REPORT TO THE CITY COUNCIL OCTOBER 8, 2015 FROM: Oliver L. Baines III, President of the City Council, Representing Council District 3, SUBJECT ..Title BILL - (For Introduction) Amending Subsection 10(c) of Section 6-205 of the Fresno Municipal Code relating to Container in View Requirements for trash containers ..Body RECOMMENDATION That the City Council adopts the changes to Subsection 10(c) of Section 6-205 of the Fresno Municipal Code ("FMC") relating to Container in View Requirements for trash containers. EXECUTIVE SUMMARY With the exception of limited cases approved by the Public Utilities Director, FMC Section 6-205, Subsection 10(c) requires that residential trash containers cannot be stored in open view in front or side yards, nor may they be stored in public rights of way (public roadways or walkways) ("Container in View Requirements"). The proposed amendment would modify the Container in View Requirements and require only that containers not be stored on any public rights of way. BACKGROUND The City's Container in View Requirements preclude residential trash customers from storing their trash containers in front and side yards, unless the containers are screened from view. Additionally, the requirements preclude storing containers in public rights of way. Due to the economic downturn faced by all, including the City of Fresno, a majority of the members of the City Council requested several years ago that the enforcement of the Container in View Ordinance prioritize more pressing health and safety issues. This informal policy shift has continued for several years causing confusion among residents who wish to see enforcement and fines of offending neighbors who fail to place containers behind a fence or screen their containers from view. It is proposed that the Container in View Requirement be modified to require only that trash containers not be stored in public rights of way. Keeping the prohibition on storing containers in public rights of way will continue to ensure that public rights of way remain unobstructed outside trash collection times (specified in FMC Subsection (c)(11) of Section 6-205), but also clean up an unenforced FMC provisions. ENVIRONMENTAL FINDINGS Not applicable as this is not a project for purposes of CEQA. LOCAL PREFERENCE Not applicable as this item does not involve the competitive process. FISCAL IMPACT There is no anticipated fiscal impact of the amendment. Attachment: Ordinance Bill