SOLUTION IN THE WORKS?
The very first unattended donation/collection bins in Oakland were installed by Campus California TG circa 2005. Over the next three years complaints generated by overflowing bins illegally placed on the public right of way steadily increased. The City responded by ordering Campus California to either apply for Encroachment Permits with a $925 fee or to remove them.
Campus California did the latter - relocating them to private properties and, over time, substantially increasing their number.
Passage of AB 918 in 2010 amended the California Institutions and Welfare Code, which had previously limited the use of unattended bins to charitable groups. This opened the floodgates for an assortment of for-profit businesses - some of which were masquerading as commercial fundraisers. As a result, the total number of boxes citywide increased exponentially - as did the level of concern over blight and other related issues.
This led to the formation of an ad hoc community group that continued to lobby for a city ordinance that would provide oversight and ensure that bins were properly maintained and labeled and limited to appropriate locations. Those efforts came to a head at the April 1, 2014 meeting of the full city council during which it became evident that the members were unanimous in supporting a very stringent ordinance that would cover the cost of the permit process and Code Enforcement. They also concurred on an Emergency Moratorium banning new boxes that was approved unanimously on April 28.
Over the next year and a half, the planners tasked with drafting the ordinance continued to gather input from the community, bin operators, the city council and the City Attorney's office. In the final draft, various directives from the April 1, 2014 Council meeting were incorporated but made less stringent. For example:
EDITOR'S NOTE: On November 6, 2015, Recycle for Change filed a request with the Ninth District Court for a preliminary injunction to halt implementation of the ordinance. On January 13, 2016, Judge William Orrick rejected the preliminary injunction but did agree to expedite a decision on the case.
With the injunction denied, the City of Oakland ordinance went into effect in February 2016. None of the bin operators filed for permits and the majority of the bins were removed but Recycle for Change put up token resistance and continued to maintain ten to twelve bins in Oakland for up to six months.
Meanwhile, RFC filed an appeal of the January 13 court decision which was heard by a three-judge panel. A decision on the appeal is expected by the end of the year.
RESOURCE MATERIALS:
Campus California did the latter - relocating them to private properties and, over time, substantially increasing their number.
Passage of AB 918 in 2010 amended the California Institutions and Welfare Code, which had previously limited the use of unattended bins to charitable groups. This opened the floodgates for an assortment of for-profit businesses - some of which were masquerading as commercial fundraisers. As a result, the total number of boxes citywide increased exponentially - as did the level of concern over blight and other related issues.
This led to the formation of an ad hoc community group that continued to lobby for a city ordinance that would provide oversight and ensure that bins were properly maintained and labeled and limited to appropriate locations. Those efforts came to a head at the April 1, 2014 meeting of the full city council during which it became evident that the members were unanimous in supporting a very stringent ordinance that would cover the cost of the permit process and Code Enforcement. They also concurred on an Emergency Moratorium banning new boxes that was approved unanimously on April 28.
Over the next year and a half, the planners tasked with drafting the ordinance continued to gather input from the community, bin operators, the city council and the City Attorney's office. In the final draft, various directives from the April 1, 2014 Council meeting were incorporated but made less stringent. For example:
- The "Track 1 Design Review" requirement was reduced to a "Small Project Design Review" with the application fee per box reduced from $1,251 to $535.
- The distance between bins reduced from a 2,500 foot minimum to 1,000 feet.
- Blight issues to be addressed within three days - not one.
EDITOR'S NOTE: On November 6, 2015, Recycle for Change filed a request with the Ninth District Court for a preliminary injunction to halt implementation of the ordinance. On January 13, 2016, Judge William Orrick rejected the preliminary injunction but did agree to expedite a decision on the case.
With the injunction denied, the City of Oakland ordinance went into effect in February 2016. None of the bin operators filed for permits and the majority of the bins were removed but Recycle for Change put up token resistance and continued to maintain ten to twelve bins in Oakland for up to six months.
Meanwhile, RFC filed an appeal of the January 13 court decision which was heard by a three-judge panel. A decision on the appeal is expected by the end of the year.
RESOURCE MATERIALS:
- "Courthouse News" summary of the lawsuit
- "Courthouse News" January 13, 2016 hearing
- Oakland City Attorney's Opposition Brief
- Ordinance Regulating Unattended Collection Bins
