COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

October 28, 2010

BOARD MEETING DATE:

November 9, 2010

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Ordinances Updates Related to Garbage Collection and Disposal

RECOMMENDATION:

Adopt an Ordinance amending Chapter 4.04 Garbage Collection and Disposal, Title 4, of the San Mateo County Ordinance Code in its entirety.

BACKGROUND:

On October 6, 2009, your Board adopted an Ordinance repealing Section 4.04.130 of Chapter 4.04 of the San Mateo County Ordinance Code. The Department also informed the Board at that time that staff would be reviewing all of Chapter 4.04 and proposing amendments to ensure consistency with the new garbage and recyclables franchise agreement and the California Integrated Waste Management Act of 1989.

On October 20, 2009, your Board adopted Resolution No. 070423 which approved a new franchise agreement with Recology San Mateo County (RSMC) to provide services for weekly collection of recyclable materials, organic materials, and solid waste. These services will be provided to CSA-8 and the unincorporated franchised area within the South Bayside Waste Management Authority service area, exclusive of CSA-8 and West Bay Sanitary District (County franchised area) from January 1, 2011 through December 31, 2020. The County franchised area is comprised of the following communities: Burlingame Hills, San Mateo Highlands and Baywood Park [Crystal Springs area], Harbor Industrial, Devonshire Canyon, Palomar Park, Oak Knoll, Kensington Square, Emerald Lake Hills, Sequoia Tract, Peninsula Golf Club, and Trailer Ranchero.

DISCUSSION:

The proposed amendments to the Ordinance address legislative requirements, current diversion practice and terminology, the County Franchise Agreement with RSMC, Health and Safety Codes, and input from County Departments and the public regarding issues related to garbage and recyclables collection service.

Many of the sections in Chapter 4.04 were enacted more than forty years ago, prior to the enactment of the California Integrated Waste Management Act of 1989 (AB 939), and do not reflect current definitions and practices. Some of the diversion programs that were developed to respond to AB 939 include curbside recycling, green waste collection, composting, and construction and demolition waste diversion.

The recommended amendments are intended to ensure consistency with the Franchise Agreement in terms of service area, collection carts, placement of carts for collection, method of collection, type of materials to be collected, minimum service levels, rate and fee structure. The amendments specifically address collection of garbage and recyclables in the County franchised area and CSA-8.

The County’s Environmental Health Division has provided recommended updates to Chapter 4.04 related to the health and safety issues associated with permitting, collecting, storing, and transporting solid waste within the County.

Department staff met with Planning, Sheriff, Environmental Health, and the North Fair Oaks Community Council (Council) to solicit their input related to solid waste and recyclables collection in the County unincorporated areas. Specific amendments to the Ordinance that resulted from this input include: theft of recyclables from the curbside recycling carts, and limiting the length of time to twenty-four hours that cans and carts can be left at the curb after the materials have been collected. The proposed amendments do not include fines for theft of recyclables, however this could be explored further with the Sheriff’s office to determine whether levying a fine would further discourage this activity. Theft of recyclables has a negative impact on garbage and recyclables collection rates and can result in creating an unsightly appearance. The requirement that cans and carts be removed from the street area within twenty-four hours is a common requirement in cities adjacent to the County franchised area and CSA-8.

County Counsel has reviewed and approved the Ordinance as to form.

Approval of this action will contribute to the Shared Vision 2025 outcome of a Collaborative Community by implementing a regional framework for solid waste collection, transport, storage, and disposal.

FISCAL IMPACT:

There is no fiscal impact associated with adopting the Ordinance amendments.