HomeMy WebLinkAbout2019-027Resolution No. 2019-27
RESOLUTION NO: 2019-27
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTION 1 OF RESOLUTION 2010-325
CONSTRUCTION AND DEMOLITION RECYCLING
PROGRAM IN ORDER TO INCREASE MINIMUM
DIVERSION REQUIREMENT SET BY CALIFORNIA
GREEN BUILDING STANDARDS CODE (CALGREEN)
WHEREAS, tin September 20, 2010, the Mayor and Common Council adopted
Resolution 2010-325 establishing the Construction and Demolition Recycling Programs
Parameters; and
WHEREAS, on December 19, 2016, the Mayor and City Council adopted Chapter 8.24
Solid Waste Collection, Removal, Disposal, Processing and Recycling of the City Municipal
Code; and
WHEREAS, pursuant to San Bernardino Municipal Code Chapter 8.24. 100 (A) Covered
and Non -Covered Projects, the minimum C & D Diversion Requirement is established by
Resolution of the Mayor and City Council; and
WHEREAS, the State of California through its California Green Building Standards
Code, Part 11 section 5.408.1 Construction waste management. Recycle and/or salvage for reuse
a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance
to Section 5.408.1.1, 5.408.1.2 or 5.408.1.3; or meet a local construction and demolition waste
management ordinance, whichever is more stringent.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Section 1 of Resolution No. 2010-325 is hereby amended in its entirety to
read as follows:
"Minimum Diversion R uirement. Covered and Non -Covered Projects shall divert
sixty-five (65) percent of construction and demolition waste."
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity does not qualify as a "project" pursuant
to State CEQA Guidelines section 15378 given that it does not have the potential for resulting in
either a direct physical change in the environment, or a reasonably foreseeable indirect physical
change in the environment. Further, the activity is activity is covered by the general rule in State
CEQA Guidelines section 15061(b)(3) that where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the
Resolution No. 2019-27
activity is not subject to CEQA. Here, raising the minimum diversion requirement to 65 percent
will result in less construction waste being disposed of in landfills, will increase the amount of
construction materials being recycled, and will bring the City's Municipal Code into consistency
with California Green Building Standards Code provisions.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the CityC ci igned by the Mayor and attested
by the City Clerk this 20" day of February 2019. �
r
John Valdivia, Mayor
City of San Bernardino
Attest:
lam.
Georgeann Manna, MM ,'City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-27
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-27 adopted at a regular meeting held at the 20ffi day of February 2019 by
the following vote:
Council Members: AYES NAYS
SANCHEZ X
MARRA C
VACANT
SHORETT X
NICKEL
RICHARD _X
MULVIHILL X
ABSTAIN ABSENT
WITNESS my }land and official seal of the City of San Bernardino this 200' day of February
2019.
Georgeanrdianna, MMLtity Clek