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Staff Report
City Council
Item No. 3.A
Meeting Date: January 10, 2024
From: Justin Gardiner, Code Compliance Manager
Title: Solid Waste Container and Bulky Item Pickup Update Presentation
City Council
RECOMMENDATION:
The Solid Waste Container and Bulky Item Pickup update presentation is for City Council information, discussion and direction.
BACKGROUND:
Recently, the City has received numerous requests for service, public records requests, and Council meeting public remarks regarding solid waste containers visible from the public right of way.
Currently the City Municipal Code 13.80.090 Garbage Containers states that “It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain such premises or property with garbage or trash containers stored in front yards and visible from the public right -of-way, except when in places of collection on scheduled waste collection days.”
There is also specific language in the current City Municipal Code relating to R1 Single - Family Residential Districts that reads : 9.14.120 Trash Containers “Trash and recycling containers shall be located within the rear and side yards, behind a solid fence or gate, and shall not be visible from the public right -of-way, except when in places of collection on scheduled waste collection days.”
Through the City’s franchise agreement with Burrtec Waste & Recycling Services (Burrtec) for Integrated Solid Waste Management services, the City also has a program for the collection of large items that cannot be placed inside a residential cart or commercial dumpster. More specifically:
Residential Curbside Large Bulky Item Program
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• Cathedral City residents can schedule the removal of four large items each week for no additional charge with Burrtec.
Multi-Family Communities
• For condos, apartments, 55+ communities, trailer parks (those residential communities that have commercial dumpster service):
o Multi-family communities can place out four large bulky items per week for pickup in a pre-identified central location within the community / complex .
There is no extra charge for this service.
o The community manager is responsible for coordinating with the City on weekly pickups; the city processes the request and schedules the bulky item pickup with Burrtec.
Commercial Businesses
• Commercial businesses are allowed to place out four large bulky items per week for pickup and are required to schedule these removals with Burrtec. • If a commercial business is doing a renovation project, the business needs to order a roll off dumpster for the removal of construction debris. • Businesses are frequently victims of illegal dumping. Businesses may contact the City or use the MyCathedralCity Mobile APP to schedule the removal of items that were illegally dumped on their property.
Illegal dumping can be reported using the MyCathedralCity Mobile APP (formerly known as GoRequest). The requests are sent by City Staff to Burrtec or handled by the City’s homeless encampment cleanup contractor.
Any disabled resident who meets the Department of Motor Vehicles requirements for a N-1 permanent disabled placard is entitled to special residential walk-in backyard or side yard collection of refuse, recyclables, and green waste, at no charge . Residents can also pay Burrtec for walk in service which has the refuse truck driver pull the carts to the curb for service and then returns the carts to the back of house or behind a gate.
Currently, neighbors, and/or people , other than the property owner (or tenant), cannot call Burrtec directly to have bulky items removed that have been placed on and/or in front of another property . Burrtec’s policy is to pick up bulky items that the actual property owner schedules. This policy is a result of past issues where Burrtec picked up items placed in front of a resident’s property, the pickup was not requested by the actual resident, but was called in by someone other than the property resident . As a result, Burrtec was asked to re turn the items to the location because the homeowner intended to sell or donate the item(s) on the curb.
In summary of the above Burrtec bulky item pick up policy, residents are encouraged to utilize the MyCathedralCity APP to report issues, such as large items left out at the curb on other properties for an extended amount of time. Using the APP will allow the City to determine if there is an issue that the Code Compliance Division needs to address with the property owner or forward to C ity Public Works Maintenance Division S taff to
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schedule the removal of the items with Burrtec, the City’s on -call clean up contractor or City Crews.
DISCUSSION:
Between January 1, 2023, and December 12, 2023, the City has received a total of 140 service requests related to solid waste containers (mostly visibility from the public right of way), 78 of which originated from a single source (56%). The remaining 62 requests (44%) are from a conglomerate of sources comprised of City employees, anonymous sources, and other residents.
• January: 1
• February: 11 (6 Single Source Originated)
• March: 42 (29 Single Source Originated)
• April: 18 (12 Single Source Originated)
• May: 10 (6 Single Source Originated)
• June: 16 (3 Single Source Originated)
• July: 16 (11 Single Source Originated)
• August: 10 (1 Single Source Originated)
• September: 3
• October: 10 (9 Single Source Originated)
• November: 2
• December (Up to 12/12/2023): 1 (1 Single Source Originated)
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In this same period, the City received a total of 2,077 service requests. Complaints concerning solid waste containers constitute 6.7% percent of the total service requests during this period and rank 6th with respect to the top ranked code compliance issues, behind parking on landscaping, landscape maintenance, inoperable vehicles, and sidewalk vendors. By removing the single source complaints, it would be last in rank.
When these requests for service are mapped, it is further evident that the requests for service are concentrated in the Panorama neighborhood (see attached map). Based on this, Code Compliance Division Staff conducted an analysis of the neighborhood prior to its scheduled waste removal day to identify the extent of code issues in the neighborhood related to solid waste containers. The detailed analysis is attached to this Staff Report.
The report found that there are multiple streets in the Panorama neighborhood with containers visible from the street. The analysis was documented by photos, several of which are attached to this report. It found that most of the containers that were visible were placed adjacent to the home and in a way that still maintained a clean appearance. The report and photos also demonstrated that some of the properties with visible solid waste containers have limited to no access to the side or rear yard, making it potentially difficult and costly to comply with the code requirements.
The analysis of the Panorama neighborhood reflects what is observed elsewhere in the City. The most common issues are containers that are visible from the road right -of - way. A large number of residents throughout the City maintain their solid waste containers adjacent to the garage. In some neighborhoods, such as the Cove, this is the only feasible option as many of the homes do not have side gate access. Storing solid waste containers inside closed garages causes unpleasant odors to seep inside the dwelling as well as provide safe harborage to rodents and insects.
While there are exceptional circumstances and cases where solid waste containers have not been maintained and there is a problem with overflowing trash, these are limited in number and most complaints concern the placement of containers in front yards where they are visible from the street on days other than a scheduled trash day.
On the basis that: 1) the requests for service are limited in number; 2) a majority of these requests are from a single source and may not be reflective of the overall community; 3) the analysis of service requests does not reveal a pervasive community - wide problem; 4) a strict enforcement of the existing code declaring trash containers in the front yard a public nuisance may generate more community opposition than the resolution of the limited complaints; and 5) where there is an effective resource in place for bulky item pickup through Burrtec, Staff recommends revisions to the existing code language to grant more discretion to the Code Compliance Division S taff for enforcement or a change in the existing code to allow for the storage of solid waste containers to be visible from the road right -of-way so long as they are not overflowing and kept adjacent to the dwelling not to extend past the frontage. The code should also be modified to be internally consistent with the City’s Solid Waste Ordinance found in Section 6.04.110 of the Municipal Code. More specifically:
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9.14.120 Solid waste containers.
All containers, as defined in 6.04.110 of this code, including grey, blue, and green solid waste containers, Trash and recycling containers shall be located within the rear and side yards, behind a solid fence or gate, and shall not be visible from the public right-of-way, except when in places of collection on scheduled waste collection days or where it is determined to be infeasible to place such containers in a rear or side yard, in such case the containers shall be located adjacent to the dwelling unit.
9.24.150 Trash enclosures.
A. All trash enclosures shall comply with Section 9.94.110(K), “Refuse Areas” and constructed to the requirements of Chapter 9.88 except that:
1. For one - or two -family dwelling units with individual trash service, all containers, as defined in 6.04.110 of this code, including grey, blue, and green solid waste containers, shall be located within the rear and side yards, behind a solid fence or gate, and shall not be visible from the public right-of-way, except when in places of collection on scheduled waste collection days or where it is determined to be infeasible to place such containers in a rear or side yard.
This Solid Waste Container and Bulky Item Pickup Update presentation is for City Council information, discussion and direction.
FISCAL IMPACT:
This presentation is for the City Council’s information, discussion and direction.
The Code Compliance Division has researched tools that could be instituted that will allow officers to issue real time citations to enhance enforcement of the solid waste container violations as well as other code compliance violations. One of these is the deployment of new technologies such as DataTicket’s iPad application . This is estimated to cost approximately $20,000.00 to outfit the entire Code Division. More information on this application for enforcement can be provided if requested.
FIVE-YEAR STRATEGIC PLAN:
GOAL D: INNOVATION
Objective: Cathedral City continually focusses on improving service delivery and customer experiences by successfully leveraging technology and creative initiatives to improve public services, public safety, and stimulate economic growth.
GOAL E: SAFETY
Objective: Cathedral City is safe for all who live, work, visit, and play in our community.
GOAL F: EMBRACING, INCLUSIVE CITY
Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and affordable housing options, and vibrant businesses. Our neighborhoods are attractive and well -maintained and issues surrounding homelessness have been compassionately addressed with
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thoughtful, coordinated, and collaborative programs.
ATTACHMENTS:
GarbageContainerComplaints_2023YTD
Garbage Bins Memorandum
Solid Waste Cart Photos