CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: {{item.number}} Section Name: {{section.name}} Account Number: 10-1711 File ID: {{item.tracking_number}} TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: November 04, 2024
SUBJECT:
Gardening Waste – Ordinance Introduction
RECOMMENDATION:
Introduce an Ordinance prohibiting gardening waste from being deposited into the public right of way.
BACKGROUND:
On April 15, 2024, the City Council adopted its Priority List for fiscal year 2024-25. Amongst the priorities approved by the Council was an item directing the City Attorney’s Office to conduct legal research and survey other local jurisdictions with respect to an ordinance addressing gardening waste. Initiated by Council Member Hedges, the intent of the priority item was to require gardeners to collect leaves, grass and clippings, and to require residents to do the same, rather than allowing such material to be deposited into the public right of way where it could contribute to clogged infrastructure and/or flooding.
Gardening material must already be deposited into green bins for collection under the City’s organic waste collection ordinance adopted pursuant to AB 1383. Additionally, the San Mateo Municipal Code currently prohibits material or matter blown by leaf blowers from being blown onto neighboring properties or onto the public right of way, including streets and sidewalks, without being immediately removed.
DISCUSSION:
The proposed ordinance would prohibit gardening waste from being deposited into the streets of the City without being immediately removed. The ordinance defines “gardening waste” as leaves, grass clippings, weeds, plants, tree trunks, branches, wood shavings, dirt, and other vegetative or organic material produced from the care and maintenance of landscaped areas, gardens, and lawns. However, it does not prohibit the storage of gardening waste in authorized receptacles for collection. Note that the ordinance does not include a specific threshold of gardening waste for a violation to occur. Also, enforcement may be challenging with respect to proving that a person or entity committed a violation, as opposed to leaves or other material being blown by the wind into the street. Nevertheless, City staff will respond to complaints as they occur.
Other jurisdictions in San Mateo County commonly prohibit persons from discharging certain material into sewerage facilities where it can cause obstruction, and also ban the dumping of organic waste matter onto public streets. These types of regulations prohibiting illegal dumping or littering are intended to protect the public health and safety as well as for aesthetic reasons, both of which are well within the police powers of the City. Such rules can also help to protect public infrastructure, thereby saving taxpayer dollars, and help prevent isolated ponding or flooding where storm drain catch basins could become clogged with debris.
If the ordinance is introduced at this meeting, it would be scheduled for adoption on November 18, 2024.
CITY OF SAN MATEO
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BUDGET IMPACT:
Implementation of the proposed ordinance would require staff time related to enforcement, which would be complaint driven, similar to other existing municipal code provisions.
ENVIRONMENTAL DETERMINATION:
This proposed ordinance is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Ordinance
STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020