HomeMy WebLinkAboutAGENDA REPORT 1990 0207 CC REG ITEM 11B l
M®® PARK I 1 EIVI °
PAUL W.LAWRASON,Jr. STEVEN KUENY
Mayor City Manager
SCOTT MONTGOMERY F / ;� CHERYL J. KANE
Mayor Pro Tem �/ 1 City Attorney
ELOISE BROWN I� i>i \VA PATRICK RICHARDS,A.I.C.P.
Counalmember Director of
CLINT HARPER,Ph.D. `oq / Community Development
Councilmember 'tee R. DENNIS DELZEIT
BERNARDO M.PEREZ City Engineer
Counalmember JOHN V.GILLESPIE
LILLIAN KELLERMAN Chief of Police
City Clerk RICHARD T.HARE
City Treasurer
MEMORANDUM
TO: The Honorable City Council
FROM: Susan Cauldwel1, Administrative Assistan
DATE: February 1, 1990
SUBJECT: Solid Waste Colleit.ion Ordinance
The main objectives of the attat red ordinance are to allow the City to
franchise solid waste collector , t) allow the City to control where
the waste will be taken after t has been collected; and, to collect
franchise fees. The City r-eds more control over solid waste
collectors because of recer r state legislation giving more
responsibility to cities for d iposal of solid waste and increasing
concern about the escalation o• collection costs. State law allows
local governments to collect fe# r exchange for allowing solid waste
haulers to operate in the Cit.,
Sections of the ordinance *,ha relate to the above objectives are
highlighted below.
Section 6. 10.060 prohibit• dny person other than the collector or
generator of the solid W re to - nterfere with or remove waste
from any location. This lows the City to take action against
scavengers and will be hec.t.cie more important as the City attempts
to meet its state-mandates 7 perre' t waste diversion goal in 1995
and the 50 percent goal in 'Oil
Section 6. 10. 070(a) impose Iarrcatoy collection of waste.
Section 6. 10.070(b) allows the City to approve collection fees
charged by the solid waste 1 rtor
799 Moorpark Avenue Moorpark. California 93021 (805) 529-6864
The Honorable City Council
February 1, 1990
Page 2
Section 6. 10.080 prohibits the c _) ection of solid waste in the
City unless the collect.o• s -h' rized by tie City to opera .e
within the City.
Section 6. 10.090 allows the C ty to grant exclusive or
non-exclusive franchises ar +.c harge a fee in exchange for the
franchise.
Section. 6. 10. 110(a) allows uhe City to approve where solid waste
will be taken for disposal nd forbids disposal at a site owned or
controlled by the collector .r t . ; arent or holding company.
Once the ordinance becomes effe : ive, the City should begin regulating
solid waste collectors and cc) ecting fees in accordance with the
provisions of this ordinance ntil a formal franchise is developed,
put out to bid, and awarded, -.aft suggests that written operations
agreements be negotiated between the City and the collectors currently
operating in Moorpark. The ;regiment; would, for the most part,
preserve the status quo with •)e a r,eotion of the imposition of a
franchise fee.
Various issues should be cor ide-ed when developing a franchise
agreement. Some of the issue inc:'.udP exclusive vs. non-exclusive
franchises; routes; rates; recy ling; 'ength of franchise agreement,
etc. Staff suggests that the ,)until ' , Budget and Finance Committee
work with staff to develop the or amete•-!. of a franchise agreement.
. ff Recommendations
1. Approve the ordinance r introduction and first reading.
ry 2. Direct staff to devel, 0 operations agreements with existing
solid waste collectors in t e City •.o commence when the ordinance
becomes effective and to intinire until such time as a formal
franchise agreement(s) are plir...
3. Direct the Councils .udget .Ind Finance Committee to work
with staff to begin idertl ' irq majr,r components for inclusion in
a formal franchise agreemer .
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AN ORDINANCE 11: THE CITY CIUNCIL OF THE CITY OF
`� MOORPARK REPEALING ARTICLE_ 1, CHAPTER 4,
1 i DIVISION 2 OF THE MOORPARK 'MUNICIPAL CODE AND
(14 ADDING CHAPTER 11 '0 1ITLE 6 TO THE
MOORPARK MUNICIPA, CODE PERTAINING TO THE
0 -1,d
REGULATION OF ';0'_
THE CITY COUNCIL OF THE: Y ;F MDORPARK DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Article 1, apter Division 2 of the Moorpark
Municipal Code is hereby repeale,
SECTION 2. Chapter 10 - Title 6 of the Moorpark Municipal
Code is added to read
"CHAPTER 10. - REG( .ATION OF SOLID WASTE
Section 6. 10.010 - Purpose the purpose of this chapter is to
provide for the collection anc transportation of Solid Waste to a
City-designated Disposal Site. The City has determined that public
health and safety require the c:, fect'or transportation, and disposal
of Solid Waste to be control rod ni q . lated by the City through the
system provided in this chaptEr
Section 6. 10.020 - Definiti( s.
a) "Bin" shall mean a Waste container satisfying the
requirements of Section 6. 10.140(
b) "City" shall mean tFe ty ,f Moorpark.
c) "City Manager" shall ar the City Manager of the City of
Moorpark.
d) "Commercial Collector" shall mean any person, corporation,
association, partnership, busi ss, a- any individual , group or
combination acting as a unit, of er than as an employee, authorized by
license, franchise, contract, a -ration' agreement or otherwise with
the City to collect, transport a ci d+swe of Solid Waste from sources
within the City for a Commercial ,s' iqo ,.
e) "Commercial Customer" shall mean any person, corporation,
association, partnership, bus' /eo, any individual , group or
combination acting as a unit, otner than as an employee, using a Bin or
Drop Box for Solid Waste accumulations, conducting a business within a
commercial or industrial zone, - operating an apartment, condominium,
townhome complex, school , or mL .i|e home park within any zone. For
purposes r" this chapter, an apar~mr't, cnndnmirium. or townhome
complex shall contain four (4) I t
f) "Disposal Site" shall "�a" any Recycling center, materials
recovery facility, intermedia e processing center, incineration
facility or landfill where Soli . Waste may be taken for intermediate
processing or final disposal .
g) "Drop Box" shall mean . ';' | /d Waste container satisfying the
requir"ments of Section 6. 10.040' ')
h) "Drop Box Transporter shall mean any person, corporation,
association, partnership,., busi' ess, o- any individual , group, or
combination acting as a unit, *lne' than as an employee, authorized by
license, franchise, contract. (. `erations agreement or otherwise with
the City to transport and d^ sn' p Cf S-lid Waste from sources within
the City for Customers.
i) "Hazardous Materials" shall mean any material defined as
hazardous in the State Health a' J Safety Code, as may be amended from
time to time; a waste that is t- zordous according to the criteria set
forth in the California Lod, Re4ul^tiuns, as may be amended from
time to time or any waste that ^ ;t he d/ spnoed of in a hazardous waste
landfill .
j) "Receptacle" shall mei, a Sr 'd Waste container satisfying
the requirements of Section 6. 1n 4( )>
k) "Recycling" shall mea/ th, process of collecting, sorting,
cleansing, treating, and reconst tuting materials that would otherwise
become Solid Waste, and returni q tiem to the economic mainstream in
the form of products which mew- J' quality standards necessary to be
used in the marketplace.
1 ) "Residential Collector shal / mean any person, corporation,
association, partnership, busi ^5` or any individual , group, or
combination acting as a unit, "t ,?r than as an employee, authorized by
license, franchise, contract, '` '.rr � n � agreement or otherwise with
theCity to collect, transport ` / T ^w' e of Solid Waste from sources
within the City 'or a Res�dp./`
m) "Residential Customer' /a / '11" /l any non-Commercial Customer.
n) "Solid Waste" »hai inc "de all putrescible and
non-putrescible waste, includiv5, oot not limited to, animal feces,
food wastp, waste paper, ne*spap°r, glas`, aluminum, plastic, garbage,
cardboard, rags, refuse, househild ashes, lawn clippings, tree and
shrubbery trimmings, leaves, *e^ 'fny apparel , household goods, wooden
containers, and all worthless, ^o|ess, unused, rejected, or cast-off
solid or semi-solid matter ard ' .mmercix` and construction waste, such
as cement and asphalt, excluding iacrdn. ` Materials as defined in this
chapter and dead animals.
Section 6. 10.030 - Solid Was',eArcumulation§.
a) No Commercial or Residential Customer shall accumulate, keep
or deposit Solid Waste upon any lot or uarcel of land, whether public
or private, other than in Bin' Crop Boxes or Receptacles and in
accordance with Sections 6. 10.04P 3nd 6 iT.050.
b) No Commercial or Residential Customer owning, occupying, or
having the control of any premises or vacant lot or any person
occupying a dwelling within the City shall permit any Solid Waste to
become or remain offensive, unsiqhtly, or unsafe to the public health
or safety or to deposit, keep, 'r accumulate, or permit or cause any
Solid Waste to be deposited, keit. , or accumulated, upon any property,
lot, or parcel of land or uoon any public or private place, street,
lane, alley or driveway, except a al 'owed by this chapter.
c) No Commercial or Residential Customer shall place or cause to
be placed any Solid Waste generated upon any property or by any
residential , commercial or industrial use into any Receptacle, Drop Box
or Bin other than those owned Jr controlled by such person, unless
permission for such use is granted by the Commercial or Residential
Customer owning or controlling thp Receptacle, Bin or Drop Box.
d) No Commercial or Kesice"t,al Customer owning, occupying or
having control of any premises shall set out or cause to be set out for
collection any Solid Waste other ' ha'/ tha-: originating on the premises.
e) No Commercial or Reoid/ rt`al Customer shall dispose of Solid
Waste in or near litter receptaL`~s rlaced by the City in public places
for incidential use by pedestriar /r `e^icilar traffic .
f) No Commercial or Resid' . . | C/»tnmer shall accumulate, keep
or deposit Solid Waste in sJc' a na'.nr that a public nuisance is
created, including, but not l /". "r /. Wowing flies, mosquitos, or
rodents to breed therein.
Section 6. 10.040 - Solid Wa to tont.,iners.
a) Solid Waste shall be r pt free of all Hazardous Materials and
shall be securely wrapped with aper ,r plastic and placed in a closed
Receptacle, Bin or Drop Box.
b) Receptacles shall be nide of metal or plastic if barrels, or
plastic if bags, and of suffici .t t; cngth touo le.yen,t them from being
broken under ordinary conditior The shall911"maximum capacity of
fifty-five (55) gallons and ' 1 no:. exceed sixty-five (65) pounds
when filled. Receptacles shall be equipped with a vermin and animal
resistant cover or seal which stall he utilized at all times and side
handles if metal or plastic arrfls,. Receptacles shall be in a
condition such that their conter! .s an he fully enclosed and such that
they shall stand upright and ,harp, jagged or otherwise
dangerous corners or edges.
c) Bins shall possess a f're resistant lid, which shall be
utilized at all times, the top e which shall not exceed (60) inches in
height from the surface to the -ound They shall have a capacity of
at least one and one-half (1 1r2 tunic yards but not more than six (6)
cubic yards. Bins shall be con of metal or other material as
approved by the City. All Bir. m',,t h. rented or purchased from the
City or a Commercial Collector
d) Drop Boxes shall have , capac ty of at least ten (10) cubic
yards. They shall be const- . tec 'f metal or other material as
approved by the City. All Drop ioxem( ,t he rented or purchased from
the City or a Commercial Collec,
e) Receptacles, Drop Boxy aid F ns shall be maintained in a
clean, safe and sanitary coedit'
Section 6. 10.050 - Placemert )f :ontainers.
a) Any Receptacle, Bin )r Drop Box shall be placed for
collection on any sidewalk, }tri t, roadway or alley only as provided
in this chapter.
b) Any Receptacle or Din ;ha I hF, placed for collection along
any street, roadway or alley n1', on the day established for the
collection of Solid Waste on he a( ticuirir route or after 5:30 p.m. on
the day immediately prior to h inlloction, and shall not remain
thereon for more than eighteen ( I ► hl'i,' c after it has been emptied.
c) Any Receptacle placE , f. c. , ; ection along a street or
roadway shall be placed between •,e , (.,rh 1 i ne and the property line as
close to the curb line or !q , i ,re street or roadway as
practicable.
d) Any Receptacle, Bin or ]ron ho”, placed for collection in any
alley shall be placed as clos, ' ttie n'o/erty line as practicable.
e) Any Bin or Drop Box | acei ir any »treet, roadway or alley
shall require an encroachment 'rm`t f' nm the City pursuant to the
Moorpark Municipal Code.
Section 6. 10.C60 - Interferencew7 'j' SolidWaste. No person other
than a Residential or [nmmercia1 Collector, Drop Box Transporter or
Customer shall interfere in any 'annpr with any Receptacle, Bin or Drop
Box or the contents thpreof, m r*novP any such Receptacle. Bin or
Drop Box from the location wh'''e it was placed by the Collector,
Transporter or Customer, nor -pm' :e the 'ontents of any Receptacle, Bin
or Drop Box.
Section 0. 10.070 - Contr 7.t and Paypent for Solid Waste
Collection Service.
a) All Residential and C 'mme,cia Customers in the City shall
contract with the City or i�5 'len~ 'n' the weekly removal of Solid
Waste from their property.
b) The City or its agent ` authorized to charge Residential and
Commercial Customers a fee for the co' lection and transportation of
Solid Waste, subject to the appiova oy the City Council of the fee.
The failure of any Customer to '-ompt7,i; remit the service charge when
due and payable shall entitle [�ty :r its agent to collect a late
fee from that Customer. The 4 .el of ite fees shall be approved by
the City Council . The maximum a`'vun' ,f Solid Waste to be collected at
any one time from Residential [ ;toners without any additional charge
shall be determined by the City Customers shall be charged extra for
all Solid Waste in excess of , h ah'.v`' 1i1its on ary given collection
day.
Section 6. 10.080 _ So) i : Waste Collection,_ No person,
corporation, association, purtn' "sh`p, wusiness, or any individual ,
group, or combination acting as un7t, other than as an employee shall
cpllect, or enter into an agre'men' cc collect, or provide for the
collection or disposal of Solid ^ast( . unless such person, corporation,
association, partnership, busi' 's` ,, any individual , group, or
combination acting as a unit . J'.n as an employee, making or
providing for the collection n' 'iscn' n is authorized by the City to
operate within the City by mei '` ' , 1 cen`e, franchise, contract,
operations agreement or other ' '
Section 6. 10.090 - Franchi .esfor Solid Waste Collection. The
City reserves the right to grant an exclusive or non-exclusive license,
franchise, contract, operatior agreement or otherwise for the
collection and transportation o. Solid Waste from sources within the
City under such terms and condi . 'ons as are contained in this chapter
and as may be prescribed by thy- Ci -:y Council . The City may require
monetary compensation from Colle or and Transporters, in exchange for
the license, franchise, contract operat +)ns agreement or otherwise. A
written agreement between the ( ty and the Collector or Transporter
shall be required when the C ty exer,:ises its right to license,
franchise, or otherwise contract or the collection and transportation
of Solid Waste.
Section 6. 10._100 - Collectio and Transportation Times and Days.
Alia) No Residential or or Drop Box
Transporter shall collect Solid Waste in the City or pick up or deliver
prop Boxes between the hours of , 00 p m and 6:00 a.m. , Monday through
riday, nor at any time on Satu, lays or Sundays except as provided in
Section 6. 10. 100(c).
).-
nt art/12 c_.0
�•b.3. No Residential or ommercial Collector or Drop Box
�( Transporter shall collect or tramport Sc id Waste within 200 feet of a
1 1 public or private elementary, 3 . '' r high, or high school during the
one-half (' ) hour before the comr,ncement of the regular school day and
one-half (z) hour following the orclusil,n of the regular school day.
')(F,
It shall be the responsibility of the Collector or Transporter to
ascertain the various starting an eid Hq ''mes for schools in the City.
1) R) Whenever a holiday reconized by the City or any Disposal Site
falls upon a regularly schedu ed collection day, the collections
scheduled for that day, and fo the remainder of the week, may be
picked up one day later than sc. -�duleo. The Collector or Transporter
shall provide the City with at k st ten 1C) days prior written notice
of the collection schedule f( each applicable holiday and the
Collector shall place advertiseme is in one (1) daily newspaper serving
the City notifying Customers of the same Customers shall also be
notified of any change to the o�g.i a, chedule by the Collector or
Transporter on the last bill vir tt , hc loliday.
Section 6. 10. 110 - Solid Was Iii - +l .
a) The City shall approve wlu rF '.olid Waste generated in the
City is transported for dispcsa' tin Collector or Transporter shall
dispose of Solid Waste at a Dis sol `, ie owned or controlled by the
Collector or Transporter or H ,. n or holding company unless
expressly granted by the City.
_F _
b) No person, including Collector or Transpnrter, shall burn
any Solid Waste within the ' / it . `v time, except as otherwise
permitted by law.
c) No person, including Collector or Transporter, shall bury
or dump any Solid Waste with ` the City, except at a designated
Disposal Site and then only in accordance with the rulps and
regulations gvvern .r.g the use or u ' ' /nsal � it*
d) No Residential [olle' o sha l provide less than weekly
collection of Solid Waste from 1 Residential Customers in the City
when such Solid Waste is prope' / a'e 'or collection on the day of
collection.
e) No Commercial Collecto' or Drop Box Transporter shall fail to
collect Solid Waste accumulate( by each Commercial Customer as many
times as requested by the CnrTercial Customer or once each week,
whichever is more frequent.
f) No Residential Coller or collecting or transporting Solid
Waste within the City shall -eate roise levels in excess of 65
decibels. No Commercial Collec' or n Prop Box Transporter collecting
or transporting Solid Waste wit' n + ( itv shall create noise levels
in excess of 70 decibels.
g) No Collector or Transt. `rter sxi| l fail to maintain Bins and
Drop Boxes other than in good re ^
SECTION 3. If any section, 'ubsecti"n, sentence, clause, phrase,
part or portion of this Ordinan( is for any reason held to be invalid
or unconstitutional by any cr .rc of competent jurisdiction, such
decision shall not affect the ilidity of the remaining portions of
this ordinance. The City Cnurc declares that it would have adopted
this ordinance, part or portion hereof, irrespective of the fact that
any one or more sections, .;ub. ,ztinn», sentences, clauses, phrases,
parts or portions be declared in` lid or Lncnnstftutional .
SECTION 4. This Ordinan,:r '.a ' h+: )mp effective thirty (30) days
after its passage and adoptior
SECTION 5. The City L ;e. ' ! hal certify to the passage and
adoption of this ordinance; ' | prn'r the same in the book of
original ordinances of said City, shall make a minute of the passage
and adoption thereof in the re ord', of the proceedings of the City
Council at which the same is / iused and adopted; and shall , within
fifteen (15) days after the pa `age an: adoption thereof, cause the
same to be published once it a newspap,r of general circulation, as
defined in Section 0008 of `3wprnment Code, for the City of
Moorpark, and which is hereby d' that purpose.
PASSED AND ADOPTED this __. _day of_! • 199n
Paul yr _aWr1sofl, ir.
Mavo
Lillian E. Kellerman
City Clerk
ADM.901311