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HomeMy WebLinkAbout27-Public Works CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Public Works - Integrated Waste Management Division Subject: An Ordinance of the City of San Bernardino modifying the requirements contained in Section 8.24.285 Self Haul of Chapter 8.24 of the San Bernardino Municipal Code. From: Nadeem Majaj, Director of Public Works Date: March 1, 2011 Meeting Date: March 7, 2011 Synopsis of Previous Council Action: On September 20,2010 the following items were approved by the Mayor and Common Council: 1. That a public hearing relative to establishing a Construction and Demolition Recycling Program (C&D) Program be closed. 2. That said resolutions A and B, be adopted; and that said ordinances C, D and E, be laid over for final adoption. On January 25, 2011, the Legislative Review Committee (LRC) approved modifying the ordinance. On February 23, 2011, the Legislative Review Committee (LRC) approved the recommendation to the Mayor and Common Council to modify the ordinance. Recommended Motion: That said ordinance should be laid over for fioal adoPtion.~ .. Sig~ Ward: 5140 All Contact person: Nadeem Majaj, Director of Public Works Supporting data attached: Staff Report and Ordinance Phone: FUNDING REQUIREMENTS: Amount: (No Cost to the City) Source: No impact to the General Fund Finance: Council Notes: Agenda Item No.;rl p~U~ ()~..{)..,,, dtJ1 / PAf CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: An Ordinance of the City of San Bernardino modifying the requirements contained in Section 8.24.285 Self Haul of Chapter 8.24 of the San Bernardino Municipal Code. Background: A Legislative Review Committee (LRC) meeting was held on January 25, 2011 to review and discuss the recently passed Construction and Demolition Recycling Program which encompasses the Self-Haul ordinance. Council committee members and a local contractor identified issues with the self-haul ordinance restrictions and requested more "business friendly" options. Therefore, Council Committee members asked staff to identify options for regulating self- hauling for contractors in the City. In addition, the topic of project valuation and deposit was discussed. Public Works Staff surveyed 15 jurisdictions within the San Bernardino County area. Of these, 67% have a C&D Ordinance in effect with 40% requiring a C&D deposit. Public Works has determined that the current C&D deposit of .25% of a projects valuation is consistent with other jurisdictions within the County. Public Works recommends maintaining the current deposit amount in order to provide an incentive for contractors to comply with the C&D ordinance, which supports the State of California model C&D ordinances and overall compliance. Outreach and Education: Staff worked with a local contractor and amended the ordinance to address the objectives of the LRC Committee and local contractors. On November 29,2010, and January 13,2011 staff met with a local contractor and discussed their interpretation and requirements of the self-haul ordinance. On January 5, 2011 a request was submitted by a local contractor to amend the self- haul ordinance and present options that would meet the objectives of the LRC Committee and the local contractor. An updated self-haul document was sent to local contractors on January 24, 2011. During the remaining portion of the six-month grace period for the C&D ordinance and self-haul ordinances, City staff, County of San Bernardino, and other local entities will be conducting workshops which will occur on March 9, and March 30, 2011. A subsequent workshop will be held when updates to the Self Haul modifications have been approved by Council. Self-hauling Provisions: A state licensed construction contractor performing construction at a job site may self-haul recyclables or C & D Waste, generated by any Construction Contractor at the Job Site. The Construction Contractor may haul these same materials for any Construction Contractor at the same Job Site within the City provided: (1) The construction contractor has a City business registration certificate; and (2) The construction contractor owns or leases the self-hauling equipment, and the self- hauling equipment is clearly marked with the identity of the construction contractor; and 1 (3) The Construction Contractor must be performing construction and demolition work on the permitted job site; Construction Contractor cannot serve solely as a hauler of materials from the job site. (4) The construction contractor produces proof of insurance for said vehicle; and (5) The construction contractor's self-hauling equipment is operated by an employee of the construction contractor; and (6) The construction contractor holds a current building and demolition permit for the job from which the self-hauling is made and complies with the construction and demolition provisions of the City; and (7) The construction contractor applies for a construction and demolition self-haul permit and pays the $129.00 fee; and (8) Regardless of the valuation of the project, the Construction Contractor performing the haul or self-haul must comply with San Bernardino Municipal Code section 8.24.5 and shall submit an Application Fee, Security Deposit as set by the Mayor and Common Council and obtain a C&D permit for Projects as defined in San Bernardino Municipal Code section 8.24.5.020. Based on these proposed provisions, construction contractors will be allowed to haul roll-off bins in the City of San Bernardino under specific guidelines. Upon executing the guidelines and necessary permits, the construction contractor shall adhere to the 50% diversion requirement and the fees and requirements thereof. Upon completion of the project, the construction contractor shall remit the appropriate documents for the diversion requirement in order to release the C&D deposit. Enforcement: Staff will inspect the project sites of all self-haulers on a routine schedule and monitor all other project sites to ensure that contractors are complying with the C&D, roll-off, and self-haul ordinances. In accordance with San Bernardino Municipal Code Chapter 8.24 Refuse and Solid Waste, Chapter 9.90 Authority to Arrest-Citations, Chapter 9.92 Administrative Citation Process, and Chapter 9.93 Administrative Civil Penalties, the following enforcement steps may be applied by an Enforcement Officer for a violation of the City's self-haul provision: . 15t Violation - 24-Hour Notice to Remove Roll-Off Bin . 2nd Violation - $100.00 Administrative Citation . 3rd Violation - $200.00 Administrative Citation . 4th Violation - $500.00 Administrative Citation . Subsequent Violations- Administrative Civil Penalties In regards to the self-haul provision, only two of the fifteen cities, Colton and Moreno Valley, allow subcontracting of roll-off bin service. Staff from these two cities indicated that they are currently revising their ordinance to address reporting and enforcement issues generated by allowing subcontractors to self-haul. (Attachment 1). Therefore, staff will monitor the proposed modifications to self-haul ordinances in order to determine if any further adjustments are necessary for enforcement purposes. Public Works would like to reserve the right to review, at a later date, the enforcement and fees component of the C&D Ordinance as set forth in SBMC Chapter 8.24 Refuse and Solid Waste, 2 Chapter 9.90 Authority to Arrest-Citations, Chapter 9.92 Administrative Citation Process, and Chapter 9.93 Administrative Civil Penalties, to determine if the associated fees and penalties are equitable in deterring non-compliance with the ordinance. Financial Impact: There will be no impact to the General Fund. The estimated roll-off gross revenue for fiscal year 2010/2011 is $2,500,000. The implementation of the September 2010 self-haul ordinance will likely decrease City roll-off service requests due to contractors hauling materials by approximately $50,000. While this modification may further decrease the roll-off revenue, the amount is considered negligible. Recommendation: That said resolution be adopted. Attachments: Staff Report and Resolution 3