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Home My Public Portal AboutOrd 1185J ORDINANCE NO. 1185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, AMENDING SECTION 8.12.040 (AGENT'S CONTRACT WITH CITY- CONDITIONS) OF CHAPTER 8.12 ("GARBAGE COLLECTION") OF TITLE 8 HEALTH AND SAFETY") OF THE RANCHO MIRAGE MUNICIPAL CODE PROVIDING THE CITY COUNCIL GREATER FLEXIBILITY IN SETTING THE TERM OF A CONTRACT ENTERED INTO PURSUANT TO CHAPTER 8.12.40 WHEREAS, the City of Rancho Mirage ("City") is recognized as a charter city and a political subdivision of the State of California for certain purposes; and WHEREAS, Rancho Mirage Municipal Code ("RMMC") Chapter 8.12 ("GARBAGE COLLECTION") regulates garbage, refuse and rubbish collection, conveyance and disposal; and WHEREAS, Section 8.12.040 ("Agent's Contract with City -Conditions"), in relevant part, provides that the City Council, on behalf of the City, may contract for the performance of all or any part of the services designed in Chapter 8.12; provided, however, that the term of any such contract shall be for a period not to exceed six (6) years; and WHEREAS, Section 8.12.045 ("Monthly Extensions") limits any extension of such contract term to a "monthly basis"; and WHEREAS, the City desires to amend Chapter 8.12 to provide the City Council greater flexibility when contracting for services by authorizing the City Council to enter into agreements for more than six (6) years when Council determines a longer term is in the best interest of the City; and WHEREAS, the City further desires to amend Chapter 8.12 to provide the City Council greater flexibility to amend and extend the term of any such contract for a period greater than a month when it is in the best interest of the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. RECITALS That the above recitals are true and correct and are incorporated as though fully set forth herein. Section 2. AMENDMENT TO SECTION 8.12.040 ("GARBAGE COLLECTION") OF CHAPTER 8.12 ("GARBAGE COLLECTION") OF TITLE 8 ("HEALTH AND SAFETY") OF THE RANCHO MIRAGE MUNICIPAL CODE 1 Chapter 8.12 ("Garbage Collection") of Title 8 ("Health and Safety") of the Rancho Mirage Municipal Code is hereby amended as follows: Chapter 8.12 GARBAGE COLLECTION 8.12.010 By city or agent only. All garbage and rubbish accumulated in the city shall be collected, conveyed and disposed of by the city or by any person with whom the city has a contract for the collection, removal and disposal of ashes, waste matter, garbage and rubbish. Except as otherwise provided in this chapter, no person, other than the city or its contract agent, shall collect, convey over any of the streets or alleys of the city, or dispose of any refuse accumulated in the city. (Ord. 42 § 1, 1974) 8.12.020 Service and payment required. The city or its contract agent shall collect garbage, refuse and rubbish from each residence, dwelling, apartment, hotel, motel, trailer park, business, or commercial establishment, and the owners, occupants, or persons, firms, or entities residing in or using each of such residences, dwellings, apartments, hotels, motels, trailer parks, businesses or commercial establishments, shall pay for such services at rate set by resolution from time to time adopted by this city council. (Ord. 42 § 2, 1974) 8.12.030 Water service connection records-Use. The garbage and refuse collection shall be made at each residence, dwelling, apartment, hotel, motel, trailer park, business or commercial establishment which shall have its water service connected and in service as reflected by the records of the water district or company serving domestic water to those premises. If refuse collection service is provided on an individual billing basis, the person residing in or using a residence or other dwelling unit may request the city's contractor to temporarily discontinue refuse collection service during any period of time, not exceeding a total of four consecutive calendar months in any calendar year, when the residence or other dwelling unit is unoccupied. Refuse collection service shall be discontinued for the time requested even though the water service remains connected, subject to the payment of those fees established in the rate resolution. (Ord. 231 § 1, 1981; Ord. 42 § 3, 1974) 8.12.040 Agent's contract with city-Conditions. As in its discretion it may appear to be in the best interests of the city and the residents thereof, the city council, on behalf of the city, may contract for the performance of all or any part of the services designed designated in this chapter; provided, however, that the terms of any such contract shall be consistent with this chapter and shall be for a period 2 of not to exceed six years, unless the Citv Council determines a contract term of more than six years is in the best interest of the city. Such contract shall provide for a surety bond to be provided to the city in the sum of fifty thousand dollars, conditioned upon the faithful performance of the contract and the provisions of this chapter or an amount and conditioned as the council shall establish by resolution. (Ord. 363 § 2, 1986; Ord. 100 § 63, 1976; Ord. 42 § 4, 1974) 8.12.045 Monthly extension of contract. Notwithstanding Section 8.12.040, as in its discretion it may appear to be in the best interests of the city and the residents thereof, the city council, on behalf of the city, may extend the period of any contract for the performance of all or any part of the services designed in this chapter on a monthly basis or as otherwise determined by the city council to be in the best interest ofthe city. (Ord. 1072 § 2, 2013; Ord. 1071 § 2, 2013) 8.12.050 Rates-Council's authority. The city or its contract agent shall charge such rates as charges for garbage, refuse and rubbish collection as the city council shall, from time to time, determine by resolution. Ord. 42 § 5, 1974) 8.12.060 City's right to discontinue collection of certain items. Notwithstanding any provision contained in this chapter, the city reserves the right to discontinue the collection and disposal of any of the services, items, subjects, matters, materials or other things referred to in this chapter at any time in its discretion. (Ord. 363 3, 1986; Ord. 42 § 6, 1974) 8.12.070 Receptacles-Required-Requirements. It is the duty of every owner, manager, or person in possession of any residence, dwelling, apartment, hotel, motel, trailer park, business or commercial establishment to provide or cause to be provided portable receptacles for holding garbage. Such receptacle shall be constructed of metal or other suitable material approved by the city administrator, and shall be watertight and so constructed as to contain not more than thirty gallons. (Ord. 42 § 7, 1974) 8.12.080 Receptacles-For business-Requirements. Business establishments shall use containers specified by the city or its contract agent which shall be sized to contain all refuse accumulation of the business for four days or other period as determined applicable for such business establishment and its location by the city or its contract agent. (Ord. 42 § 8, 1974) 3 8.12.090 Receptacle-Placement restrictions. A. Collection of refuse shall be made from that place where containers are located on the property, provided the containers are freely accessible and ground level or on a platform not more than three feet above the ground and are not inside any dwelling, store, office, shelter, or other building; provided, that residential refuse will be collected from not to exceed sixty feet from any side, back door, carport, or other area as may be approved by the city council. All receptacles shall be screened from view from any public street or public place. A receptacle may be viewed from a public street or place twelve hours prior to the scheduled pickup and twelve hours thereafter. B. For purposes of this section screening is defined as: solid fencing, gates and/or landscaping which provide a solid barrier and is architecturally compatible with the adjacent structure and/or existing surrounding conditions. For purposes of this definition, screening shall not consist of reflective surfaces, bamboo-type curtains, chain link (with or without slats), or similar transparent or semitransparent materials. (Ord. 629 § 1 (Exh. A), 1995; Ord. 363 § 4, 1986; Ord. 42 § 9, 1974) 8.12.1 00 Contract conditions-Generally. The city council shall, in any contract for the collection, removal or disposal of ashes, waste matter, garbage and refuse, include such terms not inconsistent with this chapter as it deems necessary to provide for the interest of the city. (Ord. 363 § 5, 1986; Ord. 42 10, 1974) Section 3. CEQA EXEMPT That the City Council finds that this ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061 (b)(3) (common sense exemption) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment because it simply authorizes a contract term beyond six years under certain circumstances, with no expansion or reduction in rights which could impact the environment. Section 4. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. 4 Section 5. REPEAL OF CONFLICTING PROVISIONS That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are hereby repealed. Section 6. EFFECTIVE DATE That this ordinance shall take effect thirty (30) days after its adoption . Section 7. CITY ATTORNEY REVIEW That the City Attorney prepared and framed this ordinance pursuant to Section 1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the RMMC. Section 8. AMENDING OF BAIL SCHEDULE That the City Attorney is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside. Section 9. CERTIFICATION That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 5 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on June 17, 2021, by the following vote: AYES : Hobart, Kite, Smotrich, Townsend, Weill. NOES : None. ABSENT : None. ABSTAIN : None. CITY OF RANCHO MIRAGE: ietLr~ Ted Weill ,~·yOr ATTEST: NR~~~ Kristie Ramos, City Clerk APPROVED AS TO FORM: For-teven B. Quintanilla, City Attorney U 5u. \1\lec.~ ver ~ 1\loiNok 1 ~""-i ci~'f .M\o\'l'..Q~ 6 ORDINANCE CERTIFICATION STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF RANCHO MIRAGE) I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do hereby certify under penalty of perjury, that the foregoing Ordinance No. 1185 was introduced by first reading at a regular meeting of the City Council held on June 3, 2021, by the following vote: AYES : Hobart, Kite, Smotrich, Townsend, Weill. NOES : None. ABSENT: None. ABSTAIN : None. Ordinance No. 1185 was adopted at a regular meeting of the City Council held on June 17, 2021, by the following vote: AYES: Hobart, Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN: None. I further certify that I have caused Ordinance No. 1185 to be posted and/or published, as required by law (GC Sect. 36933). 7 L ·~~ Kristie Ramos City Clerk