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HomeMy WebLinkAbout17- Public Services CITY OF SAN BERN, MINO REQUEST F R COUNCIL ACTION From: James R. Howell, Acting Director Subject: Grant Application to California Integrated Waste Management Board for Dept: Public .Services Tire Recycling Equipment ($75,000) Date: 2/15/94 Synopsis of Previous Council action: None Recommended motion: Adopt the Resolution SfgnaturV Contact person: Kevin Barnes, Refuse Superintendent Phone: 5053 Supporting data attached: Resolution, Grant Application, Ward: All Staff Report FUNDING REQUIREMENTS: Amount: 0 (Ongoing program costs to be covered by user fees) NOTE: This is a $75,000 grant application, with Source: (Acct No.) 25% matching funds from Refuse Division. (Acct Description) Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERNA DINO - REQUEST FC A COUNCIL ACTION STAFF REPORT RECOMMENDATION To approve application for California Tire Recycling Management Grant Fund under the California Tire Recycling Act (AB 1843) . BACKGROUND California's Tire Recycling Act provides funding to cities for development of tire recycling projects to divert waste tires from 1andfills. The California Integrated Waste Management Board (CIWMB) administers the program which is funded by a $.25 surcharge on all tires sold in California. CIWMB requires grant applications be certified by resolution prior to submission. CIWMB grants will fund 75% of a new program up to $75, 000. Staff has prepared a draft resolution for a tire recycling program and a draft ordinance for controlling waste tires at the source. These are included as appendices in the grant application package, and will be submitted for City Council adoption if the grant is obtained. DISCUSSION The City of San Bernardino currently has no used tire recycling program. AB 939 requires 25% diversion of the waste stream by 1995. Whole tires are not permitted to be landfilled, and this encourages illegal dumping. This grant if approved will provide state money for capital investment to initiate a tire recycling program. Once expenditures for needed equipment ($75, 000) are funded, the tire recycling program operation will pay for itself. There are 45 tire stores in San Bernardino plus 267 other declared businesses (gas stations, department stores, etc. ) also disposing of tires. A successful grant will provide money for fabrication of special racks to collect the tires. Currently, tire recycling haulers deal only with major businesses generating large amounts of scrap tires. Smaller businesses dispose of their own scrap tires and are apt to dispose of them improperly. Providing racks and disposing of their scrap tires at a rate to cover costs will be our program. These racks will prevent accidental mixing of refuse, facilitate accounting for the new state-mandated manifest regulation, allow pickup and compaction by City disposal equipment, and regulate proper disposal methods. This program will encourage proper tire disposal citywide. SUMMARY San Bernardino must expand its current pilot recycling program to meet state mandates. Citywide tire recycling will divert 2% of the total city waste stream and help reduce illegal tire dumping. A successful CIWMB grant will fund 75% of a new program. Staff has prepared a tire recycling program resolution and draft ordinance for consideration after the grant is obtained. BUDGET IMPACT The General Fund will not be affected if this grant is approved. The City's 25% of this project, ($18,750) will be funded from the Refuse Enterprise Fund. Continuing program expenses will be paid from tire disposal fees. The program will provide cost-effective tire collection for the business community. 0264 RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS 2 FROM THE CALIFORNIA TIRE RECYCLING MANAGEMENT FUND UNDER THE CALIFORNIA TIRE RECYCLING ACT for the following project: 3 WASTE TIRE COLLECTION AND RECYCLING USING TIRE HOLDING RACKS 4 SERVICED BY CITY COLLECTION TRUCKS. 5 WHEREAS, the people of the State of California have enacted the 6 California Tire Recycling Act which provides funds to the State of 7 California, its political subdivisions and individuals for 8 performing research and business development of tire-related 9 projects and processes; and, 10 WHEREAS, the California Integrated Waste Management Board has 11 been delegated the responsibility for the administration of the 12 program within the state, setting up necessary procedures governing 13 application by agencies and individuals under the program; and, 14 WHEREAS, said procedures established by the California 15 Integrated Waste Management Board require the applicant to certify 16 by resolution the approval of application before submission of said 17 application to the state; and, 18 WHEREAS, the applicant will enter into an agreement with the 19 State of California for development of the project, 20 NOW THEREFORE, be it resolved that the City Council of the City 21 of San Bernardino hereby: 22 1. Approves the filing of an application for the California Tire 23 Recycling Management Fund under the California Tire Recycling 24 Act of 1990 for state grant assistance for the project 25 specified above; and, 26 27 February 17, 1994 1 28 2. Certifies that said applicant understands the assurances and 1 certification in the Terms and Conditions; and, 2 3. Certifies that said applicant has or will have sufficient funds 3 to operate and maintain the project; and, 4 4. Appoints the Acting Director of Public Services as agent of the 5 City of San Bernardino to conduct all negotiations, execute and 6 submit all documents including, but not limited to 7 applications, agreements, amendments, payment requests and so 8 on, which may be necessary for the completion of the 9 aforementioned project. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 February 17, 1994 2 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S BERNARDINO, CALIFORNIAr APPROVING THE APPLICATION FOR GRANT FUND 1 FROM THE CALIFORNIA TIRE RECYCLING MANAGEMENT FUND UNDER THE CALIFORNIA TIRE RECYCLING ACT for the following project: 2 WASTE TIRE COLLECTION AND RECYCLING USING TIRE HOLDING RACK 3 SERVICED BY CITY COLLECTION TRUCKS. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted 5 by the Mayor and Common Council of the City of San Bernardino at 6 meeting thereof, held on the day of 7 1993, by the following vote, to wit: 8 Council Members: Ayes Nays Abstain Absent 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 18 City Clerk 19 The foregoing resolution is hereby approved this day o 1993. 20 21 Tom Minor, Mayor City of San Bernardino 22 Approved as to form and 23 legal content: 24 James F. Penman, City Attorney 25 f 26 By: 27 February 17, 1994 3 28 Tire Recycling Grant Request February 17, 1994 City of Ban Bernardino Public Services Department 300 North "D" Street San Bernardino, Ca 92418 Phone (909) 384-5053 POC Kevin Barnes/Chris Blanchard Table of Contents Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Work Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Statement of Need. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Objectives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Eligibility criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-7 Sub-Tasks. . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 WorkSchedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Proposed Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Required Supplements. . . . . . . . . . . . . . 000 . o . 00 . . . . o . . . . . . . . . . . . . . . .11 Appendices Proposed Ordinance 1 Scrap Tire Program Resolution 2 Tire Collection Rack Diagram 3 City Resolution Authorizing Grant Request 4 Current Resume on Applicant 5 Municipal Code 6 2 SUMMARY This grant if approved will provide state money for capital investment to initiate a tire recycling program. Once expenditures for needed equipment ($75, 000) are funded, the tire recycling program operation will pay for itself. There are 45 tire stores in San Bernardino plus 267 other declared businesses (gas stations, department stores, etc. ) also disposing of tires. Currently, tire recycling haulers deal only with major businesses generating large amounts of scrap tires. Smaller businesses dispose of their own scrap tires and are apt to dispose of them improperly. A successful grant will provide money for fabrication of special racks to collect the tires economically from the smaller businesses. Providing racks will start our program of disposing of their scrap tires at approximately $.80 per tire. These racks will prevent accidental mixing of refuse, facilitate accounting for the new state-mandated manifest under SB 744 regulation, and allow pickup and compaction by City disposal equipment. This program will provide a way for tire dealers to dispose of tires properly, helping to eliminate illegal dumping and tires in landfills. 3 WORK STATEMENT A. Statement of Need Explanation of need for technology/process The City of San Bernardino intends to ensure the proper disposal of scrap tires through the draft ordinance at Appendix 1, as either a local, regional, or state regulation. The draft has been provided to County and California Integrated Waste Management Board (CIWMB) staff and cities in the region. The City also will begin the scrap tire program resolution at Appendix 2. Current practices for scrap tire collection involve the use of refuse bins or piling for storage of scrap tires at tire and automotive service stores. When refuse bins are provided to a business for recycling materials, people usually put trash or other materials in with the recyclables. Tires are picked up by contractors when a sufficient amount has accumulated to make collection economical. Small tire outlets often do not have storage space to accumulate sufficient quantities of tires and are therefore tempted to illegally dispose of tires. Cage trucks are often the means of transport. Cage trucks are loaded by hand, a labor intensive process often causing injury to the individuals involved. Cage trucks are loaded loosely and the payloads are inefficient. Explanation of benefits to California Society It is our intention to provide for efficient and economical scrap tire collection and transport through the introduction of: 1. Special racks to hold scrap tires without container walls. 2. The use of standard refuse compaction trucks for recycling pickup on regular basis (weekly) . 3. The use of city employees for weekly pickup. The use of the special racks equipped with fork channels to hold scrap tires will allow existing city refuse trucks to pick them up hydraulically, eliminating potential injuries associated with conventional cage truck loading procedures and saving labor. The special racks will make visual inspection of the material (facilitating manifesting law SB 744) simple and preclude contamination with trash or other materials. The use of city owned compaction equipment will create more efficient payloads to create considerable transportation savings to be passed on to the tire stores which should in-turn encourage them to recycle. The use of city owned equipment also eliminates capitalization costs for new equipment. The use of city employees for labor eliminates training costs and provides personnel already familiar with the locations involved. 4 B. Objectives Proposed project and details of accomplishment 1. The tire recycling program at Appendix 2 will be established. 2. The tire collection rack design at Appendix 2 will be put out for bid to private contractors for fabrication. 3. Existing city owned equipment and city personnel will be used to accomplish pickup. Details of prospects for commercial application There are 312 businesses in The City of San Bernardino who generate scrap tires. 47 organizations primary business is the sale of tires, and an additional 265 who do some tire business. Most of the major tire vendors either truck their tires directly to the landfill, or hire a commercial vendor to pick them up. Of the remaining 265, over 60% (based on a local 5% survey) either throw them into the trash dumpsters or have the clients remove them. Should the rack/frontloader system be as effective and economical as we anticipate (labor costs and loading time should be cut drastically) , it is easily adaptable to any municipal organization who either owns its own collection equipment or contracts for service. The fabrication of the tire racks in other jurisdictions could be accomplished in small increments with local funding or offset with the collection fees. Explanation of how eligibility criteria is satisfied a. Quantity diverted - The City of San Bernardino generates approximately 1,480 tons of tires each year. We estimate that 90% of those tires end up in landfills through either contract hauling, owner hauling, or illegal dumping in trash containers. The City has inquired into alternative disposal methods and discovered locally companies who turn used tires into crumb rubber. Tires collected through this program will be 100% diverted from landfills. b. Cost per tire - Using historical equipment, labor, operations and maintenance costs, and current industry disposal costs, the cost per tire for pickup will be $.85 per tire. This favorably compares with the current charges for pickup at low volume dealers of $1.00 to $3.50 per tire. C. Availability of markets - The availability of economical collection and transport should significantly increase the market for recycled tire products. Several local organizations deal with scrap tires for recycling. Additionally, the cement plants in the nearby desert region use them as a alternate energy source. 5 d. Mitigation of adverse environmental effects - The proposed collection and transport system should significantly reduce the energy use and air pollution currently associated with tire collection while eliminating current unsightly and illegal dumping practices. It will also reduce the accumulation time for piles of tires at smaller outlets. e. Compatibility with existing solid waste management - The proposed collection and transport system is extremely flexible and easily adaptable to most current and projected solid waste management programs. The flexibility of the transport system allows for implementation throughout greater geographic areas at economical cost. f. New methods - Combination of the new tire collection rack and frontloader pickup is a new and better method of scrap tire collection. g. Financial self-sufficiency - Current commercial collection costs range from $1.00 to $3 .50 per tire and $45. 00 to $100.00 per ton. This collection method at $.80 per tire and $45. 00 per ton is strongly viable on the commercial market and especially viable for the low volume tire dealer. Within the City of San Bernardino the tire collection fee will pay for the operation and maintenance of the program. h. Ability to carry out proposed project - 1. Technical resources - The current solid waste manager of the City of San Bernardino has 16 years of solid waste management experience, including two U.S. patents. Expertise is available in law, vehicle repair, financial management, and public relations as a City agency. The assistant project manager has 23 years of government management experience and a Master's of Business Administration. 2. Experience with similar projects - The City of San Bernardino successfully carries on a commercial bin cardboard recycling program and currently picks up 300 tons of solid waste and recyclables daily. Both managers and line personnel have many years experience with similar operations. 3. Existing management structure and expertise - The current management structure is responsible for collection and disposal of almost 700 tons of solid waste and recyclables daily. City expertise in the areas of contracts, vehicle maintenance, law, transportation, solid waste management, recycling, planning, financial ' management, and public relations is superior. 6 i. Probability of implementation and completion with grant funds The City of San Bernardino is committed to fulfilling the requirements of AB 939 in an efficient and economical manner while adhering to the spirit of the bill. This is a recycling program that must be implemented. The receipt of a tire recycling grant will compliment other recycling initiatives currently ongoing in the City of San Bernardino. Funds will be adequate for initial capitalization and virtually guarantee successful completion. j . Technical and economic feasibility - The technical processes involved are not new, although not currently combined. They are all time-proven and present no special difficulties. Economically, the proposition is commercially viable at the current $1. 00 to $3.50 tire pickup fees. 7 C. Sub-tasks 1. Completion of the Tire Grant Request. a. Financial information tire collection racks - done b. Location of tire recycling organizations - done c. Needs survey - done d. Economic feasibility study - done e. Determination of City Council approval - pending 2. Grant approval. 3. Tire collection rack fabrication contract bid. 4. Tire collection rack fabrication contract let. S. Receipt of completed tire collection racks. 6. Identification of vendors to be serviced. 7. Pickup procedures and routes established. 8. Placing of racks for trial route. 9. Evaluation of trial route/procedures refined. 10. Rack distribution for full scale operations. 11. Initiation of full program. 8 D. Work Schedule When will the proposed project begin? Following approval of the grant: Day 1 Bids solicited for fabrication of racks. Bids solicited for tire disposal (other than landfill) . Businesses solicited for City scrap tire recycling. Day 60 Fabrication contract let. Recycling contract let. Day 70 Pickup procedures and routes established. Day 100 Racks distributed for trial route. Day 120 Evaluation of trial route/procedures refined. Day 130 Rack distribution for all routes and start of full scale program. Events or issues impacting initiation/completion 1. Availability of landfill alternatives. Several current sources are available: BAS Tire Recycling (100% non-landfill disposal) . Mitshibushi Cement Plant (Alternate energy source) . 2. Cost of landfill alternatives. Currently economically feasible. 3. Funding for fabrication of tire collection racks. Dependent on grant approval. 9 PROPOSED BUDGET DETAILING USE OF GRANT FUNDS Sub-Tasks Budget Grant Application 600. 00 EF' Grant Approval CA Contract Bids Solicited 100.00 SB3 Fabrication Bid Let 75,000. 00 Grant Tire Vendor Notification 800. 00 EF Standard Operating Procedures 100.00 EF Rack Placement 4,900. 00 EF Program Operation 270.700. 00 EF Total: $352,200.00 Total Grant Funds: $ 75,000.00 Costs One-time startup (rack fabrication) - $75,000 (240 racks est. ) Program Operation - $94/month/pickup rack Estimated annual cost: $270,700 Operations (EF) 75, 000 Rack Fabrication (Grant) 6.500 Administrative (SB & EF) TOTAL COST: $352,200 lEnterprise Fund, City of San Bernardino 2State of California Budget Item 3City of San Bernardino Budget Item 10 REQUIRED SUPPLEMENTS 1. Resolution or other authorizing document - Appendix 4. 2. Current resume on applicant, organization, and principal contractors. Kevin P. Barnes, Superintendent of Sanitation, will lead the project. Kevin currently heads a municipal refuse collection and recycling division serving businesses, industry, and 172, 000 residents through a $14, 000, 000 enterprise fund. (Resume Appendix 5) 3. Business Plan - N/A 4. Copies of all required permits, licenses, and authorization documents - City of San Bernardino has all required permits and licenses, and is the exclusive hauler of rubbish and by- products per San Bernardino Municipal Code (Appendix 6) . 5. Proof of facility availability for at least five (5) years - N/A 11 Appendix 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 8.24.181, 8.24.182, 8.24.183, AND 8.24.184 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DISPOSAL OF SCRAP TIRES THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Sections 8.24.181, 8.24.182, 8.24. 183 and 8.24.184 are hereby added to the San Bernardino Municipal code to read as follows: 8.24.181 Report of Number of Scrap Tires Every seller of new or used tires within the City of San Bernardino shall report to the Director of Public Services by the 10th of each month for the previous month the number of scrap tires for which the disposal fee required by Public Resources Code §42885 has been collected. 8.24.182 Disposal of Scrap Tires Every seller of new or used tires within the City must upon request by an authorized officer, agent or employee of the City demonstrate that each such tire for which the disposal fee required by Public Resources Code 542885 has been collected and which has been reported to the Director of Public Services pursuant to $8.24.181, has been disposed of properly by one of the following methods: A. Manifest provided by a state-permitted waste tire hauler company; B. Obtain and participate in a City authorized or sponsored tire recycling service; C. Reduced in volume prior to land filling by one of the following methods: February 10, 1994 1 1. Shredding to a size of less than four inches in width (Public Resources Code §42865) . 2. Quartering/Slicing: Cutting into four or more parts across the bead (California Integrated Waste Management Board, Resolution 93-27, 3/31/93) . 3. Bagel Splitting: Splitting the tire circumferen- tially through its tread surface to produce two halves, each of which includes a bead, sidewall, and part of the tread (California Integrated Waste Management Board, Resolution 93-27, 3/31/93) . 4. Bailing: Mechanically compressing and securing whole waste tires into a bale (California Inte- grated Waste Management Board, Resolution 93-27, 3/31/93) . 5. Manual Volume Reduction: Manually cutting out the sidewalls, including bead to produce three or more parts (California Integrated Waste Management Board, Resolution 93-27, 3/31/93) . 6. Any alternative methods formally approved by the Executive Director of the California Integrated Waste Management Board. Whole tires shall not be permitted to be placed in regular rubbish containers within the City. 8.24.183 Posting of Notice Every seller of new or used tires within the City must post a notice substantially stating the following: Notice Every tire left with this facility for disposal is assessed a $.25 surcharge pursuant to Public Resources Code $42885 for the costs of disposal and for development of new uses for scrap tires. Other charges may also be made to cover actual disposal or recycling costs. 8.24.184 Authority Sections 8.24.181 to 8.24.183 are adopted pursuant to the authority of the Charter of the city of San Bernardino and Public Resources Code 542810. February 10, 1994 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 8.24.1811 8.24.182, 8.24.183, AND 8.24.184 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DISPOSAL OF SCRAP TIRES I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1994, by the following vote, to wit: Council Members: Ayes Nays Abstain Absent NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of 1994. TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney By: February 10, 1994 3 Appendix 2 RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A SCRAP TIRE RECYCLING PROGRAM. 2 3 WHEREAS, jurisdictions within the State of California are 4 mandated by the California Integrated Waste Management Act of 1989 5 (AB 939) to divert 25% of their solid waste stream from landfill 6 disposal by the year 1995; and, 7 WHEREAS, scrap tires are prohibited from landfills under the 8 California Tire Recycling Act; and 9 WHEREAS, an evaluation of waste stream content was made in the 10 Source Reduction and Recycling Element (SRRE) and determined that 11 scrap tires exist in the commercial waste stream in sufficient 12 percentage quantity to achieve significant diversion if separated 13 from the waste stream; and, 14 WHERE' as examination with respect to the City of San 15 Bernardino's existing refuse collection system has been made of the 16 potential for efficiently collecting scrap tires separate from the 17 waste stream using commercial bin service; and, 18 WHEREAS, commercial bin refuse collection is currently provided 19 to most businesses in the City of San Bernardino; and, 20 WHEREAS, substitution of scrap tire only service in lieu of a 21 portion of commercial bin refuse pickups is a foreseeable and 22 recommended method of diverting the majority of scrap tires from 23 certain businesses while maintaining operational economy; and, 24 WHEREAS, the Department of Public Services, with responsibility 25 for solid waste collection within the City of San Bernardino, seeks 26 27 February 16, 1994 1 28 to implement the aforementioned substitution on a citywide basis. 1 implementation, 2 NOW THEREFORE, be it resolved that the City Council of the City 3 of San Bernardino does hereby pass, approve, and adopt this 4 resolution authorizing the Department of Public Services to conduct 5 a commercial scrap tire recycling program using substitution of 6 scrap tire rack service in lieu of a portion of commercial bin 7 refuse pickups at certain businesses within the City. The monthly 8 service fee for each weekly tire rack pickup shall be $96. 00 based 9 upon a $45.00 per ton disposal fee. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 February 16, 1994 2 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A SCRAP TIRE RECYCLING PROGRAM. 1 ' 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at 3 meeting thereof, held on the day of , 4 1994, by the following vote, to wit: 5 Council Members: Ayes Nava Abstain Absen 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 14 15 City Clerk 16 The foregoing resolution is hereby approved this day of 1994. 17 18 Tom Minor Mayor City of San Bernardino 19 Approved as to form and 20 legal content: 21 James F. Penman, City Attorney 22 23 By: 24 25 26 27 28 February 16, 1994 3 Appendix 3 lip y Q s a J t r rl O r � a a7„ i V r � N T �• d� X+�� [ tb v S6 (� Ln � do 0 I I � i J S u y � J � S 3 � � o Do � - \ j i + I � I Appendix 4 Attachment "D" - Sample Resolution • Page 20 Resolution Number: RESOLUTION OF THE (Title of Governing Body/City Council, Bd. of Supervisors) OF APPROVING THE APPLICATION (City, County, District) FOR GRANT FUNDS FROM THE CALIFORNIA TIRE RECYCLING MANAGEMENT FUND UNDER THE CALIFORNIA TIRE RECYCLING ACT for the following project: WHEREAS, the people of the State of California have enacted the California Tire Recycling Act which provides funds to the State of California, its political subdivisions and individuals for performing research and business development of tire-related projects and processes; and WHEREAS, the California Integrated Waste Management Board (Board) has been delegated the. responsibility for the administration of the program within the state, setting up necessary procedures governing application by agencies and individuals under the program; and WHEREAS, said procedures established by the California Integrated Waste Management Board require the applicant to certify by resolution the approval of application before submission of said application to the state; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project; NOW, THEREFORE, BE IT RESOLVED that the (Title of Governing Body) HEREBY: 1 . Approves the filing of an application for the California Tire Recycling Management Fund under the California Tire Recycling Act of 1990 for state grant assistance for the project specified above; and 2. Certifies that said applicant understands the assurances and certification in the Terms and Conditions; and 3. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and 4. Appoints the as agent of the (Title - Not Name) A..achment "D" - Sample Resolution Page 21 to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. Approved and Adopted this day of 19_ I, the undersigned, hereby certify that the foregoing Resolution Number was duly adopted by the (City Council, Bd. of Supervisors or District Board) following roll call vote: Ayes: Noes: Absent: Clerk If applicant is a business or non-profit organization, application must be accompanied by another authorizing document in which the applicant is clearly shown (by name and position) to be authorized to enter into legal agreement with the State of California. The approving authority must certify: 1 . Approval of the filing of an application for the California Tire Recycling Management Fund under the California Tire Recycling Act of 1990 for state grant assistance for the project specified above; and 2. That said applicant understands the assurances and certification in the Terms and Conditions; and 3. That said applicant has or will have sufficient funds to operate and maintain the project; and 4. Hereby appoints as agent of the (Title - Not Name) (Name of Business or Non-Profit Organization) Appendix 5 KEVIN P. BARNES P. O. Box 586 Running Springs, CA 92382 (909) 867-9691 SOLID WASTE MANAGEMENT HISTORY Superintendent of Sanitation 2-90 to Present CITY OF SAN BERNARDINO, CA Municipal refuse collection and recycling division serving businesses, industry, and 172,000 residents through a $14,000,000 enterprise fund. Interpret solid waste/environmental regulations and legislation to develop plans and programs for compliance. Develop and monitor budget and work plans for in-house collection. Manage personnel, training, and equipment maintenance/replacement. Specify equipment, draft and administer contracts, and evaluate bids. Represent Department and City to public and various agencies. Oversee 700 unit City Garage for one year as additional assignment. Safety Manager BFI CONSTRUCTORS, Santa Ana, CA 9-87 to 2-90 Engineering Contractor subsidiary of BFI Waste Systems, specializing in concrete reservoirs and solid waste facilities. Administer safety and loss control program(won regional award in 1989). Prepare civil project estimates and plan/supervise construction. Interpret regulations and specifications and administer subcontracts. Represent company to project engineers and owner agencies. Assist planning new plants as "start-up" person. Operations Manager BFI WASTE SYSTEMS, Compton, CA 6-86 to 9-87 One thousand ton per day solid waste transfer and recycling station serving the public. Respond to local opposition and maintain strict environmental compliance to eliminate negative image left by previous operating firm. Manage computerized revenue and weight system, personnel, and heavy equipment/plant maintenance. Administer safety training and loss control program. Control subcontract trucking and recycling operations. THS iwi wer.F ITS mcyufo PAP" KEVIN P. BARNES Page Two SOLID WASTE MANAGEMENT HISTORY (continued) Route Supervisor BFI WASTE SYSTEMS, Pasadena, CA 7-85 to 6-86 Commercial, residential, and industrial disposal district serving several areas. Consolidate operations of newly merged companies. Train, supervise, and evaluate personnel. Resolve customer concerns and troubleshoot equipment. Perform wide range of special projects. V.P., General Manager BEE REFUSE REMOVAL, INC.,Los Angeles, CA 8-78 to 7-85 Commercial disposal company serving northeast Los Angeles in an open market. Full responsibility for family-owned corporation: P&L, sales,billing, personnel, routing, equipment, financing, insurance, advertising, community service. Implemented new systems and increased volume 50% in five years. Active board member of trade association. EDUCATION AND TRAINING: 1991 B.S. in Business and Management -University of Redlands. 1989 A.A. Degree-Glendale Community College. 1981-89 Various certificated training- Commercial Vehicle Safety Instructor, Hazardous Waste Site Technician& Supervisor, Hazmat Transportation, Accident Investigation Skills, "Train the Trainer" Skills, Caterpillar Engines. 1975-80 Environmental Engineering(121 units)-Humboldt University. Also Well read in solid waste industry publications for fifteen years. PERSONAL PROJECTS 1993 Patented small satellite refuse/recycling truck. 1990 Established children's clothing store with spouse. 1989 Fundraising effort to save "Eagle Rock" community landmark through miniature replica sales program. 1987 Patented intermodal refuse truck. 1985 Designed and built own home. T SISMT"%"A RS KCYCIED.APEF Appendix 6 GARBAGE AND RUBBISH 8.21.170 Violation — Penalty. Any person, firm or corporation allowing any wastepaper, rubbish, waste, combustible or inflammable material to accumu- late or be upon his, her or its premises, or upon premises owned or controlled by him, her or it, within the fire limits of the City, other than in a receptacle as provided in this chapter, and any person, firm or corporation violating any term or provision of this chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provi- sions of Section 1.12.010 of this Code. (Ord. MC-460, 5-13-85, Ord. 681 § 17, 1917.) 8.21.180 (Repealed by MC-460.) Chapter 8.24 GARBAGE AND RUBBISH6 Sections. 8.24.010 Definitions. 8.24.020 Container requirements. 8.24.030 Removal of garbage—Construction of containers for removal. 8.24.040 Burying of garbage —Restrictions. 8.24.050 Burning garbage — Restrictions. 8.24.060 Substances prohibited in garbage. 8.24.070 Collection and removal of garbage —Number of times per week. 8.24.080 Dumping garbage on another's property un- lawful. 8.24.090 Permit required for removing rubbish — Excep- tions. 8.24.100 Collection of pasteboard. cardboard and paper — Baling required. 433 1San Bernardino 9-85) HEALTH AND SAFETY 8.24.110 Collection of pasteboard, cardboard and corrugated cardboard boxes —Removal semi- weekly —Permit required. 8.24.120 Definition of pasteboard,cardboard, corru- gated cardboard boxes and paper;other com- bustible material. r 8.24.130 Issuance of permits for removal of combustible material. 8.24.140 Private removal of rubbish,combustible material and byproducts —Permit required. 8.24.150 Revocation or suspension of permit. 8.24.160 Authority of Director of Public Services to make rules and regulations. 8.24.170 Purchase of paper stock products from non- profit organizations. 8.24.180 Separation of newspapers from garbage. 8.24.185 Term of permit for solid waste handling services. 8.24.190 Only persons with license and permit or persons with contract to collect rubbish. 8.24.200 Approval of permit for rubbish collection — Termination of service and account. 8.24.210 Placement of containers and bins. 8.24.220 Daily removal of rubbish from certain places. 8.24.230 Materials prohibited from being mixed with rubbish. 8.24.240 Award of contracts for rubbish and garbage collection —Bond required. 8.24.250 Fees for collection of rubbish. 8.24.260 Extension or renewal of contract without inviting bids. 8.24.270 No charges or fees to be exacted except as provided in contract. 8.24.280 Violation — Penalty. 8.24.010 Definitions. The following words, terms and phrases when used in this chapter shall have the meaning ascribed to them in this section. The singular number shall include the plural. A: "Byproducts" means and includes: (San Bernardino 5-84) 434 GARBAGE AND RUBBISH 1. All materials produced, developed or generated inci- dental to the operation of any business, which is not the principal object of production of such business, 434-1 (San Bernardino 1-81) GARBAGE AND RUBBISH but which material, due to its nature, can be sold by the producer thereof at a price greater than the cost of hauling such material to the point of delivery or sale; 2. All material which, due to its nature, can be sold by the producer thereof, at the point of production, for a valuable consideration;and 3. All such materials as the common council, by resolu- tion,designates as byproducts. B. "Garbage" means and includes table refuse,swill,and offal, and every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay or dealing in or storage of meat, fish, fowl, fruit and includes all animal and vegetable refuse from kitchens and all household waste that has been prepared from or intended to be used as food, or has resulted from the preparation of food and also includes all vegetable trimmings from markets or stores. Articles and things not hereinbefore enumerated are not included in the term "garbage": dead animals over five pounds in weight, dish or waste water, paper and other combustible or inflammable material, crockery, glass, cans, tins, ashes,wire and sweepings and like materials. C. "Garbage collector" means an agent or employee of the city or any person, firm or corporation or association, or the agents or employees thereof,licensed by contract or permit, to collect and transport garbage in the city. D. "Occupant" means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has care and control of, an inhabited residence. For the purpose of this definition,a residence shall be presumed to be inhabited if water service is being furnished thereto. E. "Person" includes any individual, firm, copartnership, corporation or association. F. "Residence" means any and all dwelling units, as defined in the "Land Use Zoning Ordinance" of the City of San Bernardino, and any other building used for residential or dwelling purposes. G. "Rubbish" includes but is not limited to wood, leaves, shrub trimmings, small tree branches not to exceed four inches in diameter and six feet long thereof, shavings, sawdust, excelsior, wooden ware, dodgers, printed matter, 435 HEALTH AND SAFETY paper, pasteboard, cardboard, corrugated cardboard boxes, grass, rags, straw, boots, shoes, crockery, bottles, tin cans, metal vessels, ashes, and all waste material of every char- acter whatever collected or accumulated within the city, except garbage, swill, earth, sand, clay, gravel, loam, manure, stone, bricks, plaster, other refuse attendant to building, construction or repairs,or tree or shrub trimmings as occasioned by the maintenance or construction of public utility lines and like materials. H. "Rubbish collector" means an agent or employee of the city or any person, firm or corporation or association, or the agents or employees thereof,licensed by contract or permit, to collect and transport rubbish in the city. (Ord. 2845 (part), 1967: Ord. 1698 § 1, 1943.) 8.24.020 Container requirements. All garbage accumulated at any private dwelling, boarding- house, restaurant, hotel, eating house, market, grocery store, fruit store, or stores selling fruits and vegetables, or any other place where there is an accumulation of garbage, shall be kept upon the premises in a galvanized iron container or other suitable container, as approved by the board of health, of a capacity of not less than five gallons, with a tight-fitting cover, and in all events of a size sufficient to contain all of the garbage that may accumulate at such place between the times when the same may be removed, and such cover shall be kept securely fastened upon such receptacle while containing garbage,except when garbage is being placed therein or removed therefrom. (Ord. 1698 § 2, 1943.) 8.24.030 Removal of garbage —Construction of containers for removal. A. All garbage shall be removed and conveyed by the city garbage collector and no person other than the city garbage collector shall remove or convey any garbage from any premises or convey the same upon the streets of San Bernardino. B. All garbage shall be transported in metal-lined containers that are waterproof and so constructed as to prevent any garbage or liquid therein from falling, leaking, spilling or 436 GARBAGE AND RUBBISH escaping therefrom and to prevent as far as practicable the escaping of any odor therefrom. The garbage, from the time that the last pickup of the garbage is placed upon the truck and to the point of disposal,shall be covered by a tarpaulin or other suitable covering. Every truck so used for the hauling of garbage shall be washed at least once a week and steam-cleaned once a month and kept in a well painted condition. C. All garbage shall be removed, conveyed and disposed of in such a manner as not to be a nuisance, menace, or danger to public peace,health and safety and shall be in accordance with any rules or regulations as provided by the board of health. (Ord. 1698 § 3, 1943.) 8.24.040 Burying of garbage — Restrictions. It is unlawful for any person to bury garbage within two hundred feet of a dwelling house, restaurant or other structure or building occupied as a residence or otherwise; and provided further, that the garbage so buried shall not become a menace to public health or offensive by reason of any odors arising therefrom; and provided further, that the garbage shall be so buried as not to become accessible to dogs, cats or other animals. (Ord. 1698 § 4, 1943.) 8.24.050 Burning garbage — Restrictions. It is unlawful to burn any garbage in the city unless such burning is conducted in a properly built sanitary incinerator within a building and having a stack sufficiently high to control all odors. (Ord. 1698 § 4A, 1943.) 8.24.060 Substances prohibited in garbage. No glass, razor blades, metal or other substances rendering such garbage unfit for the consumption of animals shall be mixed therewith. (Ord. 1698 § 5, 1943.) 8.24.070 Collection and removal of garbage — Number of times per week. A. All garbage shall be removed once each day from all hotels, restaurants and markets within the city, and all garbage 437 HEALTH AND SAFETY accumulated elsewhere in the City shall be collected and removed two times each week; provided, however, that any garbage contained in any receptacle wheresoever situated in the City shall be removed within forty-eight hours after a specific request for the removal of the same has been made to the garbage contractor by the owner or occupant of the premises. B. All garbage containers shall be collected from private dwellings from the street curb in front of the dwellings and all collections from other places shall be from the street curb or such other place readily accessible to the collector and agreeable to the board of health. C. All garbage and/or rubbish collections shall be made as quietly as possible, and the Mayor and Common Council may fix and determine the hours for collection. D. It is unlawful for any person to place any garbage receptacle in any public highway at any place or in any manner or at any time other than as established by this chapter for the collection of garbage, or to permit such receptacle to remain therein for more than twenty-four hours. (Ord. MC-460, 5-13-85,Ord. 1698 § 6, 1943.) 8.24.080 Dumping garbage on another's property unlawful. It is unlawful, except with the consent of the Mayor and Common Council,to collect,dump or deposit any rubbish upon any property located within the City belonging to another either with or without the consent of the owner thereof;and it is unlawful to establish or maintain a place for dumping rubbish in the City, or to collect, receive or dump any rubbish on one's own property, save and except such rubbish as shall reasonably accumulate upon such property in the reasonable and lawful use thereof, without the consent of the Mayor and Common Council. (Ord. 1698 § 7, 1943.) 8.24.090 Permit required for removing rubbish — Exceptions. It is unlawful for any person, except the City rubbish collector or a person having the requisite license and permit provided for in Sections 8.24.100 through 8.24.180 or 8.24.190 to remove rubbish from any place or premises in the City or convey or transport the same over the public highways thereof except that any person in the lawful possession of any property, (San Bernardino 9-85) 438 GARBAGE AND RUBBISH other than a place of business, may collect and remove there- from and, in a vehicle owned or lawfully possessed by him or her, transport any rubbish naturally accumulated upon such property so owned or lawfully possessed by him or her. (Ord. MC-460, 5-13-85;Ord. 1698 § 8(A), 1943.) 8.24.100 Collection of pasteboard, cardboard and paper— Baling required. After and subject to the issuance of a permit by the Direc- tor of Public Services of the City, any person may collect and remove, or cause to be collected and removed, pasteboard, cardboard, corrugated cardboard boxes and paper, which must also be byproducts as defined in Section 8.24.010, from his local place of business and transport the same in completely covered trucks upon the public highways; provided, that such described materials have first been pressed and baled imme- diately and daily, except on Sundays and legal holidays, by an approved mechanical or hydraulic baler to a dry (twenty percent moisture) density of twelve pounds per cubic foot.The baler shall comply with minimum specifications therefor on file in the Department of Public Services and shall be located in an enclosed room or building on his premises and operated by his employees; and such collection, removal and trans- portation shall be done at least each and every week and in accordance with the rules and regulations of the Director of Public Services. (Ord. MC-344, 2-20-84; Ord. 1698 § 8(B), 1943.) 8.24.110 Collection of pasteboard, cardboard and corru- gated cardboard boxes —Removal semiweekly — Permit required. Any person may remove at least semiweekly pasteboard, cardboard and corrugated cardboard boxes, which must also be byproducts as defined in Section 8.24.010, from his local place of business and transport at least semiweekly the same in a completely covered vehicle upon the public highway; pro- vided, that such person shall first obtain a permit therefor from the Director of Public Services and shall comply with the rules and regulations of the Director of Public Services.(Ord. MC-344, 2-20-84;Ord. 1698 § 8(C), 1943.) 439 (San Bemardino 9-85) HEALTH AND SAFETY 8.24.120 Definition of pasteboard, cardboard, corrugated cardboard boxes and paper;other combustible material. Such pasteboard, cardboard, corrugated cardboard boxes and paper referred to in this chapter shall be deemed to mean combustible material as set forth in Article 11 of the Uniform Fire Code as adopted by the City, and such collection, removal and transportation and the storage of such combustible material shall be performed in compliance with Article 11 thereof and with other provisions of this chapter and law and subject to the rules and regulations of the Director of Public Services and the Fire Chief. (Ord.MC-344, 2-20-84; Ord. 1698 § 8(D), 1943.) 8.24.130 Issuance of permits for removal of combustible material. The Director of Public Services may issue permits to indi- vidual places of business to dispose of byproducts subject to his rules and regulations, provided that any byproduct which is also a combustible material as set forth in Section 8.24.120 or in Article 11 of the Unform Fire Code, shall be removed, stored, transported and disposed of in compliance with Article 11 of said Uniform Fire Code and other provisions of this chapter and law and the rules and regulations of the Director of Public Services and Fire Chief. (Ord. MC-344, 2-20-84; Ord. 1698 § 8(E), 1943.) 8.24.140 Private removal of rubbish, combustible material and byproducts —Permit required. Any person who desires to operate a privately owned vehicle on the public streets for the collection, removal, trans- portation or disposal of any rubbish, combustible material or byproduct must obtain a permit for such operation from the Director of Public Services. No permit may be granted when such vehicle is not provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse, liquids and other material from being blown, dropped or spilled. (Ord. MC-344, 2-20-84; Ord. 1698 § 8(F), 1943.) (San Bernardino 5-84) 440 GARBAGE AND RUBBISH 8.24.150 Revocation or suspension of permit. Any permit may be revoked or suspended by the Director of Public Services for a violation of any provision of this chapter or the rules and regulations of the Director of Public Services or the Fire Chief, subject to a right of appeal to the Mayor and Common Council in accordance with prescribed procedures. (Ord. MC-344, 2-20-84; Ord. 1698 § 8(G), 1943.) 8.24.160 Authority of Director of Public Services to make rules and regulations. The Director of Public Services shall have the authority to make reasonable rules and regulations concerning the storage, collection, transportation and disposal of rubbish, garbage, combustible material and byproducts by private persons as he shall find necessary, subject to a right of appeal from his order to the Mayor and Common Council in accordance with prescribed procedures. (Ord. MC-344, 2-20-84; Ord. 1698 § 8(H), 1943.) 8.24.170 Purchase of paper stock products from nonprofit organizations. A. Notwithstanding any other provisions of this chapter or Chapter 8.21 to the contrary, the Mayor and Common Council may award a contract authorizing a paper stock company to purchase and receive paper, pasteboard and cardboard, hereinafter in this section called "paper stock products," from approved nonprofit recreational, religious or charitable organizations. In the award of the contract, the Mayor and Common Council shall require the paper stock company to purchase at a predetermined rate any paper stock products delivered to the paper stock company by any of said organizations. B. The paper stock company may receive paper stock products only in approved drop boxes or storage containers at desig- nated and approved locations on open park, recreational, religious or charitable properties and under conditions that shall prevent the paper stock products from being scattered or dispersed. Such paper stock company shall transport the paper stock products in approved vehicles so covered and operated as to prevent the paper stock products from being scattered,blown or dropped therefrom. 441 (San Bernardino 5-84) HEALTH AND SAFETY C. The paper stock company shall have at least one approved paper press in the City. The receiving, transportation, pressing and possession of such paper stock products by said company shall be performed in accordance with the rules and regulations of the Director of Public Services. (Ord. MC-344, 2-20-84; Ord. 3020, 1969; Ord. 1698 § 8(1), 1943.) 8.24.180 Separation of newspapers from garbage. Notwithstanding any rules and regulations made by the Director of Public Services pursuant to this section, discarded newspapers placed for collection, and not used for wrapping garbage or similar purposes, shall be separated from all other garbage and rubbish and placed for collection in approved containers or securely tied bundles not exceeding fifty pounds in weight. (Ord. MC-344, 2-20-84;Ord. 3401, 1974;Ord. 3396, 1974;Ord. 1698 § 8(J), 1943.) 8.24.185 Term of permit for solid waste handling charges. A. Any solid waste enterprise which is providing solid waste handling services pursuant to the authority of Sections 4270 through 4273 of the Health and Safety Code and this chapter may continue to provide such services beyond the period of five years set forth in Section 4272 of said Code upon and after the granting of a permit for such services by the Mayor and Common Council and subject to the provi- sions of Section 4272 of said Code and this chapter but only if: 1. The permit is and remains in full force and effect; 2. The services of the enterprise are and continue to be in substantial compliance with any term or condition imposed under such permit or as may be modified by the Mayor and Common Council (and kept on file in the office of the Director of Public Services of the City) and with any other applicable section of this chapter; 3. The rates charged and the quality and frequency of services are and remain in substantial compliance with Section 4272 of said Code, this chapter and each term and condition of such permit. (San Bernardino 5-84) 442 a• t GARBAGE AND RUBBISH B. Each permit shall be for a period of five years, and shall terminate at the end of such period unless renewed or extended by the Mayor and Common Council. It shall not be transferable or assignable without the approval of the Mayor and Common Council. The permit may be terminated at any time by a thirty-day written notice mailed to the solid waste enterprise at the address on file in the office of said Director of Public Services when in the sole discretion of the Mayor and Common Council it is determined that the enterprise is not in substantial compliance with any term and condition of the permit, Section 4272 of the Health and Safety Code, or this chap- ter, or for any other reason. The permit shall terminate thirty days after the mailing of the notice. C. Notwithstanding any provision herein to the contrary, the amendment of Health and Safety Code Sections 4270 through 4273 or the extension of the five-year period under Section 4272 or other applicable law shall preempt the pro- visions of this chapter, and any rights or privileges granted hereunder shall thereupon become null and void. However, the repeal of all or any one of Sections 4270 through 4273 of the Health and Safety Code shall not affect the intent and meaning of this section and the provisions of said sec- tions of the Code shall be deemed to remain in effect with the same language and meaning as existed on the date of adoption of this section. (Ord. MC-344, 2-20-84; Ord. 3936 § 1, 1980; Ord. 1698 § 8'/a, 1943) 8.24.190 Only persons with license and permit or persons with contract to collect rubbish. A. It is unlawful for any person, firm or corporation, except an agent or employee of the City, or a person, firm or corporation excepted under Sections 8.24.090 through 8.24.180, or a person, firm or corporation possessing the requisite business license and having obtained -from the Mayor and Common Council upon the recommendation of the Director of Public Services a permit to collect rubbish in accordance with the rules and regulations of the Depart- ment of Public Services as approved by the Mayor and 442-1 (San Bernardino 5-84) HEALTH AND SAFETY Common Council, or except a person, firm or corporation having a contract awarded pursuant to Section 8.24.240, to collect, remove or dispose of rubbish with the City; pro- vided, that a person, firm or corporation, having obtained said business license and permit, may collect, remove and dispose of rubbish only from the following locations: 1. Motels and gasoline service stations;and 2. Business, commercial and manufacturing establish- ments within the business districts. "Business, commercial and manufacturing establishments" as used in this section means those business, commercial and manufacturing establishments within the business districts, as defined in Subsection B of this section, whether located inside or outside the City, which are being served by said person, firm or corporation on August 28, 1967, or March 26, 1962, whichever is earlier. (San Bernardino 5-84) 442-2 GARBAGE AND RUBBISH B. Business districts for the purpose of this chapter are defined to be the following districts and land use zones: C-I Neighborhood Commercial District C-2 Community Commercial District C-3 General Commercial District C-3A Limited General Commercial District C-4 Central Business District C-M Commercial-Manufacturing District M-1 Light Manufacturing District M-2 General Manufacturing District C. The rubbish accounts of business, commercial and manu- facturing establishments which are being served by a person, firm or corporation on August 28, 1967, may continue to be served by said person, firm or corporation so long as he or it is continuously in business and complies at all times with each and every provision of this chapter and of the rules and regulations of the Department of Public Services. Such accounts may not be sold, transferred or renewed and shall terminate permanently when service is discontinued for any reason. The person, firm or corporation desiring to continue to service the accounts shall register in the office of the Department of Public Services and shall provide names, addresses and other relevant data pertaining to the accounts as may be required by the Director of Public Services or the rules and regulations of the department within thirty days from and after August 28, 1967. (Ord. MC-344, 2-20-84; Ord. 2845 (part), 1967; Ord. 1698 § 81/4, 1943.) 8.24.200 Approval of permit for rubbish collection — Termination of service and account. A. No new permit for rubbish collection shall be approved or issued. A permit which is presently in full force and effect shall not be transferred, assigned or sold and may be summarily suspended, restricted or revoked by the Common Council at any time for good cause, including but not limited to a violation of the rules and regulations of the Director of Public Services or of this chapter; pro- vided that a notice is mailed,postage prepaid, and registered, five days prior to the time of hearing by the Director of Public Services to the holder of the permit; and provided, 443 (San Bernardino 5-84) HEALTH AND SAFETY however, that the right to a notice is waived if an autho- rized representative or employee of the holder is present at the time of the hearing or if the holder has knowledge thereof. B. Notwithstanding any other provision to the contrary, any rubbish account which is being served by a person, firm or corporation, except an agent or employee of the City, or except a person, firm or corporation exempted under Sections 8.24.090 through 8.24.180, or except a person, firm or corporation who has a contract awarded pursuant to Section 8.24.240,at the time of the effective date of this section, shall not be sold, transferred or assigned; and each rubbish account and the service thereof shall terminate permanently when and if service for such account is discon- tinued for any reason. (Ord. MC-344, 2-20-84; Ord. 2443, 1962; Ord. 1698 § 8%, 1943.) 8.24.210 Placement of containers and bins. A. The City shall collect and remove from all places or prem- ises rubbish and garbage which is contained in recepticles or containers of the type, weight, or kind prescribed by the Director of the Department of Public Services, except approved bins mechanically emptied, placed along the street curb in front thereof or along the alley in the rear thereof, depending upon whether the prescribed route is along the street or alley, except as may be otherwise permitted by the rules of the Director of Public Services. The City shall also collect and remove from all places or premises rubbish and garbage which has been placed for collection and which has been placed for collection and which by reason of its character cannot practically be placed in such receptacles. Such receptacle shall not exceed thirty-two gallons in capacity and the receptacle when filled with rubbish and garbage shall not exceed sixty pounds in gross weight. Receptacles shall be free from rough or jagged edges or surfaces which would be likely to cause injury to persons lifting them. An approved receptacle made of wood, card- board or pasteboard is subject to being collected and dis- carded as rubbish. B. No person shall place or cause to be placed any receptacle (San Bernardino 5-84) 444 GARBAGE AND RUBBISH or rubbish or garbage in any public highway or alley at any place or in any manner other than as is provided in this section, or at any time other than on the days and times established by the Director of Public Services for collection of rubbish and garbage on the particular route. In the interest of public safety, no person shall permit rubbish and garbage receptacles to remain on or immediately adjacent to the street or alley after seven p.m. of the collection day. Except on days established for collection, all rubbish and garbage receptacles shall be placed out of sight from any public right-of-way. (Ord. MC-344, 2-20-84;Ord. 3818 § 1, 1979;Ord. 2845 (part), 1967;Ord. 1698 § 9, 1943.) 8.24.220 Daily removal of rubbish from certain places. All rubbish shall be collected and removed once a day from all places of business, hotels, office buildings, shops, stores, hospitals, or any commercial or industrial establishment within the limits of the City, except that any such place or places having a minimum aggregate daily collection of less than five cubic feet of rubbish shall have such rubbish collected and removed at least once a week, and all rubbish shall be collected and removed at least once a month or oftener as the Mayor and Common Council may provide, from all other property within the limits of the City. (Ord. 1698 § 10, 1943.) 8.24.230 Materials prohibited from being mixed with rubbish. No battery acid, poisonous, caustic or toxic material or other substance capable of damaging clothing or causing injury to the person, corrosive or explosive material or substance, hypodermic syringe or needle, or waste or residue containing acids or dangerous or destructive chemicals, shall be mixed or p laced with any rubbish or garbage which is to be collected, removed or disposed of by the City rubbish collector or other duly qualified and licensed person, firm or corporation. (Ord. 2916, 1968;Ord. 2421, 1962;Ord. 1698 § 11'h, 1943.) 445 (San Bernardino 5-84) HEALTH AND SAFETY 8.24.240 Award of contracts for rubbish and garbage collection —Bond required. A. The Mayor and Common Council may, after inviting bids therefor, award a contract or contracts for a period of not more than five years to the lowest and best bidder or bidders for the collection and removal of garbage and/or rubbish or any combination of the same, said contract or contracts to be in accordance with and subject to the terms and conditions of this chapter. B. All bids or proposals shall be accompanied by a certified check or cashier's check payable to the City for an amount in the sum of one thousand dollars, or a surety bond for a like amount, which amount may be forfeited to the City upon failure of the bidder to enter into the contract or contracts awarded to him. C. The successful bidder for the collection of garbage shall furnish a surety bond to the City in the sum of three thousand dollars, conditioned upon the faithful perform- ance of the contract, and the successful bidder for the collection of rubbish shall furnish a surety bond to the City in the sum of three thousand dollars,conditioned upon the faithful performance of the contract, and in the event that the same bidder shall obtain both contracts, then the bidder shall furnish a faithful performance bond to the City in the sum of five thousand dollars. D. The rubbish collector and/or garbage collector shall be required to remove all rubbish and garbage to a point or points designated by the Common Council. E. (Repealed by MC-344.) (San Bernardino 5-84) 446 GARBAGE AND RUBBISH F. The Mayor and Common Council may in their discretion provide for the inclusion in the specifications and in the contract or contracts of such other terms or conditions as they may deem necessary or proper. (Ord. MC-344, 2-20-84; Ord. 2415 (part), 1962; Ord. 1698 § 12, 1943.) 8.24.250 Fees for collection of rubbish. A. The accumulation of garbage and rubbish constitutes a menace to the health, welfare and safety of the inhabitants of the City, and an orderly and regular collection of garbage and rubbish is necessary to prevent the spread of disease, the creation of health menace and a fire hazard. B. The Common Council hereby finds and determines that the periodic collection of garbage and rubbish from all resi- dences in the City benefits all occupants of.residences in the City, and therefore all occupants are made liable for the payment to the City of such garbage and rubbish collection fees as may be from time to time established by resolution of the Mayor and Common Council. C. All fees established by resolution of the Mayor and Common Council for the collection and disposal of rubbish and garbage shall be collected by adding the same to the water bills rendered to customers of the San Bernardino municipal water department whenever it is possible to do so. D. All moneys paid pursuant to the provisions of subsection C of this section shall be applied to satisfy the debt for the total amount of the billing rendered by the water depart- ment, including water, sewer and rubbish and garbage fees and charges. E. The fees for garbage and rubbish collection added to the water bills shall be for the period covered by the bills, and shall be payable at the same time and in the same manner as such bills. F. For the purpose of subsections C and E of this section,the "occupant" shall be the "owner" or his "authorized agent" as determined by the rules and regulations of the board of i water commissioners. G. Whenever it is not practicable to add the garbage and rubbish fees to the water bills, the City Administrator shall cause bills to be rendered for such fees. A deposit may be 447 (San Bernardino 5-84) HEALTH AND SAFETY required of any occupant whenever, in the opinion of the city administrator, such deposit is necessary to insure prompt and satisfactory payment of the garbage and rubbish fees. In the event that any occupant having to his credit a deposit for the fees shall, for any reason, discon- tinue such service, the deposit shall first be applied to pay for any garbage and rubbish fees remaining unpaid and any remaining balance of the deposit shall be refunded. H. Any fees imposed by this section shall be a civil debt owing to the city from the occupant of the residence where garbage and rubbish collection service is available. In the case of multiple dwellings where the fees are not billed in accordance with subsections C and F of this section, such charges shall be billed to the landlord who shall collect the charges levied against the occupants of the dwelling units located in the multiple dwellings and shall transmit the amount so collected to the city. In the event the landlord fails to collect any such charge from any occupant, the land- lord shall be liable to the city for the payment of such charges. 1. The mayor and common council shall provide by resolu- tion, from time to time, rates for the collection of rubbish and garbage, and provide for the levy and collection of fees covering such charges. (Ord. 2845 (part), 1967: Ord. 1698 § 121/2, 1943.) 8.24.260 Extension or renewal of contract without inviting bids. Where a contract, as provided in this chapter, has been entered into between the City and a contractor, as herein defined, and the contractor has satisfactorily performed the contract, the mayor and common council, without inviting bids or proposals therefor, and without giving any notice of its intention to do so, may, either prior or after the expira- tion of such contract, extend or renew the same, for terms not exceeding five years each, upon the same conditions and provisions, or such other conditions and provisions, including the payment of moneys, as the mayor and common council shall provide. (Ord. 2415 (part), 1962: Ord. 1698 § 13, 1943.) 4.38 NUISANCES 8.24.270 No charges or fees to be exacted except as provided in contract. It is unlawful for any contractor to whom a contract shall be awarded, as herein provided, to make or exact any charge or fee for the collection or removal of any rubbish and/or garbage save and except the charge or fee specified in the contract, and the rate fixed by the contract shall be the legal charge to be made. (Ord. 1698 § 14, 1943.) 8.24.280 Violation — Penalty. Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010. (Ord. MC-460, 5-13-85; Ord. 1698 § 15, 1943.) Chapter 8.27 NUISANCES' Sections: 8.27.010 Public nuisance defined — Removal deemed necessary. 8.27.020 Refusal of owner to remove nuisances — Infrac- tion —Power of arrest —Notices to appear. 8.27.030 Declaration and order to abate public nuisance — Right of protest and hearing. 8.27.040 Notice to clean premises; protests and notice of hearing thereon. 8.27.050 Notice to clean regrowth — Seasonal and recur- rent nuisances. 8.27.060 Hearing by Board of Building Commissioners — Appeal to Mayor and Common Council. 8.27.070 Abatement of nuisance. 8.27.080 Performance of work under contract — Bids. 8.27.090 Removal of nuisance by property owner —Time limit. 449 (San Bernardino 9-85)