JOEL ROJAS, COMMUNITY DEVELOPMENT DI RECTO~ ~' CAROLYN LEHR, CITY MANAGER ~ Julie Peterson, Code Enforcement Officer (f

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1 TO: FROM: DATE: SUBJECT: REVIEWED: Staff Coordinator: CITY OF HONORABLE MAYOR & CITY COUNCIL MEMBERS JOEL ROJAS, COMMUNITY DEVELOPMENT DI RECTO~ ~' NOVEMBER 19, 2013 ~ AMENDMENT TO MUNICIPAL CODE SECTIONS , and (A)(2) MAKING MINOR AMENDMENTS TO THE REGULATIONS REGARDING RESIDENTIAL TRASH CONTAINERS CAROLYN LEHR, CITY MANAGER ~ Julie Peterson, Code Enforcement Officer (f RECOMMENDATION Staff recommends that the City Council read the ordinance by title only, waive further reading and introduce Ordinance No., an Ordinance of the City of Rancho Palos Verdes amending Section of the Rancho Palos Verdes Municipal Code to shorten the hours trash containers in residential neighborhoods may be placed out for collection; amending Section to reflect the changes brought about with the use of automated trash containers; and amending Section (A)(2) to clarify the definition of public right-of-way. BACKGROUND At the September 17, 2013 City Council Study Session, Mayor Brooks presented to the City Council her concerns regarding the placement and pick-up of trash containers in residential neighborhoods in the City (see attached September 17, 2013 memo from Mayor Brooks). As a result, the City Council agreed to place the item on a future City Council agenda for discussion. At the October 15, 2013 meeting staff presented a report to the City Council on trash container placement hours in the City in comparison to some other South Bay cities' placement hours along with information on the City's trash container enforcement procedures. After some discussion, the City Council agreed to change the City's current hours of trash container placement to be in line with the trash container placement hours of Rolling Hills Estates. In addition, the City Council directed Staff to pursue an educational outreach campaign to inform residents of the trash container placement regulations. 4-1

2 DISCUSSION Trash Container Placement Hours Municipal Code Section currently allows trash containers to be placed at the curb at 8:00 a.m. the day preceding collection and the containers must be removed by 8:00 p.m. the day of collection, or more than two hours after actual collection, whichever is later. At the October 15, 2013 meeting the City Council felt the hours that trash containers are currently allowed to remain at the curb could be shortened some and agreed to change the City's current hours to match the hours trash containers can be placed at the street for collection in Rolling Hills Estates. Rolling Hills Estates allows trash containers to be placed at the curb at 4:00 p.m. the day preceding collection and they must be returned to the property by 10:00 p.m. the day of collection. As such, staff recommends revising Municipal Code Section as follows (strikethrough text for text to be removed and underline bold textto be added): No residential householder who receives curbside refuse removal service shall place or permit to be placed any solid waste or solid waste container at the place of collection at the residential premises before eight a.m. four p.m. of the day preceding the scheduled collection or leave any such container at the place of collection after ten p.m. on the day of collection. or more than r.vo hours after actual collection, i..vhichever is later. Screening of containers As part of the City Council discussion on October 15th, Councilman Knight referenced the language in Municipal Code Section (A)(2) in regards to the storage of trash containers on private property. He noted that there are "private" streets in the City, however the language references the trash containers being screened from the "public" right-of-way. As such, staff is recommending revising Municipal Code Section (A)(2) as follows (strikethrough text for text to be removed and underline bold text to be added): The storage of trash, garbage or refuse cans, bins, boxes or other such containers in front or side yards, which are not substantially screened from view from the public right of way public or private street right-of-wav, except when placed for collection pursuant to the provisions of this code. Types of containers As noted in the October 15th City Council staff report, back on July 1, 2010, new automated carts were provided to the residents for rubbish, recycling, and green waste collection. Municipal Code Section , which discusses the types of containers allowed at residential properties, was not modified at the time the new carts were distributed to reflect the change to automated carts. As such, in order to correct this oversight, staff is recommending that the City Council take this opportunity to revise Municipal Code Section 4-2

3 as follows (strikethrough text for text to be remove and underline bold text to be added): A. Every person occupying or in possession of any residential premises in the city shall provide or be provided with sufficient containers to accommodate the amount of solid waste generated by the premises. Residents can subscribe to the appropriate service level by choosing cart size and (or) number of containers. The containers shall be constructed of metal, hard rubber or rigid plastic, and shall be constructed so as not to permit the contents thereof to sift or pass through any opening therein other than the top. The containers shall have a capacity of not more than forty five gallons and shall weigh not more than sixty pounds when placed for collection. Heavy duty plastic sacks specially manufactured for rubbish collection, and trash compactor sacks, may also be used provided they are securely tied, not perforated or split, and the sack and its contents do not weigh more than sixty pounds. B. Containers suitable for automated collection are available in thirty-five (35), sixty-four (64) and ninety-six (96) gallon capacities. C. Containers suitable for manual collection must be able to be emptied into an automated collection cart or into front or rear-end loader vehicles, shall have a capacity of not more than forty-five gallons, and shall weigh not more than sixty pounds when placed for collection. D. Other types of containers are allowed to be used for the following City-approved special events: the twice yearly excess trash collection events; the twice yearly brush clearing events, and during specified weeks within the winter holiday season. ~ E. Any rubbish branches or trimmings not suscepuble to placement that cannot be placed in a container may be placed for collection at the same place and time as the container if it-is they are securely tied in bundles that are not heavier than s00y fifty pounds, not more than four feet in length, Ref and not more than eighteen inches in diameter. CONCLUSION Staff is recommending amendments to Municipal Code Sections , (A)(2), and to shorten time that trash containers may be placed at the curb in residential neighborhoods; to clarify that the public right-of-way means both public and private streets; and to reflect the new automated trash container provided to residents in July FISCAL IMPACTS There are no fiscal impacts related to this code amendment. 4-3

4 ALTERNATIVES In addition to staff's recommendation, below are alternatives for the City Council's consideration: 1. Provide Staff with direction with regards to additional amendment language and direct that the item be brought back on a future City Council Agenda, or 2. Direct Staff not to make any amendments at this time. Attachments: Ordinance No. -- Oetober 15, 2013 Staff report September 17, 2013 memo from Mayor Brooks 4-4

5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE REGARDING TRASH CONTAINERS. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VEDES DOES ORDAIN AS FOLLOWS: Section 1. Section of Chapter 8.20 of Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: No residential householder who receives curbside refuse removal service shall place or permit to be placed any solid waste or solid waste container at the place of collection at the residential premises before four p.m. of the day preceding the scheduled collection or leave any such container at the place of collection after ten p.m. on the day of collection. Section 2. Subparagraph 2 of Paragraph A of Section of Chapter 8.24 of Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: 2. The storage of trash, garbage or refuse cans, bins, boxes or other such containers in front or side yards, which are not substantially screened from view from the public or private street right-of-way, except when placed for collection pursuant to the provisions of this code; Section 3. Section of Chapter 8.20 of Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: A. Every person occupying or in possession of any residential premises in the city shall provide or be provided with sufficient containers to accommodate the amount of solid waste generated by the premises. Residents can subscribe to the appropriate service level by choosing the cart size and (or) number of containers. The containers shall be constructed of hard rubber or rigid plastic, and shall be constructed so as not to permit the contents thereof to sift or pass through any opening therein other than the top. B. Containers suitable for automated collection are available in thirty-five (35), sixtyfour (64) and ninety-six (96) gallon capacities. C. Containers suitable for manual collection must be able to be emptied into an automated collection cart or into front or rear-end loader vehicles, shall have a capacity of not more than forty-five gallons, and shall weigh not more than sixty pounds when placed for collection. 4-5

6 D. Other types of containers are allowed to be used for the following City-approved special events: the twice yearly excess trash collection events; the twice yearly brush clearing events, and during specified weeks within the winter holiday season. E. Any branches or trimmings that cannot be placed in a container may be placed for collection at the same place and time as the container, if they are securely tied in bundles that are not heavier than fifty pounds, not more than four feet in length, and not more than eighteen inches in diameter. PASSED, APPROVED and ADOPTED this Attest: Mayor City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole numbers of the City Council of said City is five; that the foregoing Ordinance No. 511 passed first reading on, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: City Clerk 4-6

7 TO: FROM: DATE: SUBJECT: REVIEWED: CITY OF HONORABLE MAYOR & CITY COUNCIL MEMBERS JOEL ROJAS, COMMUNITY DEVELOPMENT DIRECTOR OCTOBER 15, 2013 CONSIDERATION OF AMENDING THE CITY'S CURRENT REGULATIONS FOR TRASH CONTAINER PLACEMENT CAROLYN LEHR, CITY MANAGER Staff Coordinator: Julie Peterson, Code Enforcement Officer RECOMMENDATION Review the current trash container placement regulations and enforcement procedures and provide direction to staff on whether to amend the current hours that trash containers are allowed to be placed at the curb for collection. BACKGROUND At the September 17, 2013 City Council Study Session, Mayor Brooks presented to the City Council her concerns regarding the placement and pick-up of trash containers in residential neighborhoods in the City (see attached September 17, 2013 memo from Mayor Brooks). Specifically, the Mayor expressed a concern that the current hours that trash containers are allowed to be placed at the curb for pickup are too long, that trash containers are not being put away after collection, and that there are concerns with the screening of trash containers. The City Council agreed to place this item on a future City Council agenda for discussion. The item is now before the Council for consideration. DISCUSSION Current Code Enforcement The City's Code Enforcement Division is responsible for responding to resident's complaints regarding the placement of trash containers, whether it is trash containers not substantially screened from the right-of-way when not at the curb, or trash containers being left at the curb beyond the allowed hours. The relevant regulations for residential trash containers are currently as follows: 4-7

8 Municipal Code Section No residential householder who receives curbside refuse removal service shall place or permit to be placed any solid waste or solid waste container at the place of collection at the residential premises before eight a.m. of the day preceding the scheduled collection or leave any such container at the place of collection after eight p.m. on the day of collection, or more than two hours after actual collection, whichever is later. Municipal Code Section A.2- It is unlawful to have the storage of trash, garbage or refuse cans, bins, boxes or other containers in front or side yards, which are not substantially screened from view from the public right-of-way, except when placed for collection pursuant to the provisions of this code. As of October 1 5 \ sixty one cases have been opened in code enforcement thus far in 2013 as a result of confirmed trash container violations. Approximately 75% of the trash container cases involve issues with trash containers being left at the curb longer than allowed by the City's Ordinance, while about 25% involve issues with how the containers are being stored when not at the curb. Code Enforcement staff has received no complaints regarding trash containers being put out at the curb too early. Once a Code Enforcement Officer confirms a trash container violation, a letter is written to the property owner informing them of the violation and the Municipal Code requirements and a follow-up inspection is made the following week. If the containers are still in violation, a second notice is sent, followed by a third notice if necessary. After the third notice, if the containers are still found to be in violation, an Administrative Citation in the amount of $55 is issued to the property owner. A second citation in the amount of $100 and a third citation, in the amount of $250, may be written to the property owner in the event of continued non-compliance. Since 2008, when the City Council amended the Municipal Code to allow Staff to issue administrative citations, Code Enforcement staff has cited only three property owners for trash container violations. In each of these cases the citation was paid and the property was brought into compliance. Hours Trash Containers Are Allowed To Be Placed At The Curb Currently, Municipal Code Section allows for residential households to place their containers out for collection no earlier than eight a.m. the day preceding the scheduled collection and they must be brought in no later than eight p.m. the day of collection or two house after actual collection, whichever is later. As shown in the table below, it appears that the hours established by the City of Rancho Palos Verdes are in the middle of the range of the total number of hours that trash cans can be placed and remain at the curb when compared to the other South Bay cities that were surveyed by staff. However, the City of Rancho Palos Verdes does allow residents the ability to place trash containers out on the street earlier than the other surveyed cities. Conversely, the City of Rancho Palos Verdes also has the earliest time for trash containers to be taken away from the curb after collection. 4-8

9 Total Hours R~9 h~9 ) 11 :59 p.m. the day preceding collection 11 :59 p.m. the day of collection.beach:? "'' R()IHrigc.} Hill~.~~~.~~~ n < 4:00 p.m. the day preceding collection 10:00 p.m. the day of collection 1 ~ill~j,i:i~!-~~ 8:00 a.m. the day preceding collection 8:00 p.m. the day of collection L~ffi!h~,@\ ] i 4:00 p.m. the day preceding collection 8:00 a.m. the day after collection.h~tm9i~u l3e~~h! :? 5:00 p.m. the day preceding collection 10:00 a.m. the day after collection 24 Hours 30 Hours 36 Hours 40 Hours 41 Hours ~~~~~~;? f 10:00 a.m. the day preceding collection 10:00 a.m. the day after collection 48 Hours Palos Estate$ \teh:1es q, Containers collected from and returned to the storage area by the trash company Containers collected from and returned to the storage area by the trash company As noted earlier, Staff does not receive any complaints involving trash containers being placed at the curb before the allowable hours. This can be expected given the City's allowance for early trash container placement. However, Staff also does not receive complaints about the early allowance or of trash containers staying out all day the day before collection. On the contrary, Staff has heard from residents who work late who are grateful for the opportunity to place their trash containers out on the curb before they go to work as well as residents who have their gardeners place the trash containers out during the day. Notwithstanding, Staff is seeking direction from the City Council on whether the City's current allowable times for trash container placement should be amended. Education Efforts Regardless of whether the City Council agrees to maintain the current hours or modify the hours of when trash containers are allowed on the street, the primary problem appears to be residents not putting trash containers away promptly after trash collection occurs. Staff believes that this problem could be addressed with a combination of better education and increased enforcement. Staff has identified the following actions that could be taken to better educate the public regarding acceptable trash container hours: A reminder of the allowable trash container hours in every City newsletter. Information regarding the hours more prominently displayed on the City's web page. Stickers with the allowable hours placed on trash containers. Notification to residents that there are different sizes of trash containers available from EDCO to help residents downsize to a more manageable size and help with issues of storage and screening. Issue citations after two warnings have been given instead of waiting until after the third warning. ADDITIONAL INFORMATION 4-9

10 Green Waste and Holiday Exceptions Atthe September 17, 2013 Study Session, Councilman Knight asked if there was any type of exception in the container placement hours in regards to green waste containers. He noted that there may be instances where gardeners leave the green waste container at the curb after they have serviced a residential property. Currently there is no exception in the Code for early placement of green waste containers for pick-up. While Staff understands the convenience of having gardeners leave out the green containers whenever they visit a property to perform landscaping, Staff has a concern that exempting green waste containers from the allowable hours of container placement may lead to earlier placement of the other non-green waste containers as well situations where green waste containers may be left on the street indefinitely. Councilman Knight also inquired about holiday hours and trash pick-up. Currently, there are six holidays per year (Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's Day) where if said holiday falls on a week day, the trash pickup is delayed one day. These situations are addressed by the current Code as the allowable placement hours contained in the Code are based on the actual trash collection. Clean-up Code Amendment Beginning in July 1, 2010, new automated carts were provided to the residents for rubbish, recycling, and green waste collection. Municipal Code Section , which discusses the types of containers allowed at residential properties, was not modified at the time the new carts were distributed to reflect the change to automated carts. As such, if the City Council agrees to modify the trash container placement hours, this clean-up code amendment will be addressed at the same time. If the Council decides not to amend the placement hours, this clean-up item will be taken to City Council as a separate item. CONCLUSION In response to the Mayor's concern, the City Council agreed to consider modifications to the City's trash container placement ordinance. As noted, most of the enforcement issues brought to Staff's attention deal with containers left out past the hours allowed by the Code. Staff believes that even if the hours of placement are modified, the problem of residents not putting their trash containers away will remain without a combination of better education and continued code enforcement. Nevertheless, Staff is seeking direction from the Council on whether to modify the existing trash container placement hours. FISCAL IMPACT Implementation of all the improved education actions identified by Staff will result in an increase in Staff time and, in some cases, additional costs (ordering stickers for the trash containers). Staff believes that all said costs could be absorbed by the current Community Development Department and Public Works Department approved budgets. 4-10

11 ALTERNATIVES 1. Take no action to modify the Code, thereby maintaining the current trash container curb placement regulations; or 2. Identify specific amendments that the Council wishes to make to the trash container curb placement regulations and direct Staff to come back with a Draft Ordinance on a future agenda that would enact said changes; or 3. Identify issues that merit further study and direct Staff to come back with additional information at a future agenda; 4. Give other direction to Staff. ATTACHMENTS September 17, 2013 memo from Mayor Brooks Memo from Sharon Yarber 4-11

12 MEMORANDUM CITY OF TO: FROM: DATE: RE: Fellow City Council Members Susan Brooks September 17, 2013 Trash Carts Placement and Pickup Recommendation: Consider amending hours of trash placement and pickup. Add to enforcement with educational materials. Did you know that the Number 1 Code Violation complaint for RPV, concerns violations of our Trash Collection Ordinance (ie: times and days to leave trash cans on the street, screening necessities)? lt 1 s understandable, given that EDCO and the larger trash cans are relatively new to our city. It has come to my attention through constituents, in consultation with staff and via personal observation, that we have a problem with trash carts being left at curbside or without proper screening as defined in our Municipal Code. Many cans, particularly green waste, are actually being 'stored' at curbside by some gardeners. This raises several concerns; among them health, safety and aesthetics. In addition, I believe our current Ordinance Z is outdated. Adopted in 1991, the wording permits cans to be left at curbside for as long as 36 hours Residential refuse containers-time of Placement 4-12

13 Trash Carts Placement and Pickup September 17, 2013 Page 2 of 4 11 No residential householder who receives curbside refuse removal service shall place or permit to be placed any solid waste or solid waste container at the place of collection at the residential premises before eight a.m. of the day preceding the scheduled collection or leave any such container at the place of collection after eight p.m. on the day of collection, or more than two hours after actual collectlon, whichever Is later 11 That's a very long time. When Waste Management was our carrf er, the cans were a smaller size and did not present as much of a nuisance as the very large speaking with EDCO representative, Efrin Ramirez about this concern, he states that cities sometimes create a sticker for placement on carts stating the hours and days of use. They also state any fines which may be applicable if carts remain on the street for prolonged times. I have addressed this matter with staff (Lauren Ramezani and Joel Rojas) about the issue, and their information follows this introduction. Based on staff research of neighboring cities (see chart below) I am requesting that Council consider changing the times to something more reasonable.of all our neighboring Peninsula cities, RPV is the most relaxed. While both Rolling Hills and Palos Verdes Estates have personalized pickup and removal, Rolling Hills Estates has a 4pm placement time or 30 hrs. I suggest we consider bringing forth those same 30 hour time constraints. The stickers can be produced, and either placed on all cans by EDCO, or only the offenders. However, EDCO would not know which carts have been left out because they only come once a week. It would have to be the responsibility of Homeowner's Associations or via Code complaint. I suggest we find out what the new 'norm' is for trash cart placement and pickup, and make any changes deemed appropriate. Secondly, the city would provide stickers for either all cans or only the offenders. While this item could be taken care of in-house, the consideration of a change to the existing ordinance requires Council agendizemerit and approval. See staff information below: Curb Placement Hours of Other Cities 4-13

14 Trash Carts Placement and Pickup September 17, 2013 Page 3 of 4 Staff conducted research of other cities in the South Bay and found that the residential trash container placement hours in surrounding cities varied greatly from 48 hours in Manhattan Beach (10 a.m. the day before collection to 10 a.m. the day after collection) to 24 hours in Redondo Beach (11 :59 pm the day before collection to 11 :59 the day of collection). A summary of the placement hours for the cities surveyed is provided below. Rancho Palos Verdes Manhattan Beach Rolling Hills Estates Lomita Hermosa Beach -- Redondo Beach Palos Verdes Estates Rolling Hills ' 8:00 a.m. the day preceding 8:00 p.m. the day of collection collection J 36 Hours 10:00 a.m. the day 10:00 a.m. the day after preceding collection collection 48 Hours 4:00 p.m. the day preceding 10:00 p.m. the day of collection collection fio Hours 4:00 p.m. the day preceding 8:00 a.m. the day after collection collection '( 40Hours 5:00 p.m. the day preceding 10:00 a.m. the day after collection collection J 41 Hours 11:59 p.m. the day 11:59 p.m. the day of receding collection collection V 24 Hours Containers collected from and returned to the storage area by the trash com any Containers collected from and returned to the storage area by the trash company y's Code Enforcement Division is responsible for responding to complaints regarding trash containers in the City. When code enforcement staff receives a complaint about trash containers being left out at the curb too long or not adequately stored when not in use (trash containers must be substantially screened from view when not at the curb), Staff will go to the site to verify the complaint and if verified, will send the property owner a notice. The notice IQ.forms the resident of the hours trash containers can be placed at the curb for pickmup ancl now the containers are to be stored when not out for pick~up. Once a notice has been sent to the homeowner, code enforcement staff will do a follow up inspection the following week. If the property is not in compliance, a second notice is sent, as is a third notice if necessary. Following the third notice, administrative citations are issued. Beginning in 2008, when the Ordinance allowing administrative penalties was approved by the City Council, Code Enforcement staff has written only two Administrative Citations to property owners for trash container violations as most compliance occurs after receiving City notices. Cu rre nt RP v En for ce me nt Pr oc ed ur e Th e Cit 4-14

15 Trash Carts Placement and Pickup September 17, 2013 Page 4of4 Trash Container Related Complaints A~ of September 1st, code enforcement staff had opened 53 code enforcement cases thus far in 2013 related to trash container violations. Trash container violations are the most frequently received complaints from residents. Approximately 75% of the trash container complaints involve issues with trash containers being placed at the curb for too long a time and 25% involve issues with how trash cans are being stored when not at the curb. With regards to the complaints involving trash containers at the curb for too long a time, all of them involve trash cans being left too long at the curb after collection as opposed to too early before collection. 4-15

16 l;rom: Sent: To: Subject: sharon yarber Sunday, October 13, :43 PM cc Trash containers Dear Council Members, I support the idea of revising the hours that trash containers can be left curbside; however, contrary to the statistics disclosed by the staff report, I have personally found the problem to be that trash cans are placed curbside way too early before pick up. I have not observed a problem with late removal. People should be allowed to keep their trash cans out late on the day of pick up. I work downtown LA and often do not get home until 9:00 or later in the evening because of work obligations, together with all of the meetings I attend immediately following work - including meetings of the RPV Council and PC. Often I am not home until after 9:00 P.M. on the' evening of trash days. I usually put my cans out the morning of pick up or late the evening before. My concern is people putting their trash out two days or more before pick up. My recommendation is that cans be put out not earlier than 7:00 P.M. the night before pick up and that removal must be accomplished by midnight the day of pick up. I also think that information should be more broadly disseminated about the additional service that is available, at additional cost of course, to have bins taken by the hauler from their concealed location, dumped and returned,hereto by the hauler. I have some elderly neighbors who avail themselves of this additional service and more people might do the same if information and pricing were more readily available. Also, this service should be available on an "as needed" basis so that if someone is going to be out of town on a particular trash day, the hauler can retrieve and return the cans so that none are placed out too early or removed too late, and no neighbor has to be imposed upon, or no one has to be hired, to put your cans out while you are out of town. At the end of the day, however, we are not addressing the genesis of the problem, and that is the current contract with the current hauler. Cans should not be placed in the street to begin with and we should look at having a different hauler who will service us twice a week and where trash cans are not placed in the street right of way, impeding parking and mail delivery. Let's look into the cost of the PVE hauler. Then we would have a far lovelier city on trash day(s). Sharon Yarber