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HomeMy WebLinkAbout15-Public Works CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACITR I G (U� NA L From: Randy Kuettle, Acting Director Subject: Public Hearing - Ordinances and Resolutions establishing the Construction and Dept: Public Works Demolition Recycling Program and related fees and charges and establishing the roll-off Date: September 14, 2010 bin definition and regulations of self-haul. Meeting Date: September 20, 2010 Synopsis of Previous Council Action: January 19, 2010 (MC 1321)-An urgency Ordinance was approved by the Mayor and Common Council of the City of San Bernardino in order to amend the definition of "Roll-off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code and declaring the urgency thereof. October 2, 2006 (MC 1232) -An Ordinance of the Mayor and Common Council of the City of San Bernardino, California Repealing Chapter 8.21; Repealing and Replacing Chapter 8.24 of the San Bernardino Municipal Code Regarding Garbage and Rubbish and Repealing and Replacing Chapter 8.25 regarding scavenging of recyclable materials. Recommended Motion: 1. That a public hearing relative to establishing a Construction and Demolition Recycling Program (C&D) Program be closed. 2. That said resolutions A and B, be adopted; and that said ordin. -s C, D a d E, be laid over for final adoption. Signature Contact person: Randy Kuettle, Acting Director 7 Phone: 5140 Supporting data attached: Ward: All Staff Report, Resolutions, Ordinances and Attachments FUNDING REQUIREMENTS: Amount: (No Cost to the City) Source: No impact to the General Fund 027 Finance: Council Notes: e' }"`'d'`'„ /2 /1 d - �/�✓,�Q -"_v!' Re-1332. • Ale- /333 MC— /3311 Agenda Item No. /GM O CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Public Hearing — Ordinances and Resolutions establishing the Construction and Demolition Recycling Program and related fees and charges and establishing the roll-off bin definition and regulations of self-haul. Background: On January 19, 2010, an urgency ordinance was passed that amended the definition of"Roll-off Bin" contained in Section 8.24.060 (W), of Chapter 8.24 of the San Bernardino Municipal Code. The definition of"Roll-off Bin" was changed because the Public Works Department, Integrated Waste Management Division was being prevented from enforcing San Bernardino Municipal Code Section 8.24.270(Roll-off Bin—Franchise Required). A Legislative Review Committee (LRC) meeting was held on February 2, 2010 to review and discuss the urgency ordinance. Council committee members identified issues with the roll-off ordinance restrictions and requested more "business friendly" options. Therefore, Council Committee members asked staff to identify options for regulating self-hauling for contractors in the City. In conjunction with establishing the self-haul provisions, staff was in the process of developing a construction and demolition ordinance. A Construction and Demolition (C&D) Ordinance is an effective method for diverting material from disposal facilities. In general, C&D materials include construction waste such as concrete, asphalt, drywall, and lumber. In an effort to provide clear, concise guidelines for contractors, LRC asked staff to combine the self-haul roll-off provisions and the C&D Ordinance as one item. The proposed C&D ordinance is modeled after those posted on the Department of Resources Recycling and Recovery(CalRecycle)website. Since the proposed action involved fees and deposits, it is necessary to hold a public hearing. This proposed action has been noticed in the Sun newspaper on August 28, 2010. Construction and Demolition Ordinance : A C&D Ordinance is an effective method for diverting material from disposal facilities in order to reduce waste going to landfills. The purpose of the ordinance is to protect the public health, safety, and welfare of the community and to achieve the mandate of the California Waste Management Act of 1989. Through this Act, commonly referred to as Assembly Bill 939 (AB 939), each local jurisdiction in the State is required to divert 50% of discarded materials from landfills. Cities and counties could face fines up to $10,000 per day for not meeting the 50% diversion mandated goal. A C&D Ordinance for the City of San Bernardino will achieve the following: (1) Encourage overall recycling within the City limits, 27 £ q-20-2010 1 /'ors (2) Act as a support for the existing roll-off ordinance, (3) Decrease reliance on local landfills, and (4) Meet the State requirement for a C&D program and bring the City in alignment with other California cities. Staff conducted a survey of eleven surrounding cities; nine have construction and demolition ordinances in place and approximately half of the cities surveyed have a deposit associated with the program, to provide an incentive for compliance. In regards to the self-haul provision, of the eleven cities surveyed, only two cities allow subcontracting of roll-off bin service. Staff from these two cities indicated that they are currently revising their ordinance to address reporting and enforcement issues generated by allowing subcontractors to self-haul. (Attachment 1) Since the C&D ordinance and self-haul provisions are related, local developers/contractors have agreed to obtain a current building and a demolition permit for each job. The proposed ordinance will require residential and commercial C&D projects with valuations of$150,000 or more to divert 50% of the material to recycling facilities. If the project meets the threshold, the contractor/developer will submit an application fee of$34.00 per project (Attachment 2) and a refundable deposit that is based on 0.25% of the total project valuation (Attachment 3). Upon submitting the deposits and fees, a building and demolition permit will be issued by the Community Development Department. It is anticipated that 5% of the projects processed through the Community Development Department will meet the proposed threshold for C&D projects. Once the project is complete and the building inspector signs-off on the final project, the contractor has 60 days to submit the construction and demolition waste recycling and disposal report. If the project met the 50% diversion requirement, then the entire deposit will be refunded. If the contractor recycles less than the required amount, the contractor will be refunded a percentage equal to the actual diversion amount. If the contractor fails to submit the documentation within 60 days, the entire deposit is forfeited to the City. Outreach and Education Staff worked with local contractors and drafted the ordinance to address the objectives of the LRC Committee, contractors, and the City's current franchise haulers (Burrtec and Cal Disposal). On February 24, 2010, staff met with four local contractors and discussed their need for temporary relief and presented options that would meet the objectives of the LRC Committee. The local contractors, developers, and Building Industry Association (BIA) were notified via e-mail of this proposed construction and demolition ordinance and self-haul provisions in early May 2010. A formal meeting was held at City Hall on May 17, 2010 to discuss these items. No contractors, Building Industry Association members nor developers attended the meeting. An updated self-haul document was sent to local contractors on July 29, 2010 and the parties that responded stated that they had no issues or concerns with the document and were looking forward to the implementation of the program. Once the recommended actions are approved by the Mayor and Common Council, a Construction and Demolition Waste Recycling Program brochure will be developed and available at the Community Development counter. There will be a section on the City website detailing the information as well. The City will provide a six-month grace period to the C&D 2 ordinance and self-haul permits to determine if any adjustments need to be made. Staff will conduct several workshops and information sessions during the grace period for continued outreach and educational purposes This will allow for ample feedback from builders and contractors regarding any issues or concerns. Self-hauling Provisions:, A state licensed construction contractor, whether acting as a general or subcontractor on a job, may self-haul recyclables, construction and demolition debris as set forth in Section 8.24.530 generated by the construction contractor from any job site within the City provided: (1) The construction contractor has a City business registration certificate; and (2) The construction contractor owns or leases the self-hauling equipment, and the self- hauling equipment is clearly marked with the identity of the construction contractor; and (3) The construction contractor produces proof of insurance for said vehicle; and (4) The construction contractor's self-hauling equipment is operated by an employee of the construction contractor; and (5) The construction contractor holds a current building and demolition permit for the job from which the self-hauling is made and complies with the construction and demolition provisions of the City; and (6) The construction contractor applies for a construction and demolition self-haul permit and pays the$130.00 fee (Attachment 4); and (7) The construction contractor remits the deposit of 0.25%of the valuation of the project. Based on these proposed provisions, contractors will be allowed to haul roll-off bins in the City of San Bernardino under specific guidelines. Upon obtaining a current business registration certificate, the construction contractor will apply for the appropriate permits including the building and demolition permit and the construction and demolition self-hauling permit. Upon executing the permits, the construction contractor shall adhere to the C&D 50% diversion requirement and the fees and requirements thereof Upon completion of the project, the construction contractor shall remit the appropriate documents for the diversion requirement for the release the C&D deposit. Enforcement:, Staff will inspect the project sites of all self-haulers on a routine schedule and monitor all other project sites to assure that contractors are complying with the C&D, roll-off, and self-haul ordinances. In accordance with SBMC Chapter 8.24 Refuse and Solid Waste, Chapter 9.90 Authority to Arrest-Citations, Chapter 9.92 Administrative Citation Process, and Chapter 9.93 Administrative Civil Penalties, the following enforcement steps may be applied by an Enforcement Officer for a violation of the City's self-haul provision: • 1St Violation-24-Hour Notice to Remove Roll-Off Bin • 2nd Violation- $100.00 Administrative Citation • 3rd Violation-$200.00 Administrative Citation • 4th Violation- $500.00 Administrative Citation • Subsequent Violations-Administrative Civil Penalties 3 Financial Impact: There will be no impact to the General Fund. The estimated roll-off gross revenue for fiscal year 2010/2011 is $2,500,000. The implementation of self-haul will decrease City roll-off service requests due to contractors hauling materials without the need to utilize City services. Therefore, the loss to the City is estimated at a minimum of 2% of the estimated gross revenue or$50,000. However, the proposed self-haul permit fee is estimated to generate $37,000 annually. In addition, staff estimates the City will generate approximately $13,000 ($34.00 application fee x 385 permit/year) annually in application fees. These fees will offset the loss revenue of$50,000 and cover the staff time necessary to implement and monitor the program. Monies received as a result of forfeited deposits are unknown at this time but will be used for additional programs to promote and divert recyclable materials. Recommendation: 1. That a public hearing relative to establishing a construction and demolition recycling program(C&D)Program be closed. 2. That said resolutions A and B,be adopted; and that said ordinances C,D and E,be laid over for fmal adoption. Attachments: 1. Local C&D Ordinances Overview 2. Application Fee Cost Analysis Worksheet 3. Deposit Cost Analysis Worksheet 4. Self-Haul Permit Cost Analysis Worksheet 4 c N 2 2 2' - ° 2 C 2 w w B ' c — m o •m d m m a) a) ; m 0 o Q w ww ..�°- z `v o d w z v c a c �� TO • C c C c c >> w c . E w otl d 2 C 2 C. C 2 2 2 m C 2 _.. 2 CN N a O 0) O O. O. ° z co 8 _ C Z C C co• � O Acs+) N 00 LL fA - C $3 fH 49 c sj = = o 0 L O Q 0) 0 C 0 0 0)0) 7 - O' w 6 CO to N in 001 O .CA C �Lr. Q 0 0 0 d Q d L a E E z oo N % Z 'O p 7 = CI > H a p Q w 'O C C m p q O CO 0 C W C ao o O. o0 O O O O 0• C. to C O u7 0 0 .- O o >- D o C Noon c c $3$3vto va$ C to fffS C1/► WI O im- V CL ° A a o a O. a Q N m N Q N Cw CO CD« = a c c >. C m z >' z O N 5 `o r v V 'e ` i U u' a t 0 0 Q N E C o o co N N Q N 0) 0) Z 0) 0) c Z q p )0 C C >. 07 Z >. CO 32a H G d 0 • fY Z 0) d m m co co = I 2 V 2 2 S U Z W o N = V 2 u1 o 7 0) 7 C 7 7 In U U m !%) m 0 f0 0) m y CO H 0) Ol W 0) w y= V. F 2 .c c tw .0 0)c rw c .0 S 0= C u.2 J dLL d LL 0 0 °� c d c > E �� m `- w 2U) E 0co • 1011 U= LL NS U lL 05 lei CO C.) tl dS 0 U.QS .. U of u. �°tSy ill W A m m a V N w +�+ w I CI V C y Z °) m c a c o rn 1 In 0 Z a 0 Q > n Q ° o^ ^ e O co O a 0 Z 0 a ) Z E CO) V f.) F. '° vi0 00 V a0 d) O m 0) m $ 0) V O d p O N 0 01 O °' 0 •o 'Q •O. = .c cc p .Q p Q 2 E 8 c co E a E o o a a o a. a c 1 8 — � Q i U) i- C)to 0 A 0 co Z w a o Z 0 V) Cl) V)III W in ea < Cl) Z r CO > Z > } > z C > > >' U c a re .c O o S � in mm c 1� Z Z N1 W Z Z Z Z Z Z Z LU �7 p Z Z t-3 R Q R O 3 p 8. 0 0 a .0 « It Q V t . !— u .c 3 a W CO Z Z Z }CO >-CO Z >- } >-G >- Z y W O e } O I'y s O E^ 01 d v o CO C G v CO a SI o W y a1 S 9 O FO" 'O « O J °� R +�+ m � � � t 0 o C � C . cm E O.w c Q c ec a _, W cc a m o g'a o °� o V Nm Nv S O w IX 0 LX V H> J 2 0 V Attachment 2 User Fee Determination Cost Analysis Worksheet User Fee Description Date Department/Division Fund } Public Works/IWM I I Account' Application Fee 8/31/2010 Description of service, demand,subsidy,and other comments: The contractor or sub-contractor must pay an Application Fee for every project that requires C&D. This fee will cover the cost for issuing, reviewing and processing the application. Personnel Costs = ', 1-A130Rates . ' ^ , ... : ; ..°' Straight Time Fringe Total Direct Dept.or Div. Total Burden Hours by Total Labor Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. Position per Unit Cost per Environmental Project Manager 26.03 9.11 35.14 3.51405 38.65 0.15 5.80 IW Field Inspector 21.69 7.59 29.28 2.928 32.21 0.75 24.16 SR. Plans Examiner/Dev. 25 8.75 33.75 3.375 37.13 0.15 5.57 0 0.00 Services Tech 0 0.00 0 0.00 0 0.00 Total Burdened Personnel Costs per Unit of Service: 35.52 Material &Rental Costs Cost Each uantity Required Unit Cost Description Total Other costs per Unit of Service: Other Costs (Equipment,facility rental, part-time labor w/o benefits) Cost Each uantity Required Unit Cost Description 0 0 Total Other costs per Unit of Service: 0.00 Comparisons to Proposed Fee More(Less)than S.B. Total Service Direct Cost $ 35.52 Jurisdiction Fee per Unit Dollars Percentage City-Wide Gen.&Admin. Rate el 25.86% $ - Total Service Cost/uns $ 35 52, Recommended Fee $ 34.0Q Recommended Fee Subsidy $ 1.52 Current Fee Amount $ - Fee Increase(Decrease) $ 34.00 Attachment 3 User Fee Determination Cost Analysis Worksheet IDepartment/Division Fund Account User Fee Description Date Public Works/IWM I I I Deposit 8/1/2010 Description of service, demand,subsidy, and other comments: Personnel Costs , :.,,,, a LabtRatles ,'` . . ~ , . Straight Time Fringe Total Direct Dept.or Div. Total Burdenec Hours by Total Labor Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. osition per Unit Cost per 0.00 0.00 0 0.00 0 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0 0.00 0 0.00 Total Burdened Personnel Costs per Unit of Service: 0.00 Material &Rental Costs Cost Each antity Required Unit Cost Description Total Other costs per Unit of Service: 0 Other Costs (Equipment,facility rental, part-time labor w/o benefits) Cost Each antity Required Unit Cost Description Total Other costs per Unit of Service: Comparisons to Proposed Fee More(Less)than S.B. Total Service Direct Cost $ - Jurisdiction Deposit/Square Foot Dollars Percentage City-Wide Gen.&Admin. - 0.25% $150,000 0.00% Rate Q 25.86% $ San Bernardino - San Bernardino $0.25 0.00% Total Service Cost/Unit Grand Terrance $1.00 75.00% Loma Linda I $1.00 I 75.00% Recommended Fee $ 0.25 Laguna Hills $0.35 10.00% Recommended Fee Subsidy $ (0.25) Rancho Cucamonga I $5,000 I 1000-9999 Current Fee Amount $ Fee Increase(Decrease) $ 0.25 Attachment 4 User Fee Determination Cost Analysis Worksheet Department/Division I Fundl Account) User Fee Description Date (Public Works/IWM Self-haul Permit Fee 8/31/2010 Description of service,demand,subsidy,and other comments: The contractor or sub-contractor must pay a Self-haul Permit Fee for every project that requires C&D. This fee will cover the cost for reviewing and enforcing the self-haul permit. Personnel Costs ARAMS' at , Nkaf Straight Time Fringe Total Direct Dept.or Div. Total Burdenec Hours by I Total Labor Position Labor Benefits Labor Cost Overhead Labor Cost/Hr. Position per Unit Cost per Environmental Project Manager 26.03 9.11 35.14 3.51405 38.65 1.25 48.32 IW Field Inspector 21.69 7.59 29.28 2.928 32.21 2 64.42 SR.Plans Examiner/Dev. 25 8.75 33.75 3.375 377:33 0.5 18.56 Services Tech 0 0.00 0 0.00 0 0.00 Total Burdened Personnel Costs per Unit of Service: 131.30 Material&Rental Costs Cost Each Quantity Required Unit Cost Description Total Other costs per Unit of Service: Other Costs(Equipment,facility rental,part-time labor w/o benefits Cost Each uantity Required Unit Cost Description 0 0 Total Other costs per Unit of Service: 0.00 Comparisons to Proposed Fee More(Less)than S.B. Total Service Direct Cost $ 131.30 Jurisdiction Fee per Unit Dollars Percentage City-Wide Gen.&Admin. Rate©25.86% $ - Total Service Cost/Unit $ 131 30 Recommended Fee $ 130 00 Recommended Fee Subsidy @$ 1..3Q$ Current Fee Amount $___.=_. Fee Increase(Decrease) $ 130.0Q r Py 1 ORDINANCE NO. .. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 3 ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING 4 PROGRAM 5 WHEREAS, Title 8, Chapter 24 of the City of San Bernardino Municipal 6 Code regulates the storage, removal, transportation, and disposal of solid 7 waste; and, 8 WHEREAS, the State of California through its California Waste 9 Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local 10 11 jurisdiction in the state divert 50% of discarded materials from landfills by 12 December 31, 2000; and 13 WHEREAS, Cities and Counties face fines up to $10,000 a day for not 14 meeting the 50% diversion mandated goal. Failure to comply exposes the City 15 to these penalties; and, 16 WHEREAS, Reusing and recycling construction and demolition waste is 17 18 essential to further the City's efforts to reduce waste and comply with AB 939; 19 and, 20 WHEREAS, Senate Bill 1374 (SB 1374) requires the Department of 21 Recycling Resources and Recovery (CalRecycle) to adopt a model ordinance, 22 and requires, by an unspecified date, local jurisdictions to adopt the model 23 ordinance if the local jurisdiction does not have an ordinance already in place; 24 25 and, 26 WHEREAS, The City Municipal Code does not currently require the 27 recycling or reuse of construction and demolition waste; and, 28 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO 2 ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING 3 PROGRAM 4 WHEREAS, Forfeited Security Deposits may be used to offset costs, 5 penalties, and other fees associated with AB 939., 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 Section 1. Chapter 8.24.5 is hereby added to Title 8 "Health and Safety" 9 of the San Bernardino Municipal Code to read as follows: 10 11 /// 12 /// 13 14 /// 15 16 /// 17 /// 18 19 /// 20 21 /// 22 /// 23 24 25 /// 26 27 /// 28 1 Chapter 8.24.5 2 3 CONSTRUCTION AND DEMOLITION WASTE RECYCLING PROGRAM 4 Sections 5 8.24.5.010 Declaration of Purpose 6 8.24.5.020 Definitions 7 8.24.5.030 Covered and Non-Covered Projects 8 8.24.5.040 Security Deposit Required 9 8.24.5.050 Exemptions 10 8.24.5.060 Refund of Security Deposit 11 8.24.5.070 Application Fee 12 8.24.5.080 Reporting 13 8.24.5.090 Appeal 14 15 8.24.5.100 Severability Clause 16 17 8.24.5.010 Declaration of Purpose 18 The purpose of this chapter is to promote the recycling of construction and demolition waste, as defined herein, to protect the public health, safety, and 19 welfare and to meet the City's obligations under AB 939 and its Alternative Diversion Debris Requirement approved by the California Department of 20 Resources Recycling and Recovery ("CalRecycle"). 21 8.24.5.020 Definitions For the purposes of this chapter, unless otherwise apparent from context, certain 23 words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes 24 only and are not intended to narrow the scope of definitions set forth in federal or 25 state laws or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also 26 mean feminine and neuter. 27 A. "Applicant" means any individual, firm, limited liability company, association, 28 1 partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies, or is required 2 to apply, to the City for permit(s) to undertake a construction, demolition, or 3 renovation project within the City. 4 B. "City Project Construction & Demolition (C & D) Waste Policy" means the City's standards for recycling C & D Waste from landfills for City contracted projects, set 5 forth in a resolution of the Mayor and Common Council. 6 C. "Construction" means the act of assembly, erection, demolition, addition, alteration or remodel, and similar and related activities, of any facility, structure, 7 improvement, or any portion thereof, or appurtenance thereto. 8 D. "Construction and Demolition (C & D) Waste" means used or discarded 9 materials removed from, or to be removed from, the location of a Project Construction. C & D Waste includes, but is not limited to, Recyclable and Reusable 10 Materials. 11 E. "Construction and Demolition (C & D) Waste Recycling and Disposal Report Summary" means a form submitted by an applicant for any Covered Project after 12 completion of a Project. The documentation shall include actual data of tonnage 13 of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling 14 companies, contractors and/or landfill and disposal companies. 15 F. "Covered Project" means any Project that meets or exceeds the Covered Project Threshold set forth by resolution of the Mayor and Common Council. 16 G. "Demolition" means the decimating, razing, ruining, tearing down or wrecking 17 of any facility, structure, pavement or building, whether in whole or in part, whether 18 interior or exterior. 19 H. "Director of Public Works" means the person designated by the City Manager who is authorized and responsible for implementing this chapter. The term also 20 includes the designees of such person. 21 I. "Diversion Requirement" means the minimum percentage of Construction and 22 Demolition Waste for each Project to be diverted from landfills as set forth in a resolution of the Mayor and Common Council. 23 J. "Divert" or"Diversion" means a reduction of the amount of waste being disposed 24 in landfills by any of the following methods: 25 1. Use of new construction methods, as approved by the Director of Public Works, that reduce the amount of C & D Waste generated. 26 2. On-site re-use of the materials/waste. 27 28 1 3. Delivery of the waste from the site to a Recycling Facility. 2 4. Other methods as approved by the Director of Public Works. 3 K. "Project" means any activity that requires an application for a building or demolition permit from the City. 4 5 L. "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning 6 them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in 7 the marketplace. 8 M. "Recycling Facility" means a recycling, composting, materials recovery, or re-use facility that has obtained all applicable federal, state, and local licensing, 9 certification, and permitting and that is operating in full compliance with all 10 applicable regulations. The Director of Public Works shall maintain a list of approved facilities for reference by the Applicant. The Applicant may use an 11 unlisted facility of their choice if the Applicant, prior to beginning a Project, provides documentation demonstrating that the unlisted facility qualifies as a Recycling 12 Facility under this definition. 13 N. "Recyclable and Reusable Materials" means all C & D Waste that is within any 14 of the following categories: 15 1. Masonry building materials including but not limited to, asphalt, concrete, rock, stone, and brick. 16 2. Wood materials including any and all dimensional lumber, fencing, or 17 construction wood that is not chemically treated, creosoted, CCA 18 pressure treated, contaminated, or painted. 19 3.. Vegetable materials including trees, tree parts, shrubs, stumps, logs, brush, or any other type of plants that are cleared from a site as part of 20 the Project . 21 4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames, and fences. 22 23 5. Roofing materials including wood shingles as well as asphalt, stone, and slate based roofing material. 24 6. Salvageable materials includes all salvageable materials and 25 structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, and appliances. 26 7. Any other C & D Waste that is non-hazardous and available for 27 Recycling or reuse. 28 1 0. "Renovation" means any change, addition, or modification in an existing structure. 2 P. "Reuse" means further or repeated use of C & D Waste 3 4 Q. "Salvage" means the controlled removal of C & D Waste from a Project site for the purpose of recycling, reuse, or storage for later recycling or reuse. 5 R. "Security Deposit" means the cash or cash equivalent deposit required as 6 security for all Covered Projects. The amount of the Security Deposit shall be set forth in a resolution of the Mayor and Common Council. 7 8.24.5.030 Covered and Non-Covered Projects 8 A. Covered Projects: Covered Projects are required to divert Recyclable and 9 Reusable Materials from landfills. The minimum Diversion Requirement is 10 established by resolution of the Mayor and Common Council. 11 B. Non-covered Projects: Applicants for construction, demolition, addition, alteration, and remodel projects within the City that are not Covered Projects are 12 encouraged to divert the minimum Diversion Requirement. 13 C. City Projects: City Contracted Construction shall adhere to the "City Project C&D 14 Waste Policy" established by resolution of the Mayor and Common Council. 15 8.24.5.040 Security Deposit Required 16 Except as otherwise specified in this chapter, each Applicant for a building or demolition permit for a Covered Project, shall remit a Security Deposit in the 17 amount established by resolution of the Mayor and Common Council. The Security Deposit shall be remitted prior to permit issuance. 18 19 8.24.5.050 Exemptions 20 A. Neither a C & D Waste Recycling and Disposal Report Summary nor a Security Deposit shall be required for the following: 21 1. Work for which only a plumbing permit, electrical, mechanical permit or 22 a combination thereof is required; 23 2. Seismic tie-down projects; 24 3. Installation of a patio or awning; 25 4. Installation of pre-fabricated accessories such as signs or antennas; 26 5. Residential pools and spas; 27 6. Re-roof projects, block walls, and retaining walls; 28 1 7. City Owned Projects; 2 8. Other work that the Director of Public Works determines will not produce significant quantities of construction or demolition waste. 3 4 B. An Applicant for Projects may submit an application for exemption on the grounds that the Project will not generate more than 35 gallons of C & D Waste. 5 The application shall be submitted to the Director of Public Works who shall determine if the Exemption is in compliance with this section. 6 8.24.5.060 Refund of Security Deposit 7 A. The Director of Public Works may authorize the refund of any Security Deposit 8 that was erroneously paid or collected. 9 B. The Director of Public Works may authorize the refund of any Security Deposit 10 when the building permit application is withdrawn or cancelled before any work has begun. 11 C. The Director of Public Works may authorize the refund of a Security Deposit 12 when the Applicant has satisfactorily submitted the C & D Waste Recycling and Disposal Report Summary, and at least the minimum Diversion Requirement is 13 met. If the minimum Diversion Requirement is not realized, the amount of the 14 refund shall correspond to the percentage of C & D Waste recycled, reused, or diverted from the landfill. 15 D. If the Applicant fails to submit the documentation required by Section 8.24.5.080 16 within the required time period, the Security Deposit shall be forfeited to the City. 17 8.24.5.070 Administrative Fee 18 As a part of any application for, and prior to the issuance of, any building or 19 demolition permit, every Applicant for a Covered Project, unless otherwise exempt, shall pay an Administrative Fee sufficient to compensate the City for all expenses 20 incurred in reviewing the project and reviewing performance. The amount of this fee shall be set forth in a resolution of the Mayor and Common Council. 21 8.24.5.080 Reporting 22 23 Within sixty (60) days following the completion of a demolition project and/or a Covered Project, the Applicant shall, as a condition precedent to release of the 24 Security Deposit, submit a C & D Waste Recycling and Disposal Report Summary to the Director of Public Works. 25 8.24.5.090 Appeal 26 A. Any person aggrieved by a decision of the Director of Public Works made 27 pursuant to this Chapter may appeal the decision to the Board of Building 28 1 Commissioners. 2 B. The appeal shall be filed with the City Clerk within ten (10) days following the date of the written decision of the Director of Public Works and shall include the 3 payment of all applicable fees. The appeal shall be in writing and set forth (1) the 4 specific action appealed from, (2) the specific grounds for the appeal, and (3) the relief or action sought from the Board of Building Commissioners. In the event any 5 notice of appeal fails to set forth all information required in this section, the City Clerk shall return the same to appellant with a statement that if it is deficient, the 6 appellant shall be allowed ten (10) days after the City Clerk mails the appeal 7 application in which to re-file the appeal. 8 C. The decision of the Board of Building Commissioners shall be final and conclusive and shall not be subject to appeal to the Mayor and Common Council. 9 Pursuant to Code of Civil Procedure section 1094.6, any action to review the decision of the Board of Building Commissioners shall be commenced not later 10 than the ninetieth day after the date the Board's order is adopted. 11 8.24.5.100 Severability Clause 12 If any section, subsection, subdivision, sentence, clause, phrase, or portion of this 13 Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of 14 the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, 15 sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof 16 be declared invalid or unconstitutional. 17 /// 18 /// 19 /// 20 /// 21 22 23 24 25 26 /// 27 28 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO 2 ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING 3 PROGRAM 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by 5 the Mayor and Common Council of the City of San Bernardino at a 6 meeting thereof, held on the day of 7 2010, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 11 DESJARDINS 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 21 2010. 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino Approved as to Form: 25 26 JAMES F. PENMAN, City Attorney 27 By: 28 ORDINANCE NO. 1 � 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE DEFINITION OF "ROLL-OFF BIN" CONTAINED IN SECTION 8.24.060(W), OF 3 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE. 4 WHEREAS, Chapter 8.24 of the San Bernardino Municipal Code sets forth 5 uniform requirements and regulations for the direct and indirect users of the refuse and 6 recycling collection services of the City; and 7 WHEREAS, the use and servicing of roll-off bins affects the health, safety, and 8 9 welfare of the community; and 10 WHEREAS, the current definition of "Roll-off Bins" set forth at San Bernardino 11 Municipal Code Section 8.24.060(W) allows for unregulated collection, servicing, 12 transportation, and storage of refuse, posing a threat to the health, safety, and welfare 13 of the community. 14 WHEREAS, there is a need to amend certain sections of Chapter 8.24 of said 15 Code in order to better clarify the definition of "Roll-off bin" and prevent unregulated 16 17 collection, transportation, storage and servicing of refuse which poses a threat to the 18 health, safety, and welfare of the community. 19 /// 20 /// 21 /// 22 /// 23 24 25 /// 26 /// 27 /// 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE 1 DEFINITION OF "ROLL-OFF BIN" CONTAINED IN SECTION 8.24.060(W), OF 2 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE. 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 4 5 SECTION 1. San Bernardino Municipal Code Section 8.24.060(W) is amended 6 to now read as follows: "W. Roll-off bin' means any size container, including but not 7 limited to an open top/compactor bin or drop body, to which are attached rollers or 8 skids that facilitate movement of the container onto or off of a roll-off truck, flat-bed 9 truck, front loading vehicle or similar vehicle, which vehicle is permanently or 10 temporarily fitted for carrying such container, and by which vehicle the container is 11 moved from site to site for use, servicing, or storage. Use, servicing, or storage may 12 13 include, but is not limited to, the collection or deposit of refuse, recyclables, garbage, 14 e-waste, hazardous waste as well as other byproducts of residence, business, or 15 commercial structures." 16 17 /// 18 /// 19 20 /// 21 22 /// 23 24 25 /// 26 /// 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE 1 DEFINITION OF "ROLL-OFF BIN" CONTAINED IN SECTION 8.24.060(W), OF 2 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 4 Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the day of , 2010, by the 6 following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this day of , 2010. 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to Form: 24 JAME . PENMAN, City Attorney 25 ,LBy: 26 27 28 ORDINANCE NO. `°"" 1 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.24 TO ADD SECTION 8.24.285 SELF-HAUL. 3 WHEREAS, the self-haul section 8.24.285 needs to be added in order to 4 define the term "self-haul" and enforce the Construction and Demolition Program 5 (C&D); and 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The following definition will be included in Section 8.24.285: 9 "Construction Contractor" means any state licensed construction contractor performing construction at a job site. Construction Contractor includes the general 10 contractor and any subcontractors at the job site. A person or company employed, whether for a fee or otherwise, to haul recyclables and construction and demolition 11 debris generated by a Construction Contractor is not a Construction Contractor for 12 purposes of this chapter. 13 "Job Site" means a location at which recyclables and construction and demolition debris are generated by a Construction Contractor. 14 Section: 8.24.285 Self-Hauling 15 16 (A) Subject to subsection (B), a Construction Contractor may self-haul recyclables or C & D Waste, as defined in San Bernardino Municipal Code section 17 8.24.5.020(D), generated by the Construction Contractor at the Job Site. When acting as a general contractor, the Construction Contractor may haul these same materials 18 for any Construction Contractor acting as a subcontractor at the same Job Site. 19 (B) The right of a Construction Contractor to self-haul or haul hereunder is 20 subject to the following conditions: 21 (1) All Construction Contractors generating any of the recyclables or C & D Waste, as defined in San Bernardino Municipal Code section 8.24.020(D), to be self- 22 hauled or hauled shall have a valid City business registration certificate; and, 23 (2) The Construction Contractor owns or leases the self-hauling or hauling 24 equipment, and the equipment is clearly marked with the identity of the Construction Contractor including, as a minimum threshold requirement, company name, address, 25 and phone number; and, 26 (3) The Construction Contractor provides proof of insurance for said vehicle; 27 and, 28 1 (4) The Construction Contractor's equipment shall be operated by an employee of the Construction Contractor at all times during any self-haul or haul to a disposal or 2 processing facility in a manner consistent with all appropriate laws and regulations; and, 3 (5) The Construction Contractor performing the self-haul or haul holds a current 4 Building and Demolition Permit which covers all recyclables or construction and 5 demolition debris for which the Construction Contractor will be performing self-hauling or hauling, and the Construction Contractor complies with the Construction and 6 Demolition provisions of the City. 7 (6) The Construction Contractor shall apply for a Self Hauling Permit Fee as 8 set by the Mayor and Common Council. 9 (7) Regardless of the valuation of the project, the Construction Contractor shall a deposit as set by the Mayor and Common Council. 10 11 SECTION 2. The following fees and deposits will be included in Section 12 8.24.285: 13 (1)A Construction and Demolition application fee per project. 14 (2) A self haul fee per project. 15 3. A deposit shall be required per self haul project regardless of the valuation. 16 SECTION 3. Self-Haul is subject to the rules and regulations as set forth in the 17 San Bernardino Municipal Code Chapter 8.24.5 (Construction and Demolition Waste 18 19 Recycling Program) and fees and deposits as set for by the Mayor and Common 20 Council. 21 22 23 /// 24 /// 25 /// 26 27 /// 28 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.24 TO ADD SECTION 8.24.285 SELF-HAUL. 2 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the 3 4 Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the day of , 2010, by the 6 following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ 9 DESJARDINS 10 BRINKER 11 12 SHORETT 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 Rachel G. Clark, City Clerk 19 The foregoing resolution is hereby approved this day of , 2010. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 Approved as to Form: 24 JAME F. PENMAN, City Attorney 25 By: 26 27 28 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Randy Kuettle, Acting Director Subject: The Mayor and Common Council of the City of San Bernardino Dept: Public Works establish the Construction and Demolition Recycling Program (C&D) Date: August 18, 2010 and approve the recommended Ordinances. Meeting Date: September 7, 2010 Synopsis of Previous Council Action: January 19, 2010 (MC 1321) - An urgency Ordinance was approved by the Mayor and Common Council of the City of San Bernardino in order to amend the definition of "Roll- off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code and declaring the urgency thereof. October 2, 2006 (MC 1232) - An Ordinance of the Mayor and Common Council of the City of San Bernardino, California Repealing Chapter 8.21; Repealing and Replacing Chapter 8.24 of the San Bernardino Municipal Code Regarding Garbage and Rubbish and Repealing and Replacing Chapter 8.25 regarding scavenging of recyclable materials. Recommended Motion: That said resolution A, be adopted; and that said ordinances B C and D, be laid over for final adoption. Signature Contact person: Randy Kuettle, Acting Director Phone: 5140 Supporting data attached: Ward: All Staff Report, Resolution, Ordinances and Attachment "1" FUNDING REQUIREMENTS: Amount: (No Cost to the City) Source: Projected Revenue of $13,000 annually in Construction and Demolition Fees and $60,000 from Franchise Fees Finance: Council Notes: /?/>c, # 26 ■ /2o/i ,a #2-7 ,S Agenda Item No. /O/`/// CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: That the Mayor and Common Council of the City of San Bernardino establish the Construction and Demolition Recycling Program (C&D) Parameters and approve the recommended Ordinances. Background: Staff attended the LRC Committee meeting on February 2, 2010 to review and discuss urgency ordinance passed on January 19, 2010, which amended the definition of a Roll- off bins per MC-1321. Council Committee members expressed concerns that the roll-off ordinance was too restrictive and not "business friendly." Staff discussed the structure of the ordinance and explained how enforcement was applied to contractors. Council Committee members understood staff concerns and directed staff to proceed with options for local contractors to self-haul in the City in order to come up with a permanent solution (i.e. self-haul provisions). In conjunction with establishing the self-haul roll-off provisions, staff was in the process of developing a Construction and Demolition Ordinance. In an effort to provide clear, concise guidelines for contractors, LRC directed staff to combine the self-haul roll-off provisions and the C&D Ordinance as one item. The proposed C&D Ordinance is modeled after C&D Ordinances posted on the CalRecycle website. Self-Haulers: LRC instructed staff to work with local contractors and draft the ordinance to address the various concerns. On February 24, 2010, staff met with four (4) local contractors and discussed their need for temporary relief and presented options that would meet Councils concerns. The local contractors, developers, and Building Industry Association (BIA) were notified of this proposed Construction and Demolition ordinance and self-haul provisions on May 4, 10, and 11, 2010. A formal meeting was held at City Hall on May 17, 2010 to discuss these items. No contractors, Building Industry Association (BIA) nor Developers attended the meeting. No correspondence was received from the aforementioned parties indicating favor or protest to the proposed ordinances. An updated self-haul document was sent local contractors on July 29, 2010 and the parties were in agreement with the document. The proposed self-haul roll-off provision includes: A state licensed Construction Contractor, whether acting as a general or subcontractor on a job, may self-haul recyclables, construction and demolition debris as set forth in Section 8-24-530 generated by the Construction Contractor from any job site within the City provided: (1) The Construction Contractor has a City business registration certificate; and (2) The Construction Contractor shall apply for a Construction and Demolition Debris Hauling Franchise and pay 12% of the haul rate of an open top bin for each 1 service provided to residential, commercial and industrial. The 12% franchise fee shall be based at a rate no less than the minimum rates fixed by the City; and (3) The Construction Contractor holds a current Building and Demolition Permit for the job from which the self-hauling is made and complies with the Construction and Demolition provisions of the City; and (4) The materials being hauled were generated by the contractor; and (5) The Construction Contractor owns or leases the self-hauling equipment, and the self-hauling equipment is clearly marked with the identity of the Construction Contractor; and (6) The Construction Contractor's self-hauling equipment is operated by an employee of the Construction Contractor; and (7) The Construction Contractor produces proof of insurance for said vehicle. Based on the above mentioned proposal, contractors will be allowed to haul roll-off bins in the City of San Bernardino under specific guidelines. Upon having a current business registration certificate, the Construction Contractor will apply for the Construction and Demolition Debris Hauling Franchise. Upon executing the franchise contract, the Construction Contractor will apply for a Building and Demolition Permit and will adhere to the Construction and Demolition 50% diversion requirement and the fees and requirements thereof. Provided the Construction Contractor generates the materials that is being hauled and utilizes equipment that is appropriately labeled and insured, the staff of the Construction Contractor shall operate this equipment. Upon completion of the project, the Construction Contractor shall remit the appropriate documents for the diversion requirement for the release the C&D deposit and shall remit the accurate 12% franchise fees for the project. Construction and Demolition Ordinance (C&D): The main component of implementing a C&D Ordinance is to protect the public health, safety, and welfare of the community and to achieve the mandate of the California Waste Management Act of 1989. The State of California through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the state divert 50% of discarded materials from landfills. Cities and Counties could face fines up to $10,000 per day for not meeting the 50% diversion mandated goal. By reusing and recycling construction and demolition waste, the City will further its efforts to reduce waste and which requires local jurisdictions to adopt the model ordinance if the local jurisdiction does not have an ordinance already in place. A C&D Ordinance for the City of San Bernardino will achieve the following: (1) Encourage overall recycling within the City limits, (2) Will act as a support for existing roll-off ordinance, (3) Decreases reliance on local landfills, and (4) Brings the City in alignment with other California cities that already have a C&D Ordinance in place. Staff conducted a survey of eleven (11) surrounding cities; nine (9) have a Construction and Demolition Ordinance (C&D) in place and approximately half of the cities surveyed have a deposit associated with the ordinance, which provides an incentive for 2 compliance. In regards to the self-haul provision, of the eleven (11) cities surveyed, only two (2) cites allow subcontracting of bin service. These cities are currently revising their ordinance since they have experienced numerous issues regarding mandatory State reporting and enforcement by allowing subcontractors to haul. Since the C&D Ordinance and self-haul provisions are related, local developers/contractors have agreed to hold a current Building and Demolition Permit for each job. The C&D Ordinance threshold of projects that must comply with 50% recycling diversion includes residential and commercial project with valuation upwards of $150,000 and all demolition and self-haul projects. Therefore, local contractor as well as local builders will submit plans to the Community Development Department. If the project meets the threshold, the Contractor/Developer will submit an application fee of $34.00 per project and a refundable deposit. The deposit is based on 0.25% of the total project valuation. Upon submitting the deposits and fees, a Building and Demolition Permit will be issued by Development Services. Once the project is complete and the Building Inspector signs off on the final project, the Contractor has sixty (60) days to submit the Construction and Demolition Waste Recycling and Disposal Report. If the project met the 50% diversion requirement then the entire deposit will be refunded. If the Contractor recycles less than the required amount, the Contractor will receive equal amount of the actual diversion amount. If the Contractor fails to submit the documentation within 60 days, the deposit is forfeited to the City. In addition, the Construction Contractor shall apply for a Construction and Demolition Hauling Franchise and shall remit a 12% franchise fee of the haul rate of an open top bin for each service for the month. The franchise regulations are as listed in San Bernardino Municipal Code 8.24.050. Therefore, the Building and Demolition Permit and Construction and Demolition Debris Hauling Franchise are required components to the self haul provision. Enforcement Impact: The impact to the enforcement section is based on the number of permits issued for self-haul and C&D projects each year. The number of permits is estimated at 385 per year based on a 10-year average. Staff will need to inspect the project sites of all self haulers on a routine schedule and monitor all other project sites to assure that contractors are complying with the City's roll-off, C&D and self-haul ordinances. In accordance with SBMC Chapter 8.24 Refuse and Solid Waste, Chapter 9.90 Authority to Arrest-Citations, Chapter 9.92 Administrative Citation Process, and Chapter 9.93 Administrative Civil Penalties, the following enforcement steps may be applied by an Enforcement Officer for a violation of the City's self-haul provision: • 1st Violation - 24-Hour Notice to Remove Roll-Off Bin • 2nd Violation - $100.00 Administrative Citation • 3`d Violation - $200.00 Administrative Citation • 4th Violation - $500.00 Administrative Citation 3 • Subsequent Violations- Administrative Civil Penalties Financial Impact: The roll-off section of the IWM Division currently generates approximately $3,000,000 in revenues per year. Staff has reviewed the current income for this fiscal year and estimates a short fall of approximately $660,000, this is due a reduction in service calls for roll-offs. Staff estimates the City will generate approximately $13,000 ($34.00 permit fee x 385 permit/year) annually in administrative fees for pulling permits. These fees will offset the staff time to implement and monitor the program. Staff has learned that no comprehensive study has been conducted that focuses on self-haulers and the impacts it has on cities that provide roll-off services. However, staff estimates that approximately $60,000 annually may be earned as a result of the 12% franchise fee for Construction and Demolition Hauling Franchisees. Monies received as a result of forfeited deposits are unknown at this time but will be used for additional programs to promote and divert recyclable materials. Therefore, the Building and Demolition Permit and Construction and Demolition Debris Hauling Franchise are required components to the self haul provision. The duties of the Integrated Waste Field Inspector will be expanded to monitor these activities to ensure compliance. Staff estimates that an additional Integrated Waste Field Inspector may need to be considered in the future to monitor these added activities in order to ensure compliance. Recommendation: That said resolution A, be adopted; and that said ordinances B, C and D, be laid over for final adoption. 4 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CONSTRUCTION AND 3 DEMOLITION RECYCLING PROGRAMS PARAMETERS. 4 WHEREAS, on September 7, 2010, the Mayor and Common Council adopted 5 Ordinance No.2010-xx establishing the Construction and Demolition Recycling Program (Title 8, Chapter 24.5) in order to protect the public health, safety, and 6 welfare of the community, and to achieve the goals of the California Waste Management Act; and 7 8 WHEREAS, pursuant to Title 8, Chapter 24.5 of the San Bernardino Municipal Code, each Applicant who applies for a building permit for Covered Projects shall remit 9 a Security Deposit in an amount set forth in a resolution of the Mayor and Common Council; and 10 WHEREAS, pursuant to San Bernardino Municipal Code Section 8.24.5.020(1), 11 the City Council is to establish the minimum construction and demolition waste 12 diversion requirement by City Council Resolution; and 13 WHEREAS, pursuant to San Bernardino Municipal Code Section 8.24.5.020(F) and (B), the thresholds for Covered Projects and the "City Project C&D Waste Policy" 14 are established by Resolution of City Council; and 15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 16 OF SAN BERNARDINO AS FOLLOWS: 17 SECTION 1. Minimum Diversion Requirement. Covered Projects shall divert 18 fifty (50) percent of construction and demolition waste. 19 SECTION 2. Covered Project Thresholds. 20 A. All new construction, room additions, re-models, demolition, and alterations: 21 The valuation of the project is $150,000 or greater. 22 23 B. Demolitions of buildings and structures regardless of costs. 24 25 /// 26 /// 27 /// 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CONSTRUCTION AND 2 DEMOLITION RECYCLING PROGRAMS PARAMETERS. 3 SECTION 3. Security Deposit. For each application that meets the thresholds 4 identified in section 2 the following Security Deposits shall apply: 5 A. For all new construction, room additions, re-models, demolition, and 6 alterations the Security Deposit is 0.25% of total project cost not to exceed 7 8 $10,000. 9 B. For demolitions, 0.25% of the total project cost, not to exceed $10,000. 10 SECTION 4. The Application Fee for each application for Covered Projects is 11 12 $34.00. 13 SECTION 5. The "City Project C&D Waste Policy" is as follows: 14 A. All contractors who are constructing a city-contracted project will be 15 required by their contract with the City to divert at least fifty (50) percent of al! 16 project-related construction and demolition debris from landfills. 17 B. Upon completion of a City project a contractor must show proof of 18 19 diversion by: 20 1) Submitting a letter on company letterhead to the City that states the estimated 21 tons of construction and demolition debris prior to start of project, a brief 22 description of how project-related debris was recycled or disposed of, and how 23 many tons were diverted from landfills after project completion. 24 2) Attaching original weight slips from Recycling Facilities, or other records of 25 26 measurement to exhibit that project-related construction and demolition debris 27 was diverted from landfills in an appropriate manner. 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CONSTRUCTION 2 AND DEMOLITION RECYCLING PROGRAMS PARAMETERS. 3 3) The Notice of Completion of City-owned projects will not be recorded until these 4 requirements are met to the satisfaction of the Director of Public Services. 5 SECTION 6. The provisions of this Resolution shall become effective when 6 Ordinance No. 2010-xx becomes effective, on , 2010. 7 8 /// 9 /// 10 /// 11 12 /// 13 14 /// 15 /// 16 /// 17 /// 18 19 /// 20 21 /// 22 23 /// 24 /// 25 /// 26 27 /// 28 Ill 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CONSTRUCTION AND 2 DEMOLITION RECYCLING PROGRAMS PARAMETERS. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 4 Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the day of , 2010, by the 6 following vote, to wit: 7 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 SHORETT 14 KELLEY 15 16 JOHNSON 17 MCCAMMACK 18 19 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of , 2010. 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino Approved as to Form: 25 By: 26 James F. Penman, City Attorney 27 28 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 3 ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING 4 PROGRAM 5 WHEREAS, Title 8, Chapter 24 of the City of San Bernardino Municipal 6 Code regulates the storage, removal, transportation, and disposal of solid 7 waste; and, 8 9 WHEREAS, the State of California through its California Waste 10 Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local 11 jurisdiction in the state divert 50% of discarded materials from landfills by 12 December 31, 2000; and 13 WHEREAS, Cities and Counties face fines up to $10,000 a day for not 14 meeting the 50% diversion mandated goal. Failure to comply exposes the City 15 to these penalties; and, 16 17 WHEREAS, Reusing and recycling construction and demolition waste is 18 essential to further the City's efforts to reduce waste and comply with AB 939; 19 and, 20 WHEREAS, Senate Bill 1374 (SB 1374) requires the Department of 21 Recycling Resources and Recovery (CalRecycle) to adopt a model ordinance, 22 and requires, by an unspecified date, local jurisdictions to adopt the model 23 24 ordinance if the local jurisdiction does not have an ordinance already in place; 25 and, 26 WHEREAS, The City Municipal Code does not currently require the 27 recycling or reuse of construction and demolition waste; and, 28 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 2 ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING 3 PROGRAM 4 WHEREAS, Forfeited Security Deposits may be used to offset costs, 5 penalties, and other fees associated with AB 939., 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 Section 1. Chapter 8.24.5 is hereby added to Title 8 "Health and Safety" 9 of the San Bernardino Municipal Code to read as follows: 10 11 /// 12 13 14 15 16 /// 17 /// 18 19 /// 20 21 /// 22 /// 23 24 25 26 /// 27 111 28 1 Chapter 8.24.5 2 3 CONSTRUCTION AND DEMOLITION WASTE RECYCLING PROGRAM 4 Sections 5 8.24.5.010 Declaration of Purpose 6 8.24.5.020 Definitions 7 8.24.5.030 Covered and Non-Covered Projects 8 8.24.5.040 Security Deposit Required 9 8.24.5.050 Exemptions 10 8.24.5.060 Refund of Security Deposit 11 8.24.5.070 Application Fee 12 8.24.5.080 Cer i4in 14 8.24.5.090 Appeal 15 8.24.5.100 Severability Clause 16 17 8.24.5.010 Declaration of Purpose 18 The purpose of this chapter is to promote the recycling of construction and 19 demolition waste, as defined herein, to protect the public health, safety, and welfare and to meet the City's obligations under AB 939 and its Alternative 20 Diversion Debris Requirement approved by the California Department of Resources Recycling and Recovery ("CalRecycle"). 21 8.24.5.020 Definitions 22 For the purposes of this chapter, unless otherwise apparent from context, 23 certain words and phrases used in this chapter shall have the meanings 24 hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions 25 set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use 26 of the masculine shall also mean feminine and neuter. 27 A. "Applicant" means any individual, firm, limited liability company, association, 28 1 partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies, or is 2 required to apply, to the City for permit(s) to undertake a construction, 3 demolition, or renovation project within the City. 4 B. "City Project Construction & Demolition (C & D) Waste Policy" means the City's standards for recycling C & D Waste from landfills for City contracted 5 projects, set forth in a resolution of the Mayor and Common Council. 6 C. "Construction" means the act of assembly, erection, demolition, addition, alteration or remodel, and similar and related activities, of any facility, structure, improvement, or any portion thereof, or appurtenance thereto. 8 D. "Construction and Demolition (C & D) Waste" means used or discarded 9 materials removed from, or to be removed from, the location of a Project Construction. C & D Waste includes, but is not limited to, Recyclable and 10 Reusable Materials. 11 E. "Construction and Demolition (C & D) Waste Recycling and Disposal Report 12 Summary" means a form submitted by an applicant for any Covered Project after completion of a Project. The documentation shall include actual data of 13 tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from 14 recycling companies, contractors and/or landfill and disposal companies. 15 F. "Covered Project" means any Project that meets or exceeds the Covered 16 Project Threshold set forth by resolution of the Mayor and Common Council. 17 G. "Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, 18 whether interior or exterior. 19 H. "Director of Public Works" means the person designated by the City Manager • who is authorized and responsible for implementing this chapter. The term also 20 includes the designees of such person. 21 I. "Diversion Requirement" means the minimum percentage of Construction and 22 Demolition Waste for each Project to be diverted from landfills as set forth in a resolution of the Mayor and Common Council. 23 J. "Divert" or "Diversion" means a reduction of the amount of waste being 24 disposed in landfills by any of the following methods: 25 1. Use of new construction methods, as approved by the Director of 26 Public Works, that reduce the amount of C & D Waste generated. 27 2. On-site re-use of the materials/waste. 28 1 3. Delivery of the waste from the site to a Recycling Facility. 2 4. Other methods as approved by the Director of Public Works. 3 K. "Project" means any activity that requires an application for a building or 4 demolition permit from the City. 5 L. "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning 6 them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be 7 used in the marketplace. 8 M. "Recycling Facility" means a recycling, composting, materials recovery, or 9 re-use facility that has obtained all applicable federal, state, and local licensing, certification, and permitting and that is operating in full compliance with all 10 applicable regulations. The Director of Public Works shall maintain a list of approved facilities for reference by the Applicant. The Applicant may use an 11 unlisted facility of their choice if the Applicant, prior to beginning a Project, 12 provides documentation demonstrating that the unlisted facility qualifies as a Recycling Facility under this definition. 13 N. "Recyclable and Reusable Materials" means all C & D Waste that is within 14 any of the following categories: 15 1. Masonry building materials including but not limited to, asphalt, concrete, rock, stone, and brick. 16 17 2. Wood materials including any and all dimensional lumber, fencing, or construction wood that is not chemically treated, creosoted, CCA 18 pressure treated, contaminated, or painted. 19 3.. Vegetable materials including trees, tree parts, shrubs, stumps, logs, brush, or any other type of plants that are cleared from a site as part of 20 the Project . 21 4. Metals including all metal scrap such as, but not limited to, pipes, 22 siding, window frames, door frames, and fences. 23 5. Roofing materials including wood shingles as well as asphalt, stone, and slate based roofing material. 24 6. Salvageable materials includes all salvageable materials and 25 structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, and appliances. 26 27 7. Any other C & D Waste that is non-hazardous and available for Recycling or reuse. 28 1 0. "Renovation" means any change, addition, or modification in an existing structure. 2 3 P. "Reuse" means further or repeated use of C & D Waste 4 Q. "Salvage" means the controlled removal of C & D Waste from a Project site for the purpose of recycling, reuse, or storage for later recycling or reuse. 5 R. "Security Deposit" means the cash or cash equivalent deposit required as 6 security for all Covered Projects. The amount of the Security Deposit shall be set forth in a resolution of the Mayor and Common Council. 7 8 8.24.5.030 Covered and Non-Covered Projects 9 A. Covered Projects: Covered Projects are required to divert Recyclable and Reusable Materials from landfills. The minimum Diversion Requirement is 10 established by resolution of the Mayor and Common Council. 11 B. Non-covered Projects: Applicants for construction, demolition, addition, alteration, and remodel projects within the City that are not Covered Projects are 12 encouraged to divert the minimum Diversion Requirement. 13 C. City Projects: City Contracted Construction shall adhere to the "City Project 14 C&D Waste Policy" established by resolution of the Mayor and Common Council. 15 8.24.5.040 Security Deposit Required 16 Except as otherwise specified in this chapter, each Applicant for a building or 17 demolition permit for a Covered Project, shall remit a Security Deposit in the 18 amount established by resolution of the Mayor and Common Council. The Security Deposit shall be remitted prior to permit issuance. 19 8.24.5.050 Exemptions 20 A. Neither a C & D Waste Recycling and Disposal Report Summary nor a 21 Security Deposit shall be required for the following: 22 1. Work for which only a plumbing permit, electrical, mechanical permit or 23 a combination thereof is required; 24 2. Seismic tie-down projects; 25 3. Installation of a patio or awning; 26 4. Installation of pre-fabricated accessories such as signs or antennas; 27 5. Residential pools and spas; 28 1 6. Re-roof projects, block walls, and retaining walls; 2 7. City Owned Projects; 3 8. Other work that the Director of Public Works determines will not 4 produce significant quantities of construction or demolition waste. 5 B. An Applicant for Projects may submit an application for exemption on the grounds that the Project will not generate more than 35 gallons of C & D Waste. 6 The application shall be submitted to the Director of Public Works who shall determine if the Exemption is in compliance with this section. 7 8 8.24.5.060 Refund of Security Deposit 9 A. The Director of Public Works may authorize the refund of any Security Deposit that was erroneously paid or collected. 10 B. The Director of Public Works may authorize the refund of any Security 11 Deposit when the building permit application is withdrawn or cancelled before s� any work has begun. 12 The of authorize the refund of Security Deposit 13 C 1 he Director of Public Works may auu o ize the re ui d of a y Deposit when the Applicant has satisfactorily submitted the C & D Waste Recycling and 14 Disposal Report Summary, and at least the minimum Diversion Requirement is met. If the minimum Diversion Requirement is not realized, the amount of the 15 refund shall correspond to the percentage of C & D Waste recycled, reused, or diverted from the landfill. 16 17 D. If the Applicant fails to submit the documentation required by Section 8.24.5.080 within the required time period, the Security Deposit shall be 18 forfeited to the City. 19 8.24.5.070 Administrative Fee 20 As a part of any application for, and prior to the issuance of, any building or demolition permit, every Applicant for a Covered Project, unless otherwise 21 exempt, shall pay an Administrative Fee sufficient to compensate the City for all 22 expenses incurred in reviewing the project and reviewing performance. The amount of this fee shall be set forth in a resolution of the Mayor and Common 23 Council. 24 8.24.5.080 Reporting 25 Within sixty (60) days following the completion of a demolition project and/or a 26 Covered Project, the Applicant shall, as a condition precedent to release of the Security Deposit, submit a C & D Waste Recycling and Disposal Report 27 Summary to the Director of Public Works. 28 1 8.24.5.090 Appeal 2 A. Any person aggrieved by a decision of the Director of Public Works made 3 pursuant to this Chapter may appeal the decision to the Board of Building Commissioners. 4 B. The appeal shall be filed with the City Clerk within ten (10) days following the 5 date of the written decision of the Director of Public Works and shall include the payment of all applicable fees. The appeal shall be in writing and set forth (1) 6 the specific action appealed from, (2) the specific grounds for the appeal, and 7 (3) the relief or action sought from the Board of Building Commissioners. In the event any notice of appeal fails to set forth all information required in this 8 section, the City Clerk shall return the same to appellant with a statement that if it is deficient, the appellant shall be allowed ten (10) days after the City Clerk 9 mails the appeal application in which to re-file the appeal. 10 C. The decision of the Board of Building Commissioners shall be final and conclusive and shall not be subject to appeal to the Mayor and Common 11 Council. Pursuant to Code of Civil Procedure section 1094.6, any action to 12 review the decision of the Board of Building Commissioners shall be commenced not later than the ninetieth day after the date the Board's order is 13 adopted. 14 8.24.5.100 Severability Clause 15 If any section, subsection, subdivision, sentence, clause, phrase, or portion of 16 this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the 17 validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, 18 subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more section, subsection, subdivision, 19 sentence, clause, phrase, or portion thereof be declared invalid or 20 unconstitutional. • 21 22 /// 23 /// 24 /// 25 26 /// 27 /// 28 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 8.24.5 TO TITLE 8 OF THE MUNICIPAL CODE TO 2 ESTABLISH THE CONSTRUCTION AND DEMOLITION WASTE RECYCLING 3 PROGRAM 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by 5 the Mayor and Common Council of the City of San Bernardino at a 6 meeting thereof, held on the day of 7 2010, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk 19 The foregoing resolution is hereby approved this day of 20 2010. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to Form: 25 JAMES F. PENMAN, City Attorney 26 By: 27 28 ORDINANCE NO. 1 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE DEFINITION OF "ROLL-OFF BIN" CONTAINED IN SECTION 8.24.060(W), OF 3 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE. 4 WHEREAS, Chapter 8.24 of the San Bernardino Municipal Code sets forth 5 uniform requirements and regulations for the direct and indirect users of the refuse and 6 recycling collection services of the City; and 7 WHEREAS, the use and servicing of roll-off bins affects the health, safety, and 8 9 welfare of the community; and 10 WHEREAS, the current definition of "Roll-off Bins" set forth at San Bernardino 11 Municipal Code Section 8.24.060(W) allows for unregulated collection, servicing, 12 transportation, and storage of refuse, posing a threat to the health, safety, and welfare 13 of the community. 14 • WHEREAS, there is a need to amend certain sections of Chapter 8.24 of said 15 16 Code in order to better clarify the definition of "Roll-off bin" and prevent unregulated 17 collection, transportation, storage and servicing of refuse which poses a threat to the 18 health, safety, and welfare of the community. 19 /// 20 /// 21 /// 22 23 /// 24 25 /// 26 H/ 27 /// 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE 1 DEFINITION OF "ROLL-OFF BIN" CONTAINED IN SECTION 8.24.060(W), OF 2 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE. 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 4 5 SECTION 1. San Bernardino Municipal Code Section 8.24.060(W) is amended 6 to now read as follows: "W. Roll-off bin' means any size container, including but not 7 limited to an open top/compactor bin or drop body, to which are attached rollers or 8 skids that facilitate movement of the container onto or off of a roll-off truck, flat-bed 9 truck, front loading vehicle or similar vehicle, which vehicle is permanently or 10 temporarily fitted for carrying such container, and by which vehicle the container is 11 12 moved from site to site for use, servicing, or storage. Use, servicing, or storage may 13 include, but is not limited to, the collection or deposit of refuse, recyciabies, garbage, 14 e-waste, hazardous waste as well as other byproducts of residence, business, or 15 commercial structures." 16 /// 17 /// 18 /// 19 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 27 /// 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE 1 DEFINITION OF "ROLL-OFF BIN" CONTAINED IN SECTION 8.24.060(W), OF 2 CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 4 Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held on the day of , 2010, by the 6 following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this day of , 2010. 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to Form: 24 JAMES F. PENMAN, City Attorney 25 By: 26 27 28 ORDINANCE NO. 1 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.24 TO ADD SECTION 8.24.285 SELF-HAUL. 3 WHEREAS, the self-haul section 8.24.285 needs to be added in order to 4 define the term "self-haul" and enforce the Construction and Demolition Program 5 (C&D); and 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The following definition will be included in Section8.24.285: 8 9 "Construction Contractor" means any state licensed construction contractor performing construction at a job site. Construction Contractor includes the general 10 contractor and any subcontractors at the job site. A person or company employed, whether for a fee or otherwise, to haul recyclables and construction and demolition 11 debris generated by a Construction Contractor is not a Construction Contractor for 12 purposes of this chapter. 13 "Job Site" means a location at which recyciabies and construction and demolition debris are generated by a Construction Contractor. 14 Section: 8.24.285 Self-Hauling 15 16 (A) Subject to subsection (B), a Construction Contractor may self-haul recyclables or C & D Waste, as defined in San Bernardino Municipal Code section 17 8.24.5.020(D), generated by the Construction Contractor at the Job Site. When acting as a general contractor, the Construction Contractor may haul these same materials 18 for any Construction Contractor acting as a subcontractor at the same Job Site. 19 (B) The right of a Construction Contractor to self-haul or haul hereunder is 20 subject to the following conditions: 21 (1) All Construction Contractors generating any of the recyclables or C & D Waste, as defined in San Bernardino Municipal Code section 8.24.020(D), to be self- 22 hauled or hauled shall have a valid City business registration certificate; and, 23 (2) The Construction Contractor owns or leases the self-hauling or hauling 24 equipment, and the equipment is clearly marked with the identity of the Construction Contractor including, as a minimum threshold requirement, company name, address, 25 and phone number; and, 26 (3) The Construction Contractor provides proof of insurance for said vehicle; 27 and, 28 1 (4) The Construction Contractor's equipment shall be operated by an employee of the Construction Contractor at all times during any self-haul or haul to a disposal or 2 processing facility in a manner consistent with all appropriate laws and regulations; and, 3 (5) The Construction Contractor performing the self-haul or haul holds a current 4 Building and Demolition Permit which covers all recyclables or construction and 5 demolition debris for which the Construction Contractor will be performing self-hauling or hauling, and the Construction Contractor complies with the Construction and 6 Demolition provisions of the City. 7 (6) Regardless of the valuation of the project, the Construction Contractor provides a Security Deposit as defined in San Bernardino Municipal Code section 8.24.5.020(R). 9 (7) The Construction Contractor shall apply for a Construction and Demolition 10 Debris Hauling Franchise and shall remit the amount 12% franchise fee of gross receipts for the month. jII /// 3 /// 14 /// 15 16 /// 17 11/ 18 /// 19 20 /// 21 /// 22 23 /// 24 /// 25 /// 26 27 /// 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 1 CHAPTER 8.24 TO ADD SECTION 8.24.285 SELF-HAUL. 2 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the 3 Mayor and Common Council of the City of San Bernardino at a 4 5 meeting thereof, held on the day of , 2010, by the 6 following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ 9 DESJARDINS 10 BRINKER 11 12 SHORETT 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 Rachel G. Clark, City Clerk 19 The foregoing resolution is hereby approved this day of , 2010. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 Approved as to Form: 24 JAMES F. PENMAN, City Attorney 25 By: 26 27 28