HomeMy WebLinkAboutOrd 1094 Recycling Svcs for all Single-family Residential Units 06-23-2005CITY OF PALM DESERT
COMMUNITY SERVICES
STAFF REPORT
REQUEST: Consideration of Ordinance No. 1094 Requiring Automated
Recycling Services for all Single -Family Residential Units.
SUBMITTED BY: Robert Kohn, Director of Special Programs
DATE: June 23, 2005
CONTENTS:
1. Ordinance No. 1094 Requiring Automated Recycling at all Single -Family
Residential Units Within Palm Desert.
2. Letter from Waste Management outlining the impacts of implementation and
requested adjustments to rates and the franchise agreement.
3. List of non -automated residences in Palm Desert.
4. Council meeting minutes of April 14 and May 12, 2005
Recommendation:
Waive further reading and pass Ordinance No. -1094 to second reading.
Executive Summary:
At its meeting of February 10, 2005, the City Council directed staff to review the City of
Seattle's mandatory recycling program and bring a similar program forward to City
Council for consideration.
Seattle's program mandates recycling by all residents, who are subject to random
inspections and potential fines. Staff is recommending that Palm Desert's recycling
program continue on a voluntary basis. Instead of mandating recycling, staff
recommends adoption and implementation of automated recycling collection system for
all residential areas, except apartment units and complexes with a central disposal area.
Automating the collection of recyclables would provide complete automation of the
waste services in Palm Desert. Adoption of this ordinance, as the first step, will allow
time for work to be completed by the recycling consultant, including any
recommendations to improve or expand the program.
ORDINANCE NO. 1094
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING TITLE 8
OF THE PALM DESERT MUNICIPAL CODE, ADDING
CHAPTER 8.19 RELATIVE TO MANDATORY
AUTOMATED COLLECTION OF SOLID WASTE,
RECYCLING, AND GREENWASTE FOR ALL
RESIDENTIAL UNITS WITHIN THE CITY OF
PALM DESERT.
WHEREAS, the City of Palm Desert has conducted both formal and informal
surveys indicating that automated collection services increase participation and the
volume of materials collected for reuse; and
WHEREAS, the task of meeting the State mandates of 50% diversion by 2000 of
waste from landfills falls on all residents and businesses within the City of Palm Desert;
and
WHEREAS, the franchise waste hauler concurs with the findings and
assumptions of said surveys; and
WHEREAS, the City is continually researching ways to improve recycling
programs and services.
NOW, THEREFORE, the City Council of the City of Palm Desert, California,
DOES HEREBY ORDAIN as follows:
Section 1: Title 8 of the Palm Desert Municipal Code, being the same, is
hereby amended to add:
SECTION 8.19.010: PURPOSE AND STATUTORY AUTHORITY
The purpose of this ordinance is to regulate the storage, collection, and disposal
of solid waste and recyclable materials in the City of Palm Desert. This ordinance is
adopted pursuant to the authority contained in General Statutes governing powers of
municipalities and various federal and state statutes specifically regulating solid waste
and recycling.
SECTION 8.19.020: AUTOMATED RUBBISH COLLECTION PROGRAM
There is hereby established a program for the mandatory use of automated
refuse and recycling containers and collection by the residents of the City. The
collection of rubbish and recyclables shall be made weekly as specified within the Palm
Desert Municipal Code (PDMC) and Franchise Agreement.
ORDINANCE NO. 1094
SECTION 8.19.030: DEFINITIONS
For purposes of this article, the following terms, phrases, words, and their
derivations shall have the meanings given herein and as provided within the PDMC:
(a) Automated Rubbish Collection. The term "automated rubbish collection"
shall mean the collection of rubbish by means of a specially equipped
collection truck servicing a special refuse container obtained exclusively
through the waste hauler and set out in a prescribed manner.
(b) Automated Refuse Container. The term "automated refuse container"
shall mean the container assigned for use in the automated collection
program.
(c) Construction and Demolition (C&D). The term "C&D" shall mean any solid
waste material such as lumber, brick, stone, asphalt, plaster, concrete,
roofing materials, and any other items or substances resulting solely from
construction, remodeling, repair, or demolition operations on buildings or
other structures, but does not include inert debris, land -clearing debris,
yard debris and used asphalt, asphalt mixed with dirt, sand, gravel, rock,
concrete, or similar non -hazardous material.
(c) Customer. The term "customer" shall mean the party that owns the
residential property to which an automated refuse container is assigned.
(d) Dwelling Unit. The term "dwelling unit" shall mean the individual private
premises contained in any building intended, whether occupied or not, as
the residence for one household, regardless of the number of individuals
in the household. A building may contain more than one dwelling unit.
(e) Garbage. The term "garbage" shall mean the waste produced by the
handling, processing, preparation, cooking, and consumption of animal
and vegetable products used for human consumption.
(f) Residential Complex. The term "residential complex" shall, without regard
to form of ownership, refer to a parcel of property with no more than four
separate dwelling units, each unit intended for occupancy by separate
households, that provides on said parcel off street parking for residents of
the complex.
(g) Refuse. The term "refuse" means putrescible and non-putrescible solid
wastes (except human body wastes), including garbage, rubbish, and cold
ashes, but excluding dead animals and solid market and industrial wastes
and excepting any item defined and categorized as recyclables.
(h) Rubbish. The word "rubbish" shall mean non-putrescible solid wastes
consisting of both combustible and noncombustible wastes such as paper,
wrappings, newsprint, cardboard, tin cans, yard clippings, leaves, glass,
and bedding, excepting any item defined and categorized as recyclables.
(i) Recyclables. The term "recyclables" means materials that are collected for
intended reuse, including, but not limited to, paper, chemical, glass, metal,
plastic, green waste, wood waste, and construction debris.
(j) Green waste. The term "green waste" means all yard waste, including, but
not limited to, grass, shrubbery, tree trimmings, plant trimmings.
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ORDINANCE NO. 1094
SECTION 8.19.040: CITY TO PROVIDE COLLECTION AND DISPOSAL
(a) The waste hauler shall provide for collection and disposal of refuse and
recyclables when placed at the curb for collection pursuant to this chapter.
(b) Compliance with the requirements of this chapter is necessary to procure
the collection and removal of refuse and recyclables, and such compliance
shall be a defense to any prosecution for failure to remove or dispose
thereof.
SECTION 8.19.050: RECEPTACLES -- GENERAL REQUIREMENTS
(a) Every person having charge or control of residential property containing
not more than four (4) dwelling units in the City where refuse accumulates
shall place and keep the refuse and recyclables in the automated refuse
containers obtained exclusively through the waste hauler for use in the
automated collection program. Automated refuse containers assigned by
or obtained from the waste hauler shall remain at all times property of the
hauler. Containers are assigned by individual street addresses to
individual residential properties, not to individual residents or customers.
At no time and under no circumstances shall the automated refuse
container(s) be moved or removed from the property to which it was
assigned. The automated refuse containers will be repaired and
maintained by the waste hauler at no additional cost unless damage is
caused by customer abuse or negligence, in which case the cost of
replacement shall be charged to the customer.
(b) Those included in the automated rubbish and recycling collection program
shall only use the approved automated refuse containers to be obtained
exclusively through the waste hauler. No other containers are allowed.
SECTION 8.19.060: RECEPTACLES -- PLACEMENT, CAPACITY AND
PICKUP
(a) Containers shall be placed at or as near to the curb or edge of road as
possible, so as to be accessible to collection crews. Placement must be
such that there is no interference with collection (e.g., too close to
vehicles, other refuse containers, poles, fences, mailboxes, and other
obstacles). Containers must be placed at the designated pickup area by
5:30 a.m. on the scheduled day of collection. No container shall be placed
curbside or adjacent to street more than twelve (12) hours prior to the
normal collection time and shall be removed from curb or street location
within twelve (12) hours after collection.
(b) Only normal residential household refuse is permitted to be placed in the
containers. Toxic or hazardous materials, dead animals, building
materials, yard waste, and bulk items such as household furnishings or
appliances are prohibited. Items that meet the city standards for recycling
shall be disposed of through the City recycling program.
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ORDINANCE NO. 1094
(c) Use of paper or plastic refuse bags is encouraged. Such bags shall be
used for disposal of garbage. Bags shall not be placed outside the
container.
Effective 30 days from adoption of Ordinance No. 1094 all single-family
residential homes (unless utilizing commercial bin service/central disposal area for all
residents within complex) will be required to place recyclables in automated carts for
collection.
Exceptions due to terrain, disabilities, complexes with centralized disposal setups
(e.g., apartments and condos with four or more units, two-story residential units) shall
be exempt when such conditions exist that prevent automated service. Exemptions
shall be made on a case -by -case basis.
The City of Palm Desert's waste hauler shall commence with the ordering and
placement of automated containers at all residential units except for those exceptions
noted above or approved by the City. The language of Chapter 8.19 notwithstanding,
all other codes related to solid waste and recycling shall stand in full force and effect.
This action does not relieve the franchisee of any obligations under the existing
Franchise Agreement.
Section 2: The City Clerk of the City of Palm Desert, California, shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published
once in the Desert Sun, a newspaper of general circulation, circulated within the City of
Palm Desert, and the same shall be in full force and effect thirty (30) days after its
adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the day of ,
2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT
BUFORD A. CRITES, MAYOR
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WASTE MANAGEMENT
41.575 Eclectic Street
Palm Desert, CA 92260
(760) 340-2113
(760)340-0417 Fax
www.wmdesert.com
May 24, 2005
Ms. Sheila Gilligan
Assistant City Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Mandatory Automation Implementation
Dear Mrs. Gilligan:
Thank you for meeting with me today to discuss the Mandatory Automation
Implementation schedule. As we also discussed, Waste Managements' capital outlay for
this project will be approximately $2.1 million for refuse and recycling carts, (24,000)
and for the purchase of five collection vehicles.
Our current Franchise Agreement with the City expires on February 28, 2008, leaving
two years and eight months. The typical residential automated cart and collection
vehicles are amortized over an eight -year period. Since we do not have eight years
remaining on our current agreement, Waste Management would respectfully request the
City to consider several changes to the current agreement as follows:
The City to exercise its option of a one-year extension in accordance with
ARTICLE 2.4. This will increase the remainder of the term to 3.8 years.
• The City to allow Waste Management to receive 100% of PPI for the remainder
of the term vs. 50%. This request is to help cover the additional capital expense
due to the limited years remaining in the agreement. Also, please note that the
PPI for Natural Gas (index attached) has increased 69% from December 2002
through December 2004.
Because of the additional labor cost for back yard service, we also request to
increase the current rate for walk-in service from $3.87 a month to $8.20.
0
wvm4
WASTE MAINAOE ENT
Attached for your review and comment, is an updated rate sheet incorporating the
change to 100% of PPI, the new walk in rate of $8.20 and the anticipated disposal
increase of $.46 a ton at the Edom Hill Transfer Station.
For further discussion on these issues, please let me know when it will be most
convenient to meet with you and other City staff.
Sincerely,
Frank Orlett
District Manager
Attachment
Cc: Robert Kohn, Director of Special Programs
Deborah McGarrey, Municipal Marketing Manager
FO/ph
From everyday collection to environmental protection, Think Green° Think Waste Management.
Memo
TO: Frank Orlett, Deborah McGarrey
From Brad Kloos
Daise 5/23/2005
lase Palm Desert Automated Rollout
We currently have approximately 10,5W customers with non -automated service residing in the City of
Palm Desert. The following is an explanation of the attached rollout schedule for automated trash and
recycle containers in the non -automated communities.
The communities have been divided into 4 groups and prioritized for delivery based on the type of
service they currently have and the areas we feel would be most beneficial to the customer and the City
to provide with automated service. The schedule for the groups is as follows:
Group 1 consists of 7 communities and approximately 3943 customers and can be implemented by
October 31, 2005.
Group 2 Consists of 13 communities and approximately 1343 customers and can be implemented by
March 30, 2006.
Group 3 consists of 6 communities and approximately 1462 customers and can be implemented by
May 31, 2006.
Group 4 consists of 9 communities and approximately 3440 customers. Some of the communities in
this group will require further discussion concerning issues with servicing the areas with the automated
type of vehicle. This group can be implemented by October 31, 2006.
For Waste Management to be able to order the containers and set up the deliveries all communities
must be notified and approved by the HOAs and the City of Palm Desert no less than 60 days prior to
the delivery date. Depending on exemptions and type of serviced requested any/all communities might
be required to change service days.
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
Mrs. Gilligan responded that a proposal would be coming before Council as
part of the overall Human Resources White Papers during budget review in
June. Staff was recommending that an individual already on staff in the
Human Resources Department be promoted to Manager. In the meantime,
the Interim Director was working on various and sundry major projects to
bring the City into compliance with human resources requirements. If PERS
approved the requested extension, it would be of extreme benefit to the City
of Palm Desert.
Councilman Kelly said it was his understanding that if the City were to find
a permanent Human Resources Director, it would not need to use the entire
additional hours being requested in the extension, and Mrs. Gilligan agreed.
Mayor Pro Tern Ferguson moved to waive further reading and adopt Resolution
No. 05-30. Motion was seconded by Spiegel and carried by a 5-0 vote.
IX. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT
MUNICIPAL CODE TITLE 8, CHAPTERS 8.16 AND 8.17, AUTHORIZING
THE MANDATORY AUTOMATED COLLECTION OF SOLID WASTE,
RECYCLING, AND GREENWASTE FOR ALL RESIDENTIAL UNITS.
Mrs. Gilligan stated that a letter had been received from Waste Management
documenting issues of concerns. She asked that Council consider
continuing this matter for 30 days to allow staff to meet with Waste
Management to discuss these concerns.
Mayor Pro Tern Ferguson asked whether there was any kind of materials
recovery facility out of the transfer station at Edom Hill.
MR. FRANK ORLETT, District Manager for Waste Management of the
Desert, responded that while there was not a true MRF (Materials Recovery
Facility) at Edom Hill, they were recycling green waste and metal and had
some buy-back items there as well. Upon further question, he responded
that waste paper currently goes to the landfill.
Councilmember Spiegel noted the staff report indicated the City's diversion
rate for 2003 was 61 %, and he asked how that ranked in the Coachella
Valley. Mr. Orlett responded that while he was not sure of the exact ranking,
he felt it was one of the highest in the State. He added that only about 47%
of the communities in the State had reached 50% diversion at this point.
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
Councilmember Benson moved to continue this matter to the meeting of
May 12, 2005. Motion was seconded by Ferguson and carried by a 5-0 vote.
B. ORDINANCE NO. 1095 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.38
OF THE PALM DESERT MUNICIPAL CODE BY ADDING SECTION
2.38.030 RELATIVE TO MUNICIPAL ELECTIONS/SELECTION OF CITY
OFFICERS.
Mayor Pro Tern Ferguson moved to waive further reading and pass Ordinance
No. 1095 to second reading. Motion was seconded by Spiegel and carried by a 5-0 vote.
For Adoption:
A. ORDINANCE NO. 1069 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO DEVELOPMENT AGREEMENT 97-2, EXPANDING
PERMITTED USES TO INCLUDE PLANNED INDUSTRIAL USES IN
PLANNING AREA #1 OF THE WONDER PALMS MASTER PLAN Case
No. DA 97-2 Addendum #2 (Holt Architects, Applicant).
Mayor Pro Tern Ferguson moved to waive further reading and adopt Ordinance
No. 1069. Motion was seconded by Kelly and carried by a 5-0 vote.
X. NEW BUSINESS
A. CONSIDERATION OF CALTRANS' REQUEST FOR CLOSURE OF
THRUSH ROAD AT HIGHWAY 74.
Councilman Spiegel said he did not see the need for such closure.
Mayor Pro Tem Ferguson agreed and said he felt doing so would cut off
access for a lot of people in that area. He added that he did not know how
it could be related to the Shadow Mountain signal.
Mayor Pro Tern Ferguson moved to, by Minute Motion, direct staff to decline
Caltrans' request for closure of Thrush Road. Motion was seconded by Spiegel and
carried by a 5-0 vote.
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005
Mayor Pro Tern Ferguson said he could see the utility of having somebody
on standby, but he was uncomfortable sole sourcing a contract when he did
not know the contractor, the rate schedule, what competitors might or might
not offer, etc. He agreed with Councilman Kelly and said the City Manager
had the authority up to a certain dollar amount to execute these contracts if
he believed they were necessary at the time. He added that he would be
more comfortable going out and getting all the information to make a fully
informed decision or simply letting the City Manager take care of it when and
if it is appropriate.
Mayor Crites suggested that staff bring additional material to Council on this
matter.
Mr. Rosenblum noted that having a contingency contract with Belfor USA did
not mean the City could not contract with other agencies; this firm would just
be available to the City 24 hours a day, seven days a week.
Councilman Spiegel moved to, by Minute Motion, direct the Risk Manager to
develop a contingency contract with Belfor USA, Placentia, California, for emergency
building restoration services. Motion was seconded by Benson and carried by a 3-2 vote,
with Mayor Pro Tern Ferguson and Councilman Kelly voting NO.
XV. CONTINUED BUSINESS
A. ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT
MUNICIPAL CODE TITLE 8, CHAPTER 8.16 AND 8.17, AUTHORIZING
woo
r THE MANDATORY AUTOMATED COLLECTION OF SOLID WASTE,
RECYCLING, AND GREENWASTE FOR ALL RESIDENTIAL UNITS
(Continued from the meeting of April 14, 2005).
Mayor Pro Tern Ferguson moved to, by Minute Motion, continue this matterto a time
uncertain. Motion was seconded by Spiegel.
Councilman Kelly asked whether the City would be working toward
automating all the gated communities in the meantime.
Mr. Kohn responded that this was the goal. He noted that Waste
Management was currently in discussion with several of the gated
communities about automation, and a number of them would be switching
over shortly.
Councilman Kelly requested a progress report every few months to keep
Council apprised of the progress.
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PRELIMINARY MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005
Upon question by Mayor Crites as to continuance of this item to a date
uncertain, Mr. Kohn responded that he felt continuing the matter to the
second meeting in June would be sufficient.
Mayor Pro Tern Ferguson amended his motion to continue this matter to the
meeting of June 23, 2005. Councilman Spiegel amended his second, and the motion
carried by a 5-0 vote.
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING
COMMISSION, APPROVING A PARCEL MAP TO ESTABLISH A ONE -LOT
SUBDIVISION WITH A CONDOMINIUM OVERLAY AT THE 191-SPACE
INDIAN SPRINGS MOBILE HOME PARK LOCATED AT
49-305 HIGHWAY 74 (APN 652-120-007) Case No. PM 31862
(Indian Springs, Ltd., Applicant/Appellant) (Continued from the meetings of
February 10, and March 24, 2005).
The following is a verbatim transcript of this portion of the Council meeting
Key
BAC Mayor Buford A. Crites
RDK Rachelle D. Klassen, City Clerk
RC Richard Close
MS Mari Schmidt
SRG Sheila R. Gilligan, ACM for Community Services
BK Bob Kohn, Director of Special Programs
RAS Councilman Robert A. Spiegel
RSK Councilman Richard S. Kelly
BAC That takes us to, then, public hearings, the first of which is an appeal to a decision
of the Planning Commission having to do with the Indian Springs Mobile Home
Park. And it is noted that we are being asked to continue this until May 26, 2005.
RDK I have cards for this item.
BAC This is a public hearing, and so I would ask, then ... while the Council may very well
wish to continue this matter on staff recommendation, if there are those who wish
to offer comment this evening, now is the time.
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