RPVCCA_CC_SR_2013_10_15_02_Code_Amendment_Trash_Containers_At_Curb_HoursTO:
FROM:
DATE:
SUBJECT:
REVIEWED:
CITY OF RANCHO PALOS VERDES
HONORABLE MAYOR & CITY COUNCIL MEMBERS
JOEL ROJAS, COMMUNITY DEVELO~T 91RECTOR
OCTOBER 15, 2013 u _.
CONSIDERATION OF AMENDING THE CITY'S CURRENT
REGULATIONS FOR TRASH CONTAl~R 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:
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Municipal Code Section 8. 20. 250 -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/eave 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 8.24.060.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 15
\ sixty one cases have been opened in code enforcement thus far in 2013
as a resalt 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 8.20.250 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 ha~ the earliest time for trash containers to be taken away from the curb after
collection.
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City Time containers allowed at curb Time containers removed from curb Total Hours
Redondo 11 :59 p.m. the day preceding collection 11 :59 p.m. the day of collection 24 Hours Beach
Rolling Hills 4:00 p.m. the day preceding collection 10:00 p.m. the day of collection 30 Hours Estates
Rancho Palos 8:00 a.m. the day preceding collection 8:00 p.m. the day of collection 36 Hours Verdes
Lomita 4:00 p.m. the day preceding collection 8:00 a.m. the day after collection 40 Hours
Hermosa 5:00 p.m. the day preceding collection 10:00 a.m. the day after collection 41 Hours Beach
Manhattan 10:00 a.m. the day preceding collection 10:00 a.m. the day after collection 48 Hours Beach
Palos Verdes Containers collected from and returned to the storage area by the trash company Estates
Rolling Hills 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.
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ADDITIONAL INFORMATION
Green Waste and Holiday Exceptions
At the 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 pick-
up 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 8.20.220, 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
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containers). Staff believes that all said costs could be absorbed by the current Community
Development Department and Public Works Department approved budgets.
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
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CITY OF RANCHO PALOS VERDES
MEMORANDUM
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)? It'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 2.20.250 is outdated. Adopted in
1991, the wording permits cans to be left at curbside for as long as 36 hours.
8.20.250 Residential refuse containers-Time of Placement
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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 collection, whichever is later."
That's a very long time. When Waste Management was our carrier, 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 agendizement and approval.
See staff information below:
Curb Placement Hours of Other Cities
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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 (1 O a.m. the day before collection to 1 O 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
collection collection 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 30 Hours
4:00 p.m. the day preceding 8:00 a.m. the day after
collection collection 40 Hours
5:00 p.m. the day preceding 10:00 a.m. the day after
collection collection 41 Hours
11:59 p.m. the day 11:59 p.m. the day of
preceding collection collection 24 Hours
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
Current RPV Enforcement Procedure
The City'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 informs the resident of the hours trash
containers can be placed at the curb for pick-up and how 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.
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Trash Carts Placement and Pickup
September 17, 2013
Page 4 of 4
Trash Container Related Complaints
As of September 15
\ 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.
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•
From:
Sent:
To:
Cc:
Subject:
Dear Council,
sharon yarber <momofyago@gmail.com>
Monday, September 16, 2013 10:15 PM
cc
Carolyn Lehr
Trash Cans and Property Acquisition
I was happy to see the Mayor propose a future agenda item re: trash cans in our City. A few years ago, right
after the new contract went into effect, I wrote to the Council to complain about the fact that (i) once a week
, c6llection required larger, unwieldy and often difficult to store containers, and (ii) the requirement of placing
the bins in the street, instead of at curbside, significantly reducing street parking and, frankly, making our City
look undesirable. I was met with ridicule by then Council Member, now Judge, Stern.
The fact of the.matter is, reducing the number of hours our streets can be cluttered is a step in the right
direction, but woefully inadequate to address the degradation of our community resulting from the switch from
our prior trash hauler. I know we are now stuck with a long term contract, but please do not renew it, at any
price (or with any price concessions) and when the contract is up let's go back to twice a week pick up at least
with a hauler who will allow bins to be placed on driveways and sidewalks. This will reduce stench that
emanates from trash accumulating for a week, and heaven forbid for two weeks if the owner happens to forget
to put out their trash or be out of town, and will not adversely impact street parking access .
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Many properties in RPV do not have sideyards large enough to put the bins outside of view, and this has
' resulted in lots of bins being out front instead of in the sideyards of homes. What can you do about that? Force
people to remodel to accommodate trash cans? I think not.
PVE has it right. NO trash cans ever. I would pay extra for that. Instead of the Council deciding what the people
want, why not have a survey (that would be a good use of the quarterly newsletter) and see if others are like-
minded and would pay extra to have what PVE has -a community that does not look disgraceful on trash day
(and the days leading up to and a few days following). I see too many people just leave the green bins, in
particular, out after the gardener comes. And since we only have pick up once a week we need more bins than
would otherwise be needed. Some people put 5 humongous bins in the street weekly.
Now -as far as the purchase of the properties on Montemalaga Drive is concerned: First, this should NOT be a
consent calendar item. This has never been·agendized, except as a Closed Session matter. No negotiations
should have been conducted until the residents agreed that this property should be acquired by the City.
This property is essentially worthless. I think the staff believes that as long as federal funds are used, it's OK to
just go out an buy property for open space. As I have said ·before and will say again, whether funds are federal,
state, county or city they are all TAXPAYER dollars and waste at any level of government is unacceptable. The
fact of the matter is (i) the property already is and will remain open space because it is largely zoned Open
Space Hazard and the cost of development would be prohibitive, (ii) we do not need to take on t]:le
responsibility for brush clearance of this property, and (iii) we do not need the liability for injuries occurring
there. The current owners pay for brush clearance now and the City does not require an easement to clear it if
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the owners fail to do so. Through the exercise of police power, the City can clear the property ifthe owners fail
to do so and impose a lien on the property to recoup the cost of same. I am sure the City could acquire, by
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condemnation if necessary, an easement to take care of whatever drainage issue is posed as the ruse for
requiring fee title.
If you really want( ed) to spend money for open space, habitat preservation and view preservation it would have
been far better to have negotiated with Raju Chhabria to acquire the lot at Crest and Hawthorne that is now
occupied by yet another Chase office.
Once again, this matter is another example of why our whole agenda process if flawed. Staff has been working
for who knows how many months on this deal, and I finally got to open the staff report Friday evening after
work at which point I promptly sent an email to Joel Rojas asking for a copy of the appraisals that support the
purchase price. Needless to say, I did not hear from him over the week-end, received a response this afternoon,
and will pick up a CD tomorrow morning. This is not adequate time for residents to receive, review, analyze
and digest agenda items .
. .This may or may not be a good idea -the jury is out, though I lean toward not buying the property as I see no
need to do so. I also think that the parcel that the Dr. Giani wants to retain should also have been appraised as
that property is th~ one that, if developed, will block views.
Please table/postpone this matter until at least the next Council meeting to give residents a chance to get better
informed about the whole matter.
And again, this should NOT be a consent calendar item. This is a violation, again, of the Rules of Procedure that
require that matters on the Consent Calendar have been previously agendized and acted upon by Council. Please
comply with your own Rules that we struggled so hard to "improve".
Sharon Yarber
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