HomeMy WebLinkAbout28 - OB-2 - Second Reading Amending Article 1 Ch. IV - 1/2/20181
CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 2, 2018 ITEM NUMBER: OB-2
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING ARTICLE 1 (SOLID
WASTE COLLECTION) OF CHAPTER IV (GARBAGE, RUBBISH AND WEEDS) OF TITLE
8 (HEALTH AND SANITATION) OF THE COSTA MESA MUNICIPAL CODE TO MEET NEW
STATE MONITORING AND REPORTING REGULATIONS
DATE: DECEMBER 14, 2017
FROM: PUBLIC SERVICES DEPARTMENT / ADMINISTRATION DIVISION
PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: AMBER HASTON, MANAGEMENT ANALYST, (714)
754-5024
RECOMMENDATION:
Give second reading to and adopt Ordinance No. 18-01 (Attachment 1), to be read by title
only, and further reading waived, amending Article 1 (Solid Waste Collection) of Chapter IV
(Garbage, Rubbish, and Weeds) of Title 8 (Health and Sanitation) of the Costa Mesa
Municipal Code.
BACKGROUND:
At the December 5, 2017 City Council meeting, the City Council introduced and gave the
first reading to Ordinance No. 18-01, amending provisions of the Municipal Code relating to
waste hauling, and adopted Resolution No. 17-77, establishing fees in connection with
waste hauling. The City Council directed that staff modify Ordinance No. 18-01 to remove
language in the proposed ordinance that permitted bin confiscation from private property.
The requested changes are incorporated into the attached revised Ordinance No. 18-01 and
reflected in redline in Attachment 2.
The Agenda Report presented by staff at the December 5, 2017 City Council meeting is
included as Attachment 3.
ANALYSIS:
The revisions requested by City Council relate to the bin confiscation procedure that will
be adopted through the proposed ordinance. Council directed that the ordinance be
revised to limit bin confiscation to bins placed illegally in the public right-of-way. The
revised Ordinance addresses this request.
ALTERNATIVES CONSIDERED:
At the December 5, 2017 City Council meeting, Council Member Foley requested that
staff evaluate an alternative approach to enforcing bin confiscation through the use of City
staff resources, such as Code Enforcement Officers, and contracting with a third party for
the limited purpose of impounding the illegal bins. Public Services staff, in consultation
2
with the Code Enforcement Division and the Police Department, evaluated this alternative
and concluded it is not feasible with current resources and staff levels. The Code
Enforcement Division’s scope does not include the enforcement of code violations in the
public right-of-way. While the Police Department’s scope does allow for enforcement of
code violations in the public right-of-way, the enforcement of illegal bin placement adds a
new functional responsibility to their activities. Public Services, which also has the
authority to enforce code violations in the public right-of-way, also does not have
adequate staffing to undertake illegal bin enforcement activities. Consequently, the
proposed alternative is not feasible at this time.
Please note that the Request for Proposals (RFP) and subsequent contract for the illegal
bin confiscation services will outline the process and procedure on communication and
verification by City staff of potentially illegal bins prior to confiscation. This process will
provide City oversight and ensure the contracted hauler does not confiscate anything
beyond that which the contracted hauler is permitted to confiscate. Accordingly, staff
recommends moving forward with the proposed ordinance in its current form.
FISCAL REVIEW:
The proposed changes to the Municipal Code, including the elimination of the B-Tier
franchise and establishing a Contractor Self-Haul Permit, are revenue neutral. The proposed
revisions were reviewed and approved by the Finance and Pension Advisory Committee on
November 8, 2017.
LEGAL REVIEW:
The City Attorney’s Office has reviewed and approved the proposed ordinance as to form.
CONCLUSION:
At the December 5, 2017 City Council meeting, City Council gave first reading to
Ordinance No. 18-01, and directed staff to make revisions relating to the bin confiscation
procedure. The revisions are incorporated into the attached ordinance. Staff is requesting
that City Council give second reading to and adopt Ordinance No. 18-01.
AMBER HASTON RAJA SETHURAMAN
Management Analyst Public Services Director
ATTACHMENTS: 1.
2.
3.
Proposed Ordinance No. 18-01 Redline
Version of the Ordinance Agenda
Report from December 5, 2017
DISTRIBUTION: City Manager
Assistant City Manager
City Attorney
Finance Director
Building Official
City Clerk
Staff