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HomeMy WebLinkAbout27-Public ServicesCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Dept: Public Services Date: November 5, 2008 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino establishing the fees and rates to be charged for collection of residential and commercial refuse and repealing Resolution 2004-239. Meeting Date: November 17, 2008 Synopsis of Previous Council Action: Resolution 92-192 Residential /Commercial Rate Increase Resolution 98-228 Residential /Commercial Rate Increase Resolution 2004-239 Residential/Commercial Rate Increase August 20, 2008, the Ways and Means Committee recommended setting a date for public hearing for the rate adjustments. Recommended Motion: That the hearing be closed, and the Resolution be adopted. Contact person: Ken Fischer, Director Supporting data attached: Staff Report, Resolution and Attachment "1" FUNDING REQUIREMENTS: Council Notes: ,~~^ Signature Phone: 5140 Ward: All Amount: Source: Projected additional Revenue of $1,354,600) annually Finance: Zc~ 8- OPfuPf~AL Agenda Item No. 21 it-I't-o8 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino establishing the fees and rates to be charged for collection of residential and commercial refuse and repealing Resolution 2004-239. Background: Management Partners Study Recommendation 179 recommended that the Public Services Department, Integrated Waste Management Division prepare a detailed business plan rate study outlining financial requirements to bring the City's refuse operation to competitive levels, identifying enterprise costs and potential cost savings. In accordance with this recommendation, afive-year business plan was developed by R3 Consulting. On August 20, 2008, staff presented their findings to the Ways and Means Committee, and the Committee recommended setting a date for public hearing for the rate adjustments. Subsequently the Common Council set the public hearing for November 17`h at 4 p.m. in the City Council Chambers. Refuse rates were last increased in 2004. Since that time, the Public Services Department, Integrated Waste Management Division has experienced a steady increase in operational and capital expenses over the last four years. These additional costs include an 11 percent increase in fuel costs, a 33 percent increase in vehicle maintenance, and an 11 percent increase in the County's landfill tipping fee. This year it is projected that cost will increase by 15 percent for personnel, 3 percent for internal services, and 44 percent in debt service as compared to last fiscal year. The rate increase will also help pay fora $2,447,000 Capital Improvement Project to upgrade the slope, draining and irrigation at the Waterman Landfill to maintain regulatory compliance. Consequently, the proposed rate adjustments area 15 percent increase for all residential services, and an 18 percent increase for all commercial services. The rate increase is a direct response to the 39 percent or $5.8 million overall increase in costs to provide services over the past four years. These increased costs include: 1. Fuel: $379,000 2. Landfill Tipping Fee: $652,000 3. Debt Service: $668,000 4. Internal Service: $191,000 5. Personnel: $793,000 6. Garage Charges: $686,000 7. Waterman Landfill: $2,447,000 If approved the new rate for residential collection will increase from $19.86 to $22.84 per month. The rate fora 3 cubic yard bin will increase from $101.00 to $119.18. Even with the proposed increases the new rate would still remain competitive in San Bernardino County. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Staff Report- Continued In a recent study of surrounding cities, the City of San Bernardino Refuse rates ranked 6th and 7th in commercial and residential rates out of the 19 cities that were surveyed (Attachment "2"). All new rates are detailed on the attached spreadsheet (Attachment "1"). The proposed new rate structure includes the elimination of cost for additional blue carts for residential customers, and a 50% reduction in the cost of recycling bins provided for our commercial customers. This new incentive will realize both cost savings and revenue enhancements by promoting increased recycling collection. Six months after the adoption of the new rate structure, Public Services will officially launch the free residential bulky collection program. This program will allow all single family residences to schedule the collection of bulky items, such as couches, water heaters, refrigerators and similar items, for collection twice a year at no additional cost. If approved, the rate increase would take effect on January 1, 2009 and would be applied to all of the accounts serviced by the City of San Bernardino. Financial Impact: The total rate adjustment for both the residential and commercial varies between 15 percent increase for all residential services and an 18 percent increase for all commercial services. It is estimated that the new rate structure would result in $1,354,600 over the final six months of the fiscal year, and approximately $2,700,000 for the first year. Recommendation: That the hearing be closed, and the Resolution be adopted. Attachment "1" Proposed Refuse Rate Schedule Current Proposed Current Proposed Rate Rate Rate Rate 2008 2009 2008 2009 Residential Service Single family /duplex $ 19.86 $ 22.84 Late set-out fee $ 25.00 $ 28.75 Triplex / fourplex $ 39.72 $ 45.68 Special collections $ 31.50 $ 36.23 Extra black barrel $ 11.28 $ 12.97 Cart replacement fee $ 65.00 $ 74.75 EMra green barrel $ 9.87 $ 11.35 Administrative fee $ 25.00 $ 50.00 Mobile Home $ 13.25 $ 15.24 Temporary Bin Service $ 60.00 $ 69.00 Manual Collection $ 94.50 $ 108.68 Commercial: 2 yard bin / 1 per week $ 95.00 $ 112.10 3 yard bin / 1 per week $ 101.00 $ 119.18 2 yard bin / 2 per week $ 174.00 $ 205.32 3 yard bin / 2 per week $ 192.00 $ 225.56 2 yard bin / 3 per week $ 258.00 $ 304.44 3 yard bin / 3 per week $ 284.00 $ 335.12 2 yard bin / 4 per week $ 340.00 $ 401.20 3 yard bin / 4 per week $ 373.00 $ 440.14 2 yard bin / 5 per week $ 420.00 $ 495.60 3 yard bin / 5 per week $ 464.00 $ 547.52 2 yard bin / 6 per week $ 561.00 $ 661.98 3 yard bin / 6 per week $ 712.00 $ 840.16 4 yard bin / 1 per week $ 111.00 $ 130.98 6 yard bin / 1 per week $ 161.00 $ 189.98 4 yard bin / 2 per week $ 210.00 $ 247.80 6 yard bin / 2 per week $ 307.00 $ 362.26 4 yard bin / 3 per week $ 309.00 $ 364.62 6 yard bin / 3 per week $ 454.00 $ 535.72 4 yard bin / 4 per week $ 407.00 $ 480.26 6 yard bin / 4 per week $ 605.00 $ 713.90 4 yard bin / 5 per week $ 505.00 $ 595.90 6 yard bin / 5 per week $ 743.00 $ 876.74 4 yard bin / 6 per week $ 878.00 $ 1,036.04 6 yard bin / 6 per week $ 883.00 $ 1 ,041.94 Front loader recvclinq collection Additional Services -commercial 1 per week $ 83.00 $ 41.50 Bin roll-out service $ 57.00 $ 67.26 2 per week $ 166.00 $ 83.00 Compactor cleaning $ 113.00 $ 133.34 3 per week $ 249.00 $ 124.50 Compactor repair / hr $ 56.70 $ 66.91 4 per week $ 333.00 $ 166.50 Contamination recycling $ 50.00 $ 59.00 5 per week $ 416.00 $ 208.00 Refuse bin enclosure cleaning $ 31.50 $ 37.17 City issued lock $ 15.00 $ 17.70 Free residential bulky item prog ram starting on 6/1/09 Standing Roll-back charge $ 115.00 $ 135.70 which includes: couches, water heaters, refrigerators Temporary Bin Service $ 60.00 $ 69.00 and similar items, for collection twice a year at no Extra Pick-ups weekly: additional cost. 2 yard bin $ 21.00 $ 25.28 3 yard bin $ 23.00 $ 27.50 4 yard bin $ 26.00 $ 30.11 6 yard bin $ 30.00 $ 35.68 Front loader compactor bins (2 cubic yards 1 per week $ 111. 00 $ 130. 98 2 per week $ 208. 00 $ 245. 44 3 per week $ 306. 00 $ 361. 08 4 per week $ 404. 00 $ 476. 72 5 per week $ 501. 00 $ 591. 18 6 per week $ 878. 00 $ 786. 35 Front loader compactor bins (3-4 cubicyards 1 per week $ 131. 00 $ 154. 58 2 per week $ 244 .00 $ 287. 92 3 per week $ 359 .00 $ 423. 62 4 per week $ 469 .00 $ 553. 42 5 per week $ 587 .00 $ 692. 66 6 per week $ 784 .00 $ 925 .12 Open top /compactor roll-off refuse service Open top /compactor roll-off recvclinq service 10 yard roll-off / 2 ton limit $ 284.00 $ 335.12 10 yard roll-off / 2 ton limit $ 284.00 $ 142.00 20 yard roll-off / 5 ton limit $ 284.00 $ 335.12 20 yard roll-off / 5 ton limit $ 284.00 $ 142.00 30 yard roll-off / 7 ton limit $ 284.00 $ 335.12 30 yard roll-off / 7 ton limit $ 284.00 $ 142.00 40 yard roll-off / 8 ton limit $ 284.00 $ 335.12 40 yard roll-off / 8 ton limit $ 284.00 $ 142.00 Per ton charge $ 37.84 $ 44.65 Per ton charge $ 37.84 $ 18.92 2-yard front load green waste bin 3-yard front load green waste bi n 1 per week $ 91.00 $ 107.38 1 per week $ 97.00 $ 114.46 2 per week $ 168.00 $ 198.24 2 per week $ 183.00 $ 215.94 3 per week $ 247.00 $ 291.46 3 per week $ 268.00 $ 316.24 4 per week $ 326.00 $ 384.68 4 per week $ 353.00 $ 416.54 5 per week $ 404.00 $ 476.72 5 per week $ 437.00 $ 515.66 4- yard front load green waste bin 6- yard front load green waste bi n 1 per week $ 106.00 $ 125.08 1 per week $ 122.00 $ 143.96 2 per week $ 197.00 $ 232.46 2 per week $ 227.00 $ 267.86 3 per week $ 289.00 $ 341.02 3 per week $ 334.00 $ 394.12 4 per week $ 382.00 $ 450.76 4 per week $ 428.00 $ 505.04 5 per week $ 473.00 $ 558.14 5 per week $ 544.00 $ 641.92 Attachment "2" x E d~ O 0° 3 ~ 0 ~yU Z N N Gr ° 7 ~~ C d p ', a O ~ zd <~_ ~~ hy.0. 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't~ ~ 1 ~;-~~ ~~ ~ ~.... ~~ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE FEES AND RATES TO BE CHARGED FOR THE COLLECTION OF REFUSE, GREEN WASTES AND RECYCLABLES, AND REPEALING RESOLUTION 2004-239. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:. SECTION 1. The fees and charges set forth herein shall apply to the collection of residential and commercial refuse and other materials by the City of San Bernardino 8 9 10 11 15 16 17 Public Services, Integrated Waste Management Division. SECTION 2. Collection of Refuse, Green Wastes and Recyclables - Automated Residential Collection Services -General Provision. The standard service level unit for automated collection shall be defined as the provision to each lawfully established service address, three City owned 96-gallon automated carts, color coded black for refuse, blue for commingled recyclables and green for green wastes. Services are rendered once per week, on said collection day as determined by the Director of Public Services. Said service is and shall be subject to all requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino Municipal Code, as well as other applicable County, State or Federal laws or regulations. SECTION 3. Collection of Refuse, Green Wastes and Recyclables - 211 27 28 Automated Residential Collection Services -Single Family Units, Multiple Family Units and Mobile Home Parks Receiving Automated Green Wastes Services. For the collection of refuse, green wastes and recyclables, the owner or other fiscally responsible agent of said property located within the corporate j boundaries of the City of San Bernardino shall pay on a monthly basis according to the following schedule: 11--17-D8 ~~7 1 2 3 4 5 Single Family Residential Unit, including an individual Mobile Home receiving three (3) carts .(one service unit) $22.84 Duplex Residential Unit (one service unit) $22.84 Triplex Residential Unit (two service units) $45.68 Four-plex Residential Unit (two service units) $45.68 Five-plex Residential Uhit and above bin service The determination as to whether an individual location may be adequately 9 10 11 12 13 14 1 ' serviced by automated collection shall be made at the discretion of the Director of Public Services or his designee. The rates set forth in SECTION 3 shall not be applicable to mobile home parks which do not, receive automated green wastes services; however, all other requirements set forth in SECTION 5 shall be applicable to mobile home parks. SECTION 4. Collection of Refuse, Green Wastes .and Recyclables - Automated Residential Collection Services -Additional Carts. Each automated 16 17 collection customer may be permitted to receive an additional 96-gallon automated tAi I cart color coded black for refuse, blue for commingled recyclables and green for green 19I I wastes for the following rate: Additional black cart $12.97 per month 211 I Additional blue cart no cost Additional green cart $11.35 per month Said additional cart charge shall be added to the regular monthly charges set forth in SECTION 3 of this resolution. 26 It shall be the responsibility of the automated collection customer to maintain 27 their carts in a clean and sanitary manner and to secure their carts when not placed 28 out far collection.- In the event that an automated collection customer requests that a z 1 2 3 4 5' 6 7 8 9 cart be replaced due to willful negligence, or destruction of the cart due to an act by the customer' or if a cart is reported stolen, the customer may be charged a $74.75 replacement fee for each cart and/or requested to submit a police report for their missing container subject to the determination of the Director of Public Services or their designee. SECTION 5. Collection of Refuse, Green Wastes and Recyclables - Automated Residential Collection Services -Mobile Home Parks Not Receiving Automated Green Wastes Services. The standard service level unit for automated collection rendered in mobile home parks which do not receive green wastes service 11 12 13 14 15 16 17 shall be defined as the provision to each individual coach or residential unit, two City owned 96-gallon automated carts, color coded black for refuse and blue for commingled recyclables. Services are rendered once per week, on said collection day as determined by the Director of Public Services. Said service is and shall be subject to all requirements set forth in Chapters 8.24 and 8.25 of .the San Bernardiho Municipal Code. The rate per individual coach. or residential unit shall be $15.24 per month: The total amount due for collection services rendered within each mobile home 211 24 25 park shall be the total number of occupied spaces for which the mobile home park's owner or authorized agent is collecting rent. It shall be the mobile home park owner or authorized agent's responsibility for coordinating service establishment between the mobile home park tenant and the City. It shall be the mobile home park owner or authorized agent's responsibility to report to the Department of Public Services on the fifth business day of each month, the total number of occupied spaces within the park for the previous calendar month. Payment for the total amount for collection services rendered within a mobile home park shall be the responsibility of the mobile home park 3 1 • 2 3 4 5 6 7 11~ 12 13 14 15 1 201 211 owner or authorized agent upon submission of an invoice. Nothing in this section shall preclude the owner or authorized agent of a mobile home park from individually billing or otherwise collecting reimbursement from the tenants located in the mobile home park for the collection services provided. SECTION 6. Collection of Refuse, Green Wastes and Recyclables - Manual Collection Services for Small Businesses. This service level unit shall be offered to any small business which, in the determination of the Director of Public Services or his designee is unable to receive either automated collection service or front load collection services because of either a lack of volume or inaccessibility to the business by either the front-load collection truck or the automated collection truck, or if manual collection services is required temporarily. This rate shall be $108.68 per month for once per week service. Additional services per week shall be charged by multiplying the rate of $108.68 per month by the total number of days per week of service required. Services are rendered on said collection day as determined by the Director of Public Services. Said service is and shall be subject to all requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino Municipal Code, as well as other applicable County, State or Federal laws or regulations. SECTION 7. Collection of Refuse, Green Wastes and Recyclables - Commercial, Multiple Family Residential, Professional and Industrial Accounts - Service Establishment and Deposits. The owner or authorized agent shall contact the City of San Bernardino Public Services Department Refuse Division in order to establish commercial refuse, green wastes or recyclables collection service at a lawfully established business or service address within the City. The owner or 4 1 2 3 4 6 7 8 9 authorized agent shall execute an Application/Receipt for Solid Waste Services with the City, which provides all necessary billing and service information. A deposit in the amount of $150.00 or the first month's estimated cost of service, whichever is greater, for each new account shall be made at the time that the Application/Receipt for Solid Waste Services is completed. Said deposit must be received prior to commencement of services. This deposit shall be retained by the City and applied to any closing bill Upon termination of services. Any amount of deposit in excess shall be refunded. In the event that collection service has been discontinued for non-payment, the 11~ 14~ 151 171 City may require payment of said non-paid bill and a security deposit equal to three times that average monthly service for all billed services before service will be restored. All payments on the, day service stopped must be in the form of cash, cashier's check, money order or credit card only. All payments after the account is shut off must be in the form of cash, cashier's check, money order or credit card only. Non-receipt of bills is not a reasonable excuse for non-payment. SECTION 8. Collection of Refuse, Green Wastes and Recyclables - Commercial, Multiple Family. Residential, Professional and Industrial Accounts Using Front Load Bins -General Provisions. 21 i'~3 A. .The City of San. Bernardino shall provide front load bin service to all lawfully established service addresses in which the owner or authorized agent has either entered into a Service Contract with the City to provide said service, or who has historically received City service. The City may provide front load bin service ranging in size from 2-cubic yard to 6-cubic yard, and frequency of service from one day per week to six day per week in order to meet the refuse, recyclables and green waste service. 4 1 2 3 4 5 6 7 B. 9 10 11 C. 12 13 14. 15 16 17 18 19 20 21 3s D needs of the customer. Said service is and shall be subject to all requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino Municipal Code, as well as other applicable County, State or Federal laws or regulations. Any customer who is receiving six-day per week collection service and is not serviced six.times during any calendar week due to a Federal, State or Locally declared holiday in which the City Refuse Division does not operate, shall not be entitled to a refund or credit to their account for the missed day of service. It is the responsibility of the owner or authorized agent to provide an adequate and appropriate location for the safe and proper storage of refuse, recyclables or green wastes bins while on the owner or authorized agent's property, and to clean, repair and maintain all refuse bin enclosures or compactors in order to reduce, prevent and eliminate all potential health, safety or code. violations and in accordance with established City standards. The Director of Public Services or his designee shall have the authority to impose an administrative fee of $50 per service day to an individual service address in the event that collection at the service address poses a health risk, safety hazard or danger to employees or the public and is not corrected within ten (10) business days of written notice to the owner or authorized agent of the property. The Director of Public Services or his designee shall have the authority to suspend refuse service for the failure to pay any delinquent payment balances due the City by the customer within thirty (30) calendar days, of 6 1 2 3 4 5 6 7 11~~ written notice to the owner or authorized agent of the property. Said written notice shall be sent by mail to the most current billing address on file with the City of San Bernardino, Public Services Department. A copy of said written notice shall be sent to the City of San Bernardino Fire Department, City of San Bernardino Code Compliance Department and the County of San Bernardino Environmental Health Department. SECTION 9. Collection of Refuse, Green Wastes and Recyclables - Commercial,. Multiple Family Residential, Professional and Industrial Accounts Using Front Load Bins; Rates and Frequencies. For the collection of refuse, green wastes and recyclables, the owner or other fiscally responsible agent of said property located within the corporate boundaries of the City of San Bernardino shall pay on a monthly basis for the size of bin and frequency of service according to the following schedules. Refuse Collection Service. The following schedule shall be applicable for 171 1 refuse collection services: 2-Yard and under Front Load Refuse Bin One time per week $112.10 Two Times per week $205.32 211 Three times per week $304.44 Four times per week $401.20 Five times per week $495.60 Six times per week $661.98 3-Yard Front Load Refuse Bin 27 28 One time per week $119.18 Two Times per week $225.56 1 2 3 4 5 7 8 9 111 14 15 16 17 20I 21 26 Three times per week $335.12 Four times per week $440.14 Five times per week $547.52 Six times per week $840.16 4-Yard Front Load Refuse Bin One time per week $130.98 Two Times per week $247.80 Three times per week $364.62 Four times per week $480.26 Five times per week $595.90 Six times per week $1,036.04 6-Yard Front Load Refuse Bin One time per week $189.98 Two Times per week $362.26 Three times per week $535.72 Four times per week $713.90 ' Five times per week $876:74 Six times per week $1,041.94 Recyclable Collection Service. Commingled recyclable collection services are provided in conjunction with and in addition to the charges for the collection of refuse. The following schedule shall be applicable for .commingled recyclable collection service: Any size Front Load Recvclina Bin One time per week. $41.50 Two Times per week $83.00 s 1 2 3 4 5 6 7 8 10 11 15 16 17 20 21 24 25 Three. times per week $124.50 Four times per week . $166.50 Five times per week $208.00 Green/Oraanic Collection Service. Green wastes collection services, including the collection of compostable wastes, are provided in conjunction with and in addition to the charges for the collection of refuse. The following schedule shall be applicable for green/organic collection service: 2-Yard and under Front Load Green Wastes Bin One time per week $107.38 Two Times per week $198.24 Three times per week $291.46 Four times per week $384.68 .Five times per week $476.72 3-Yard Front Load Green Wastes Bin One time per week $114.46 Two Times per week $215.94 Three times per week $316.24 Four times per week $416.54 Five times per week $515.66 4-Yard Front Load Green Wastes Bin One time per week $125.08 Two Times per week $232.46 Three times per week $341.02 Four times per week $450.76 Five times per week $558.14 9 1 2 3 4 5 6-Yard Front Load Green Wastes Bin One time per week Two Times per week Three times per week Four times per week 7 8 9 Five times per week $143.96 $267.86 $394.12 $505.04 $641.92 SECTION 10. Collection of Refuse, Green Wastes and Recyclables - 10 Commercial, Multiple Family Residential, Professional and Industrial Accounts 11 Using Front Load Bins -Additional Pick-up. A customer receiving refuse collection 12 services rendered by front load bins may request and receive an extra pick-up service at their location. The customer shall contact the City of San Bernardino, Public Service Department, Integrated Waste Customer Service Center no later than 11:00 a.m. for same day service. Requests for extra pick-up received after 11:00 a.m. may. 16 17 be held for service the next regularly scheduled service day. The Director of Public 18 Services or his designee shall have the authority to temporarily modify or suspend 19 provision of extra pick-ups, based on availability of equipment and resources as 20 necessary. 2111 The rate for an additional pick-up service for refuse, green wastes or organic collection shall be as follows: 2-Yard and Under Refuse Collection $25.28 3-yard Refuse Collection $27.50 4-yard Refuse Collection: $30.11 6-yard Refuse Collection $35.68. to 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 SECTION 11. Collection of Refuse, Green Wastes and Recyclables - Commercial, Multiple Family Residential, Professional and Industrial Accounts Using Front Load Bins -Split Bins,. Residential Clean-up Special, Temporary Bin Services and Bin Roll-out Service. The City of San Bernardino shall offer the following specialized services using Front Load Bins for split bins, residential clean-up specials or temporary bin service to all service addresses located within the City: Temporary Bin Service. A temporary bin service shall be defined as a three- or four-yard front load refuse bin which is provided to a residential customer for a maximum of seven (7) calendar days from date of bin delivery for use by a resident for clean-up purposes.. The bin shall.be placed in the public street at the curb in front of the address for use by the customer. The temporary bin service rate includes one collection of the material in the container. Additional services may be provided upon pre-payment during the seven day period at the same rate per bin size as set forth in Section 10, subject to available personnel and equipment.. The rate for a residential clean-up special shall be $69.00. Bin Roll-out Service. Bin Roll-out service is provided in those instances in 21I I which either the bin placement at the service address is not accessible to a froht-load refuse truck and requires the assistance of a second service vehicle, or is located in such. a manner as to require the bin to be manually rolled out and placed back into a 24II permanent position. The determination of the need for bin roll-out service shall be made by the Director of Public Services or his designee. The customer shall be notified in advance by an Integrated Waste Management representative of the need for bin roll-out service at the address, and the charges associated with the bin roll-out 28I I service. The customer shall approve this service prior to its provision. 1 2 3 4 5 6 7 8 Said service shall be provided to the customer at the rate of $67.26 per roll-out and replacement, and shall be in addition to all other refuse collection charges. SECTION 12. Collection of Refuse, Green Wastes and Recyclables - Commercial, Multiple Family Residential, Professional and Industrial Accounts Using Front Load Bins; 2-cubic-yard to 4-cubic-yard compactor service. The responsibility for the cleaning, servicing and repair of the compactor shall be the responsibility of the owner or authorized agent of the service address where the compactor is located. The rate for existing 2-cubic-yard to 4-cubic-yard compactors shall be as follows: 111 2-Cubic-Yard Front Load Serviced Compactor Refuse Bin One time per week $130.98 Two Times per week $245.44 15 i6 17 Three times per week. $361.08 Four times per week $476.72 Five times per week $591.18 Six times per week $786.35 20 21 3-and 4-Cubic-Yard Front Load Serviced Compactor Refuse Bin One time per week $154.58 Two Times per week $28792 Three times per week $423.62 Four times per week $553.42 Five times per week $692.66 Six times per week $925.12 12 SECTION 13. Collection of Refuse, Green Wastes and Recyclables - 10- 1 2 3 4 5 6 9 10 11 14 15 1 cubic-yard to 40-cubic yard Roll-off or Compactor Services - General Provisions: A. The City of San Bernardino may provide 10-cubic-yard to 40-cubic-yard roll-off or compactor services to any lawfully established service address or location in which the owner or authorized agent has entered into an Application/Receipt for Solid Waste Services with the City to provide said service. The City may provide frequency of service from one day per week to six days per week in order to meet the refuse, recyclables and green waste service needs of the customer. Said service is and shall be subject to all requirements set forth in Chapters 8.24 and 8.25 of the San Bernardino Municipal Code, as well as other applicable County, State or Federal laws or regulations. B. Any customer who is receiving six-day per week collection service and is not serviced six times during any calendar week due to a Federal, State or Locally declared holiday in which the City Refuse Division does not 19~ 21~ 24~ 251 operate, shall not be entitled to a refund or credit to their account for the missed day of service. C. It is the responsibility of the owner or authorized agent to provide an adequate and appropriate location for the safe and proper storage of refuse, recyclables or green wastes bins while on the owner or authorized agent's property, and to clean, repair and maintain all compactors on a regular and timely basis in order to reduce, prevent and eliminate all potential health, safety or .code violations. The Director of Public Services or his designee shall have the authority to impose an 13 1 2 3 4 5 6 81 91 administrative fee of $50 per service day to an individual service address in the event that collection at the service address poses a potential health risk, safety hazard or danger to employees or the public and is not corrected within ten (10) business days of written notice to the owner or authorized agent of the property. Said written notice shall be sent by mail to the most current billing address on file with the City of Sari Bernardino, Public Services Department. D. The Director of Public Services or his designee shall have the authority to suspend refuse service for the failure to pay any delinquent payment 11 balances due the City by the customer within thirty (30) days of written 12 notice to the owner or authorized agent of the property. Said written 13 notice shall be sent by mail to the most current billing address on file with 14 the City of San Bernardino, Public Services Department. A copy of said 15 written notice shall be sent to the City of San Bernardino Fire 16 17 Department, City of San Bernardino Code Compliance Department and 18 the County of San Berhardino Environmental Health Department. 19 SECTION 14. Collection of Refuse, Green Wastes and Recyclables - 10- cubic-yard to 40-cubic yard Roll-off or Compactor Services - Service 21I I Establishment and Deposits. The owner or authorized agent shall contact the City of San Bernardino Public Services Department Integrated Waste Management Division in order to establish commercial refuse, green wastes or recyclables Roll-off or compactor collection service at a lawfully established service address or location within the City. The owner or authorized agent shall execute an Application/Receipt 27~ for Solid Waste Services with the City, which provides all necessary billing and service information. ra it 2 3 4 5 6 71 81 11 A deposit equal to the cost of service for each new roll-off or compactor account shall be made at the time that the Application/Receipt for Solid Waste Services is completed. Said deposit must be received prior to commencement of services. This deposit shall be retained by the City and applied to any closing bill upon termination of services. SECTION 15. Collection of Refuse, Green Wastes and Recyclables - 10- cubic-yard to 40-cubic yard Roll-off or Compactor Services - Rates and Frequencies. For the collection of refuse, green wastes and recyclables, all as defined in SBMC Chapter 8.24, the owner or other fiscally responsible agent of said property located within the corporate boundaries of the City of San Bernardino shall pay for the size of bin and frequency of service according to the following schedules: Open-top Roll-off Refuse Bin Service. The following schedule shall be applicable for open-top roll-off refuse collection services on a per pull basis: $335.12 per pull/service plus $44.65 per ton with the following tonnage limits 16 17 18 19' 20 21 22 23 24 per size of roll-off box. 10-cubic yard roll-off with 2 ton limit. 20-cubic yard roll-off with 5 ton limit. 30-cubic yard roll-off with 7 ton limit. 40-cubic yard roll-off with 8 ton limit. Compactor Refuse Bin Service. The following schedule shall be applicable for 10-cubic yard to 40-cubic yard compactor services on a per pull basis: $335.12 per pull/service plus $44.65 per ton with the following tonnage limits per size of compactor. 10-cubic yard roll-off with 2 ton limit. 20-cubic yard roll-off with 5 ton limit. ~s 11 21 3 4 5 6 7 8 9 10 it 30-cubic yard roll-off with 7 ton limit. 40-cubic yard roll-off with 8 ton limit. Open-top Roll-off Green/Uncontaminated Wood Wastes Bin Service. The following schedule shall be applicable for open-top roll-off green wastes / uncontaminated wood wastes collection services on a per pull basis: $335.12 per pull/service plus actual cost per ton of Green Waste / Uncontaminated Wood waste as charged by the green waste processing facility to the City with the following tonnage limits per size of roll-off box. 30-cubic yard roll-off with 7 ton limit. 40-cubic yard roll-off with 8 ton limit. Compactor Compostables Bin Service. The following schedule. shall be 15 16 17 applicable for 10-cubic yard to 40-cubic yard compactor services in which the material primarily consists of food wastes or other compostables and which the owner or authorized agent at the location is actively participating in the City's Recycling program as determined by the Director of Public Services or his designee. The rate set forth below is on a per-pull basis: $335.12 per pull/service plus actual cost per ton of Green Waste / 20 21 Uncontaminated Wood waste as charged by the green waste processing facility with the following tonnage limits per size of roll-off box. 10-cubic yard roll-off with 2 ton limit. 24 20-cubic yard roll-off with 5 ton limit. 30-cubic yard roll-off with 7 ton limit. 40-cubic yard roll-off with 8 ton limit. Open-top Roll-off Recvclina Bin Service. The following schedule shall be 281 applicable for open-top roll-off recycling collection services on a per pull basis: 16 1 30-cubic yard roll-off with 7 ton limit: $335.12 2 40-cubic yard roll-off with 8 ton limit: $335.12 3 The determination of whether a material is recyclable and therefore is eligible. 4 for this rate schedule shall be at the discretion of the Director of Public Services or his 5 designee.. In addition, the owner or authorized agent at the location must be actively 6 participating in the City's Recycling program in order to receive this rate. 7 Compactor Recyclina Bin Service. ,The following schedule shall be 8 9 applicable for 10-cubic yard to 40-cubic yard compactor recycling collection services 10 on a per pull basis. The determination of whether a material is recyclable and 11 therefore is eligible for this rate schedule shalt be at the discretion of the Director of 12 Public Services or his designee. 13 10-cubic yard compactor with 2 ton limit: $142.00 14 20-cubic yard compactor with 5 ton limit: $142.00 15 30-cubic yard compactor with 7 ton limit: $142.00 16 17 40-cubic yard roll-off with 8 ton limit: $142.00 18 Overweight Charges. The customer shall be responsible for payment of any 19 weight over the weight limits set forth within Section 15, and shall be billed 20 accordingly. The overweight charge shall be calculated by multiplying the number of 21 tons over the ton limit by the current County of San Bernardino Waste Systems Division tipping fee. as set forth in accordance to the terms and conditions of the Waste 24II Delivery Agreement between the City and the County of San Bernardino, plus a $12 25I I per ton overweight penalty fee. This additional charge shall be billed to the customer, and shall be due and payable immediately. In the event that the Director of Public Services or designee determines that a bin is so overweight that the safe movement of said bin would not be feasible, it shall, 17 1 2 3 4 5 6 be the responsibility of the customer to reduce the weight of the bin to an acceptable level at the customer's own cost. In the event that the customer does not reduce the weight of the bin to a safe level within 5-days of receipt of a red-tag. The customer will be provided with the City's cleah-up service. Standing or Roll-back Charge. A standing or roll-back charge shall be defined as an amount charged to a customer under the following circumstances: 1) When a red tag was issued for either aroll-off or compactor which, as a 8 9 11 12 13 14 result of customers action or inaction, prevented the City from providing service to the bin when the collection truck arrived at the location and which situation was not corrected by the customer in less than fifteen (15) minutes with the truck present in order for the City to render service; 2) When a customer cancels a previously scheduled service in which the truck is already enroute to the location or has arrived at the location; or 3) A request by the customer to stand-by at the customer's location for a 17I period in excess of fifteen (15) minutes. The standing or roll-back charge of $135.70. shall be charged to the customer's account. Compactor Cleaning. The City shall provide at the customer's request, a 21) I cleaning service for compactors that are serviced by the City. Said compactor shall be brought to the City Yard, steam cleaned and returned to the customers location. The compactor steam cleaning charge shall be $133.34. 23 24 Miscellaneous Compactor Repairs. Upon request of the customer, the City 2r may make any necessary repairs to the non-operating portion of the body of any 26 compactor unit in order to repair sheet metal or hardware damage, patch and repair 27 holes, or install or repair any safety devices necessary to ensure safe transport of the 28 compactor. The City shall prepare an estimate for labor and materials and submit the 18 1 2 3 4 5 8 9 10 11 12 13 estimate to the customer prior to commencing repairs. The customer shall authorize said repairs in writing, prior to commencement. The rate for said repairs shall be $66.91 per- hour, plus materials and supplies. A minimum of one hour shall be charged to the customer for any repairs. Contamination of Recycling Green Waste Uncontaminated Wood Wastes and Organics. In the eveht that a customer allows, causes or fails to prevent contamination of any roll-off or compactor assigned to and used for recycling, green waste, uncontaminated wood wastes or organics, the customer shall be responsible for payment of the entire load as if it was all refuse and disposed of at an appropriate sanitary landfill at the rates set forth for the service of refuse roll-offs and .compactors. In addition, a $59.00 recycling contamination penalty fee shall be levied in addition to the regular refuse charges for each occurrence of contamination. SECTION 16. Miscellaneous Services and Charges. The following rates and schedules shall apply to the services described. 16 17 Automated Residential Collection Service Late Set-out Charge. The City of San Bernardino hereby establishes that collection of refuse, recyclables and green wastes shall be accomplished between the hours of 6:00 a.m. and 7:00 p.m. on the 20II collection day as determined by the Director of Public Services or his designee. All 21I I residential carts shall be placed at the designated collection location on the collection date no later than 6:00 a.m. An automated residential collection service late set-out shall be defined as any owner or authorized agent at a lawfully established service 24 „~ address who fails to place the automated carts in the designated manner and place in order to permit the City to service the automated carts by 6:00 a.m. For the .purposes of further clarification, a report of "missed service" shall not be considered valid and ~~ ~ shall be considered to be a late set-out, unless additional service locations. and the 19 1 2 3 4 5 6 7 8 9 10' 11 same color-coded cart have been missed within the same physical street block, as determined by field investigation. The charge for a late set-out shall be $28.75 per ~ occurrence: "Clean-up" Service. The City shall offer to all owners and authorized agents. a "Clean-up" service at any location within the City. Said service shall be defined as a manual collection service designed to handle any miscellaneous refuse services not accommodated through other collectioh methods. Said service shall be offered in fifteen (15) minute blocks, billable to the customer. The City shall provide an estimate to the customer of the amount of time required and the cost, prior to provision of the service. The customer shall pay, in advance of the service, the estimated cost. In the event that said estimate is less than the actual cost of providing the service, the customer shall be billed the difference. In the event that said estimate is higher than the actual cost of providing the service, the customer shall be provided a refund of the 15II difference. 17 18 19 20 21 22 23 The rate for a refuse collection special service shall be $36.23 per fifteen minutes. Provision of City Issued Locks for Refuse Bins and Enclosures. At the .request of owner or authorized agents, the City shall provide a standard lock with two keys to the customer for use in securing the refuse, recyelables or green wastes bins or bin enclosures. A charge of $17.70 shall be billed the .customer for each lock provided by the City. Special Assistance Program. The City shall provide a special assistance 28 program to elderly or disabled residents who are unable to move their automated carts to the curb for servicing and who do not have any able-bodied individual living with the resident. Subscription to this program requires a letter from a doctor or other medical zo 1 2 3 4 5 6 7 8 9 professional, stating that the individual is unable to move their automated carts to the curb and that there is no caregiver or other able-bodied individual available to perform this activity at this address or location. Said subscription must be renewed on an annual basis in order to remain on the special assistance program. There is no charge for this program. Refuse Bin Enclosure and Bus Stop Cleaning Service. The City may provide, upon request, broom and steam cleaning of any refuse bin enclosure or bus stop located within the City on either an on-call or scheduled service. The rate for this service shall be $37.17 per cleaning. 11 12 13 171 Charge for Late Payment. All charges for collection services are due and payable no later than thirty (30) calendar days after issuance of a claim, bill or invoice by the City of San Bernardino Public Services Department. Payments not received by the due date shall be assessed a late charge of twelve percent (12%) per year, divided into a monthly late charge of one percent (1%) on the outstanding balance. Accounts which are delinquent more than ninety days may be turned over to a collection agency for collection. Contamination of Residential Recycling and Green Waste. SBMC Section 8.24.070 (D) Contamination of Green Waste and Commingled Recycling sets forth that 21 containers set aside for recyclables or green waste shall be used only for recyclables or green waste and ho other materials, For the purposes of enforcement of this section, the first notification of contamination shall be by a red tag attached to the customer's contaminated container 26 27 not serviced by the route driver: The second notification shall be by a red tag attached to the customer's contaminated container not serviced. by the route driver. The third notification shall consist of a letter from the Public Services Department regarding the 21 first and second violations and the possibility of removal of the container for a period of 1 2 up to six months. 3 Subsequent contamination may result in the removal of the blue or green 4 container for an additional period of up to six months. When practicable, a photograph 5 of the alleged contamination shall be taken by a supervisor or field inspector in order 6 to document the contamination for any subsequent violations. A letter of notification 7 shall follow removal of the container. 8 9 Upon the customer's request, the container may be returned after the up to six- 10 month period, with submission of a signed recycling container agreement. 11 Subsequent contamination may result in permanent removal of the blue or green 12 container. 13 SECTION 17. Designation of Party Responsible For Payment of 14 Regular Refuse and Recyclable Collection Services at Apartment Building and 15 Regional Shopping Malls. The Mayor and Common Council do hereby declare-that 16 17 the responsible party for the purposes of payment for regularly scheduled refuse and lg recycling collection services at designated apartment buildings and regional shopping 19 malls shall be the owner or their designated agent of each apartment buildings and 20 regional shopping mall. The City is not responsible for billing individual tenants within 21 a designated apartment building or regional shopping mall. It shall be further declared 22 that the owner of each apartment building or regional shopping mall shall be billed 23 ~ directly for all. refuse and recycling collection services ordered by the regional 25 shopping mall's property manager or their designee necessary to provide for refuse 26 and recyclable collection services to their tenants. Nothing in this section shall 27 preclude, limit or otherwise restrict the rights, options or authority of the owner or their designated agent from billing, allocating or otherwise collecting said costs for regularly zz 2I 3 4 5 6 7 scheduled refuse and recycling collection services from an individual tenant. This section shall not be applicable to refuse or recyclable collection services directly arranged for between a tenant of a regional shopping mall and the City; such services ~ shall be billed at the rates set forth herein. SECTION 18. Emergency Waiver of Collection Fees. The Director of Public Services may provide collectiion and disposal service without charge in emergency situations and when, in the opinion of the Director, such action is necessary to correct 9 immediately health and safety hazards. 10 SECTION 19. Mayor and Common Council Authorized To Exempt Non- it Profit Events. The Mayor and Common Council may exempt from the fees and charges of this resolution certain not-for-profit events in the public interest. Such exemptions may include any conditions recommended by the .Director of Public 14 Services regarding the provision of collection services. 15 SECTION 20. Cost Index of Refuse Rates. All rates set forth within this 17II resolution shall be subject to an annual automatic cost indexing, beginning. in January 2009 and ending in January 2013. The cost index shall consist of the percentage 19~ ~ increase in the Consumer Price Index -All Urban Consumers. for the Los Angeles- 20II Riverside-Orange County California as published by the U.S. Department of Labor, 21I I Bureau of Labor Statistics Data, from September of the previous year to September of the current year. It shall be calculated as follows: 23 11 =CPI Index for September of current calendar year. 12 =CPI .Index for September of previous calendar year. Percentage of Increase = 11 / 12. Upon publication of the CPI fof September of each calehdar year by the U.S. 28I I Department of Labor, Bureau of Labor Statistics, the Public Services Department shall 23 1 3 4 5 calculate the Percentage of Increase. This calculation shall be submitted to the Mayor and Common Council as an agenda item the first meeting in December of each year from 2009 through 2013 for information only. If upon receipt of this report, the Mayor and Common Council elect to receive and file this report, on January 1 of each year from 2009 through 2013 all rates as set forth in this resolution shall lie increased by the Percentage of Increase. If upon 7 8 9 it 12 13 receipt of this report, the Mayor and Common Council elect to suspend a rate increase, they may do so by simple vote. SECTION 21. Repeal of Resolution 2004-239. Resolution 2004-239 as related to the fees for collection services or in conflict herewith is hereby repealed, effective January 1, 2009. SECTION 22. Effective Date. The rates set forth herein shall be effective ~ January 1; 2009. /// 16 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 24 /// ~ /// 26 /// 27 /!/ ~ /// 24 1 2 3 4 5 6 7 10 11 17I 18 211 231 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING THE FEES AND RATES TO BE CHARGED FOR THE COLLECTION OF REFUSE, GREEN WASTES AND RECYCLABLES, AND REPEALING RESOLUTION 2004-239. 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 following vote, to wit: Council Members` AYES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK day of 2008, by the NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2008. Patrick J. Morris, Mayor City of San Bernardino ~ Approved as to Form: By: ames F. Penman City Attorney 25