Loading...
HomeMy Public PortalAbout16) 10B Public Hearing Ord. No. 14-993 Location, placement time frame and construction of trash containersAGENDA ITEM 10.8. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: June 3, 2014 TO: The Honorable City Council FROM: Donald E. Penman, Interim City Manager ~ By: Robert Sahagun, Public Safety and Services Manager SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 14-993 AMENDING TITLE 6 ("PUBLIC HIGHWAYS, SEWER, AND UTILTIES"), CHAPTER 2 ("SEWERS AND WASTE"), ARTICLE C ("GARBAGE AND RUBBISH DISPOSAL"), SPECIFICALLY, SECTION 6.2C(2) OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE LOCATION, PLACEMENT TIME-FRAMES, AND CONSTRUCTION OF TRASH CONTAINERS RECOMMENDATION: The City Council is requested to: a) Introduce Ordinance No. 14-993 (Attachment "A") for first reading by title only, amending Title 6 ("Public Highways, Sewer, and Utilities"), Chapter 6 ("Sewer and Waste"), Article C ("Garbage and Rubbish Disposal"), specifically, Section 6.2C(2) of the Temple City Municipal Code; b) Waive further reading of Ordinance No. 14-993; and c) Schedule the second reading of Ordinance No. 14-993 for June 17, 2014. BACKGROUND: 1. On February 18, 2003, the City entered into an agreement with Athens Services to provide solid and yard waste, recyclables, and street sweeping services. 2. On December 10, 2010, a City Codes Review Ad Hoc Committee was formed (i.e., Mayor Tom Chavez and Councilmember Cynthia Sternquist) to address the challenges encountered by staff trying to enforce outdated City codes and obtaining compliance from violators. 3. In 2012, the City Codes Review Ad Hoc Committee discussed street sweeping services. City Council June 3, 2014 Page 2 of 4 4. On November 6, 2012, the City Codes Review Ad Hoc Committee was converted to a Standing Committee (i.e., City Codes Review Standing Committee) in order to have a more systematic manner to address deficiencies within the Temple City Municipal Code (TCMC). 5. On June 4, 2013 the City Council adopted the Fiscal Year 2013-14 City Budget, which allocated funds for street signs. 6. On February 12, 2014, staff met with Athens Services Operations Supervisor Cesar Ortiz to discuss a weekly street sweeping schedule and route. 7. On March 13, 2014, staff began to install City street sweeping signs. 8. On April 3, 2014, the City Code Review Standing Committee (i.e., Mayor Pro-Tem Chavez, Councilmember Vizcarra) recommended to amend TCMC 6.2C(2) (Ordinance), regarding the time-frames that residents can place trash containers prior to and following collection. ANALYSIS: Over the past few years, the City has enacted several amendments (e.g., the Tree Preservation and Protection, Title 10 of the Los Angeles County Code, Public Nuisance Regulations) to the TCMC that collectively are aimed at maintaining and enhancing the City's quality of life. In an effort to continue to improve the City's quality of life, staff met with the City Code Review Standing Committee (Committee) to discuss the current permitted time-frames for both preceding and following trash collection. After thorough review and analysis, staff has determined that the current Ordinance is inadequate not only with respect to quality of life, but also public safety, such as blocking sidewalks, and the effectiveness of the City's street sweeping program (i.e., Athens Services) and National Pollutant Discharge Elimination System (NPDES) best practices. In order to address the inadequacies of the current Ordinance, staff is proposing an amendment that will: 1. Modify the permitted time-frames trash containers are allowed to be placed on the City's public-right-of-way for collection; 2. Define the appropriate areas to place and store trash containers; and 3. Improve the effectiveness of the City's street sweeping program and NPDES best practices. Current Ordinance The current Ordinance has not been amended since the City incorporated in 1960; therefore, this section is outdated and no longer effective. For example, the existing Ordinance states that trash containers shall be constructed of metal material; thereby creating a code violation for using trash containers constructed of another form (e.g., City Council June 3, 2014 Page 3 of 4 plastic). However, the City's waste agreement with Athens Services (Athens) allows for residents to use any type of container with the following limitations: 35 gallon capacity and 50 lbs. maximum weight. Furthermore, trash containers are allowed to be placed in the public-right-of-way at 12 p.m. the day before collection, and must be removed by 12 p.m. the day after collection. Incorporating the permitted time-frames established in the Ordinance and the current level of trash service provided by Athens, trash containers are allowed to be placed in the public-right-way six days out of the week. Permitting containers to be placed six times per week greatly diminishes the aesthetics of the community and leads to decreasing the quality of life for the City. Moreover, the current ordinance language regarding the placement of trash containers for collection is ambiguous. The ordinance allows residents to place trash containers for collection in "public places". The phrase "public place" allows a resident to place trash containers in areas that may compromise public safety (e.g., sidewalks). In addition, Athens Services also provides street sweeping services as part of the City's waste agreement. Due to the extended hours afforded to residents for both preceding and following trash collection, trash containers left in "public places" (e.g., curbside) will conflict with the new street sweeping schedule (i.e., Monday-Friday, 6am-3pm); thereby minimizing the effectiveness of the street sweeper and NPDES best practices which aim to reduce debris from entering the storm drain. Proposed Ordinance Staff is recommending the following amendments to address the issues found in the current Ordinance: 1) Establish new time-frames for the placement and removal of trash containers for collection. Residents will be permitted to place trash containers at 5 p.m. the day preceding collection, and must remove them by 10 p.m. the day of collection. The new time-frames will improve the aesthetics of the community by modifying the total amount of days that trash containers are permitted to be on the public-right-of-way (i.e., from six days to four days a week). Moreover, the proposed time-frames allow for greater effectiveness with the City's street sweeping program and NPDES best practices; by preventing trash containers from impeding the street sweeper's ability to effectively clean City streets. 2) Clearly defines the permitted placement of trash containers for collection. By instructing residents to place them at the curbside in-front of their property, with the exception for those abutting to alleys. This will aid in addressing public safety concerns that may arise from trash containers being placed in areas that may compromise the public's well-being, such as obstruction to pedestrians travel on sidewalks and causing them to maneuver into vehicular City Council June 3, 2014 Page 4 of 4 travel lanes. CONCLUSION: Ordinance No. 14-993 amends the existing code by establishing acceptable trash container placement areas and new time-frames for collection days. The Proposed Ordinance will improve the City's quality of life by addressing aesthetics, public safety concerns, and increasing the effectiveness of the City's street sweeping program and NPDES best practices. Therefore, the City Council is requested to introduce Ordinance No. 14-993 amending Temple City Municipal Code Section 6.2C(2) and schedule the second reading for June 17, 2014. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget. ATTACHMENT: A. Ordinance No. 14-993 ATTACHMENT A ORDINANCE NO. 14-993 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING SECTION 6-2C-2 GARBAGE: CONTAINERS AND LOCATION OF ARTICLE C OF CHAPTER 2 OF TITLE 6 OF THE TEMPLE CITY MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Section 6-2C-2 of Article C of Chapter 2 of Title 6 of the Municipal Code of the City of Temple City is hereby amended to read as set forth in Exhibit "A" to this Ordinance. SECTION 2: The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this 1ih day of June 2014. MAYOR ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY - 1 . Ordinance 14-993 Page 2 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 14-993 was introduced at the regular meeting of the City Council of the City of Temple City held on the 3rd day of June 2014, and was dul~ passed, approved and adopted by said Council at the regular meeting held on June 1i , 2014 by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk -2- EXHIBIT "A" TITLE 6 CHAPTER 2-SEWER AND WASTE ARTICLE C. GARBAGE AND RUBBISH DISPOSAL 6-2C-2: GARBAGE; CONTAINERS AND LOCATION Every residential householder shall place each garbage, combustible trash, and rubbish container for collection as designated in this section: A Container Placement For Collection: Containers shall be placed: 1. At the curb in front of the premises; or 2. At the side of the street premises where the premises are adjacent to more than one street; or 3. In an alley abutting to the rear property line; B. Container Restrictions: 1. Containers shall not be placed on public-right-of-ways as to compromise public safety; and 2. Containers shall be constructed in accordance with this Article and/or City's waste agreement C. Preceding and Following Collection: 1. No person shall place any such container for collection earlier than 5:00 p.m. of the day preceding the day designated for collection, and all containers and receptacles shall be removed from the place of collection prior to 10:00 p.m. of the day the containers have been emptied. Such containers shall be removed to a storage location in the rear or side yards of improved lots, which is not visible from any public right-of-way, excluding alleys. - 1 -