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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 [~7=[~ un[es~ otherwise ~eted P~CE~ C~GE FR~ P~C~ C~E FR~H PERC~ C~E FR~ PERCENT CHANCE FR~ ALL ITEN~ 203°2 -0.7 10.3 ALL. ITEt'L'~ (1957-S9 =100) 241.r~ FE~ ~14. ] O. 7 12. F~ AT ~E 217.3 0.9 C~EALS ~ BARERY PR~UCTS ~. 6 O. 1 10.9 ~T~, P~_~Y, FIF~, A~ EGGS ~S.6 1.~ MEATS~ P~[.TRY~ A~ FISH ~9.6 1.4 DAIRY PRC~UCTS 177, 0 ~. 1 . 4.7 FRUITS AND ~G~ABLES 20~. 9 . l, 4 OTHER FOODS AT~ HOI~ ~5.9 O. S S. 0 · F~ AWAY FR~ HO~ ~6.1 0.3 SHELTER 29'1 · I -4.9 9. B R~ R~SID~T[AL I79.3 -1.~ D~IER RENTAL, COSTS 218.4 O. S 15.9 H~Db~qERSH IP ~49.7 -5.7 10.6 FUEL. A~ OT~R ~ILITIE8 220.5 7. ~ F~LS 235.2 17.7 7. FL~ O~L~ COAL, A~ BOT~ GA~ 99.2 [/ -0.3 ..... CAS(PIPED) ~ ~EC~ICI~ 2~.~ 18.4 B. H~SEH~O FLRNISHINGS A~ ~ATI~ 1B6. S 2.2 11.0 ~PPAREL AND DP~EEP 1~.3 3.1 ~'~3_ C{~,~h;t3DITIES 160. B 3.B 9.7 M~'S ~ BOYS' APPAR~_ 158.4 0.3 3.8 H~'S ~ GIRLS' APPAREL ' 1~1.4 B.O FOOTWEAR 1 ~7.0 0.1 ~. 8 TRAMC;PORTAT ~ ON 191.3 1.1 PR ] VAI'E TRANSPI~TATIOIV 193. e 1.2 B. ~ PL~L. IC I'~SP~TATION 159.6 -0.1 1 NED] cat, CAPE ~. 3 2.7 I 1. B ~l ERTATNMENT 1~0.2 i.~ il.4 O]'H[**I;' (;OODG AND SERVICES 192.7 2.0 1~.3 P~.)r,iAL CARE 197. 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