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HomeMy WebLinkAbout586ORDINANCE 586 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING THE LOS ALTOS HILLS MUNICIPAL CODE BY AMENDING TITLE 6, CHAPTER 3 "SOLID WASTE" RELATED TO SOLID WASTE FRANCHISE AGREEMENTS WHEREAS, Chapter 3 "Solid Waste" of Title 6 "Sanitation and Health" of the Los Altos Hills Municipal Code authorizes the City Council to award an exclusive franchise agreement to perform solid waste collection service to all residential and commercial premises within the Town; and WHEREAS, on June 20, 2020 the City Council adopted a resolution approving and authorizing the execution of a franchise agreement between the Town of Los Altos Hills and GreenWaste Recovery Inc. ("Franchisee") for recyclables, mixed compostables, and yard trimming collection services; and WHEREAS, the terms of the franchise agreement must not conflict with any provisions of Chapter 3 "Solid Waste" found in Title 6 "Sanitation and Health" of the Municipal Code; and WHEREAS, the proposed ordinance amendments are consistent with the terms of the franchise agreement approved on June 20, 2019 and executed on June 28, 2019; and . WHEREAS, the proposed amendment to Section 6-3.04 provides that the Franchisee and not the City Manager may give written notice to the service recipient that baseline service is required pursuant to Section 6-3.03 of the Municipal Code; and WHEREAS, the proposed amendment to Sections 6-3.08 to 6-3.09 provides that the Franchisee shall provide the necessary solid waste and recyclables containers for residential and commercial premises and the use of inappropriate containers may be subject to additional charges as set forth in the franchise agreement; and WHEREAS, the proposed amendment to Sections 6-3.16 clarifies that the schedule of rates and charges for collection services shall be established and may be changed from time to time in the manner as prescribed by the franchise agreement; and WHEREAS, the proposed amendment to Sections 6-3.17 through 6-3.28 concerning delinquent accounts is consistent with the franchise agreement and requires the Franchisee to be responsible for collection of payment of delinquent amounts from service recipients. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: SECTION I. AMENDMENT OF CODE. The City Council hereby amends the following sections of the Los Altos Hills Municipal Code to read as follows. Sections and subsections that are not amended by this ordinance are not included below and shall remain in full force and effect. 1. Section 6-3.04, is hereby amended as follows: 6-3.04 Commencement of universal service. The owner or tenant shall commence at least the minimum universal service within ten (10) days after occupancy of a premises, or portion thereof. In the event service is not initiated within such period of time, the solid waste and recyclables collector may give written notice to the owner or tenant that universal service is required. If service is not initiated by the owner or tenant within ten (10) days after the date of mailing the notice, the solid waste and recyclables collector may begin and continue providing the minimum universal service to such premises as set forth in the exclusive franchise with the solid waste and recyclables collector. 2. Section 6-3.08, is hereby amended as follows: 6-3.08 Solid waste and recyclables containers. (a) All solid waste containers shall be kept in a sanitary condition continuously closed with a tight -fitting cover. (b) Solid waste containers for residential premises and commercial premises shall be provided by or approved by the solid waste collector. (c) All containers for recyclables shall be kept in a sanitary condition and shall be containers provided by or approved for recyclables by the recyclable collector. (d) Solid waste containers and containers for recyclables shall be emptied by the solid waste and recyclables collector when the containers are placed at the collection stations authorized by the collector and approved by the Town pursuant to the franchise agreement. (e) Solid waste and recyclables containers shall be placed at the authorized collection station not more than twenty-four (24) hours preceding the scheduled collection time. Such containers shall be removed from the collection station within twenty-four (24) hours after collection. Containers provided by the solid waste and recyclables collector shall not be removed from the property by any person other than the solid waste and recyclables collector. 3. 1 Section 6-3.09, is hereby amended as follows: 6-3.09 Inappropriate containers. The use of solid waste and recyclables containers not provided by the solid waste and recyclables collector may be subject to -appropriate additional charges to be paid the solid waste and recyclables collector for the collecting and transporting of the inappropriate containers or waste contained therein, as set forth in the exclusive franchise with the solid waste and recyclables collector. 4. Section 6-3.16, is hereby amended as follows: 6-3.16 Charges for solid waste and recyclables collection service. The City Council shall establish a schedule of maximum rates and charges for all levels of solid waste and recyclables collection service to be rendered by the solid waste and recyclables collector. The schedule may be changed from time to time in the manner as prescribed by the franchise agreement between the Town and the solid waste and recyclables collector. 5. Section 6-3.17, is hereby amended as follows: 6-3.17 Failure to pay for solid waste and recyclables collection service. The solid waste and recyclables collector shall be entitled to payment from either the owner or the recipient of solid waste and recyclables collection service for any services rendered or to be rendered. Upon failure to make such payment, the means of collecting delinquent charges shall be in accordance with the procedures set forth in the exclusive franchise with the solid waste and recyclables collector. 6. Sections 6-3.18 to Section 6-3.28, regarding delinquent accounts, are hereby repealed from the Municipal Code and reserved as follows: Section 6-3.18 Reserved Section 6-3.19 Reserved Section 6-3.20 Reserved Section 6-3.21 Reserved Section 6-3.22 Reserved Section 6-3.23 Reserved Section 6-3.24 Reserved Section 6-3.25 Reserved Section 6 -3.26 -Reserved Section 6-3.27 Reserved Section 6-3.28 Reserved SECTION II. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION III. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. Within fifteen (15) days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los A1tos.Hills, as required by law. INTRODUCED: October 17, 2019 PASSED: December 19, 2019 AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember Tankha, Councilmember Tyson NOES: None ABSTENTIONS: None ABSENT: None BY: 4' Rogd Spre n, Mayor ATTEST: aK&4?4"�� eborah Padovan, City Clerk APPROV AS TO FORM: City Attorney