HomeMy WebLinkAbout2011-08-01_cityofsanrafael_5bf51d75ce1707d81262b7ee3cb5cce3C,ry
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Agenda Item No:
Meeting Date:
5 a.
August 1, 2011
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Com nity Development
Prepared by: Robert M. Brown
Comm
ent Director
City Manager Approva
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SUBJECT: Consideration of Resolution establishing Zero Waste goals and an Ordinance amending
Chapter 12.46 of the San Rafael Municipal Code mandating recycling of construction and demolition
debris.
RECOMMENDATION: Staff recommends that the City Council:
Adopt a Resolution establishing goals to achieve Zero Waste, and
2. Introduce an Ordinance deleting Chapter 12.46 of the San Rafael Municipal Code (Requirement
to Divert Construction and Demolition Debris from Landfill) and adding a new Chapter 12.46
(Construction and Demolition Materials Recovery).
BACKGROUND: In December, 2009 the Marin County Hazardous and Solid Waste Management JPA
published a Zero Waste Feasibility Study which identified programs that member agencies and the JPA
could implement to significantly reduce the amount of waste going to the landfill. The JPA subsequently
prepared a Zero Waste Toolkit to assist its member agencies to adopt:
1. A Zero Waste Resolution containing landfill reduction (diversion) goals,
2. A model Extended Producer Responsibility and Environmentally Preferable Purchasing
Resolution,
3. A model Construction and Demolition (C&D) Debris Ordinance,
4. A model Commercial and Multi -Family Recycling Ordinance, and
5. Model Franchise Agreement language.
Two of the above five items are recommended for City Council action at this time, as described below in
the Analysis section of this report.
To encourage member cities to adopt and implement these model waste reduction strategies the JPA
created a grant program with funding based on the jurisdictions' relative population. At its meeting of
April 18, 2011 the City Council authorized the City Manager to apply to the JPA for the Zero Waste Grant
Program, with $48,879 to the City to cover staffing costs for adoption and implementation of the Zero
Waste Resolution, C&D Ordinance, Multi -Family and Commercial Recycling Ordinance and a Single -Use
Plastics Ordinance. $10,000 was authorized for a pilot program by Marin Sanitary Services to increase
participation in the multi -family recycling program focused in the Canal neighborhood. This application
was filed with the JPA on April 28, 2011 and approved by the Board on June 23, 2011.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS: The JPA's Zero Waste initiatives are consistent with the City's waste reduction objectives
set forth in the 2009 Climate Change Action Plan, which includes the following programs:
■ LF11: Adopt a Zero Waste Goal and develop a Zero Waste Strategic Plan for San Rafael.
■ LF12: Encourage the Marin County Hazardous and Solid Waste JPA to establish a landfill
"tipping fee" to fund waste reduction efforts. (This was enacted in 2010)
■ LF13: Encourage programs to education and assist homeowners in composting, and the creation
of facilities to convert organic waste to energy to significant reduce or eliminate landfill disposal.
■ LF14: Work with the City's waste franchisee to create additional incentives in the rate structure
for waste reduction and recycling and expand the range of recycled products if resale markets
exist.
■ LF15: Adopt a construction debris recycling and reuse ordinance.
• LF16: Assist in the establishment of additional reuse facilities (resale shops, refilling stations,
repair shops and resource recovery yards).
■ LF17: Investigate options for banning nonrecyclable single use items, such as plastic bags and
polystyrene takeout food containers.
■ LF18: Modify the City's purchasing practices and policies to become a model for other
businesses and organizations.
Zero Waste Resolution
The purpose of the Zero Waste Resolution is to commit the member agencies of the JPA to common
waste reduction goals and participation in a JPA strategic plan to implement programs to achieve these
goals, It also would commit the City to supporting efforts at higher levels of government to reduce
"upstream" waste that results from excess product packaging and lack of product reuse/repair potential.
The JPA Zero Waste Feasibility Study indicates goals of 80 percent waste reduction (diversion from
landfill) by 2012 and 100 percent by 2025. Previous background materials to the Feasibility Study
referenced 94 percent landfill diversion by 2025, and this is the objective that was quantified in the
Greenhouse Gas Emissions Reduction Strategy and referenced in the General Plan 2020 Sustainability
Element, both of which were adopted by the City Council on July 18, 2011. Staff believes that the 94%
diversion goal is more realistic for 2025, since achieving 100% diversion is dependent upon not only
being very successful at implementing the JPA's Feasibility Study programs, but also on significant
reduction in "upstream" waste over which the City and JPA have little control. The JPA staff agrees that
adoption of a 94% diversion goal for 2025 is appropriate and still constitutes a "stretch goal." The draft
Resolution attached also states that it is the City's ultimate goal to attain 100% diversion.
Construction and Demolition Debris Ordinance
The City adopted a Construction and Demolition (C&D) Debris Ordinance (Chapter 12.46 S.R.M.C.) on
November 15, 2010 in conjunction with adoption of its Green Building Ordinance. This ordinance was
consistent with that previously adopted by Marin County and other Marin jurisdictions, and requires that a
minimum of 50% of construction debris be recycled or reused. The JPA has prepared a model C&D
ordinance which differs from the City's current ordinance in the following ways:
1. It establishes a minimum diversion of 70% of construction debris, with increasing percentages
through 2025, consistent with the diversion goals contained in the Zero Waste Resolution;
2. It includes a provision for the JPA to certify C&D Recovery Facilities to assure that they are
achieving the required diversion rates, which is an added verification that would be helpful to San
Rafael and other jurisdictions; and
3. It includes exemptions from the C&D diversion requirements that differ from the City's current
regulations which exempt all construction and demolition projects which are under 1,000 square
feet of building area. The proposed exemptions include projects which are under a specified
construction valuation and roofing projects which largely produce asphaltic' material which cannot
be easily recycled. The model ordinance proposes a construction valuation exemption for
residential remodeling projects of less than $2,000 and $5,000 for non-residential alterations.
The Building Official has recommended a valuation exemption of $10,000 as a more practical
limit for projects which have a potential to generate debris, and this amount has been
incorporated into the draft ordinance with the concurrence of the JPA staff.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
4. It includes an Avoided Disposal Regulatory Fee which would be assessed only if an applicant
fails to submit the required C&D Diversion Report and evidence of material disposal to a Certified
C&D Recovery Facility. The fee is intended to be a disincentive for applicants who might
otherwise disregard the ordinance and seek building occupancy without having recycled
construction debris. The fee would be based on 3% of the construction project valuation, capped
at a maximum $10,000 fee. Although staff hopes to not collect such fees, and will clearly inform
applicants upon building permit submittal of the Avoided Disposal Regulatory Fee, any fees
collected will be used for enforcement activities associated with the C&D Ordinance.
Multi -Family and Commercial Recycling Ordinance
This ordinance would mandate the separation of trash from recyclable materials at local businesses and
apartment/condominium complexes. Marin Sanitary Services (MSS) already offers recycling services to
businesses and multi -family developments, but participation by property owners is voluntary. The model
ordinance includes an exemption of any location which generates less than 4 cubic yards of waste each
week, although applied to San Rafael this would exempt approximately three-quarters of MSS customers.
City staff recommended a lowered exemption of 1 cubic yard of weekly waste generation with inclusion of
a discretionary waiver provision for businesses and multi -family complexes that could demonstrate the
lack of sufficient space to provide for source separation.
Since the San Rafael Municipal Code currently contains regulations in Chapter 9.19 that pertain generally
to recycling and waste hauling, the City Attorney's Office believes that a more comprehensive rewrite of
this chapter to incorporate the new model Multi -Family and Commercial Recycling regulations is
warranted. As a result, this ordinance is not being brought forward for City Council action at this time, but
should be available for adoption in the near future.
Extended Producer Responsibility and Environmentally Preferable Purchasing Resolution
The model Extended Producer Responsibility (EPR) and Environmentally Preferable Purchasing
Resolution would commit the City to using its lobbying efforts to encourage the state legislature to enact
EPR legislation. In addition, it would commit the City to shifting its purchasing practices towards products
that have lower levels of toxins, greenhouse gas emissions, water consumption and energy consumption
in their manufacture, and that are recyclable or compostable or utilize post -consumer recycled content.
Since the City's purchasing is decentralized to the various departments, implementation of "green"
purchasing is a greater challenge. The City Manager's Office will further evaluate this model resolution,
including consideration of whether the two issues can be divided such that an EPR resolution could be
brought forward for Council adoption in the near future.
Model Franchise Agreement
The JPA has produced a model franchise agreement based on best practices from throughout the state.
MSS and staff have reviewed the model franchise agreement and recognize that much of the proposed
scope of work is already being undertaken by MSS under the current franchise agreement with San
Rafael. Attachment 3 is a summary of the current MSS scope of services in San Rafael which has been
prepared as a starting point to compare the model franchise agreement with the services defined in the
existing franchise agreement.
FISCAL IMPACT: The staffing costs of adoption and initial implementation of the Zero Waste Resolution
and the C&D Debris Ordinance will be covered by up to $48,879 through the JPA's Zero Waste Grant
Program.
OPTIONS:
1. Adopt a modified Zero Waste Resolution as directed by the City Council,
2. Modify the C&D Debris Ordinance as directed by the City Council.
ACTIONS REQUIRED:
1. Approve the Zero Waste Resolution, and
2. Introduce Ordinance deleting Chapter 12.46 of the San Rafael Municipal Code (Requirement to
Divert Construction and Demolition Debris from Landfill) and adding a new Chapter 12.46
(Construction and Demolition Materials Recovery).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
ATTACHMENTS:
1. Draft Zero Waste Resolution
2, Draft Ordinance deleting Chapter 12.46 of the San Rafael Municipal Code (Requirement to Divert
Construction and Demolition Debris from Landfill) and adding a new Chapter 12.46 (Construction
and Demolition Materials Recovery).
3. Description of Services: Marin Sanitary Services
RESOLUTION NO.
A RESOLUTION ADOPTING A ZERO WASTE GOAL
WHEREAS, approximately 14% of the greenhouse gases emitted within the City of
San Rafael in 2005 were associated with waste disposal; and
WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939)
required that all California jurisdictions achieve a landfill diversion rate of 50% by the
year 2000, and reduce, reuse, recycle, and compost all discarded materials to the
maximum extent feasible before any landfilling or other destructive disposal method is
used; and
WHEREAS, the County of Marin has established itself as a State leader in waste
diversion and sustainability practices by exceeding the requirements of AB 939 to
achieve a 77% diversion rate in 2004 and is constantly looking for innovative ways to
decrease waste; and
WHEREAS, in 2001 the California Integrated Waste management Board set a goal
of Zero Waste in its strategic plan for the state; and cities, councils, counties, and states
worldwide have adopted a goal of achieving zero waste, including the counties of San
Francisco, Santa Cruz, San Luis Obispo, and Del Norte in California; the cities of Palo
Alto, Oakland and Berkeley in California, Seattle in Washington, Toronto in Canada,
and Canberra in Australia; and the local state of New South Wales in Australia; and
45% of New Zealand's local government councils; and
WHEREAS, strategies to reach zero waste can help to promote the over -arching
goal of each generation leaving less of an ecological footprint on the earth; and
WHEREAS, on April 20, 2009 the San Rafael City Council adopted the San Rafael
Climate Change Action Plan which includes Program LF -11 which states, "Adopt a Zero
Waste Goal and develop a Zero Waste Strategic Plan for San Rafael"; and
WHEREAS, on July 18, 2011 the San Rafael City Council added the Sustainability
Element to General Plan 2020, which includes Policy SU -9 which states, "Reduce
material consumption and waste generation, increase resource re -use and composting
of organic waste, and recycle to significantly reduce and ultimately eliminate landfill
disposal," and Program SU -9a, which states, "Adopt a Zero Waste Goal and a Zero
Waste Strategic Plan to achieve this goal"; and
WHEREAS, the Marin County Hazardous and Solid Waste Management Joint
Powers Authority passed a Zero Waste resolution on November 9, 2006 and the County
of Marin passed a Zero Waste resolution on April 17, 2007; now therefore, be it
RESOLVED, that the City of San Rafael joins the Marin County Hazardous and
Solid Waste Management Joint Powers Authority ("JPA") representing the eleven cities
and towns of Marin and County of Marin and the County of Marin, and hereby adopts a
goal of 80% landfill diversion by 2012 and 94% diversion by 2025, with diversion
meaning the elimination of materials from being disposed of in a landfill, diversion of
recyclable materials to be reprocessed into usable forms with minimal transport, energy
use and other deleterious environmental or social effects, the maximum practical reuse,
recirculation and repair of usable items and components, the reduction of unnecessary
packaging; and be it
Exhibit 1
FURTHER RESOLVED, that the City of San Rafael commits itself to the ultimate
goal of Zero Waste, whereby no materials are landfilled, but instead fully recycled,
repaired and reused; and be it
FURTHER RESOLVED, that the City of San Rafael, through the JPA, will support
the implementation and progressive refinement and strengthening of the Regional
Integrated Waste Management Plan and the development of a Strategic Plan that will
provide guidance in the planning and decision-making process to achieve the County's
Zero Waste Goal; and be it
FURTHER RESOLVED, that the City of San Rafael will partner with regional, state,
national and international communities to actively pursue strategies that will go beyond
reuse and recycling to eliminate waste upstream.
ADOPTED BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor:
City Clerk:
Exhibit 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DELETING FROM THE SAN RAFAEL MUNICIPAL CODE CHAPTER 12.46
(REQUIREMENT TO DIVERT CONSTRUCTION AND DEMOLITION DEBRIS FROM
LANDFILL, AND ADDING NEW CHAPTER 12.46 (CONSTRUCTION AND
DEMOLITION MATERIALS RECOVERY)
WHEREAS, the State of California through Assembly Bill 939, the California Waste
Management Act of 1989, and Senate Bill 1016, the Alternative Compliance Act of 2008,
requires that each local jurisdiction in the state divert 50% of discarded materials from landfill
garbage disposal on a per capita basis; and
WHEREAS, every city and county in California, including the City, could face fines up to
$10,000 a day for not meeting the above mandated goal; and
WHEREAS, the State of California through Assembly Bill 32, the California Global Warming
Solutions Act of 2006, requires that commercial generators statewide participate in recycling
programs; and
WHEREAS, the City has conducted a Greenhouse Gas Inventory and determined that
approximately fourteen percent (14%) of greenhouse gasses generated by the community of
San Rafael in 2005 was associated with waste disposal; and
WHEREAS, the City Council on April 6, 2009 adopted the San Rafael Climate Change Action
Plan which includes programs to achieve reductions in community greenhouse gas emissions,
including Program LF11 which calls for adoption of a Zero Waste Goal and a Zero Waste
Strategic Plan to reduce the landfilling of waste; and
WHEREAS, the City continues to make progress in maintaining the disposal reduction
requirements of the state recycling law, but additional efforts, particularly in the recycling of
paper, cardboard, glass, and other recyclable materials generated by businesses, will assist the
City in maintaining and exceeding the goal of diverting waste from landfill disposal. The City
desires to implement programs to achieve the Marin County Hazardous and Solid Waste
Management Joint Powers Authority (JPA) goal to increase the diversion of materials from
landfill and transformation facilities to an eighty percent (80%) diversion level by 2012 and a
ninety-four percent (94%) diversion level by 2025, ensuring that resources are used to their
highest potential, and that upstream waste and Marin's ecological footprint are reduced; and
WHEREAS, inert and mixed construction and demolition (C&D) waste constitutes approximately
16% of the materials landfilled in Marin County and a similarly large portion of the waste stream
in the City, indicating that such waste has a significant potential for reduction and recycling; and
WHEREAS, C&D waste reduction and recycling have been proven to reduce the amount of
such waste in landfills, to increase site and worker safety, and to be cost effective; and
WHEREAS, , it is deemed feasible to divert on average one hundred percent (100%) asphalt
and concrete, and at least seventy percent (70%) of all remaining C&D debris from most
construction, demolition, and renovation projects in the City;
Exhibit 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN
AS FOLLOWS:
DIVISION 1: The City Council finds as follows:
A. The adoption of this ordinance is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA
Guidelines (14 Cal. Code §15308) because it is an action taken by a regulatory agency
for the protection of the environment and no exceptions to this categorical exemption
apply.
B. The proposed City code amendments are consistent with the policies and programs of
the San Rafael General Plan 2020, including Conservation Element Policy CON -21
(Waste Reduction/Recycling), Program CON -21 a (Recycling), Program CON -21e
(Recycling), Sustainability Element Policy SU -9 (Zero Waste) and Programs SU -9f
(Construction Debris) and SU -9g (Reuse Facilities) in that the proposed recycling
requirements will result in greater use of recycled and reused materials and reduction in
the waste stream.
C. The public health, safety and general welfare will not be adversely impacted by the
proposed City code amendments which reduce production of methane and other
greenhouse gases, and generation and landfilling of waste products.
DIVISION 2: Chapter 12.46 (Requirement to Divert Construction and Demolition Debris from
Landfill) of the San Rafael Municipal Code is hereby deleted and a new Chapter 12.46
(Construction and Demolition Materials Recovery) is hereby added to read as follows:
Chapter 12.46 Construction and Demolition Materials Recovery.
Sections:
12.46.010
Definitions
12.46.020
Recovery Report Required
12.46.030
Recovery Report Exemptions
12.46.040
Certified Recovery Facilities
12.46.050
Use of Avoided Disposal Regulatory Fees
12.46.010 DEFINITIONS
"Alternative Daily Cover (ADC)" means disposal facility cover material, other than
organic waste and at least six (6) inches of earthen material, placed on the surface of the active
face of the refuse fill area at the end of each operating day to control vectors, fires, odor,
blowing litter and scavenging, as defined in Section 20164 of the California Code of
Regulations.
"Avoided Disposal Regulatory Fee" means a fee equal to three percent (3%) of the
value of the project, not to exceed ten thousand dollars ($10,000) or such fee as may hereafter
be set by City Council resolution.
"Certifying Agency" means the Marin County Solid Hazardous and Solid Waste
Management Joint Powers Authority or such other competent agency approved by the City for
certification of Certified Recovery Facilities.
Exhibit 2
"Construction and demolition waste (C&D waste)" means used or discarded materials
removed from premises during construction or renovation of a structure resulting from
construction, remodeling, repair, deconstruction or demolition operations on any pavement,
house, commercial building or other structure.
"Certified Recovery Facility" means a recycling, composting, materials recovery or re-
use facility determined to process incoming C&D waste to divert from landfill or transformation
for which the certifying agency has issued a certification.
"C&D Diversion Report" means a report submitted by a permittee, on a form approved
by the City Official, which contains an estimate of the amount of C&D waste generated by the
project, documentation of the diversion of C&D waste, including recycling, reuse and Certified
Recovery Facility receipts, and such additional information deemed necessary by the City
Official to document accomplishment of the requirements of this Chapter.
"Deconstruction Project" means a process to carefully dismantle or remove useable
materials from structures, as an alternative to demolition.
"City Official" means the Chief Building Official, or his or her designee.
"Diversion" or "Diverted" means a reduction of the amount of C&D waste being disposed
in a landfill or transformation facility by any of the following methods:
1. Use of new construction methods, as described in regulations promulgated by the
City Official, that reduce the amount of waste generated.
2. On-site or off-site reuse of the waste.
3. Delivery of the waste from the project site to a Certified Recovery Facility or other
approved facility described in Section 12.46.040.
4. Other methods as approved in regulations promulgated by the City Official.
"Joint Powers Authority" or "JPA" means Marin County Hazardous and Solid Waste
Management Joint Powers Authority.
"Permittee" means any individual, firm, limited liability company, association, partnership,
political subdivision, government agency, municipality, industry, public or private corporation, or
any other entity whatsoever who obtains the applicable building permit under Chapter 12.12 to
undertake any construction, demolition or renovation project within the City.
"Project" means a construction, demolition or renovation project for which a building
permit is required under Chapter 12.12 of this code, with the exception of a project exempted
under Section 12.46.030.
"Recycling" means the process of collecting, sorting, cleansing, treating and
reconstituting materials such as newsprint, mixed paper, glass containers, aluminum beverage
containers, small scrap and cast aluminum, steel including "tin" cans, empty aerosol cans,
bimetal containers, plastic bags, plastic food containers, #1-7 plastics regardless of form or
mold, aluminum foil and pans that would otherwise become solid waste and returning them for
use or reuse in the form of raw materials for new, used or reconstituted products which meet the
quality standard necessary to be used in the market place. Recycling does not include
transformation as defined in Public Resources Code §40201.
"Reuse" means using an object or material again, either for its original purpose or for a
similar purpose, without significantly altering the physical form of the object or material.
Exhibit 2
12.46.020 C&D DIVERSION REPORT REQUIRED
Upon the effective date of this Chapter each permittee who obtains a building permit for
a Project subject to this Chapter shall submit a C&D Diversion Report to the Building Division
prior to final inspection of the project and granting of occupancy. Prior to obtaining any final
inspection and grant of occupancy from the Building Division, the permittee shall pay an
Avoided Disposal Regulatory Fee -if the City Official determines that the permittee has not
satisfied the diversion requirements of this Chapter.
12.46.030 C&D DIVERSION REPORT EXEMPTIONS
A. A C&D Diversion Report shall not be required for the following:
1. Deconstruction Projects.
2. Work for which a building permit is not required under Chapter 12.12 of this
code.
3. Renovations of existing residential or non-residential structures of less than
$10,000 in construction valuation.
4. Removal and reinstallation of roof covering materials.
5. Work for which only a plumbing, electrical, or mechanical permit is required.
6. Voluntary residential seismic retrofit projects.
7. Installation or replacement of shelves.
8. Installation of pre -fabricated patio enclosures and covers where no
foundation or other structural building modifications are required.
9. Installation of swimming pools and spas, provided that the exemption shall
apply only to (1) the area to be excavated for the installation of the pool or spa and (2) the area
for the pad for the pool/spa equipment that does not exceed sixteen square feet; and shall not
apply to any related construction or alterations necessary for any other equipment or
accessories, nor to any other portion of the project.
10. Installation of pre -fabricated accessories such as signs or antennas where no
structural building modifications are required.
B. No Project shall be segmented into smaller projects for the purpose of evading the
requirements of this Chapter.
12.46.040 CERTIFIED C&D RECOVERY FACILITIES
A. The Certifying Agency may certify a facility as a Certified C&D Recovery if the
owner or operator of the facility has submitted the following documentation satisfactory to the
Certifying Agency:
1. The facility has obtained all applicable Federal, State, and local permits, and
is in full compliance with all applicable regulations; and
2. The percentage of incoming materials from construction, demolition, and
alteration activities that is diverted from landfill disposal and from use as ADC meets the
minimum diversion requirement as established in Section 12.46.050.
B. Until such time as the Certifying Agency has certified one or more Certified C&D
Recovery Facilities, the following facilities shall be accepted:
1. Marin Resource Recovery Center, and
Exhibit 2
2. Redwood Landfill Recycling Center
3. Such other facilities as are licensed by the California Integrated Waste
Management Board for receipt of solid waste.
C. Facilities that fail to achieve the minimum diversion requirements to obtain certification
as a Certified C&D Recovery Facility may request and receive a temporary certification
from the Certifying Agency provided they have:
1. Complied with all of the certification requirements other than the minimum
diversion requirement;
2. Demonstrated, to the Certifying Agency's satisfaction, a good faith effort to
achieve the minimum diversion requirement; and
3. Met any and all other requirements that the Certifying Agency may establish
for issuing any such temporary certification.
D. The City shall make available to each building permit applicant a current list of
Certified C&D Recovery Facilities.
12.46.050 DIVERSION REQUIREMENTS
Diversion requirements for a Project and for a Certified C&D Recovery Facility shall be a
minimum of seventy percent (70%) on or after the effective date of this Chapter, and shall
increase to 80% by December 31, 2012, to 85% by December 31, 2015, to 90% by December
31, 2018 and to 94% by December 31, 2025.
12.46.060 USE OF AVOIDED DISPOSAL REGULATORY FEES
A. Moneys received by the City as Avoided Disposal Regulatory Fees shall be used
only for:
1. Costs of administration of the program established by this Chapter;
2. Cost of programs whose purpose is to divert the waste from construction,
demolition, and alteration projects from landfill disposal, transformation and use as ADC; and
3. Costs of programs whose purpose is to develop or improve the infrastructure
needed to divert the waste from construction, demolition and alteration projects from disposal in
a landfill, transformation facility or use as ADC.
DIVISION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any
one or more section, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 4: This Ordinance shall be published once in full before its final passage in a
newspaper of general circulation, published and circulated in the City of San Rafael, and shall
be in full force and effect thirty (30) days after its final passage.
ALBERT J. BORO, Mayor
Exhibit 2
ATTEST:
ESTHER BEIRNE, City Clerk
The foregoing Ordinance No. was read and introduced at a Regular Meeting of
the City Council of the City of San Rafael, California, held on the 1st day of August, 2011
and ordered passed to print by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular
Meeting of the Council to be held on the 15th day of August, 2011.
ESTHER BEIRNE, City Clerk
Exhibit 2
MARIN SANITARY SERVICES
Description of Services
JULY 2011
GENERAL
Company shall provide collection services using modern automated and semi- automated equipment with
the Company's name and telephone number clearly visible from the outside of the vehicle or equipment.
Company will provide carts or bins to residential and commercial customers that are clearly labeled for
their allowable contents, with trash or recyclables. Containers provided by the company are the property
of the company.
Company to provide an updated website with information on residential and commercial services offered
and current customer rates. The website will contain recycling information for residential customers
including materials accepted at the curbside, disposal and recycling information for items not accepted at
the curbside, and information on the household hazardous waste collection center. The website will
contain recycling information for commercial customers including information on the mandatory
commercial recycling ordinance, availability of recycling schedules tailored to individual businesses. The
website will also include information on the services available to meet the requirements of City's
construction and demolition ordinance.
Company to provide customer billing and payment options including automatic billing, credit card billing,
and online payments.
Company to provide annual reporting to the City of San Rafael on customer education and outreach
activities.
Company to provide annual reporting on customer service complaints.
ATTACHMENT 3
Page 1 of 5
RESIDENTIAL SERVICE
Garbage:
Company shall provide semi -automated tipper carts in 20, 32, 64, and 96 -gallon capacities to be placed at
the curb or designated location for one time per week collection for rates and fees as listed in Exhibit C. 20 -
gallon carts are available for smaller households and intensive recyclers. Carts should be placed at the
designated collection location by 6:00 am the day of service. On-site collection for cans not at the curb is
available for an extra charge. Items placed outside the cart or overflowing carts will incur an additional
charge. Carts are the property of MSS. Company will determine the appropriate collection location.
Customers may set out additional containers or bags not to exceed 32 gallons in size for a fee as listed in
Exhibit C. Low-income rates listed in Exhibit C are available for qualifying customers.
Recycling:
Company shall provide all residential customers with one 64 -gallon dual sort recycling cart, one side for
paper and fiber products, one side for containers and all items marked #147, and may set out additional
customer owned containers for each product. Cardboard may be broken down and tied into 24" x 24"
bundles. Carts or containers must be placed at the curb, or upon approval of company the designated
collection location next to their garbage container for one time per week collection by 6:00 am the day of
service. The list of acceptable material may be found in Attachment A-1. Customers may set out additional
containers of acceptable recyclable material at no charge. Dual Sort Carts are the property of MSS. All
residential customers must be offered recycling collection.
Recyclable material placed in company containers or at the curb for collection is the property of MSS.
Organics, Yard waste, Food waste:
Company shall provide all residential customers with one 64 -gallon "green" cart for organics, yard waste,
and food waste to be placed at the curb or upon approval of company the designated collection location
next to their garbage container for one time per week collection by 6:00 am the day of service. Customers
may set out up to two (2) additional 32 gallon customer owned cans, or obtain and set out for a fee as
listed in Exhibit C Rates, one additional 64 gallon "green" cart. Green carts are the property of MSS. The
list of acceptable Organic Material may be found in Attachment A-1. Customers may set out additional
containers for a fee as listed in Exhibit C. All residential customers must be offered organics collection.
Additional Services
Special pickups of large, hard to handle or bulky items may be requested for an additional fee as listed in
Exhibit C. Estimates can be provided. These bulky items will be collected in non -compaction vehicles for
greater re -use and recycling. Extra material can be collected for a fee as listed in Exhibit C in cans or bags
not greater than 32 gallons when placed next to the regular container on collection day.
ATTACHMENT 3
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COMMERCIAL SERVICE
Garbage:
Company shall provide semi -automated tipper carts in 32, 64, and 96 -gallon capacities to be placed for
collection at the curb or upon approval of company the designated collection location. On-site collection
for cans not at the curb is available for an extra charge. Company will also provide bins from 2, 3-, 4-, 5,, 6-,
10-, or 18 -yard capacities for large volumes of material. Service levels range from one time per week to six
times per week. Customers may set out additional containers or bags not to exceed 32 gallons in size for a
fee as listed in Exhibit C. Company retains approval of all service locations for bins. Company also services
customer owned compactor units for the fees as listed in Exhibit C. For safety and equipment purposes
company retains right of approval as to the type of compactor to be serviced and service location.
Recycling_
Company shall provide unlimited commercial recycling collection for bottles, cans, beverage containers, all
plastic items marked # 1-7, newsprint, office paper, and fiber or cardboard. Company provides semi -
automated tipper carts in 32 and 64 -gallon capacity for collection from one time per week to six times per
week. Company can provide 2- and 3 -yard rear loading bins for cardboard collection with the Company's
approval of the location. Pick ups can be scheduled from one time per week to six times per week.
Company is to perform waste audit at least one time per year for each commercial account, or upon
request to determine composition and characterization of waste to offer recommendations regarding
recycling services. Recycling services must be offered to all commercial customers.
Recyclable material placed in company containers or at the curb for collection is the property of MSS.
Company will provide services to comply with the City's Commercial Recycling Ordinance.
Organics, Yard waste, Food waste:
Company is working with franchising agencies to develop and implement a commercial food waste
collection program. Upon approval of the program, the Company will perform a waste audit of all
commercial customers for evaluation and inclusion into the food waste collection program, and inform
customers of all options to participate. This section of Exhibit A will be amended to include food waste
collection with rates and fees listed in Exhibit C.
Additional Services
Special pickups of large, hard to handle or bulky items may be requested for an additional fee as listed in
Exhibit C. Estimates can be provided. These bulky items will be collected in non -compaction vehicles for
greater re -use and recycling. Extra material can be collected for a fee as listed in Exhibit C in cans or bags
not greater than 32 gallons when placed next to the regular container on collection day.
ATTACHMENT 3
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MULTI -FAMILY
Garbage:
MSS provides semi -automated tipper carts in 32, 64, and 96 -gallon capacities for collection at the curb or
designated collection location. Minimum service for all multi -family units is 32 gallons per unit, or the
equivalent bin service. On-site collection for cans not at the curb is available for an extra charge. Company
will also provide bins from 2-, 3-, 4-, 5-, 6 -yard capacities for large volumes of material. Service levels range
from one time per week to six times per week. Customers may set out additional containers or bags not to
exceed 32 gallons in size for a fee as listed in Exhibit C. Company retains approval of service locations for
bins. Company also services customer owned compactor units for the fees as listed in Exhibit C. For safety
and equipment purposes company retains right of approval as to compactor type and service location.
Apartments or multi -family complexes of fewer than 10 units may be eligible to waive the 32 gallon per unit
minimum for 20 -gallon minimum service at the discretion of MSS based on history of material collected at
that location. Complexes must have in place and make use of all available recycling services to be
considered eligible for the waiver.
Recycling:
Company provides unlimited multi -family recycling collection for bottles, cans, beverage containers, all
plastic items marked # 1-7, newsprint, office paper, and fiber or cardboard. Cardboard or fiber not able to
fit in containers may be placed alongside for collection. Company provides semi -automated tipper carts in
32 and 64 -gallon capacity for collection from one time per week to six times per week. Recycling services
must be offered to all multi -family customers.
Recyclable material placed in company containers or at the curb for collection is the property of MSS.
Company will provide services to comply with the City's Commercial Recycling Ordinance.
Organics, Yard waste, Food waste:
Company is working with franchising agencies to develop and implement a commercial food waste
collection program. Upon approval of the program, the Company will perform a waste audit of all
commercial customers for evaluation and inclusion into the food waste collection program, and inform
customers of all options to participate. This section of Exhibit A will be amended to include food waste
collection with rates and fees listed in Exhibit C.
Additional Services
Special pickups of large, hard to handle or bulky items may be requested for an additional fee as listed in
Exhibit C. Estimates can be provided. These bulky items will be collected in non -compaction vehicles for
greater re -use and recycling. Extra material can be collected for a fee as listed in Exhibit C in cans or bags
not greater than 32 gallons when placed next to the regular container on collection day.
ATTACHMENT 3
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MUNICIPAL SERVICES
Garbage:
Company will provide coIlection.services up to six times per week for all City owned containers located in
public areas of the City at a service level determined by the City. City owns and maintains all containers
located in public areas and parks. Company shall provide semi -automated tipper carts in 32, 64 -gallon
sizes, or bins from 2, 3-, 4-, 5-, 6-, 10-, or 18 -yard capacities for large volumes of material upon request for
service at City owned facilities. City will provide Company with locations of all City owned containers.
Recycling:
Company shall provide unlimited commercial recycling collection for bottles, cans, beverage containers, all
plastic items marked # 1-7, newsprint, office paper, and fiber or cardboard. Company provides semi -
automated tipper carts in 32 and 64 -gallon capacity for collection from one time per week to six times per
week. Company can provide 2- and 3 -yard rear loading bins for cardboard collection with the Company's
approval of the location. Pick ups can be scheduled from one time per week to six times per week.
Company is to perform waste audit at least one time per year for each commercial account, or upon
request to determine composition and characterization of waste to offer recommendations regarding
recycling services. Recycling services must be offered to all municipal customers.
Company will provide services to comply with the City's Commercial Recycling Ordinance.
Organics. Yard waste, Food waste:
The Company is working with franchising agencies to develop and implement a commercial food waste
collection program. Upon approval of the program, the Company will perform a waste audit of all
commercial customers, including the City of San Rafael, for evaluation and inclusion into the food waste
collection program, and inform customers of all options to participate. This section of Exhibit A will be
amended to include food waste collection with rates and fees listed in Exhibit C.
Additional Services
Special pickups of large, hard to handle or bulky items may be requested for an additional fee as listed in
Exhibit C. Estimates can be provided. These bulky items will be collected in non -compaction vehicles for
greater re -use and recycling. Extra material can be collected for a fee as listed in Exhibit C in cans or bags
not greater than 32 gallons when placed next to the regular container on collection day.
ATTACHMENT 3
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