Item 9 - Second Reading and Adoption of Ordinance No. 844DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 6, 2020
Honorable Mayor and Members of the City Council
Vaida Pavolas, City Clerk
(858)668-4535 or vpavolas@poway.org
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 844 entitled "An Ordinance of
the City Council of the City of Poway, California, Amending Sections 8.68.130,
8.68.145, 8.68.155, and 8.68.170 of Chapter 8.68 (Solid Waste Management) of
the Poway Municipal Code"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City
Council Meeting on September 15, 2020. There were no speakers. One person submitted a written
comment via email.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALI Fl ED:
MULLIN, LEONARD, GROSCH, FRANK, VAUS
NONE
NONE
NONE
NONE
It is recommended that the City Council adopt Ordinance No. 844.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
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Public Notification:
A summary notice was published in the Poway News Chieftain on Thursday, September 24, 2020. A second summary notice will be published in the same publication on Thursday, October 15, 2020. A
certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.
Attachments: A.Ordinance No. 844
Reviewed/Approved By:
W�nd aserman Assistant City Manager
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Reviewed By:
Alan Fenstermacher City Attorney
Approved By:
City Manager
October 6, 2020, Item #9
ORDINANCE NO. 844
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING SECTIONS 8.68.130, 8.68.145, 8.68.155, AND 8.68.170 OF CHAPTER 8.68 (SOLID WASTE MANAGEMENT) OF THE POWAY MUNICIPAL CODE
WHEREAS, the City Council desires to protect its citizens’ health, safety and welfare, and enhance the quality of life for all of the City’s residents;
WHEREAS, Chapter 8.68 of the Poway Municipal Code (“PMC”) authorizes the City to determine all aspects of solid waste handling which are of local concern;
WHEREAS, the City Council wishes to ensure that the PMC continues to comply with all applicable state and federal law, and update the PMC so that it accurately reflects realities on the ground;
WHEREAS, the City seeks Ordinance amendments to four sections of Chapter 8.68 of the PMC to reflect residential and commercial service collection updates required to address state organic recycling requirements;
WHEREAS, Section 8.68.130 of the PMC sets forth container requirements for automated service collection for solid waste and recyclables, but excludes automated service for yard waste;
WHEREAS, Section 8.68.145 of the PMC sets forth requirements for the placement of containers for collection and outlines repair and replacement responsibilities for containers;
WHEREAS, Section 8.68.155 of the PMC references frequency, types of solid waste collected, and method of collection for commercial service;
WHEREAS, Section 8.68.170 of the PMC references commercial service container
service requirements;
WHEREAS, the City now desires to implement automated residential service collection for yard waste and other compostables to comply with state organic recycling requirements;
WHEREAS, the City desires to include compostables as a type of commercial solid waste and provide a method for their storage and collection; and
WHEREAS, in addition to being described herein, all the changes proposed to sections 8.68.130, 8.68.145, 8.68.155, and 8.68.170 of Chapter 8.68 of the PMC are included herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council hereby approves this Ordinance and amends Sections 8.68.130, 8.68.145, 8.68.155, and 8.68.170 of Chapter 8.68 of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline.
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SECTION 3: Section 8.68.130 of the Poway Municipal Code is hereby amended as follows:
8.68.130 Residential collection – Containers
Franchisee shall provide residential customers appropriate containers for automated collection of solid waste, and recyclables, and yard waste or other
compostables. At least Ttwo variable container sizes shall be made available to residential customers for the storage and collection of solid waste. No other type of container may be utilized for collection at residential premises designated to
receive curbside service by the City’s exclusive franchise agreement.
Until implementation of any automated service program for the collection of yard waste or other compostables as may be later directed, the standard size
container for residential yard waste collection services shall not exceed a standard 32-gallon container or 50 pounds, unless otherwise agreed to by the City Council. The combined weight of the container and contents shall not exceed
50 pounds unless the container is designed and franchisee equipped for mechanical lifting. Franchisee shall affix to every metal or plastic waste container which no longer holds yard waste or other compostables without spilling or leaking, a bilingual, Spanish/English red tag advising that such a container is unsuitable for presenting yard waste or other compostables for collection and the continued use of that container will result in its disposal.
If solid waste placed for curbside residential collection are not collected, the person who placed the solid waste materials is entitled to receive a bilingual,
English/Spanish red tag explaining the Franchisee’s inability to collect and dispose of the materials, whether due to unauthorized container, improper placement of the container, contamination by nonrecyclable materials, or other reason.
SECTION 4: Section 8.68.145 of the Poway Municipal Code is hereby amended as follows:
8.68.145 Residential collection – Placement of containers for collection.
Occupants and owners of residential premises shall set out or place containers for the collection of solid waste, recyclables, yard waste or other compostables as follows:
A. Proper Placement of Containers. Any container or receptacle for the purpose of storage and removal of solid waste, recyclables, yard waste and other
compostables shall be placed at the curb in front of the owned or occupied premises, there to be collected by the franchisee; provided, that the franchisee may designate some other location for the placement of containers and receptacles when such placement will expedite collection.
B. Improper Placement of Containers. No residential owner or occupant shall place, or permit to be placed, any solid waste, recyclables, yard waste, or other compostables containers in any public highway or in any place or in any manner
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other than provided in subsection A of this section. Any containers and materials not properly placed for collection shall be tagged by the franchisee with a Spanish/English red tag explaining the reason for noncollection.
C. Timing of Placement and Removal of Containers. Residential owners or occupants shall not place containers for solid waste, recyclables, yard waste or
other compostables for collection at any time other than the days established by the franchisee, and then, no earlier than sunset of the day preceding the day designated for collection. All containers for solid waste, recyclables, yard waste
and other compostables shall be removed from the place of collection prior to midnight of the day the containers have been emptied. Residents shall be mindful (and the franchisee shall make periodic announcements to confirm) that services
are not provided on certain recognized holidays and that service normally scheduled for that holiday will be provided the following normal working day.
D. Repair and Replacement. Each owner or occupant of residential premises shall
provide reasonable supervision over the containers for yard waste and other compostables on the premises and shall maintain the same in a sanitary condition. Franchisee shall repair or replace all customer-owned residential containers damaged by collection operations, normal wear and tear excluded. Franchisee shall retain ownership of automated containers provided to residents for the purpose of storing solid waste, and recyclables, yard waste or other compostables. Franchisee shall replace and/or repair damaged automated containers during the term of the franchise agreement. If the containers or
receptacles should not be emptied and the contents removed on the date and time scheduled by the franchisee, occupant shall immediately notify the franchisee and it shall be the duty of the franchisee to forthwith arrange for the collection and disposal of the solid waste, yard waste, and other compostables, and/or collection of recyclables. However, should the owner or occupant fail to place the materials at the designated location in time for regular collection, the
franchisee is not obligated to make a special, separate collection for the convenience of the occupant and may require payment of an additional fee for such late collection. (Ord. 592 § 2, 2004; Ord. 448 § 2, 1995)
SECTION 5: Section 8.68.155 of the Poway Municipal Code is hereby amended as follows:
8.68.155 Commercial collection services – Frequency. Franchisee shall collect and deliver to the appropriate solid waste management facility all solid waste, recyclables, yard waste, and other compostables generated
by customers at commercial premises within the City who have contracted for services and delivered their materials to a bin or otherwise properly placed for collection; service shall be provided not less than once per week.
Franchisee may subcontract with commercial firms (subcontractors) to collect and dispose of waste materials which franchisee is not licensed to remove and which present specialized problems. Such collections shall be performed with suitably licensed collection/disposal firms in accordance with PMC 8.68.350.
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Service to commercial customers shall include providing suitable bins for the collection and disposal of general refuse according to a frequency as individually contracted by the customer. This service shall also include collection and recycling of compostables, green waste, aluminum, newspaper, glass, plastic, metal cans, cardboard, mixed paper, and office ledger paper. The City may, at its discretion,
add other materials to be recycled during the term of the franchise agreement. The franchisee shall provide consultative services, at no additional charge, to commercial, industrial and multifamily (central collection bins) customers to assist
in setting up effective recycling and waste minimization programs.
SECTION 6: Section 8.68.170 of the Poway Municipal Code is hereby amended as follows:
8.68.170 Commercial collection – Solid waste containers.
Franchisee shall provide containers, bins, and debris boxes for storage of solid waste which shall be designed and constructed to be watertight and prevent the
leakage of liquids. All containers with a capacity of one cubic yard or more shall meet applicable Federal regulations on solid waste bin safety. All containers shall be painted the franchisee’s standard color and shall prominently display the name and telephone number of the franchisee in letters and numbers no less than two and one-half inches high. Similarly, the words “Serving the City of Poway” shall be displayed beneath the franchisee’s name. Franchisee shall not place the City’s logo on its containers. To attain certain economies, some customers may request specialized services such as compactors, roll-off, or custom-built containers, etc.
The sale, lease, rental of such equipment, or their provision by the customer, may be negotiated by the latter and the franchisee. Information relating to any such agreements shall be forwarded to the Director of Public Works.
A. Cleaning, Painting, Maintenance. Once every 12 months franchisee shall replace, clean or repaint all commercial containers as needed so as to present a clean appearance. In addition, franchisee shall do the same upon 48 hours’ oral
notice by the Director of Public Works. Franchisee shall maintain all containers in a functional condition and shall remove graffiti immediately.
B. Repair and Replacement. Franchisee shall repair or replace all customer-owned nonresidential containers damaged by collection operations, normal wear and tear excluded.
SECTION 7: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
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INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of September 2020, and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 6th day of October, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
________________________________ Steve Vaus, Mayor
ATTEST:
____________________________ Vaida Pavolas, CMC, City Clerk
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