HomeMy WebLinkAbout9/4/2013 - STAFF REPORTS - 2.E. PALM$,*
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City Council Staff Report
DATE: September 4, 2013 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1825,
GRANTING AN EXCLUSIVE SOLID WASTE MANAGEMENT SERVICES
FRANCHISE TO PALM SPRINGS DISPOSAL SERVICES AND
ORDINANCE NO. 1826, AMENDING THE PALM SPRINGS MUNICIPAL
CODE REGARDING WASTE DISPOSAL SERVICES
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance Nos. 1825 and 1826.
RECOMMENDATION:
1. Waive the reading of the full text of the ordinance and adopt Ordinance No. 1825,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING
AN EXCLUSIVE SOLID WASTE MANAGEMENT SERVICES FRANCHISE TO
PALM SPRINGS DISPOSAL SERVICES, A CALIFORNIA CORPORATION."
2. Waive the reading of the full text of the ordinance and adopt Ordinance No. 1826,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SECTIONS 6.04.075, 6.04.076, AND 6.04.100 TO, AND AMENDING SECTIONS
6.04.010, 6.04.020, 6.040.40, AND 6.04.234 OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO SOLID WASTE DISPOSAL SERVICES."
STAFF ANALYSIS:
On July 3, 2013, Ordinance Nos. 1825 and 1826 were introduced for first reading as
follows:
ACTION: 1) Waive the reading of the full text and introduce Ordinance No. 1825, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, GRANTING AN
EXCLUSIVE SOLID WASTE MANAGEMENT SERVICES FRANCHISE TO PALM
SPRINGS DISPOSAL SERVICES, A CALIFORNIA CORPORATION;" and 2) Waive the
reading of the full text and introduce Ordinance No. 1826, "AN ORDINANCE OF THE
Item No. 2 . E .
ADOPTION OF ORDINANCE NOS. 1825 AND 1826
September 4, 2013
Page 2 of 2
CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTIONS 6.04.075, 6.04.076,
AND 6.04.100 TO, AND AMENDING SECTIONS 6.04.010, 6.04.020, 6.040.40, AND
6.04.234 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO SOLID WASTE
DISPOSAL SERVICES."
Motion Mayor Pro Tom Mills, seconded by Councilmember Foat, and unanimously
carried on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None.
This report provides for the City Council to waive further reading and adopt the
ordinances. The ordinances shall be effective 30-days from adoption.
mes Thompson David H. Ready, D.
City Clerk City Manager
/kdh
Attachment: Ordinance No. 1825
Ordinance No. 1826
02
ORDINANCE NO. 1825
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
GRANTING AN EXCLUSIVE SOLID WASTE MANAGEMENT SERVICES
FRANCHISE TO PALM SPRINGS DISPOSAL SERVICES, A CALIFORNIA
CORPORATION
City Attorney Summary
The City Charter and the City's Municipal Code provides the City Council with
the authority to decide the level of solid waste services to be provided to the City
and whether such services are to be provided by means of nonexclusive,
partially exclusive, or wholly exclusive franchise, contract, or license granted
pursuant to such terms and conditions as prescribed by the City Council. This
Ordinance grants an exclusive franchise to Palm Springs Disposal Services to
provide collection, transfer, and disposal of solid waste and related services,
including without limitation, source reduction, recycling, and composting
activities. The franchise is for a term of 15 years, commencing on April 1, 2014.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The City is responsible for providing solid waste management services to its
citizens, including source reduction, recycling, composting activities and the collection, transfer
and disposal of solid waste within the City boundaries, in a manner consistent with state laws.
B. The City Council has determined that the provision of solid waste management
services by providing an exclusive franchise and agreement to a solid waste enterprise will
best provide and maintain reasonable rates for collection, transportation, recycling,
composting, and disposal of solid waste, recyclables, and compostable material generated
within the City.
C. Palm Springs Disposal Services("PSDS"), a California Corporation, has provided
superior and reasonably priced solid waste collection and disposal services for the City of
Palm Springs and its residents for several years and is qualified and competent to perform the
solid waste management services desired by the City.
D. It is the desire of the City and PSDS to modify the residential service to one-day
a week service with an appropriate reduction in service fees and to enhance recycling and
waste diversion efforts in the City to ensure the City can reasonably attain its goals and
requirements under state law.
E. On July 3, 2013, the City Council held a public hearing to consider the grant of
an exclusive solid waste management services franchise to PSDS and to hear all persons
desiring to be heard on the grant of such franchise.
F. Having considered all oral and documentary evidence presented on the matterof
granting such franchise, the City Council has determined that the of an exclusive solid waste
management services franchise to PSDS is in the public interest.
03
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
Section 1. The City Council grants an Exclusive Solid Waste Management Services
Franchise to Palm Springs Disposal Services, a California Corporation. PSDS is authorized to
engage in the business of collecting, transporting, and disposing of solid waste and recyclable
materials kept, accumulated, or produced in the City of Palm Springs and to use the public
streets and rights of way for such purpose.
Section 2. The grant of this Exclusive Solid Waste Management Services Franchise
is expressly subject to the terms and conditions of the City Charter, Chapter 6.05 of the Palm
Springs Municipal Code, this Ordinance, and the Agreement between the City and PSDS for
Solid Waste Management Services("Franchise Agreement")as such now exists oras may be
amended from time to time.
Section 3. The Franchise Agreement shall be for a term of fifteen (15) years,
commencing on April 1, 2014 and ending on March 30, 2029.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof,to be published
and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30)
days after passage.
PASSED AND ADOPTED at a regular meeting of the City Council on the _ day of
2013, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Stephen P. Pougnet
Mayor
ATTEST:
James Thompson
City Clerk
04
ORDINANCE NO. 1826
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTIONS 6.04.075, 6.04.076,
AND 6.04.100 TO, AND AMENDING SECTIONS 6.04.010,
6.04.020, 6.040.40, AND 6.04.234 OF, THE PALM
SPRINGS MUNICIPAL CODE RELATING TO SOLID
WASTE DISPOSAL SERVICES.
CityAttorney's Summary
This Ordinance amends certain provisions of the City's
waste disposal ordinance to conform to the new and
additional services and related equipment that will be
provided in conjunction with a new franchise agreement for
solid waste services in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 6.04.010 of the Palm Springs Municipal Code is amended by
adding the term "Container" and amending the term "Municipal solid waste" to read:
"Container" means a cart, can, commercial bin, debris box, or stationary
compactor intended for the purpose of depositing waste for disposal, except
construction and demolition debris and bulky items, or recyclable materials for diversion.
Containers may be provided by City or its authorized agent, or for manual collection as
may be required to be provided by the property owner or occupant generating waste or
recyclables.
"Municipal solid waste" means all solid wastes generated by residential,
commercial and industrial sources, and all solid waste generated at construction and
demolition sites, and at treatment works for water and wastewater, which are collected
and transported under authorization of the city or are self-hauled. Municipal solid waste
does not include agricultural crop residues, mining waste and fuel extraction waste,
forestry wastes, ash from industrial oilers, furnaces and incinerators, infectious waste,
or hazardous waste.
SECTION 2. Section 6.040.020 of the Palm Springs Municipal Code is amended to
read:
6.04.020 Containers—Provision required—Adequacy.
It is the duty of every person in possession, charge, or control of any premises within
the City, in or from which waste is produced, generated or accumulated, to provide, and
at all times to keep in a suitable place readily accessible to the waste or recyclable
material collector, containers capable of holding without spilling all materials which
05
Ordinance No.
Page 2
would ordinarily accumulate on such premises between the times of two successive
collections. No containers shall be located within locked gates or doors or in a fenced or
enclosed area used to restrain animals at the time of collection. The containers shall be
filled no more than level full and shall be kept covered. When amounts of waste exceed
the capacity of the container, it shall be the duty of the property owner or the person
responsible for disposal of waste generated at the premises to arrange for removal of
such excess waste by the City or its authorized representative.
SECTION 3. Section 6.040.40 of the Palm Springs Municipal Code is amended to read:
6.04.040 Containers—Domestic—Specifications.
All domestic waste containers shall be constructed of metal or plastic, equipped
with suitable handles and tight-fitting covers, watertight, have a capacity of not less than
ten gallons and not more than thirty-two gallons, and have a total loaded weight of not
more than fifty pounds at the time of collection. In the event the City or its authorized
agent provides carts for waste and recyclable materials for use in its collection system,
domestic premises and commercial premises that receive individual collection from
carts shall utilize the carts so provided by separating waste and recyclable materials.
SECTION 4. Section 6.04.075 is added to the Palm Springs Municipal Code to read:
6.04.075 Debris Boxes.
Debris boxes shall be of welded steel construction suitable for storage of construction
and demolition debris, yard waste, and bulky items, and shall be equipped to be hauled
by a roll-off type of refuse truck designed for that purpose. Debris boxes shall be filled
more than level full and shall not exceed eleven tons at the time of collection.
SECTION 5. Section 6.04.076 is added to the Palm Springs Municipal Code to read:
6.04.076 Stationary Compactor.
Stationary compactors shall be of welded steel construction, fully enclosed with
detachable compaction units suitable for storage of waste, except construction and
demolition debris and bulky items, and shall be equipped to be hauled by a roll-off type
refuse truck designed for that purpose. Stationary compactors shall not exceed eleven
tons at the time of collection.
SECTION 6. Section 6.04.100 is added to the Palm Springs Municipal Code to read:
6.04.100 Construction and Demolition Debris.
Waste resulting from demolition, remodeling, refurbishing, landscaping, or construction
at any premises shall not be deposited in containers designed or otherwise intended for
domestic or commercial waste.
06
Ordinance No.
Page 3
SECTION 7. Section 6.04.234 of the Palm Springs Municipal Code is amended to read:
6.04.234 Unauthorized collectors.
At such times as there is in force a contract entered into by the city with any
contractor for the collection and disposal of waste and recyclable materials of the city
and its inhabitants, it is unlawful for any person other than the contractor, or its agents
and employees, to collect any waste or recyclable materials for hire within the city. This
section shall not, however, be deemed to prohibit any person performing gardening or
landscape services, and who possesses an appropriate business license for such
activity, from carrying away leaves and the like, generated by the gardening or
landscape services performed.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED AND ADOPTED THIS DAY OF 2013.
AYES:
NOES:
ABSTAIN:
ABSENT:
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
07
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-45781 Fax 760-7784731
State Of California ss:
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000378702
ttw
No 1720
ORDINANCE NO.: CITY OF PALM
I am over the age of 18 years old, a ciflzen of the United AN ORDINANCE OF THE CI
SPRINGS, CALIFORNIA. GRANTING AN EX-
States and not a party to, or have interest in this matter. I CLUSIVE SOLID WASTE MANAGEMENT SERV-
hereby certify that the attached advertisement appeared ICES F TO RANCHISE
RPRPOS-
pACALIRNIA ALM SPRINGS
in said newspaper (set in type not smaller than non panel) Nryry �wmsv gumm�v
in each and entire issue of said newspaper and not in any The City ChsrleAr and the CiN'e Munidpal Code
the authority to cle,
supplement thereof on the following dates,to wit: dde the level of Wty ild w lade wrvivices.to be p=ld
ad ro the City and wnethar such a0mim are to be
by
Newspaper: .The Desert Sun c�iveporwholllyynexckrsive irenchlse,contract or
license granted pursuant to such tens and condl-
tionsaspmwdbedbytheCityCouncil. ThisOrdl-
nance grant an enUSN, tuohles to Pahn
9/18/2013 Spdrgs DupoSal Servces to provide collection
Ire er,and dispose(of solid waste and related
servicae, Including waltord pImitation, source re-
frra ones is I rna term ofr15 yong earm dim encI g
on April 1,2014.
ORDINANCE N0.1626 E CITY OFppppLL
SPRINGS 75 NCALIFORNIATMADDING ECTIONa
6D4AND
AMENDING* SECTIONS 6.04.0604076 AND 10�HE60 TO 020
I acknowledge that I am aprincipal clerk of the enter of 6.040,Ad AND MUNICIPAL
C OF,RELATING
PALM(
9 P SPRINGS MUNICIPAL CODE RELATING TO
The Desert Sun, printed and published weekly in the City SOLID WASTE DISPOSAL SERVICES
of Palm Springs, County of Riverside, State of California. CayANr Y'SSWMMY
The Desert Sun was adjudicated a newspaper of general Tim ormnancs amends certain provisions of the
Citys waste disposal ordlnenca to conform to the
circulation on March 24, 1988 by the Superior Court of the new and additional serAces and,related aadP.
m nt that it be provided in conlunctlon wiTh a I
County of Riverside, State of California Case No. new franchise agreement for wild waste services
191236. in the City.
CERTIFICATION
STATE OF CALIFORN1A
I declare under penalty of perjury that the foregoing is true Cm OFpA_M SPRRJGS
and correct. Executed on this 18th day of September, I JPMFS THOMPSON,A hark of the a
d
halm Spdngs hereby cetr that OMlnen
2013 in Palm Springs, nia. 1825 and1826 are hill, true and correct
and were IMraducetl at a reggular meeting
Pa hn Spnnga Ciry Council onlhe 3R0 Oda
2013,end adopted are reputar meetng of tlowd on ing 4TH day of Septembe
AYES: Councsrnsmbers Foat, Hutcheson, I
NOES: None
Tem Mills,and Mayor
: Pou9net.
1 ABSENT: None
Declare s Slg re �A I ll. ABSTAIN: None
"� JAM R,CITY CLERK
Co Of palm
^ Coy of Palm Springs,Celaomla
V Published:9/11ans
CITY OF PALM SPRINGS
City Council
Meeting Date: September 4, 2013
Subject: Ordinance Nos. 1825, 1826, and 1827
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that copies of the attached Ordinance Summaries were published in the Desert Sun
on September 18, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
kL4-cu.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that copies of the attached Ordinance Summaries were posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office
of the City Clerk on September 16, 2013.
, ` un
1 declare under penalty of perjury that the foregoing is true and correct.
�J
Kathie Hart, CMC
Chief Deputy City Clerk
ORDINANCE NO. 1825
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, GRANTING AN EXCLUSIVE SOLID WASTE
MANAGEMENT SERVICES FRANCHISE TO PALM SPRINGS
DISPOSAL SERVICES, A CALIFORNIA CORPORATION
City Attorney Summary
The City Charter and the City's Municipal Code provides the City Council with the authority to
decide the level of solid waste services to be provided to the City and whether such services
are to be provided by means of nonexclusive, partially exclusive, or wholly exclusive franchise,
contract, or license granted pursuant to such terms and conditions as prescribed by the City
Council. This Ordinance grants an exclusive franchise to Palm Springs Disposal Services to
provide collection, transfer, and disposal of solid waste and related services, including without
limitation, source reduction, recycling, and composting activities. The franchise is for a term of
15 years, commencing on April 1, 2014.
ORDINANCE NO. 1826
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTIONS 6.04.075, 6.04.076, AND
6.04.100 TO, AND AMENDING SECTIONS 6.04.010, 6.04.020,
6.040.40, AND 6.04.234 OF, THE PALM SPRINGS MUNICIPAL
CODE RELATING TO SOLID WASTE DISPOSAL SERVICES
City Attorney's Summary
This Ordinance amends certain provisions of the City's waste disposal ordinance to conform to
the new and additional services and related equipment that will be provided in conjunction with
a new franchise agreement for solid waste services in the City.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance Nos. 1825 and1826 are full, true and correct copies, and were introduced at a
regular meeting of the Palm Springs City Council on the 3RD day of July, 2013, and adopted at
a regular meeting of the City Council held on the 4T" day of September, 2013, by the following
vote:
AYES: Councilmembers Foat, Hutcheson, Lewin, Mayor Pro Tern Mills, and
Mayor Pougnet.
NOES: None
ABSENT: None
ABSTAIN: None -
/DAMES THOMPSON, CITY CLERK
'City of Palm Springs, California
ORDINANCE NO. 1825
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, GRANTING AN EXCLUSIVE SOLID WASTE
MANAGEMENT SERVICES FRANCHISE TO PALM
SPRINGS DISPOSAL SERVICES, A CALIFORNIA
CORPORATION. A6378.
City Attomey Summary
The City Charter and the City's Municipal Code provides the City Council
with the authority to decide the level of solid waste services to be provided to
the City and whether such services are to be provided by means of
nonexclusive, partially exclusive, or wholly exclusive franchise, contract, or
license granted pursuant to such terms and conditions as prescribed by the
City Council. This Ordinance grants an exclusive franchise to Palm Springs
Disposal Services to provide collection, transfer, and disposal of solid waste
and related services, including without limitation, source reduction, recycling,
and composting activities. The franchise is for a term of 15 years,
commencing on April 1, 2014.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The City is responsible for providing solid waste management services to its
citizens, including source reduction, recycling, composting activities and the collection,
transfer and disposal of solid waste within the City boundaries, in a manner consistent with
state laws.
B. The City Council has determined that the provision of solid waste
management services by providing an exclusive franchise and agreement to a solid waste
enterprise will best provide and maintain reasonable rates for collection, transportation,
recycling, composting, and disposal of solid waste, recyclables, and compostable material
generated within the City.
C. Palm Springs Disposal Services ("PSDS"), a California Corporation, has
provided superior and reasonably priced solid waste collection and disposal services for
the City of Palm Springs and its residents for several years and is qualified and competent
to perform the solid waste management services desired by the City.
D. It is the desire of the City and PSDS to modify the residential service to one-
day a week service with an appropriate reduction in service fees and to enhance recycling
and waste diversion efforts in the City to ensure the City can reasonably attain its goals
and requirements under state law.
E. On July 3, 2013, the City Council held a public hearing to consider the grant
of an exclusive solid waste management services franchise to PSDS and to hear all
persons desiring to be heard on the grant of such franchise.
Ordinance No. 1825
Page 2
F. Having considered all oral and documentary evidence presented on the
matter of granting such franchise, the City Council has determined that the of an exclusive
solid waste management services franchise to PSDS is in the public interest.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN:
SECTION 1. The City Council grants an Exclusive Solid Waste Management
Services Franchise to Palm Springs Disposal Services, a California Corporation. PSDS is
authorized to engage in the business of collecting, transporting, and disposing of solid
waste and recyclable materials kept, accumulated, or produced in the City of Palm Springs
and to use the public streets and rights of way for such purpose.
SECTION 2. The grant of this Exclusive Solid Waste Management Services
Franchise is expressly subject to the terms and conditions of the City Charter, Chapter 6.05
of the Palm Springs Municipal Code, this Ordinance, and the Agreement between the City
and PSDS for Solid Waste Management Services ("Franchise Agreement") as such now
exists or as may be amended from time to time.
SECTION 3. The Franchise Agreement shall be for a term of fifteen (15) years,
commencing on April 1, 2014 and ending on March 30, 2029.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take effect
thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS 4T" DAY OF SEPTEMBER, 2013.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
Ordinance No. 1825
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I JAMES THOMPSON CityClerk of the i f e City o Palm Springs, hereb certify that
YY fY
Ordinance No. 1825 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 3rd day of July, 2013, and adopted at a
regular meeting of the City Council held on the 4`h day of September, 2013, by the following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tem Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1826
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTIONS 6.04.075, 6.04.076,
AND 6.04.100 TO, AND AMENDING SECTIONS 6.04.010,
6.04.020, 6.040.40, AND 6.04.234 OF, THE PALM
SPRINGS MUNICIPAL CODE RELATING TO SOLID
WASTE DISPOSAL SERVICES.
CityAttorney's Summary
This Ordinance amends certain provisions of the City's waste disposal
ordinance to conform to the new and additional services and related
equipment that will be provided in conjunction with a new franchise
agreement for solid waste services in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN:
SECTION 1. Section 6.04.010 of the Palm Springs Municipal Code is amended
by adding the term "Container' and amending the term "Municipal solid waste" to read:
"Container" means a cart, can, commercial bin, debris box, or stationary
compactor intended for the purpose of depositing waste for disposal, except
construction and demolition debris and bulky items, or recyclable materials for diversion.
Containers may be provided by City or its authorized agent, or for manual collection as
may be required to be provided by the property owner or occupant generating waste or
recyclables.
"Municipal solid waste" means all solid wastes generated by residential,
commercial and industrial sources, and all solid waste generated at construction and
demolition sites, and at treatment works for water and wastewater, which are collected
and transported under authorization of the city or are self-hauled. Municipal solid waste
does not include agricultural crop residues, mining waste and fuel extraction waste,
forestry wastes, ash from industrial oilers, furnaces and incinerators, infectious waste,
or hazardous waste.
SECTION 2. Section 6.04.020 of the Palm Springs Municipal Code is amended
to read:
6.04.020 Containers—Provision required—Adequacy.
It is the duty of every person in possession, charge, or control of any premises within
the City, in or from which waste is produced, generated or accumulated, to provide, and
at all times to keep in a suitable place readily accessible to the waste or recyclable
material collector, containers capable of holding without spilling all materials which
Ordinance No. 1826
Page 2
would ordinarily accumulate on such premises between the times of two successive
collections. No containers shall be located within locked gates or doors or in a fenced or
enclosed area used to restrain animals at the time of collection. The containers shall be
filled no more than level full and shall be kept covered. When amounts of waste exceed
the capacity of the container, it shall be the duty of the property owner or the person
responsible for disposal of waste generated at the premises to arrange for removal of
such excess waste by the City or its authorized representative.
SECTION 3. Section 6.04.040 of the Palm Springs Municipal Code is amended
to read:
6.04.040 Containers—Domestic—Specifications.
All domestic waste containers shall be constructed of metal or plastic, equipped
with suitable handles and tight-fitting covers, watertight, have a capacity of not less than
ten gallons and not more than thirty-two gallons, and have a total loaded weight of not
more than fifty pounds at the time of collection. In the event the City or its authorized
agent provides carts for waste and recyclable materials for use in its collection system,
domestic premises and commercial premises that receive individual collection from
carts shall utilize the carts so provided by separating waste and recyclable materials.
SECTION 4. Section 6.04.075 is added to the Palm Springs Municipal Code to
read:
6.04.075 Debris Boxes.
Debris boxes shall be of welded steel construction suitable for storage of construction
and demolition debris, yard waste, and bulky items, and shall be equipped to be hauled
by a roll-off type of refuse truck designed for that purpose. Debris boxes shall be filled
more than level full and shall not exceed eleven tons at the time of collection.
SECTION 5. Section 6.04.076 is added to the Palm Springs Municipal Code to
read:
6.04.076 Stationary Compactor.
Stationary compactors shall be of welded steel construction, fully enclosed with
detachable compaction units suitable for storage of waste, except construction and
demolition debris and bulky items, and shall be equipped to be hauled by a roll-off type
refuse truck designed for that purpose. Stationary compactors shall not exceed eleven
tons at the time of collection.
SECTION 6. Section 6.04.100 is added to the Palm Springs Municipal Code to
read:
Ordinance No. 1826
Page 3
6.04.100 Construction and Demolition Debris.
Waste resulting from demolition, remodeling, refurbishing, landscaping, or construction
at any premises shall not be deposited in containers designed or otherwise intended for
domestic or commercial waste.
SECTION 7. Section 6.04.234 of the Palm Springs Municipal Code is amended
to read:
6.04.234 Unauthorized collectors.
At such times as there is in force a contract entered into by the city with any
contractor for the collection and disposal of waste and recyclable materials of the city
and its inhabitants, it is unlawful for any person other than the contractor, or its agents
and employees, to collect any waste or recyclable materials for hire within the city. This
section shall not, however, be deemed to prohibit any person performing gardening or
landscape services, and who possesses an appropriate business license for such
activity, from carrying away leaves and the like, and generated by the gardening or
landscape services performed.
SECTION 8. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 4th DAY OF SEPTEMBER, 2013.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
Ordinance No. 1826
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1826 is a full, true and correct cogy, and was introduced at a regular
meeting of the Palm Springs City Council on the 3R day of July, 2013, and adopted at a
regular meeting of the City Council held on the 4T" day of September, 2013, by the
following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California