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28. 4 Notice of Appeal to Referee. Except as otherwise provided in this Agreement, Contractormay appeal any decision, order or action by the City Councilor City Manager under this Section 28, as provided in Section 29, below, by filing a Notice of Appeal to Refereewith the City Clerk within ten businessdays of receiptof the decisionby the City Manager or City Council and following the procedures set forth in Section 29, below. In the case of a rate adjustment request made pursuant to Section 21, but not approved by the City, Contractor's sole remedy shall be as specified in Section 21.
28. 5 Reservation of Rights by City. City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following:
28.5.1 If Contractor practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotiations which preceded the execution of this Agreement provided that City has provided Contractor with written notice of the alleged fraud or deceit and afforded Contractor a reasonable opportunity to refute and defend itself against such charge or claim;
28. 5. 2 If Contractor is convicted of, or pleads guilty, no contest, or nolo contender to a felony related to this Agreement.
28. 5. 3 As used in this Section, the term " Contractor" shall mean only the following: ( a) the owner( s) of Contractor ( whether shareholders, partners, or otherwise), ( b) the members of Contractor' s Board of Directors; and ( c) Contractor' s President, Chief Executive Officer, Chief Financial Officer, Chief Operations Officer, and/ or the Secretary.
28. 6 Cumulative Rights. City's rights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement.
Section 29. Referral to Referee; Hearing Procedures
Either party to this Agreement at any time after exhaustion of administrative remedies, and followingthe appeal procedureset forth in Section28, if applicable, may refer a disputed matter for resolution under this Section 29 in the following manner.
29. 1 Applicability. If either the City Manager or the City Council refers a matter to a referee, or Contractor appeals or refers a matter to a referee, the provisions of this
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Section shall apply in order to obtain prompt and expeditious resolution of any and all disputes arising out of this Agreement.
29. 2 Reference of Dispute. Any dispute seeking damages and any dispute seeking equitable relief, such as but not limited to specific enforcement of any provision hereof, shall be heard and determined by a referee pursuant to California Code of Civil Procedure §§ 638- 645. 1. The venue of any proceeding hereunder shall be in San Bernardino County, California.
29. 2. 1 Procedure for Appointment. The party seeking to resolve the dispute shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen business days after the date of service, the parties shall apply to the Judicial Arbitration and Mediation Service (" JAMS") of San Bernardino County to nominate a minimum of five prospective referees. If the parties are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with City, shall alternate in striking one prospective referee at a time until only one referee remains.
29. 2. 2 Ex Parte Communications Prohibited. Neither party may communicate separately with the referee after the referee has been selected. All subsequent communications between a party and a referee shall be delivered simultaneously to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance or to confidential mediation or settlement briefs that the parties have agreed to submit to the referee.
29. 2. 3 Cooperation. The parties shall cooperate diligently with one another and the referee and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute. If either party refuses to cooperate diligently, and the other party, after first giving notice of its intent to rely on the provisions of this Section 29, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, or incurs expenses or attorney' s fees and costs as a result of the other party' s violation of Code of Civil Procedure 128.5, the referee may award such additional expenses and attorneys' fee to the party giving such notice, even if such party is not the prevailing party in the dispute.
29.2.4 Discovery. The referee shall set a discovery schedule and shall schedule the matter for hearing within 60 days of filing, unless City and Contractor agree otherwise, or unless the referee shall determine otherwise. Any party to the hearingmay issue a requestto compelreasonabledocumentproductionfrom the
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29. 2. 5 Standards for Decision. The provisions of California Code of Civil Procedure, §§ 640, 641, 642, 643, 644 and 645 shall be applicable to dispute resolution by a referee hereunder. In an effort to clarify and amplify the provisions of California Code of Civil Procedure, §§ 644 and 645, the parties agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631. 8 and 632, and California Rules of Court, Rule 232. The referee shall try and decide the dispute according to all of the substantive and procedural law of the state of California, unless the parties stipulate to the contrary.
29. 2. 6 Evidence and Findings. The referee shall consider the administrative record, includingthe Notice of Deficiencies, Contractor's responseto the Notice of Deficiencies, the decision of the City Representative, the Notice of Appeal, the decision of the City Manager, the Notice of Appeal to the City Council, and the decision of the City Council, in addition to other relevant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of fact and conclusions of law, to counsel for the Parties, for comment.
When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based on said decision.
29. 2.7 Remedial Authority. A referee to whom a matter is referred shall have the authority to (i) order either party to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; ( ii) assess damages and/or levy a penalty consistent with the terms of this Agreement or( iii) find there has been no breach.
29. 2. 8 Stay Pending Entry of Final Judgment. Except as provided in Section
26. 3 with respect to draws on a Performance Bond, until final judgment is entered from the referee proceeding under the foregoing provisions and the time for appeal or other post judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in this Agreement and related
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29. 2. 9 Allocation of Referee' s Costs. The referee' s costs for the proceeding shall be apportioned by the referee. The costs of the proceeding shall be borne equally by the parties to the dispute initially, but the prevailing party in such proceeding shall be entitled to recover reasonable costs of the referee as apportioned by the referee. If either party refuses to pay its share of the costs of the proceeding, at the time(s) required, the other party may do so, in which event that partywill be entitled to recover(or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The referee shall include such costs in the judgment or award.
29. 3 Decision. The decision of the referee may be excepted to in accordance with Code of Civil Procedure § 645.
Section 30. City' s Additional Remedies
In addition to the remedies set forth above. City shall have the following rights:
30. 1 Contracts with Others. The right to contract with others to perform the services otherwise to be performed by Contractor, in the event Contractor should be in material breach of its duties to provide those services, or is otherwise unable to provide the services addressed by this Agreement.
30. 2 Damages and/ or Injunctive Relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Contractor, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach.
30. 3 City' s Damages for Failure to Achieve Diversion Requirements. Contractor agrees that its failure to achieve the diversion requirements set forth in Section 5, arising from failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or its breach of the requirements of Section
5. 1. 1 related to waste diversion, shall be a material breach of this Agreement. If CalRecycle, or its successor agency, were to impose administrative civil penalties against City, then the City's damagesfor Contractor's material breach in its failure to achieve the diversion goals for the City as required by this Agreement, shall include, but not be limited to such administrative civil penalties, attorneys' costs and fees and City's staff time devoted to the resolution of the administrative civil penalties against City.
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30. 4 Liquidated Damages. The parties further acknowledge that consistent and reliable collection service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in awarding the Agreement to it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City, and City's residentsand businesseswill suffer damagesand that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages. Therefore, in addition to City's right to treat such non-performance as a breach of this Agreement, the parties agree that the liquidated damages amount defined in this Section may represent reasonable estimates of the amount of such damages consideringall of the circumstancesexisting on the effective date of this Agreement, includingthe relationshipof the sums to the range of harm to City, customersand the community as a whole that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made.
30. 5 Procedure for Review of Liquidated Damages. If the City elects not to terminate this Agreement for breach, the City Representative may assess liquidated damages pursuant to this Section on a monthly basis. At the end of each month during the term of this Agreement, the City Representative shall issue a written notice to Contractor (" Notice of Assessment") of the liquidated damages assessed and the basis for each assessment.
30. 5. 1 The assessment shall become final unless, within ten ( 10) calendar days of the date of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made.
30.5.2 The City Representative shall schedule a meeting between Contractor and the City Manager or the Manager' s designee as soon as reasonably possible after timely receipt of Contractor's request.
30.5.3 The City Manager or the Manager's designee shall review Contractor's evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to Contractor.
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30.5.4 In the event Contractor does not submit a written request for a meeting within ten ( 10) calendar days of the date of the Notice of Assessment, the City Representative' s determination shall be final and Contractor shall submit paymentto City no laterthan that tenth (10th) day
30.5.5 City's assessmentor collectionof liquidateddamagesshall not prevent City from exercisingany other right or remedy, includingthe right to terminate this Agreement, for Contractor' s failure to perform the work and services in the manner set forth in this Agreement.
Contractoragreesto pay(as liquidateddamagesand notas penalty)thefollowingamounts:
LIQUIDATED DAMAGES
Item Amount
a. Failure or neglect to address each complaint by the $ 100 per incident per close of the next working day. Service Recipient.
b. Failure to address concerns regarding maintaining the $ 100 per incident per collection equipment in a clean, and sanitary manner. day.
C. Failure to have a vehicle operator properly licensed. $ 100 per incident per day.
d. Failure to maintain office hours as required by this $ 100 per incident per Agreement. day.
e. Failure to maintain or timely submit to City all $ 100 per incident per documents and reports required under the provisions day. of this Agreement.
f. Failure to display Contractor' s name and customer $ 100 per incident per service phone number on collection vehicles. day.
g. Failure to collect a missed collection by close of the $ 100 per incident per next work day upon notice to Contractor. day.
h. Failure to repair or replace damaged Carts or Bins $ 100 per incident per within the time required by this Agreement. day.
i. Failure to deliver or exchange Carts or Bins within the $ 100 per incident per time required by this Agreement. day.
j. Failure to meet vehicle noise requirements. 100 per incident per day.
k. Failure to maintain collection hours as required by this $ 250 per incident per Agreement without prior City approval. day.
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LIQUIDATED DAMAGES
Item Amount
I. Failure to offer and provide adequate facility $ 250 per incident per processing capacity of Recyclable Materials and day.
Organic Waste.
m. Failure to have field personnel in company/ contractor $ 250 per incident per uniform. day.
n. Failure to repair damage to customer property caused $ 500 per incident per by Contractor or its personnel. location.
o. Failure to repair damage to City property caused by $ 500 per incident.
Contractor or its personnel.
p. Failure to clean up spillage or litter caused by $ 500 per incident per Contractor. location.
q. Failure to properly cover materials in roll- off containers $ 500 per incident. during transport.
r. Changing residential collection days without proper $ 500 per incident per notification to the City Representative. day.
r. Commingling Solid Waste with Recyclable Materials, $ 500 per incident. with the exception of contaminated recyclables
S. Disposal of Recyclable Materials or Organic Waste in $ 500 per load. the landfill without first obtaining the required
permission of the City.
t. Failure to deliver any collected materials to a non- $ 5, 000 each failure. permitted Disposal Facility, Materials Recovery
Facility, or Organic Waste Processing Facility, as
appropriate, except as otherwise expressly provided in
this Agreement.
U. Commingling of materials collected inside and outside $ 1, 000 per incident. the City of San Bernardino.
V. Failure to meet and maintain minimum annual $ 50 per ton for each Diversion Guarantee for two consecutive years. ton under the minimum requirements.
W. Failure to remove graffiti as specified in Section 6. 10. $ 100 per Container per day.
X. Failure to sweep a street after notification by City that $ 500 per block or lot. street had not been swept in accordance with
established schedule or sweeping did not meet
generally accepted industry standardsfor sweeping.
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Section 31. Billing Audit and Performance Reviews
31. 1 Selection and Cost. The City may conduct billing audit and performance reviews reviews") of the Contractor's performanceduring the term of this Agreement, but not more often than one every 3 calendaryears. The reviews, if performed, will be by a qualified firm under contract to the City. The City shall have the final responsibilityfor the selection of the firm but shall seek and accept comments and recommendations from the Contractor. The Contractor shall be responsible for the cost of one ( 1) review up to a maximum of Seventy Thousand Dollars ($ 70, 000. 00), with the exception of reviews required in accordance with Section 31.3, the cost for additional Billing Audits and Performance Reviews will be the responsibility of the City.
31. 1. 1 Purpose. The review shall be designed to verify that customer billing rates have been properly calculated and they correspond to the level of service received by the customer, verify that Franchise Fees, and other fees required under this Agreement have been properly calculated and paid to the City, verify Contractor' s compliance with the reporting requirements and performance standards of the Collection Service Agreement, and verify the diversion percentagesreported by the Contractor. The City (or its designated consultant) may utilize a variety of methods in the execution of the performance review and billing audit, including analysis of relevant documents, on- site and field observations, and interviews. The City ( or its designated consultant) will review and document the items in the Agreement that require the Contractor to meet specific performance standards, submit information or reports, perform additional services, or document operating procedures, that can be objectively evaluated.
This information will be formatted in a " compliance checklist" with supporting documentation and findings tracked for each of the identified items. The review will specificallyinclude a determinationof the Contractor's compliancewith the diversion requirements of Section 5 and Exhibit 7, and the public outreach and education requirements of Section 14 and Exhibit 6. The City ( or its designated consultant) may reviewthe customerservicefunctionsand structure utilized by the Contractor. This may include the Contractor's protocol for addressing customer complaints and service interruption procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and addressing complaints. On- site and field observations by the City ( or its designated consultant) may include, but are not necessarily limited to:
a) Interviews and discussions with Contractor' s administration and management personnel;
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C) Review of public education and outreach materials; d) Interviews and discussions with Contractor' s financial and accounting personnel;
e) Interviews with route dispatchers, field supervisors and managers; f) Interviews with route drivers;
g) Interviews with vehicle maintenance staff and observation of maintenance practices; and
h) Review of on- route collection services, including observation of driver performance and collection productivity and visual inspection of residential routes before and after collection to evaluate cart placement and cleanliness of streets
31. 2 Contractor' s Cooperation. Contractor shall cooperate fully with the review and provide all requested data, including operational data, financial data and other data requestedbythe Citywithinthirty (30)WorkDays. Failureof theContractorto cooperate or provide the requested documents in the required time shall be considered an event of default.
31. 3 Additional Contractor Paid Billinq Audit and Performance Review. In the event that the BillingAudit and PerformanceReviewconcludesthat Contractoris not in compliance with all terms and conditions of this Agreement and such non-compliance is material, the City may conductan AdditionalBillingAudit and PerformanceReviewto ensure that Contractor has cured any such area of non- compliance. Contractor shall be responsiblefor the costof anysuchAdditionalBillingAuditand PerformanceReview.
31. 4 City Requested Program Review. The City reserves the right to require the Contractorto periodically conduct reviews of the SFD and MFD and Commercial collection programs to assess one or more of the following performance indicators:
average volume of recyclable materials per setout per customer, average volume of organics per setout per customer, participation level, contamination levels, etc. Prior to the program evaluation review, City and Contractor shall meet and discuss the purpose of the review and agree on the method, scope, and date to be provided by the Contractor.
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31. 5 Cooperation with Other Program Reviews. If the City wants to collect program data, perform field work, conduct route audits to investigate customer participation levels and setout volumes and/or evaluate and monitor program results related to Solid Waste Recyclable Materials and Organic Waste collected in the City by the Contractor, the Contractor shall cooperate with the City or its agent( s). Contractor shall also cooperate with anywastegenerationstudiesconductedby the Cityor its agent(s).
Section 32. Franchise Transfer; City Consent; Fees
32. 1 Contractor may not convey, assign, sublet, license, hypothecate, encumber of otherwise transfer or dispose of ( collectively " Transfer'), this Agreement, the Franchise granted under it or any rights or duties under it, in whole or in part, whethervoluntarilyor involuntarily, withoutthe City's priorwrittenconsentas expressedbywrittenresolutionof the City Council. Any dissolution, merger, consolidation, or other reorganization of Contractor, except as provided in Section 32.3, below, any sale or other transfer or change in ownership or control of any of the capital stock or other capital or equity interests, or any sale or transfer of fifty percent ( 50%) or more of the value of the assets shall be deemed a Transfer of this Agreement, the Franchise granted under it or any rights or duties under it. Any Transfer or attempted Transfer of this Agreement, the Franchisegranted under it or any rights or duties under it made without the City's consent will be a material breach of this Agreement and, at the City's option, may be voided.
32. 2 TheCitywillnotunreasonablywithholditsconsentto a Transferof the Franchise granted by this Agreement. The prospective transferee shall have the burden of demonstratingthat it has the financial and technical ability to provide the services required under this Agreement. The City may also require the prospective transferee to demonstrate that it, and its officers and managers do not have criminal records for environmental or public integrity offenses. If the City gives its consent, it may impose conditions, including, without limitation, requiring acceptance of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee must demonstrateto the City's satisfactionthat it has the operationaland financial ability to perform the terms of this Agreement.
32. 3 Contractor' s internal reorganization shall not constitute a Transfer provided that City consent to the reorganizationis sought and received prior to any internal reorganization. An internal reorganization includes any change in control of any of the votingstockthroughits conveyanceto anaffiliateof Contractor, or byoperationof law.
Any requestfor an internalreorganizationmustbe submittedin writingto the City Manager, no lessthan one hundredand twentydays priorto the proposedeffectivedate of the internal reorganization. Contractor shall reimburse City for all of its costs to review
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Anyattemptto implementaninternalreorganizationwithouttheconsentof Cityshall constitute a material breach of this Agreement.
32. 4 Fees. Any applicationfor a FranchiseTransfershall be madein a manner prescribedbytheCityManager. Theapplicationshallincludea depositofFiveHundred Thousand Dollars ($ 500, 000) to cover the estimated cost of all direct and indirect expenses, including City staff, consultants' and attorneys' fees, incurred by City to adequatelyanalyzethe applicationandthe qualificationsof the prospectivetransferee.
Any costs incurred by the City in excess of $ 500, 000 shall be reimbursed by the Contractor prior to submission of the proposed transfer to the City Council. In the event that the City's costs are less than $500,000, City shall retain any unusedmonies.
Section 33. General Provisions
33. 1 Force Majeure. Contractor shall not be in breach of this Agreement in the event that the collection, transportation and/or disposal services of Contractor are interrupted temporarily or permanently for any of the following reasons: riots; war or national emergencydeclaredby the Presidentor Congressand affectingthe City of San Bernardino; acts of terrorists, sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the reasonable control of Contractor "Other catastrophic events" does not includethe financial inabilityof Contractorto performor failure of Contractorto obtainanynecessarypermitsor licensesfromothergovernmentalagenciesor theright to usethefacilitiesof anypublicagencywheresuchfailureoccursdespitethe exercise of reasonablediligenceby ContractorIn the event a labor disturbanceinterrupts collection and transportation of Solid Waste and/or disposal of Solid Waste by Contractor as required under this Agreement, City may elect to exercise its rights under Section 28 and Section 30 of this Agreement. Failure by City to exercise its rights under this Section shall not be deemed a waiver of its rights under Section 28.5
33. 2 Extraordinary Circumstances. Notwithstanding any other term or provision hereof, nothingin this Agreementis intended, nor shall it be interpreted, to preventor preclude Contractor from contacting City' s officials, officers and representatives to request an amendment to, or other modification of, this Agreement due to the occurrence of an event or circumstance that substantially increases Contractor's cost of service, or otherwise substantially and negatively impacts Contractor's provision of services, under this Agreement.
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33. 3 Independent Status. Contractor is an independent entity and not an officer, agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any.
Nothingin this Agreementshall be construedas creatinga partnershipor joint venture betweenCityandContractornoranarrangementfor thedisposalof HazardousWastes.
Neither Contractor nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits, which accrue, to City employees.
33. 4 Pavement Damage. In the event where damage to City streets is caused by Contractor' s equipment, Contractor shall be responsible for all repairs to return the street to the same condition prior to the street damage. Repairs shall be performed in a manner satisfactory to the City Representative and at no cost to the City. Disputes between Contractor and its Service Recipients as to damage to private pavement are civil matters and complaints of damage will be referred to Contractor as matters within its sole responsibilityand as a matter within the scope of this Agreement.
33. 5 Property Damage. Any physicaldamage caused by the negligent or willful acts or omissions of employees of Contractor to City or private property shall be repaired or replacedby Contractor, at Contractor's soleexpense. Exceptas providedin Section25 above, this Agreement does not purport to relieve, diminish, reduce, create or increase in any way, Contractor' s civil liability to any third parties.
33. 6 Law to Govern; Venue. The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws. In the event of litigation between the parties, venue in state trial courts shall lie exclusivelyin the Countyof San Bernardino. In the eventof litigationin a U.S. District Court exclusive venue shall lie in the Central District of California.
33. 7 Fees and Gratuities. Contractor shall not permit any officer, agent or employee to request, solicit, or demand, either directlyor indirectly, any gratuityfor the collectionof Solid Waste, Recyclable Materials, or Organic Waste otherwise required to be collected under this Agreement.
33. 8 Amendments. Except as otherwise provided in this Agreement, no other amendment of this Agreement shall be valid unless in writing duly executed by the parties, approved by the City Council by written resolution. Purported oral amendments shall be void and of no force or effect.
33. 9 Notices. All notices required or permitted to be given under this Agreement shall be in writingand shall be personallydeliveredor sent by UnitedStatescertifiedmail, postage prepaid, return receipt requested, and by email, addressed as follows:
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To City: City Manager
City of San Bernardino
300 N. " D" Street, 6th Floor
San Bernardino, CA 92418
Copy to: City Attorney
City of San Bernardino
300 N. " D" Street, 6th Floor
San Bernardino, CA 92418
And to: Director of Public Works
City of San Bernardino
300 N. " D" Street, 5th Floor
San Bernardino, CA 92418
To Contractor: Cole Burr, President
Burrtec Waste Industries, Inc.
9890 Cherry Ave
Fontana, CA 92335
or to such otheraddressas either party mayfrom time to time designateby noticeto the other given in accordance with this Section. Notice shall be deemed effective on the date personallyservedor sentbyemail, or, if mailed, three (3) businessdaysfromthedate such notice is deposited in the United States mail.
33.10 Savings Clause and Entirety. If any non-material provision of this Agreement for any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.
33. 11 Construction. The language in all part of this Agreement shall be in all cases construedsimplyaccordingto thefair meaningthereofand notstrictlyfor or againstany of the Parties hereto.
33.12 Pubic Records. All information received by City concerning this Agreement, includingtheAgreementitself, maybetreatedas publicinformationsubjectto disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seq. ( the " Public Records Act'). The Parties understand that although all materials received in connection with this Agreement are intended for the exclusive use oftheParties, theyarepotentiallysubjecttodisclosureundertheprovisionsofthePublic Records Act at the sole discretion of the City.
33.13 Transition to Next Solid Waste Enterprise. If in the final 12 months of the periodduringwhich Contractoris to providecollectionservicesunder this Agreement, Contractorand City have not entered into a succeedingagreement, Contractorshall
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IN WITNESSWHEREOF, the parties have executed this Agreement as of the date first above written.
CITY OF SAN BERNARDINO
a Califor ' a Charter City and Municipal Corporation
Jarr d Burguan
Interim City Manager
ATTEST-
Georgean ' Gigi" Hann
City Clerk
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By.
CONTRACTO
BURRTEC ST N TRIES, INC.
By:
Cole Burr
President
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Exhibit 1
Maximum Permitted Service Rates
April 1, 2016- June 30, 2017
SFD/ MFD/ Commercial Cart Service Level/ Frequency Monthly Services Rate
1 - 64 or 96 gallon Solid Waste Cart
Single or Multi- Family Dwelling 1 - 96 gallon Organic Waste Cart 22. 84 1 - 96 gallon Recyclable Materials Cart
1 - 64 or 96 gallon Solid Waste Cart
Mobile Home 15. 24
1 - 96 gallon Recyclable Materials Cart
1 - 64 or 96 gallon Solid Waste Cart
Commercial Unit 22. 84
1 - 96 gallon Recyclable Materials Cart
Each Additional Solid Waste Cart 64- 96 gallon carts 12. 96 Each Additional Extra Organic 96 gallon cart 11. 35
Waste Cart ( residential only)
Additional Recyclable Materials 96 gallon cart 0. 00
Cart ( residential only)
Solid Waste
Collection Frequency/ Monthly RateBin Services
Bin Size 1/ week 2/ week 3/ week 4/ week 5/ week 6/ week Extra
Pickup
1- 2 CY $ 112. 10 $ 205. 31 $ 304. 44 $ 401. 20 $ 495. 60 $ 661. 98 $ 25. 28 3 CY $ 119. 18 $ 225. 56 $ 335. 11 $ 440. 14 $ 547. 51 $ 840. 16 $ 27. 50 4 CY $ 130. 98 $ 247. 80 $ 364. 61 $ 480. 26 $ 595. 90 $ 1, 036. 04 $ 30. 11 6 CY $ 189. 98 $ 362. 26 $ 535. 71 $ 713. 90 $ 876. 74 $ 1, 014. 94 $ 35. 68 Compactor Collection Frequency/ Monthly Rate
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Exhibit 1
Maximum Permitted Service Rates
April 1, 2016- June 30, 2017
Services
Compactor
Extra
Size
1/ week 2/ week 3/ week 4/ week 5/ week 6/ week
pickup
2 CY $ 130. 98 $ 245. 43 $ 361. 08 $ 476. 71 $ 591. 18 $ 786. 35 $ 27. 50 3- 4 CY $ 154. 58 $ 287. 91 $ 423. 61 $ 553. 41 $ 692. 65 $ 925. 11 $ 30. 11 Recycling Bin Collection Frequency/ Monthly RateServices Bin Size 1/ week 2/ week 3/ week 4/ week 5/ week 6/ week 2 - 6 CY Bin $ 41. 50 $ 83. 00 $ 124. 50 $ 166. 50 $ 208. 00 $ 249. 50 Green
Waste/ Organics Bin Collection Frequency/ Monthly Rate
Services
Extra
Bin Size 1/ week 2/ week 3/ week 4/ week 5/ week
pickup
1- 2 CY $ 107. 38 $ 198. 24 $ 291. 46 $ 384. 68 $ 476. 71 $ 25. 28 3 CY $ 114. 46 $ 215. 94 $ 316. 24 $ 416. 54 $ 515. 66 $ 27. 50 4 CY $ 125. 08 $ 232. 46 $ 341. 01 $ 450. 76 $ 558. 14 $ 30. 11 6 CY $ 143. 96 $ 267. 86 $ 394. 11 $ 505. 04 $ 641. 91 $ 35. 68 Roll- off Services Rate/ How Charged
Service/ Item Rate How Charged
10 - 40 CY Roll- off $ 335. 11 Rate Per Pull
Recycling Compactor $ 142. 00 Rate Per Pull
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City of SanBernardinoExclusiveFranchiseAgreementfor IntegratedSolidWaste Collection, Processing, and Disposal ServicesWith Burrtec WasteIndustries, Inc.
Exhibit 1
Maximum Permitted Service Rates
April 1, 2016— June 30, 2017
Water Reclamation Site $ 115. 00 Rate Per Pull
Rate Per Pull — plus 4 tons of applicable
Temporary Roll- off $ 335. 11 disposal
Rate Per Pull — plus 6 tons of applicable
Temporary Green Waste Roll- off $ 335. 11 disposal Rate Per Pull — plus 6 tons of applicable
Temporary C& D Roll- off $ 335. 11 disposal
Rate Per Pull — plus 6 tons of applicable
Temporary Inert Roll- off $ 335. 11 disposal
Per Occurrence ( in excess of 15
Standby- Roll Back $ 135. 70 minutes)
Dry Run/ Relocate 75. 00 Per Occurrence
Roll- off Wood ( Treated) $ 102. 88 Per Ton
Disposal Per Ton 49. 05 Per Ton
Green Waste Per Ton 48. 29 Per Ton
Wood Waste Per Ton 42. 50 Per Ton
Inerts ( Clean) $ 100. 00 Per Load
Dry Wall 40. 28 Per Ton
Carpet 50. 00 Per Ton
Overweight Penalty 12. 00 Per Ton
Miscellaneous Compactor Repairs 66. 91 Per Hour
Temporary Bin Services Rate/ How Charged
Item/ Service Rate How Charged
7- day Bin 69. 00 Each Occurrence
Extra Pick- up 7 Day 69. 00 Each Occurrence
7- day Bin Extension 69. 00 Each Occurrence
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Exhibit 1
Maximum Permitted Service Rates
April 1, 2016— June 30, 2017
Misc. Services Rate/ How Charged
Item/ Service Rate How Charged
Clean- Up Service 36. 23 Per each 15 minutes
Late Set Out ( Barrel) 28. 75 Per trip
On- Call Refuse Pickup ( non
45. 00 Each Occurrence 2 - 4 Cubic Yard
service day)
On- Call Recycling Pickup ( non
35. 00 Each Occurrence 2 — 3 Cubic Yard
service day
Cart Replacement 74. 75 Each Cart/ Each Occurrence
Lock 17. 70 Each Lock/ Each Occurrence
Bin Enclosure Cleaning 37. 16 Each Enclosure/ Each Occurrence Bin Roll Out Service 67. 26 Monthly
Bin Steam Cleaning 37. 16 Each Bin/ Each Occurrence
Rent 3 Yard Tilt Hopper 30. 00 Each Tilt Hopper/ Each Occurrence Compactor Cleaning $ 133. 34 Each Compactor/ Each Occurrence Recycling Contamination $ 59. 00 Each Bin
Late Fee 1. 5% Per month
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Exhibit 2
City Facilities
Location Address
Fire Department
Fire Station # 221 200 E. 3" St
Fire Station # 222 1201 W 91 St
Fire Station # 223 2121 Medical Center Dr
Fire Station # 224 2641 N E St
Fire Station # 225 1640 W Kendall Dr
Fire Station # 226 1920 N Del Rosa Ave
Fire Station # 227 282 W 40t St
Fire Station # 228 3398 E Highland Ave
Fire Station # 229 202 N Meridian Ave
Fire Station # 230 502 S Arrowhead Ave
Fire Station # 231 450 E. Vanderbilt Way
Fire Station # 232 6065 N Palm Ave
Fire Department Automotive Shop 120 D St
Police Department
Police Department 710 N D St
Police Pistol Ranch 1100 E Highland Ave
Animal Control 333 W Chandler PI
Parks Department
Park & Recreation 1494 E Art Townsend Dr
Parks Dept— T 234 S Mtn View Ave
CID, TT, Parks Dept 8088 N Palm Ln
Lytle Creek Park 300 S. K St
Meadowbrook Park 2 nd &
Mt View Ave
Perris Hill Park 1100 E Highland Ave
Rio Vista Park 1399 N California St
San RI Fields/ Nicolson Park 2 nd &
Meridian
Seccombe Park 5t F&
Belle
Hernandez Community Center 222 N Lugo Ave
Antil Garden Project 868 E 6t St
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Exhibit 2
City Facilities
Location Address
Meadow Nutrition Center 123 N Mtn View Ave
Ruben Campos 1717 W 5th
St
Senior Citizens Ser Center 600 W 5 thSt
Warner- Hodgedon Field 200 E 7th St
Al Guhin Park 3650 Little League Dr
Little League
Doty Field 40th &
Waterman Ave
Melton Field 300 E 40t St
Del Road Little League Park Marshal[/ Mountain Ave
Carl Karper Field # 39 3900 Severence Ave
Guiterrez Field 1291 W 14t St
Palm Field 790 E 6thSt
Porterfield Little League 226 E 7thSt
Blair Park 1466 W Marshall Blvd
Highland Fields North 1535 Arden Ave
Highland Fields South Pacific & Arden
Nicholson Community Center 2750 W 2ndSt
Guadalupe Field 8 th &
Western
Ann Shirrells Park 1367 N California St
Ballard Field 1700 W 5thSt
Mill Community Center 503 E Central Ave
Nunez Park 1717 W 5th St
Delman Heights Center 2969 N Flores St
Speicher Park 1535 Arden Ave
Wildwood Elks Field 500 E 40" St
Post 777 Little League Marshall/ Little Mtn
City Yard
Central Store/ Yards 181 S Pershing Ave
Electrical Shop- T 182 S Sierra Way
City Garage 182 S Sierra Way
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Exhibit 2
City Facilities
Location Address
Paint Shop- T 231 S Pershing Ave
Public Works Bldg 231 S Pershing Ave
Refuse Yard/ Warehouse- R 180 S. Sierra Ave
Library
Feldheym Central Library 555 W 6t St
Rowe Branch Library 108 E Marshall Blvd
Villasenor Branch Library 525 N Mt Vernon Blvd
Soccer
Blast Soccer Field 3500 W Little League Dr
Arrowhead Stadium 280 S E St
City Hall 300 N D St
Pioneer Cemetery 7" & Sierra Way
Miscellaneous
Norton Air Force Base Gym 1554 E Art Townsend Dr
Roosevelt Bowl 1001 E Highland Ave
Sturgis Auditorium 780 N E St
Homeless Access Center 247 E 71hSt
Urban Conservation Corp 378 E Orange Show Rd
OtherCityfacilities/buildings/locationsas maybe requestedby the City.
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Exhibit 3
Contractor' s Facilities
Primary Facilities:
San Bernardino Landfill System ( Contractor' s preferred disposal site) Burrtec East Valley Recycling & Transfer Facility
Riverside County Waste System
Salton City Landfill System
Backup Facilities:
Burrtec West Valley MRF
Robert A. Nelson MRF/Transfer Station ( Agua Mansa MRF) Other additional facilities upon written notice to the City
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Exhibit 4
City Sponsored Events
City Hall Food truck event held every Third Thursday.
Movie in the Park held in June/July held every Wednesday night.
San Bernardino Air and Car Show ( October).
Turkey Trot ( November).
Hoho Parade ( December).
Perris Hill Park Christmas in the Park ( December)).
Cafe Tuesdays.
Downtown Farm Share Market.
Rendezvous Route 66.
Dump Days (11 days per Agreement Year).
Secure Document Shred Event for City Residents ( dates, locations and times to be agreed to between City and Contractor).
Compost Give-Away Event (amount of compost to be delivered by Contractor, dates, locations and times to be agreed to between City and Contractor).
Neighborhood/ CommunityCouncil Clean-Up Events (dates, locations and times to be agreed to between City and Contractor).
Other City Sponsored Events as requested by the City.
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Exhibit 5
Transition Plan
SOLID WASTE COLLECTION SERVICES
1. EMPLOYMENT ACTIVITIES
Contractor proposes to initiate the recruitment process immediately following award of contract by the City Council.
1) Recruitment. Upon award of the contract, Contractor representatives will distribute an Employment Announcement to City employees who will be displaced by the outsourcingof SolidWasteCollectionServices, StreetSweepingServicesand Right- Of-Way Clean-Up Servicesto Contractor. The announcementwill detail pay and benefits and describe the employment process.
2) Hiringand Orientation. Followingthe awardof contractto Contractor, all eligibleCity employees will be offered employment upon successful completion of the following items:
a. Criminal and driving background check
b. Post offer physical exam
c. Drug screening
3) Job Fair. Contractor will host a job fair in San Bernardino for employees and their family. The job fair will provide additional information on Contractor, such as the employee manual, benefit information and give employees and opportunity to talk with management, supervisors and Contractor employees.
New hire orientation will be held 7- 10 days prior to the contract start date. 4) Start Date as Contractor Employees. On Service Commencement Date, the City' s former IWMD employees will report for work as employees of Contractor retaining their seniorityfrom their original dates of hire with the City.
2. TRANSITION ACTIVITIES
The transition period begins with the award of contract and ends thirty ( 30) days after services have been implemented.
1) Transition Planning. Within five ( 5) calendar days following contract award, Contractorwill meetwith the City Staffto discussthe ImplementationPlan. 2) Ongoing Transition Team Meetings. Contractor' s transition team liaison will meet with City Staff as neededto report on the progress, activities, and issues that may have surfaced and how the issues have or will be addressed.
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Exhibit 5
Transition Plan
3) After-Action Meeting. At the conclusion of the transition period, City and Contractor will meet to review the success of the transition as well as plans to address any unresolved matters.
3. OUTREACH ACTIVITIES
Contractorcurrentlyoperates a local office within the City at 5455 IndustrialParkway, 909- 889- 1969, which shall be utilized in the interim for customer service activities. 1) Contractor Website. The Contractor website ( www. burrtec. com) will be updated to provide customers with information about Contractor services, programs and events. 2) Community Meeting. In the month prior to the Service Commencement Date, Contractor will conduct community meetings for purposes of outlining services and answering questions from residents and businesses.
3) Residential Service Brochure. Prior to the Service Commencement Date, Contractor will distribute a service brochure to each residential dwelling receiving individual collection to introduce them to services and promote recycling and organic material diversion.
4) Chamber of Commerce Presentations. In the month prior to the Service Commencement Date, Contractor will contact a local Chamber of Commerce to schedule a presentation on the transition and commercial services offered. 5) Media Advertising. One ( 1) week prior to the Service Commencement Date, Contractor will publish a print media advertisement to alert the community to the upcoming transition in service providers.
4. CUSTOMER SERVICE ACTIVITIES
Duringthe transition, Contractorwill utilize its existing, in-City facility locatedat 5455 Industrial Parkway, San Bernardino, 909-889-1969, [email protected] as its local customer service office.
1) CSR Orientation/ Training. Following the award of contract, all Contractor personnel having direct contact with the public will participate in an orientation session to familiarize them with the transition process and services offered in San Bernardino.
This trainingwill ensure that all Contractorcustomerservice personnelare familiar with the upcomingservices the companywill render and can respondintelligentlyto any inquiry received.
2) Account Information. Contractor will identify all customers and the services rendered to each.
a. City Record Upload. Within ten ( 10) working days of executing the agreement, Citywill provideandContractorwilluploadCity's CustomerManagementRecord
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Exhibit 5
Transition Plan
with the name, service address, billing address, subscribed services, including but not limited to, container size, pick up frequency, and account history. b. Create Contractor CMR. Following the upload of the City' s Customer Management Record, Contractor will create a Contractor Customer Management Record and perform a desktop audit of the records.
c. Field Verification. Contractor will visit each Commercial customer service location to verify the presence of containers, inspect container locations including enclosures and note the presence of containers for Recyclable Materials and Organic Materials collection services.
5. OPERATIONAL ACTIVITIES
Operational activities are to include all services dealing with collection operations. 1) Collection Vehicles
a. Evaluation. Contractor will evaluate City-owned collection vehicle for immediate use and long-term use in the City.
b. Vehicle Signage. Contractor will rebrand each vehicle acquired from the City. 2) Containers.
a. Residential Carts.
i. Labeling. Within the first four ( 4) weeks following the Service Commencement Date, Contractor personnel will re-brand every BLACK, BLUE and GREEN cart in service by affixing a Contractoridentificationsticker, with Contractor's name, website address and telephone number, so as to cover the City' s identification. Additionally, stickers displaying acceptable materials will also be affixed to the lid of each BLUE and GREEN cart.
ii. Replacement. Any cart found to be in disrepair will be replaced with a cart employing the same BLACK-BLUE-GREEN color scheme.
b. Commercial Bins.
i. Labeling. Within the first four( 4) weeks following the Service Commencement Date, Contractor personnel will label every bin in service by affixing a Contractor identification sticker, with Contractor' s name, website address and telephone number, so as to cover the City' s identification. Additionally, stickers displaying acceptable materials will also be affixed to front of bins used for collecting Recyclable Materials and Organic Materials. ii. Short-Term Replacement Program. Any bin found to be in disrepair, will be repaired in the field or replaced with a clean and freshly rehabilitated bin. c. Roll- off Boxes and Compactors.
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Exhibit 5
Transition Plan
i. Re- Branding. Within the first four ( 4) weeks following the Service Commencement Date, Contractor personnel will re-brand every roll-off box by painting and stenciling, and compactors by affixing a Contractor identification sticker, with Contractor' s name and telephone number, so as to cover the City's identification. Additionally, stickers displaying acceptable materials will also be affixed to front of compactors used for exclusively collecting Recyclable Materials and Organic Materials.
ii. Refurbishing. Any roll-off box or Contractor-owned compactorfound to be in disrepair will be repaired or replaced with a clean and freshly rehabilitated replacement unit.
3) Routing.
i. City Route Lists & Maps. Within ten ( 10) days of executing the agreement, City IWMDwill provideContractorwith its completeroute lists and route map.
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Exhibit 6
Public Education & Outreach Plan
1. PRE- STARTUP PROGRAMS
Thefollowingpubliceducationandoutreachactivitieswillbeperformedpriortothe Service Commencement Date.
1) ContractorWebsite. TheContractorwebsite (www.burrtec.com) will be updatedto provide customerswith informationabout Contractor services, programsand events. 2) Chamberof Commerce. Inthemonthpriorto theServiceCommencementDate,Contractorwill contact a local Chamberof Commerceto schedulea presentationon the transition and commercial services offered.
3) City Council Update( s). At the City's request, Contractorwill provideperiodicservice updates to the City Council.
4) Community Meeting. In the month prior to the Service CommencementDate, Contractorwill conductcommunitymeetingsfor purposesof outliningservicesand answeringquestionsfromresidentsandbusinesses.
5) Media Advertising. One ( 1) week prior to the Service Commencement Date, Contractorwill publisha printmediaadvertisementto alertthe communityto the upcoming service transition.
6) Residential Brochure. Prior to the Service Commencement Date, Contractor will distributea brochureto eachresidentialdwellingreceivingindividualcollectionto introduce residents to the services and to promote recycling and organic material recycling.
2. POST- STARTUP PROGRAMS
Thefollowingpubliceducationandoutreachactivitieswillbeperformedfollowingthe Service Commencement Date.
1) AcceptableMaterialsLabels. CommencingwiththeServiceCommencementDate, as a part of the containerrebrandingprocedure, labelsdescribingthe materials acceptedforrecyclingwillbeaffixedto everycontainer (cartsandbins) usedfor collectingRecyclableMaterialsandOrganicMaterials.
3. ONGOING PROGRAMS
Thefollowingpubliceducationandoutreachactivitieswillbeperformedonanongoing basis throughout the term of the contract.
1) Community Events. Contractor will provide the personnel, equipment, collection services, promotionalitems, and cardboardtrashand recyclingboxes, at no charge, ina continuingefforttosupportCityprogramsandeventsandtopromoterecycling_
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Exhibit 6
Public Education & Outreach Plan
awarenessto the public. Communityevents includethose as listed in Exhibit 4. 2) City' s Program and Grant Funding. Public education and outreach activities which focus on beverage container recycling, used motor oil recycling, household hazardous waste disposal and waste tire collection, and are centered around such events as residential community clean-up days, Earth Day events, Public Works Week and the Orange Show Festival.
3) School Outreach. School programs will be contingent on subscribing to City services. 4) Customer Feedback. Information regarding disposal and diversion efforts will be used to give feedback to residential neighborhood organizations and commercial customers about rates of participation, contamination, waste generation and diversion.
5) Product Stewardship. Contractor will encourage residents to donate or exchange reusable items to local thrift stores and/ or second hand establishments rather than discarding them.
6) Residential Newsletters. Newsletters will be mailed to residents four times per Agreement Year. The newsletters will remind residents what is accepted for recycling, advise them of holiday schedules, bulky waste pickup, waste and recycling events, communityevents, and special waste handlingtopics like sharps, used motor oil and electronic waste.
7) Key Accounts. As a part of Mandatory Commercial Recycling ( AB 341) and MandatoryCommercialOrganicsRecycling (AB 1826) programs, Contractorstaffwill identify key accounts such as property managers, multi-family site managers, and major commercial and industrial properties and develop outreach efforts designed to engage greater participation in these State- mandated programs. 8) Other Education & Outreach Efforts. Throughout the term of the contract, Contractor staff will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets.
4. SCHEDULE & QUANTITY OF MATERIAL
1) Brochures. Contractor will distribute brochures describing services, proper use of carts, and acceptable materials to all residential cart before the Service Commencement Date. Brochures will also be distributed to new customers when a change in occupancy is noted.
2) Newsletters. Contractor will distribute newsletters to Residential customers four times per Agreement Year. Commercial newsletters will be distributed to coincide with special program notices such as AB 341 and AB 1826 on a semi- annual basis.
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Exhibit 7
Diversion Plan
This DiversionPlandescribesContractor's the strategicapproachto increasethe City's overall diversion rate.
RESIDENTIAL SECTOR
Current residential programs will be augmented by:
1) Brochures/ Newsletters. Re-energizingthe programsby re-introducingthe conceptsofsingle-streamrecyclingandgreenwastediversionthroughfull color bilingual brochures distributed to every residential customer. 2) Move- In Service. Collection of recyclable materials such as flattened cardboardand packingpaper that would exceedthe capacityof the recycling cart.
3) Public Education/ Outreach. The following activities will be performed on an ongoingbasisthroughoutthe term of the agreement:
a. Community Events. Contractor will provide the personnel, equipment, collection services, promotional items, and cardboard trash and recyclingboxes, at nocharge, in a continuingeffortto supportCityprograms and events and to promote recycling awareness to the public. Examples of events include, but are not limited to Cafe Tuesdays, ThirdThursdayFoodFest, DowntownFarmShareMarket, Movie Night in the Park and Rendezvous Route 66.
b. City' s Program and Grant Funding. Public education and outreach activities which focus on beverage container recycling, used motor oil recycling, household hazardous waste disposal and waste tire collection, and are centered around such events as residential communityclean-updays, EarthDayevents, PublicWorksWeekand the Orange Show Festival.
c. School Outreach. School programs will be contingent on subscribing to City services.
d. Customer Feedback. Information regarding disposal and diversion efforts will be used to give feedback to residential neighborhood organizations and commercial customers about rates of participation, contamination, waste generation and diversion.
e. Product Stewardship. Contractorwill encourageresidentsto donate or exchange reusable items to local thrift stores and/or second hand establishments rather than discarding them.
f. Residential Newsletters. Newsletterswill be mailed to residents four times per Agreement Year. The newsletters will remind residents what
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Exhibit 7
Diversion Plan
is accepted for recycling, advise them of holiday schedules, bulky waste pickup, waste and recycling events, community events, and special waste handling topics like sharps, used motor oil and electronic waste.
g. Key Accounts. As a part of Mandatory Commercial Recycling (AB 341) and MandatoryCommercialOrganicsRecycling (AB 1826) programs, Contractor staff will identify key accounts such as property managers, multi- family site managers, and major commercial and industrial properties and develop outreach efforts designed to engage greater participation in these State- mandated programs.
h. Other Education & Outreach Efforts. Throughout the term of the contract, Contractor staff will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets.
COMMERCIAL SECTOR
Contractor proposes to increase diversion from Commercial sources by:
1) AB 341 RecyclingPrograms. Contractorwill identifyand reportto the City annuallyontheAB 341compliancestatusof eachbusiness. Contractor's recyclingcoordinatorwill work with each non-compliantbusinessto establish programs. ( AB 341 defines " business" as any commercial entity, publicentitysuchasa schoolor hospital, andmulti-familydwellingof five 5) units or more.)
2) Recycling Rebates. Commercial establishments that generate large quantities of source- separated Recyclable Materials may be offered rebates based on the net value of the commodity.
3) Organic Materials / AB 1826 Compliance. Contractor will identify and report to the City on the businessesimpacted by AB 1826. Contractor's recycling coordinator will work with affected businesses to establish services that comply with the law.
INDUSTRIAL SECTOR
Contractor will to increase diversion from the Industrial sector by:
1) AB 341 Recycling Programs. ( Previously described.)
2) Recycling Rebates. ( Previously described.)
3) Organic Materials / Mandatory Commercial Organics Recycling Law.
Previously described.)
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Exhibit 7
Diversion Plan
4) Construction & Demolition Waste.
a. Source- Separated Collection. Contractor will provide multiple containers on large job sites to enable developer/ contractors to source- separate materials. Job sites with limited space might also source-separate material using containers phased to match the construction progress, i.e., rock, inerts, concrete & wood for demolition and flatwork phases, wood for framing phases, plastics & metals for plumbing, electrical & ducting phases, drywall for wall phases, carpet remnants, cardboard for HVAC, appliance and finish phases. b. Mixed C&D Processing. Contractor will provide containers for mixed construction & demolition roll- off processing.
Below are Contractor' s diversion targets by service sector and date Refuse Green Waste Recyclables Total Solid Diversion
Year Disposal Diversion Diversion Waste Rate
Target Target Target Generated Target
Current 150, 000 30, 600 21, 000 201, 600 26%
2016 138, 100 38, 500 25, 000 201, 600 31%
2020 120, 600 48, 000 33, 000 201, 600 40%
2025 91, 600 63, 000 47, 000 201, 600 55%
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Exhibit 8
Customer Service Plan
Customer Service Representatives will work from local division offices, not a regional call center. This localized customer service system promotes a better understanding of local programs and customer needs.
1. LOCATION
The customerservice centerfor the City of San Bernardinowill be initially located at Contractor's existing San BernardinoDivision Office at 5455 Industrial Parkway.
2. STAFFING
Will consist of nine ( 9) fulltime Customer Service Representatives will be availableto answerand processall incomingtelephonecallsfrom Cityresidents and commercial enterprises.
Customer Service Representatives will receive in-house training on the programs and services to be provided.
3. CALL HANDLING
Customer Service Department will be accessible via a local, toll free telephone number, which will be listed under Contractor's name in the white pages directory servicingSanBernardino. CustomerServiceDepartmenthoursare 8:00 AM - 5:00 PMMondaythroughFridayandon Saturdaysbetween8:00AMand2:00 PM after recognized holidays.
Customer phone calls and customer issues will be recorded in a computerized log, including the date and time, customer' s name and address, nature of concern, and resolution. Phone calls received via the message center will be recordedinthelogandrespondedto nolaterthanthefollowingworkday. Thelog will be availablefor reviewby Cityrepresentativesduringnormalofficehours.
Contractorwill provideongoingdispatchcommunicationsbetweendrivers, route supervisors and customer service to address issues such as locked gates, equipment malfunctions, or missed collections.
Franchise Agreement Term April 1, 2016— March 31, 2026
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CityofSanBernardinoExclusiveFranchiseAgreementforIntegratedSolidWaste Collection, Processing, andDisposalServicesWithBurrtecWasteIndustries, Inc.
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CityofSanBernardinoExclusiveFranchiseAgreementforIntegratedSolidWaste Collection, Processing, andDisposalServicesWithBurrtecWasteIndustries, Inc.
Exhibit 9
List of City's Equipment/Personal Property
Vehicle# Description Odometer Year
Sweepers/ Equipment
0492- 03 BROOMSWEEPER 71, 163 2003
7468 AIRSWEEPER CNG 34, 476 2007
7469 AIRSWEEPER CNG 34, 476 2007
7476 BROOMSW EEPER CNG 45, 866 2007
7478 BROOMSW EEPER CNG 48, 040 2007
9490 BROOM SWEEPER 38, 690 2009
9491 CNG SWEEPER 22, 639 2009
483 COMPACT TRUCK 90, 375 1995
Right of Way Vehicles/ Equipment
1557 1975
1556 MOWER FIELD & BRUSH 2007
1555 MOUNTED PUMP 1, 555 1996
1553 3/ 4T PU W/ SRVC. BDY 132, 383 2001
1552 3/ 4T PU W/ SRVC. BDY 78, 000 2001
1551 VAN PASS- 15 1- TON 76, 717 2003
1550 VAN PASS- 15 1- TON 68, 170 2003
1549 TRAILER 10 FT 1989
1548 TILT BED TRLR 58, 292 1989
1547 3/ 4 T PICKUP 119, 237 2002
1546 PRESSURE WASHER 100 1989
1544 3/ 4 T PICKUP 41, 249 1997
1543 TRAILER 1 AXLE 2 1984
1542 TRAILER 10 FT 1984
1541 FLATBED 115, 349 2002
1540 1 T FLTBED DUMP 164, 949 1992
1539 TRAILER 15 FT 1988
1536 ARROW BOARD TRLR 2003
813 O STEER MOWER 846 2007
802 3/ 4T PU W/ SRVC. BDY 116, 004 1998
768 TRAILER 20 FT. 2 AXL 2007
764 MOWER 3 DECK 4, 750 2005
758 TRAILER 10 FT 1979
739 1 T FLTBED DUMP 35, 750 2006
732 1/ 2 T PICKUP 113, 856 2002
724 1/ 2 T PICKUP 121, 296 2002
720 1/ 2 T PICKUP 87, 742 2002
719 3/ 4 T PICKUP 122, 586 2002
716 1/ 2 T PICKUP 98, 867 2002
703 1 TON PICK UP 55, 280 2008
577 TRAILER 10 FT 1990
576 CARRIER TRL 16' 1996
Franchise Agreement Term April 1, 2016— March 31, 2026
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CityofSanBernardinoExclusiveFranchiseAgreementforIntegratedSolidWaste Collection, Processing, andDisposalServicesWithBurrtecWasteIndustries, Inc.
Exhibit 9
List of City's Equipment/Personal Property
Vehicle# Description Odometer Year
2010530
529 75 2010
528 PRESSURE WASHER 2009
527
2008
526 PAINT SPRAYER 687 2008
525 PAINT SPRAYER 3 2008
524 PAINT SPRAYER 2008
523 PAINT SPRAYER 2008
517
2010
515 PAINT SPRAYER 2011
511 GENERATOR PORTABLE 2000
505 COMPACT PU REG. CAB 86, 167 2007
487 TRAILER 10 FT 1980
485 TRAILER 15 FT 1973
472 VIBROPLATE 2011
308 MOWER- RIDING 72" RIGHT OF WAY" 21201 2007
Refuse Collection/ Equipment
Vehicle# Description Odometer Year
01107- 02 SIDELOADER AUTOMATED 104, 095 2002
01114- 02 SIDELOADER AUTOMATED 82, 853 2002
129 PRESSURE WASHER 659 2005
0155- 87 REAR LOADER 252, 804 1987
161 FORKLIFT 1, 151 2010
224 SMALL REF. TRUCK 81, 146 2006
225 SMALL REF. TRUCK 86, 339 2007
7140 SIDELOADER AUTO 48, 305 2007
7141 SIDELOADER AUTO 70, 288 2007
7142 SIDELOADER AUTO 78, 896 2007
7143 SIDELOADER AUTO 53, 129 2007
7144 SIDELOADER AUTO 66, 680 2007
7145 SIDELOADER AUTO 65, 182 2007
7146 SIDELOADER AUTO 79, 921 2007
7147 SIDELOADER AUTO 75, 363 2007
7148 SIDELOADER AUTO 80, 951 2007
7149 SIDELOADER AUTO 66, 483 2007
7150 SIDELOADER AUTO 64, 845 2007
7151 SIDELOADER- AUTO 67, 814 2007
7152 SIDELOADER- AUTO 62, 359 2007
8100 SIDELOADER AUTO 73, 432 2008
8101 SIDELOADER AUTO 46, 442 2008
8102 SIDELOADER AUTO 62, 928 2008
8103 SIDELOADER AUTO 67, 243 2008
8104 SIDELOADER AUTO 64, 691 2008
8105 SIDELOADER AUTO 67, 033 2008
Franchise Agreement Term April 1, 2016— March 31, 2026
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CityofSanBernardinoExclusiveFranchiseAgreementforIntegratedSolidWaste Collection, Processing, andDisposalServicesWithBurrtecWasteIndustries, Inc.
Exhibit 9
List of City's Equipment/Personal Property
Vehicle# Description Odometer Year
8106 SIDELOADER AUTO 77, 856 2008
8107 SIDELOADER AUTO 76, 008 2008
8108 SIDELOADER AUTO 79, 437 2008
8109 SIDELOADER AUTO 73, 679 2008
8223 REAR LOADER LNG 60, 337 2008
9110 LNG SIDE LOADER 58, 133 2009
9111 LNG SIDE LOADER 68, 039 2009
9112 LNG SIDE LOADER 57, 233 2009
9113 LNG SIDELOADER 61, 554 2009
9114 LNG SIDELOADER 61, 213 2009
9115 LNG SIDE LOADER 59, 537 2009
9116 LNG SIDE LOADER 59, 912 2009
9222 REAR LOADER 71, 018 2009
10112 LNG SIDELOADER 41, 169 2010
10113 LNG SIDE LOADER 40, 425 2010
10114 LNG SIDE LOADER 7, 600 2010
10115 LNG SIDE LOADER 45, 184 2010
10117 LNG AUTO RES 49, 480 2010
10119 LNG AUTO RES 44, 606 2010
10120 LNG SIDELOADER 42, 522 2010
12104 LNG SIDELOADER 40, 217 2012
12116 LNG SIDELOADER 43, 831 2012
12151 STAKEBED 23, 174 2012
12152 STAKEBED 22, 387 2012
200 1/ 2 T PICKUP CNG 51, 081 2014
201 1/ 2 T PICKUP CNG 100, 273 2014
209 1/ 2 T PICKUP CNG 65, 440 2014
220 3/ 4 T PICKUP 108, 320 1995
226 COMPACT SEDAN 45, 348 1997
1101 FUEL ONLY 59, 155 2007
1136 FUEL ONLY Not know
1507- 02 4DR IVIED SEDAN 50, 887 2002
RES OIL MISC. OIL CHRGS, ETC. 5, 535 1997
145 BIN BUGGY 103, 640 2006
206 STEAM CLEANER 2005
208 STEAM CLEANER 2005
221 TRAILER UTIL 15' 1996
1200 ROLL OFF 231, 028 2001
1201 ROLL OFF 235, 374 2001
1203 ROLL OFF 255, 563 2002
1204 ROLL OFF 244, 637 2001
154 BIN BUGGY 153, 074 1998
2170 FR. END LOADER 150, 787 2002
2171 FR. END LOADER 161, 902 2002
2172 FR. END LOADER 150, 217 2002
Franchise Agreement Term April 1, 2016- March 31, 2026
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CityofSanBernardinoExclusiveFranchiseAgreementforIntegratedSolidWaste Collection, Processing, andDisposalServicesWithBurrtecWasteIndustries, Inc.
Exhibit 9
List of City's Equipment/Personal Property
Vehicle# Description Odometer Year
2173 FR. END LOADER 33, 373 2002
2174 FR. END LOADER 45, 485 2002
2175 FR. END LOADER 4, 473 2002
7176 FRONTLOADER AUTO 55, 820 2007
7182 FRONTLOADER AUTO 67, 888 2007
7188 FRONTLOADER AUTO 79, 563 2007
7198 ROLL OFF LNG 120, 653 2007
7202 ROLL OFF LNG 131, 908 2007
7203 ROLL OFF LNG 238, 304 2007
7204 ROLL OFF LNG 149, 960 2007
8177 FRONTLOADER AUTO 181, 143 2008
8178 FRONTLOADER AUTO 1, 827 2008
8179 FRONTLOADER LNG 30 2008
8199 ROLL OFF LNG 130, 000 2008
8200 ROLL OFF LNG 113, 971 2008
9180 FRONT LOADER LNG 63, 441 2009
9181 FRONT LOADER LNG 66, 387 2009
9183 FRONT LOADER LNG 61, 887 2009
9205 ROLLOFF LNG 117, 568 2009
10191 LNG FRONT LOADER 54, 956 2008
10193 LNG FRONT LOADER 59, 353 2010
10196 LNG ROLL OFF 80, 292 2011
12153 BIN CARRIER HREM 25, 252 2012
12174 LNG FRONT LOADER 44, 426 2012
12194 LNG FRONT LOADER 43, 880 2012
12202 LNG ROLL OFF 52, 523 2012
205 1/ 2 T PICKUP CNG 100, 427 2004
207 4DR STD. SEDAN 113, 796 2001
414 COMPACT SEDAN 54, 786 1997
1505 COMPACT SEDAN 51, 599 2000
202 WELDER WIRE FEED 2005
1130 BIN REPAIR 87, 807 2000
234 VAN CARGO 1/ 2 TON 23, 473 1997
1941 CLASSIC PICKUP 1, 194 1941
COM OIL MISC. OIL CHRGS, ETC. 1 1997
Franchise Agreement Term April 1, 2016- March 31, 2026
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CityofSanBernardinoExclusiveFranchiseAgreementforIntegratedSolidWaste Collection, Processing, andDisposalServicesWithBurrtecWasteIndustries, Inc.
Exhibit 10
DisplacedCityEmployeeCompensationMinimumRequirements
BENEFITS. Displaced City Employees (" employees") employedby Contractorwill receivethe exact same benefits as all other Contractor employees:
HealthInsurance. Comprehensivemedicalplanpaidbycompanyforemployeeonly andweeklypremiumpayrolldeductionforfamilycoverage.
Retirement.
EmployeeswillhavetheopportunitytojoinContractor's401kretirementplanthefirstof the month following three months of service. Contractor will make a matching contribution in an amount equal to 50% of the portion of elective deferrals up to 6% of compensation and employee will become 100% vested when you enter the plan.
Vacation. Vacation is accrued based upon length of employment:
Years of Service Weeks Weekly Accrual
1 1 0. 77 x 52 = 40. 04
2 2 1. 54 x 52 = 80. 08
8- 15 3 2. 31 x 52 = 120. 12
16 3 + 1 day 2. 46 x 52 = 128. 0
17 3 + 2 days 2. 62 x 52 = 136. 0
18 3 + 3days 2. 77x52 = 144. 0
19 3 + 4days 2. 92x52 = 152. 0
20 4 3. 08 x 52 = 160. 0
PaidHolidays. Contractor's employeesreceivesix paidholidays.
Paid Sick Leave — Employeeswill be granted 32 hours of Paid Sick Leave on every anniversary hire date. Upon successfully completing 90 days of employment employeesmaybeginto usetheir32 hours.
BirthdayPay- ContractoremployeesreceivetheirBirthdayasafloatingholiday Other. ServiceAwards-Contractorvaluesemployee's commitmentto companyandwill recognize employee' s anniversary milestones with a service award.
Franchise Agreement Term April 1, 2016— March 31, 2026
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CityofSanBernardinoExclusiveFranchiseAgreementforIntegratedSolidWaste Collection, Processing, andDisposalServicesWithBurrtecWasteIndustries, Inc.
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CityofSanBernardinoExclusiveFranchiseAgreementforIntegratedSolidWasteCollection, Processing, andDisposalServicesWithBurrtecWasteIndustries, Inc.
Exhibit 11
Contractor' s Subcontractors
Contractorwilluseonlyonesubcontractorwhowillperformstreetsweepingservices:
CleanStreet, Inc.
Jere Costello, CEO and Founder
1937 W. 169th Street
Gardena, CA 90247
800) 538- 8015
info @cleanstreet. com
Federal Tax Identification Number: 95-4147708
Franchise Agreement Term April 1, 2016— March 31, 2026
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CityofSanBernardinoExclusiveFranchiseAgreementforIntegratedSolidWaste Collection, Processing, andDisposalServicesWithBurrtecWasteIndustries, Inc.
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Public Hearing
City of San Bernardino
Request for Council Action
Date: February 15, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Nathan Freeman, Agency Director of Community, Housing, and Economic Development
Subject: Resolution Approving Street Vacation of a Portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and Reservation of Utilities Therein (Ward 3) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-003 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and reservation of utilities therein.
Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of E Drake Drive was received on June 16, 2022, from Plehn Family, LLC. The stated reason for the petition to vacate this portion of E Drake Drive is to accommodate a new industrial development.
On September 21, 2022, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On October 27, 2022, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within one thousand feet (1000’) of the property informing them of the proposed street vacation. Staff has received requests from
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Frontier Communications and Southern California Edison to reserve established utility easements and has received no additional responses from utilities or residential stakeholders.
On December 7, 2022, the Mayor and City Council authorized staff to proceed with the public hearing and set the date and time for February 15, 2023, at 7:00PM which will be held in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 West 6th Street, San Bernardino, California 92410.
On January 10, 2023, The Planning Commission adopted Resolution No. 2023-001PC, finding that the proposed street vacation of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street, conforms with the City’s General Plan.
Discussion
Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-438, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for the street as described in the Real Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30-438 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-003 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and reservation of utilities therein.
Attachments
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Attachment 1 - Resolution No. 2023-003
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 – PowerPoint Presentation
Ward: 3
Synopsis of Previous Council Actions:
September 21, 2022 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and reservation of utilities therein.
December 7, 2022 The Mayor and City Council adopted Resolution No. 2022- 265 declaring its intent to conduct a public hearing to order the vacation of a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy and reservation of utilities therein, and set the date and time of the public hearing for February 15, 2023, at 7:00PM.
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Resolution No. 2023-003
Resolution 2023-003
February 15, 2023
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3 7
RESOLUTION NO. 2023-003
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF A PORTION OF E
DRAKE DRIVE BETWEEN E CENTRAL AVENUE AND E
MILL STREET, AND WEST OF S FOISY STREET AND
RESERVATION OF UTILITIES THEREIN.
WHEREAS, the Public Works Department previously received a petition to vacate a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street; and
WHEREAS, on September 21, 2022, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the street; and WHEREAS, on October 27, 2022, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within one thousand feet (1000’) informing them of the proposed street vacation; and WHEREAS, on December 7, 2022, the Mayor and City Council adopted Resolution No. 2022-265 declaring its intention to conduct a public hearing on February 15, 2023, to order the street vacation; and
WHEREAS, on January 10, 2023, the Planning Commission adopted Resolution No. 2023-001PC, finding that the proposed street vacation conforms with the City’s General Plan; and WHEREAS, on February 15, 2023, a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California, and offered evidence in relation to the vacation of a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street, and the reservation of utilities therein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law,” being Division 9, Part 3, of the Streets and Highways Code of the State of California.
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Resolution No. 2023-003
Resolution 2023-003
February 15, 2023
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3 7
SECTION 3. The Mayor and City Council of said City do hereby vacate that portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street as described on each of the attached legal descriptions as Exhibit “A,” and on each of the maps attached as Exhibit “B.”
SECTION 4. Approval of this Resolution shall not affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California, with reservations of the easement as requested from Public Utility Company or other public entity.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of February 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-003
Resolution 2023-003
February 15, 2023
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3 7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-003, adopted at a regular meeting held on the 15 th day of February 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT “A”
LEGAL DESCRIPTION
STREET VACATION NO. 15.30-438
THOSE PORTIONS OF DRAKE DRIVE OF TRA CT NO. 3057, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 42, PAGES 22-23 OF MAPS, RECORDS OF SAID COUNTY, BOUNDED AS FOLLOWS:
ON THE WEST BY THE WESTERLY LINE OF SAID MAP.
ON THE EAST BY THE WESTERLY RIGHT OF WAY LINE, AND THE
PROLONGATION THEREOF, OF FO ISY STREET, 25 FOOT HALF WIDTH, AS SHOWN ON SAID MAP.
ON THE NORTH BY THE SOUTHERLY LINE AND THE SOUTHEASTERLY LINE OF LOT 7 OF SAID MAP.
ON THE SOUTH BY THE NORTHERLY LINE AND THE NORTHEASTERLY LINE OF LOT 6 OF SAID MAP.
CONTAINING APPROXIMATELY 8,689 SQUARE FEET.
AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE PART HEREOF.
This legal description was prepared by me or under my direction. ______________________________________
Edward J. Bonadiman, PLS Date
07-20-2022
____________________________________________________
________________________________ ___________________________________________________________________ _
_
Ed d J B di PLS
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APN 0280-021-22
LOT 7
MB 42/22-23
APN 0280-021-27
LOT 6
MB 42/22-23
CL
DRAKE DRIVE
FOISY STREET
CL
1 STREET VACATION
DRAKE DRIVE
CITY OF SAN BERNARDINO
E
S T
.
1 9 4
1 EXHIBIT "B"
LEGEND:
STREET VACATION NO. 15.30-438
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AERIAL MAP
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Public Hearing – Proposed Street Vacation
Portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street
Presented by Nathan Freeman, Agency Director of Community, Housing and Economic Development
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Public Hearing – Street Vacation
• Applicant: Plehn Family, LLC
• Reason for Request: The reason stated for the petition to vacate this portion of E Drake Drive is to accommodate a new commercial development that will consist of a warehouse building.
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Public Hearing – Street Vacation
Proposed Vacation
of a portion of E Drake
Drive – Plat Map
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Public Hearing – Street Vacation
AERIAL VIEW
Proposed Vacation -
Portion of E Drake Drive
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Public Hearing – Street Vacation
• Proposed street vacation is consistent with general plan. • Planning Commission concludes proposed vacation is categorically exempt from CEQA and there is no significant impact on environment. • Utility Companies notified – Frontier Communications and Southern California Edison easements will be preserved.
• Notice of this hearing was posted and published; and mailed to surrounding property owners within one thousand (1,000) feet of the proposed vacation.
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Questions?
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2 2
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: February 15, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor’s Office
Subject: Presentation of Sustainable Renewable Green Energy Initiative – The AWE System – Mayor Tran
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2 2
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: February 15, 2023
To: Honorable Mayor and City Council Members
From: Ben Reynoso, Council Member, 5th Ward
Department: Council Office
Subject: To consider formalizing an annual partnership with San Bernardino Valley College and CBOs who host the
annual Juneteenth event with financial support up to
$50,000 (Ward 3) – Council Member Reynoso
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4 9
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: February 15, 2023
To: Honorable Mayor and City Council Members
From: Damon L. Alexander, Council Member, 7th Ward
Department: Council Office
Subject: State of Emergency: Duties, Powers and Responsibilities of the Mayor's Office and Council (All Wards) – Council Member Alexander
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