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HomeMy WebLinkAbout2004-2392 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2004-239 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE FEES AND RATES TO BE CHARGED FOR THE COLLECTION OF REFUSE, GREEN WASTES AND RECYCLABLES, AND REPEALING RESOLUTION 98-228, AND AMENDMENTS THERETO. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The fees and charges set forth herein shall apply to the collection of refuse, green wastes, recyclables and other materials by the City of San Bernardino Public Services Refuse Division. SECTION 2. Collection of Refuse, Green Wastes and Recyclables — Automated Residential Collection Services — General Provision. The standard service level unit for automated collection shall be defined as the provision to each lawfully established service address, three City owned 64- or 96-gallon automated carts, color coded black for refuse, blue for commingled recyclables and green for green wastes. Services are rendered once per week, on said collection day as determined by the Director of Public Services or his designee. Said service is and shall be subject to all requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino Municipal Code, as well as other applicable County, State or Federal laws or regulations. SECTION 3. Collection of Refuse, Green Wastes and Recyclables — Automated Residential Collection Services — Single Family Units, Multiple Family Units and Mobile Home Parks Receiving Automated Green Wastes Services For the collection of refuse, green wastes and recyclables, the owner or other fiscally responsible agent of said property located within the corporate boundaries of the City of San Bernardino shall pay on a monthly basis according to the following schedule: Monday, June 28, 2004 1 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Single Family Residential Unit, including an individual Mobile Home receiving three (3) carts (one service unit) $19.86 Duplex Residential Unit (one service unit) $19.86 Triplex Residential Unit (two service units) $39.72 Four-plex Residential Unit (two service units) $39.72 Five-plex Residential Unit (three service units) $59.58 Six -unit Residential Unit (three service units) $59.58 Seven —unit Residential Unit (four service units) $79.44 Eight —unit Residential Unit (four service units) $79.44 Each additional two (2) residential units shall require an additional service unit at the rate of $19.86 per each additional two- residential units. The determination as to whether an individual location may be adequately serviced by automated collection shall be made at the discretion of the Director of Public Services or his designee. The rates set forth in Section 3 shall not be applicable to mobile home parks which do not receive automated green wastes services; however, all other requirements set forth in Section 5 shall be applicable to mobile home parks. SECTION 4. Collection of Refuse, Green Wastes and Recyclables — Automated Residential Collection Services — Additional Carts. Each automated collection customer may be permitted to receive an additional 64- or 96-gallon automated cart color coded black for refuse, blue for commingled recyclables and green for green wastes for the following rate: Additional black cart Additional blue cart Additional green cart $11.28 per month $ 8.07 per month $ 9.87 per month Monday, June 28, 2004 2 2004-239 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Said additional cart charge shall be added to the regular monthly charges set forth in Section 3 of this resolution. It shall be the responsibility of the automated collection customer to maintain their carts in a clean and sanitary manner and to secure their carts when not placed out for collection. In the event that an automated collection customer requests that a cart be replaced due to willful negligence, or destruction of the cart due to an act by the customer, the customer may be charge a $65.00 replacement fee for each cart, subject to the determination of the Director of Public Services or their designee. SECTION 5. Collection of Refuse, Green Wastes and Recyclables — Automated Residential Collection Services — Mobile Home Parks Not Receiving Automated Green Wastes Services. The standard service level unit for automated collection rendered in mobile home parks that do not receive green wastes service shall be defined as the provision to each individual coach, two City owned 64- or 96- gallon automated carts, color coded black for refuse and blue for commingled recyclables. Services are rendered once per week, on said collection day as determined by the Director of Public Services or their designee. Said service is and shall be subject to all requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino Municipal Code. The rate per individual coach shall be $13.25 per month. The total amount due for collection services rendered within each mobile home park shall be the total number of occupied spaces for which the mobile home park's owner or authorized agent is collecting rent. It shall be the mobile home park owner or authorized agent's responsibility for coordinating service establishment between the mobile home park tenant and the City. It shall be the mobile home park owner or authorized agent's responsibility to report to the Department of Public Services on the Monday, June 28, 2004 3 2004-239 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fifth business day of each month, the total number of occupied spaces within the park for the previous calendar month. Payment for the total amount for collection services rendered within a mobile home park shall be the responsibility of the mobile home park owner or authorized agent upon submission of an invoice. Nothing in this section shall preclude the owner or authorized agent of a mobile home park from individually billing or otherwise collecting reimbursement from the tenants located therein the mobile home park for the collection services provided. SECTION 6. Collection of Refuse, Green Wastes and Recyclables — Manual Collection Services for Small Businesses. This service level unit shall be offered to any small business which, in the determination of the Director of Public Services or his designee, is unable to receive either automated collection service or front load collection services because of either a lack of volume or inaccessibility to the business by either the automated collection truck or the front -load collection truck. This rate shall be $94.50 per month for once per week service. Additional services per week shall be charged by multiplying the rate of $94.50 per month by the total number of days per week of service required. Services are rendered on said collection day as determined by the Director of Public Services or his designee. Said service is and shall be subject to all requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino Municipal Code, as well as other applicable County, State or Federal laws or regulations. SECTION 7. Collection of Refuse, Green Wastes and Recyclables — Commercial, Multiple Family Residential, Professional and Industrial Accounts — Service Establishment and Deposits. The owner or authorized agent shall contact the City of San Bernardino Public Services Department Refuse Division in order to establish commercial refuse, green wastes or recyclables collection service at a Monday, June 28, 2004 4 2004-239 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 lawfully established business or service address within the City. The owner or authorized agent shall execute an Application/Receipt for Solid Waste Services with the City, which provides all necessary billing and service information. A deposit in the amount of $100.00 or the first month's estimated cost of service, whichever is greater, for each new account shall be made at the time that the Application/Receipt for Solid Waste Services is completed. Said deposit must be received prior to commencement of services. This deposit shall be retained by the City and applied to any closing bill upon termination of services. Any amount of deposit in excess shall be refunded. In the event that collection service has been discontinued for non-payment, the City may require payment of said non -paid bill and a security deposit equal to three times the average monthly service for all billed services before service will be restored. All payments on the day service stopped must be in the form of cash, cashier's check, money order or credit card only. All payments after the account is shut off must be in the form of cash, cashier's check, money order or credit card only. Non -receipt of bills is not a reasonable excuse for non-payment. SECTION 8. Collection of Refuse, Green Wastes and Recyclables — Commercial, Multiple Family Residential, Professional and Industrial Accounts Using Front Load Bins — General Provisions. A. The City of San Bernardino shall provide front load bin service to all lawfully established service addresses in which the owner or authorized agent has either entered into a Service Contract with the City to provide said service, or who has historically received City service. The City may provide front load bin service ranging in size from 2-cubic yard to 6-cubic yard, and the frequency of service from one -day per week to six -day per Monday, June 28, 2004 5 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 week in order to meet the refuse, recyclables and green waste service needs of the customer. Said service is and shall be subject to all requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino Municipal Code, as well as other applicable County, State or Federal laws or regulations. B. Any customer who is receiving six -day per week collection service and is not serviced six times during any calendar week due to a Federal, State or Locally declared holiday in which the City Refuse Division does not operate, shall not be entitled to a refund or credit to their account for the missed day of service. C. It is the responsibility of the owner or authorized agent to provide an adequate and appropriate location for the safe and proper storage of refuse, recyclables or green wastes bins while on the owner or authorized agent's property, and to clean, repair and maintain all refuse bin enclosures or compactors in order to reduce, prevent and eliminate all potential health, safety or code violations and in accordance with established City standards. The Director of Public Services or his designee shall have the authority to impose an administrative fee of $25 per service day to an individual service address in the event that such collection would pose a potential health risk, safety hazard or danger to employees or the public and is not corrected within ten (10) business days of written notice to the owner or authorized agent of the property. D. The Director of Public Services or his designee shall have the authority to suspend refuse service for the failure to pay any delinquent payment balances due the City by the customer within thirty (30) days, upon Monday, June 28, 2004 0 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 written notice to the owner or authorized agent of the property. Said written notice shall be sent by mail to the most current billing address on file with the City of San Bernardino, Public Services Department. A copy of said written notice shall be sent to the City of San Bernardino Fire Department, City of San Bernardino Code Compliance Department and the County of San Bernardino Environmental Health Department. SECTION 9. Collection of Refuse, Green Wastes and Recyclables — Commercial, Multiple Family Residential, Professional and Industrial Accounts Using Front Load Bins; Rates and Frequencies. For the collection of refuse, green wastes and recyclables, the owner or other fiscally responsible agent of said property located within the corporate boundaries of the City of San Bernardino shall pay on a monthly basis for the size of bin and frequency of service according to the following schedules. Refuse Collection Service. The following schedule shall be applicable for refuse collection services: 2-Yard and under Front Load Refuse Bin One time per week $95.00 Two times per week $174.00 Three times per week $258.00 Four times per week $340.00 Five times per week $420.00 Six times per week $561.00 3-Yard Front Load Refuse Bin One time per week $101.00 Two times per week $192.00 Monday, June 28, 2004 7 2004-239 Three times per week $284.00 1 Four times per week $373.00 2 3 Five times per week $464.00 4 Six times per week $712.00 5 4-Yard Front Load Refuse Bin 6 One time per week $111.00 7 Two times per week $210.00 8 Three times per week $309.00 9 Four times per week $407.00 10 11 Five times per week $505.00 12 Six times per week $878.00 13 6-Yard Front Load Refuse Bin 14 One time per week $161.00 15 Two times per week $307.00 16 Three times per week $454.00 17 18 Four times per week $605.00 19 Five times per week $743.00 20 Six times per week $883.00 21 Recyclable Collection Service. Commingled recyclable collection services 22 are provided in conjunction with, and in addition to, the charges for the collection of 23 refuse. The following schedule shall be applicable for commingled recyclable 24 collection service: 25 26 Any size Front Load Recycling Bin 27 One time per week $83.00 28 Two times per week $166.00 Monday, June 28, 2004 8 2004-239 1 Three times per week $249.00 Four times per week $333.00 2 3 Five times per week $416.00 4 Green/Organic Collection Service. Green wastes collection services, 5 including the collection of compostable wastes, are provided in conjunction with and in 6 addition to the charges for the collection of refuse. The following schedule shall be 7 applicable for green/organic collection service: 8 2-Yard and under Front Load Green Wastes Bin 9 One time per week $91.00 10 11 Two times per week $168.00 12 Three times per week $247.00 13 Four times per week $326.00 14 Five times per week $404.00 15 3-Yard Front Load Green Wastes Bin 16 One time per week $97.00 17 18 Two times per week $183.00 19 Three times per week $268.00 20 Four times per week $353.00 21 Five times per week $437.00 22 4-Yard Front Load Green Wastes Bin 23 One time per week $106.00 24 Two times per week $197.00 25 26 Three times per week $289.00 27 Four times per week $382.00 28 Five times per week $473.00 Monday, June 28, 2004 9 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24' 25 26 27 28 6-Yard Front Load Green Wastes Bin One time per week $122.00 Two times per week $227.00 Three times per week $334.00 Four times per week $428.00 Five times per week $544.00 SECTION 10. Collection of Refuse, Green Wastes and Recyclables — Commercial, Multiple Family Residential, Professional and Industrial Accounts Using Front Load Bins — Additional Pick-up or On -Call Services. A customer receiving refuse collection services rendered by front load bins may request and receive an extra pick-up service at their location. The customer shall contact the City of San Bernardino, Public Service Department, Refuse Customer Service Center no later than noon for same day service. Requests for extra pick-up received after noon may be held for service the next regularly scheduled service day. The Director of Public Services or his designee shall have the authority to temporarily modify or suspend provision of extra pick-ups, based on availability of equipment and resources as necessary. The rate for an additional pick-up service for refuse, green wastes or organic collection shall be as follows: 2-Yard and Under Refuse Collection $21.00 3-yard Refuse Collection $23.00 4-yard Refuse Collection: $26.00 6-yard Refuse Collection $30.00 The rate for an additional recyclables pick-up service or on -call recyclable collection service shall be $19.00 per pick-up. Monday, June 28, 2004 10 2004-239 1 SECTION 11. Collection of Refuse, Green Wastes and Recyclables — 2 Commercial, Multiple Family Residential, Professional and Industrial Accounts 3 Using Front Load Bins — Split Bins, Residential Clean-up Special, Temporary Bin 4 Services and Bin Roll -out Service. The City of San Bernardino shall offer the 5 following specialized services using Front Load Bins for split bins, residential clean-up 6 specials or temporary bin service to all service addresses located within the City: Split Front Load Refuse Bins. A split front load refuse bin shall be defined as 8 9 a standard size 3-cubic yard, 4-cubic yard or 6-cubic yard front load refuse bin which 10 has been physically divided front to back into two separate volumes in order to I accommodate both refuse and commingled recycling services within the same bin. In 12 any service location where there is only room for a single refuse bin, and the customer 13 requests both refuse and commingled recycling services at their location, the City may 14 provide a split bin to service that location. Pricing for this service shall be at the same 15 basic rates set forth for the appropriate volume and frequency of services stated in 16 17 Section 9. For example, a 4-cubic yard bin which has been split for refuse and 18 commingled recyclables shall have the same rate as if a 2-cubic yard refuse bin and a 19 2-cubic yard commingled recyclable bin were placed at the same physical location. 20 Use of a split bin shall be subject to the authorization of the Director of Public Services 21 or his designee. 22 Residential Clean-up Special A residential clean-up special shall be defined 23 as a 3-cubic yard or 4-cubic yard front load refuse bin which is provided to a 24 25 residential customer for a maximum of seven (7) calendar days from date of bin 26 delivery for use by a resident for clean-up purposes. The bin shall be placed in the 27 public street at the curb in front of the address for use by the customer. A residential 28 clean-up special shall be serviced at the time of removal for a total of one service. Monday, June 28, 2004 2004-239 Additional services may be provided during the seven-day period at the same rate per 1 2 bin size as set forth in Section 10, subject to available personnel and equipment. 3 The rate for a residential clean-up special shall be $60.00. 4 Temporary Bin Service. Temporary bin service is defined as the temporary 5 provision of a 3-cubic yard or 4-cubic yard front load refuse bin to an address for a 6 initial period of ninety (90) calendar days from date of bin delivery. The bin shall be 7 delivered to the address and placed in a safe and secure manner as determined by 8 the Director of Public Services or his designee. The Director of Public Services or his 9 10 designee may authorize up to an additional ninety (90) days for provision of temporary 11 bin service; however, under no circumstances shall temporary bin service be provided 12 at a single location for more than one -hundred -eighty (180) days. The rate for a 13 temporary bin service shall be calculated as follows: 14 Delivery and pick-up of the bin to service address: $113.00 15 On -call service, each pick-up $25.50 16 Bin Rental at $1.25 per day, actual days from delivery to removal. 17 18 Bin Roll -out Service. Bin Roll -out service is provided in those instances in 1 g I which either the bin placement at the service address is not accessible to a front -load 20 refuse truck and requires the assistance of a second service vehicle, or is located in 21 such a manner as to require the bin to be manually rolled out and back from its 22 placement a distance greater than 100 feet. The determination of the need for bin roll- 23 out service shall be made by the Director of Public Services or his designee. The 24 customer shall be notified in advance by Refuse Customer Service of the need for bin 25 26 roll -out service at the address, and the charges associated with the bin roll -out service. 2711 The customer shall approve this service prior to its provision Monday, June 28, 2004 12 I Said service shall be provided to the customer at the rate of $57.00 per roll -out 2 and replacement, and shall be in addition to all other refuse collection charges. 3 SECTION 12. Collection of Refuse, Green Wastes and Recyclables — 4 Commercial, Multiple Family Residential, Professional and Industrial Accounts 5 Using Front Load Bins; 2-cubic yard to 4-cubic yard compactor service. The 6 responsibility for the cleaning, servicing and repair of the compactor shall be the 7 responsibility of the owner or authorized agent of the service address where the 8 9 compactor is located. The rate for existing 2-cubic yard to 4-cubic yard compactors 10 shall be as follows: 11 2-Cubic Yard Front Load Serviced Compactor Refuse Bin 12 One time per week $111.00 13 Two times per week $208.00 14 Three times per week $306.00 15 Four times per week $404.00 16 17 Five times per week $501.00 18 Six times per week $878.00 19 3- and 4-Cubic Yard Front Load Serviced Compactor Refuse Bin 20 One time per week $131.00 21 Two times per week $244.00 22 Three times per week $359.00 23 Four times per week $469.00 24 25 Five times per week $587.00 26 Six times per week $784.00 27 28 Monday, June 28, 2004 2004-239 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 13. Collection of Refuse, Green Wastes and Recyclables — 10-cubic yard to 40-cubic yard Roll -off or Compactor Services — General Provisions. A. The City of San Bernardino may provide 10-cubic yard to 40-cubic yard roll -off or compactor services to any lawfully established service addresses or location in which the owner or authorized agent has entered into an Application/Receipt for Solid Waste Services with the City to provide said service. The City may provide frequency of service from one day per week to six days per week in order to meet the refuse, recyclables and green waste service needs of the customer. Said service is and shall be subject to all requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino Municipal Code, as well as other applicable County, State or Federal laws or regulations. B. Any customer who is receiving six -day per week collection service and is not serviced six times during any calendar week due to a Federal, State or Locally declared holiday in which the City Refuse Division does not operate, shall not be entitled to a refund or credit to their account for the missed day of service. C. It is the responsibility of the owner or authorized agent to provide an adequate and appropriate location for the safe and proper storage of refuse, recyclables or green wastes bins while on the owner or authorized agent's property, and to clean, repair and maintain all compactors on a regular and timely basis in order to reduce, prevent and eliminate all potential health, safety or code violations. The Director of Public Services or his designee shall have the authority to impose an Monday, June 28, 2004 14 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 administrative fee of $25 per service day to an individual service address in the event that such collection would pose a potential health risk, safety hazard or danger to employees or the public and is not corrected within ten (10) business days of written notice to the owner or authorized agent of the property. Said written notice shall be sent by mail to the most current billing address on file with the City of San Bernardino, Public Services Department. D. The Director of Public Services or his designee shall have the authority to suspend refuse service for the failure to pay any delinquent payment balances due the City by the customer within sixty (60) days upon written notice to the owner or authorized agent of the property. Said written notice shall be sent by mail to the most current billing address on file with the City of San Bernardino, Public Services Department. A copy of said written notice shall be sent to the City of San Bernardino Fire Department, City of San Bernardino Code Compliance Department and the County of San Bernardino Environmental Health Department. SECTION 14. Collection of Refuse, Green Wastes and Recyclables — 10-cubic yard to 40-cubic yard Roll -off or Compactor Services — Service Establishment and Deposits. The owner or authorized agent shall contact the City of San Bernardino Public Services Department Refuse Division in order to establish commercial refuse, green wastes or recyclables Roll -off or compactor collection service at a lawfully established service addresses or location within the City. The owner or authorized agent shall execute an Application/Receipt for Solid Waste Services with the City, which provides all necessary billing and service information. Monday, June 28, 2004 15 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281I A deposit equal to the cost of service for each new roll -off or compactor account shall be made at the time that the Application/Receipt for Solid Waste Services is completed. Said deposit must be received prior to commencement of services. This deposit shall be retained by the City and applied to any closing bill upon termination of services. SECTION 15. Collection of Refuse, Green Wastes and Recyclables — 10-cubic yard to 40-cubic yard Roll -off or Compactor Services - Rates and Frequencies. For the collection of refuse, green wastes and recyclables, the owner or other fiscally responsible agent of said property located within the corporate boundaries of the City of San Bernardino shall pay for the size of bin and frequency of service according to the following schedules: Open -top Roll -off Refuse Bin Service The following schedule shall be applicable for open -top roll -off refuse collection services on a per pull basis: $284.00 per pull/service plus $37.84 per ton with the following tonnage limits per size of roll -off box. 10-cubic yard roll -off with 2 ton limit. 20-cubic yard roll -off with 5 ton limit. 30-cubic yard roll -off with 7 ton limit. 40-cubic yard roll -off with 8 ton limit. On open -top roll -off refuse service bins which shall remain in place and be regularly serviced at a single location for a period greater than twelve calendar days, a daily rental of $2.25 per day shall be charged from the day of delivery to the day of removal. Said rental fee shall be in addition to the above schedule. Monday, June 28, 2004 16 2004-239 Compactor Refuse Bin Service. The following schedule shall be applicable for 10- 2 1 cubic yard to 40-cubic yard compactor services on a per pull basis: 3 $284.00 per pull/service plus $37.84 per ton with the following tonnage limits 4 per size of compactor. 5 10-cubic yard roll -off with 2 ton limit. 6 20-cubic yard roll -off with 5 ton limit. 30-cubic yard roll -off with 7 ton limit. 8 40-cubic yard roll -off with 8 ton limit. 9 Open -top Roll -off Green/Uncontaminated Wood Wastes Bin Service. The 10 11 following schedule shall be applicable for open -top roll -off green wastes / 12 uncontaminated wood wastes collection services on a per pull basis: 13 $284.00 per pull/service plus actual cost per ton of Green Waste / 14 Uncontaminated Wood waste as charged by the green waste processing facility to the 15 City with the following tonnage limits per size of roll -off box. 16 30-cubic yard roll -off with 7 ton limit. 17 18 40-cubic yard roll -off with 8 ton limit. 19 On open -top roll -off green wastes / uncontaminated wood wastes bins which 20 shall remain in place and be regularly serviced at a single location for a period greater 21 than twelve calendar days, a daily rental of $2.25 per day shall be charged from the 22 day of delivery to the day of removal. Said rental fee shall be in addition to the above 23 schedule. 24 Compactor Compostables Bin Service. The following schedule shall be 25 26 applicable for 10-cubic yard to 40-cubic yard compactor services in which the material 27 primarily consists of food wastes or other compostables and which the owner or 28 authorized agent at the location is actively participating in the City's Recycling program Monday, June 28, 2004 17 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as determined by the Director of Public Services or his designee. The rate set forth below is on a per -pull basis: $284.00 per pull/service plus actual cost per ton of Green Waste / Uncontaminated Wood waste as charged by the green waste processing facility with the following tonnage limits per size of roll -off box. 10-cubic yard roll -off with 2 ton limit. 20-cubic yard roll -off with 5 ton limit. 30-cubic yard roll -off with 7 ton limit. 40-cubic yard roll -off with 8 ton limit. Open -top Roll -off Recycling Bin Service. The following schedule shall be applicable for open -top roll -off recycling collection services on a per pull basis: 30-cubic yard roll -off with 7 ton limit: $284.00 40-cubic yard roll -off with 8 ton limit: $284.00 The determination of whether a material is recyclable and therefore is eligible for this rate schedule shall be at the discretion of the Director of Public Services or his designee. In addition, the owner or authorized agent at the location must be actively participating in the City's Recycling program in order to receive this rate. For the purpose of this resolution, the definition of a recyclable material shall be the same as defined in City of San Bernardino Municipal Code Chapter 8.24, et seq. On open -top roll -off recycling bins which shall remain in place and be regularly serviced at a single location for a period greater than ten calendar days, a daily rental of $2.25 per day shall be charged from the day of delivery to the day of removal. Said rental fee shall be in addition to the above schedule. Monday, June 28, 2004 18 2004-239 1 Compactor Recycling Bin Service. The following schedule shall be applicable for 2 10-cubic yard to 40-cubic yard compactor recycling collection services on a per pull 3 basis. The determination of whether a material is recyclable and therefore is eligible 4 for this rate schedule shall be at the discretion of the Director of Public Services or his 5 designee. For the purpose of this resolution, the definition of a recyclable material 6 shall be the same as defined in City of San Bernardino Municipal Code Chapter 8.24, et seq. 8 10-cubic yard compactor with 2 ton limit: $284.00 9 10 20-cubic yard compactor with 5 ton limit: $284.00 11 30-cubic yard compactor with 7 ton limit: $284.00 12 40-cubic yard roll -off with 8 ton limit: $284.00 13 Overweight Charges The customer shall be responsible for payment of any 14 weight over the weight limits set forth within Section 15, and shall be billed 15 accordingly. The overweight charge shall be calculated by multiplying the number of 16 17 tons over the ton limit by the current County of San Bernardino Waste Systems 18 Division tipping fee as set forth in accordance to the terms and conditions of the Waste 19 Delivery Agreement between the City and the County of San Bernardino, plus a $10 20 per ton overweight penalty fee. This additional charge shall be billed to the customer, 21 and shall be due and payable immediately. 22 In the event that the Director of Public Services or his designee determines that 23 a bin is so overweight that the safe movement of said bin would not be feasible, it shall 24 25 be the responsibility of the customer to reduce the weight of the bin to an acceptable 26 level at the customer's own cost. In the event that the customer does not reduce the 27 weight of the bin to a safe level within five days of receipt of a red -tag, the customer 28 shall be billed two (2) times the daily bin rental rate, appropriate for the services Monday, June 28, 2004 19 2004-239 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22, 23 24 25' 27 Pa provided, for the first thirty (30) calendar days that the bin remains overweight and unserviceable. In the event that the bin remains unserviceable for a period greater than thirty (30) days, the customer shall be billed for four (4) times the daily rental rate for the bin, appropriate to the service level. Standing or Roll -back Charge. A standing or roll -back charge shall be defined as an amount charged to a customer under the following circumstances: 1) When the collection truck arrived at the location and a red tag was issued for either a roll -off or compactor, as a result of the customer's action or inaction that prevented the City from providing service to the bin. If said situation was not corrected by customer in less than fifteen (15) minutes with the truck present in order for the City to render service; 2) When a customer cancels a previously scheduled service in which the truck is already enroute to the location or has arrived at the location or; 3) A request by the customer to stand-by at the customer's location for a period in excess of fifteen (15) minutes. The standing or roll -back charge of $115.00 shall be charged to the customer's account. Compactor Steam Cleaning. The City shall provide, at the customer's request, a steam cleaning service for compactors that are serviced by the City. Said compactor shall be brought to the City Yard, steam cleaned and returned to the customers location. The compactor steam cleaning charge shall be $113.00. Miscellaneous Compactor Repairs. Upon request of the customer, the City may make any necessary repairs to the non -operating portion of the body of any compactor unit in order to repair sheet metal or hardware damage, patch and repair holes, or install or repair any safety devices necessary to ensure safe transport of the compactor. The City shall prepare an estimate for labor and materials and submit the Monday, June 28, 2004 go 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 estimate to the customer prior to commencing repairs. The customer shall authorize said repairs in writing, prior to commencement. The rate for said repairs shall be $56.70 per hour, plus materials and supplies. A minimum of one hour shall be charged to the customer for any repairs. Contamination of Recycling, Green Waste, Uncontaminated Wood Wastes and Organics. In the event that a customer allows, causes or fails to prevent contamination of any roll -off or compactor assigned to and used for recycling, green waste, uncontaminated wood wastes or organics, the customer shall be responsible for payment of the entire load as if it was all refuse and disposed of at an appropriate sanitary landfill at the rates set forth for the service of refuse roll -offs and compactors. In addition, a $50.00 recycling contamination penalty fee shall be levied in addition to the regular refuse charges for each occurrence of contamination. SECTION 16. Miscellaneous Services and Charges The following rates and schedules shall apply to the services described. Automated Residential Collection Service Late Set -out Charge. The City of San Bernardino hereby establishes that collection of refuse, recyclables and green wastes shall be accomplished between the hours of 6:00 a.m. and 7:00 p.m. on the collection day as determined by the Director of Public Services or his designee. All residential carts shall be placed at the designated collection location on the collection date no later than 6:00 a.m. An automated residential collection service late set -out shall be defined as any owner or authorized agent at a lawfully established service address who fails to place the automated carts in the designated manner and place in order to permit the City to service the automated carts by 6:00 a.m. For the purposes of further clarification, a report of "missed service' shall not be considered valid and shall be considered to be a late set -out, unless additional service locations and the Monday, June 28, 2004 21 2004-239 1 2 3 4 5 6 7 8! 9 10 11''' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 same color -coded carts have been missed within the same physical street block, as determined by field investigation. In the event that the City of San Bernardino, Public Services Department, Refuse Customer Service receives more than three reports of a late set -out at a single service location or address during any one hundred -and -eighty day (180) period, each subsequent report of a late set -out shall result in a charge to be billed to the customer's account. The charge for a late set -out shall be $25.00 per occurrence. "Quick Clean-up" Service. The City shall offer to all owners and authorized agents a "Quick Clean-up" service at any location within the City. Said service shall be defined as a manual collection service designed to handle any miscellaneous refuse services not accommodated through other collection methods. Said service shall be offered in fifteen (15) minute blocks, billable to the customer. The City shall provide an estimate to the customer of the amount of time required and the cost, prior to provision of the service. The customer shall pay, in advance of the service, the estimated cost. In the event that said estimate is less than the actual cost of providing the service, the customer shall be billed the difference. In the event that said estimate is higher than the actual cost of providing the service, the customer shall be provided a refund of the difference. The rate for a refuse collection special service shall be $31.50 per fifteen minutes. Provision of City Issued Locks for Refuse Bins and Enclosures. At the request of owner or authorized agents, the City shall provide a standard lock with two keys to the customer for use in securing the refuse, recyclable or green wastes bins or bin enclosures. A charge of $15.00 shall be billed the customer for each lock provided by the City. Monday, June 28, 2004 22 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Used and Waste Tire Collection Service Program. The City may provide for the collection, manifesting and disposal of used and waste tires at any commercial establishment that sells, installs or repairs new and/or used tires and that generates used and waste tires for disposal as a regular part of their business activities. The rate for tire disposal shall be $1.25 per each tire disposed through the City's program. Tires shall be kept separate from regular refuse service. Said service may be scheduled by appointment. This rate shall not be applicable to residential customers. Special Assistance Program. The City shall provide a special assistance program to elderly or disabled residents who are unable to move their automated carts to the curb for servicing and who do not have any able-bodied individual living with the resident. Subscription to this program requires a letter from a doctor or other medical professional, stating that the individual is unable to move their automated carts to the curb and that there is no caregiver or other able-bodied individual available to perform this activity at this address or location. Said subscription must be renewed on an annual basis in order to remain on the special assistance program. There is no charge for this program. Refuse Bin Enclosure and Bus Stop Cleaning Service. The City may provide, upon request, broom and steam cleaning of any refuse bin enclosure or bus stop located within the City on either an on -call or scheduled service. The rate for this service shall be $31.50 per cleaning. Charge for Late Payment. All charges for collection services are due and payable upon the due -date stated on the claim, bill or invoice issued by the City of San Bernardino Public Services Department. Payments not received within thirty -days of the due date shall be assessed a late charge of twelve percent (12%) per year, divided into a monthly late charge of one percent (1%) on the outstanding balance. Accounts Monday, June 28, 2004 23 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that are delinquent more than ninety days may be turned over to a collection agency for collection. Charge for Contamination of Residential Recycling and Green Waste. Section 8.25.050 sets forth that the City issued residential collection containers are intended only as receptacles for the intended use as defined. The blue container is to be used for placement of recyclable discards as defined in Section 8.24.010 and the green container is to be used for greenwaste as defined in Section 8.24.010. In the event that the City of San Bernardino, Public Services Department, notifies a customer three times in writing regarding contamination of either the blue or green containers at a single service location or address during any one hundred -and -eighty day (180) period, each subsequent notice of contamination shall result in a charge to be billed to the customer's account. The charge for contamination of a blue or green container shall be $25.00 per occurrence. For the purposes of enforcement of this section, the first notification of contamination shall be by a red tag attached to the customer's contaminated container not serviced by the route driver. The second notification shall consist of a red tag attached to the customer's contaminated container and not serviced, and a letter from the Public Services Department regarding the second violation. The third notification shall consist of a red tag attached to the customer's contaminated container, not serviced, and a second letter from the Department regarding the violation. When practicable, a photograph of the alleged contamination shall be taken by a supervisor in order to document the contamination for the third and any subsequent violations in which a penalty shall be enforced. SECTION 17. Designation of Party Responsible For Payment of Regular Refuse and Recyclable Collection Services at Regional Shopping Malls. Monday, June 28, 2004 24 2004-239 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Mayor and Common Council do hereby declare that the responsible party for the purposes of payment for regularly scheduled refuse and recycling collection services at designated regional shopping malls shall be the owner or their designated agent of each regional shopping mall. The City shall no longer be responsible for billing individual tenants within a designated regional shopping mall, effective as of September 1, 1998. It shall be further declared that the owner of each regional shopping mall shall be billed directly for all refuse and recycling collection services ordered by the regional shopping mall's property manager or their designee necessary to provide for refuse and recyclable collection services to their tenants. Nothing in this section shall preclude, limit or otherwise restrict the rights, options or authority of the owner or their designated agent from billing, allocating or otherwise collecting said costs for regularly scheduled refuse and recycling collection services from an individual tenant. This section shall not be applicable to refuse or recyclable collection services directly arranged for between a tenant of a regional shopping mall and the City; such services shall be billed at the rates set forth herein. SECTION 18. Emergency Waiver of Collection Fees. The Director of Public Services or his designee may provide collection and disposal service without charge in emergency situations and when, in the opinion of the Director or his designee, such action is necessary to correct immediate health and safety hazards. SECTION 19. Mayor and Common Council Authorized To Exempt Non - Profit Events. The Mayor and Common Council may exempt for the fees and charges of this resolution certain not -for -profit events in the public interest. Such exemptions may include any conditions recommended by the Director of Public Services, or his designee, regarding the provision of collection services. Monday, June 28, 2004 25 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28, SECTION 20. Cost Index of Refuse Rates. All rates set forth within this resolution shall be subject to an annual automatic cost indexing, beginning in July 2005 and ending in July 2008. The cost index shall consist of the percentage increase in the Consumer Price Index — All Urban Consumers for the Los Angeles -Riverside - Orange County California as published by the U.S. Department of Labor, Bureau of Labor Statistics Data, from March of the previous year to March of the current year. Upon publication of the CPI for March of each calendar year by the U.S. Department of Labor, Bureau of Labor Statistics, the Public Services Department shall submit the percentage of increase to the Mayor and Common Council as an agenda item for the second meeting in May of each year from 2005 through 2008 for information only. If upon receipt of this report, the Mayor and Common Council elect to receive and file this report, on July 1 of each year from 2005 through 2008 all rates as set forth in this resolution shall be increased by the Percentage of Increase. If upon receipt of this report, the Mayor and Common Council elect to suspend a rate increase, they may do so by simple vote. SECTION 21. Repeal of Resolution 98-228. Resolution 98-228 and any amendments thereto as related to the fees for collection services or in conflict herewith are hereby repealed. SECTION 22. Effective Date. The rates set forth herein shall be effective September 1, 2004. 2004-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE FEES AND RATES TO BE CHARGED FOR THE COLLECTION OF REFUSE, GREEN WASTES AND RECYCLABLES, AND REPEALING RESOLUTION 98-228, AND AMENDMENTS THERETO. HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a it. regular meeting thereof, held on the 19th day of July , 2004, by the following vote, to wit: Council Members: ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON AYES NAYS x x x x x x ABSTAIN ABSENT MCCAMMACK x Rac el G. Clark, City Clerk The foregoing resolution is hereby approved this d' ` day of July 2004. Esthcr Estrada, Mayor Pro Tem City of San Berardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: Monday, June 28, 2004 NIA