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HomeMy WebLinkAbout2012-01-17 e-packet SPECIAL MEETING :� . CITY COUNCIL OF THE 0 . - : CITY OF SOUTH SAN FRANCISCO To ;%* P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 CITY HALL CONFERENCE ROOM 400 GRAND AVENUE SOUTH SAN FRANCISCO TUESDAY, JANUARY 17, 2012 7:00 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Tuesday, the 17 day of January, 2012, at 7:00 p.m., in the City Hall Conference Room, 400 Grand Avenue, South San Francisco, California. Purpose of the meeting: 1. Call to Order. 2. Roll Call. 3. Agenda Review. 4. Public Comments - -- comments are limited to items on the Special Meeting Agenda. 5. Further review of a Draft Private Sewer Lateral Ordinance. 6. Single Use Bag Ordinance update and review. 7. Adjournment. For Krista Joy Martinelli, City Clerk .err N STil SA* y E. � 1 c'�LIFOR�l� taff R eport DATE: January 17, 2012 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: FURTHER REVIEW OF A DRAFT PRIVATE SEWER LATERAL ORDINANCE RECOMMENDATION It is recommended that the City Council further review and discuss proposed changes to the draft Private Sewer Lateral Ordinance prior to introduction at a public hearing. BACKGROUND On October 18, 2011, staff provided Council with an overview of a proposed sewer lateral ordinance. This new ordinance would clearly define the responsibilities for the construction, maintenance, and inspection of the lateral connections from private properties to the connection to the City's sewer collection system. At that meeting, staff was given direction to perform further research on the content of neighboring jurisdictions' similar ordinances. One area Council wanted to hear further discussion on was the presence of a point -of -sale "trigger" component which would require that all properties for sale have their sewer lateral lines inspected prior to transfer of title. The San Mateo County Association of Realtors (SAMCAR), which attended the past meeting, also offered to provide the Council with data to express concerns about the adoption of such regulations which is attached. Staff conducted research and collected data on this topic and have included their findings in this report. DISCUSSION Several Bay Area cities have sewer lateral inspection ordinances in effect, and the ordinances of the following cities were closely examined: *Alameda *Hercules *Richmond *Albany *Hillsborough San Carlos *Berkeley *Millbrae San Mateo *Burlingame *Oakland Unincorporated *Emeryville *Pacifica San Mateo County *El Cerrito *Piedmont Staff Report Subject: FURTHER REVIEW OF A SEWER LATERAL INSPECTION ORDINANCE Page 2 of 3 All of the above agencies with private lateral ordinances that have an asterisk next to them also contain point -of -sale provisions. Staff recommended this provision as a feasible model in its first draft ordinance as a method of systematically ensuring that sewer laterals be inspected and replaced, if necessary. Aside from a point -of -sale (POS) clause, the methods available to ensure that laterals are inspected involve the use of sweeping citywide mandates, extensive recordkeeping that would require additional staff time, and the implementation of a financially robust sewer lateral replacement program, similar to the one found in San Mateo where they offer to cost share with owners to get the work done. SAMCAR has expressed its concern to Council that POS places an undue burden on the home sale process and at this time of critical weakness in the real estate market can hurt the sale process or delay sales further. They also point out that given the slow turnover rate of homes the schedule to achieve compliance would take decades. Because the cost to replace a lateral is typically between $5,000 to $9,000 this cost will not be welcomed by homeowners and buyers and typical insurance most likely will not cover these repairs. There are several arguments for and against the POS approach, however, the most compelling support for this approach is that it can be handled in an efficient matter with a significant trigger point that protects the buyer or new resident owner coming into the community while assuring compliance. The most compelling opposition to POS is that it is another element that can hurt sales and movement of properties as it will place another cost burden on a property owner or buyer. To allay the concerns of those who believe the point -of -sale requirement is too rigid, staff has developed certain exemptions which are being presented for Council's consideration in the new version of the ordinance. • Exempting properties built or having the lateral replaced less than 20 years ago. Because sewer laterals installed within a 20 year period are less likely to be made from inferior materials, it is highly unlikely they will have structural damage within a lifespan of less than twenty years. Staff feels comfortable including an exemption of this type in the ordinance. • Exempting properties that have had their sewer laterals inspected and certified anytime within the past five years. If residents can present proof (i.e. documentation and /or video) that their property's sewer lateral successfully passed an inspection within the past five years, they can be exempted from being required to re -test it. SAMCAR prefers that Council considers alternate forms of compliance. These would be to name a few; • The City of El Cajon model — The city inspects and replaces laterals at its cost in targeted areas. • The City of Stockton model — Inspects laterals at the city's cost but requires failing laterals to be replaced at the property owners cost. • The East Bay MUD model — Allows time extension certificates which allows property owners up to 180 days from POS to obtain the inspection and compliance or allows the inspection and certification prior to the sale of the property. Staff Report Subject: FURTHER REVIEW OF A SEWER LATERAL INSPECTION ORDINANCE Page 3 of 3 • The various Sanitation District models — Requires all property owners a "window" of time to inspect and gain certification not tied to sales. From a practical and most popular perspective, a point -of -sale requirement is the simplest and most cost- effective method to use in order to guarantee that sewer laterals are systematically replaced citywide. Staff is aware that this method is a long -term proposition, since certain properties are held for decades at a time and never transferred. However, staff believes it is important to hold a long view on an issue of this level of significance. It is the goal to have all Orangeburg sewer laterals replaced within the next two decades. Given the characteristics of the pipe, this problem should take care of itself certainly within this time frame. CONCLUSION Depending on direction given by Council, staff will move forward in creating a final draft of the proposed ordinance and submit it for an upcoming public hearing. Because of the consent decree entered with Baykeeper, it is essential that a sewer lateral replacement initiative or equivalent alternative acceptable to the Baykeeper be enacted within the next two months. Staff believes its recommendations would mitigate the concerns of the community at large. By: App I ved: � . (D i Terry Whit c arry . Nagel Director of Public Works City Manager GA/tw Attachments: Draft Ordinance SAMCAR Data on Property Turnover Rates ORDINANCE NO. 2012 - AN ORDINANCE ADDING CHAPTER 14.40 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE ADDING SEWER LATERAL CONSTRUCTION, INSPECTION, AND RESPONSIBILITIES WHEREAS, the City of South San Francisco ( "City ") owns ,d a maintains sanitary sewer � mains, pumping stations, and appurtenant facilities as part of the Cat ��aste water collection system which is under the control of the city, and; 1fo WHEREAS, property owners have and will be perm ' at thew ' expense to connect private laterals to the collection system as permitted under regulations as%ivided by the City, and; WHEREAS, absent regulation that establishes clarifications for the propel owner for the responsibility to design, construct, operate, maintain and inspect the building sanitary sewer lateral, unhealthy conditions are found to exist, and; WHEREAS, the property owner shall test and inspect such laterals and abate any such defects, leaks or breaks when required and; WHEREAS, testing „a d inspections shall occur by the owner as needed for proper operation of the lateral b to later than at the point of sale or transfer of the property with exception of a prior successful test' no more than five years prior or for a period of 20 years after the installation of a wly constructed lateral and WHEREAS, all w shaft-be 'di wit appropriate permits as required by the city, and; WHEREAS, several m etings and a public hearing has been conducted to introduce the and discuss the Ordinance, and, WHEREAS, the intent of these provisions is to insure that public health, safety, and general welfare are protected without unreasonably resitricting or denying accfes to the collection system. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. CHAPTER 14.140 "SEWER LATERAL CONSTRUCTION, INSPECTION, AND RESPONSIBILITIES” Chapter 14.140 of the South San Francisco Municipal Code is hereby added to the South San Francisco Municipal Code to read as follows: 1 "Sewer Lateral Construction, Inspection, and Responsibilities" Section 14.140.020 Public Sanitary Sewers, General Section 14.140.030 Permits General Section 14.140.040 Encroachment Permits for Sanitary Sewer Construction Section 14.140.050 Encroachment Permit Time Limitations Section 14.140.060 Permit Identification Section 14.140.070 Permit compliance Section 14.140.080 Permit Revocation Section 14.140.090 Abandonment of Sanitary Sewer Connection Section 14.140.100 Design Standards, General' Section 14.140.110 Design, Review and approval Section 14.140.120 Construction Standards Section 14.140.130 Inspection Requirements Section 14.140.140 Testing Requirements Section 14.140.150 Sanitary Sewer Laterals / Section 14.140.160 Abatement of Leaks, Breaks, and Improper Sanitary Sewer Conditions Section 14.140.170 Testing and Replacement of Sanitary Sewer' Laterals Section 14.140.180 Inspection of Sanitary Sewer Laterals as a Precondition for Obtaining a Building permit Section 14.140.190 Sidewalk Cleanouts Section 14.140.200 Inspection and Correction upon Sale 14.140.010 Public Sanitary Sewers, General All City sanitary sewer /m is junction structures, pumping stations and appurtenant facilities within the public right -of way, public utility easements or sanitary sewer easements are p art of the City's wastewater ` collection system owned by the City and are under the control and operation of the City`. 14.140.020 Building, Dram and Building Sanitary Sewer Lateral A. The property owner is responsible at his /her expense to construct, operate clean and maintain all building sanitary sewer laterals or waste holding tanks, individual waste disposal systems including septic systems, if permitted, sewage ejector pump stations and appurtenant pipelines, valves and structures to either the point of connection with the cleanout wye on the building sanitary sewer lateral or to the City sanitary sewer main as provided below, in full compliance with the provisions of this chapter. The City shall maintain the building sanitary sewer lateral from a City- approved cleanout wye to the City sanitary sewer main when a cleanout is provided either in the sidewalk, or if there is no sidewalk within the public right -of -way then it shall be installed within two and one - half feet of the City main. In such instances, the cleanout must be accessible at all times. When the cleanout is located outside of these designated areas, the property owner is responsible for maintaining the building sanitary sewer lateral all the way to the City sanitary sewer main including the sanitary sewer lateral's wye junction to the main. Where a cleanout does not exist and the property owner desires to install one, the City will not accept maintenance responsibility from the new cleanout to the City's main until the property owner satisfies the Public Works Director /City Engineer or his/her designee as to the proper operational condition of that lateral. 2 B. Sanitary sewer connections to the City's wastewater collection system shall be limited to one sanitary sewer lateral per lot, parcel or tract of land. Multiple or branched sanitary sewer connections are specifically prohibited. The limitation to one sanitary sewer lateral per lot shall also apply in the case of condominium subdivisions, planned unit developments and commercial developments unless specifically waived in a subdivision improvement agreement or sanitary sewer main extension agreement. Existing conditions not i compl with this chapter shall be brought into compliance within sixty calendar days after owner receives notice from the City and • all cases prior to the transfer of ownership. Th rep lacement of existing multiple or branched sanitary sewer co shall be at the own er's expense. j /,, 14.140.030 Permits, General //;1//: A. P ermits shall be required under this chapter to co ter, repair, maintain and operate any building sanitary sewer lateral, sewage holding tank or discharge facility including sewage pumping stations within the City. Encroachment ermits for all work within the public right-of-way shall be obtained from the Publi %irks Director /City Engineer or his/her designated representati e 'Permits for all work ®,, 'vate property shall be obtained from the Building Division and shall be su t. South San Francisco Municipal Code and. the UBC and ;UPC. Encroachment and plum bing permit fees are set by the City Councl in the City of ©pt San Francisco Master Schedule. A performance deposit, or bond, art an amount of one hundred percent of the estimate for the work may be required ts all not be � considered valid until all fees and connection charges have been p ` ,bon indemnification have been provided to the %' City, and the permit has been signed y the op ate City building offi cial. B. In the event a permit has expired and ovation fee i required, the original applicant may pay an amount equal to:half the original fee to reactivate the permit. A new applicant of an ex the shall b subject to permit conditions required for a new permit applicant and sha l pay on anitary th e; full amount of th ermit. ti 14.140.04 Echment Prmits for Sanitary Sewer construction A ,„,// encroact permit application will be completed for any s sewer construction w ithin t he public ri ght -of- -way and shall contain all information required by i Public Works Director /City Engineer, and be accompanied by payment of all fees determined by the C i t y Council in the City of South San Francisco Fees and Service Charges. i,; B. All plans, calcua designs, specifications, tests and surveys as required by this chapter and ` t �o Public Works Director /City Engineer shall be submitted with the application. The applicant shall be subject to all conditions of the standard encroachment permit including, but not limited to, time limitations, indemnification and compliance as contained within this chapter and the City of South San Francisco Municipal Code. 14.140.050 Encroachment Permit Time. Limitations A. All work shall be initiated withn six months of the date of issuance of the encroachment permit and shall be completed withn the time limit specified in the permit. If work is discontinued for any reason for a period of six months, the permit shall be deemed expired and no further work may proceed until the permit •is reactivated and a reactivating fee paid. 3 B. Encroachment permits may be extended with the express written consent of the Public Works Director /City Engineer only after the applicant has filed a request for time extension with the Public Works Director /City Engineer stating the reasons for the request. The Public Works Director /City Engineer may require additional fees for costs incurred by the City for permit time extensions. 14.140.060 Permit Indemnification A. All applicants for permits required in this chapter shall be required to indemnify and save harmless the City and its officers, agents and employees from any and all liability to persons and property in connection with any activities rely / t o the application for and discharge of any permit. The applicant shall provide fo , 1 of the City, its , �, �/ Council members, and all officers, employees and ii 1 each of them in a form acceptable to and approved by the City Attorney. >,� / B. The applicant shall be solely liable for any fects in the performance of any activity under a permit and for any failure or defect whiich may arise from the 'performance of any activity or work permitted. 14.140.070 Permit Compliance Any permit, when signed by the applicant and issued by,the City, shall constitute an agreement to comply with all permit conditions and all terms and requirements of this chapter. Any modifications to the permit and its terms and conditions shall be made only upon written agreement between the City and the applicant, and shall thereafter binding upon the applicant. 14.140.080 Permit Revocation A. The City may revoke any permit issued under this chapter when the applicant fails to comply with th terms and conditions of the permit. Prior to p ermit revocation, the City o �e shall provide notification applicant stating the reason warranting revocation. The applicant shall be provided ten ten'days to despond to the proposed revocation action, unless the City deterrnme 'tat an action must 'be taken to protect the public health, safety or welfare. The' City shall Ipeet with the applicant and provide the applicant with the opportunity to respond to ny revocation action in writing within these ten days. If the response provided by the 'applicant is deemed unsatisfactory to the Public Works Director /City Engineer, the revocation will stand. B. An applicant, only after filing a response with the City and having the request to repeal the permit revocation denied, may appeal the revocation to the City Manager within ten days of the revocation repeal denial. If no appeal is made within this specified period, the revocation shall remain valid. 14.140.090 Abandonment of Sanitary Sewer Connection A. Any sanitary sewer connection to the City's wastewater collection system not connected to an existing structure having a current certificate of occupancy or being more than a single connection and not approved in writing by the City shall be removed or abandoned in place in a manner specified by the City. Demolition of an existing structure may require the removal or in -place abandonment of the sanitary sewer line as determined by the City. The City shall also approve of the manner in which the sanitary sewer line will be removed or abandoned. 4 B. The property owner shall be responsible for any costs associated with the removal or abandonment of a sanitary sewer connection. In the event a property owner fails to properly remove or abandon a sanitary sewer connection, the City may cause and take action to abate and remove or abandon the sanitary sewer connection or take any action set forth with the costs paid by the property owner. 14.140.100 Design Standards, General Minimum standards for the design and construction of public and /or private sanitary sewers, including rehabilitation, repair and replacement of sanitary sewer facilities, shall be in accordance with re q uirements of this cha ter, the Uniform Plumbing Code sewer design and construction standards, and the Specifications and Standard Plans for Public Works Construction, a copy of which is available for viewing at the public works offices. The Public Works Director /City Engineer or building official, as jurisdiction requires, may allow modifications or require special design and construction where non - standard conditions are encountered. The following design requirements sh A. Construction documents consisting of plan, profiles, details and specifi shall be required for all sanitary sewer construction projects w et document how sanitary sewer facilities are to be constructed. The construct on idouthents shall be prepared by a civil engineer licensed to practice in t h e state of California. These construction documents shall show locations and boundary l ines of affected roperties; plans for the proposed work at a scale not exceeding one i nch equals twenty, eet; profiles of sanitary sewer facilities showing flow lines, pipeline ., grades' and ground surface elevations to the nearest 0.10 foot details showing facty cross - sections, dimensions and material specifications; notes 'andpification for' the work including general notes and project specifications. t A B. All sanitary sewer facilities shall he designed for installation within easements or rights- of -way dedicated for bic"e`��acnt descriptions, dedications, acceptance and recordation shall be completed prior to ' of any sanitary sewer facilities and shall be prepared in accordance with the Subdivision Map Act (California Government Code Section 66410 et set) or in a form acceptable to the City Attorney. Easements, which pro operation, maintenance and access rights to the City, shall be granted to the City and accepted at the discretion of the City Council. C. Sanitary sewers shall be connected to the City's wastewater collection system in a manner and at a location approved by the City. Unless otherwise permitted by the City, all connections, shall be made at the point of lowest elevation on the City sanitary sewer main or manhole abutting or fronting the affected property. D. Design criteria and pipeline materials criteria acceptable for design purposes shall be provided by the Public Works Department, Engineering Division for sanitary sewer lines within the public right -of -way, and by the Building Department for sanitary sewer lines on private property. E. No more than one lot, parcel or tract of land shall be served from one sanitary sewer. An exception may be granted by the City for the following circumstances: 5 1) Where one or more multifamily structures are located on a single parcel, under common ownership, and are served by a common sanitary sewer lateral, the structures may share the same sanitary sewer lateral if sized and constructed to contain the sanitary sewer flows in a safe and adequate manner. 2) Where one structure is constructed behind another and a direct connection to the City sanitary sewer main cannot be constructed, the existing building sanitary sewer lateral for the front structure may be extended to the rear structure if sized and constructed to contain the sanitary sewer flows in a safe and adequate manner. This condition, if approved, will require the ordation of an easement and maintenance agreement establishing authority d responsibility for the jointly used sections of the sanitary sewer line for, structures. 14.140.110 Design Review and Approval A. The Public Works Director /City Engineer shall approve all designs for City sanitary sewer facilities before issuing an encroachmen.permit. Five sets 4design documents shall be submitted to the Public Works Director /City Engineer for review and approval. The City shall review and comment on submitted design docume within thirty calendar days of receipt of the documents. B. The design engineer shall make all modifications, changes and revisions requested by the City prior to any resubmittal ofsig, documents previously reviewed by the City. When all design documents meet the reOirertiefSRf this chapter to the satisfaction of the City, he /she will approve the design documents inter within thirty calendar days of receipt of acceptable design documents. All y esi n} ocurne €ts shall be marked "APPROVED" and shall indicate the date approved. C. Upon approval of the design documents by the applicant, the City shall issue an encroachment hermit. The design documents shall become the approved construction documents upon issuance of the permit. t he City shall return two sets of approved s const ,n documents with the encroachment permit to the permittee. The permittee s hall keep at° - lest one copy of the plans at the construction site at all times. One plan set �� Mall be retained or recordation of any changes or modifications made during construction. Any!e.anges or modifications made to the construction documents as co tructed shall receive prior written approval by the City. Changes to the sanitary sewer': design will receive prior written approval from the building official. As a condion of final al or approval, of completed sanitary sewer facilities, the permittee.all submit one set of "as- built" construction documents to the City for the public recor 4 S built" construction documents shall show locations of all sanitary sewer facilities' as actually installed in the field to the nearest 0.25 feet vertically and horizontally. 14.140.120 Construction Standards A. Construction of wastewater collection facilities shall be in accordance with the requirements of the City and construction documents approved by the City, this chapter and other applicable provisions of the City of South San Francisco Municipal Code. B. Any user constructing sanitary sewer facilities in the City shall comply with all state, county and City laws, ordinances, regulations and standards pertaining to construction 6 practices. Where excavations over five feet are proposed, the applicant shall provide the City with a copy of the approved trench excavation permit obtained from the local office of Cal -OSHA. The user undertaking construction shall pay all required fees for any permit required by government regulations. C. Any user constructing sanitary sewer facilities shall provide adequate precaution to protect the public from potential injury resulting from any construction work. All excavations shall be adequately guarded with covers, barricades, cones, lights and warning tape to protect the public from hazards. Any public property including sidewalks, streets and landscaped areas shall be protected fromdamage. Any interference or damage to public property, or private property, shall be restored and repaired in a manner satisfactory to the Public Works Director /City. = ;Engineer or private owner as appropriate. D. Grade and line stakes shall be set by a registered civil engineer' or land surveyor or an appropriate employee of either prior to the star, of construction wor „on any wastewater collection system element. The contrac 4 'orming the work shall be responsible to Y design transfer established desi grad �'' and elevations to constructed work. 14.140.130 Inspection Requirements A. All construction work within the public right of way and PUE shall be inspected by the Public Works Director /City Engineer or by his /her d representative. Work on private property shall be inspected by a City buili, inspector. All work shall be inspected by the contractor prior to requesting an inspection by the City. Upon request from the contractor, the construction inspector/building official, as appropriate, shall inspect the construction " Aiinric for compliance with the approved construction documents. No construction w k shall be covered or obscured before the construction inspector/building official ha nade inspection and approved the construction work. B. The contractor X 03' comply uit ; n d submit all test reports, material submittals, � � moo,,, � � „ certifications and sc hed u l es as required y the Public Works Director /City Engineer or building official. Any `mnaterials or workmanship not meeting approved construction document requirements s hal l be immediately removed or corrected to their satisfaction. C. Before acceptance of any construction work by the City, and prior to admission of any sewage into the City's wastewater collection system, the construction work shall be fully inspected, tested and'approved by the building official for sanitary sewer lines on private property and by the City for sanitary sewer lines in. the public right -of -way. The building official and/or Public Works Director /City Engineer shall issue a signed and dated certificate of occupancy for the constructed sanitary sewer facilities, copies of which shall be provided to the contractor and property owner. 14.140.140 Testing Requirements Prior to the acceptance of any constructed sanitary sewer facilities, testing shall be performed and shall pass acceptance standards specified by the Public Works Director /City Engineer and /or building official. These tests shall include as a minimum: low pressure air tests, and /or pressurized water leakage tests of all sanitary sewer pipelines, manholes and appurtenant structures. 7 14.140.150 Sanitary Sewer Laterals As a general rule, the property owner at his/her expense shall maintain all sanitary sewer laterals, including, but not limited to, the building drain, sanitary sewer lateral to the cleanout wye connection or to the City sanitary sewer main as provided below, building cleanout, sidewalk cleanout frame and cover, backflow protection and backflow relief equipment. The property owner shall provide all maintenance of the sanitary sewer lateral, including the wye connection to a City sanitary sewer main, to ensure unobstructed flow of sewage from the property to the City sanitary sewer main. The property owner shall be responsible for clearing all obstructions in the sanitary sewer lateral immediately upon discovery or notification by the City. When clearing any obstructions in the sanitary sewer lateral or performing any maintenance to the sanitary sewer lateral, the property owner must install a temporary trap downstream of the sanitary sewer lateral to ensure any rootball, debris or other items dislodged frog the sewer lateral do not flush into the City's sanitary sewer system. The City may require property owners to remove roots from private laterals that are growing into lower lateral sewer lines in the sanitary sewer system Vned by the City. Where this condition occurs, the City will promptly notify the private ; roperty owner. Within one hundred twenty y (120) days of receiving notification from the C the private operty owner shall remove the roots from the sanitary sewer lateral, and will m e all nec repairs to the sanitary sewer lateral to prevent a reoccurrence of root intrusion thatreaches the City's lower lateral. Any sanitary sewer lateral blockage that cannot be mitigated through implementation of reasonable measures by the property owner and /or a licensed professional sanitary sewer cleaning contractor shall be reported to the Public Works Depart immediately. The property owner shall reimburse the , for all reasonable costs', 'as determined by the City, incurred by the City relative to any wor or services rendered to remove a blockage or repair or otherwise work on a sewer line facilit which is the responsibility of the property owner. The City shall only maintain the sanitary sewer la oral from the cleanout wye, inclusive of the cleanout wye, to the City sanitary sewer main undeifli; fetowmg circumstances: A. A ,cleanout is either i n the sidew'alk, or within two and one -half feet of the face of curb or edge o f pavement where there is no sidewalk, or in a side or rear yard within two and one-half of/the City main; when the cleanout is located outside of these designated areas, the property;wner is responsible for maintaining the sanitary sewer Lateral all the way to the City'sanitary sewer main, including the wye connection at the main. The above maintenance responsibilities shall be conducted in full compliance with all applicable requirements contained in this chapter. B. Prior to the `City's acceptance of maintenance responsibility for that portion of a sanitary sewer lateral from a newly installed cleanout to the main, including the wye connection to the main, the property owner shall be responsible for having this section of lateral inspected internally by a closed circuit television camera and providing these results to the City for review. If the City determines that this section of the lateral is defective and does not meet City's requirements, the propert y owner shall be required to perform all repairs necessary to bring the condition of the lateral up to City standards. Property owner must obtain an encroachment permit from the City prior to performing any required repairs on the City's right -of -way. The City will accept maintenance responsibility for the section of the lateral from the new cleanout to the main only after both of the following conditions have been met: (1) the City has issued an encroachment 8 permit for the required repairs in the City's right -of -way, and (2) all repair work is completed to the City's satisfaction. C. Where a property owner, or tenant in the absence of action by the property owner, refuses to mitigate a condition that causes sewage to leak from the sanitary sewer lateral after discovery or notification by the City, or if action is not effective, the City has the option to either make the repairs itself or hire a licensed contractor, all at the owner's expense, to mitigate the condition. If payment is not made by the owner, the City may impose a property tax lien to recover all of its costs associated with repairing the leakage. 14.140.160 Abatement of Leaks, Breaks, and Improper Sanitary Se5onditions A. All sanitary sewer laterals, cleanouts and sanitary sewer .urtenances which are found ce,; %�r� to contain leaks, breaks, uncapped cleanouts, down s.,• gt '�° . d drains which discharge into the City's wastewater collection system, and a ny our : accidental, negligent or intended introduction of storm water into the Cit wastewate c ollection system are declared to be a violation of this chapter, ands` l be abated by thep ,perty owner, who �eq�� is required to remove or correct such improper sanitary sewer connecct s The property owner shall have thirty days from the date of the City's notice of violation to obtain permits and make repairs unless public heap, and safety considerations require earlier action. If the work is not completed within this time -Fame, the City, at its option, may either make the repairs itself or hire a licensed contractor to mitigate the condition all at the owner's expense. If payme not made by the owner, the City may impose a property tax lien to recover all'/costs 'associated with mitigating the improper sanitary sewer connection. B. Where a sanitary sewer overflow has occurred in City s wastewater collection system as a result of a blockage, break or other is' u e in a sanitary sewer lateral, the property owner shall obtain permits and repair or replace the sanitary sewer lateral causing the sanitary sewer overflow within one hundred and twenty (120) days, unless: 1 , T eproperty owned by the property owner is undergoing an extensive remodel, in z /zz which .cue the repair and /or replacement of the sanitary sewer lateral shall occur Vi z, no later t the new occupancy date for the building, or ) The property owner claims financial hardship, in which case the City may /conduct the repair or replacement and may impose a lien on the property to 'river costs. , If the work is'notcompleted within this time frame, the City, at its option, may either make the repairs itself or hire a licensed contractor to mitigate the condition all at the owner's expense. If payment is not made by the owner, the City may impose a property tax lien to recover all costs associated with mitigating the improper sanitary sewer connection. 14.140.170 Testing and Replacement of Sanitary Sewer Laterals A. A property's sanitary sewer lateral(s) shall be tested for inflow and infiltration and all necessary repairs or replacement work shall be completed by the owner and approved by the City prior to transfer of title whenever any property is to be transferred to or vested in any other person or entity and such property includes any buildings or structures 9 constructed more than twenty years prior to the anticipated date of transfer of ownership. Normally such testing need not be considered in the following circumstances: 1) For a period of five years following a test which sanitary sewer lateral passed; 2) For a period of twenty years after acceptance, by the City, of work performed for replacement of the complete sanitary sewer lateral; B. The Public Works Director /City Engineer shall establish or approve testing procedures. Testing will be the owner's responsibility. 14.140.180 Inspection of Sanitary Sewer Laterals as Precondition for Obtaining a Building Permit A. For any project requiring a building permit where plumbing fixtures are added to the property, and /or more than twenty -five percent„ e building area is being remodeled, altered or enlarged, the project applicant or'pperty owner shall inspect all sanitary sewer laterals on the property for defects and satisfy the requirements in this section before a building permit is issued. B. Sanitary sewer laterals are to be inspected fly property owners, and their condition evaluated by the City, according to the process set forth below. 1) The inspection must be conducted by a licensed, plumber or sewer contractor using a closed circuit television camera, or CCTV, to adequately evaluate the internal condition of the sewer lateral 2) Upon Completion of the inspection, t he person conducting the inspection shall provide a copy of t video of the inspection to the City for viewing and evaluation by the City. 3) The City shall, evaluate the video for defects including blockages, structural • defects; i ll i cit connect open joints, appropriate cleanouts, materials that do not have a remaining design life of twenty -five years, missing sewer relief valves and sewer backwater -valves. 4) A sewer lateral shall be considered in compliance with the provisions of this chapter, and, a building permit will be issued, if the video of the inspection verifies all of the following conditions, to the satisfaction of the City: a. The sewer lateral is free of roots, deposits of FOG, or other solids which may impede or obstruct the flow of sewage. b. There are no illicit or illegal connections to the sewer lateral which would cause inflow, such as roof leaders or yard drains. c. All joints in the sewer lateral are tight and sound to prevent the exfiltration of sewage or the infiltration of groundwater. 10 d. The sewer lateral is free of structural defects, cracks, breaks, or missing portions and the grade is reasonably uniform without major sags or offsets. e. The sewer lateral is equipped with cleanouts per city standards. f. The sewer lateral is constructed of materials with a remaining design life of at least twenty -five years. 5) Any defects in the sewer lateral that cause the sewer lateral to fail the inspection must be repaired or replaced within ninety days of the date the City determines that a defect exists. Proof of the repair or replacement as'directed by the City must be provided to the City before a building permit v ill e issued. 14.140.190 Sidewalk Cleanouts A. Sidewalk cleanout construction details and mat*inl specification's shall conform to the current edition of the City specificatiod standard plans for public works construction, a copy of which is availablor viewing at the public works engineering office or on City's website. Cleanouts, t existing, all be installed t the owner's / expense under any of the conditions listed b' ;v. ih 1) All new construction; 2) On remodels where plumbing fixtures are addett to the property, and /or more than twenty -five percent of the building area is being re+deled; 3) When any p acem nt or repair is performed on the sanitary sewer lateral; 4) Whenever backflow,protection and/or relief device is installed; 5) When a �pr erty ass'bee dJ raged by the blockage of the City sanitary sewer i % / % / i / '!% 6) On all st where a pump is used to lift sewage to the sanitary sewer lateral y� ', and City s sewedmain or on structures where the elevation of any floor is at or below the invert of the City sanitary sewer main, or where a condition may exist where a pl g in the City sanitary sewer main will cause the hydraulic grade ''lie to rise above the lowest floor level. B. Failure of the©wner to install a sanitary sewer cleanout for or as a result of any of the above conditions shall relieve the City of any and all responsibilities for any and all subsequent damage caused by sanitary sewer overflows. 14.140.200 Inspection and Correction upon Sale A. Whenever any property is to be transferred to or vested in any other person or entity and that property includes any buildings or structures constructed more than twenty (20) years prior to the date of transfer or vesting, the sewer lateral(s) to that propert y shall be tested for infiltration and all necessary repairs or replacements performed to prevent all infiltration. The Public Works Director /City Engineer shall establish or approve testing 11 procedures. All repair or replacement work shall be completed and approved by the City prior to transfer of title. B. Exceptions: This section shall not apply: 1) To condominium or cooperative apartment buildings or the units within those buildings, except as a condition to conversion to a condominium or cooperative apartment building; or 2) For five (5) years after acceptance of a test pursuant to,, ,his section if partial or no repairs of the lateral were required and any repairs % / completed pursuant com leted ursuant to t1. permit and inspection by the City; or /%� , 3) For five (5) years after inspection and approval by4the City of completed alterations to the lateral, if alterations pursuant to a CitYielinit were made to the location of or connections to the lateral; following a test pursuant to this section; or 4) For twenty (20) years after acceptance of work if replacement o the complete sewer lateral was performed; or 5) If the Public Works Director /City Engineer determines testing is unnecessary because the piping has Jess than three (3) joints and the total length does not exceed ten (10) feet. ,, C. For purposes of this City of South San Francisco Anneipal Code, a sewer lateral shall be deemed to be the piping and sewer appurten outs a structure or traveling between two (2) or more structures and terminating at a clean out, wye, or manhole acceptable to the Public Works Director /City Engineer Any modification to the sewer lateral shall be performed and inspected under the requirements of this code and established City procedures. D ,P r to the close of escrow upon a sale or other transfer of the house, building, property or other structure served. If there is no escrow, prior to recording a deed or other P4ocument transferring title to the house, building, property or other structure served. i 12 SSF REPAIR /REPLACEMENT OF SEWER LATERALS USING POINT -OF -SALE MANDATES Total # of dwelling units in South San Francisco* 21,000 *per blended Census -ABAG data /rounded for caluclation purposes Number of home sales (turnover) in the past year (2011) ** 420 - a Number of home sales (turnover) in the past three years (2009- 2011) ** 1,940 - b Number of home sales (turnover) in the past five years (2007- 2011) ** 3,235 - c a - 2% of housing stock b - total of 7.6% of housing stock - 2 %- 2011/2 % - 2010/3.6% -2009 c - total of 13.4% of housing stock - 3 %- 2008/2.8% -2007 ** per MLSListings.com and DataQuick Assuming an average of 2.8% turnover in the housing stock (based on the above statistics), it will take approximately 36 years to repair /replace all sewer laterals using POS. Proposal to Implement a Sewer Lateral Construction, Inspection and Responsibilities Ordinance City of South San Francisco Council Study Session i �� January 17. 2012 � Why do we need a lateral ordinance? • SSF currently has no specific lateral guidelines — Municipal code not clearly enforceable as is • Baykeeper litigation — Environmental/regulatory compliance — Orangeburg pipe 2 B aykeeper Consent Decree "Within 180 days of the Effective Date, the City Manager shall propose and recommend to the South San Francisco City Council, with notice to Baykeeper, the adoption of an ordinance that requires property owners to inspect Private Laterals upon sale of a property and to replace defective Private Laterals made of Orangeburg pipe as a requirement of transfer of the property. % The City Council shall take final action on the City Manager's recommendation within ninety days. If the City Council does not enact the Ordinance within such ninety -day period, the City shall propose to Baykeeper an alternative means for securing the replacement of such defective Private Laterals that will secure a rate of replacement of such defective Private Laterals equivalent to the rate of replacement that would have been secured by implementation of the Ordinance." 3 i How the system works sanitary sewer 1 catch basin I storm sewer . „ 4 40111. 4 40. I o p, 4000; WA St eW P treatumni plant r vstlftev _ fatrwatef 3 treated wastewater Also flowing into • Business • Commercial • Office Parks the sewer system: • Manufacturers • Photo Shops • Hotels is at a 00 • �►. Edge of prop or Cleanouts where feasible a al Street H Indoor public Plumbing U• • ` - Sewer k - er � Main P rivate Buddi Lateral / 5 B enefits of a functional lateral • Properly functioning laterals prevent infiltration • Less water goes to the Water Quality Control Plant — Lower energy costs — Lower chemical costs — Increases capacity • Lower chances of sewage overflow at WQCP into Bay • Less costs to the homeowner Rainwater infiltration into sewer line 6 Exfiltration ar. • 41, '1411111.111111114 1111 "14" , 1146. e I ' - ' r r Typical ' Er, * failure • • point 4 "7 Why a Sewer Lateral Ordinance? • Major provisions: — Assigns and clarifies responsibility for the private lateral to the property owner — Upon transfer /sale of a property, the seller must have the sewer lateral inspected (private plumber) — If lateral is found to be defective, owner must repair or replace it prior to completion of sale — Protects public health and safety Sewer Lateral Ordinance • Major provisions: — Strengthens permit requirements — Faulty laterals on abandoned properties are subject to removal by the City — Enacts stronger design standards to ensure compatibility with City's sewer lines — Enacts inspection and testing requirements 9 Sewer Lateral Ordinance • Major provisions: — Allows the City to require property owners with leaking /broken laterals to replace /repair them at their expense — Sewer lateral inspections are required when performing major renovations to a property Orangeburg Pipe • Made of paper and tar • Popular in the 1950s and 60s due to their low cost • Advertised lifespan of 50 years (many exceed) • 35% of SSF residences have Orangeburg laterals • 45% of residences do not have City - approved cleanouts • 75% of businesses /industrial do not have City- approved cleanouts reprir. 11 0411,i , y ir ‘'t yr 'ipi , 1 1, 0-Rrir - . ' t , .. • ip -Tw ,.."-- . . 4 "yr # T .a.ea ' • ... > mie • : . . . _. # , . 1 I s, „): ...: asie. ..-• , • ..., '-''. - IL ••• A ''' . .. .'. -., - _......0 v , tit , . , . - 4 • 0 ' i % - . . ' .J t - - 7 : . • ,...11- c , , ,- 'te 4ir ite' X ... . 1 ' 4111 # 4 4111414. -, 1 d __...,..m.i....„,........ . . I ...........f , . . , • ,. C■1 V"' * .. .. - *** . 4. . 0 me ''''*. & e ; ' . ,' *. . ., - . . , 4 4 Nook,*„ 4 0 , . k 0, 4.*100%..........„ • '''' ' , ''''''''`Z-4.....,,,,...,' . * ' . ' , . .. ti.. ... . ... . * , ..... , ... , . ' -- a - 4 ,A,, v ,,-P r ,.;$.-,11. 4... * '., 4,' , - - • .., - ,' 4° ---"- , - - - .... , es..,0* 4., 41, , , „ ... 40 ,,,,, i 4 - , 4 , AL , 4 ■ 4 , i ,,, . . ,,,,,,. . , 4 i . . 4 ° '''''f' ' ,p .,•'. lar, , t , ,,.. „, , ,,,, 4 '.. , . ..„ „,.,,Ija . ..., l'f . . S . , „ 4 41.4, -- ' ' -0-4 ..„„.... -* ' or - , .......- ..,. - al. ,, ...- „ ,ltr, ' 4 4 • .. .. • . — - - - . ... ia'• e. — or lotItikk. .-- . • , 4. . el t s . i . i . i „ ^ -044;14,..07tisvg.,„.„.,.. ff r i Nt• • . .. Sewer Lateral Replacement Grant Program (SLRGP) • Occurred in 2006 and 2007 and required in mid -2011 as part of consent decree • Program requires $300,000 dispersed over 5 years period. ($60,000 /yr.) • Aids property owners with 50% (up to $2,500) of the cost of replacing their sewer lateral — Estimate 24 residences per year may benefit (26 in 2011) — Program will be in place for life of decree 14 CO L.... e ' I V I ..M. \ • E D V I co U O t.5 tt: . c w c c O E � O ._ cn cn -;-► U O . D Cn C — o_ . ...... ...., 7:5 c O O a) E 0 o C >% .92 Q a� a cu o CO CZ CO CO L_. c 0 a) E ca 2 . " -:- C - L. ti V c (7) = m cr a) . 22 a3 cz co CO 2 m w co O w oo a • • • • • • • • in e. Financial Information • Costs associated with lateral replacements - CCTV inspection: -$250 - Repair/replacement: - $4,000- $8,000 - Permits: -$100 -$500 - Total Costs: - $5,000- $9,000 iThAelvt 16 ,,,,,.\ if J t �! C O C!) C!) p 0 CO MI WWI= 0 01 s.4.4c "d • ., firr y Sta R eport DATE: January 17, 2012 TO: Honorable Mayor and City Council FROM: Susan Kennedy, Assistant to the City Manager Jason Rosenberg, Assistant City Attorney SUBJECT: SINGLE USE BAG ORDINANCE UPDATE AND REVIEW RECOMMENDATION Staff recommends that the City Council review this report on the Single Use Bag Ordinance, and provide staff with direction regarding whether to finalize the ordinance, along with any desired amendments to the draft ordinance, or whether to pursue participation in a possible uniform countywide ordinance. BACKGROUND /DISCUSSION This Staff Report is intended to update the City Council on the draft Single Use Bag Ordinance ( "Ordinance "). Since the Council adopted a resolution at its April 27, 2011 meeting establishing policy goals and asking for voluntary elimination of single use bags by members of the retail business community ( "Resolution "), staff has engaged in outreach to the local business community and the general public, monitored legislative efforts and prepared a draft ordinance for review and discussion. Terms of the Ordinance The Ordinance, as presently drafted, applies to "Retail Establishments" which are defined as any retail or wholesale store, that has five thousand (5,000), or greater, of gross square footage included as part of its business. This would include, but is not limited to: grocery stores, warehouse stores, hardware stores, liquor stores, drug stores, convenience food stores, pet supply stores and clothing stores. The Ordinance would, beginning on January 1, 2013, prohibit the distribution of single use bags at the point of sale by all Affected Retail Establishments. A "Single Use Bag" is currently defined as a carryout bag, made of paper or plastic, provided for the purpose of carrying purchased products away from the point of sale. Affected Retail Establishments would, however, be permitted to offer customers Recyclable Paper Bags or Reusable Bags at the point of sale. Additionally, the Ordinance currently exempts Produce (or Product) Bags from the Single Use Bag prohibition. This is so customers can keep prepared foods, meats and produce separate from other purchased goods. The Ordinance defines "Recyclable Paper Bags" as a paper bag that: (1) contains no old growth fiber; (2) is 100% recyclable overall and contains a minimum of 40% post- consumer recycled content; and (3) displays the words "Reusable" and "Recyclable" in a highly visible manner on the outside of the bag. The Ordinance defines "Reusable Bags" as those bags with handles specifically designed and manufactured for multiple uses (at least 125 times) and are washable or made of a material that can be cleaned or disinfected. Staff Report Subject: Single Use Bag Ordinance Update Page 2 The City Manager's office would be responsible for enforcement. The Ordinance provides that warnings would be issued for the first offense, and subsequent violations would result in a $100 fine for the first citation, and $200 for every subsequent citation. Summary of Outreach Efforts Outreach efforts have been extensive and have followed what was outlined in the April 27, 2011 Staff Report (copy attached). Staff has published articles in the Chamber of Commerce newsletter and e-news bulletin, fliers were distributed to all elementary school children announcing the voluntary program and the dates of public outreach meetings, fliers were also included in a Chamber newsletter announcing the dates of public outreach meetings, a mailing announcing outreach meetings to all businesses potentially impacted by a 5,000 square foot threshold, information was posted on the City's website and an article appeared in the South San Francisco Scavenger newsletter. Contact was also made with the CA Grocers Association and CA Retailers Association. The informational meetings were held to explain the Ordinance, show examples of alternative materials, and obtain input from business owners and the public. While overall response was minimal, the response we did receive was informative and has impacted how staff is proceeding with the development single use bag legislation. Direction Requested from Council • Affected businesses are currently 5,000 square feet. Should the affected businesses stay with the 5,000 square foot designation regardless of business type? Or should the Ordinance only apply to grocers and large pharmacy stores (similar to San Francisco's current approach), or cover all retail businesses regardless of type and /or size? • Some jurisdictions implement the ban and /or charge in phases. Should the Ordinance implement any parts of the ban in phases, for example, starting with large grocers and pharmacies and then phasing in other businesses at different thresholds? • A number of jurisdictions have exempted certain types of bags from the single use bag ban, such as produce bags, bags covering newspapers, and dry cleaning bags. Currently, the Ordinance only exempts produce bags. Which types of single use bags should be exempt from the ban? • Jurisdictions vary on the bag fee for recycled paper bags. The draft Ordinance establishes a minimum bag fee of at least $.10 per paper bag. Assuming a paper bag charge is desired, should the minimum charge remain at $0.10 per bag, or should it be a higher amount? • Currently, the draft Ordinance exempts the paper bag charge for those who are on food stamps or WIC. Should a draft Ordinance maintain this exemption? FUNDING There are no funding implications. Staff Report Subject: Single Use Bag Ordinance Update Page 3 CONCLUSION Council input and direction on the draft Single Use Bag Ordinance will allow staff to continue the necessary efforts to bring a final Ordinance before the Council for approval and/or to pursue efforts with the County of San Mateo. By: Approve '� _ - c) alb Susan E. Kennedy :. - M. Nagel Assistant to the City Manager City Manager �A ason Ro .A erg ssi r • t City Attorney Attachments: Draft Single Use Bag Ordinance April 27, 2011 Staff Report ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 8.64 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING THE REGULATION OF SINGLE USE CARRY OUT BAGS WHEREAS, the City of South San Francisco ( "City ") desires to protect the public health and the natural environment; and, WHEREAS, many retail establishments in the City provide customers with single use carryout bags at the point of sale; and WHEREAS, discarded single use bags represent a substantial portion of waste in the City's waste stream, and reduction of said single use bags is a necessary part of any effort to reduce the disposal of solid waste and the related environmental costs of waste management; and, WHEREAS, a reduction in the use of single use carryout bags throughout the City, and the associated increase in use of reusable bags is in the public interest; and, WHEREAS, in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ( "CEQA "), the City prepared and circulated an initial study and negative declaration ( "IS/ND ") analyzing the impacts of the proposed ordinance; and WHEREAS, the IS/ND concluded that adoption of the ordinance, could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and, WHEREAS, in accordance with established CEQA procedures, the City Council considered the IS/ND and the record of the proceedings, determined that there is no substantial evidence supporting a fair argument that adoption of the ordinance, will result in a significant environmental effect, and adopted the IS/ND as an objective and accurate document, prepared in accordance with CEQA, and which reflects the independent judgment and analysis of the City in the analysis of the environmental impacts of the plastic bag ordinance. NOW, THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1 FINDINGS. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §§ 21000, et seq. ( "CEQA ") and the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South San Francisco 1999 General Plan and General Plan Environmental Impact Report, including the updates; the South San Francisco Municipal Code; the Initial Study and Negative Declaration prepared for the Plastic Bag Ordinance; all reports, 1 minutes, and public testimony submitted as part of the City Council's duly noticed public hearing on [date]; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco does hereby find as follows: 1. The foregoing recitals are true and correct; the recitals and the findings contained therein are made a part of this ordinance. 2. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Susy Kalkin. 3. In accordance with CEQA, the City Council has considered the Initial Study and Negative Declaration for the Plastic Bag Ordinance, and based on the entirety of the record as described above, the City Council, exercising its independent judgment and analysis, has found that there is no substantial evidence supporting a fair argument that adoption of this Ordinance will result in a significant environmental effect (Resolution No. ). SECTION 2. AMENDMENTS The South San Francisco Municipal Code is hereby amended to add Chapter 8.64 to read as follows: CHAPTER 8.64: Single Use Bag Regulation 8.64.010 Defmitions (a) "Affected Retail Establishment" means any Retail Establishment located within the geographical limits of the City of South San Francisco that has five thousand (5,000), or greater, of gross square footage included as part of a retail business. (b) "City Facilities" means any building, structure or vehicle owned or operated by the City of South San Francisco. (c) "City Event" means any event organized or sponsored by the City or any Department of the City. (d) "Customer" means any person purchasing goods from a Retail Establishment. (e) "Person" means any natural person, firm, corporation, partnership or other organization or group however organized. (f) "Product Bag" or "Produce Bag" means any bag used exclusively to carry produce, meats, prepared food, or other food items to the point of sale inside a Retail Establishment, or to prevent such food items from coming into direct contact with other purchased items. (g) "Plastic Carry-out Bag" or "Plastic Bag" means any bag made from plastic (including compostable and biodegradeable plastic), excluding Reusable Bags, provided by a Retail 2 Establishment to a Customer at the point of sale for the purpose of carrying away goods from the point of sale. (h) "Recyclable Paper Bag" means a paper bag that meets all of the following requirements: (1) contains no old growth fiber; (2) is 100% recyclable overall and contains a minimum of 40% post - consumer recycled content; and (3) displays the words "Reusable" and "Recyclable" in a highly visible manner on the outside of the bag. (i) "Reusable Bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: 1. a bag with handles that is specifically designed and manufactured for multiple reuse; 2. is either: (i) made of cloth or other machine washable fabric; or (ii) made of other durable material suitable for reuse; and 3. does not contain lead, cadmium, or any other heavy metal in toxic amounts. This requirement shall not affect any authority of the Department of Toxic Substances Control pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20 of the Health and Safety Code and notwithstanding subdivision (c) of Section 25257.1 of the Health and Safety Code. (j) "Retail Establishment" means any commercial business facility that sells goods, retail or wholesale, directly to the ultimate consumer. A Retail Establishment includes, but is not limited to, grocery stores, warehouse stores, hardware stores, liquor stores, pharmacy or drug stores, convenience food stores, pet supply stores, hardware stores and vendors selling any combination of clothing, food and/or personal items. (k) "Single Use Carry -Out Bag" means a single use bag, either a Plastic Carry -out Bag or a single use paper bag, that is provided by Retail Establishments for the purpose of carrying away goods or other materials from the point of sale and is not a Product Bag or Produce Bag, nor a Reusable Bag, or otherwise designed for multiple reuse. 8.64.020 Single Use Carry - Out Bags Prohibited (a) On and after January 1, 2013, no Affected Retail Establishment shall provide Single Use Carry -Out Bags to customers at the point of sale, except as otherwise provided in this section. (b) A store may make Reusable Bags available for purchase by a Customer, as provided by this subsection. 1) A store may provide Reusable Bags to customers at no cost, until December 31, 2013. 2) On and after January 1, 2014, a store may provide Reusable Bags to customers at no cost only when combined with a time - limited store promotional program, or as provided in Subsection (c)(1). (c) Affected Retail Establishments may make Recyclable Paper Bags available to a Customer upon request, only as provided by this subsection. 3 1) Notwithstanding any other law, on and after January 1, 2013, a store shall provide a Customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with a Reusable Bag or a Recyclable Paper Bag at no cost at the point of sale. 2) On and after January 1, 2013, a store may provide to a Customer a Recyclable Paper Bag upon request, but are strongly encouraged to charge the Customer, except as provided m Subsection (c)(1), a reasonable cost for the Recyclable Paper Bag, but in no event should a Recyclable Paper Bag charge be less than ten cents per bag. 3) All revenue from sale of Recyclable Paper Bags at the point of sale are to be retained and used by the Affected Retail Establishments to further promote the use of Reusable Bags. (d) Affected Retail Establishments are strongly encouraged to provide incentives for the use of Reusable Bags through education and through credits or rebates for Customers that use Reusable Bags at the point of sale for the purpose of carrying away goods. (e) No person shall distribute Single Use Carry -Out Bags at any City Facility or any City Event. All City departments and agencies shall not purchase or acquire Single Use Carry-Out Bags for use at city facilities. 8.64.030 Exemptions The City Manager, or his or her designee, may exempt an Affected Retail Establishment from the requirements of this Chapter for a period of up to one additional year after the operative date of this Ordinance, upon sufficient showing by the applicant that the provisions of this Chapter would cause undue hardship. The phrase undue hardship includes: (a) Situations where there are no acceptable alternatives to Plastic Carry-Out Bags for reasons which are unique to the Affected Retail Establishment; (b) Situations where compliance with the requirements of this Code would deprive a person of a "legally protected right." 8.64.040 Enforcement and Notice of Violations The City Manager or his/her designee will have primary responsibility for enforcement of this chapter. The City Manager or his/her designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, entering the premises of any Affected Retail Establishment to verify compliance. The City Manager or his/her designee is authorized to take any and all actions reasonable and necessary to further the purposes of this chapter or to obtain compliance with this chapter. 4 (a) Any person violating any of the provisions of this chapter is guilty of an infraction punishable as provided in Chapter 1.24. (b) The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter and any regulation or administrative procedure authorized by it. (c) The remedies and penalties provided in this section are cumulative and not exclusive of one another. 8.64.050 Penalties and Fines for Violations Violations of this Ordinance shall be enforced as follows: (a) For the first violation, the City Manager or his /her designee, upon determination that a violation of this chapter has occurred, shall issue a written warning notice to the Retail Establishment specifying the violation and the appropriate penalties in the event of future violations. (b) Thereafter, the following penalties shall apply: (1) A fine of one hundred dollars ($100.00) for the first violation following the issuance of a warning notice. (2) A fine of two hundred dollars ($200.00) for the second and any other violation that occurs following the issuance of a warning notice. (3) Fines are cumulative and each day that a violation occurs shall constitute a separate violation. (c) Affected Retail Establishments may request an administrative hearing to adjudicate any penalties issued under this chapter by filing a written request with the City Manager or his /her designee. The hearing procedures set forth in Title 1 of the South San Francisco Municipal Code shall be followed. Any determination from the administrative hearing on penalties issued under this chapter will be final and conclusive. 8.64.60 No Conflict with State or Federal Law Nothing in this ordinance is intended to create any requirement, power or duty that is in conflict with any federal or state law. SECTION 3 SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would 5 have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 4 PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the day of , 2012. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the day of , 2012 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this day of , 2012. Richard Garbarino, Mayor 6 c o s 44Z;41* a S taff Rep o rt DATE: April 27, 2011 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: A RESOLUTION ESTABLISHING POLICY GOALS AND TIIE IMPLEMENTATION OF A VOLUNTARY PROGRAM PROMOTING THE REDUCTION OF SINGLE USE BAGS THROUGHOUT THE CITY RECOMMENDATION It is recommended that the City Council adopt a resolution establishing policy goals and a voluntary program promoting the reduction of single use bags throughout the City. BACKGROUND/DISCUSSION The City Council has discussed the growing amount of litter in the City of South San Francisco ( "City "), along the Bay, and in Colma Creek. Accordingly, staff has been directed to explore possible options to reduce the prevalence of single use bags throughout the City, including development of a voluntary program that encourages the use of reusable bags. In the course of developing a policy to encourage reusable bags, staff has conducted research related to similar actions by other municipalities, associated interest group literature, reviewed city ordinances and met with representatives from municipalities throughout San Mateo County. Staff recommends that the City Council adopt a resolution promoting the voluntary use of reusable bags while staff continues to work with the local business community and residents to further develop an effective policy that is tailored to the needs of South San Francisco. PROGRAM DESCRIPTION The proposed program would call on residents and merchants to voluntarily reduce their consumption of Single Use Bags and use Reusable Bags instead ( "Voluntary Single Use Bag Reduction Program "). The Voluntary Single Use Bag Reduction Program would also ask merchants at Retail Establishments to voluntarily charge a reasonable fee ($0.05 - $0.10) when Single Use Bags are distributed to customers at the point of sale. The merchants would then be asked to use the revenue collected from the Single Use Bag fee to promote and encourage using Reusable Bags. Retail Establishments would be defined as "any store that is in the business of retail or wholesale sales to customers and the square footage of 1 retail space exceeds five thousand (5,000) square feet." A Retail Establishment would include: grocery stores, warehouse stores, hardware stores, liquor stores, drug stores, convenience food stores, pet supply stores, clothing stores and hardware stores. Additionally, the produce bag or product bag used to separate food and is not used to carry away products from the point of sale would not be subject to the Single Use Bag fee. Staff Report Subject Policy Goals Promoting the Elimination of Plastic Bags Date: April 27, 2011 Page 2 The idea of a Voluntary Single Use Bag Reduction Program has been previously raised with the downtown merchants and the Executive Director of the Chamber of Commerce. Should this resolution be adopted, staff is prepared to perform the following outreach activities: • Submit an article for the Chamber newsletter; • Send letters to members of the business community; • Schedule meetings with the business community and members of the public; • Post an article on the City's website; • Monitor current litigation and other legislative efforts related to single use bag and/or reusable bag ordinances; • Continue to participate in Countywide Recycling Committee meetings; and • Prepare a draft ordinance for subsequent consideration and review. Additionally, a bill has been introduced in the California Assembly (AB 298) that establishes statewide requirements for reusable bags. Staff will continue to monitor the bill's progress to ensure that any City Voluntary Single Use Bag Reduction Program is consistent with state law. CONCLUSION: Staffrecommends that the City Council adopt a resolution expressing the community and environmental benefits of reusable bags, encouraging the Voluntary Single Use Bag Reduction Program, and the intent to work with the local business community and residents. By: 4/C __ °.pprov- : ; 1 � " �—'7_ Marty Van Duyn ; .it' M Nagel Assistant City Ma er ity Manager Attachment: Resolution 1631990.1