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HomeMy WebLinkAbout1997-04-08 - AGENDA REPORTS - AMNEDMENT CHAPTER 15 44 (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT i City Manager Approval Item to be presented by: Dennis Lunnens APRIL 8, 1997 AMENDMENT TO CHAPTER 15.44 OF THE SANTA CLARITA MUNICIPAL CODE ENTITLED: INTEGRATED WASTE MANAGEMENT, FOR THE PURPOSES OF LICENSING REFUSE ROLL -OFF SERVICES - ORDINANCE NO. 97-7; INTRODUCE ORDINANCE Public Works At the February 4, 1997 study session, the City Council directed staff to develop a licensing system for refuse roll -off bin services for further consideration by the City Council. This direction was given after numerous City Council meetings regarding this issue in which various roll -off service arrangement alternatives were discussed. The Waste Management Division (WMD), with assistance from the City Attorney's Office has prepared amendments to the City's Integrated Waste Management Code and has developed a licensing application and agreement (see attached documents). ANALYSIS Based on the City Council's comments and direction at the February 4 study session, staff has developed a refuse roll -off bin licensing system that provides for regulatory control of licensed service -providers while maintaining a large degree of hauler inclusivity and customer choice regarding rates and service. The system allows the City to regulate roll -off service -providers through enhancements to the City's Integrated Waste Management Code and through licensing agreements that contain performance and indemnification requirements. These measures allow competent, well-run service -providers to be identified and granted permission to operate legally in the City with proper licensing. The licensing system will provide for competition and customer choice by allowing any, and all, qualifying applicants the right to legally operate in the City. The primary elements of the municipal code amendments and the agreements are listed in Attachment A. The amended code will require that the City Council set, by resolution, fees for the license application, the actual license and per ton license fees. It is anticipated that following adoption of Ordinance No. 97-7 at the next April meeting, the license system will be fully implemented within 90 to 120 days. Continued To: 4 - 2Z Agenda Item: RECOMMENDATION City Council introduce, waive further reading and pass to second reading Ordinance No.97-7 and, direct staff to set a public hearing and prepare a resolution establishing licensing application, license, and per ton fees for roll -off refuse services. ATTACHMENTS Attachment A Ordinance No. 97-7 Collector's License- Roll -Off Bin Service; Application Form Collector's License- Roll -Off Bin Service (available for review in City Clerk's reading file) 51CCAGENDAT MMA.AGN ATTACHMENT A ELEMENTS AND REQUIREMENTS FOR AMENDMENTS TO INTEGRATED WASTE MANAGEMENT CODE AND PROPOSED TEMPORARY ROLL -OFF LICENSING AGREEMENTS GENERAL ADMINISTRATION License approval is delegated to the Public Works Director. Temporary "Roll -off Bins" are defined as a container provided for temporary accumulation and collection of Solid Waste on a short-term, non-recurring basis from Residential or Commercial Premises, frequently for collection of Construction and Demolition Waste. ■ Failure to conform to city code or licensing agreement may result in license revocation. FEES AND RATES A license application fee, license fee, and per ton license fee (pending review), will be established by City Council resolution. ■ Application and license fees reviewed biennially by the City to determine any necessary adjustments. ■ Rates to remain competitive, and will not be set by the City. TERMS OF LICENSE ■ License will be nonexclusive in nature ■ Two Year License Term INDEMNITIES, INSURANCES AND PERFORMANCE BONDING ■ AB 939 Indemnification based on market share ■ CERCLA Indemnification based on market share ■ A minimum of Two Million Dollars ($2,000,000) General Liability and One Million Dollars ($1,000,000) Per Occurrence Bodily Injury and Property Damage Insurance Policy*. ■ Performance bond requirement is $50,000 * These amounts are consistent with the existing commercial franchises. ATTACHMENT A (cont.) ELEMENTS AND REQUIREMENTS FOR AMENDMENTS TO INTEGRATED WASTE MANAGEMENT CODE AND PROPOSED ROLL -OFF LICENSING AGREEMENTS SERVICE AND PERFORMANCE STANDARDS ■ All applicants must make recycling services available to customers, and must have an employee designated as "recycling coordinator." ■ Containers must be kept clean and free of graffiti and other forms of vandalism ■ Containers must be serviceable and safe, i.e., no protruding sharp metal edges, dump doors must operate properly and safely secure when not being loaded or dumped. Containers must also be leakproof. ■ Placement of containers should be in strict compliance with all City codes and requirements ■ Quarterly dissemination of public information materials or advertisement of opportunities for industrial recycling REPORTING REQUIREMENTS ■ AB939 disposal/diversion reporting consistent with existing franchises SASOLWASTE MIMI77W.3 LAX2:177340.3 TEMPORARY ROLL -OFF BIN LICENSE APPLICATION FORM: 1. APPLICANT'S NAME, ADDRESS, $ TELEPHONE AND FAX NUMBERS. APPLICANT's regular office telephone and fax numbers are: Regular $ (_) - Fax Ir (_) -. APPLICANT's regular and emergency customer service $ telephone numbers are: Regular $ (_) Emergency $ (_) - 2. APPLICANT'S CRIMINAL AND ENVIRONMENTAL COMPLIANCE HISTORY. The Applicant must describe all criminal complaints, indictments, CERCLA § 104(e) letters and notices of violation against Applicant, or any of its corporate officers or subcontractors or related corporate entities which will be performing services pursuant to this License, relating to Applicant's provision of Solid Waste Services in the past five (5) years. (Please attach copies of complaints, NOVs, and judgments.) Attach additional sheets if necessary to fully respond to this part of the application. If none, so state. LAX2:177340.3 -2- M Additional page(s) ❑ are attached ❑ are not attached. 3. REIMBURSEMENT OF CITY EXPENSES. The application fee for this Collector's License - Temporary Roll -Off Bin Service includes reimbursement to City for City's expenses, including staff time, consultants' and attorneys' fees and other expenses associated with granting this Collectors License - Temporary Roll -Off Bin Service. Attach a Certified or Cashiers check in the amount determined by City Council Resolution. The Collector's License - Temporary Roll -Off Bin Service Application will not be processed if the application fee is not submitted with the application. This fee is non-refundable, and does not cover the fee for the license itself, but only covers the cost of processing the application. A check ❑ is attached ❑ is not attached. 4. EQUIPMENT TO BE USED. The Applicant must list and describe all vehicles and Roll -Off Bins to be used in the City of Santa Clarita. Include year, make, model and VIN or serial numbers, as appropriate. A list ❑ is attached ❑ is not attached. 5. HAZARDOUS WASTE SAFE DISPOSAL MEASURES. APPLICANT must certify that it will mark all of its Temporary Roll -Off Bins to be used in the City with conspicuous notices warning against the disposal of hazardous substances in Bins. ❑ All Bins have been marked. A copy of the text is attached. ❑ Bins will be marked. A copy of the text is attached. FOR CITY'S USE ONLY: LAX2:177340.3 -3- Additional page(s) ❑ are attached ❑ are not attached. 6. INSURANCE AND INDEMNIFICATION. a. {Yorkers' Compensation and Employers' Liability Insurance. APPLICANT shall obtain and maintain in full force and effect throughout the entire term of this Collector's License - Temporary Roll -Off Bin Service full workers' compensation insurance and Employers' Liability Insurance (with a minimum limit of ONE MILLION DOLLARS ($1,000,000.00) in accord with the provisions and requirements of the Labor Code of the State of California. ❑ A copy is attached ❑ A Copy is not attached, but will be submitted prior to issuance of the License. FOR CITY'S RISK MANAGER'S USE ONLY: Additional page(s) ❑ are attached ❑ are not attached. b. Liability Insurance. APPLICANT shall obtain and maintain in full force and effect throughout the entire term of this Collector's License - Temporary Roll -Off ..Bin Service a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TWO MILLION LM2:177340.3 -4- DOLLARS ($2,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence and a Commercial Auto Liability Insurance policy with a minimum limit of ONE MILLION DOLLARS ($1,000,000.00). Said insurance shall protect APPLICANT and City from any claims for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Collector's License - Temporary Roll -Off Bin Service. The following language is required to be made a part of all of the insurance policies required for the issuance of a Collector's License - Temporary Roll - Off Bin Service: i. "The City of Santa Clarita, its employees, agents, volunteers and officers, are hereby added as additional insureds to the extent of APPLICANT's indemnification obligations as set forth herein, but excluding negligence or wilful misconduct, as respects liability arising out of activities performed by or on behalf of APPLICANT." ii. "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City of Santa Clarita may possess including any self-insured retention the City of Santa Clarita may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." "This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." iv. "Thirty (30) days' prior written notice by certified mail, return receipt requested, shall be given to the City of Santa Clarita in the event of suspension, cancellation, reduction in coverage or in limits or non -renewal of this policy or whatever reason. Such notice shall be sent to the City Manager, City Attorney and City Clerk." The insurance required by this Collectors License - Temporary Roll -Off Bin Service shall be with insurers which are Best A+ rated, and California -Admitted, or better. The City shall be included as an additional insured on each of the policies and policy endorsements. L 2:177340.3 -5- C. Evidence of Insurance Coverage. APPLICANT shall file copies of executed endorsements evidencing the above required insurance coverage with this application. 'Y ❑ Copies are attached. ❑ Copies are not attached. FOR CITY'S RISK MANAGER'S USE ONLY: Additional page(s) ❑ are attached ❑ are not attached. d. Indemnification. APPLICANT shall agree to indemnify the City as set forth in EXHIBIT "A" to this application. e. Performance Bond Hauler shall obtain and maintain in full force and effect throughout the entire term of this License a performance bond to guarantee the Hauler's faithful performance of its obligations under this License. The performance bond shall be a bond issued by an admitted surety insurer, shall be in a principal sum of not less than $50,000, and in a form approved by the Public Works Director. ❑ Copy of document is attached ❑ Copy of document is not attached 7. RECYCLING COORDINATOR. Applicant must have a staff person responsible for recycling operations, education and outreach, waste surveys, training, site specific recycling plans and diversion reporting. The staff person must have appropriate training or experience to proficiently execute the duties of this position. Name, title and qualifying credentials of coordinator: 1' In addition, City shall have the right of inspection of APPLICANT's insurance policies. LAA2:177340.3 -6- ❑ Are attached ❑ Are not attached APPLICANT'S CERTIFICATION - BY RESPONSIBLE OFFICER: I, [Insert name of corporate official executing the Application] represent and certify, on behalf of the Applicant that I am familiar with the information presented in this Application, and that it true and'correct to the best of my knowledge and belief. By signing and submitting this Application, Applicant certifies that it understands the conditions and requirements of the Collector's License - Temporary Roll -Off Bin Service. By signing this Application, I certify that I am authorized by the Applicant to execute this Application. Date: LAX2:177340.3 -7- EXHIBIT "A" LICENSEE shall indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to govern- mental action) concerning any hazardous substance in any Solid Waste collected by LICENSEE pursuant to this License which is or has been transported, transferred, processed, stored, disposed of which has otherwise come to be located by LICENSEE, or its activities pursuant to this License result in a release of hazardous substances into the environment. With respect to Solid Waste collected by LICENSEE pursuant to this License which has been disposed of at places not owned or operated by LICENSEE, (1) LICENSEE may cause the owner or operator of the alternate facility to deliver a Hazardous Substances Indemnification in form satisfactory to City or (2) LICENSEE may provide hazardous substances indemnification, as provided above, or any combination of indemnification by the alternate facility and LICENSEE. Upon delivery and during the effective period of the Hazardous Substances Indemnification by an alternate facility, such facility shall be considered an "Indemnifying Alternative Facility." This indemnity is intended to be an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C. § 9607(e), and California Health and Safety Code § 25364, to defend, protect, hold harmless and indemnify City from all forms of liability under CERCLA, other statutes and the common law for any and all matters addressed. This provision shall survive the expiration of the period during which collection services are to be provided under this License. LA%2:177340.3 -8- ORDINANCE NO. 97-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PROTECTING PUBLIC HEALTH, SAFETY AND WELL-BEING WITH RESPECT TO TEMPORARY ROLL -OFF BIN SERVICE BY AMENDING TITLE 15, DIVISION 3, TO ADD NEW SECTIONS 15.44.087 AND 15.44.330 TO THE SANTA CLARITA MUNICIPAL CODE WHEREAS, the City of Santa Clarita desires that Title 15 of the Santa Clarita Municipal Code be amended to specifically address Temporary Roll -Off Bin Services; WHEREAS, the City of Santa Clarita desires that Temporary Roll -Off Bin Services licenses be issued to all solid waste enterprises which meet the City's standards; WHEREAS, the City of Santa Clarita desires that all Temporary Roll -Off Bin Services providers, whether or not the service provider claims a continuation or other right to provide Temporary Roll -Off Bin Service in the City, are to apply for a Temporary Roll -Off Bin Service provider's license and meet the City's public health and safety requirements as set forth in the licenses to be issued to all solid waste enterprises which meet the City's standards for Temporary Roll -Off Bin Service providers; WHEREAS, the City of Santa Clarita desires to protect the City and its residents from the risks of liability which might occur if solid waste service providers were to provide Temporary Roll - Off Bin Service without adequate insurance or without indemnifying the City from and against potential liabilities; WHEREAS, The Public Resources Code, and more specifically section 40059, permits cities and other local jurisdictions to determine: (1) all aspects of solid waste handling which are of local concern, including but not limited to frequency of collection; means of collection and transportation; level of services, charges and fees; nature, location and extent of providing solid waste services; (2) whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license, permit or otherwise, which may be granted upon such terms and conditions as prescribed by the governing body of the local agency. WHEREAS, the City of Santa Clarita is required by the California Integrated Waste Management Act of 1989 to reduce waste being sent to local landfills by fifty (50) percent by the year 2000; WHEREAS, the City of Santa Clarita is committed to reducing dependence on urban landfills and opposed to the development of the proposed Elsmere Canyon Landfill; S.WLW ASTBADMIM177421.3 WHEREAS, the City Council has determined that the implementation of a refuse roll -off licensing program will assist the City in coordinating waste reduction efforts necessary to comply with the California Integrated Waste Management Act of 1989; WHEREAS, In determining standards for issuance of a Collectors License - Roll -Off Bin Service, the City has considered a number of factors including but not limited to: the laws governing the safe collection, transport, transfer, recycling and disposal of Roll -Off Bin Waste, including the California Integrated Waste Management Act of 1989 (commonly referred to as "AB 939" and partially codified at Public Resources Code §§ 40000 et seq.), the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. In order to protect public health, safety and well-being and to prevent the spread of vectors, Title 15 of the Santa Clarita Municipal Code is hereby amended to add Sections 15.44.087 and 15.44.330 to read as follows: 415. 4.087 Roll -Off Bin. "Roll -Off Bin" means a container provided for temporary accumulation and collection of Solid Waste on a short-term, non-recurring basis from Residential or Commercial Premises, frequently for collection of Construction and Demolition Waste. Roll -Off Bins include solid waste containers with nominal capacities of 40 yards, or low -boys but may be smaller, i.e., two (2), three (3), four (4), five (5) or six (6) cubic yards. 15.44.330 Temnorary Roll -Off Bin Licenses. A. Pursuant to Division 30, Part 1, Chapter 1, Article 2 of the Public Resources Code, §§ 40050 tj s,.gq., the Director of Public Works may issue one or more permits, licenses or other form of authorization (collectively "license") to those solid waste enterprises which the Director determines to meet the conditions of this section, for the provision of Temporary Roll -Off Bin Service within the City. Any such license shall be in writing, naming the licensee. No application shall be accepted without payment of an Application Fee to defray the City's expenses of reviewing the application. No license shall be issued without payment of a License Fee, to reimburse the City for the administration of the Temporary Roll -Off Bin Service license program. The amounts of Application and License Fees shall be set by the City Council, by resolution. B. No Temporary Roll -Off Bin License, for the provision of Temporary Roll -Off Bin services in the City, shall be issued unless the Director of Public Works first determines, by written findings of fact, that the Applicant has or will satisfy the following conditions: 1. The Licensee shall comply with the provisions of this Chapter; and, 2. The licensee shall protect, defend, indemnify and hold the City harmless from liability related to the issuance of the license, and the exercise of the license including specifically, but not limited to, liability under the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §§ 6901 at seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 el =q., as they may be amended from time to time and all regulations implementing these acts; and the common law, and 3. The licensee shall be required to maintain insurance in the types and amounts determined by the Public Works Director to be adequate; 4. The licensee shall cooperate with City in Solid Waste Disposal Characterization Studies or other waste stream audits and to submit information required by City to meet the reporting requirements of A& 939 and to implement measures consistent with the City's Source Reduction and Recycling Element in order for the City to reach the diversion and other goals mandated by the California Integrated Waste Management Act of 1989, as it may be amended from time to time; 5. The licensee shall maintain all its Temporary Roll -Off Bins in the City free from "tagging" or graffiti; and 6. The licensee shall cause all of its Temporary Roll -Off Bins used in the City to be marked on all sides with conspicuous warnings that the disposal of hazardous substances or hazardous waste in Temporary Roll -Off Bins is dangerous and is prohibited by law. 7. Containers must be serviceable and safe, i.e., no protruding sharp metal edges. Container dump doors must operate properly, and be safely secured when not being loaded or dumped. Containers must also be free of leaks. C. All Temporary Roll -Off Bins placed in the City, except for Construction and Demolition Waste in Temporary Roll -Off Bins, shall be pulled and removed not later than ten (10) days after placement of the Temporary Roll -Off Bin, or as soon as the licensee which placed the Temporary Roll -Off Bin has been notified that the Temporary Roll -Off Bin has been filled to capacity, whichever occurs first. The placement and service of Temporary Roll -Off Bins is considered to be a temporary service, not a continuing service. No new or replacement bin, except a construction and demolition waste bin, shall be placed at the same premises except after an interval of ten (10) days after the removal of a Temporary Roll -Off Bin. Neither collection of Residential Solid Waste from Multi -Family Residences using Commercial Bins, nor Commercial Solid Waste from Commercial Premises using Commercial Bins, is within the scope of the Roll -off Bin License; such collection is within the scope of Commercial Solid Waste Franchises awarded by the City. Similarly, collection of residential Solid Waste from Single Family residences utilizing can or cart service is not within the scope of this License; such collection falls within the scope of Residential Solid Waste Franchises. D. In the event that the Director of Public Works, following notice and an opportunity to reply, determines that a licensee has violated any applicable provision of this Chapter or other condition of the license, the Director may revoke a Temporary Roll -Off Bin Service license. Revocations may be appealed, in writing, to the City Manager. Revocations by the Director shall be final if not appealed to the City Manager within ten (10) days of issuance. E. In the event that the Director of Public Works denies an application for a License, following notice and an opportunity to reply, the denial may be appealed, in writing, to the City Manager. Denials by the Director shall be final if not appealed to the City Manager within ten (10) days of issuance." F. It shall be unlawful for any person, including any solid waste enterprise, to place or maintain a Temporary Roll -Off Bin in the City without a License or franchise issued in writing by the City. SECTION 2. This Ordinance shall take effect thirty (30) days after its final passage. This Ordinance is subject to the provisions for referendum applicable to a City as set forth in § 4050 of the Elections Code of the State of California. SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published as required by Law. PASSED, APPROVED and ADOPTED this _ day of 1997. MAYOR ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS CITY OF SANTA CLARITA ) I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 97-7 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 19_. That thereafter, said Ordinance was duly adopted and passed at regular meeting of the City Council on the day of , 19_ by the following vote, to wit: AYES: COUNCILMEMBERS: IZUG)YI:K/111►(f1111&A111ik1:1:1t7.`A ABSENT: COUNCILMEMBERS: CITY CLERK