorney
RECOMMENDATION:
Recommendation
That the City Council receive and file this written report regarding the recently adopted moratorium on collection donation bins as required by Government Code Section 65858(d).
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BACKGROUND:
In recent years, there has been a proliferation and concentration of collection donation bins ("CDBs") within the City. CDBs are defined as portable, attended or unattended bins or storage pods or containers for the reverse vending of salvageable personal property including, but not limited to, furniture, household items, appliances, clothing, books and other such related items, installed on both private and public property. CDBs are usually placed on private property, but also are known to be placed at schools, grocery stores, gas stations, in parking lots and near businesses.
On May 13, 2015, the City Council adopted an urgency interim ordinance ("Interim Ordinance") imposing a temporary 45-day moratorium ("Moratorium") on the establishment, installation, placement, construction, and/or expansion (collectively called "installation") of attended and unattended CDBs. The City Council imposed the Interim Ordinance after finding that there was a current and immediate threat to public health, safety and welfare resulting from the approval of business licenses, use permits, variances, building permits, or any other applicable land use or zoning entitlement or approval, for CDBs, and that such further approvals and introduction of CDBs into the community would continue the threat to public health, safety and welfare.
During the imposition of the Interim Ordinance, City Staff collected data and studied the effects th...
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