2012/11/27 City Council Ordinance 851
ORDINANCE NO. 851
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AMENDING CHAPTER 8.12 OF THE ROHNERT PARK
MUNICIPAL CODE TO AMEND PROVISIONS RELATING TO RATE-
SETTING AND ALLOW FOR SELF-HAULING OF WASTE BY PERMIT
UNDER SPECIFIED CIRCUMSTANCES
WHEREAS, the City currently establishes the rates and bills customers for refuse services,
provided for under Section 8.12.260 of the Rohnert Park Municipal Code;
WHEREAS, for cost saving, efficiency and customer service purposes, the City Council is
amending its existing agreement with Rohnert Park Disposal, Inc. for refuse, recyclable
materials, compostable materials and street sweeping services to, among other things, transfer
billing and rate setting responsibility from the City to the Contractor ("Second Amended and
Restated Agreement"); and
WHEREAS, at a duly noticed regular meeting of the City Council, the City staff recommended:
(i) amending Section 8.12.260 (Rates for Collection) of the Rohnert Park Municipal Code in
order to conform the Code to the terms of the Second Amended and Restated Agreement by
clarifying that the Contractor has the obligation to establish rates and bill customers, and (ii)
amending the definitions, Section 8.12.210 (Exclusive Right of Contractor), and adding a new
Section 8.12.350 (Self-Haul Permits) to define and allow for self-hauling of waste by permit
under specified circumstances.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain as
follows:
SECTION 1. Recitals. The City Council of the City of Rohnert Park does hereby find that the
above referenced recitals are true and correct and material to the adoption of this Ordinance.
SECTION 2. Amendments. The Rohnert Park Municipal Code shall be amended in the
manner provided for in Exhibit 1, which is attached hereto and incorporated by this reference as
though set forth in full.
SECTION 3. Environmental Review. The City Council hereby finds and determines that the
adoption of this Ordinance is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).
SECTION 4. Severability. The City Council hereby declares that every section, paragraph,
sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence,
clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining
sections, paragraphs, sentences, clauses, or phrases.
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SECTION 5. Effective Date. This Ordinance shall be in full force and effective thirty (30)
days after its adoption and shall be published and posted as required by law.
This ordinance was introduced on November 13, 2012; and
DUL Y AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park on
November 27,2012, by a vote of the City Council as follows:
AYES: Five
NOES: None
ABSENT: None
ABSTAIN: None
(5)
(0)
(0)
(0)
Councilmembers Ahanotu, Belforte, Callinan, Stafford and
Mayor Mackenzie
ATTEST:
~Q ~j11t100A~
"ty Clerk
Jake M kenzie, Mayor
Attachments:
Exhibit 1: Amendments to RPM C Chapter 8.12
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Exhibit 1 :
Amendments to RPMC Chapter 8.12
SECTION 1. Rohnert Park Municipal Code Section 8.12.260, "Rates for City Collection," shall
be deleted in its entirety and shall read as follows:
8.12.260 - Rates for Collection.
Any person from whom garbage, wet garbage, rubbish or refuse is collected under the
provisions of this chapter shall pay to the contract agent(s) granted a contract for collection
and disposal pursuant to 8.12.200 the following fee(s) for such services:
A. Single-family residences, duplex, triplex, and fourplex. A monthly charge established
by the contract agent, which shall not exceed maximum rate established by the City,
which shall include all garbage, wet garbage, rubbish and refuse which has been placed
within the receptacles and located on the premises as provided under this chapter.
B. Commercial establislunents and apartment houses. These rates are based on the total
number of apartments or mobile homes whether occupied or vacant, subject to the
following provisions:
1. If the entire premises is unoccupied, no charge is made;
2. Where thirty-gallon cans are used for collection purposes by any apartment
house the rate shall be set by the contract agent, at an amount not exceeding the
maximum rate established by the City, for each apartment unit.
3. Where thirty-gallon cans are used for collection purposes by any commercial
establishment the rate shall be set by the contract agent, at an amount not
exceeding the maximum rate established by the City.
4. The city sanitation officer may require the use of bins, furnished by the
contract agent, for any commercial establislnnent or apartment house. When bins
are used, the rates shall be set by the contract agent, at an amount not exceeding
the maximum rate established by the City.
Where a complete bin is not regularly utilized the rate may be adjusted with the
consent of the city sanitation officer. Where a type of bin service is provided for
which no rate is provided a comparable rate may be established by the contract
agent with the written consent of the city manager.
5. No charge shall be made for any vacant apartment provided written notice of
such vacancy is promptly delivered to the city manager, and, provided further,
that the contract agent shall not be required to prorate any charge for an apartment
which is vacant for only a portion of the regular billing period.
6. All business conducted in a residence must pay the business rate for all
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garbage and refuse handled.
7. The contract agent shall make available bins for the collection of garbage, wet
garbage, rubbish and refuse to all business establishments and apartment houses,
when requested by the owners or required by the city sanitation officer. Said bins
shall be of a design approved by the city sanitation officer.
8. The city sanitation officer shall have the right to require that apartment
houses, fourplexes, condominiums, planned developments and other multi-family
residential units utilize bins for the collection of garbage, rubbish and refuse.
C. Mobile Home Parks. The owners of all mobile home parks shall pay a monthly
charge as follows:
1. For each "adults only" mobile home park a charge set by the contract agent, at
an amount not exceeding the maximum rate established by the City, for each
occupied unit;
2. For each mobile home park which is not restricted to "adults," a charge set by
the contract agent, at an amount not exceeding the maximum rate established by
the City, for each occupied unit.
D. Special Collections. For a special collection of rubbish or refuse there shall be a
charge set by the contract agent, at an amount not exceeding the maximum rate
established by the City, for each cubic yard or fraction thereof. A special collection of
rubbish shall consist of any collection not included within the established monthly rate
and shall include any bulky items which cannot be placed within the regularly used
collection receptacle.
E. Free Service to City. The contract agent shall provide free service to all city-owned
facilities.
F. Cost of Living Adjustment. The city may, by an appropriate agreement with the
contract agent for the collection and disposal of refuse within the city, provide for an
annual adjustment in the maximum rates established in this chapter pursuant to any
increase or decrease in the cost ofJiving index or such other standard as may be selected
by the city council. Any such adjustment in the rates must be approved by the city
manager consistent with the terms of the contract with the contract agent.
SECTION 2. A new definition is hereby added to the definitions provided for in Section
8.12.010 (Definitions) of the Rohnert Park Municipal Code and shall read as follows:
"Self-Hauling" means the transportation of refuse, garbage, wet garbage, rubbish,
recyclables or compostables directly to a licensed or permitted landfill or other licensed
or permitted disposal facility in lieu of utilizing the collection services offered by a
collector.
SECTION 3: Rohnert Park Municipal Code Section 8.12.210 (Exclusive Right of Contractor)
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shall be amended in its entirety to read as follows:
8.12.210 - Exclusive Right of Contractor.
At such time as there is in force a contract entered into by the City with any person for
the collection of garbage in the city, it is unlawful for any person, other than the
contractor or the persons in the employ of the contractor having such contract, to collect
or transport any garbage within the boundaries of the city, including future annexations.
The prohibition imposed by this section shall not apply to the provision of debris box
services within the city in accord with the provisions of a contract with the city. The
prohibition imposed by this section shall also not apply to those persons who have
obtained a valid self-haul permit from the City as provided for in Section 8.12.350.
SECTION 4: A new Section 8.12.350 (Self-Hauling Permits) is hereby added to the Rohnert
Park Municipal Code and shall read as follows:
8.12.350 - Self-Hauling Permits.
A. Permit Required. The owner, occupant or other person responsible for day-to-day
operation of a single-family residential unit, may apply for and obtain a permit to self-
haul, and shall not self-haul without a valid self-haul permit issued per this section.
Every owner, occupant or other person responsible for day-to-day operation of a single-
family residential unit who desires to self-haul in lieu of making arrangements for the
collection of refuse, garbage, wet garbage, rubbish, recyclables and compostables shall
obtain a self-haul permit from the City's Public Works Director or his or her designee
prior to commencing self-hauling.
B. Term. A permit to self-haul shall be good for one calendar year, or such part of the
calendar year that is remaining after the issuance of the permit. All self-haul permits
shall expire on the December 31 sr, and may be renewed annually. An application for a
renewal permit should be filed at least sixty (60) days prior to the expiration date of the
permit to allow adequate time for processing, inspection and verifications required to
issue the permit.
C. Issuance of Permit. The City's Public Works Director or his or her designee shall issue a
self-haul permit within five (5) working days of the receipt of an application deemed
complete by the Director and the production of the items listed in numbers 2 - 8 below:
1. Applicant files an application, on a form approved by the Director, with all
required information supplied. Failure to provide all required information will
result in the Director rejecting the application as incomplete.
2. The applicant produces for inspection the vehicle the applicant intends to use for
hauling refuse, garbage, wet garbage, rubbish, recyclables and compostables, and
the vehicle meets the following standards:
a. The vehicle has the capacity to haul a minimum of 32 gallons (4.3 cubic
feet) of refuse, garbage, wet garbage, rubbish, recyc1ables or compostables;
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b. The vehicle is capable of safely hauling refuse, garbage, wet garbage,
rubbish, recyclables and disposables in a safe and sanitary manner so that such
matter will not spill, leak, drip, blow, scatter or fall from the vehicle;
c. If the vehicle is not fully enclosed, the applicant produces a tarp or other
material that will be used to completely secure the materials being self-hauled.
3. The applicant produces evidence that he or she owns or leases the vehicle or has a
written agreement to use the vehicle for the hauling of refuse, garbage, wet
garbage, rubbish, recyclables and compostables;
4. The applicant produces evidence that he or she has a valid California driver's
license to operate the vehicle produced for inspection and that the vehicle is
registered in the State of California;
5. The applicant provides the City with a certificate of automobile insurance for the
vehicle;
6. The vehicle is operational and meets all applicable Vehicle Code standards;
7. The applicant provides the City with proof that the applicant has containers for
the storage of refuse, garbage, wet garbage, rubbish, recyclables and
compostables on the applicant's property before the materials are hauled to a
disposal facility; and
8. The applicant pays the fee for a self-hauling permit authorized by resolution of
the city council. Permits issued between January 1 and March 31 shall pay 100%
of the permit fee; permits issued between April ] and June 30 shall pay 75% of
the permit fee; permits issued between July 1 and September 30 shall pay 50% of
the permit fee; permits issued between October 1 and December 31 shall pay 25%
of the permit fee.
D. Appeal of Denial. An applicant whose application for a self-hauling permit has been
denied may appeal that decision. An appeal may be filed within ten (10) days of the date
the applicant was notified of the denial. Appeals shall be heard by the City Manager.
The decision of the City Manager is final.
E. Operational Standards.
1. Permittees must dispose of refuse, garbage, wet garbage, and rubbish weekly and
shall procure and retain weekly receipts from any licensed or pelmitted landfill or
other licensed or permitted disposal facility. Receip~s shall be submitted to the
City for the preceding one quarter calendar year on a quarterly basis upon
reasonable request by appropriate City authority. Failure to show proof of refuse,
garbage, wet garbage, and rubbish disposal for each week that a person is
permitted to self haul shall constitute a public health and safety nuisance
sufficient to permit City to revoke the permittee's self-hauling permit. .
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2. Permittees must notify the City of any change in the vehicle being used to haul
refuse, garbage, wet garbage, rubbish, recyclables or compostables by the
permittee. Permittees must bring the new vehicle in for an inspection and
demonstrate compliance with items 1 through 5 of paragraph B of this Section
before the new vehicle is used to haul any materials under the permit.
3. Permittee must keep on file with the City copies of the current automobile
insurance and registration for the vehicle used to self-haul and the permitee's
current California driver's license. Permittee must provide proof to City of
renewed automobile insurance, vehicle registration, and California driver's
license within 5 days of expiration of respective document.
4. Pennittees must separate and bag refuse, garbage, wet garbage, rubbish,
recyclables and compostables.
5. Permittees are liable for any damages and clean up costs resulting from any
refuse, garbage, wet garbage, rubbish, recycJables or compostables spilling,
leaking, dripping, blowing, scattering or falling during the course of the
permittees self-hauling activity.
6. Permitees shall, at such times as the City Manager may specify, report to the city
the type, quantity, volume and weight of refuse, garbage, wet garbage, rubbish,
recyclables and compostables to be removed, and shall pay an AB 939
information reporting fee, in an amount to be set by the City Council by
resolution.
E. Revocation of Pennit. The permit shall be subject to revocation if the permittee violates
any provision of this chapter. A notice of revocation shall be mailed to the permittee
informing them that their self-hauling permit is being revoked, identifying the violations
of this chapter that have occurred, and informing the permittee that he or she has the right
to dispute the revocation by an appeal to the City Manager. An appeal of a revocation
must be filed within five (5) days of the mailing of notice of the revocation. A revocation
appeal hearing will be scheduled within five (5) days of the date the City receives the
request for an appeal. The City Manager will issue a decision on the appeal within five
(5) days of the hearing and provide the permittee written notice of the decision. The
decision of the City Manager on the appeal shall be final."
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