HomeMy WebLinkAbout1JCITY COUNCIL STAFF REPORT
DATE: April 8, 2021 CONSENT AGENDA
SUBJECT: RESOLUTION TO AMEND MASTER BAIL SCHEDULE TO SET FINE
AMOUNTS FOR VIOLATIONS OF PALM SPRINGS MUNICIPAL CODE
6.04.290 -COMMERCIAL SOLID WASTE AND ORGANIC WASTE
RECYCLING FOR BUSINESSES AND MULTI-FAMILY DWELLINGS
FROM: David H. Ready, City Manager
BY: Department of Development Services, Office of Sustainability
SUMMARY:
On November 12, 2020 the City Council adopted Ordinance No. 2034 amending Chapter
6.04 of the Palm Springs Municipal Code to add a mandatory commercial solid waste and
organic waste recycling requirement for certain businesses and multiple-family residential
dwellings consistent with State laws. Ordinance No. 2034 identified fines for violations of
the state mandated recycling requirements. This item allows City Council to adopt a
Resolution to amend the City's Master Bail Schedule to implement the fines for any
violations of Palm Springs Municipal Code Section 6.04.290.
RECOMMENDATION:
Adopt Resolution No. __ , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE MASTER BAIL SCHEDULE FOR
VIOLATIONS OF PALM SPRINGS MUNICIPAL CODE SECTION 6.04.290."
BACKGROUND:
On October 22, 2020, City Council approved the introduction of Ordinance No. 2034 to
modify Chapter 6.04 of the Palm Springs Municipal Code (PSMC), which regulates waste
disposal and diversion. Specifically, Ordinance No. 2034 added Section 6.04.290 to the
PSMC to implement mandatory solid waste and organics recycling requirements for
commercial businesses, including multi-family residential complexes with 5 or more units,
consistent with current state laws. A copy of the October 22, 2020 staff report is included
as Attachment 1. Ordinance No. 2034 was adopted at the November 12, 2020 meeting.
fl'EMNO. \ "3
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City Council Staff Report
April 8, 2021 --Page 2
Resolution for Commercial Recycling Fines
The enforcement provisions Section 6.04.290 of the PSMC provides 60 days for
businesses to come into compliance after they re9eived an initial violation notice. Failure
to comply after the 60-day grace period can result in further violations and imposition of
fines as follows:
1 st violation:
2nd violation:
3rd violation:
Misdemeanor:
STAFF ANALYSIS:
$100
$200
$ 500
$1,000
As with any code enforcement, the City's efforts will initiate with education and voluntary
compliance prior to issuing citations levying fines. However, given the State's recent
efforts to obtain full compliance by cities and Counties, it is important to demonstrate the
abitity to force compliance after all education and voluntary measures have failed.
Staff recommends the City Council adopt the proposed Resolution amending the City's
Master Bail Schedule to identify fines for violations of Section 6.04.290 of the PSMC. A
copy of the Resolution is included as Attachment 2.
ENVIRONMENTAL ASSESSMENT:
Adoption of the Resolution is not subject to the California Environmental Quality Act
("CEQA") pursuant to CEQA Guidelines sections 15060(c)(2) and (c)(3) because it has
no potential of creating a direct physical change in the environment, qr a reasonably
foreseeable indirect physical change in the environment.
FISCAL IMPACT:
Nominal impact through additional code enforcement efforts to educate and obtain
voluntary compliance with the new regulations. Any increased costs may be offset by
fines collected for violations issued after education and voluntary compliance measures
fail to obtain the required compliance.
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City Council Staff Report
April 8, 2021 --Page 3
Resolution for Commercial Recycling Fines
SUBMITTED BY:
Attachments:
1. October 22, 2020 staff report
2. Resolution
Flinn Fagg, AICP
Director, Development Services
City Attorney
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ATTACHMENT 1
4
CITY COUNCIL STAFF REPOR·T
DATE: October 22, 2020 LEGISLATIVE
SUBJECT: PROPOSED ORDINANCE ESTABLISHING A MANDATORY
FROM:
BY:
SUMMARY:
COMMERCIAL SOLID WASTE AND ORGANIC WASTE RECYCLING
REQUIREMENT FOR CERTAIN BUSINESSES AND MULTIPLE-FAMILY
RESIDENTIAL DWELLINGS
David H. Ready, City Manager
Department of Development Services, Office of Sustainability
The City Council will consider introducing for adoption an Ordinance amending Chapter
6.04 of the Palm Springs Municipal Code to add a mandatory commercial solid ~aste and
organic waste recycling requirement for certain businesses and multiple-family residential
dwellings consistent and in compliance with state laws passed to further the City's
requirements to enforce recycling measures and meet the State's goals. A draft resolution
is prepared for adoption upon second reading of the Ordin~nce that will amend thE;) m~ster
bail schedule to set criminal fine amounts for violation of the proposed Ordinance.
It is important to note that the proposed Ordinance does not add new recycling
requirements for commercial businesses or multiple-family residential dwellings as these
requirements were previously imposed by the State; rather, the Ordinance implements
the mandatory requirements that have been imposed by the State allowing for its
enforcement by the City.
RECOMMENDATION:
Waive the first reading of the ordinance text in its entirety and introduce Ordinance
No. __ ~ "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 6.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING
TO MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE
RECYCLING."
natNO. 3f/
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City Council Staff Report
October 22, 2020 --Page 2
Introduction of Ordinance Amendi17g PSMC 6.04
Mandatory Recycling Requirements
BACKGROUND:
State Laws
The California lntegrateq Waste Management Act of 1989, which is administered by the
Department of Resources Recycling and Recovery (CalRecycle), required that local
jurisdictions divert from landfill disposal a minimum of 50% of all waste generated within
the jurisdiction through source reduction, recycling and composting programs.
In 2011, the State enacted Assembly Bill ("AB") 341, which set a policy goal that not less
than 75% of solid waste generated in California be diverted from landfills by the year
2020. In order to reach that goal, AB 341 set mandatory recycling requirements for certain
businesses, and requires that local jurisdictions implement a recycling program to ensure
compliance.
AB 341 requires businesses that generate four cubic yards or more of commercial solid
waste per week and multiple-family residential dwellings consisting of five or more units
subscribe to a basic level of recycling collection services or take other efforts that ·would
achieve similar results.
AB 341 requires each jurisdiction implement a commercial solid waste recycling
program, directed at businesses and multiple-famiJy residential dwellings, to divert
commercial solid waste from landfills. This program may include, but is not limited to,
any of the following:
(1) implementing a mandatory commercial solid waste recycling policy or ordinance;
(2) requiring a mandatory commercial solid waste recycling program through a franchise
contract or agreement; or
(3) requiring all commercial solid waste to go through either a source-separated or
mixed-processing system that diverts material from disposal.
A jurisdiction's commercial solid waste recycling program must include outreach to
businesses consisting of education and monitoring. ·
In 2014, the State enacted AB 1826, which contained mandatory provisions identical to
that of AB 341, but was aimed at organic waste. As of September 2020, the law has a
lower threshold trigger compared to AB 341 -requiring that a business implement an
organics recycling program if it generates two cubic yards or more of commercial solid
waste per week instead of the four cubic yard threshold under AB 341.
In 2019, the State enacted AB 827, which requires businesses who are subject to AB 341
and AB 1826, and provide customers access to the business, to provide -as of July 1,
2020 ~ containers that can be used by customers to collect commercial and organic
recyclable materials resulting from purchases made on the premises for immediate
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City Council Staff Report
October 22, 2020 --Page 3
Introduction of Ordinance Amending PSMC 6.04
Mandatory Recycling Requirements
consumption. While this law took effect July 1, 2020, it has had limited impact due to the
COVID-19 restrictions on in-house dining.
The State conducts periodic reviews of the City's compliance with these requirements
and can impose fines of up to $10,000 per day for the City's failure to enforce the
provisions of the State's laws related to recycling.
The City's Current Recycling Program
The City is committed to compliance with the requirements of the Integrated Waste
Management Act of 1989, and AB 341, 1826, and 827. In fact, the City has set a goal -
in excess of the State's 75% waste diversion goal -that no less than 90% of solid waste
materials generated within its boundaries be diverted from landfills.
Palm Springs Disposal Service ("PSDS") is the City's contracted franchise solid waste
hauler and readily provides commercial solid waste and organic waste recycling services
to businesses within the City. However, a business must first subscribe to PSDS for the
service. For commercial solid waste, PSDS provides once a week recycling collection
services at no additional charge to customers. However, organic waste recycling services
do_ require an additional charge due to the costs incurred by PSDS for collecting and
transporting this third waste-stream.
Over several years, Staff has coordinated with PSDS to educate businesses about the
State's mandatory recycling requirements and to help facilitate compliance. One method
the City uses is sending annual compliance letters to all businesses subject to the law.
Last year, the City updated its compliance letter to notify businesses that the City
expected to adopt an Ordinance to codify the state's recycling requirements, which could
lead to fines for non-compliance. This effort generated better compliance through more
businesses contacting PSDS to verify their compliance status or subscribe for recycling
services.
Last year Staff also personally visited non-compliant businesses to discuss program
requirements, review site operations, provide recommendations, and reiterate the need
for businesses to either comply or explain why they could not comply so that their status
was documented.
Though compliance with the law has gradually increased over the _years, there is still room
for improvement. The compliance rate for AB 341 (recycling) is about 90%, while AB 1826
(organics) compliance is about 40%. About 450 businesses are subject to AB 341 and
about 500 are subject to AB 1826. ·
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City Council Staff Report
October 22, 2020 --Page 4
Introduction of Ordinance Amending PSMC 6.04
Mandatory Recycling Requirements
STAFF ANALYSIS:
Chapter 6.04 of the Palm Springs Municipal Code regulates -Waste Disposal and
Diversion. Chapter 6.04 was substantively adopted in 1993 to comply with the
requirements of California Integrated Waste Management Act of 1989, and was last
amended in 2013 to incorporate provisions from the franchise approved by the City
Council with PSDS at that time.
Chapter 6.04 does not mandate solid waste recycling, and is silent regarding organics
recycling. In order to ensure the City is compliant with State law, an amendment to
Chapter 6.04 is necessary to reflect the mandatory requirements for solid waste and
organics recycling.
The proposed Ordinance is included as Attachm ent A, and sets forth the minimum
requirements under State law. Although State law allows the City to set stricter
requirements, the proposed Ordinance .sets these requirements consistent with State law.
The State continues to pass new laws and implement new regulations enforcing recycling
throughout the State, including new organics recycling regulations related to Senate Bill
1383 to be finalized later this year. Knowing this fact, Staff will be required to introduce a
future Ordinance to implement these additio_nal requirements once finalized by the State.
The proposed Ordinance is applicable to the following entities related to solid waste
recycling:
• A commercial business that generates four cubic yards or more of commercial solid
waste per week; or
• Multiple-family residential dwellings consisting of five or more units
The proposed Ordinance implements the following mandatory requirements related to
solid waste recycling (which have thus far been implemented by the City and PSDS
through education and voluntary compliance):
• Subscribe to commercial solid waste recycling services through the City's authorized
waste collection contractor;
• Maintain recycling containers on their premises that are to be provided by the waste
collection contractor; and
• Source separate comme~cial recyclable materials from waste.
The proposed Ordinance is applicable to the following entities related to organics waste
recycling:
• A commercial business that generates two cubic yards or more of commercial solid
waste per week; or
•· Multiple-family residential dwelling~ consisting of five or more units
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City Council Staff Report
October 22, 2020 --Page 5
Introduction of Ordinance Amending PSMC 6.04
Mandatory Recycling Requirements
The proposed Ordinance implements the following mandatory requirements related to
organics waste recycling (which have thus far been implemented by the City and PSDS
through education and voluntary compliance):
• Subscribe to commercial organics waste recycling services through the City's
authorized waste collection contractor;
• Maintain recycling containers on their premises that are to be provided by the waste
collection contractor; and
• Source separate organics· recyclable materials from waste 1
The proposed Ordinance will allow commercial businesses to self-haul commercial and
organics recyclable materials to a legally permitted recycling facility in lieu of subscribing
to PSDS for such service.
The proposed Ordinance also includes exemptions for situations where space is limited
or where quantities of materials generated are very small.
The enforcement provisions in the Ordinance allow 60 days for businesses to come into
compliance after an initial notice. A draft Resolution amending the City's Bail Schedule to
implement fines for violations of the mandatory recycling provisions is included as
Attac hment 8 . The proposed fines for violations of the proposed Ordinance would be
established as follows:
1st violation:
2nd violation:
3rd violation:
Misdemeanor:
$ 100
$ 200
$ 500
$1,000
The Resolution is necessary to implement these fines for failure to comply, and as with
any code enforcement the City's efforts will initiate with education and voluntary
compliance prior to issuing citations levying fines on those that fail to comply after
repeated efforts to obtain compliance. However, given the State's recent efforts to obtain
compliance by cities and Counties, it is important the City adopts these fines as a tool to
ensure compliance.
Adoption of the draft Resolution will be included with the City Council's consideration of
the second reading and adoption of the proposed Ordinance.
1 Currently, State law exempts multiple-family residential units subject to organics waste recycling from
diverting "food waste", and currently mandates recycling of "green waste". The proposed Ordinance follows
this current exemption for' diversion of food waste.
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City Council Staff Report
October 22, 2020 --Page 6
Introduction of Ordinance Amending PSMC 6.04
Mandatory Recycling Requirements
ENVIRONMENTAL ASSESSMENT:
The proposed Ordinance will likely result in positive environmental benefits. Promoting
increased recycling and composting of organics will prevent materials from going to
landfills and will result in reduced greenhouse gas emissions. Thus, it contributes to the
City's sustainability goals related to waste diversion and greenhouse gas reductions.
Staff finds that the adoption of this Ordinance is not a "project" under California
Environmental Quality Act ("CEQA") Guidelines section 15060(c)(2) and (c)(3)_ because
there is no potential that adoption of the Ordinance will result in either a direct physic~!
change or reasonably foreseeable indirect change in the environment. In the alternative,
even assuming the adoption of the Ordinance is a "project" within the meaning of CEQA,
the Ordinance is nonetheless exempt from CEQA review pursuant to CEQA Guidelines
sections 15307 (Class 7 exemption) and 15308 (Class 8 exemption).
Classes 7 and 8 apply to actions taken by regulatory agencies, as authorized by state law
or local ordinance, to assure the maintenance, restoration or enhancement of natural
resources, and for the protection of the environment. Here, the City is authorized pursuant
to Public Resources Code sections 42649.3 and 42649.82 to adopt the proposed
Ordinance requiring businesses and multiple-family residential dwellings_ to subscribe to
commercial solid waste and organic waste recycling services to reduce greenhouse gas
emissions, save energy, and reduce the need to extract raw materials for production.
Further, none of the exceptions to the exemptions under CEQA Guidelines section
15300.2 apply because adoption of the proposed Ordinance will not result in a cumulative
impact from successive projects of the same type, and in the same place, over time; there
is no reasonable possibility that adoption of the proposed Ordinance will have a significant
effect due to unusual circumstances; adoption of the proposed Ordinance will not result
in any damage to scenic resources, including but not limited to trees, historic buildings,
rock outcroppings or similar resources within a highway officially designated as a state
scenic highway; adoption of the proposed Ordinance will not affect a hazardous waste
site or any other site included on a list compiled pursuant to Government Code Section
65962.5; and adoption of the proposed Ordinance will not cause a substantial adverse
change to the significance of any historical resource.
Accordingly, Classes 7 and 8 would independently exempt adoption of the proposed
Ordinance from CEQA.
FISCAL IMPACT:
The fiscal impact to businesses will vary depending on the type of new service required.
Basic solid waste recycling service is provided as part of commercial trash collection
services; high-volume generators would incur additional fees for additional recycling
collections and containers. For example, an additional 3 cubic yard recycling dumpster is
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<..:..
City Council Staff Report
October 22, 2020 --Page 7
Introduction of Ordinance Amending PSMC 6.04
Mandatory Recycling Requirements
$52.55 per month. An additional small cart similar to residential curbside carts is only
$5.94 per month.
Restaurants that generate food waste will be required to subscribe to PSDS for organics
waste collection service. The number of collections per week and the size of containers
will vary based on the quantity that each restaurant generates. PSDS charges $66.15 per
month for a 32-gallon container for once per week service. Each additional 32-gallon
container is charged an additional $36.26 per month.
Green waste bins (for landscape waste) are already available to businesses at an
additional cost. However, businesses that generate landscape waste typically arrange for
their landscape company to take these materials to a composting facility. Those that do
not may incur additional landscape disposal fees either through PSDS or through their
landscape company.
By participating in recycling and organic waste recycling, some waste generators may be
able to reduce the number of trash collections or resize trash containers thereby
mitigating the cost impact of non-organic and organic waste recycling.
SUBMITTED BY:
Marcus L. Fuller, PA, P.E., P.L.S.
Assistant City Manager
-;>-)_;::? ~ . . -~
David H. Readyiq~
City Manager
Attachments:
A. Proposed Ordinance
B. Draft Resolution to Update Bail Schedule
Flin Fagg, AICP ·
Director, Development Services
City Attorney
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ATTACHMENT 2
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RESOLUTION NO. __ _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE MASTER
BAIL SCHEDULE FOR VIOLATIONS OF PALM SPRINGS
MUNICIPAL CODE SECTION 6.04.290 .
. THE CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, on November 12, 2020 the City Council adopted Ordinance No. 2034
amending Title 6 of the Palm Springs Municipal Code ("PSMC") to add Chapter 6.04.290,
which established a mandatory commercial solid waste and organic waste recycling
requirement for certain businesses and multiple-family residential dwellings; and
WHEREAS, Government Code sections 36900 and 36901 permit the City to make
violations of the PSMC punishable by criminal fines; and
WHEREAS, the City maintains a Master Bail Schedule setting forth the monetary
fine amounts for violations of the PSMC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City's Master Bail Schedule is to be amended by adding the
following provision:
PSMC 6.04.290 Commercial Solid Infraction
Waste and Organic 1st in 365 days 100.00 Waste Recycling for
Businesses and Multi-2nd in 365 days 200.00
Family Residential 3rd or more in 365 days 500.00
Dwellings
Misdemeanor 1,000.00
SECTION 2. The City Clerk is hereby authorized and directed to amend the City's
Master Bail Schedule as provided in Section 1 of this Resolution.
SECTION 3. The amended Master Bail Schedule is to become effective
immediately.
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Resolution No. ___ _
Page 2
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS
THIS 8TH DAY OF APRIL, 2021.
ATTEST:
ANTONY J. MEJIA, MMC
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
JUSTIN CLIFTON
CITY MANAGER
CERTIFICATION
ss.
I, ANTHONY J. MEJIA, City Clerk, hereby certify that Resolution No. __ is a
full, true and correct copy, and adopted at a regular meeting of the City Council held on
the 8th day of April, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
ADOPTED THIS __ TH DAY OF ________ _
ANTHONY J. MEJIA, MMC
CITY CLERK
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