Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
title
Ordinance 21-67, Public Hearing, An Ordinance Amending Chapter 50, of the City’s Code of Ordinance Relating to Solid Waste and Recycling Materials Collection Service
body
Submitted By: Michael B. Lubeck, Assistant Director of Neighborhood Services
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): This agenda item is a follow up to item 13a (2021-544) from the July 12th City Council meeting. The Council was presented with some proposed adjustments to the solid waste ordinance which currently conform to the language of the Solid Waste Franchise Agreement and therefore require no amendment to the contract. This item allows the Council to act on those proposed amendments to the Ordinance.
Presentation Information: N/A. Neighborhood Services Department (NSD) staff will be available for questions and requests that the presentation given on July 12th serve as the staff presentation for this agenda item.
Staff Recommendation: Move that the Council adopt the ordinance as presented.
Alternate Recommendations:
1. Move that the Council propose additional changes to the attached solid waste ordinance and direct staff to modify the document for approval on the Second Reading of Ordinances on August 9, 2021.
2. Move that the Council not approve the changes to the ordinance and provide staff direction.
Background: The City’s Solid Waste Ordinance was last updated in 2007. Since then, the City has experienced tremendous growth in all aspects of our solid waste operations causing some challenges with collection and how interpretations of the code may have changed over time. These ordinance revisions will not only help align with the current Solid Waste Franchise Agreement but will provide staff with a level of enforceability that previously did not exist. This ordinance is a step in the direction of moving toward a containerized garbage collection system which has proven successful within our recycling program.
Issues/Analysis: Ordinance changes include those listed on the top of page (2) two from the attached City Attorney memorandum dated July 12, 2021. In summary, the changes include: a revised definition section that is consistent with the Franchise Agreement; specifying requirements for collection containers (garbage cans, recycling carts and mechanical containers); limiting construction and demolition waste to (2) two cubic yards per service; updating the dispute resolution process (from City Manager to NSD Director); defining prohibited acts and adding violations and penalties requiring property owners, occupants, tenants to be responsible for complying with the regulations specified in the code.
Financial Information: N/A
Special Consideration: This ordinance revision will also require commercial tree removal and trimming to be removed by the contractor or landscaper hired to provide the service instead of placing these piles curbside for collection.
Location of Project: City-wide
Attachments:
• Proposed Ordinance Revisions
• CAO Memo dated July 12, 2021 - subject: Solid Waste Issues
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: Legal Intake: 6754
Legal Sufficiency Review:
Reviewed by Frank Moehrle, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.