HomeMy WebLinkAboutItem 8.2 Exemption From Mandatory Garbage Svc (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 13, 1992
SUBJECT: Status Report on Applications for Exemption from
Mandatory Garbage Service (Prepared by: Bo Barker,
Management Assistant)
EXHIBITS ATTACHED: Excerpt Ordinance 2-92, Section 5.32.111,
Relating' to Mandatory Garbage Service
Exemptions.
V
RECOMMENDATION: , Review Options and provide Direction
FINANCIAL STATEMENT: If exemptions are not granted residents may
be required to subscribe to a minimum level
of service.
DESCRIPTION: The City recently passed an ordinance instituting a
Mandatory Garbage Service Program for all households in the City of
Dublin. Since the beginning of the program, March 16, 1992 , 38
individual residents applied for an exemption from garbage service.
Livermore Dublin Disposal suspended service and billing for any
customer with an application for exemption which is pending.
An aspect of the Mandatory Garbage Service provides for the exemption
process. A resident completes an "Application for Exemption" and
submits it to the City Manager's Office. An on-site inspection of the
property is conducted to verify the information received on the
application for exemption. The City Manager will then make a
determination to approve or deny the application. If the application
is denied the resident has the right to appeal to the City Council.
This status report is an interim step because this is the first time
the City has used this process. The report describes the mandatory
program, reason for the law's initiation and identifies the types of
pending exemption requests received.
Reasons For Mandatory Garbage Service
At the time the Ordinance was enacted several reasons were cited for
imposing this requirement. The following are the significant factors:
* The cost of the service is economical since the minimum cost
of disposing waste on a weekly basis, at the closest
licensed facility, would cost over $34 per month.
* Protection of the entire community's health, safety, and
welfare suggest the regular weekly service needs to be
provided.
* State Law requires that the City exert greater control and
document the type and amount of garbage generated in the
City. The current law requires the City to track waste by
generator type (i.e. residential vs. commercial vs.
industrial) .
* State Law requires that by the year 2000, the City must
reduce the amount of garbage placed in the landfill by 50%.
One step toward this requirement is the curbside recycling
program which is included as part of the base level of
service. All residents benefit from the availability of
increased landfill space and therefore it is appropriate to
encourage residents to participate in the recycling program.
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COPIES TO: Dan Borges, LDD General Manager
ITEM NO. CITY CLERK
FILE 6 a •2
* The assurance that garbage service is provided regularly to
all residents should reduce the frequency of illegal dumping
in commercial dumpsters at a cost to the business.
Eliminates illegal participation in the special pick up
program by individuals who. are not customers and assures
that all residents contribute towards the cost of this
service.
* The provision of Mandatory garbage service is identified as
a program in the adopted Source Reduction and Recycling
Element (SRRE) , as required by AB 939.
Rate/Service Adjustments Implemented in Conjunction with Mandatory
Service
At the same time as the City Council approved the Mandatory Ordinance
a new class of service was also initiated. This class of service
provides for a 20 gallon container, curbside recycling, and the four
special Saturday pick-ups for $6. 65 per month. This assures that the
cost of the recycling program and special pick-ups are spread among
all rater payers. This low monthly rate also addresses small quantity
generators.
It should be noted that with the special Saturday Clean-ups it is
difficult for Livermore Dublin Disposal to easily identify non-
subscribers who benefit from the service. The Company uses staff from
all of its divisions in order to conduct the clean up. In addition,
non-subscribers can easily place garbage with a subscriber. Having
all occupied households as subscribers will spread the cost among all
potential participants.
Summary of Total Residents Not Currently Subscribing
There was a total of 308 residents which had not begun service as of
the start of the mandatory program. Since the Mandatory Garbage
Service Program began, the 308 residents were handled as follows:
38 Applied for an exemption
123 Subsequently signed up or paid for service. Some of
these individuals presumably had similar situations,
however, they elected to subscribe for service rather
than pursue an exemption.
147 Are currently delinquent since no request for exemption
has been filed and service is being offered. Property
owners were identified through the County Assessor
records and Livermore Dublin Disposal sent further
notices to owners.- Follow up work is continuing to
determine those who continue to be delinquent. The
following is a breakdown of property owner information.
All of the resident owners should be aware of the
requirements since all prior notices were mailed to the
property address.
72 - Non resident Owners
75 - Resident Owners
These numbers indicate there is a small minority of residents who
continue to be delinquent.
Summary of Exemption Applications
The applications for exemption have been reviewed and individual on
site property inspections are complete. Of the 38 applications two
(2) have been closed out due to a sale of the property and new tenants
have initiated service. Four (4) other applications have been
approved because the property is vacant.
The remaining 32 applications for exemption cite a variety of reasons
why they should be exempted from service. Staff was able to break the
applications for exemption into four (4) general categories.
# of
Applicants
15 The individual has the ability to take their waste to their
place of business or work location.
9 of the 14 own the business (5 of the 9 are Dublin business
owners) , 4 of the 14 own a landscaping business, and 2 of
the 14 work for a company which allows them to dispose of
their garbage at work.
9 A friend or relative picks up the waste for them.
5 Indicate they are employees of the garbage company and they
take their waste to work. Three of the five individuals
work for Livermore Dublin Disposal who have a company policy
that employees must subscribe to the mandatory garbage
service.
3 State they take it to the dump themselves.
As noted above a majority of the applications for exemption stem from
the individual having a business where they can dispose of their solid
waste. Some of the more specific reasons individuals have requested
exemption are:
1. They are on a fixed income and can't afford the service.
2 . They recycle, compost and have very little solid waste.
3 . They recycle and have a relative pick up their garbage.
4 . They work for an out of the area garbage company and take it
to work.
5. They produce small quantities of solid waste and share the
cost of the service with friends.
Other applications use one or a combination of the reasons listed
above as reasons why they should be exempted.
Recommendation
According to the ordinance, exemptions may be granted only if the
owner can demonstrate that no solid waste is produced or accumulated
on the property (Exhibit 1) . As the ordinance is currently written,
these 32 individuals would presumably be denied an exemption since
they acknowledged they produce waste.
Staff has presented this information in order to allow the City
Council an opportunity to review its policy on "exemption from garbage
service. " Some of the specific circumstances may not have been
anticipated when the ordinance and exemption process were originally
developed.
Staff recommends the City Council review the information and provide
additional direction. Exemption applicants will receive the
appropriate notices after the City Council has the opportunity to
consider the relevant issues.
r.
3 . Section 5 . 32 . 111 Failure to T.niti.ate Service
By March 16, 1992 , for dwelling units occupied on or before
March 1 , 1992, and within fifteen ( 15 ) days of occupancy for
residences occupied thereafter, the Owner shall begin solid
waste collection service or establish that the occupant is
entitled to an exemption.
The Director shall be authorized to grant such an exemption in
accordance with administrative procedures developed for this
purpose and as approved by Resolution of the City Council. At
a minimum said procedures shall require that the Owner
demonstrate that no solid waste is produced or accumulated in,
upon, or from such property. The Owner may be required to
4 . Section 5 . 32 . 112 Complaint of Non-Payment
Upon the expiration of not less than thirty (30 ) days
following the time at which an account becomes delinquent as
defined in Section 5 . 32 . 110 and the Collector has rendered
service and has presented either the Owner or Tenant with a
bill for such service, and if the bill has not been paid in
full, the Collector shall send to the Customer final written
request for payment.
This final written request shall include a warning notice that
if the service charges are not paid within thirty ( 30 ) days,
additional steps may be taken to collect the amount owed. The
notice shall include information with respect to the
possibility of the City recording a lien against the property
that the service was rendered, in the event that the City is
required to pay the charges . The form and content of the
warning notice sent by the Collector shall be approved by the
Director.
In addition, the Collector shall cause said thirty ( 30) day
written notice to be mailed to each Owner. The Collector
shall request from the Director, information identifying the
Owner to whom such described property is assessed in the last
equalized assessment roll available . The Collector shall then
notify the Owner of the non-payment of service charges and the
possibility of the City recording a lien as provided in
Section 5 . 32 . 115 . The format of said warning notice shall be
approved by the Director. The Collector shall maintain and
provide the Director with evidence of mailing said notice to
the Owner.
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