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,
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February 17, 1994 1
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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.
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February 17, 1994 2
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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
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24
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February 16, 1994 2
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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
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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)