Item 10 - Ordinance Amending the Poway Municipal Code Regarding Solid Waste CollectionSeptember 15, 2020, Item #10DATE: TO: FROM: CONTACT: SUBJECT: summary: City of Poway CITY COUNCIL September 15, 2020 Honorable Mayor and Members of the City Col\ncil Eric Heidemann, Director of Public Works {~ 4 /' Will Wiley, Assistant Director of Public Works for Maintenance Operations )V (858) 668-4705 or wwiley@poway.org Ordinance Amending the Poway Municipal Code Regarding Solid Waste Collection The proposed Ordinance (Attachment A) amends three sections of Chapter 8.68 of the Poway Municipal Code ("PMC"): 8.68.130 (Residential Collection), 8.68.155 and 8.68.170 (Commercial Collection). The Ordinance amendments are the result of residential and commercial service collection updates to address state organic recycling requirements. The purpose of the Ordinance amendments are to codify the automation of residential green waste collection and include compostables to the commercial collection waste stream and provide a method of collection. Recommended Action: It is recommended that the City Council introduce the Ordinance for first reading by title only, waive further reading and schedule the adoption of the Ordinance for October 6, 2020. Discussion: On June 2, 2020, the City Council adopted solid waste/recycling collection service rates for FY 2020-21. The adopted service rates included an organic recycling fee to comply with state legislation, Senate Bill ("SB") 1383. Commingled organics or compostables include yard waste, food scraps, and untreated wood. In order to begin collecting food scraps along with yard waste in early 2021, the City's existing manual yard waste collection program will be transitioned to a fully automated collection program, with the use of standardized, residential collection containers, to be provided by the City's franchise waste hauler, EDCO. Chapter 8.68 of the Poway Municipal Code authorizes the City to determine all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and the services to be provided by the franchise agreement. In light of the service collection changes, City staff has drafted the attached ordinance (Attachment A), amending three sections of Chapter 8.68 of the Poway Municipal Code to include the residential and commercial collection of compostables. The following provides an overview of the key changes that would result from the proposed Ordinance, if adopted. 1 of 6
September 15, 2020, Item #10Residential Collection: Section 8.68.130 specifies the requirements of residential containers required for residential solid waste collection service. Specifically, adoption of the Ordinance would codify automated collection for yard waste or other compostables and requires the use of standardized containers for yard waste collection service, in addition to trash and recycling services. The Ordinance also requires that no other type of container, such as individual 32 or 35-gallon trash containers will be serviced. The Ordinance also provides residential customers with a method of notification for solid waste not collected by EDCO. Commercial Collection Services: Section 8.68.155 of the PMC outlines the frequency, material and method of collection for commercial solid waste collection services. Amendment to this provision of the PMC adds "compostables," which includes food waste, to the commercial solid waste material collected by the Franchisee. Section 8.68.170 outlines the provision of containers required for collection service. Amendments to this provision adds "containers" to the storage collection categories provided by the franchisee. Containers are smaller storage carts ranging in size from 35-gallon to 95-gallons, that will allow for commercial organic collection service to comply with Assembly Bill 1826 and SB 1383. Beginning the week of September 14, EDCO will be delivering the green waste carts to over 14,000 single-family residential customers (each customer may be able to receive up to three carts; additional carts available for a fee). After residents receive their green waste containers, residents will be required to use their containers for yard waste collection only, and in early 2021, residents will be able to recycle their food scraps and other compostables. For commercial customers, containers will be available at the end of 2020 and early 2021 for organic recycling service. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). ~: None. Public Notification: None. Attachments: A. Ordinance Reviewed/Approved By: Assistant City Manager 2 of 6 Reviewed By: Alan Fenstermacher City Attorney Approved By: C~e City Manager
September 15, 2020, Item #10ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTIONS 8.68.130, 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 three 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 8.68.155 of Chapter 8.68 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, 8.68.155, 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, 8.68.155, and 8.68.170 of Chapter 8.68 of the PMC as specified below. Removals are indicated with strikethro1:1~hs and additions are indicated with underline. SECTION 3: Section 8.68.130 (Residential Collection -Containers) of the Poway Municipal Code is hereby amended as follows: 8.68.130 Residential collection -Containers 3 of6 ATTACHMENT A
September 15, 2020, Item #10Ordinance No. *** Page4 Franchisee shall provide residential customers appropriate containers for automated collection of solid waste ... aR€i recyclables ... and yard waste or other compostables. At least +!wo 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 otl:ier compostables as may be later directed, the staneard 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 Gity Gouncil. The eombined weight of the container and contents shall not e:><ceed 50 pounds unless the container is designed and franchisee equipped for mechanical lifting. Franchisee shall affix to e .. •ery metal or plastic waste container wl:iicl:i no longer holds yard 1A1aste or other compostables without spilling or leaking, a bilingual, Spanish/English red tag advising that such a container is unsuitable for presenting yard 1.-.iaste or other compostablos for collection and the continued use ef that container 1.vill 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: Sections 8.68.155 (Commercial Collection Services -Frequency) of the Poway Municipal Code is hereby amended as follows: 4 of 6 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. 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
September 15, 2020, Item #10Ordinance No. *** Page 5 commercial, industrial and multifamily (central collection bins) customers to assist in setting up effective recycling and waste minimization programs. SECTION 5: Sections 8.68.170 (Commercial Collection -Solid Waste Containers) of the Poway Municipal Code is hereby amended as follows: 8.68.170 Commercial collection -Solid waste containers. Franchisee shall provide containers, bins.i. 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 6: 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. 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. 5 of 6
September 15, 2020, Item #10Ordinance No. "** Page 6 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: Carrie Gallagher, CMC, Interim City Clerk 6 of 6