CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
3/24/2025
1 SUBJECT:
Adoption of Ordinance to Revise Section 6-5.103 - Section 6-5.105 Garbage Collections of the Pacifica Municipal Code
RECOMMENDED ACTION:
Waive second reading and adopt by title only an Ordinance repealing and replacing sections 6-
5.103, 6-5.104, and 6-5.105 of Chapter 5, “Garbage, Collection and Recycling” within Title 6, “Sanitation and Health” relating to the size of waste containers and frequency of collection.
STAFF CONTACT:
Louis Sun, P.E., Interim Public Works Director
(650) 738-4660
[email protected]
BACKGROUND/DISCUSSION:
This ordinance was introduced at the regular meeting of the City Council on March 10, 2025 and is now in order for adoption. Additional background was provided in the staff report with the ordinance introduction at the March 10, 2025 City Council meeting.
On July 9, 2024, the San Mateo County Civil Grand Jury issued a report titled “Restaurant Exteriors: The Neglected Space” (Attachment A, “Grand Jury Report”). The Grand Jury Report states that restaurant garbage and food waste is not always contained in designated exterior bins, and may overflow, attracting animals and other undesirable pests. While restaurant interiors are subject to County of San Mateo Health System standards and inspections, restaurant exteriors are subject to a variety of standards and inspection programs due to each jurisdiction having its own regulations for sanitation and safety for exteriors. Generally, inspections are done when complaints are received. The extent of issues varies based on the municipality, day of the week due to garbage collection days, and whether the back of the building is visible to the public.
The Grand Jury Report presents examples of restaurant exterior waste storage areas and areas below parklets in deficient, unsanitary, unsightly, and other conditions. The investigation found the standards for these areas to be inconsistent, and in some cases non-existent, with County and City policies. The Grand Jury Report includes recommendations for a proactive approach to handling garbage and parklet sanitation problems around restaurant exteriors and suggests approaches to preventative maintenance.
The City’s response (Attachment B) to the Grand Jury Report’s findings and recommendations focuses on recommendation number 4 (R4) of the Grand Jury Report, which states: By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.
The City’s Response to R4 stated the following:
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“Response to R4. This recommendation has yet to be implemented and will be implemented in the future. As mentioned in the City’s response to Finding 4, the Manor Shopping Center is one of the only commercial areas with reoccurring unacceptable restaurant trash conditions. The smaller businesses operating within the Manor Shopping Center have at least one to two trash pickups a week scheduled with Recology. Depending on the merchant or need, some sites have up to four pickups a week.
The City requires every business to subscribe to a garbage collection service, pursuant to Pacifica Municipal Code (PMC) section 6-5.103. The City’s current Garbage Collection ordinance allows for the size, design, and weight of the garbage containers as provided by the franchise agreement between the City and Recology of the Coast, pursuant to PMC section 6-
5.104. All garbage containers must be collected by Recology of the Coast at least once a week pursuant to PMC section 6-5.105. The current ordinance does not allow the City the authorization to regulate the size and quantity of garbage containers or to regulate the frequency of pickups beyond once a week.
Required Action: By June, 30, 2025, the City shall amend PMC section 6-5.104 to allow the City to require sites to increase the number of garbage containers and amend PMC section 6-5.105 to allow the City to require sites to increase the frequency of pickups, identified as insufficient by the City.”
Based on the City’s Response to R4, the proposed Ordinance amends Sections 6-5.103, 6-
5.104 and 6-5.105 of the Pacifica Municipal Code to authorize the City to regulate the size and quantity of garbage containers or to regulate the frequency of pick-ups beyond once a week.
The City’s Community Development and Public Works Departments have also collaborated along with EOA, Inc., the City’s contracted C.4 Stormwater Business Inspectors, to the City of Pacifica and San Mateo Countywide Water Pollution Prevention Program’s standards, to improve the overall program. Staff also discussed the revisions in the proposed Ordinance with Recology, which did not have any objections to the changes.
The proposed Ordinance makes the following changes to Title 6- Sanitation and Health, Chapter 5- Garbage Collections and Recycling, Article 1. Garbage Collection. The complete Article 1.
Garbage Collection municipal code with the amendments can be found on (Attachment C).
The proposed Ordinance would add a new subsection (g) in Section 6-5.103 to read as follows:
Sec. 6-5.103. Garbage: Collection services required: Responsibility of owners. ….(g) The City may require a different size or quantity of waste container(s) than the size or quantity assigned to or selected by the owner, as well as a higher frequency of collection beyond the subscribed or regularly scheduled service, if the volume of garbage, rubbish, or waste exceeds the capacity of the provided container(s) or the frequency of collection is inadequate for the garbage, rubbish or waste generated by the owner. The City shall notify the owner and the company in writing if the City determines that a different size or quantity of waste container(s) or a higher frequency of collection is required.
The proposed Ordinance would add conforming language to Section 6-5.104 and 6-5.105 by referencing the new language in subsection (g) as indicated by the underlined text below.
Sec. 6-5.104. Garbage: Receptacles: Size: Design.
All garbage, refuse, rubbish, and waste matter shall be placed by the person upon whose Pacifica City Council 3
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premises it shall have been produced or accumulated in containers of size, design, and weight as provided in the franchise agreement between the scavenger and the City however, the City may require a different size or quantity of waste container(s) than the size or quantity assigned to or selected by the owner as provided in section 6-5.103(g).
Sec. 6-5.105. Garbage: Receptacles: Delivery to scavengers.
The contents of garbage containers shall be delivered not less than once each week to the scavenger authorized by the City to collect garbage in accordance with the provisions of this chapter and the franchise agreement between the City and the scavenger however, the City may require a higher frequency of collection beyond the subscribed or regularly scheduled service, if the frequency of collection is inadequate for the garbage, rubbish or waste generated by the owner as provided in section 6-5.103(g).
ALTERNATIVE ACTION:
Decline to adopt the Ordinance with the proposed revisions to Sections 6-5.103, 6-5.104 and 6-
5.105 and provide direction to staff on compliance with R4 of the San Mateo County Grand Jury Report on Restaurant Exteriors.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of the response is consistent with the following Council-adopted Goal:
• Goal 2: Improve and steward City infrastructure, streets and facilities.
FISCAL IMPACT:
The fiscal impact of accepting this report and implementing the recommendations are minimal and can be addressed within budgeted resources. Any additional costs for services would be passed on to the customer based on the franchise agreement approved fee schedule.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The proposed Ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA), pursuant to the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), including without limitation under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment.
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Attachment A - Grand Jury Report on Restaurant Exteriors (PDF) Attachment B - Draft Responce to Civil Grand Jury Report (PDF) Attachment C -Redlines to Title 6_ Chapter 5_Article 1-Garbage_Collection - Code changes to sections 6-5.103 - 6-5.105 (DOCX)
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ORDINANCE NO. (ID # 5883)
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING SECTIONS 6-5.103, 6-5.104 AND 6-5.105 OF CHAPTER 5, “GARBAGE, COLLECTION AND RECYCLING” WITHIN TITLE 6, “SANITATION AND HEALTH”
RELATING TO SIZE OF WASTE CONTAINERS AND FREQUENCY OF COLLECTION WHEREAS, on July 9, 2024, the San Mateo County Civil Grand Jury issued a report titled “Restaurant Exteriors: The Neglected Space” (“Grand Jury Report”), which included, among other things, a recommendation for a proactive approach to handling garbage and parklet sanitation problems around restaurant exteriors and suggests approaches to preventative maintenance; and
WHEREAS, Recommendation Number 4 (“R4”) of the Grand Jury Report, recommends that by June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increased the frequency of pick-ups; and WHEREAS, the City’s response to R4 of the Grand Jury Report indicates that WHEREAS, Grand Jury Report, Recommendation No. 4 provides that the City shall amend PMC section 6-5.104 to allow the City to require sites to increase the number of garbage containers and amend PMC section 6-5.105 to allow the City to require sites to increase the frequency of pickups, identified as insufficient by the City.
NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:
Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Amendment. Sections 6-5.103, “Garbage: Collection services required:
responsibility of owners”, 6-5.104, “Garbage: Receptacles: Size: Design”, and 6-5.105, “Garbage: Receptacles: Delivery to scavengers” within Chapter 5, “Garbage, Collection and Recycling” of Title 6, “Sanitation and Health” shall be repealed and replaced in its entirety to read as follows:
“Sec. 6-5.103. Garbage: Collection services required: Responsibility of owners. (a) The owner of each and every residential unit, and each and every occupied hotel, motel, apartment house, and rooming house, and each and every premises occupied for business, commercial, or industrial use shall subscribe to and pay for refuse collection services as provided in this chapter.
(b) The provisions of this section are not intended to prevent an arrangement of, or the continuance of, an existing agreement under which the subscription to and payment for such refuse collection services are made by a tenant or any agent on behalf of an owner.
However, such arrangement or future arrangements shall not relieve the owner's obligation as provided in this chapter.
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(c) The scavenger shall provide with each regular billing information on the more common refuse collection rates, a telephone number for customers to contact the company for service and billing information, and notice that refuse collection service is mandatory in the City and requires new residents to make arrangements for such service within fifteen (15) days after occupancy. The scavenger shall also send out a more detailed notice on all refuse collection rates to all City property owners and tenants once each year. (d) It shall be the responsibility of the owner of each parcel of property occupied for residential, commercial, or industrial use to request the scavenger to initiate refuse collection service as provided in this chapter within fifteen (15) days after the occupancy of any premises required to have refuse collection. If an owner shall fail to request the initiation of refuse collection service as provided in this chapter, the scavenger shall initiate and continue refuse collection service for such premises and bill the owner for such service. (e) Owners who are delinquent in their payment for refuse collection services shall be subject to the penalties set forth in the franchise agreement between the scavenger and the City and the collection provisions of Section 6-5.112 of this chapter. (f) The company shall establish a process for receiving and acting upon customer complaints.
The company shall inform customers of the procedure for filing a complaint and shall provide forms for such purpose. The company shall maintain a record of all customer complaints filed, including the name and address of the customer, a description of the complaint, the time the complaint was received, and the action taken in response to the complaint. The records shall be maintained at the company's office and shall be available for inspection by the City during the company's office hours. (g) The City may require a different size or quantity of waste container(s) than the size or quantity assigned to or selected by the owner, as well as a higher frequency of collection beyond the subscribed or regularly scheduled service, if the volume of garbage, rubbish, or waste exceeds the capacity of the provided container(s) or the frequency of collection is inadequate for the garbage, rubbish or waste generated by the owner. The City shall notify the owner and the company in writing if the City determines that a different size or quantity of waste container or a higher frequency of collection is required.
Sec. 6-5.104. Garbage: Receptacles: Size: Design.
All garbage, refuse, rubbish, and waste matter shall be placed by the person upon whose premises it shall have been produced or accumulated in containers of size, design, and weight as provided in the franchise agreement between the scavenger and the City however, the City may require a different size or quantity of waste container than the size or quantity assigned to or selected by the owner as provided in section 6-5.103(g).
Sec. 6-5.105. Garbage: Receptacles: Delivery to scavengers.
The contents of garbage containers shall be delivered not less than once each week to the scavenger authorized by the City to collect garbage in accordance with the provisions of this chapter and the franchise agreement between the City and the scavenger however, the City may require a higher frequency of collection beyond the subscribed or regularly scheduled service, if the frequency of collection is inadequate for the garbage, rubbish or waste generated by the owner as provided in section 6-5.103(g).”
All other sections of Article 1 of Chapter 5, Title 6 of the Pacifica Municipal Code shall remain unchanged.
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Section 3. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA), pursuant to the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), including without limitation under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment.
Section 4. Severability. If any section, subsection, sentence, clause, or phase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
Section 5. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council of the City of Pacifica, California, and cause the same to be published in accordance with State law.
Section 6. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law. • • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of March 2025, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
____________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney Pacifica City Council 7
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(ID # 5883) at 3/24/2025 5:00 PM City Council Regular Meeting