HomeMy WebLinkAboutOrd 782-1979ORDINANCE NO. 782-79
AN ORDINANCE AMENDING ORDINANCE NO. 538, ENTITLED
"AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO
REGULATING THE ACCUMULATION, COLLECTION AND DIS-
POSAL OF GARBAGE, RUBBISH, WASTE MATTER AND RE-
FUSE; FIXING RATES TO BE CHARGED; AUTHORIZING
THE ISSUANCE OF PERMITS AND MAKING OF CONTRACTS;
REFUSE ABATEMENT BY CITY AT OWNER'S EXPENSE;
DESIGNATING ENFORCEMENT OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE",
ADOPTED OCTOBER 25, 1965
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS
FOLLOWS:
SECTION 1. ORDINANCE REFERENCE.
When the phrase "Ordinance 538" is used herein, the same shall
mean "An Ordinance of the City of South San Francisco Regulating the Accumula-
tion, Collection and Disposal of Garbage, Rubbish, Waste Matter and Refuse;
Fixing Rates to be Charged; Authorizing the Issuance of Permits and Making of
Contracts; Refuse Abatement by City at Owner's Expense; Designating Enforcement
Officers, and Providing Penalties for Violation of this Ordinance", adopted
October 25, 1965, as amended.
SECTION 2. AMENDMENT OF SECTIONS IV, XVIII, XIX AND XX OF ORDINANCE NO.
538 AND ADDITION OF SECTION XXVI AND XXVII THERETO.
Sections IV, XVIII, XIX and XX of Ordinance 538 are hereby amended
and Sections XXVI and XXVII are hereby added thereto to read as follows:
SECTION IV. LOCATION OF RECEPTACLES ON DESIGNATED COLLECTION
DAYS.
Garbage receptacles shall not be placed within the limits
of any street, road, avenue, public way, alley or public place,
or in a manner which blocks a sidewalk or constitutes a public
nuisance in complying with the provisions of this Section. On
CENTRAL RI~CORD$
,o.:
the designated collection date, garbage receptacles shall
be placed as hereinafter set forth.
A. Single Family, Duplex and Triplex Residential
Units.
Garbage receptacles for single family, duplex
and triplex residential units shall be
placed in an accessible area on the premises
within eight feet (8~) of the face of the
curb, or in absence of a curb, not less
than eight feet (8') from the edge of the
improved right of way. An alternate location
may be permitted for (1) the premises for
which such a location may constitute a
nuisance, and (2) premises, the owner or
occupant of Which has subscribed for back-
.yard pick up service.
B. Apartments, Manufacturing, Commercial and
Other Premises Not Described in Section A.
Garbage receptacles shall be located ina
place on the premises which is readily
accessible for removal and emptying by
City's contractor or franchisee.
SECTION XVIII. AWARD OF CONTRACT.
The Council may award a contract or franchise for
the collection and disposal of refuse to any person as
independent contractor which the Council believes best
qualified and equipped to perform the work of a "scavenger".
e
CENTRAL RECORDS
NO..'
The said contract shall require the "scavenger" to collect,
remove and dispose of refuse in the City in accordance
with the provisions of this Ordinance and in conformance
with such regulations as may be prescribed by the Health
Officer, or such other officer as may be hereafter desig-
nated by City. It shall require the said "scavenger" to
furnish a surety bond of not less than Twenty-five Thousand
Dollars ($ 25,000 }, conditioned upon the faithful
performance of his contract and shall require ithe said
"scavenger" to carry Workmen's Compensation Insurance
and Property Damage and Public Liability Insurance in
amounts to be determined by the Council. Such contract
may be subject to renewal if, in the discretion of the
City Council, time, circumstances and conditions warrant
such renewal.
SECTION XIX. COLLECTION OF RATES AND CHARGES;
FRANCHISE FEES.
The "scavenger" shall have authority to charge
such rates and charges for refuse collection service as
are established pursuant to Section XX of this Ordinance.
City shall establish franchise fees by resolution.
SECTION XX. ESTABLISHMENT OF RATES AND CHARGES.
The following procedures are provided.for
establishing rates and charges. The procedure set forth
in subparagraph B shall become operative on the 1st
day of February , 19 80 · In the absence of
CENTRAL RECORDS
the factors and standards set forth in subparagraph B, the
procedure set forth in subparagraph A shall be applied.
A. Resolution and Hearing.
The City Council, by Resolution., shall establish
the rates and charges collectible by "scavenger"
for refuse services, and withi'n fifteen (15)
days after adoption, said Resolution shall be
published once in a newspaper of general circula-
tion published and circulated in the City of
South San Francisco. Prior to so establishing
said rates and charges, a public hearing shall
be held, with notice thereof so published ten
(10) days prior to said hearing. The Council
shall consider the presentation of the
"scavenger", financial analyses of City staff,
quality of service, presentation of interested
parties at said hearing, and reasonableness
of the rates and charges or proposed modifica-
tion thereof, to assure rates and charges will
constitute reasonable compensation for the
service and will not be excessive.
B. Annual Adjustmen~ Based on Consumer Price Index.
(1) Notice of Intention to Adjust.
Not more than once in a twelve (12) month
period franchisee may file a written
notice of intention ~o adjust rates and
charges as specified therein for scavenger
e
CENTRAL RECORDS
(2)
services, to be effective the 45 th
day after filing said notice. The rates
so specified shall not exceed seventy-five
percent (75%) of the percentage increase
occurring since the previous rate adjustment
in the CPI Urban Wage Earner and Clerical
Worker which is the revised San Francisco/
Oakland CPI, Urban Wage Earner and Clerical
Worker published bi-monthly by the United
States Bureau of Labor Statistics. A
sample copy of said CPI index is attached
hereto as Exhibit "A" for identification
purposes.
Review by City Manager.
The City Manager shall review the notice of
intention and determine whether the proposed
rate is within the limits of seventy-five
percent (75%) of said CPI, and endorse
thereon his determination. If the City
Manager determines that the proposed rate
is not within said limitation, he shall
disapprove the'adjustment, give written
notice thereof to the franchisee and file
a copy with the City Council and City
Clerk. If the City Manager determines
that the proposed rate is within said
limitations, he shall proceed as set forth
CENTRAL RECORDS
in the following paragraphs.
(3) Filing with Council.
The City Manager shall file with the City
Council a copy of the notice of intention
together with his determination that the
proposed rate is within the CPI percentage
increase. The proposed rates and charges
shall become effective on the 4~ th
day after filing of said notice.
(4) Independent Council Review.
Notwithstanding the procedure hereinafter
set forth, the City Council may at any
time set a hearin§ for the purpose of
reviewing and adjusting said rates and
charges upon written notice to the
franchisee and publication thereof
thirty (30) days prior to said hearing
as set forth in subparagraph A.
(5) Exception.
Notwithstanding the twelve (12) month
limitation on an application for rate
adjustments, the franchisee may request
a public hearing for the purpose of
establishing a new schedule of rates and
charges at such time as the use of the
Marsh Road disposal site is discontinued
and they are required to locate an alternate
e
CENTRAL RECORD.~
.o.,
site. Said proposal for rate adjustment
shall comply with the procedures set forth
in subparagraph A.
SECTION XXVI. REVIEW COMMITTEE.
A Review Committee-is hereby established to (1) review
and adjust complaints regarding application of the provisions
of the Ordinance regulating scavenger services and the
services rendered pursuant thereto, and (2) recommend amend-
ments or procedures designed to improve quality of services
and/or reduce cost therefor. The Committee shall consist
of three (3) members who shall serve for 2 years without
compensation therefor.. Members shall be (1) the Director
of Public Services, (2) a representative of the San Mateo
County Health Department or a person with experience in
the field of public health selected by the City Council, and
(3) a citizen at large member who shall be a resident of
the City and appointed by the City Council. The Director
of Public Services shall serve as Chairman of the Committee.
Upon receipt of a complaint or referral of a matter within
the scope of the Committee's function, the Chairman shall
call a conference to review same. The Chairman shall give
ten (lO) days written notice prior to the date set for the
conference to (1) the complainant or source of the
referral, (2)the Scavenger's representative and (3) the
City Manager, together with an agenda of the items to be
reviewed. The date set for the conference may be reasonably
e
CENTRAL RECORDS
extended on notice issued by the Chairman or two
members of the Committee. The Committee shall render
a decision within thirty (30) days after completion of
the review, which time may be reasonably extended by the
Committee, If the complainant, source of referral or
Scavengers disagree with the decision of the Committee,
an appeal may be taken to the City Manager within ten
(10) days'after said decision by filing with the City
Manager a notice of appeal. The City Manager shall set
a time to consider the appeal giving at least ten (10)
days prior Written notice thereof to the appellant,
Chairman of the Committee and any other person, party
to the matter When it was before the Committee for
review. The City Manager shall render a decision
approving, disapproving or modifying the Committee's
decision thirty (30) days after completion of his review.
SECTION XXVII. ORDINANCE REFERENCE AND SHORT TITLE.
Ordinance No..538 shall be known and cited as
"An Ordinance Regulating Scavenger Services."
SECTION 3. PUBLICATION AND EFFECTIVE DATE.
This Ordinance shall be published once as required by law, and
shall take effect and be in force thirty (30) days from and after its adoption.
Introduced this 7th day of February , 1979.
Passed and adopted as an Ordinance of the City of South San Franciso
at a regular meeting of the City Council of the City of SoUth San Francisco
this 21st day of February, 1979, by the following vote:
AYES:
Councilmen Ronald G. Acosta, William A. Borba, EmanueleN. Damonte,
Terry J. Mirri, and Councilwoman Roberta Cerri Teglia
NOES: None
ABSENT: None
ATTEST :.
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 21st day of February, 1979.
Mayor
cENTRAL RECORDS
ALL ~B~ CONSL~RS ~B~ MACE
GRP~S
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