HomeMy WebLinkAbout17- Public Works CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTH I G I N A L
From: Nadeem Majaj, Director of Public Subject: An Ordinance of the City of San
Works Bernardino modifying the requirements
contained in Section 8.24.285 Self Haul of
Dept: Public Works—Integrated Waste Chapter 8.24 of the San Bernardino
Management Division Municipal Code.
Date: March 17, 2011
Meeting Date: March 21, 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.
On March 7, 2011, the Mayor and Common Council approved the 1St Reading of the ordinance.
Recommended Motion:
Said ordinance is adopted (final reading).
Signature
Contact person: Nadeem Majaj, Director of Public Works Phone: 5140
Supporting data attached: Ward: All
Staff Report and Ordinance
FUNDING REQUIREMENTS: Amount: (No Cost to the City)
Source: No impact to the General
Fund
Finance:
Council Notes: �1/iGl/s� ��� J 7 //
0, ,Ld ,10C- 13y�
flaw ��u�o
Agenda Item No. 1
A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director of Public Subject: An Ordinance of the City of San
Works Bernardino modifying the requirements
contained in Section 8.24.285 Self Haul of
Dept: Public Works—Integrated Waste Chapter 8.24 of the San Bernardino
Management Division Municipal Code.
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 final adoption.
Signa re
Contact person: Nadeem Majaj, Director of Public Works Phone: 5140
Supporting data attached: Ward: All
Staff Report and Ordinance
FUNDING REQUIREMENTS: Amount: (No Cost to the City)
Source: No impact to the General
Fund
Finance:
Council Notes: 3 7 �2
Agenda Item No. 7
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
't
(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:
• 1St Violation- 24-Hour Notice to Remove Roll-Off Bin
• 2nd Violation - $100.00 Administrative Citation
• 3`d 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
1 ORDINANCE NO. C (OPY
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
3 8.24.285 OF CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE
CONCERNING SELF-HAUL.
4
5 WHEREAS, the self-haul section 8.24.285 needs to be amended in order
6 to better define the term "self-haul" and enforce the Construction and Demolition
7 Program (C&D); and
8 WHEREAS, Chapter 8.24 of the San Bernardino Municipal Code sets
9 forth uniform requirements and regulations for the direct and indirect users of the
10 refuse and recycling collection services of the City; and
11
WHEREAS, the self-haul section 8.24.5.285 needs to be amended in
12
13 order to define the term "self-hauling" and enforce the Construction and
14 Demolition Program (C&D), and
15 WHEREAS, the current definition under Section 1 of "Self-Hauling" set
16 forth at San Bernardino Municipal Code Section 8.24.285 allows for general
17 contractors to self-haul recyclables and C&D Waste, as defined in San
18 Bernardino Municipal Code section 8.24.5.020, and may haul these same
19
materials for any other Construction Contractor at the same Job Site, and
20
21 WHEREAS, there is a need to amend certain sections of Chapter
22 8.24.285 of said Code in order to allow subcontractors performing construction at
23 a job site to also self-haul recyclables and C&D Waste, as defined in San
24 Bernardino Municipal Code section 8.24.5.020, and may haul these same
25 materials for any other Construction Contractor at the same Job Site, and
26
27
28
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.24.285 OF CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE
2 CONCERNING SELF-HAUL.
3
4 NOW THEREFORE THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
5
SECTION 1. San Bernardino Municipal Code Title 8, Chapter 8.24,
6 Section 8.24.285 is here by amended as follows:
7 Section: 8.24.285 Self-Hauling
8
(A) Definitions:
9
(1) "Construction Contractor" means any state licensed construction contractor
10 performing construction at a job site. Construction Contractor includes the general
11 contractor and any subcontractors at the job site. A person or company employed,
whether for a fee or otherwise, to haul recyclables and construction and demolition
12 debris generated by a Construction Contractor is not a Construction Contractor for
purposes of this chapter.
13
(2) "Job Site" means a location at which recyclables and construction and
14 demolition debris are generated by a Construction Contractor.
15 (B) Subject to subsection (C), a Construction Contractor may self-haul
16 recyclables or C & D Waste, as defined in San Bernardino Municipal Code
section 8.24.5.020, generated by any Construction Contractor at the Job Site.
17 The Construction Contractor may haul these same materials for any Construction
Contractor at the same Job Site.
18
19 (C) The right of a Construction Contractor to self-haul or haul hereunder is
subject to the following conditions:
20
(1) All Construction Contractors generating any of the recyclables or C & D
21 Waste, as defined in San Bernardino Municipal Code section 8.24.5.020, to be
22 self-hauled or hauled shall have a valid City business registration certificate; and,
23 (2) The Construction Contractor owns or leases the self-hauling or hauling
equipment, and the equipment is clearly marked with the identity of the
24
Construction Contractor including, as a minimum threshold requirement,
25 company name, address, and phone number; and,
26 (3) The Construction Contractor must be performing construction and demolition
27 work on the permitted job site; the Construction Contractor cannot serve solely
as a hauler of debris from the job site.
28
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.24.285 OF CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE
2 CONCERNING SELF-HAUL.
3
(4) The Construction Contractor provides proof of insurance for said vehicle; and,
4
(5) The Construction Contractor's equipment shall be operated by an employee
5 of the Construction Contractor at all times during any self-haul or haul to a
disposal or processing facility in a manner consistent with all appropriate laws
6 and regulations; and,
7
(6) The Construction Contractor performing the haul or self-haul holds a current
8 Building and Demolition Permit which covers all recyclables or construction and
demolition debris for which the Construction Contractor will be performing the
9 haul or self-haul and the Construction Contractor complies with the Construction
10 and Demolition provisions of the City.
11 (7) The Construction Contractor performing the haul or self-haul shall hold a Self
Hauling Permit Fee as set by the Mayor and Common Council.
12
(8) Regardless of the valuation of the project, the Construction Contractor
13 performing the haul or self-haul must comply with San Bernardino Municipal
14 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
15 defined in San Bernardino Municipal Code section 8.24.5.020.
16 SECTION 2. The following fees and deposits will be included in Section
17 8.24.285:
18
(1) A Construction and Demolition application fee per project.
19
(2) A self haul fee per project.
20
21 (3) A deposit shall be required per self haul project regardless of the valuation.
22 SECTION 3.
23 Self-Haul is subject to the rules and regulations as set forth in the San
24 Bernardino Municipal Code Chapter 8.24.5 (Construction and Demolition Waste
25 Recycling Program) and fees and deposits as set for by the Mayor and Common
26
Council.
`"•�o� 27
AW"_ 28
f11r1ifWYf�1"siii1�11M1ii7 IiMIIIW
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 8.24.285 OF CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL
2 CODE CONCERNING SELF-HAUL.
3
4 1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day of 2011, by the following
7 vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10 VACANT
11 BRINKER
12
SHORETT
13
KELLEY
14
15 JOHNSON
16 MCCAMMACK
17
18
19 Rachel G. Clark, City Clerk
20
21 The foregoing Ordinance is hereby approved this day of
22 2011.
23
24 Patrick J. Morris, Mayor
25 City of San Bernardino
26 Approved as to Form:
27 James F. Penman, City Attorney
28
By: