City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Closed Session - 6:00 p.m.
General Session - 7:00 p.m.
Tuesday, February 18, 2025, 7:00 PM
COUNCIL CHAMBERS
1 Civic Center Circle
Brea, California 92821
Blair Stewart, Mayor Cecilia Hupp, Mayor Pro Tem Christine Marick, Council Member Marty Simonoff, Council Member Steven Vargas, Council Member This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection.
Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.gov. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.
Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State law generally prohibits the City Council from responding to or acting upon matters not listed on this agenda.
The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. Please silence all cell phones and other electronic equipment while the Council is in session. Thank you.
Written comments may be submitted in advance of the meeting by emailing [email protected].
Written comments received by 3 p.m. on the day of the meeting will be provided to the Council, will be made available to the public at the meeting, and will be included in the official record of the meeting.
Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II) Important Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.gov. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.
1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:00 P.M. 1A. Call to Order/Roll Call
1B. Public Comment
1C. Public Employee Appointment Pursuant to Government Code Section 54957(b). Title: City Manager
1D. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6. City Representatives: Council Member Marick, Council Member Vargas and Mario Maldonado, Human Resources Manager. Unrepresented Employee: City Manager
2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 2A. Call to Order/Roll Call
2B. Pledge of Allegiance: Girl Scout Troop 3033
2C. Invocation: Pastor Doug Green, North Hills Church
2D. Commendation: Senior Christmas Party 2024
2E. Presentation: Business of the Quarter
2F. Community Announcements
2G. Matters from the Audience
2H. Response to Public Inquiries
3. ADMINISTRATIVE ITEM
This agenda category is for City Council consideration of a wide variety of topics related to the City's operations. Public comments regarding items in this section should be presented during "Matters from the Audience."
3A. Consideration of Solid Waste and Recycling Service Rate Adjustments in Conformance with Senate Bill 1383, and Consideration a Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal) in Conformance with Senate Bill 1383, and Approve a CEQA Exemption.
4. CONSENT CALENDAR
The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience." 4A. January 28, 2025 Special Meeting Minutes
— 1. Approve.
4B. February 4, 2025 Special Meeting Minutes
— 1. Approve.
4C. February 4, 2025 Regular Meeting Minutes
— 1. Approve.
4D. Monthly Report of Investments for the City of Brea for Period Ended January 31, 2025 — 1. Receive and file.
4E. January Outgoing Payment Log and City Disbursement Registers for January 31, 2025 and February 7, 2025
— 1. Receive and file.
5. CITY/SUCCESSOR AGENCY - CONSENT
5A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended January 31, 2025
— 1. Receive and file.
5B. Successor Agency Disbursement Register January 31, 2025 — 1. Receive and file.
6. ADMINISTRATIVE ANNOUNCEMENTS
6A. City Manager
6B. City Attorney
6C. Council Requests
7. COUNCIL ANNOUNCEMENTS
7A. Council Announcements
8. ADJOURNMENT
8A. Meeting Adjournment
Date Posted: February 13, 2025
City of Brea
City Council Regular Meeting Communication
A. Consideration of Solid Waste and Recycling Service Rate Adjustments in Conformance with Senate Bill 1383, and Consideration a Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal) in Conformance with Senate Bill 1383, and Approve a CEQA Exemption.
Meeting
Tuesday, February 18, 2025, 7:00 PM
Agenda Group
ADMINISTRATIVE ITEM Item: 3A.
TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, Interim City Manager
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Consideration of a Revised Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal), and;
2. If Original Terms are approved, or the Revised Second Amended and Restated Franchise Agreement option is approved, adopt a Resolution approving City staff’s recommendation for the proposed solid waste rates for residential, commercial and multi-family customers, and;
3. If Original Terms are approved, or the Revised Second Amended and Restated Franchise Agreement option is approved, adopt a Resolution approving the Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal), and;
4. If Original Terms are approved, or the Revised Second Amended and Restated Franchise Agreement option is approved, find the Second Amended and Restated Franchise Agreement is exempt from the provisions of the California Environmental Quality Act (CEQA), and;
5. If none of the above Options are approved, provide further direction to City staff.
BACKGROUND/DISCUSSION
At the February 4, 2025, City Council meeting, the City Council conducted a Public Hearing to receive any comments from members of the public opposed to the proposed solid waste rate adjustments. The Public Hearing was opened and no members of the public spoke in opposition to the proposed rate adjustments. The Public Hearing was closed and City Council conducted a questions and answers session with staff and representatives from Republic Services.
Under the initial draft Second Amended and Restated Franchise Agreement (Agreement), the City retained full flow control for residential and commercial solid waste and residential organic waste, while Republic Services retained flow control for commercial organic waste. The City informed Republic Services of its desire to also retain full flow control for commercial organic waste. Under the revised Agreement, the City will retain full flow control for all residential and commercial solid waste and organic waste.
In exchange for the City’s request, Republic Services has proposed several revisions to the initial terms of the Agreement that was presented to the City Council at the February 4, 2025, meeting. Below is a summary of the proposed revisions.
Second Amended and Restated Agreement Proposed Revisions The initial draft agreement included a gradual seven-year transition for the residential rate adjustment index from the Consumer Price Index (CPI) to the Consumer Price Index for Garbage and Trash Collection Index (GTCI); and a five-year transition for the commercial rate adjustment index from CPI to the GTCI.
In exchange for the City to retain full flow control for both residential and commercial solid waste and organic waste, Republic Services has proposed an additional option related to modifications to the rate adjustment indexes for City Council consideration. This option is an alternative to what was initially negotiated. For the residential rate adjustment index, the phase in period from the CPI to the GTCI would shorten to a four-year phase in period. For the commercial rate adjustment index, years 2 through 6 will utilize the GTCI for the adjustment of the collection component of rates plus an additional 0.75% per year.
Below is the initial negotiated commercial rate for solid waste collection using the most common container size at 3 cubic yards. The initial rates will be effective until June 30, 2026 and are not adjusted by any rate index during the first year.
Under the revised index transition, the switch to the GTCI will take place in year 2 starting July 1, 2026. These projected year 2 rates below are based on an estimated 4% increase in Year 2 for the GTCI plus the additional
0.75% Republic Services is proposing. The average percent increase for the GTCI, from 2015 to 2023, is at 3.70% and has been rounded up to estimate the projected year 2 rate adjustment.
The table below outlines the initial negotiated commercial rate for recycling collection using the most common container size at 3 cubic yards. The initial rates will be effective until June 30, 2026 and are not adjusted by any rate index.
Below, using the revised index transition, the switch to the GTCI will take place in year 2 starting July 1, 2026, and shows the projected increase for commercial recycling container rates for the most commonly used 3 cubic yard container size. These projected year 2 rates below are based on an estimated 4% increase in Year 2 for the GTCI plus the additional 0.75% Republic Services is proposing. The average percent increase for the GTCI, from 2015 to 2023, has been 3.70% and has been rounded up to estimate the projected year 2 rate adjustment.
The table below shows the initial negotiated commercial rate for organic waste collection using the most common container size for a 65 gallon cart. The initial rates will be effective until June 30, 2026 and are not adjusted by any rate index.
Under the revised index transition, the switch to the GTCI will take place in year 2 starting July 1, 2026. These projected year 2 rates below are based on an estimated 4% increase in Year 2 for the GTCI plus the additional
0.75% Republic Services is proposing. The average percent increase for the GTCI, from 2015 to 2023, has been
3.70% and has been rounded up to estimate the projected year 2 rate adjustment. Below is the projected increase for commercial organic waste rates for the most commonly used container size.
Additionally, in exchange for the City retaining full flow control for all residential and commercial solid waste and organic waste, Republic Services also requested the following revisions to the initial negotiated terms:
Republic Services would retain full flow control for all residential and commercial recyclable materials Streamlined reporting requirements in Exhibit F. The prior draft Agreement included reports above and beyond SB 1383 requirements
Re-opener language to reset the landfill disposal amount upon the approval of the new County waste disposal agreement
Republic Services Contract Negotiations Results
At the January 17, 2023, Brea City Council Meeting, the City Council created a Solid Waste Ad Hoc Committee (Ad Hoc Committee). It assigned Council Member Hupp and Council Member Vargas to serve on the committee. Since then, the Ad Hoc Committee and City staff have been engaged in extensive negotiations with Republic Services to reach a comprehensive agreement that will provide all the additional services the City must implement to comply with SB 1383 regulations. This Second Amended and Restated Franchise Agreement will memorialize each party's rights and obligations in a single document to implement an SB 1383-compliant program in Brea. The tentative Agreement is being presented for City Council consideration. Below is a summary of some of the new provisions.
Residential and Commercial Rates
A significant component of the Second Amended and Restated Franchise Agreement (Agreement) is implementing a residential curbside organic waste collection program. Under the new program, single-family residential locations can place food scraps in their yard waste cart; thus, the yard waste cart will now be considered an organic waste cart. The residential curbside organic waste collection program was a service that was not part of the prior 2002 Agreement. This component was also one of the crucial activities identified in the City's CAP with CalRecycle.
Table 1 compares single-family residential (curbside) rates of Orange County cities that contract with Republic Services. When reviewing the table, it is essential to note that some cities that contract with Republic Services have not yet implemented a residential organic waste collection program. Once all cities have implemented a program, Brea's single-family rate is anticipated to be closer to the median of cities that contract with Republic Services.
1 Rate includes 3 carts - regular trash, recycling, and yard/organic waste 2 Residential curbside SB 1383 program not implemented
The City of Brea had already established an organic waste collection program for commercial properties under the 2019 CORP agreement to comply with prior organic waste legislation (Assembly Bill 1826). Under SB 1383 regulations, multi-family locations consisting of 5 dwelling units or more are considered commercial entities and fall under commercial services. Through extensive negotiations by the City's Ad Hoc Committee, commercial rate increases were minimized. The amended Agreement keeps commercial rates competitive compared to other Orange County cities that contract with Republic Services.
Table 2 compares commercial/multi-family rates for the most commonly used container size for cities that contract with Republic Services. Under the negotiated terms, Brea will be the second lowest for this container size among cities serviced by Republic.
1 Most commonly used container size Commercial/Multi-Family locations 3 cubic yard bin Table 3 compares commercial/multi-family rates for the most commonly used recycling container size for cities that contract with Republic Services. Through negotiations, Brea is in the top half of rates for containers this size.
1 Most commonly used container size Commercial/Multi-Family locations 3 cubic yard bin The City's Ad Hoc Committee also secured no rate increases for commercial organic waste collection services. The proposed rate will place Brea in the median of cities contracting with Republic Services. 1 Most commonly used container size Commercial/Multi-Family locations 65-gallon cart The amended Agreement also provides customer credits for potential future labor unrest which may impact services. This provision will allow customers to receive compensation for any missed service days.
Additionally, the amended Agreement retains the fifty percent revenue sharing from the sale of recyclable materials collected by providing residential customer rebates.
Liquidated Damages
The amended Agreement contains new liquidated damages provisions to help ensure Republic Services is adhering to performance standards. These liquidated damages allow the City to hold Republic Services accountable for substandard service by imposing monetary penalties. Below are some of the liquidated damages the City would be able to impose:
Failure to collect discarded materials that have been adequately set out for collection - $100 per occurrence.
Failure to collect illegally dumped bulky goods within two days of notification by the City -$100 per day.
Failure to clean up vehicle leaks or spills within the agreed time-frame - $500 per occurrence.
Failure to record a response to a customer complaint or request within 24 hours of resolution—$100 per occurrence.
Failure to repair or replace a damaged or missing container within two working days of a request from the City or a customer—$50 per day.
The complete list of liquidated damages can be found in Section 12.6 of the attached amended Agreement.
Flow Control
Under the initial negotiated terms, the City retained flow control rights for solid waste disposal for singlefamily and commercial customers. In addition, the Amended Agreement explicitly designates that the City will retain flow control for single-family residential recycling materials and organic materials, a key provision that the City retains. This allows the City to direct which facilities these materials should be taken to for processing and disposal. Retaining this option could minimize future rate adjustments for single-family residential customers by allowing the City to designate facilities that may have lower processing and disposal costs.
Outreach and Education Requirements
The amended Agreement contains additional education and outreach activities that City staff and Republic Services will conduct. These efforts will be key to the City's compliance with SB 1383 to inform residential and commercial customers of new service levels, container configurations, and recycling requirements. Upon approval of the amended Agreement, City staff and Republic Services will begin notification of the new service collection program. This will include mailings to all residential and commercial customers regarding the new program requirements, updates on both Republic Services and City websites, quarterly newsletters, and informational posts on the City's social media platforms. Republic Services will be required under the amended Agreement to provide continuous education and outreach to all residential and commercial customers annually to ensure SB 1383 compliance.
Moreover, Republic Services will assign a full-time, Brea-dedicated Recycling Coordinator/Sustainability Advisor and one part-time route auditor to assist with citywide education and outreach efforts, participate in community events, conduct waste audits, resolve customer complaints/requests, and perform additional compliance efforts.
Once the amended Agreement is approved, Republic Services will distribute a new cart label to all singlefamily residential locations in the City. Residents will place these new labels on their yard waste containers to identify the expanded accepted materials for collecting all organic waste. This is because Brea's current residential yard waste carts do not meet SB 1383 labeling and color requirements. With the goal of limiting the increase to residential rates, the temporary labels were a compromise, allowing the current carts to continue to be used until they become damaged or worn. Once the cart has reached the end of its useful life, it will be replaced with an SB 1383-compliant cart. Under SB 1383, current carts are allowed to be used until January 1, 2036.
Monitoring and Reporting
The amended Agreement contains provisions for contamination monitoring and reporting requirements to comply with SB 1383 regulations. Republic Services will be required to perform container contamination monitoring, conduct route reviews of containers for prohibited container contaminants, prepare reports, and assist customers in reducing the levels of contamination in their containers.
Upon identification of prohibited container contaminants, Republic Services shall provide the customer with a notice of contamination, either as a courtesy pick-up notice or a non-collection notice. Commercial customers who receive a notice will be informed of the observed presence of prohibited container contaminants, information on the customer's requirement to properly separate materials into the appropriate containers, and information that contamination fees may be assessed following one instance of contaminated materials for commercial customers. Residential customers will be notified via a non-collection notice of container contamination and instructed to properly separate the materials into the appropriate container before servicing them.
Republic Services will also be required to maintain a container contaminant log and fee assessment report, which will be included in monthly activity reports for the City. These reports will be required to maintain compliance with the record-keeping requirements under SB 1383. Furthermore, Republic Services shall prepare and submit the draft CalRecycle Electronic Annual Report (EAR) to the City for review and approval by July 1 of each year. All jurisdictions are required by the State to submit an EAR annually to monitor progress in implementing solid waste and recycling laws.
Food Recovery Assistance
The amended Agreement contains a provision to assist with identification and outreach to Commercial Edible Food Generators (CEFG) as part of food recovery efforts. Under the amended Agreement, Republic Services will provide a $45,000 annual lump sum to help fund an agreement with a food recovery organization to facilitate food recovery efforts. City staff and Republic Services will annually provide education outreach, legislative requirement reminders, and training to all on-site employees for CEFG to ensure SB 1383 compliance. Furthermore, Republic Services will be expected to facilitate the growth of food recovery efforts in Brea for Edible Food Recovery Organizations to ensure a collaborative approach to reducing food waste within the community.
Initial Negotiated Rate Adjustment Indexes
The initial negotiated revised rate adjustment indexes for residential and commercial collection was agreed upon to facilitate a gradual transition from the current Consumer Price Index (CPI) towards utilizing the Garbage and Trash Collection Index (GTCI), which is due to its tailored relevance to the solid waste industry.
The GTCI directly correlates to fluctuations in the costs associated with waste collection, disposal, and recycling processes, providing a more accurate reflection of the waste hauler's operational expenses. This focus allows for better resource allocation and ensures the rate adjustments align more closely with actual service delivery costs rather than general economic indicators. Additionally, utilizing the GTCI can enhance transparency for residential and commercial customers, as they can better understand how their rates are connected to the structural costs of waste management and maintain the high standards the City of Brea has for keeping a clean community.
The rate adjustment formula for residential customers to gradually transition from CPI to GTCI is as follows:
Year 1: 100% CPI
Year 2: 100% CPI
Year 3: 70% CPI and 30% GTCI
Year 4: 60% CPI and 40% GTCI
Year 5: 50% CPI and 50% GTCI
Year 6: 70% GTCI and 30% CPI
Year 7: 100% GTCI
By Year 7, the rate adjustment index will fully transition to the GTCI until the end of the Agreement's term.
Commercial customers will experience a similar rate adjustment formula, transitioning from CPI to GTCI as follows:
Year 1: 100% CPI
Year 2: 70% CPI and 30% GTCI
Year 3: 50% CPI and 50% GTCI
Year 4: 70% GTCI and 30% CPI
Year 5: 100% GTCI
By Year 5, the rate adjustment index will fully transition to the GTCI until the end of the Agreement's term. This structured adjustment strategy aims to prevent sudden spikes in commercial collection rates, allowing businesses to better budget their expenses over time.
Overall, a transitional approach helps mitigate the financial impact on residential and commercial customers, allowing a smooth transition to the agreed-upon adjustment indexes without causing abrupt rate increases.
In addition, the rate adjustment methodology was updated in the amended Agreement. The collection component now includes the hauler's processing costs. The prior agreement rate calculations also included a disposal per ton component, which included transfer fees. This component was simplified under the amended Agreement. It will now be based on the actual percent change in the gate rate at County landfills.
Furthermore, the amended Agreement contains added provisions to guard against any extraordinary rate increases. Republic must formally request any extraordinary rate increases outside of annual rate adjustment indices. In this instance, the request cannot be related to changes in recyclable materials or organic waste processing costs, changes in the market value of recyclable materials, inaccurate estimates by Republic of its proposed cost of operations, or changes in wage rates or employee benefits. In addition, for any extraordinary rate adjustment request, Republic must provide supporting documentation demonstrating how total costs and revenues have changed over the past three years for services provided under the amended Agreement.
The City also retains the right to audit this information concerning any extraordinary rate adjustment request.
City and Community Services
The amended Agreement also contains additional benefits to the community and City. Republic Services will continue to provide solid waste and recycling collection and disposal services for City-sponsored events at no cost. The amended Agreement also annually provides seven 40-yard roll-off containers for the City to utilize for neighborhood or other cleanup events such as Love Brea. Republic will also provide up to 20 tons of compost and/or mulch for community giveaway events for Brea residents to pick up. This material will assist the City in achieving its annual recovered organic target. Additionally, the amended Agreement includes a new annual mobile paper shredding event where residents can take old paperwork to be securely shredded onsite.
Compliance with other State Laws
The amended Agreement will help the City maintain compliance with other State laws regarding solid waste and recycling, including:
AB 939 - Adopted in 1989, AB 939 (the California Integrated Waste Management Act of 1989) provides the statutory framework for solid waste collection and diversion by jurisdictions in the State AB 341 - Adopted in 2012, AB 341 required mandatory commercial recycling and set forth a state diversion goal of 75% by 2020
AB 1826 - Adopted in 2014, AB 1826 required mandatory commercial organics (food and green waste) recycling from businesses and green waste recycling from multi-family units (five or more units) by April 2016. Food scrap recycling programs were also required to be offered to businesses meeting the thresholds of the law
AB 1594 - Eliminated allowing the use of green (yard) waste for alternative daily cover at landfills as a diversion credit in state reporting starting in January 2020 SB 1383 - Effective January 1, 2022, SB 1383 established goals to reduce short-lived climate pollutants (e.g., greenhouse gasses) by 75 percent by 2025 throughout the State. In particular, focusing on methane gasses released from landfills from decomposing organic material. The law also set a 20% recovery threshold for edible food from being disposed in landfills.
Environmental Determination
The City Council finds and determines that approval of the 2025 Franchise Agreement and the Proposed Rate Adjustments is exempt from California Environmental Quality Act ("CEQA") review under statutory and categorical exemptions, including those outlined in California Code of Regulations Title 14, Sections 15061(b) (3), 15273(a), 15301, and 15308. Development and implementation of the amended organic waste collection services under the 2025 Agreement is a requirement of SB 1383 and CalRecycle and is exempt from CEQA because it is an action under a regulatory requirement to assure the protection of the environment and involves procedures for the protection of the environment. Furthermore, the amended organic waste collection services apply to the City's existing volume of generated solid waste, which has no expansion of use. The Proposed Rate Adjustments are necessary to meet the operating expenses of the organic waste collection program. These approvals are additionally exempt under the general rule that CEQA applies only to projects that can potentially cause a significant effect on the environment.
Cost-of-Service-Study
The proposed solid waste rate adjustments are needed to comply with new unfunded State regulations required by SB 1383. They also coincide with the Second Amended and Restated Franchise Agreement being presented for City Council consideration. The proposed rate adjustments will allow for Republic Services to implement a residential curbside organic waste collection program, expand current commercial organic waste collection services, procure additional collection carts and vehicles, implement monitoring and reporting functions, assist with edible food recovery efforts, and incorporate additional service measures to ensure compliance with SB 1383.
NewGen Strategies and Solutions, LLC (NewGen) conducted a cost-of-service study (Study) (Attachment B—Solid Waste Cost of Service Study Memorandum), which examined the City's Sanitation and Street Sweeping Fund (Fund 440). The Study focused on residential solid waste collection services to determine if the proposed rate adjustment will meet the cost-of-service requirements to ensure the continuous delivery of essential sanitation services and implement additional services to comply with SB 1383 regulations.
The Study analyzed historical data for Fund 440 from the past five budget cycles, the current Fiscal Year budget for Fund 440, and Republic Services' estimated cost for residential organic waste collection service to design rates for the City for Fiscal Year (FY) 2024-2025. The Study also removed 15% of City staff salary expenses to account for assistance provided to commercial customers as part of daily City functions.
Under current year projections, the cost to provide residential solid waste collection is $4,061,390. This cost does not include the additional amount to implement the new residential curbside organic waste collection service. The current revenues generated at the current curbside cart rate is $3,857,941. This results in a current under-recovery of costs of $203,449. The solid waste franchise fees collected in FY 23-24 were $1,164,193, included in the City's General Fund revenues. These revenues are utilized for various General Fund activities. They are not intended to administer the solid waste program. As a result, Table 5 shows the amount of solid waste franchise fees collected and the General Fund subsidies to Fund 440. Enterprise funds should strive to be cost-neutral and not be provided subsidies from General Fund revenues.
*Cost projection does not include additional residential organic waste collection costs After reviewing historical and current budget data, NewGen determined that the total revenue requirement to achieve cost recovery for residential solid waste services in Fund 440 for FY 2024-2025 is $4,504,926. According to the Study, most of those costs, which amount to $3,440,310, are related to the contract with Republic Services. The remaining costs are for salaries and benefits of City staff to administer the solid waste program and provide residential billing services. There is an additional cost of $487,740 in FY 2024-2025 for Republic Services to implement the new curbside residential organic waste collection service. This new service is a significant component of the Second Amended and Restated Franchise Agreement. Table 6 outlines the FY 2024-2025 revenue requirement for residential solid waste services.
The Study showed that under the current residential cart rate of $27.80 per month, there is a projected underrecovery of $646,985 for FY 2024-2025. The under-recovery results from the total revenue from the current curbside cart rate of $3,857,941 compared with the future revenue requirement of $4,504,926 to implement the residential organic waste collection service and account for City administrative costs. Table 7 shows the difference between the current curbside cart rate revenues and the future revenues needed to cover service costs.
To achieve cost recovery, including the new curbside residential organic waste collection program, NewGen recommended a $4.79 increase to the current monthly refuse rate.
Based on the consultant's recommended $4.79 increase, $29.45 is comprised of the negotiated contract rate with Republic Services to implement required SB 1383 programs. The additional $3.14 would go to the City to cover costs for administration and oversight of the residential solid waste program and billing services.
After reviewing the study results, City staff conducted additional research to determine if any action could be taken to reduce the consultant-recommended residential rate. Staff determined that the recommended residential rate could be reduced due to current staffing vacancies in the Public Works Department. As a result, City staff's recommended adjusted residential rate is $31.27 per month which is $1.32 less than the consultant's recommended rate. This recommended residential rate is projected to result in an under-recovery of $158,930 for Fund 440, compared to the full cost recovery identified in the Study, by the end of FY 2024-2025.
The City staff proposed rate retains the negotiated contracted rate to allow Republic Services to implement required SB 1383 programs and maintain minimum service levels provided by City staff for the remainder of FY 2024-2025. The proposed adjustments account for all labor, equipment, materials and supplies, insurance, overhead, transfer, and disposal necessary to perform all services. With its consultant, the City has reviewed the overall proposed rate adjustments as part of the Study and determined them to be reasonable.
Furthermore, the proposed rate adjustments will allow the City to implement the necessary services to satisfy the action items identified in its formal CAP and ensure compliance with SB 1383 regulations. If the City Council approves the proposed rate adjustments, the new rates will go into effect on March 1, 2025.
Proposition 218 Public Hearing
Proposition 218 (Prop. 218) requires the City to conduct a public hearing to consider approving a resolution adjusting solid waste service rates for residential, multi-family, and commercial customers. The City must mail the notice at least forty-five (45) days before the public hearing date regarding the proposed rates.
Beginning the week of December 1, 2024, per Prop. 218, the City mailed notifications of the proposed adjusted, solid waste service rates to property owners, commercial customers, tenants, and occupants as part of the bimonthly utility billing (Attachment A—Prop. 218 Public Hearing Notice). Separate Prop. 218 notices were mailed out on December 19, 2024, utilizing the most current addresses from Orange County property tax roll assessments.
The Prop. 218 notice identified the proposed adjusted rates and instructions for filing written protests concerning the proposed rates. As of agenda preparation on January 28, 2025, the City received four written protest objecting to the rate increase. Protest letters from over 50% of the parcels in Brea would be required to prevent the approval of the recommended actions. If no majority protest is received, and the City Council approves the resolution, the rate adjustments would be effective March 1, 2025.
COMMISSION/COMMITTEE RECOMMENDATION
This staff report was reviewed by the Finance Committee at their January 28, 2025, meeting and recommended to proceed to City Council.
SUMMARY/FISCAL IMPACT
Under the Second Amended and Restated Franchise Agreement, the City will be paid a 10 percent franchise fee.
The annual franchise fee is estimated to be $1.2 million for the Agreement's first year. Subsequent franchise fee payments will depend upon the revenues collected after applying the rate adjustment indexes and the number of active solid waste accounts. The collected franchise fees are deposited into the General Fund (Fund 110).
City staff's recommended residential curbside monthly cart rate of $31.27 is estimated to generate $4,345,996 in revenue for Fund 440. Based on the staff-recommended residential rate, there is a projected under-recovery of $158,930 by the end of FY 2024-2025. After the conclusion of FY 2024-2025, additional rate adjustments may be needed to achieve full cost recovery, as identified in the Cost-of-Service Study for Fund 440, which can be further analyzed as part of future budgeting processes.
RESPECTFULLY SUBMITTED
Kristin Griffith, Interim City Manager
Prepared by: Francesca Vivanti, Management Analyst I
Matthew Cuevas, Senior Management Analyst
Concurrence: Michael Ho, PE, Public Works Director
Attachments
Attachment A - Proposition 218 Notices of Public Hearing.pdf Attachment B - Solid Waste Cost of Service Study Memorandum.pdf Attachment C - Resolution Approving 2nd Amended Solid Waste Franchise Agreement and Rate Adjustments.pdf Attachment D - Revised Draft Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California LLC.pdf Attachment E - Revised Draft Second Amended and Restated Franchise Agreement Exhibits.pdf Service rates are for the operation and administration of the solid waste disposal and recycling services and programs implemented by the franchisee as required by State law, the Brea Municipal Code, and the franchise agreement.
Such services include solid waste containers, solid waste pick-up, a set number of bulky item pickups per year, e-waste disposal, compost giveaways, and other community clean up events.
PROPOSED ADJUSTMENTS TO SOLID
WASTE & RECYCLING SERVICE RATES
Additional information on services provided by Republic Services can be found at www.recyclebrea.net
WHAT IS SENATE BILL 1383 ?
Short-lived Climate Pollutants (SLCP): Organic Waste Reductions Act was signed into law in 2016 and established methane emissions targets and edible food recovery goals.
For more information on SB 1383, visit calrecycle.ca.gov/organics/slcp/
PRSRT STD
U.S. POSTAGE
PAID
ANAHEIM, CA
PERMIT NO. 8056
City of Brea
1 Civic Center Circle
Brea, California 92821-5732
www.cityofbrea.gov
ATTACHMENT A
CITY OF BREA NOTICE OF PUBLIC HEARING FOR
PROPOSED ADJUSTMENTS TO SOLID WASTE & RECYCLING SERVICE RATES NOTICE IS HEREBY GIVEN that the Brea City Council will hold a public hearing on proposed adjustments to solid waste and recycling service rates on Tuesday, February 4, 2025 at 7:00 PM, or as soon as the matter may be heard, at 1 Civic Center Circle, Brea, CA 92821 in City Council Chambers. If approved by the City Council in the absence of a majority protest (see below), the initial increases will go into effect on March 1, 2025.
WHY HAVE I RECEIVED THIS NOTICE?
This notice is regarding a public hearing to consider proposed adjustments to solid waste and recycling service rates for all Brea solid waste customers.
The public hearing will be conducted in accordance with Proposition 218 (1996), specifically California Constitution Article XIII D, Section 6. This notice is being sent to all property owners of record whose parcels receive solid waste and recycling services from Brea’s solid waste hauler franchisee and to tenants who are directly responsible for payment of the solid waste and recycling service rates.
WHY ARE RATE INCREASES NECESSARY?
All California cities, including Brea, face the most stringent solid waste legislation in history under Senate Bill 1383 (2016) (“SB 1383”). SB 1383 mandates the State of California to reduce organic waste disposal (including green waste and food waste) 50% by January 1, 2020, and 75% by January 1, 2025.
SB 1383 also requires the State to recover 20% of edible food by January 1, 2025. As a result, green waste and food waste can no longer be disposed of in a landfill and must be recycled. The SB 1383 organic recycling mandates, along with current economic conditions, including equipment supply chain interruptions and labor shortages, are significantly impacting the solid waste industry. For the City of Brea to remain in compliance with State law and avoid being fined by the State, expanded solid waste and recycling services are necessary, none of which are funded by the State. Therefore, these expanded services and other cost increases must be funded by adjusting the solid waste and recycling service rates.
PROPOSED SOLID WASTE & RECYCLING SERVICE RATES
The City Council will consider the proposed adjustments to the solid waste and recycling service rates in connection with entering into a restated and amended Franchise Agreement with the City’s solid waste hauler franchisee, Republic Waste Services of Southern California LLC, which does business as Brea Disposal. The new Franchise Agreement will ensure that the City continues to be in compliance with SB 1383 and other unfunded State mandates for solid waste and recycling. The proposed rates represent the maximum amount that customers can be charged pursuant to the new Franchise Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, letters of credit, overhead, disposal, transfer, profit, and all other things necessary to perform solid waste and recycling services.
Under the new Franchise Agreement, there are two customer classes: (i) single-family residential (premises with less than five dwelling units) and (ii) commercial, which includes multi-family and industrial. The proposed single-family residential monthly rate is a flat rate comprised of a City Utility Billing Component, Service Component, and Disposal Component, and includes one pick-up per week of a trash cart, recycling cart, and organic waste cart.
The proposed commercial monthly rates are comprised of a Service Component and a Disposal Component for each type of service (trash, recycling and organic waste), and for each type of service is based on: (i) container size (in gallons or cubic yards); (ii) type of container (e.g., cart or bin); and (iii) frequency of pick-ups per week. Absent a waiver, commercial customers are required to have trash, organic waste and recycling service. For all customers, extra services (e.g., roll-out services) are available at additional cost. A partial list of the proposed rates are set forth in the attached Exhibit A.
A full list of the proposed rates can be viewed on the City’s website at www.cityofbrea.net/recyclebrea.
If approved by the City Council, the initial rate adjustments will go into effect on March 1, 2025. In addition, without the City Council holding additional public hearings, the rates may be adjusted on July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028 to account for inflation and changes in the gate rate at the County landfill. The method for calculating the annual adjustments can be viewed on the City’s website at cityofbrea.net/recyclebrea.
HOW CAN I PARTICIPATE? WHAT IS A MAJORITY PROTEST?
At the public hearing, the City Council will hear and consider all objections or protests to the proposed adjustments to the solid waste and recycling service rates. Any property owner of record whose parcel receives solid waste and recycling services from Republic and any property tenant that is directly responsible for payment of solid waste and recycling service rates (each, a "rate payer") may submit a written protest against the proposed adjustments to the solid waste and recycling service rates. Written protests may be personally delivered to the City Clerk during the public hearing.
Written protests may also be mailed to the City of Brea, Attention: City Clerk, 1 Civic Center Circle, Brea, CA 92821 or delivered in-person to City Hall, 1 Civic Center Circle, Brea, CA 92821. Protests that are mailed or delivered to City Hall must be received by the City Clerk by 7:00 PM on February 4, 2025.
To be counted, a written protest must: (1) identify the parcel of property subject to the proposed adjustments to solid waste and recycling service rates, (2) identify the rate payer, and (3) include the signature of the rate payer. Emailed protests will not be counted in determining the existence of a majority protest. A majority protest will exist if, at the end of the public hearing, there are written protests submitted by a majority of the rate payers subject to the proposed adjustments to solid waste and recycling service rates. No more than one written protest per parcel of property will be counted in calculating a majority protest. The City Council cannot adopt the proposed adjustments to the solid waste and recycling service rates if a majority protest exists.
WHERE CAN I FIND MORE INFORMATION?
For more information regarding the State’s SB 1383 unfunded mandate please visit CalRecycle’s website at calrecycle.ca.gov/organics/slcp. You may also contact the Brea Public Works Department at (714) 990-7691 if you have questions about this notice or your solid waste and recycling service rates.
ATTACHMENT A
SINGLE FAMILY RESIDENTIAL SERVICES* Current Rate 1City
Utility Billing
1Collection
Component (85%)
1Disposal
Component (15%)
1Proposed
Adjusted Rate
*Residential premises with 4 or less dwelling units
MONTHLY RESIDENTIAL RATE $27.80 $3.14 $25.03 $4.42 $32.59 (Includes 3 carts: 1 Trash, 1 Recycle, 1 Organic Waste 1x/week PICK-UP)
ADDITIONAL RESIDENTIAL
TRASH CONTAINER $13.15 $12.95 $2.28 $15.23
ORGANIC WASTE CONTAINER $6.04 $5.95 $1.05 $7.00
RECYCLE CONTAINER $0.00 $0.00 $0.00 $0.00
MOBILE HOME RESIDENTIAL RATE $27.80 $3.14 $25.03 $4.42 $32.59 TEMPORARY 3 YARD RES. BIN $105.89 $104.26 $18.40 $122.66 3 DAYS (Del - Fill - PICK-UP & Disposal)
RESIDENTIAL ROLL-OUT SERVICES
(Service is for customers that want back door, garage, walk in service) $14.01 $13.79 $2.43 $16.22 RESIDENTIAL EXTRA DUMP - ALL 3 CONTAINERS $29.74 $29.28 $5.17 $34.45 RESIDENTIAL EXCHANGE OF ALL 3 CONTAINERS $45.98 $45.27 $7.99 $53.26 RESIDENTIAL CONTAINER REPLACEMENT - MISUSE (Each) $81.36 $80.11 $14.14 $94.25
RESIDENTIAL BULKY-ITEM COLLECTION
Additional Pick-ups Over 3x Pick-up/Year $57.55 $56.67 $10.00 $66.67 Charge for Each Item Over 20 per Collection $8.22 $8.09 $1.43 $9.52 Additional Fee Required for Gas Recovery $78.12 $76.92 $13.57 $90.49 RESIDENTIAL KITCHEN PAIL FOR PURCHASE (unbranded) New Rate $12.15 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL BIN SERVICE Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
(Absent a waiver, trash, recycle and organic waste service is required.
Typical service includes 1 trash, 1 recycle, and 1 organic waste container) COMMERCIAL BARREL RATE (96 GALLON TRASH) $41.26 $37.26 $6.58 $43.84
MONTHLY COMMERCIAL TRASH BIN RATES
1.5 YARD TRASH BIN 1x/week PICK-UP $111.93 $101.09 $17.84 $118.93
1.5 YARD TRASH BIN 2x/week PICK-UP $194.06 $175.26 $30.93 $206.19
1.5 YARD TRASH BIN 3x/week PICK-UP $276.19 $249.43 $44.02 $293.45
1.5 YARD TRASH BIN 4x/week PICK-UP $358.32 $323.61 $57.11 $380.72
1.5 YARD TRASH BIN 5x/week PICK-UP $440.45 $397.78 $70.20 $467.98
1.5 YARD MANURE BIN 1x/week PICK-UP $123.43 $111.47 $19.67 $131.14
1.5 YARD MANURE BIN 2x/week PICK-UP $217.06 $196.03 $34.59 $230.62
1.5 YARD MANURE BIN 3x/week PICK-UP $310.69 $280.59 $49.52 $330.11
1.5 YARD MANURE BIN 4x/week PICK-UP $404.32 $365.15 $64.44 $429.59
1.5 YARD MANURE BIN 5x/week PICK-UP $497.95 $449.71 $79.36 $529.07 2 YARD TRASH BIN 1x/week PICK-UP New Rate $139.04 $24.54 $163.58 2 YARD TRASH BIN 2x/week PICK-UP New Rate $232.28 $40.99 $273.27 2 YARD TRASH BIN 3x/week PICK-UP New Rate $325.52 $57.44 $382.96 2 YARD TRASH BIN 4x/week PICK-UP New Rate $418.76 $73.90 $492.66 2 YARD TRASH BIN 5x/week PICK-UP New Rate $512.00 $90.35 $602.35 3 YARD TRASH BIN 1x/week PICK-UP $181.12 $163.57 $28.87 $192.44 3 YARD TRASH BIN 2x/week PICK-UP $302.58 $273.27 $48.22 $321.49 3 YARD TRASH BIN 3x/week PICK-UP $424.04 $382.96 $67.58 $450.54 3 YARD TRASH BIN 4x/week PICK-UP $545.50 $492.65 $86.94 $579.59 3 YARD TRASH BIN 5x/week PICK-UP $666.96 $602.35 $106.30 $708.65 3 YARD MANURE BIN 1x/week PICK-UP $195.79 $176.82 $31.20 $208.02 3 YARD MANURE BIN 2x/week PICK-UP $331.92 $299.77 $52.90 $352.67 3 YARD MANURE BIN 3x/week PICK-UP $468.05 $422.71 $74.60 $497.31 3 YARD MANURE BIN 4x/week PICK-UP $604.18 $545.65 $96.29 $641.94 3 YARD MANURE BIN 5x/week PICK-UP $740.31 $668.59 $117.99 $786.58 3 YARD TEMP CONSTRUCTION BIN 1x/week PICK-UP $232.94 $210.37 $37.12 $247.49 3 YARD TEMP CONSTRUCTION BIN 2x/week PICK-UP $360.11 $325.22 $57.39 $382.61 3 YARD TEMP CONSTRUCTION BIN 3x/week PICK-UP $487.28 $440.07 $77.66 $517.73 3 YARD TEMP CONSTRUCTION BIN 4x/week PICK-UP $614.45 $554.93 $97.93 $652.86 3 YARD TEMP CONSTRUCTION BIN 5x/week PICK-UP $741.62 $669.78 $118.20 $787.98 3 YARD COMPACTED BIN 1x/week PICK-UP $266.27 $240.48 $42.44 $282.92 3 YARD COMPACTED BIN 2x/week PICK-UP $481.71 $435.04 $76.77 $511.81 3 YARD COMPACTED BIN 3x/week PICK-UP $697.15 $629.61 $111.11 $740.72 3 YARD COMPACTED BIN 4x/week PICK-UP $912.59 $824.18 $145.44 $969.62 3 YARD COMPACTED BIN 5x/week PICK-UP $1,128.03 $1,018.75 $179.78 $1,198.53 4 YARD TRASH BIN 1x/week PICK-UP New Rate $188.11 $33.20 $221.31 4 YARD TRASH BIN 2x/week PICK-UP New Rate $314.26 $55.46 $369.72 4 YARD TRASH BIN 3x/week PICK-UP New Rate $440.41 $77.72 $518.13 4 YARD TRASH BIN 4x/week PICK-UP New Rate $566.55 $99.98 $666.53 4 YARD TRASH BIN 5x/week PICK-UP New Rate $692.70 $122.24 $814.94 6 YARD TRASH BIN 1x/week PICK-UP New Rate $327.15 $57.73 $384.88 6 YARD TRASH BIN 2x/week PICK-UP New Rate $546.54 $96.45 $642.99 6 YARD TRASH BIN 3x/week PICK-UP New Rate $765.92 $135.16 $901.08 1 City Utility Billing, Collection Component and Disposal Component make up the Proposed Adjusted Rate for Single Family Residential. 2 Collection Component and Disposal Component make up the Proposed Adjusted Rate for Commercial/Multi-Family/Industrial.
FULL LIST OF PROPOSED RATES AVAILABLE ON CITY WEBSITE: www.cityofbrea.net/recyclebrea CITY OF BREA PROPOSED SOLID WASTE & RECYCLING SERVICE RATES EFFECTIVE MARCH 1, 2025 (Rates may escalate on July 1, 2025; July 1, 2026; July 1, 2027; and July 1, 2028)
EXHIBIT A
ATTACHMENT A
6 YARD TRASH BIN 4x/week PICK-UP New Rate $985.31 $173.88 $1,159.19 6 YARD TRASH BIN 5x/week PICK-UP New Rate $1,204.70 $212.59 $1,417.29 8 YARD TRASH BIN 1x/week PICK-UP New Rate $376.22 $66.39 $442.61 8 YARD TRASH BIN 2x/week PICK-UP New Rate $628.52 $110.91 $739.43 8 YARD TRASH BIN 3x/week PICK-UP New Rate $880.81 $155.44 $1,036.25 8 YARD TRASH BIN 4x/week PICK-UP New Rate $1,133.11 $199.96 $1,333.07 8 YARD TRASH BIN 5x/week PICK-UP New Rate $1,385.40 $244.48 $1,629.88 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL RECYCLE RATES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
65 GALLON RECYCLE CART 1x/week PICK-UP New Rate $51.00 $9.00 $60.00 96 GALLON RECYCLE CART 1x/week PICK-UP New Rate $51.00 $9.00 $60.00 2 YARD RECYCLE BIN 1x/week PICK-UP New Rate $95.14 $16.79 $111.93 Additional per trip PICK-UP New Rate $95.14 $16.79 $111.93 3 YARD RECYCLE BIN 1x/week PICK-UP $152.81 $136.38 $24.07 $160.45 Additional per trip PICK-UP $152.81 $136.38 $24.07 $160.45 4 YARD RECYCLE BIN 1x/week PICK-UP New Rate $159.89 $28.22 $188.11 3 YARD SPLIT BIN (no additional lock fee or installation) New Rate $206.93 $36.52 $243.45 COMMERCIAL RECYCLE BIN CONTAMINATION FEE per occurrence New Rate $98.85 $17.44 $116.29 COMMERCIAL RECYCLE CART CONTAMINATION FEE per occurrence New Rate $49.44 $8.72 $58.16 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL ORGANIC WASTE RATES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
35 GALLON CART 1x/week PICK-UP $41.26 $35.07 $6.19 $41.26 35 GALLON CART 2x/week PICK-UP $82.52 $70.14 $12.38 $82.52 35 GALLON CART 3x/week PICK-UP $123.78 $105.21 $18.57 $123.78 65 GALLON CART 1x/week PICK-UP $65.19 $55.41 $9.78 $65.19 65 GALLON CART 2x/week PICK-UP $130.37 $110.81 $19.56 $130.37 65 GALLON CART 3x/week PICK-UP $195.56 $166.23 $29.33 $195.56 2 YARD BIN 1x/week PICK-UP $348.61 $296.32 $52.29 $348.61 2 YARD BIN 2x/week PICK-UP $697.21 $592.63 $104.58 $697.21 2 YARD BIN 3x/week PICK-UP $1,045.82 $888.95 $156.87 $1,045.82 ORGANIC BIN NON-SCHEDULE ADDITIONAL PICK-UPS New Rate $296.32 $52.29 $348.61 ORGANIC CART NON-SCHEDULE ADDITIONAL PICK-UPS New Rate $35.07 $6.19 $41.26 ORGANIC BIN CONTAMINATION FEE per occurrence $116.29 $98.85 $17.44 $116.29 ORGANIC CART CONTAMINATION FEE per occurrence $58.16 $49.44 $8.72 $58.16 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL SPECIAL SERVICES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
Pull out service (applicable when container must be moved more than 25ft) $71.94 $64.97 $11.47 $76.44 Lock latch (For any bin with lockbar other than split bins) $2.71 $2.45 $0.43 $2.88 Redeliver bin (due to non-payment) $101.78 $91.92 $16.22 $108.14 Lock latch bin one-time installation fee (For all lock latch except split bins) $120.81 $109.10 $19.25 $128.35
NON-SCHEDULE ADDITIONAL PICK-UPS
1st BIN PICK-UP (1.5 & 3 YARD BINS) $84.79 $76.58 $13.51 $90.09 BIN OVERAGE "OVER THE TOP" - Each Occurrence $47.31 $55.25 $9.75 $65.00 COMMERCIAL CONTAINER STEAM CLEANING (container exchanged) $135.14 $122.05 $21.54 $143.59
COMMERCIAL BULKY-ITEM COLLECTION
Bulky item pickups (no limit); max 20 items per collection $61.06 $55.14 $9.73 $64.87 Charge for Each Item Over 20 per collection $8.12 $7.33 $1.29 $8.62 Additional Fee Required for Gas Recovery $78.12 $70.55 $12.45 $83.00 INDUSTRIAL SPECIAL SERVICES Current Rate 2Collection
Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
PERMANENT 30 YARD ROLL-OFF - Min. 4 PICK-UPS per/Month $2,646.69 $2,390.29 $421.82 $2,812.11 ADDITIONAL PICK-UP - PERM 30 YARD ROLL-OFF $661.67 $597.57 $105.45 $703.02 PERMANENT 15 YARD DEMO BOX - Min. 4 PICK-UPS per/Month $2,819.48 $2,546.34 $449.35 $2,995.69 ADDITIONAL PICK-UP - PERM 15 YARD DEMO $704.87 $636.59 $112.34 $748.93 PERMANENT 40 YARD PACKER - Each PICK-UP $825.04 $745.11 $131.49 $876.60 TEMPORARY 30 YARD ROLL-OFF BOX $663.40 $599.13 $105.73 $704.86 TEMPORARY 30 YARD ROLL-OFF BOX - Yardwaste $625.25 $564.68 $99.65 $664.33 TEMPORARY 15 YARD DEMO BOX $766.18 $691.96 $122.11 $814.07 THREE DAYS - 1 EMPTY
CONTAINER MONTHLY RENTALS
THREE (3) YARD BIN $67.58 $61.03 $10.77 $71.80
TILT HOPPER $52.72 $47.61 $8.40 $56.01
STORAGE CONTAINER $106.76 $96.42 $17.01 $113.43
PACKER UNIT - "TURN-A-ROUND" REQUIRED $13.76 $12.43 $2.19 $14.62 (Surcharge per Pull)
SATURDAY SERVICE - PER LOAD $40.74 $36.79 $6.49 $43.28
BREA OLINDA SCHOOL DISTRICT Current Rate 2Collection
Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
MONTHLY COMMERCIAL RATES
3 YARD BIN 1x/week PICK-UP $117.46 $106.08 $18.72 $124.80 3 YARD BIN - ADDITIONAL PICK-UP $85.56 $77.27 $13.64 $90.91 1 City Utility Billing, Collection Component and Disposal Component make up the Proposed Adjusted Rate for Single Family Residential. 2 Collection Component and Disposal Component make up the Proposed Adjusted Rate for Commercial/Multi-Family/Industrial.
FULL LIST OF PROPOSED RATES AVAILABLE ON CITY WEBSITE: www.cityofbrea.net/recyclebrea (Rates may escalate on July 1, 2025; July 1, 2026; July 1, 2027; and July 1, 2028)
EXHIBIT A
CITY OF BREA PROPOSED SOLID WASTE & RECYCLING SERVICE RATES EFFECTIVE MARCH 1, 2025
ATTACHMENT A
Service rates are for the operation and administration of the solid waste disposal and recycling services and programs implemented by the franchisee as required by State law, the Brea Municipal Code, and the franchise agreement.
Such services include solid waste containers, solid waste pick-up, a set number of bulky item pickups per year, e-waste disposal, compost giveaways, and other community clean up events.
Additional information on services provided by Republic Services can be found at www.recyclebrea.net
ARE WE THE ONLY CITY EXPERIENCING A RATE
ADJUSTMENT ?
No. The costs associated with the proposed rate increase will affect most, if not all, jurisdictions in Orange County and the State. Costs associated with inflation, Senate Bill 1383 (SB 1383), and recycling markets will impact solid waste rates all across California.
WHAT IS SENATE BILL 1383 ?
Short-lived Climate Pollutants (SLCP): Organic Waste
Reductions Act was signed into law in 2016. The
law established statewide targets to achieve a 50%
reduction in the level of organic waste disposed
in landfills by 2020 and a 75% reduction by 2025.
Additionally, the law sets a statewide target of a 20%
reduction in the disposal of edible food, and for this
food to be recovered for human consumption.
For more information on SB 1383, please visit the
CalRecycle website at calrecycle.ca.gov/organics/slcp/
PROPOSED ADJUSTMENTS
TO SOLID WASTE & RECYCLING
SERVICE RATES
ATTACHMENT A
CITY OF BREA NOTICE OF PUBLIC HEARING FOR
PROPOSED ADJUSTMENTS TO SOLID WASTE & RECYCLING SERVICE RATES NOTICE IS HEREBY GIVEN that the Brea City Council will hold a public hearing on proposed adjustments to solid waste and recycling service rates on Tuesday, February 4, 2025 at 7:00 PM, or as soon as the matter may be heard, at 1 Civic Center Circle, Brea, CA 92821 in City Council Chambers. If approved by the City Council in the absence of a majority protest (see below), the initial increases will go into effect on March 1, 2025.
WHY HAVE I RECEIVED THIS NOTICE?
This notice is regarding a public hearing to consider proposed adjustments to solid waste and recycling service rates for all Brea solid waste customers.
The public hearing will be conducted in accordance with Proposition 218 (1996), specifically California Constitution Article XIII D, Section 6. This notice is being sent to all property owners of record whose parcels receive solid waste and recycling services from Brea’s solid waste hauler franchisee and to tenants who are directly responsible for payment of the solid waste and recycling service rates.
WHY ARE RATE INCREASES NECESSARY?
All California cities, including Brea, face the most stringent solid waste legislation in history under Senate Bill 1383 (2016) (“SB 1383”). SB 1383 mandates the State of California to reduce organic waste disposal (including green waste and food waste) 50% by January 1, 2020, and 75% by January 1, 2025.
SB 1383 also requires the State to recover 20% of edible food by January 1, 2025. As a result, green waste and food waste can no longer be disposed of in a landfill and must be recycled. The SB 1383 organic recycling mandates, along with current economic conditions, including equipment supply chain interruptions and labor shortages, are significantly impacting the solid waste industry. For the City of Brea to remain in compliance with State law and avoid being fined by the State, expanded solid waste and recycling services are necessary, none of which are funded by the State. Therefore, these expanded services and other cost increases must be funded by adjusting the solid waste and recycling service rates.
PROPOSED SOLID WASTE & RECYCLING SERVICE RATES
The City Council will consider the proposed adjustments to the solid waste and recycling service rates in connection with entering into a restated and amended Franchise Agreement with the City’s solid waste hauler franchisee, Republic Waste Services of Southern California LLC, which does business as Brea Disposal. The new Franchise Agreement will ensure that the City continues to be in compliance with SB 1383 and other unfunded State mandates for solid waste and recycling. The proposed rates represent the maximum amount that customers can be charged pursuant to the new Franchise Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, letters of credit, overhead, disposal, transfer, profit, and all other things necessary to perform solid waste and recycling services.
Under the new Franchise Agreement, there are two customer classes: (i) single-family residential (premises with less than five dwelling units) and (ii) commercial, which includes multi-family and industrial. The proposed single-family residential monthly rate is a flat rate comprised of a City Utility Billing Component, Service Component, and Disposal Component, and includes one pick-up per week of a trash cart, recycling cart, and organic waste cart.
The proposed commercial monthly rates are comprised of a Service Component and a Disposal Component for each type of service (trash, recycling and organic waste), and for each type of service is based on: (i) container size (in gallons or cubic yards); (ii) type of container (e.g., cart or bin); and (iii) frequency of pick-ups per week. Absent a waiver, commercial customers are required to have trash, organic waste and recycling service. For all customers, extra services (e.g., roll-out services) are available at additional cost. A partial list of the proposed rates are set forth in the attached Exhibit A.
A full list of the proposed rates can be viewed on the City’s website at www.cityofbrea.net/recyclebrea.
If approved by the City Council, the initial rate adjustments will go into effect on March 1, 2025. In addition, without the City Council holding additional public hearings, the rates may be adjusted on July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028 to account for inflation and changes in the gate rate at the County landfill. The method for calculating the annual adjustments can be viewed on the City’s website at cityofbrea.net/recyclebrea.
HOW CAN I PARTICIPATE? WHAT IS A MAJORITY PROTEST?
At the public hearing, the City Council will hear and consider all objections or protests to the proposed adjustments to the solid waste and recycling service rates. Any property owner of record whose parcel receives solid waste and recycling services from Republic and any property tenant that is directly responsible for payment of solid waste and recycling service rates (each, a "rate payer") may submit a written protest against the proposed adjustments to the solid waste and recycling service rates. Written protests may be personally delivered to the City Clerk during the public hearing.
Written protests may also be mailed to the City of Brea, Attention: City Clerk, 1 Civic Center Circle, Brea, CA 92821 or delivered in-person to City Hall, 1 Civic Center Circle, Brea, CA 92821. Protests that are mailed or delivered to City Hall must be received by the City Clerk by 7:00 PM on February 4, 2025.
To be counted, a written protest must: (1) identify the parcel of property subject to the proposed adjustments to solid waste and recycling service rates, (2) identify the rate payer, and (3) include the signature of the rate payer. Emailed protests will not be counted in determining the existence of a majority protest. A majority protest will exist if, at the end of the public hearing, there are written protests submitted by a majority of the rate payers subject to the proposed adjustments to solid waste and recycling service rates. No more than one written protest per parcel of property will be counted in calculating a majority protest. The City Council cannot adopt the proposed adjustments to the solid waste and recycling service rates if a majority protest exists.
WHERE CAN I FIND MORE INFORMATION?
For more information regarding the State’s SB 1383 unfunded mandate please visit CalRecycle’s website at calrecycle.ca.gov/organics/slcp. You may also contact the Brea Public Works Department at (714) 990-7691 if you have questions about this notice or your solid waste and recycling service rates.
ATTACHMENT A
SINGLE FAMILY RESIDENTIAL SERVICES* Current Rate 1City
Utility Billing
1Collection
Component (85%)
1Disposal
Component (15%)
1Proposed
Adjusted Rate
*Residential premises with 4 or less dwelling units
MONTHLY RESIDENTIAL RATE $27.80 $3.14 $25.03 $4.42 $32.59 (Includes 3 carts: 1 Trash, 1 Recycle, 1 Organic Waste 1x/week PICK-UP)
ADDITIONAL RESIDENTIAL
TRASH CONTAINER $13.15 $12.95 $2.28 $15.23
ORGANIC WASTE CONTAINER $6.04 $5.95 $1.05 $7.00
RECYCLE CONTAINER $0.00 $0.00 $0.00 $0.00
MOBILE HOME RESIDENTIAL RATE $27.80 $3.14 $25.03 $4.42 $32.59 TEMPORARY 3 YARD RES. BIN $105.89 $104.26 $18.40 $122.66 3 DAYS (Del - Fill - PICK-UP & Disposal)
RESIDENTIAL ROLL-OUT SERVICES
(Service is for customers that want back door, garage, walk in service) $14.01 $13.79 $2.43 $16.22 RESIDENTIAL EXTRA DUMP - ALL 3 CONTAINERS $29.74 $29.28 $5.17 $34.45 RESIDENTIAL EXCHANGE OF ALL 3 CONTAINERS $45.98 $45.27 $7.99 $53.26 RESIDENTIAL CONTAINER REPLACEMENT - MISUSE (Each) $81.36 $80.11 $14.14 $94.25
RESIDENTIAL BULKY-ITEM COLLECTION
Additional Pick-ups Over 3x Pick-up/Year $57.55 $56.67 $10.00 $66.67 Charge for Each Item Over 20 per Collection $8.22 $8.09 $1.43 $9.52 Additional Fee Required for Gas Recovery $78.12 $76.92 $13.57 $90.49 RESIDENTIAL KITCHEN PAIL FOR PURCHASE (unbranded) New Rate $12.15 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL BIN SERVICE Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
(Absent a waiver, trash, recycle and organic waste service is required.
Typical service includes 1 trash, 1 recycle, and 1 organic waste container) COMMERCIAL BARREL RATE (96 GALLON TRASH) $41.26 $37.26 $6.58 $43.84
MONTHLY COMMERCIAL TRASH BIN RATES
1.5 YARD TRASH BIN 1x/week PICK-UP $111.93 $101.09 $17.84 $118.93
1.5 YARD TRASH BIN 2x/week PICK-UP $194.06 $175.26 $30.93 $206.19
1.5 YARD TRASH BIN 3x/week PICK-UP $276.19 $249.43 $44.02 $293.45
1.5 YARD TRASH BIN 4x/week PICK-UP $358.32 $323.61 $57.11 $380.72
1.5 YARD TRASH BIN 5x/week PICK-UP $440.45 $397.78 $70.20 $467.98
1.5 YARD MANURE BIN 1x/week PICK-UP $123.43 $111.47 $19.67 $131.14
1.5 YARD MANURE BIN 2x/week PICK-UP $217.06 $196.03 $34.59 $230.62
1.5 YARD MANURE BIN 3x/week PICK-UP $310.69 $280.59 $49.52 $330.11
1.5 YARD MANURE BIN 4x/week PICK-UP $404.32 $365.15 $64.44 $429.59
1.5 YARD MANURE BIN 5x/week PICK-UP $497.95 $449.71 $79.36 $529.07 2 YARD TRASH BIN 1x/week PICK-UP New Rate $139.04 $24.54 $163.58 2 YARD TRASH BIN 2x/week PICK-UP New Rate $232.28 $40.99 $273.27 2 YARD TRASH BIN 3x/week PICK-UP New Rate $325.52 $57.44 $382.96 2 YARD TRASH BIN 4x/week PICK-UP New Rate $418.76 $73.90 $492.66 2 YARD TRASH BIN 5x/week PICK-UP New Rate $512.00 $90.35 $602.35 3 YARD TRASH BIN 1x/week PICK-UP $181.12 $163.57 $28.87 $192.44 3 YARD TRASH BIN 2x/week PICK-UP $302.58 $273.27 $48.22 $321.49 3 YARD TRASH BIN 3x/week PICK-UP $424.04 $382.96 $67.58 $450.54 3 YARD TRASH BIN 4x/week PICK-UP $545.50 $492.65 $86.94 $579.59 3 YARD TRASH BIN 5x/week PICK-UP $666.96 $602.35 $106.30 $708.65 3 YARD MANURE BIN 1x/week PICK-UP $195.79 $176.82 $31.20 $208.02 3 YARD MANURE BIN 2x/week PICK-UP $331.92 $299.77 $52.90 $352.67 3 YARD MANURE BIN 3x/week PICK-UP $468.05 $422.71 $74.60 $497.31 3 YARD MANURE BIN 4x/week PICK-UP $604.18 $545.65 $96.29 $641.94 3 YARD MANURE BIN 5x/week PICK-UP $740.31 $668.59 $117.99 $786.58 3 YARD TEMP CONSTRUCTION BIN 1x/week PICK-UP $232.94 $210.37 $37.12 $247.49 3 YARD TEMP CONSTRUCTION BIN 2x/week PICK-UP $360.11 $325.22 $57.39 $382.61 3 YARD TEMP CONSTRUCTION BIN 3x/week PICK-UP $487.28 $440.07 $77.66 $517.73 3 YARD TEMP CONSTRUCTION BIN 4x/week PICK-UP $614.45 $554.93 $97.93 $652.86 3 YARD TEMP CONSTRUCTION BIN 5x/week PICK-UP $741.62 $669.78 $118.20 $787.98 3 YARD COMPACTED BIN 1x/week PICK-UP $266.27 $240.48 $42.44 $282.92 3 YARD COMPACTED BIN 2x/week PICK-UP $481.71 $435.04 $76.77 $511.81 3 YARD COMPACTED BIN 3x/week PICK-UP $697.15 $629.61 $111.11 $740.72 3 YARD COMPACTED BIN 4x/week PICK-UP $912.59 $824.18 $145.44 $969.62 3 YARD COMPACTED BIN 5x/week PICK-UP $1,128.03 $1,018.75 $179.78 $1,198.53 4 YARD TRASH BIN 1x/week PICK-UP New Rate $188.11 $33.20 $221.31 4 YARD TRASH BIN 2x/week PICK-UP New Rate $314.26 $55.46 $369.72 4 YARD TRASH BIN 3x/week PICK-UP New Rate $440.41 $77.72 $518.13 4 YARD TRASH BIN 4x/week PICK-UP New Rate $566.55 $99.98 $666.53 4 YARD TRASH BIN 5x/week PICK-UP New Rate $692.70 $122.24 $814.94 6 YARD TRASH BIN 1x/week PICK-UP New Rate $327.15 $57.73 $384.88 6 YARD TRASH BIN 2x/week PICK-UP New Rate $546.54 $96.45 $642.99 6 YARD TRASH BIN 3x/week PICK-UP New Rate $765.92 $135.16 $901.08 1 City Utility Billing, Collection Component and Disposal Component make up the Proposed Adjusted Rate for Single Family Residential. 2 Collection Component and Disposal Component make up the Proposed Adjusted Rate for Commercial/Multi-Family/Industrial.
FULL LIST OF PROPOSED RATES AVAILABLE ON CITY WEBSITE: www.cityofbrea.net/recyclebrea CITY OF BREA PROPOSED SOLID WASTE & RECYCLING SERVICE RATES EFFECTIVE MARCH 1, 2025 (Rates may escalate on July 1, 2025; July 1, 2026; July 1, 2027; and July 1, 2028)
EXHIBIT A
ATTACHMENT A
6 YARD TRASH BIN 4x/week PICK-UP New Rate $985.31 $173.88 $1,159.19 6 YARD TRASH BIN 5x/week PICK-UP New Rate $1,204.70 $212.59 $1,417.29 8 YARD TRASH BIN 1x/week PICK-UP New Rate $376.22 $66.39 $442.61 8 YARD TRASH BIN 2x/week PICK-UP New Rate $628.52 $110.91 $739.43 8 YARD TRASH BIN 3x/week PICK-UP New Rate $880.81 $155.44 $1,036.25 8 YARD TRASH BIN 4x/week PICK-UP New Rate $1,133.11 $199.96 $1,333.07 8 YARD TRASH BIN 5x/week PICK-UP New Rate $1,385.40 $244.48 $1,629.88 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL RECYCLE RATES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
65 GALLON RECYCLE CART 1x/week PICK-UP New Rate $51.00 $9.00 $60.00 96 GALLON RECYCLE CART 1x/week PICK-UP New Rate $51.00 $9.00 $60.00 2 YARD RECYCLE BIN 1x/week PICK-UP New Rate $95.14 $16.79 $111.93 Additional per trip PICK-UP New Rate $95.14 $16.79 $111.93 3 YARD RECYCLE BIN 1x/week PICK-UP $152.81 $136.38 $24.07 $160.45 Additional per trip PICK-UP $152.81 $136.38 $24.07 $160.45 4 YARD RECYCLE BIN 1x/week PICK-UP New Rate $159.89 $28.22 $188.11 3 YARD SPLIT BIN (no additional lock fee or installation) New Rate $206.93 $36.52 $243.45 COMMERCIAL RECYCLE BIN CONTAMINATION FEE per occurrence New Rate $98.85 $17.44 $116.29 COMMERCIAL RECYCLE CART CONTAMINATION FEE per occurrence New Rate $49.44 $8.72 $58.16 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL ORGANIC WASTE RATES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
35 GALLON CART 1x/week PICK-UP $41.26 $35.07 $6.19 $41.26 35 GALLON CART 2x/week PICK-UP $82.52 $70.14 $12.38 $82.52 35 GALLON CART 3x/week PICK-UP $123.78 $105.21 $18.57 $123.78 65 GALLON CART 1x/week PICK-UP $65.19 $55.41 $9.78 $65.19 65 GALLON CART 2x/week PICK-UP $130.37 $110.81 $19.56 $130.37 65 GALLON CART 3x/week PICK-UP $195.56 $166.23 $29.33 $195.56 2 YARD BIN 1x/week PICK-UP $348.61 $296.32 $52.29 $348.61 2 YARD BIN 2x/week PICK-UP $697.21 $592.63 $104.58 $697.21 2 YARD BIN 3x/week PICK-UP $1,045.82 $888.95 $156.87 $1,045.82 ORGANIC BIN NON-SCHEDULE ADDITIONAL PICK-UPS New Rate $296.32 $52.29 $348.61 ORGANIC CART NON-SCHEDULE ADDITIONAL PICK-UPS New Rate $35.07 $6.19 $41.26 ORGANIC BIN CONTAMINATION FEE per occurrence $116.29 $98.85 $17.44 $116.29 ORGANIC CART CONTAMINATION FEE per occurrence $58.16 $49.44 $8.72 $58.16 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL SPECIAL SERVICES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
Pull out service (applicable when container must be moved more than 25ft) $71.94 $64.97 $11.47 $76.44 Lock latch (For any bin with lockbar other than split bins) $2.71 $2.45 $0.43 $2.88 Redeliver bin (due to non-payment) $101.78 $91.92 $16.22 $108.14 Lock latch bin one-time installation fee (For all lock latch except split bins) $120.81 $109.10 $19.25 $128.35
NON-SCHEDULE ADDITIONAL PICK-UPS
1st BIN PICK-UP (1.5 & 3 YARD BINS) $84.79 $76.58 $13.51 $90.09 BIN OVERAGE "OVER THE TOP" - Each Occurrence $47.31 $55.25 $9.75 $65.00 COMMERCIAL CONTAINER STEAM CLEANING (container exchanged) $135.14 $122.05 $21.54 $143.59
COMMERCIAL BULKY-ITEM COLLECTION
Bulky item pickups (no limit); max 20 items per collection $61.06 $55.14 $9.73 $64.87 Charge for Each Item Over 20 per collection $8.12 $7.33 $1.29 $8.62 Additional Fee Required for Gas Recovery $78.12 $70.55 $12.45 $83.00 INDUSTRIAL SPECIAL SERVICES Current Rate 2Collection
Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
PERMANENT 30 YARD ROLL-OFF - Min. 4 PICK-UPS per/Month $2,646.69 $2,390.29 $421.82 $2,812.11 ADDITIONAL PICK-UP - PERM 30 YARD ROLL-OFF $661.67 $597.57 $105.45 $703.02 PERMANENT 15 YARD DEMO BOX - Min. 4 PICK-UPS per/Month $2,819.48 $2,546.34 $449.35 $2,995.69 ADDITIONAL PICK-UP - PERM 15 YARD DEMO $704.87 $636.59 $112.34 $748.93 PERMANENT 40 YARD PACKER - Each PICK-UP $825.04 $745.11 $131.49 $876.60 TEMPORARY 30 YARD ROLL-OFF BOX $663.40 $599.13 $105.73 $704.86 TEMPORARY 30 YARD ROLL-OFF BOX - Yardwaste $625.25 $564.68 $99.65 $664.33 TEMPORARY 15 YARD DEMO BOX $766.18 $691.96 $122.11 $814.07 THREE DAYS - 1 EMPTY
CONTAINER MONTHLY RENTALS
THREE (3) YARD BIN $67.58 $61.03 $10.77 $71.80
TILT HOPPER $52.72 $47.61 $8.40 $56.01
STORAGE CONTAINER $106.76 $96.42 $17.01 $113.43
PACKER UNIT - "TURN-A-ROUND" REQUIRED $13.76 $12.43 $2.19 $14.62 (Surcharge per Pull)
SATURDAY SERVICE - PER LOAD $40.74 $36.79 $6.49 $43.28
BREA OLINDA SCHOOL DISTRICT Current Rate 2Collection
Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
MONTHLY COMMERCIAL RATES
3 YARD BIN 1x/week PICK-UP $117.46 $106.08 $18.72 $124.80 3 YARD BIN - ADDITIONAL PICK-UP $85.56 $77.27 $13.64 $90.91 1 City Utility Billing, Collection Component and Disposal Component make up the Proposed Adjusted Rate for Single Family Residential. 2 Collection Component and Disposal Component make up the Proposed Adjusted Rate for Commercial/Multi-Family/Industrial.
FULL LIST OF PROPOSED RATES AVAILABLE ON CITY WEBSITE: www.cityofbrea.net/recyclebrea CITY OF BREA PROPOSED SOLID WASTE & RECYCLING SERVICE RATES EFFECTIVE MARCH 1, 2025 (Rates may escalate on July 1, 2025; July 1, 2026; July 1, 2027; and July 1, 2028)
EXHIBIT A
ATTACHMENT A
Final Memorandum
Economics | Strategy | Stakeholders | Sustainability
www.newgenstrategies.net
8140 North Mopac Expressway
Suite 1-240
Austin, TX 78759
Phone: (512) 806-7713
To: Michael Ho, Public Works Director – City of Brea
From: Dave Yanke, President, NewGen Strategies and Solutions, LLC Savanna Page, Senior Consultant, NewGen Strategies and Solutions, LLC Date: October 2, 2024
Re: Solid Waste Cost of Service Study and Proposed Rate Increase for FY 2024 – 2025 Introduction
NewGen Strategies and Solutions, LLC (NewGen) was retained by the City of Brea (City) to conduct a solid waste cost of service study to assess the financial integrity of the City’s residential solid waste collection service, while ensuring that the City’s cost of organics diversion collection services, provided by Republic Services (a.k.a. Brea Disposal) in compliance with SB 1383 regulations, were fully incorporated into NewGen’s cost analysis. In developing this analysis, the Project Team assessed and forecasted the cost of service by analyzing historical data, the current budget, and Republic’s estimated cost proposal to design rates for the City of Brea for Fiscal Year (FY) 2024-2025.
Test Year
In developing the Test Year revenue requirement for the City, NewGen used the FY 2024 – 2025 adopted budget as the basis for the Test Year. NewGen compared the FY 2024 – 2025 budget to historical budgets for FY 2023 – 2024, FY 2022 – 2023, and FY 2021 – 2022. Through this comparison and with input from City staff, NewGen made the following adjustments to ensure that the Test Year would reflect residential collection expenses that occur on a regular basis:
• 15% of all salary related expenses were deducted from the Test Year to remove the portion of expense used to fund commercial solid waste collection. • $487,740 of additional costs were added to the Test Year to cover the City’s additional expense associated with Republic Services providing organics diversion collection services.
Table 1 shows the projected revenue requirement for FY 2024 – 2025.
Table 1
Residential Solid Waste Revenue Requirement
FY 2024 – 2025
Solid Waste Budget (Less Commercial Costs) $ 4,017,186
Additional Organics Diversion Collection Cost 487,740
Total Solid Waste Revenue Requirement $ 4,504,926
ATTACHMENT B
Final Memorandum
City of Brea
Revenue Recovery from Current Rates
Table 2 shows the forecasted revenue recovery from the City’s current monthly service rate of $27.80.
Under current rates, residential collection service is projected to under-recover the revenue requirement by approximately $647,000 in FY 2024 – 2025. The under-recovery of revenue from current rates is detailed on lines 1 – 19 of Schedule 2.
Table 2
Revenue Recovery from Current Rates
FY 2024 – 2025
Revenue from Current Rates
Standard Cart Service Revenue $ 3,756,002
Additional Cart Revenue 101,939
Total Annual Solid Waste Revenue $ 3,857,941
Total Annual Solid Waste Revenue $ 3,857,941
Solid Waste Revenue Requirement 4,504,926
Over/(Under) Recovery at Current Rates $ (646,985)
Proposed Rates
Table 3 shows the proposed rate increase required to fully recover the City’s residential revenue requirement for FY 2024 – 2025. In order to recover the $646,985 revenue shortfall, the City needs to increase the monthly rate by $4.79 for a total rate of $32.59 per month. Of the $4.79 increase, approximately 75% is related to the additional organics diversion collection cost (e.g. SB 1383), while the other 25% is needed to recover the City’s normal increase in budgeted residential solid waste expenses.
See Schedule 2 for more detail.
Table 3
Proposed Rates
FY 2024 – 2025
Over/(Under) Recovery at Current Rates $ (646,985)
Monthly Residential Customers 11,259
Rate Increase needed to Recover Revenue Requirement1 $ 4.79
1. Rate increase needed to recover Revenue Requirement= $646,985 / 11,259 customers / 12 months = $4.79.
Recommendations
This analysis confirms that the City’s residential collection service is under-recovering the required revenue requirement for FY 2024 – 2025. In addition to the $3.61 monthly rate increase proposed by Republic Services to provide organics diversion collection services, NewGen also recommends a $1.18
ATTACHMENT B
Final Memorandum
City of Brea
monthly rate increase to fully recover operational costs for FY 2024 – 2025. These adjustments bring the proposed monthly residential rate adjustment to $4.79, resulting in a monthly bill of $32.59 per month.
NewGen would note that in working with our municipal clients throughout the United States, we are observing cost based residential rates that are now in the $30 to $35 per month range, with some exceeding $40 per month. Therefore, NewGen does not find this rate increase unreasonable given that Republic Services is offering an additional service to the City.
ATTACHMENT B
Schedule 1
Line Item FY 2020-2021 FY 2021-2022 FY 2021-2022 FY 2022-2023 FY 2023-2024 FY 2024-2025 Test No. No. Description Actual Budget Actual Budget Budget Budget Adjustments Year Notes 1 Expenses
2 4098 APPROPRIATION (NON-SPEC) $ - $ - $ 4,332 $ - $ - $ - $ - $ - 3 4111 FULL TIME 71,923 94,816 94,415 175,151 132,979 140,732 (21,110) 119,622 A 4 4112 PART-TIME & SEASONAL 62,576 64,169 66,458 68,604 67,346 71,193 (10,679) 60,514 A 5 4113 OVERTIME 1 121 8,263 188 188 192 (29) 163 A
6 41230045 VACATION PAYOFF - - 4,537 - 1,512 1,512 (227) 1,285 A 7 41230048 VACATION BUYDOWN 1,441 1213 150.7 1,200 716 716 (107) 609 A 8 41230064 COMP TERMINATION PAYOFF - - 56 - - - - - A
9 41230137 HOLIDAY BANKS PAID - - 59 - - - - - A
10 41230140 PERFORMANCE AWARD - 1,334 - 1,100 600 600 (90) 510 A 11 41230190 UNIFORM ALLOWANCE - 13 - 13 13 - - - A
12 41230192 WORK SHOE REIMBURSEMENT 17 - 13 - - - - - A 13 41230196 FITNESS/WELLNESS PROGRAM 238 506 193 956 731 765 (115) 650 A 14 4131 RETIREMENT PERS 25,942 32,120 34,105 57,989 44,265 50,843 (7,626) 43,217 A 15 4131A PERS COST SHARING (128) - (268) - - - - - A
16 4134 WORKERS' COMPENSATION 8,371 10,700 10,829 16,502 9,234 10,020 (1,503) 8,517 A 17 4141 MEDICARE 1,964 2,500 2,601 3,918 3,105 3,280 (492) 2,788 A 18 4151 FLEXIBLE BENEFITS 8,658 13,166 11,192 25,856 13,481 13,217 (1,983) 11,234 A 19 4152 TUITION REIMBURSEMENT - - - 413 413 421 (63) 358 A 20 4153 AUTOMOBILE ALLOWANCE 1,218 1,200 1,203 1,200 1,200 1,200 (180) 1,020 A 21 4173 UNPAID COMPENSATED ABSENC 1,029 - (6,428) - 400 - - 22 4212 TELEPHONE & FAXES 623 - 581 - - - -
23 4231 ADVERTISING 501 - 543 - - - -
24 4232 SUBSCRIPTIONS 130 - - - - - -
25 4244 LEGAL 6,242 - 16,321 - - - -
26 4249 PROFESSIONAL SVC-OTHER 26,424 50,000 31,671 65,000 65,000 66,300 66,300 27 4267 CONTR SVC-TRASH COLLECT 1,998,678 2,034,200 2,041,606 2,034,200 2,469,000 2,543,000 2,543,000 28 4268 CONTR SVC-TRASH DISPOSAL 875,144 936,230 754,581 869,657 871,214 897,310 897,310 29 4271 MILEAGE REIMBT - AUTO - - - - - - -
30 4279 TRAVEL & MEETING EXPENSE - - - - 3,100 1,950 1,950 31 4311 FOOD & CLOTHING - - 101 - - - -
32 4327 MINOR TOOLS & EQUIPMENT - - 97 - - - -
33 4329 OFFICE SUPPLIES-OTHER - - 1,354 - - - -
34 4332 JANITORIAL SUPPLIES - - - - 11,000 - -
35 4334 ROCK ASPHALT SAND ETC - - - 15,000 900 13,350 13,350 36 4432 UNCOLLECTIBLE ACCOUNTS 5,963 3,000 2,097 3,000 3,000 3,060 3,060 37 4441 MISCELLANEOUS EXPENSE - - - - - - -
38 5819 VEHICLES - OTHER - - - - 153,625 153,625 153,625 39 5822 TECHNOLOGY CHARGES 9,530 11,789 11,789 12,277 11,627 11,627 11,627 40 5826 RETIREE BENEFIT CHARGES 2,394 3,220 3,220 3,376 4,088 4,169 4,169 41 5827 GENERAL LIABILITY CHG 5,202 7,547 7,547 8,932 8,505 8,788 8,788 42 5828 INDIRECT OVERHD-CITYWIDE 39,700 48,800 48,800 51,790 61,940 63,520 63,520 43 Additional Organic Recycling Hauling Fee 487,740 $ 487,740 B 45 TOTAL EXPENSES $ 3,153,782 $ 3,316,644 $ 3,152,018 $ 3,416,322 $ 3,939,182 $ 4,061,390 $ 443,536 $ 4,504,926 46 47 Revenues
48 3621 REFUSE COLLECTION $ 2,923,934 $ 3,092,375 $ 3,053,833 $ 2,989,637 $ 3,643,000 $ 3,760,000 $ 3,760,000 49 TOTAL REVENUES $ 2,923,934 $ 3,092,375 $ 3,053,833 $ 2,989,637 $ 3,643,000 $ 3,760,000 $ - $ 3,760,000 50 51 Over/Under Recovery $ (229,848) $ (224,269) $ (98,185) $ (426,685) $ (296,182) $ (301,390) $ (744,926) Notes:
A Adjustments were made to remove the portion of expense that is used to fund commercial solid waste collection, which according to City staff is 15% of salary expenses.
B Additional organic recycling hauling cost per Republic cost proposal 8.14.24 set at $3.61 per household per month. $3.61 x 11,259 customers x 12 months = $487,740
City of Brea
Solid Waste Cost of Service
Residential Solid Waste Budget
Prepared by NewGen Strategies and Services
10/1/2024
ATTACHMENT B
Schedule 2
Line
No.
FY
2021-2022
FY
2022-2023
FY
2023-2024
FY
2024-2025
Notes
1 Monthly Billed Rate
2 Net to Hauler $ 14.75 $ 15.95 $ 16.76 $ 16.68 A
3 Tonnage Fees 6.57 6.19 6.14 7.16 A
4 Less Recycling Credit (0.25) (0.33) (0.29) (0.29) A
5 Franchise Fee 2.04 2.12 2.20 2.29 A
6 Public Works/Utility Billing 1.27 1.35 1.65 1.96 A
7 Total $ 24.38 $ 25.28 $ 26.46 $ 27.80 A
8 Additional Fees
9 Additional Trash Cart ($/month) $ 11.74 $ 12.24 $ 12.54 $ 13.15 A 10 Cost of Service
11 FY 2024 - 2025 $ 4,504,926 B
12 Customer Count
13 Residential Customers 11,219 11,276 11,234 11,259 C
14 Number of Households with addt'l cart 523 555 561 646 C 15 Revenue from Rates
16 Est. Solid Waste Revenue (Standard Service) $ 3,756,002 D 17 Est. Additional Cart Revenue 101,939 E
18 Total (Annual) $ 3,857,941
19 Over / Under $ (646,985) F
20 Increase per Month to recover Additional Organic Recycling Hauling $ 3.61 I 21 Increase per Month required in Addition to Republic Increase 1.18 J 22 Increase per Month to Recover Cost of Service $ 4.79 G 23 Monthly Rate to Recover the Cost of Service $ 32.59 H Notes:
A
B
C
D
E
F
G
H
I
J
Calculated by dividing the Variance (Line 19) by the number of Residential Customers (Line 13) divided by 12 months.
The required rate of $32.59 per month is calculated by adding the amount needed to increase the billed rate per month to recover the total Cost of Service (Line 22) to the current Monthly Billed Rate (Line 7).
From Republic Memo 8.14. Increase includes Franchise Fee.
The remaining shortfall required to be recovered for FY 2024 - 2025 after including a $3.61 per month increase City of Brea
Solid Waste Cost of Service
Contracted Rates
Rate components as itemized in City's Finance Committee Memorandums dated May 12, 2020, May 11, 2021, May 9, 2023, and May 2024 which were provided as part of the data request.
The cost of service calculated per NewGen based on the FY 2024 - 2025 Budget and adjustments, as noted in Schedule 1.
Per Republic memo 8.14.
Calculated by multiplying the Number of Residential Customers (Line 13) by the monthly fee (Line 7) for a year (12 months):
11,259 X $27.80 X 12 = $3,756,002
Calculated by multiplying the Number of Households with an Additional Trash Cart (Line 14) by the monthly fee (Line 9) for a year (12 months):
646 X $13.15 X 12 = $101,939
The Variance between the FY 2024 - 2025 Cost of Service (Line 11) and the Estimated Revenue Generated from Rates (Line 18):
$3,857,941 -$4,504,926 = - $646,985.
$646,985 / 11,259 customers / 12 months = $4.79
Monthly Rate to Recover the Cost of Service = $27.80 + $4.79 = $32.59 Prepared by NewGen Strategies and Solutions
10/1/2024
ATTACHMENT B
Combined Resolution- approving agreement and rates
RESOLUTION NO. 2025-_____
A RESOLUTION OF THE BREA CITY COUNCIL APPROVING
ADJUSTMENTS TO THE SOLID WASTE AND RECYCLING SERVICE
RATES; APPROVING A SECOND AMENDED AND RESTATED
FRANCHISE AGREEMENT WITH REPUBLIC WASTE SERVICES OF
SOUTHERN CALIFORNIA, LLC; MAKING A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT; AND TAKING RELATED ACTIONS
A. RECITALS:
(i) By enactment of the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.), the Legislature has declared that it is in the public interest to require local agencies to make adequate provision for solid waste handling within their respective jurisdictions to meet the statute’s objectives. (ii) Pursuant to Public Resources Code Sections 40059 and 49300, and pursuant to Brea City Code Sections 8.28.030 and 8.28.070, the City is authorized to grant a qualified solid waste enterprise an exclusive franchise for the collection, transportation, recycling, composting and disposal of solid waste (“Solid Waste Services”).
(iii) The City and Republic Waste Services of Southern California, LLC (“Brea Disposal”) (successor to Taormina Industries, LLC) are parties to a September 3, 2002 Restated and Amended Agreement for the Collection, Transportation, Recycling, Composting and Disposal of Solid Waste, Recyclable and Compostable Materials (“2002 Franchise Agreement”).
(iv) The City and Brea Disposal have supplemented the 2002 Franchise Agreement by executing a November 19, 2019 Commercial Organics Recycling Program Agreement (“2019 CORP Agreement”), and have amended the 2002 Franchise Agreement by executing a January 21, 2020 Amendment No. 1 to Restated and Amended Agreement for the Collection, Transportation, Recycling, Composting and Disposal of Solid Waste, Recyclable and Compostable Materials (“2020 Amendment”). (v) The 2002 Franchise Agreement, as amended by the 2020 Amendment, is referred to herein as the “Current Agreement.”
(vi) Senate Bill 1383 (2016) and implementing California Department of Resources Recycling and Recovery (“CalRecycle”) regulations (collectively, “SB 1383”) require jurisdictions to provide organic waste collection services to all solid waste generators, and, in connection therewith, meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other mandates. (vii) Brea Disposal represents and warrants to the City that it has the experience, responsibility, and qualifications to perform services required by SB 1383.
ATTACHMENT C
Resolution No. 2025-____
(viii) The City and Brea Disposal have negotiated in good faith a Second Amended and Restated Franchise Agreement (“2025 Franchise Agreement”), a copy of which is attached to the staff report for this item and on file in the office of the City Clerk, that amends and restates the Current Agreement, incorporates provisions of the 2019 CORP Agreement, and memorializes the rights and obligations of the City and Brea Disposal in a single document that facilitates implementation of new programs mandated by SB 1383.
(ix) Implementing the new programs mandated by SB 1383 will result in additional costs being incurred by Brea Disposal, and Brea Disposal has requested the City Council to approve adjustments to the solid waste and recycling service rates for all Brea solid waste customers.
(x) In accordance with the requirements of Section 6 of Article XIII D of the California Constitution (also known as Proposition 218) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.), the City identified the parcels which receive Solid Waste Services (the “Identified Parcels”), calculated the proposed adjustments to the solid waste and recycling service rates for the Identified Parcels (the “Proposed Rate Adjustments”), and provided written notice by mail of the time and place of a public hearing by the City Council on the Proposed Rate Adjustments to the record owner of each Identified Parcel and any tenant directly responsible for the payment of the solid waste and recycling service rates. (xi) The City Council held a public hearing on the Proposed Rate Adjustments on February 4, 2025, and, prior to the conclusion of the public hearing, any owner of an Identified Parcel and any tenant directly responsible for the payment of the solid waste and recycling service rates was allowed to submit a written protest against the Proposed Rate Adjustments, provided that only one written protest per parcel, filed by an owner of the parcel or a tenant, shall be counted in calculating whether there is a majority protest against the Proposed Rate Adjustments.
(xii) At the public hearing, the City Council considered all oral testimony, written materials, and written protests concerning the Proposed Rate Adjustments, and at the close of the public hearing, the City Council determined that there were not written protests against the Proposed Rate Adjustments submitted (and not withdrawn) representing a majority of the Identified Parcels, and, therefore, there was not a majority protest filed against the Proposed Rate Adjustments.
(xiii) In order to protect the public health, safety, and well-being, the City Council now desires to approve the 2025 Franchise Agreement and the Proposed Rate Adjustments.
(xiv) Health and Safety Code Section 5471 authorizes the City Council, by a twothirds vote of its members, to approve the Proposed Rate Adjustments by resolution. (xv) The solid waste and recycling service rates, as adjusted by the Proposed Rate Adjustments (the “Initial Maximum Rates”), are set forth in Exhibit D to the 2025 Franchise Agreement and Exhibit A to this Resolution.
ATTACHMENT C
Resolution No. 2025-____
B. RESOLUTION:
NOW, THEREFORE, it is found, determined and resolved by the Brea City Council as follows:
1. The facts set forth in the Recitals are true and correct.
2. The City Council finds and determines that approval of the 2025 Franchise Agreement and the Proposed Rate Adjustments is exempt from California Environmental Quality Act (“CEQA”) review pursuant to statutory and categorical exemptions including those set forth at California Code of Regulations Title 14, Sections 15061(b)(3), 15273(a), 15301, and 15308. Development and implementation of the amended organic waste collection services pursuant to the 2025 Agreement is a requirement of SB 1383 and CalRecycle, and is exempt from CEQA because it is an action pursuant to a regulatory requirement to assure the protection of the environment and involves procedures for protection of the environment. Furthermore, the amended organic waste collection services apply to the City’s existing volume of generated solid waste where there is no expansion of use. The Proposed Rate Adjustments are necessary to meet operating expenses of the organic waste collection program. These approvals additionally are exempt pursuant to the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment.
3. The City Council finds that the public health, safety, and well-being require Solid Waste Services to be provided pursuant to an exclusive franchise agreement. The proposed 2025 Franchise Agreement with Brea Disposal, in substantially the form attached to the staff report for this item and on file in the office of the City Clerk, is approved. The Mayor is authorized to and shall execute the 2025 Franchise Agreement subject to any clerical or otherwise nonsubstantive revisions deemed necessary or appropriate by the City Attorney.
4. The City Council approves the Initial Maximum Rates, which are for the rate period ending June 30, 2025. The Initial Maximum Rates may be adjusted for inflation in accordance with the methodology and formulas set forth in the 2025 Franchise Agreement on July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028, without the City holding additional public hearings pursuant to Proposition 218, provided that the City will provide, or cause to be provided, written notice each year to the record owners of parcels receiving Solid Waste Services and tenants who are directly responsible for paying the fee for Solid Waste Services at least 30 days in advance of each annual inflationary increase taking effect.
5. The City Manager is authorized to do all things necessary and proper to implement this resolution.
6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this ____ day of ______, 2025.
ATTACHMENT C
Resolution No. 2025-____
________________________________
Blair Stewart, Mayor
ATTEST:
______________________________________
Lillian Harris-Neal, City Clerk
Attachment: Exhibit A (Initial Maximum Rates)
ATTACHMENT C
3024958.2
EXHIBIT A:
DEFINITIONS
3024958.2
This page intenƟonally leŌ blank
EXHIBIT A
DEFINITIONS
Live Edits Page A-1 Franchise Agreement, Exhibit A
3024958.2
For purposes of this Agreement, unless a different meaning is clearly required, the following words and phrases shall have the following meanings respecƟvely ascribed to them by this Exhibit (which words may not be capitalized but sƟll have the meanings set forth below). In the event of a material discrepancy between a definiƟon in this Exhibit and a definiƟon specified in an applicable state statute or regulaƟon, the definiƟon in the state statute or regulaƟon shall control. “AB 341” means Assembly Bill 341 (2011).
“AB 1826” means Assembly Bill 1826 (2014).
“AB 2176” means Assembly Bill 2176 (2004).
“Abandoned Waste” means recyclable materials, organic materials, solid waste, C&D, excluded waste, bulky goods, or other materials that have been abandoned, liƩered, or illegally dumped in the public rightof-way or on public property. “Advanced Clean Fleets RegulaƟon” means 13 CCR SecƟons 2013, 2013.1, 2013.2, 2013.3, 2013.4, 2014,2014.1, 2014.2, 2014.3, 2015, 2015.1, 2015.2, 2015.3, 2015.4, 2015.5, 2015.6, and 2016. “Agreement” means this Second Amended and Restated Franchise Agreement. “Approved C&D Facility” means a C&D facility idenƟfied in Exhibit L. “Approved Facility” means (as appropriate for the context) any one of or any combinaƟon of: approved recyclable materials processing facility; approved organic materials processing facility; approved transfer facility; approved C&D facility; and, approved reusable materials processing facility. “Approved Organic Materials Processing Facility” means an organic materials processing facility idenƟfied in Exhibit L.
“Approved Processing Facility” means (as appropriate for the context) any one of or any combinaƟon of:
approved recyclable materials processing facility; approved organic materials processing facility; approved C&D facility; and, approved reusable materials processing facility. “Approved Recyclable Materials Processing Facility” means a recyclable materials processing facility idenƟfied in Exhibit L.
“Approved Reusable Materials Processing Facility” means a reusable materials processing facility idenƟfied in Exhibit L.
“Approved Transfer Facility” means a transfer facility idenƟfied in Exhibit L. “Bin” means a container with capacity of approximately one to eight cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front end-loading collecƟon vehicle, including bins with compactors aƩached to increase the capacity of the bin.
EXHIBIT A
DEFINITIONS
Live Edits Page A-2 Franchise Agreement, Exhibit A
3024958.2
“Blue Container” means a container where either: (a) the lid of the container is blue in color, or (b) the body of the container is blue in color and the lid is either blue, gray, or black in color. Hardware such as hinges and wheels on a blue container may be any color. Blue containers shall be used for the purpose of storage and collecƟon of source separated recyclable materials, which includes non-putrescible and nonhazardous recyclable wastes such as cans, metals, plasƟcs, and glass, or as otherwise defined in 14 CCR SecƟon 18982(a)(43).
“Brown Container” means a container for the purpose of storage and collecƟon of source separated food waste and has the same meaning as in 14 CCR SecƟon 18982.2(a). “Bulky Goods” means discarded appliances (including non-industrial refrigerators that can be handled by two people), furniture, Ɵres, rolled and secured rugs and carpets less than six feet long, maƩresses, ewaste, bundled and Ɵed yard trimmings and/or wood waste exceeding 18 inches in diameter or four feet in length, and similar large items that can be handled by two people, and require special collecƟon due to their size or nature but can be collected without the assistance of special loading equipment (such as forkliŌs or cranes) and without violaƟng vehicle load limits. Bulky goods must have been generated at the service address where they are collected. Bulky goods do not include abandoned automobiles, large auto parts, trees, construcƟon and demoliƟon debris, or items herein defined as excluded waste. “Business Days” mean days during which City offices are open to do business with the public. “CalPERS” means California Public Employee ReƟrement System. “CalRecycle” means California Department of Resources Recycling and Recovery. “CARB” means California Air Resources Board.
“Cardboard” means corrugated fiberboard consisƟng of a fluted corrugated sheet and one or two flat linerboards, as is oŌen used in the manufacture of shipping containers and corrugated boxes. Cardboard is a subset of recyclable materials.
“Cart” means a plasƟc container with a hinged lid and wheels that is serviced by an automated or semiautomated collecƟon vehicle. A cart has capacity of 20, 35, 64 or 96 gallons (or similar volumes). “CCR” means California Code of RegulaƟons.
“CERCLA” means Comprehensive Environmental Response, CompensaƟon, and Liability Act (42 U.S.C.
SecƟon 9600 et seq.).
“Change in Law” means any of the following events or condiƟons that occurs aŌer the EffecƟve Date and has a material and adverse effect on the performance of this Agreement except for payment obligaƟons:
A. The enactment, adoption, promulgation, issuance, modification, or change in administrative or judicial interpretation of any applicable law.
EXHIBIT A
DEFINITIONS
Live Edits Page A-3 Franchise Agreement, Exhibit A
3024958.2
B. The order or judgment of any public agency, to the extent such order or judgment is not the result of willful or negligent action, error or omission, or lack of reasonable diligence of the party asserting the occurrence of a change in law.
“City” means the City of Brea, a California municipal corporaƟon. “City Code” means the Brea City Code.
“City Council” means the Brea City Council.
“City Fees” means all fees payable to City.
“City Manager” means the Brea City Manager or such person’s designee. “Collect” or “CollecƟon” means the act of taking possession of recyclable materials, organic materials, solid waste, bulky goods, and other material at the place of generaƟon. “Commercial Business," “Commercial Customer,” “Commercial Subscriber,” or “Commercial” shall mean a firm, partnership, proprietorship, joint-stock company, corporaƟon, or associaƟon, whether for-profit or nonprofit, strip mall, industrial facility, or a mulƟ-family dwelling. A mulƟ-family dwelling that consists of fewer than five units is not a commercial business.
“Commercial Edible Food Generator” includes Ɵer one commercial edible food generators and Ɵer two commercial edible food generators, or as otherwise defined in 14 CCR SecƟon 18982(a)(7). For the purposes of this definiƟon, food recovery organizaƟons and food recovery services are not commercial edible food generators.
“Commercial Premises” includes premises upon which business acƟvity is conducted including retail sales, services, wholesale operaƟons, manufacturing and industrial operaƟons, and mulƟ-family residenƟal faciliƟes, but excluding residenƟal premises upon which business acƟviƟes are conducted when such acƟviƟes are permiƩed under applicable zoning regulaƟons and are not the primary use of the property. Premises upon which mulƟ-family faciliƟes, hotels, and motels are operated shall be deemed to be commercial premises.
“Community ComposƟng” means any acƟvity that composts green material, agricultural material, food material, and vegetaƟve food material, alone or in combinaƟon, and the total amount of feedstock and compost on-site at any one Ɵme does not exceed 100 cubic yards and 750 square feet. “Compactor” means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compacƟon apparatus. Compactors include two to eight cubic yard bin compactors serviced by front-end loader collecƟon vehicles and 10 to 40 cubic yard roll-off box compactors serviced by roll-off collecƟon vehicles.
“Complaint” shall mean each wriƩen or orally communicated statement made to City or Contractor alleging: (1) non-performance or deficiencies in Contractor’s performance of this Agreement; (2) a violaƟon by Contractor of this Agreement; or, (3) a non-compliance with SB 1383.
EXHIBIT A
DEFINITIONS
Live Edits Page A-4 Franchise Agreement, Exhibit A
3024958.2
“Compostable PlasƟcs” or “Compostable PlasƟc” means plasƟc materials that meet the ASTM D6400 standard for compostability.
“ComposƟng” or “Compost” means a controlled biological decomposiƟon of organic materials yielding a safe and nuisance free compost product.
“ConstrucƟon and DemoliƟon Debris (C&D)” includes discarded building materials, packaging, debris, and rubble resulƟng from construcƟon, alteraƟon, remodeling, repair, or demoliƟon operaƟons on any pavements, excavaƟon projects, houses, commercial buildings, or other structures, excluding excluded waste. ConstrucƟon and demoliƟon debris includes rocks, soils, tree remains, and other yard trimmings that result from land clearing or land development operaƟons in preparaƟon for construcƟon. “Consumer Price Index” or “CPI” means the Consumer Price Index for all Urban Consumers (CPI-U) CUURS49ASA0, Los Angeles-Long Beach-Anaheim, All Items. “Containers” mean bins, carts, compactors, and roll-off boxes. “Contractor” means Republic Waste Services of Southern California, LLC, a Delaware limited liability company (formerly known as Taormina Industries, LLC), which is a wholly owned subsidiary of Republic Services, Inc. and does business as Brea Disposal.
“County” means the County of Orange, a poliƟcal subdivision of the State of California. "County Agreement" means the Waste Disposal Agreement set forth in Exhibit K. “CPRA” means California Public Records Act (Government Code SecƟon 7920.000 et seq.). “Curb” or “Curbside” means the cornered edging between the street and sidewalk. Curb or curbside also means and describes the locaƟon of a collecƟon container for pick-up, where such container is placed on the street or alley against the face of the curb, or where no curb exists, the container is placed not more than five feet from the outside edge of the street or alley nearest the property’s entrance. “Customer” means the person whom Contractor or City submits its billing invoice to and collects payment from for collecƟon services provided to a premises. The customer may be either the occupant or owner of the premises.
“Customer Type” means the customer’s sector category. Customer type includes single-family, mulƟfamily, commercial, roll-off box, and City. “Designated Disposal Facility” means a landfill disposal facility owned and operated by the County. “Designated Waste” means either of the following:
A. Hazardous waste that has been granted a variance from hazardous waste management requirements pursuant to Health and Safety Code Section 25143.
B. Nonhazardous waste that consists of, or contains, pollutants that, under ambient environmental conditions at a waste management unit, could be released in concentrations exceeding applicable
EXHIBIT A
DEFINITIONS
Live Edits Page A-5 Franchise Agreement, Exhibit A
3024958.2
water quality objectives or that could reasonably be expected to affect beneficial uses of the waters of the state as contained in the appropriate state water quality control plan. "Director” means the Brea Director of Maintenance Services or such person’s designee. “Discarded Materials” means recyclable materials, organic materials, and solid waste placed by a generator in a receptacle and/or at a locaƟon for the purposes of collecƟon by Contractor, excluding excluded waste.
“Disposal” or “Dispose” means the final disposiƟon of solid waste or processing residue at a disposal facility.
“Disposal Facility” means a landfill or other facility for ulƟmate disposal of solid waste. “Divert” or “Diversion” means to prevent discarded materials from disposal at landfill or transformaƟon faciliƟes (including faciliƟes using incineraƟon, pyrolysis, disƟllaƟon, gasificaƟon, or biological conversion methods) through source reducƟon, reuse, recycling, composƟng, anaerobic digesƟon, or other method of processing. Diversion is a broad concept that is to be inclusive of material handling and processing changes that may occur during the term of this Agreement including changes in standard industry pracƟce or implementaƟon of innovaƟve (but not necessarily fully proven) techniques or technology that reduce disposal risk, decrease costs, and/or are for other reasons deemed desirable by City. “DMV” means California Department of Motor Vehicles.
“Dwelling Unit” means any individual living unit in a single-family dwelling or mulƟ-family dwelling structure or building, a mobile home, or a motor home located on a permanent site intended for, or capable of being uƟlized for, residenƟal living other than a hotel or motel. “Edible Food” means food intended for human consumpƟon. Edible food is not solid waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code (Health & Safety Code § 11700 et seq.).
“E-Waste" means discarded electronic equipment including televisions, computer monitors, CPUs, laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices. Some e-waste or components thereof may be hazardous waste or include hazardous substances and thus require special handling, processing, or disposal.
“Excluded Waste” means hazardous substance, hazardous waste, infecƟous waste, designated waste, volaƟle, corrosive, biomedical, infecƟous, biohazardous, and toxic substances or material; waste that Contractor reasonably believes would, as a result of or upon disposal, be a violaƟon of applicable law, including land use restricƟons or condiƟons; waste that cannot be disposed of in Class III landfills; and, waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise expose Contractor or City to potenƟal liability. Excluded waste does not include de minimis volumes or concentraƟons of waste of a type and amount normally
EXHIBIT A
DEFINITIONS
Live Edits Page A-6 Franchise Agreement, Exhibit A
3024958.2
found in residenƟal solid waste aŌer implementaƟon of programs for the safe collecƟon, recycling, treatment, and disposal of baƩeries and paint in compliance with Public Resources Code SecƟons 41500 and 41802. Excluded Waste also does not include used motor oil and filters or household baƩeries when properly placed for collecƟon by Contractor.
“Flow Control” means City’s right to direct discarded materials to a facility of its choosing. “Food Recovery” means acƟons to collect and distribute food for human consumpƟon that otherwise would be disposed.
“Food Recovery OrganizaƟon” means an enƟty that primarily engages in the collecƟon or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other enƟƟes. Food recovery organizaƟon includes:
A. A food bank as defined in Health and Safety Code Section 113783.
B. A nonprofit charitable organization as defined in Health and Safety Code Section 113841.
C. A nonprofit charitable temporary food facility as defined in Health and Safety Code Section 113842. “Food Recovery Service” means a person or enƟty that collects and transports edible food from a commercial edible food generator to a food recovery organizaƟon or other enƟƟes for food recovery. “Food Scraps" means those discarded materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparaƟon, cooking, or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable trimmings, houseplant trimmings, and other compostable organic waste common to the occupancy of residenƟal dwellings. Food scraps are a subset of food waste. “Food-Soiled Paper” means compostable paper material that has come in contact with food scraps or liquid. Food-soiled paper includes compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
“Food Waste” means source separated food scraps, food-soiled paper, and compostable plasƟcs. Food waste is a subset of organic materials.
“Generator” means any person whose act or process produces discarded materials, or whose act first causes discarded materials to become subject to regulaƟon. “Gray Container” means a container where either: (a) the lid of the container is gray or black in color; or, (b) the body of the container is enƟrely gray or black in color and the lid is gray or black in color. Hardware such as hinges and wheels on a gray container may be any color. Gray containers shall be used for the purpose of storage and collecƟon of gray container waste. “Gray Container Waste” means solid waste that is collected in a gray container that is part of a three- or four-container organic waste collecƟon service that prohibits the placement of organic waste in the gray container.
EXHIBIT A
DEFINITIONS
Live Edits Page A-7 Franchise Agreement, Exhibit A
3024958.2
“Green Container” means a container where either: (a) the lid of the container is green in color; or, (b) the body of the container is green in color and the lid is green, gray, or black in color. Hardware such as hinges and wheels on a green container may be any color. Green containers shall be used for the purpose of storage and collecƟon of source separated green container organic waste, which includes green waste and organic waste.
"Gross Receipts" shall mean and include all monies, fees, charges, consideraƟon, and revenue received by Contractor in connecƟon with the performance of this Agreement except as noted below. Except as provided in the following sentences, in calculaƟng the total amount of gross receipts, no deducƟons or subtracƟons of any kind shall be made by Contractor in determining gross receipts pursuant to this Agreement such as: fines, penalƟes, claims, seƩlements, and judgments; or, any other cost of doing business. Gross receipts do not include the City residenƟal maintenance fee or revenue received from the sale of recyclables
“GTCI” means the Consumer Price Index for Garbage and Trash CollecƟon in U.S. city average, all urban consumers, not seasonally adjusted (CUUR0000SEHG02).
“Hazardous Substance” means any of the following: (a) any substances defined, regulated, or listed (directly or by reference) as “hazardous substances,” “hazardous materials,” hazardous wastes,” “toxic waste,” “pollutant,” or “toxic substances,” or similarly idenƟfied as hazardous to human health or the environment, in or pursuant to: (i) CERCCLA; (ii) the Hazardous Materials TransportaƟon Act (49 USC § 1802 et seq.); (iii) the Resource ConservaƟon and Recovery Act (42 USC § 6901 et seq.); (iv) the Clean Water Act (33 USC § 1251 et seq.); (v) Health and Safety Code SecƟons 25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act (42 USC § 7901 et seq.); and, (vii) Water Code SecƟon 13050; and, (b) any other hazardous or toxic substance, material, chemical, waste, or pollutant idenƟfied as hazardous or toxic or regulated under any other applicable law including friable asbestos, PCBs, petroleum, natural gas, and syntheƟc fuel products, and by-products.
“Hazardous Waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by Health and Safety Code SecƟons 25110.02, 25115, and 25117 or idenƟfied and listed as hazardous waste by the U.S. Environmental ProtecƟon Agency. Hazardous waste includes household hazardous waste and medical waste. Where there is a conflict in the definiƟons employed by two or more agencies having jurisdicƟon over hazardous or solid waste, the term “hazardous waste” shall be construed to have the broader, more encompassing definiƟon. “Holiday” means any of the following: New Year’s Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and, Christmas Day.
“Household Hazardous Waste” or “HHW” means hazardous waste generated at residenƟal premises.
HHW includes paint, stain, varnish, thinner, adhesives, auto products (such as old fuel, used motor oil and filter), baƩeries, household baƩeries, fluorescent bulbs, tubes, cleaners and sprays, pesƟcides, ferƟlizers and other garden products, needles, syringes, and lancets. “InfecƟous Waste” means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceuƟcal industries, blood banks, mortuaries, veterinary faciliƟes, and other similar establishments that are idenƟfied in Health and Safety Code SecƟon 25117.5.
EXHIBIT A
DEFINITIONS
Live Edits Page A-8 Franchise Agreement, Exhibit A
3024958.2
“Mulch” means a layer of material that is applied on top of soil and that saƟsfies all of the following criteria:
A. Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
B. Was produced at one or more of the following types of facilities:
1. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under Division 7 of Title 14 of the CCR, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10).
This criteria disallows mulch produced from chipping and grinding operations to count toward fulfillment of City’s annual organic waste product procurement target.
2. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Section 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR, Division 7, Chapter 12.
3. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR, Division 2.
“MulƟ-Family,” “MulƟ-Family Dwelling,” or “MFD” means any residenƟal premises, other than a singlefamily premises, with five or more dwelling units used for residenƟal purposes (regardless of whether residence therein is temporary or permanent), including such premises when combined in the same building with commercial establishments, that receive centralized, shared, collecƟon service for all units on the premises that are billed to one customer at one address. Customers residing in townhouses, mobile homes, condominiums, or other structures with five or more dwelling units who receive curbside cart service for refuse, recycling, and organic materials shall not be considered mulƟ-family. “OAL” means California Office of AdministraƟve Law.
“Occupant” means a person who lawfully occupies a premises. “Organic Material” or “Organics” means yard trimmings and food waste. No discarded material shall be considered to be organic material, however, unless it is separated from recyclable material and solid waste.
Organic material is a subset of organic waste.
“Organic Waste” means wastes containing material originated from living organisms and their metabolic waste products including food, yard trimmings, organic texƟles and carpets, lumber, wood, paper products, prinƟng and wriƟng paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR SecƟon 18982(a)(46).
“Owner” means the person(s) holding legal Ɵtle to real property. Owner includes the person(s) listed on the latest equalized assessment roll of the County Assessor. "Party” or “ParƟes” means the City and Contractor, individually or together. “Person” means an individual, firm, associaƟon, organizaƟon, partnership, consorƟum, corporaƟon, trust, joint venture, commercial enƟty, public agency, or other legal enƟty.
EXHIBIT A
DEFINITIONS
Live Edits Page A-9 Franchise Agreement, Exhibit A
3024958.2
“Premises” means any land or building where recyclable material, organic material, or solid waste is generated or accumulated.
“Processing” or “Process” means to prepare, treat, or convert through some special method. “Processing Facility” means any plant or site used for the purpose of sorƟng, cleansing, treaƟng, or reconsƟtuƟng recyclable material or reusable material for the purpose of making such material available for recycling or reuse or the facility for the processing and/or composƟng of organic material. “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the blue container that are not idenƟfied as acceptable recyclable material for City’s collecƟon program; (ii) discarded materials placed in the green container or brown container that are not idenƟfied as acceptable organic materials for City’s collecƟon program; (iii) discarded materials placed in the gray container that are acceptable recyclable material and/or organic materials to be placed in the blue container, green container, or brown containers or otherwise managed under City’s collecƟon program; and, (iv) special waste and excluded waste placed in any container.
“Proprietary InformaƟon” or “Proprietary” or “ConfidenƟal” means that informaƟon provided by Contractor to City that is exempt from disclosure under the CPRA as a trade secret. Proprietary informaƟon does not include Contractor’s customer lists or informaƟon required for reporƟng purposes to be submiƩed to City in any report specified in this Agreement. “Public Street” means all City-owned and maintained paved areas between the normal curb line of a roadway, including public parking lots, roadway dividers, and medians. “Putrescible Waste” means material capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gasses, or other offensive condiƟons, and include materials such as food wastes and offal.
“Rate” means the maximum amount, expressed as a dollar unit, approved by City that Contractor may bill a customer for providing services under this Agreement. A rate has been established for each individual service level and the iniƟal rates for Rate Period Zero and Rate Period One are set forth in Exhibit D. “Rate Period” means a 12-month period commencing July 1 and concluding the following June 30. “Recyclable Material” or “Recyclables” means those discarded materials that the generators set out in recyclables containers for collecƟon for the purpose of recycling by Contractor and that exclude excluded waste. Discarded materials shall not be considered recyclable material unless such material is separated from organic material and solid waste. Recyclable material includes: newspaper (including inserts, coupons, and store adverƟsements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construcƟon paper, envelopes, legal pad backings, shoe boxes, cereal, and other similar food boxes yet excluding paper Ɵssues, paper towels, paper with plasƟc coaƟng, paper contaminated with food, wax paper, foil-lined paper and cartons, and Tyvex non-tearing paper envelopes); chipboard; corrugated cardboard; glass containers of any color (including brown, clear, and green glass boƩles and jars); aluminum (including beverage containers and small pieces of scrap metal); steel, Ɵn, or
EXHIBIT A
DEFINITIONS
Live Edits Page A-10 Franchise Agreement, Exhibit A
3024958.2
bi-metal cans; mixed plasƟcs such as plasƟc containers (numbers one to seven), plasƟc six and EPS; boƩles including containers made of HDPE, LDPE, or PET; and, those materials added by Contractor from Ɵme to Ɵme.
“Recycle” or “Recycling” means the process of sorƟng, cleansing, treaƟng, and reconsƟtuƟng at a recyclable materials processing facility, materials that would otherwise be disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconsƟtuted products. Recycling includes processes deemed to consƟtute a reducƟon of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, ArƟcle 2. Recycling does not include gasificaƟon or transformaƟon as defined in Public Resources Code SecƟon 40201. “Related-Party EnƟty” means all businesses (including corporaƟons, limited and general partnerships, and sole proprietorships) that are related to Contractor by virtue of ownership interests or common management. Related-party enƟƟes shall be limited to those businesses that are directly or indirectly involved in the Contractor’s performance of this Agreement. Related-party enƟty includes a business in which Contractor has an ownership interest, a business that has an ownership interest in Contractor, and a business that is also owned, controlled, or managed by any person that has an ownership interest in Contractor. For purposes of determining whether an indirect ownership interest exists, the construcƟve ownership provisions of 26 U.S.C. SecƟon 318(a) shall apply; provided, however, (i) “ten percent” shall be subsƟtuted for “fiŌy percent” in SecƟon 318(a)(2)(C) and in SecƟon 318(a)(3)(C); and, (ii) SecƟon 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this Paragraph and construcƟve or indirect ownership under SecƟon 318(a), ownership interest of less than 10% shall be disregarded, and percentage interests shall be determined on the basis of the percentage of voƟng interest or value that the ownership interest represents, whichever is greater. “Renewable Natural Gas” or “RNG” means gas derived from organic waste that has been diverted from a landfill and processed at an in-vessel digesƟon facility that is permiƩed or otherwise authorized by 14 CCR to recover organic waste, or as otherwise defined in 14 CCR SecƟon 18982(a)(62). “ResidenƟal” means of, from, or pertaining to a single-family premises or mulƟ-family premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperaƟve apartments.
“Residue” means those materials that, aŌer processing, are disposed rather than recycled due to either the lack of markets for materials or the inability of the processing facility to capture and recover the materials.
“Reusable Material” means items that are capable of being used again aŌer minimal processing. Reusable material may be collected, source separated, or recovered through a processing facility. “Roll-Off Box” means an open-top container with a capacity of 10 to 40 cubic yards that is serviced by a roll-off collecƟon vehicle.
“SB 54” means Senate Bill 54 (2022).
“SB 1383” means Senate Bill 1383 (2016).
EXHIBIT A
DEFINITIONS
Live Edits Page A-11 Franchise Agreement, Exhibit A
3024958.2
“Self-Hauler” or “Self-Haul” means a person who hauls discarded materials, recovered material, or any other material that such person generates at its own premises to another person. Self-Hauler also includes a person who back-hauls waste from premises it owns and operates. “Service Level” refers to the size of a customer’s container(s) and the frequency of collecƟon service. “Sharps” means hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medicaƟons. “Single-Family” or “SFD” means any detached or aƩached house or residence designed or used for occupancy by one family, provided that collecƟon service feasibly can be provided to such premises as an independent unit. Single-family includes mobile homes, townhouses, and each independent unit of duplex, tri-plex, or four-plex residenƟal structures, regardless of whether each unit is separately billed for its specific service level. Customers residing in townhouses, mobile homes, condominiums, or other structures with five or more dwelling units who receive curbside cart service for refuse, recycling, and organic materials shall not be considered single-family. “Solid Waste” means solid waste as defined in Public Resources Code SecƟon 40191. Solid waste does not include excluded waste, C&D, source separated recyclable material, source separated organic material, and radioacƟve waste. Solid waste may include de minimis volumes or concentraƟons of waste of a type and amount normally found in residenƟal solid waste aŌer implementaƟon of programs for the safe collecƟon, recycling, treatment, and disposal of household hazardous waste in compliance with Public Resources Code SecƟons 41500 and 41802. Solid waste includes salvageable materials only when such materials are included for collecƟon in a solid waste container not source separated from solid waste at the site of generaƟon.
“Source Separated” means the segregaƟon, by the generator, of materials designated for separate collecƟon for some form of recycling, composƟng, recovery, or reuse. “Special Waste” shall mean solid waste that does not fit the collecƟon criteria and specificaƟons stated in this Agreement.
“Split-Bin” means a bin that is split or divided into two secƟons in order to segregate two source separated discarded material types in one container.
“State” means the State of California.
“Subcontractor” means a person who has entered into a contract with Contractor for the performance of an act that is necessary for Contractor’s fulfillment of its obligaƟons under this Agreement. Subcontractor does not include vendors providing materials and supplies to Contractor. “Tier One Commercial Edible Food Generator” means a commercial edible food generator that is one of the following:
A. Supermarket.
B. Grocery store with a total facility size equal to or greater than 10,000 square feet.
EXHIBIT A
DEFINITIONS
Live Edits Page A-12 Franchise Agreement, Exhibit A
3024958.2
C. Food service provider.
D. Food distributor.
E. Wholesale food vendor.
“Tier Two Commercial Edible Food Generator” means a commercial edible food generator that is one of the following:
A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
B. Hotel with an on-site food facility and 200 or more rooms.
C. Health facility with an on-site food facility and 100 or more beds.
D. Large venue.
E. Large event.
F. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
G. A local education agency with an on-site food facility. “Ton” or “Tonnage” means a unit of measure for weight equivalent to 2,000 standard pounds where each pound contains 16 ounces.
“Townhouse” means an aƩached or semi-aƩached single-family premises within a group of aƩached or semi-aƩached single-family premises, regardless of whether the premises is billed individually or through a central account (e.g., homeowner associaƟon, property manager), wherein each unit maintains an individual collecƟon service subscripƟon, as determined in wriƟng by the City Manager. “Transfer” means the act of transferring the materials collected by Contractor in its route vehicles into larger vehicles for transport to other faciliƟes for the purpose of recycling or disposing of such materials. “TransportaƟon” or “Transport” means the act of conveying collected materials from one locaƟon to another.
“Universal Waste” or “U-Waste” means all wastes as defined by Title 22 CCR SecƟons 66273.1 through 66273.9. Universal waste includes baƩeries, fluorescent light bulbs, mercury switches, and e-waste. “Working Days” means days that Contractor is required to provide regularly scheduled collecƟon services under this Agreement.
“Yard Trimmings” means green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic material resulƟng from normal yard and landscaping maintenance. Yard trimmings does not include excluded waste. Yard trimmings are a subset of organic material. Yard trimmings placed for collecƟon may not exceed six inches in diameter and three feet in length and must fit within the Contractor-provided container.
3024958.2
EXHIBIT B:
DIRECT SERVICES
3024958.2
This page intenƟonally leŌ blank
EXHIBIT B:
DIRECT SERVICES
Live Edits Page B-1 Franchise Agreement, Exhibit B
3024958.2
The following Exhibits (B1 through B4) describe the programs that, in aggregate, represent the direct services to be performed under this Agreement by Contractor.
Each of the following Exhibits (B1 through B4) present the programs to be provided to each customer type by Contractor. Within each program descripƟon are specific requirements for the:
Type and size of containers or service level to be offered by Contractor under each program. Frequency of service to be offered by Contractor to customers. LocaƟon of service, including an indicaƟon of whether or not addiƟonal charges may apply if a customer selects a locaƟon that is more costly to serve (e.g., back-yard service). Materials that are acceptable or prohibited within the program. Provision of addiƟonal services to the customer if the standard service levels are inadequate, either on a regular or periodic basis, and an indicaƟon of whether or not addiƟonal charges may apply. Other requirements and consideraƟons of the program.
Contractor shall provide the services for each program described in accordance with the specific program requirements detailed in Exhibits B1 through B4 and Contractor shall promote such programs using the public educaƟon and outreach methods described in Exhibit C. 3024958.2
This page intenƟonally leŌ blank
3024958.2
EXHIBIT B1:
SINGLE-FAMILY RESIDENTIAL SERVICES
3024958.2
This page intenƟonally leŌ blank
EXHIBIT B1
SINGLE-FAMILY RESIDENTIAL SERVICES
Live Edits Page B1-1 Franchise Agreement, Exhibit B1
3024958.2
1. Recyclable Materials Collection
Contractor shall collect recyclable materials placed in Contractor-provided containers one Ɵme per week from single-family customers and transport all recyclable materials to the approved recyclable materials processing facility for processing.
Containers: Carts
Container Sizes: 64- and 96-gallons (or comparable sizes approved by City).
Standard container size is 96-gallon. 64-gallon service shall be made available for no reducƟon in charge, upon request by customer.
Service Frequency: One Ɵme per week on the same day as organic materials and solid waste collecƟon services
Service LocaƟon: Curbside or alley
Acceptable Materials: Recyclable materials
Prohibited Materials: Solid waste, organic materials, special waste, and excluded waste AddiƟonal Service: Single-family customers shall receive one recyclable materials cart standard and may request an unlimited number of addiƟonal recyclable materials carts at no addiƟonal charge.
Other Requirements: Contractor may refuse to collect a recyclable materials container that contains prohibited container contaminants in the manner and subject to the limits described in SecƟon 5.10 and provided that Contractor leaves a non-collecƟon noƟce in accordance with SecƟon 6.3.B. Contractor shall keep a record of all non-collecƟon noƟces and courtesy pick-up noƟces issued to customers, recording at a minimum the date, customer address, and material type of the container in quesƟon.
2. Organic Materials Collection
Contractor shall collect organic materials placed in Contractor-provided carts one Ɵme per week from single-family customers and transport all organic materials to the approved organic materials processing facility for processing.
Containers: Carts
Container Sizes: 32-, 64-, and 96-gallons (or comparable size approved by City). Standard container size is 96-gallon. 64- or 32-gallon service shall be made available for no reducƟon in charge, upon request by customer.
Service Frequency: One Ɵme per week on the same day as recyclable materials and solid waste collecƟon services
Service LocaƟon: Curbside
Acceptable Materials: Organic materials (including yard trimmings and food waste) Prohibited Materials: Recyclable materials, solid waste, special waste, and excluded waste AddiƟonal Service: Single-family customers shall receive one organic materials cart standard.
Contractor shall provide addiƟonal organic materials carts to single-family customers upon request and may charge the appropriate rate approved by City.
EXHIBIT B1
SINGLE-FAMILY RESIDENTIAL SERVICES
Live Edits Page B1-2 Franchise Agreement, Exhibit B1
3024958.2
Other Requirements: Contractor shall make available, to all single-family customers, kitchen pails for customer purchase at the rate in the approved rate schedule. City shall approve kitchen pail specificaƟons prior to ordering and distribuƟon. Upon City request, Contractor will make available pails that are provided by City at Contractor’s faciliƟes located in Anaheim for pick-up by customers. Contractor may request idenƟficaƟon to confirm City residency.
If the approved organic materials processing facility accepts compostable plasƟc bags, single-family customers may place organic materials in compostable plasƟc bags and then place the bagged organic materials into their organic materials carts for collecƟon. Such bags must be labeled as “compostable” by the manufacturer and cerƟfied by BPI. Contractor shall submit the required compostable plasƟc processing noƟficaƟons in accordance with SecƟon 5.1.I and Exhibit F.
Contractor may refuse to collect an organic materials container that contains prohibited container contaminants in the manner and subject to the limits described in SecƟon 5.10 and provided that Contractor leaves a non-collecƟon noƟce in accordance with SecƟon 6.3.B. Contractor shall keep a record of all non-collecƟon noƟces and courtesy pick-up noƟces issued to Customers, recording at a minimum the date, customer address, and material type of the container in quesƟon.
3. Solid Waste Collection
Contractor shall collect solid waste placed in Contractor-provided carts one Ɵme per week from singlefamily customers and transport all solid waste to the designated disposal facility for disposal.
Containers: Carts
Container Sizes: 32-, 64-, and 96-gallons (or comparable sizes approved by City). Standard Container size is 96-gallon. 64- or 32-gallon service shall be made available for no reducƟon in charge, upon request by customer.
Service Frequency: One Ɵme per week on the same day as recyclable materials and organic materials collecƟon services
Service LocaƟon: Curbside
Acceptable Materials: Solid waste
Prohibited Materials: Recyclable materials, organic materials, special waste, and excluded waste AddiƟonal Service: Contractor shall provide addiƟonal solid waste carts to single-family customers upon request and may charge the appropriate rate approved by City.
Other Requirements: None
4. On-Call Bulky Goods/Reusable Materials Collection
Contractor shall collect bulky goods, reusable materials, and other materials described herein from singlefamily customers. Contractor shall transport all collected materials to the appropriate approved facility or designated disposal facility for reuse, processing, or disposal.
EXHIBIT B1
SINGLE-FAMILY RESIDENTIAL SERVICES
Live Edits Page B1-3 Franchise Agreement, Exhibit B1
3024958.2
Containers: Not applicable
Service Level: Up to 20 bulky goods/reusable materials
Service Frequency: Three pick-ups per year per household. A customer is allowed up to three bulky item pick-up requests in a calendar year. Any request aŌer a third pick-up is subject to addiƟonal pick-up charges outlined in Exhibit D.
Service LocaƟon: Curbside
Acceptable Materials: Reusable materials, bulky goods, recyclable materials, yard trimmings, e-waste, and solid waste
Prohibited Materials: Food scraps, hazardous substances, abandoned automobiles, trees, excluded waste, electronic waste, construcƟon and demoliƟon waste including roofing, lumber, concrete, masonry, stucco, Ɵle, carpet cuts, or any single item (e.g., large auto parts, etc.) that two people cannot safely handle.
AddiƟonal Service: Contractor shall collect addiƟonal acceptable materials (as described herein) that exceed the required service level (as requested by customer) and may charge the appropriate rates approved by City for such addiƟonal service.
Other Requirements: Contractor shall provide the service to the customer within a reasonable Ɵme but not longer than seven days of the customer’s requested service date, as mutually agreed upon by the customer and Contractor. Contractor shall not dispose of materials collected through the on-call bulky goods/reusable materials collecƟon program unless the materials cannot be reused or recycled.
Contractor shall process and dispose of bulky goods and reusable materials collected from customers in accordance with the following hierarchy: (1) reuse as is (where energy efficiency is not compromised); (2) disassemble for reuse or recycling; (3) recycle or compost; and if none of the other opƟons are pracƟcable; then, (4) dispose.
5. Holiday Tree Collection
Annually, commencing the day aŌer December 25 and three weeks thereaŌer, Contractor shall collect holiday trees from single-family customers. Customers are required to place the holiday trees curbside on the customer’s regularly scheduled collecƟon day. Holiday trees must be removed from stands; cut into lengths no longer than four feet; and, be free of ornaments, garlands, Ɵnsel, flocking, or other decoraƟons.
Contractor shall not be required to collect holiday trees that do not meet such criteria. Contractor shall affix a non-collecƟon noƟce to any non-collected tree informing the customer of the reason(s) for noncollecƟon. Contractor may charge City-approved rates to return and collect a previously non-collected holiday tree that has been corrected and set out. Contractor shall deliver all collected holiday trees to the approved organic materials processing facility for processing.
Holiday tree collecƟon services shall be provided at no addiƟonal cost to City or the customer.
6. Alternative Service Location for Disabled Single-Family Customers Contractor shall allow for persons that have a disability as defined by the Americans with DisabiliƟes Act (42 U.S.C. §§ 12101-12213 and 27 U.S.C. §§ 225 and 611, and all regulaƟons relaƟng thereto) that are occupants of single-family premises to receive collecƟon services at a locaƟon other than curbside at no extra charge to the customer. Contractor shall review all applicaƟons (which shall include statements from EXHIBIT B1
SINGLE-FAMILY RESIDENTIAL SERVICES
Live Edits Page B1-4 Franchise Agreement, Exhibit B1
3024958.2
physicians) made by customers to determine conformance with this exempƟon provision and shall grant exempƟons, if applicable. Contractor shall make reasonable accommodaƟons with regard to provision of and servicing of containers (e.g., container size and type, placement of containers for collecƟon) at no addiƟonal cost to the customer. In the event of a dispute as to whether or not a customer is enƟtled to this service, City shall make the final determinaƟon. Upon customer request, Contractor may make such alternaƟve service locaƟons available to single-family customers that do not have a disability (as defined herein) for an addiƟonal, City-approved rate.
7. Sharps Collection Program
Contractor shall assist City in promoƟng the County’s Sharps CollecƟon Program, including adverƟsing the event on Contractor’s website.
8. Temporary Bin Service
Contractor shall provide exclusive temporary bin service to customers upon request for collecƟon of solid waste, recyclable materials, and organic materials. Contractor shall deliver a temporary bin to a customer by the following business day, if requested by 12:00 p.m.; otherwise, delivery shall be no later than the second business day. Rates for temporary bin service are listed separately in the approved rate schedule.
9. Curbside Grease Collection Program
If ever required by the applicable sanitaƟon district or other regulatory agency, Contractor shall design a program for the collecƟon of grease, fat, oils, and similar waste generated from household cooking acƟviƟes (the “Curbside Grease CollecƟon Program”) that the City Manager approves. Contractor shall be responsible to ensure the Curbside Grease CollecƟon Program complies with all applicable laws. At such Ɵme as a Curbside Grease CollecƟon Program is implemented and in order to ensure that Contractor is fairly compensated for any addiƟonal costs incurred in implemenƟng such a program, Contractor and City shall meet and confer in good faith to determine a fair and reasonable adjustment to the maximum rates set forth on Exhibit D in order to compensate Contractor for implemenƟng such a program.
10. Residential Non-Controlled Medication Collection Program Contractor shall assist City in increasing awareness of medicaƟon takeback programs provided by local pharmacies or programs offered by other government enƟƟes, including the Brea Police Department’s annual medicaƟon take-back day. PromoƟonal acƟviƟes shall include posƟng on Contractor’s website, inclusion in the annual brochures/mailings mailed to each residenƟal premises customer, and press releases to local news outlets.
11. Household Hazardous Contaminant Program
Contractor shall assist City in increasing awareness of the County’s drop-off locaƟons for HHW, including drop-off at Contractor’s Anaheim (CVT) and HunƟngton Beach faciliƟes. PromoƟonal acƟviƟes shall include posƟng on Contractor’s website, inclusion in the annual brochures/mailings mailed to each residenƟal premises customer, billing inserts, social media targeted outreach, and press releases to local news outlets.
12. Solid Waste Extra Collection
Upon customer request and prepayment of the rate included in the rate schedule, Contractor shall return to service and collect all three residenƟal carts (organics materials, recycling, and refuse carts). 3024958.2
EXHIBIT B2:
MULTI-FAMILY RESIDENTIAL SERVICES
3024958.2
This page intenƟonally leŌ blank
EXHIBIT B2
MULTI-FAMILY RESIDENTIAL SERVICES
Live Edits Page B2-1 Franchise Agreement, Exhibit B2
3024958.2
1. Recyclable Materials Collection
Contractor shall collect recyclable materials placed in Contractor-provided containers from mulƟ-family customers receiving solid waste bin service in accordance with the approved rate schedule and shall transport all recyclable materials to the approved recyclable materials processing facility for processing.
Recyclable materials collecƟon services shall be provided to mulƟ-family customers in accordance with the approved rate schedule.
Containers: Container sizes and service frequencies as defined in Exhibit D Service LocaƟon: To avoid potenƟal safety concerns, and in accordance with the City Code, the service locaƟon will be designated by the customer, subject to Contractor confirmaƟon of the service locaƟon for safe collecƟon operaƟons at the mulƟfamily premises.
Acceptable Materials: Recyclable materials
Prohibited Materials: Organic materials, solid waste, special waste, and excluded waste AddiƟonal Service: Special pick-ups requested by a customer, on days other than the regularly scheduled collecƟon day, shall be available at an approved addiƟonal charge.
Other Requirements: Contractor shall contact each mulƟ-family customer to determine appropriate container sizes and service frequency. Contractor shall deliver recyclable materials containers to each mulƟ-family customer at the same Ɵme that Contractor delivers solid waste containers.
Contractor shall open and close gates, push and/or pull containers, lock and unlock containers, or perform other services as reasonably necessary to access and service containers (addiƟonal charge may apply).
Contractor may refuse to collect a recyclable materials container that contains prohibited container contaminants in the manner and subject to the limits described in SecƟon 5.10 and provided that Contractor leaves a non-collecƟon noƟce in accordance with SecƟon 6.3.B. Contractor shall keep a record of all non-collecƟon noƟces and courtesy pick-up noƟces issued to customers, recording at a minimum the date, customer address, and material type of the container in quesƟon.
2. Organic Materials Collection
Contractor shall collect organic materials in Contractor-provided containers not less than one Ɵme per week (unless a customer has a City-approved organic materials waiver) from mulƟ-family customers and transport all organic materials to the approved organic materials processing facility for processing. Organic materials collecƟon services shall be provided to mulƟ-family customers receiving solid waste bin service in accordance with the approved rate schedule.
Containers: Container sizes and service frequencies as defined in Exhibit D Service LocaƟon: To avoid potenƟal safety concerns, and in accordance with the City Code, the service locaƟon will be designated by the customer subject to Contractor confirmaƟon of the service locaƟon for safe collecƟon operaƟons at the mulƟfamily premises EXHIBIT B2
MULTI-FAMILY RESIDENTIAL SERVICES
Live Edits Page B2-2 Franchise Agreement, Exhibit B2
3024958.2
Acceptable Materials: Organic materials (including yard trimmings and food waste) Prohibited Materials: Recyclable materials, solid waste, special waste, and excluded waste AddiƟonal Service: Special pick-ups requested by a customer, on days other than their regularly scheduled collecƟon day, will be available at an approved addiƟonal charge.
Other Requirements: Contractor shall make available for purchase kitchen pails designed to contain food scraps prior to placement in the customer’s organic materials container to all mulƟ-family dwelling units at rates in the approved rate schedule. City shall approve kitchen pail specificaƟons prior to ordering and distribuƟon.
Upon City or customer request, Contractor shall contact each mulƟ-family customer to determine appropriate container sizes and service frequency.
Contractor shall deliver organic materials containers to each mulƟ-family customer at the same Ɵme that Contractor delivers solid waste containers.
Contractor shall open and close gates, push and/or pull containers, lock and unlock containers, or perform other services as reasonably necessary to access and empty containers (addiƟonal charge may apply).
Contractor may refuse to collect an organic materials container that contains prohibited container contaminants in the manner and subject to the limits described in SecƟon 5.10 and provided that Contractor leaves a non-collecƟon noƟce in accordance with SecƟon 6.3.B. Contractor shall keep a record of all non-collecƟon noƟces and courtesy pick-up noƟces issued to customers, recording at a minimum the date, customer address, and material type of the container in quesƟon.
3. Solid Waste Collection
Contractor shall collect solid waste placed in Contractor-provided containers not less than one Ɵme per week from mulƟ-family customers and transport all solid waste to the designated disposal facility for disposal.
Containers: Container sizes and service frequencies as defined in Exhibit D.
Service LocaƟon: To avoid potenƟal safety concerns, and in accordance with the City Code, the service locaƟon will be designated by the customer subject to Contractor confirmaƟon of the service locaƟon for safe collecƟon operaƟons at the mulƟfamily premises.
Acceptable Materials: Solid waste
Prohibited Materials: Recyclable materials, organic materials, special waste, and excluded waste AddiƟonal Service: Special pick-ups requested by a customer, on days other than their regularly scheduled collecƟon day, will be available at an approved addiƟonal charge.
Other Requirements: Contractor shall contact each mulƟ-family customer to determine appropriate container sizes and service frequency.
Contractor shall open and close gates, push and/or pull containers, lock and unlock containers, or perform other services as reasonably necessary to access and service containers (addiƟonal charge may apply).
EXHIBIT B2
MULTI-FAMILY RESIDENTIAL SERVICES
Live Edits Page B2-3 Franchise Agreement, Exhibit B2
3024958.2
4. Bulky Good/Reusable Materials Collection
Contractor shall collect bulky goods, reusable materials, and other materials described herein from mulƟfamily customers. Contractor shall transport all collected materials to the appropriate approved facility for reuse, processing, or disposal.
Containers: Not applicable
Service Level: MulƟ-family premises with cart service receive the same service level as singlefamily, see Exhibit B1.4. MulƟ-family premises with bin service may request bulky good pick-ups at the rates idenƟfied in Exhibit D, see Exhibit B3.5.
Service Frequency: MulƟ-family premises with cart services – same as single-family. MulƟ-family with bin service – by request at rates idenƟfied in Exhibit D. Twenty item limit per collecƟon based on rates idenƟfied in Exhibit D.
Service LocaƟon: Curbside for mulƟ-family premises with cart services. For mulƟ-family premises with bin service, aŌer a confirmed acknowledgment by Contractor of the bulky item pick-up request by the customer, the item(s) to be removed shall be set out near the acƟvely serviced locaƟon of the customers container(s) or enclosure.
The item(s) placed near the container(s) or enclosure shall be set out in a manner that is unobstructed from objects unrelated to the bulky item requested to be removed and shall be placed in a manner that can safely be extracted from the set-out locaƟon by hand. Any bulky items set out that are obstructed or cannot be safely extracted may not be removed from the setout locaƟon.
Acceptable Materials: Reusable materials, bulky goods, recyclable materials, yard trimmings, electronic waste, and solid waste
Prohibited Materials: Food scraps, hazardous substances, abandoned automobiles, trees, excluded waste, electronic waste, construcƟon and demoliƟon waste including roofing, lumber, concrete, masonry, stucco, Ɵle, carpet cuts, or any single item (e.g., large auto parts, etc.) that two people cannot safely handle.
AddiƟonal Service: N/A
Other Requirements: Contractor shall provide the service to the customer within seven working days of the customer’s requested service date, as mutually agreed upon by the customer and Contractor. Customer may request pick-up of a maximum of 20 bulky goods at each pick-up. Contractor shall not dispose of materials collected through the on-call bulky goods/reusable materials collecƟon program unless the materials cannot be reused or recycled. Contractor shall process and dispose of bulky goods and reusable materials collected from customers in accordance with the following hierarchy: (1) reuse as is (where energy efficiency is not compromised); (2) disassemble for reuse or recycling; (3) recycle or compost; and, if none of the other opƟons are pracƟcable, (4) dispose.
5. Holiday Tree Collection
Annually, commencing the day aŌer December 25 and three weeks thereaŌer, or as otherwise approved by the City Manager, Contractor shall provide collecƟon services as needed to collect holiday trees from mulƟ-family customers at a mutually agreed upon Ɵme, date, and designated collecƟon locaƟon, as EXHIBIT B2
MULTI-FAMILY RESIDENTIAL SERVICES
Live Edits Page B2-4 Franchise Agreement, Exhibit B2
3024958.2
arranged by the Contractor and each mulƟ-family property owner or manager. Contractor shall offer each mulƟ-family property owner or manager the opƟon to receive holiday tree collecƟon service in bins or roll-off boxes, which Contractor shall provide for such service.
Holiday trees must be removed from stands; cut into lengths no longer than four feet; and, be free of ornaments, garlands, Ɵnsel, flocking, or other decoraƟons. Contractor shall not be required to collect holiday trees that do not meet the aforemenƟoned criteria and/or are not placed at the agreed upon collecƟon locaƟon, container, and Ɵme period. Contractor shall affix a non-collecƟon noƟce to any noncollected holiday tree informing the customer of the reason(s) for non-collecƟon. 3024958.2
EXHIBIT B3:
COMMERCIAL SERVICES
3024958.2
This page intenƟonally leŌ blank
EXHIBIT B3
COMMERCIAL SERVICES
Live Edits Page B3-1 Franchise Agreement, Exhibit B3
3024958.2
1. Recyclable Materials Collection
Contractor shall collect recyclable materials placed in Contractor-provided containers from commercial customers subscribing to recyclable materials collecƟon service and transport all recyclable materials to the approved recyclable materials processing facility for processing. Recyclable materials collecƟon services shall be provided to commercial customers in accordance with the approved rate schedule.
Containers: Carts, bins, roll-off boxes, and compactors sizes and service frequencies as defined in Exhibit D
Service LocaƟon: To avoid potenƟal safety concerns, and in accordance with the City Code, the service locaƟon will be designated by the customer subject to Contractor confirmaƟon of the service locaƟon for safe collecƟon operaƟons at the commercial premises
Acceptable Materials: Recyclable Materials
Prohibited Materials: Organic materials, solid waste, special waste, and excluded waste AddiƟonal Service: Special pick-ups requested by a customer, on days other than the regularly scheduled collecƟon day, shall be available at an approved addiƟonal charge.
Other Requirements: Upon City or customer request, Contractor shall contact each commercial customer to determine appropriate container sizes and service frequency.
Contractor shall deliver recyclable materials containers to each commercial customer at the same Ɵme that Contractor delivers solid waste containers, unless that commercial customer is exempted from recyclable materials services by City or has demonstrated to City that it is diverƟng recyclable materials through subscripƟon with another City-approved hauler, or other City-approved method.
Contractor shall open and close gates, push and/or pull containers, lock and unlock containers, or perform other services as reasonably necessary to access and empty containers (addiƟonal charge may apply as determined in Exhibit D).
Contractor may refuse to collect a recyclable materials container that contains prohibited container contaminants in the manner and subject to the limits described in SecƟon 5.10 and provided that Contractor leaves a non-collecƟon noƟce in accordance with SecƟon 6.3.B. Contractor shall keep a record of all non-collecƟon noƟces and courtesy pick-up noƟces issued to customers, recording at a minimum the date, customer address, and material type of the container in quesƟon.
2. Organic Materials Collection
Contractor shall collect organic materials placed in Contractor-provided containers not less than one Ɵme per week from commercial customers and transport all organic materials to the approved organic materials processing facility for processing. Organic materials collecƟon services shall be provided to commercial customers in accordance with the approved rate schedule.
Containers: Carts, bins, roll-off boxes, and compactors sizes and service frequencies as defined in Exhibit D
EXHIBIT B3
COMMERCIAL SERVICES
Live Edits Page B3-2 Franchise Agreement, Exhibit B3
3024958.2
Service LocaƟon: To avoid potenƟal safety concerns, and in accordance with the City Code, the service locaƟon will be designated by the customer subject to Contractor confirmaƟon of the service locaƟon for safe collecƟon operaƟons at the commercial premises.
Acceptable Materials: Organic materials (including yard trimmings and food scraps) Prohibited Materials: Recyclable materials, solid waste, special waste, and excluded waste AddiƟonal Service: Special pick-ups requested by a customer, on days other than the regularly scheduled collecƟon day, shall be available at an approved addiƟonal charge.
Other Requirements: Contractor shall contact each commercial customer to determine appropriate container sizes and service frequency. Contractor shall deliver organic materials containers to each commercial customer at the same Ɵme that Contractor delivers solid waste containers, unless that commercial customer is exempted from organic materials services by City or has demonstrated to City that it is diverƟng organic materials through subscripƟon with another City-approved hauler, or other City-approved method.
Contractor shall open and close gates, push and/or pull containers, lock and unlock containers, or perform other services as reasonably necessary to access and empty containers (addiƟonal charge may apply as determined in Exhibit D).
Contractor may refuse to collect an organic materials container that contains prohibited container contaminants in the manner and subject to the limits described in SecƟon 5.10 and provided that Contractor leaves a non-collecƟon noƟce in accordance with SecƟon 6.3.B. Contractor shall keep a record of all non-collecƟon noƟces and courtesy pick-up noƟces issued to customers, recording at a minimum the date, customer address, and material type of the container in quesƟon.
3. Solid Waste Collection
Contractor shall collect solid waste placed in Contractor-provided containers not less than one Ɵme per week from commercial customers and transport all solid waste to the designated disposal facility for disposal. Solid waste collecƟon services shall be provided to commercial customers in accordance with the approved rate schedule.
Containers: Carts, bins, roll-off boxes, and compactors sizes and service frequencies as defined in Exhibit D
Service LocaƟon: To avoid potenƟal safety concerns, and in accordance with the City Code, the service locaƟon will be designated by the customer subject to Contractor confirmaƟon of the service locaƟon for safe collecƟon operaƟons at the commercial premises.
Acceptable Materials: Solid waste
Prohibited Materials: Recyclable materials, organic materials, special waste, and excluded waste AddiƟonal Service: Special pick-ups requested by a Customer, on days other than the regularly scheduled collecƟon day, shall be available at an approved addiƟonal charge.
EXHIBIT B3
COMMERCIAL SERVICES
Live Edits Page B3-3 Franchise Agreement, Exhibit B3
3024958.2
Other Requirements: Contractor shall contact each commercial customer to determine appropriate container sizes and service frequency.
Contractor shall open and close gates, push and/or pull containers, lock and unlock containers, or perform other services as reasonably necessary to access and empty containers (addiƟonal charge may apply).
4. Temporary Bin Service
Contractor shall provide exclusive temporary bin service to customers upon request for collecƟon of solid waste, recyclable materials, and organic materials. Contractor shall deliver a temporary bin to a customer by the following business day, if requested by 12:00 pm; otherwise, delivery shall be no later than the second business day. Rates for temporary bin service are listed separately in the approved rate schedule.
5. Bulky Good/Reusable Materials Collection
Contractor shall collect bulky goods, reusable materials, and other materials described herein from commercial customers at the rates included in Exhibit D. Contractor shall transport all collected materials to the appropriate approved facility for reuse, processing, or disposal.
Containers: Not applicable
Service Level: Commercial premises may request bulky good pick-ups at the rates idenƟfied in Exhibit D. Twenty item limit, per collecƟon, based on rates idenƟfied in Exhibit D.
Service Frequency: There is no limit on the amount of requests with collecƟon provided at rates idenƟfied in Exhibit D.
Service LocaƟon: Default is curbside for commercial premises, or if curbside is not applicable or causes safety concerns locaƟon will be at mutually agreed upon locaƟon by customer and Contractor.
Acceptable Materials: Reusable materials, bulky goods, recyclable materials, yard trimmings, electronic waste, and solid waste
Prohibited Materials: Food scraps, hazardous waste, abandoned automobiles, trees, excluded waste, special waste, or any single item (e.g., large auto parts) that exceeds 200 pounds in weight
AddiƟonal Service: N/A
Other Requirements: Contractor shall provide the service to the customer within seven working days of the customer’s requested service date, as mutually agreed upon by the customer and Contractor. Customer may request pick-up of a maximum of 20 bulky goods at each pick-up charged at rates in Exhibit D. Contractor shall not dispose of materials collected through the on-call bulky goods/reusable materials collecƟon program unless the materials cannot be reused or recycled.
Contractor shall process and dispose of bulky goods and reusable materials collected from customers in accordance with the following hierarchy: (1) reuse as is (where energy efficiency is not compromised); (2) disassemble for reuse or recycling; (3) recycle or compost; and, if none of the other opƟons are pracƟcable, (4) dispose.
3024958.2
This page intenƟonally leŌ blank
3024958.2
EXHIBIT B4:
CITY AND COMMUNITY SERVICES AND DATA
3024958.2
This page intenƟonally leŌ blank
EXHIBIT B4
CITY AND COMMUNITY SERVICES AND DATA
Live Edits Page B4-1 Franchise Agreement, Exhibit B4
3024958.2
1. Services to City Facilities
Contractor shall collect recyclable materials, organic materials, bulky goods, and solid waste from City faciliƟes, including collecƟon of street sweeping solid waste, in the same manner as those services are provided to commercial customers and shall provide designated personnel in accordance with SecƟon
6.7.D. Contractor shall provide service to all exisƟng City faciliƟes idenƟfied in Exhibit B4 as well as any future City faciliƟes established aŌer the EffecƟve Date. Contractor shall provide these services at no addiƟonal cost to City. City facility service as described by this SecƟon shall include unlimited roll-off box collecƟon service, including construcƟon and demoliƟon roll-off boxes to support City construcƟon and demoliƟon projects, and periodic bulky goods collecƟon. Contractor shall deliver roll-off boxes within 24 hours of City request. Contractor shall collect, empty, and return roll-off boxes within 24 hours of City request. Contactor shall remove and not return roll-off boxes within 24 hour of City request.
2. Emergency Services
Contractor shall provide and maintain a current emergency list of responsible personnel to be contacted in the event of an emergency. Contractor shall provide emergency services (i.e., special collecƟons, transport, processing, and disposal) at the request of the City Manager in the event of major accidents, disrupƟons, or natural calamiƟes. Contractor shall be capable of providing emergency services within 24 hours of noƟficaƟon by the City Manager or as soon thereaŌer as is reasonably pracƟcal in light of the circumstances. For any services that exceed the scope of services under this Agreement, Contractor shall be enƟtled to compensaƟon at the emergency service rates approved under this Agreement. City shall have discreƟon in the method of such compensaƟon between direct payments by City and allowing such costs to be considered in the adjustment of rates for the following rate period.
3. Shredding Event(s)
Contractor shall provide an on-site mobile shredding service for use by City residents (a “Shredding Event”) one Ɵme per calendar year at no addiƟonal charge. The Shredding Event shall be provided at a date, Ɵme, and locaƟon designated and approved by the City Manager and shall be for a minimum of three hours in duraƟon. In the event inclement weather prevents a Shredding Event from occurring, Contractor shall reschedule the Shredding Event to a date, Ɵme, and locaƟon designated and approved by the City Manager. The Shredding Event shall be conducted at Contractor’s sole cost and expense, uƟlizing equipment, personnel, and methods appropriate for such event, as approved by the City Manager. Prior to each Shredding Event, Contractor shall coordinate with City staff and/or public safety personnel to make arrangements for safe, convenient, and effecƟve access to and parƟcipaƟon by City residents in the Shredding Event and shall procure all necessary insurance coverage. Contractor shall provide staff to assist with verifying residency, distribuƟng educaƟonal materials, assisƟng with traffic control, and providing other opportuniƟes of outreach/educaƟon to the community as determined by City staff. Each Shredding Event shall be designed to accommodate up to a maximum of five “Bankers” boxes of paper or other media suitable for shredding from each residenƟal and mulƟ-family premises customer that is parƟcipaƟng in the Shredding Event. ParƟcipants are allowed to observe the shredding of their materials during the Shredding Event. Contractor shall publicize each Shredding Event through methods, and using materials, approved by the City Manager, at no cost to City.
EXHIBIT B4
CITY AND COMMUNITY SERVICES AND DATA
Live Edits Page B4-2 Franchise Agreement, Exhibit B4
3024958.2
4. Procurement of Organic Waste Products
A. Annual Requirements. Contractor shall assist City to procure sufficient California derived compost, mulch, and/or renewable natural gas to meet City’s requirement for recovered organic waste products of 0.08 tons per capita per year as specified in SB 1383.
Contractor shall annually perform the following activities:
1. Compost/Mulch Give-Away Events. Contractor shall distribute an annual total of at least 20 tons (or a higher amount, if requested by the City) of compost and/or mulch to Brea residents at no additional cost to City or customers at one public compost/mulch give-away event per contract year (such that Contractor shall provide at least 500 bags per event). The location, date, and time of such events shall be mutually agreed upon by Contractor and the City Manager and may be held in conjunction with other City-approved events. Contractor shall deliver the loose or bagged compost/mulch to the agreed-upon event location at no cost to City. Contractor shall provide at least one attendant for at least six hours per event. Any compost and or mulch given away to the community through this program shall count towards Contractor’s obligations to provide City with the amount of organic waste products required under SB 1383.
2. Use of RNG. Contractor shall use reasonable business efforts to use California-derived renewable natural gas in collection vehicles and provide City the necessary SB 1383 implementation record documentation if RNG is utilized.
B. Other Requirements. City will notify Contractor by January 1 of each calendar year if any further assistance will be requested by the Contractor to support the City in achieving the City’s SB 1383 organic waste procurement requirements in addition to the annual requirements in Section 4.A of this Exhibit B4 above. Possible support includes, but is not limited to the following:
1. Bulk Compost and/or Mulch. If requested by City, Contractor shall provide bulk compost, mulch, or both to assist City to achieve City’s recovered organic waste product purchasing requirements. City will notify Contractor of City’s needs for delivery of compost, mulch, or both, each calendar year by January 1 or with a minimum of two weeks’ notice for sudden requests to allow Contractor time to make the necessary arrangements. City requests shall include the desired tonnage of each material type and location for delivery. Contractor shall deliver compost, mulch, or both, at an agreed upon date and time by the City Manager to any mutually agreed upon location within City limits. City will review the quality specifications provided by Contractor of the selected material type for any given application.
Contractor shall be entitled to compensation for actual costs of providing compost and mulch. Contractor shall provide City with copies of supporting documentation, such as invoices from compost/mulch producers, for the purchase of compost/mulch, and transportation invoices from providers that deliver the compost/mulch. City shall remit compensation directly to Contractor through payment of monthly invoices submitted by Contractor.
2. Other SB 1383 Compliant Methods. If requested by the City, Contractor, as part of the City’s annual procurement support request, may utilize other methods approved by CalRecycle or applicable law to assist the City to achieve the procurement requirements including provision of organic material to third parties through direct service provider agreements, purchase of EXHIBIT B4
CITY AND COMMUNITY SERVICES AND DATA
Live Edits Page B4-3 Franchise Agreement, Exhibit B4
3024958.2
procurement compliance attributes, or other methods of compliance that are approved by CalRecycle. Contractor shall provide City with copies of supporting documentation, such as invoices from third parties, for these arrangements, and any other information required for inclusion in the City’s SB 1383 implementation record. City shall remit compensation directly to Contractor through payment of monthly invoices submitted by Contractor.
C. SB 1383 Procurement. All RNG, compost, mulch, or both, provided through this Agreement shall comply with the municipal procurement requirements of SB 1383, including being generated from California organic waste products, as defined by SB 1383 for each applicable material type.
D. Contractor Warranty of Recovered Organic Waste Products. Contractor shall provide assurance through the execution of a liability waiver stating that all recovered organic waste products provided by Contractor and used within Brea are free from pathogens and inorganic waste material that may be harmful to the health and welfare of City and its constituents and also meet standards of CalRecycle and the United States Composting Council guidelines requiring testing demonstrating that fecal coliform levels of less than 1,000 MPN per gram of dry compost or Salmonella less than three MPN per four grams of dry compost. Contractor shall indemnify and hold harmless the City against any claims arising from contaminated recovered organic waste products provided by Contractor, as set forth in Article 10.
5. News Media Relations
Contractor shall noƟfy City by e-mail of requests for news media interviews specifically related to the City’s collecƟon services program within 24 hours of Contractor’s receipt of the request. Whenever reasonably possible given Ɵme constraints and condiƟons, before responding to any media inquiries involving controversial City issues or any issues regarding City's services, Contractor shall contact City to discuss its proposed response with the City.
If reasonable and feasible under the circumstances, copies of draŌ news releases or proposed newspaper arƟcles related to the provision of collecƟon services under this Agreement shall be submiƩed to City for prior review and approval, except where Contractor is required by any law to submit materials to any regulatory agency in a shorter period of Ɵme, in which case Contractor shall submit such materials to City simultaneously with Contractor’s submiƩal to such regulatory agency.
Copies of arƟcles resulƟng from media interviews or news releases shall be provided to City within five business days aŌer publicaƟon.
6. Waste Generation, Characterization, and Pilot Studies.
Contractor acknowledges that City, CalRecycle, or other governmental agencies may wish to perform generaƟon and characterizaƟon studies periodically with respect to materials covered under this Agreement. Contractor shall parƟcipate and cooperate with City and its agents and shall perform studies and data collecƟon exercises on mutually agreeable terms and Ɵme frames, as needed, to determine weights, volumes, and composiƟon of materials generated, disposed, diverted, or otherwise processed.
Contractor acknowledges that the County, in coordinaƟon with City, is required by SB 1383 to conduct organic waste and edible food capacity planning studies. Contractor shall provide informaƟon to City, as needed, for City’s parƟcipaƟon in such capacity planning studies. This informaƟon and/or parƟcipaƟon EXHIBIT B4
CITY AND COMMUNITY SERVICES AND DATA
Live Edits Page B4-4 Franchise Agreement, Exhibit B4
3024958.2
may include: conducƟng or supporƟng waste characterizaƟon studies; providing informaƟon regarding exisƟng and potenƟal new or expanded capacity in Contractor’s operaƟons for the collecƟon, transport, or processing of recyclable and organic materials; and, any other informaƟon deemed necessary by City or the County for purposes of the study. Contractor shall respond to any request for informaƟon from City within 30 days, unless another Ɵmeframe is otherwise specified or authorized by City.
Contractor acknowledges that City may wish to conduct and/or parƟcipate in pilot studies related to the customers and materials that are the subject of this Agreement. If City requires Contractor to parƟcipate in any such pilot study, Contractor and City shall mutually agree on the scope of services to be provided by Contractor and the amount of compensaƟon, if any, that City will pay to Contractor for such parƟcipaƟon. In any event, Contractor shall permit and in no way interfere with the collecƟon and handling of the subject materials by other persons for such purposes.
7. Illegally Dumped Bulky Goods.
Contractor shall, at no addiƟonal charge, provide on-demand collecƟon of illegally dumped bulky goods within two working days of City’s request. The residenƟal bulky goods collecƟon vehicle may be used to collect illegally dumped bulky goods and the tonnage collected may be co-mingled with residenƟal tonnage and charged to City at City’s approved residenƟal tonnage rate.
8. Large Venue and Event Assistance, Event Recycling
Contractor shall assist City planners of large venue events with reporƟng and planning needs to provide recycling and organics materials diversion, as may be useful in meeƟng the requirements of AB 2176 and SB 1383, and in lowering disposal quanƟƟes generated at such events at no addiƟonal charge.
9. Neighborhood and Other Community Cleanups
Contractor shall supply the equivalent container capacity of up to seven 40-yard roll-off boxes and containers in addiƟonal sizes once per contract year for the collecƟon of solid waste, recyclable materials, and organic waste for City-sponsored neighborhood cleanups, such as Love Brea cleanups or special cleanup details, at no addiƟonal charge to City or customers. Dates and locaƟons of events shall be determined and approved by City. City staff shall inform Contractor of the date and locaƟon for each event.
AddiƟonally, Contractor shall supply two three-yard bins and cardboard event boxes for events throughout the year.
All material collected must be transferred, processed, and/or disposed of in accordance with SB 1383.
10. City Sponsored Events
Contractor shall provide solid waste, source separated recyclable materials, and source separated organic waste collecƟon and disposal/processing service for City-sponsored events including the City-sponsored events included in this Exhibit B4 at no addiƟonal charge to City or customers. This shall include providing discarded material containers (carts, bins, roll-off boxes, and cardboard waste boxes with liners) to collect and dispose of, or process, all solid waste. Contractor shall provide containers for the collecƟon of source separated recyclable materials, and source separated organic materials.
EXHIBIT B4
CITY AND COMMUNITY SERVICES AND DATA
Live Edits Page B4-5 Franchise Agreement, Exhibit B4
3024958.2
11. Bus Stop Public Litter Container Collection
City collects discarded material from all public liƩer containers located at bus stops throughout Brea and delivers it to the City Yard. Contractor shall dispose of all discarded materials in the City Yard containers.
Public liƩer containers are provided by City.
12. Edible Food Recovery Programs
A. Food Recovery Assistance.
1. Contractor shall assist City in identification of all commercial customers that meet the definition of tier one and tier two commercial edible food generators and provide a list of such customers to City, which shall include: customer name; service address; contact information; tier one or tier two classification; and, type of business (as it relates to the tier one and tier two commercial edible food generator definitions).
2. At least annually, Contractor shall provide commercial edible food generators with the following information:
a. Information about Contractor's and City’s edible food recovery program. b. Information about the commercial edible food generator requirements under 14 CCR Chapter 12 Article 10.
c. Information about food recovery organizations and food recovery services operating within Brea, and where a list of those food recovery organizations and food recovery services can be found.
d. Information about actions that commercial edible food generators can take to prevent the creation of food waste.
3. Contractor may provide the education information required by this Section by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to commercial businesses.
4. Contractor shall cooperate with the implementation, expansion, or operation of food recovery efforts in Brea, food recovery organizations, and/or food recovery services.
5. Contractor shall provide collection and processing of organic materials at no additional cost to food recovery organizations.
EXHIBIT B4
CITY AND COMMUNITY SERVICES AND DATA
Live Edits Page B4-6 Franchise Agreement, Exhibit B4 3024958.2 Current City Facilities
Row City Facility Address
1 Brea Civic &Cultural Center 1 Civic Center Circle 2 Brea Community Center 695 E. Madison Way 3 Brea Museum and Heritage Center 495 S. Brea Blvd 4 Brea Plunge/City Hall Park 440 S. Walnut/401 S Brea Blvd 5 Brea Lions Scout Center 401 S. Brea Blvd 6 Fire StaƟon #1 555 North Berry St 7 Fire StaƟon #2 200 North Brea Blvd 8 Fire StaƟon #3 2600 Santa Fe Rd 9 Fire StaƟon #4 198 Olinda Pl 10 City Service Center 545 N Berry St 11 Olinda Oil Museum and Trail 4025 E Santa Fe Rd 12 Parking Structure #1 101 S Brea Blvd 13 Parking Structure #2 175 N Madrona Ave 14 Parking Structure #3 235 S Orange 15 Pioneer Hall 304 W Elm 16 Senior Center 500 Sievers Ave 17 Founders Park 777 Skyler Way 18 Arovista Park 500 W Imperial Hwy and 500 Sievers Ave 19 Greenbriar Park Greenbriar Ln and S Associated Rd 20 Brea Sports Park 3333 E Birch St 21 Lagos de Moreno Park 322 E Birch St 22 Olinda Ranch Park 4001 Carbon Canyon Rd 23 WildcaƩers Park 3301 E Santa Fe Rd 24 WildcaƩers Dog Park 3450 E Santa Fe Rd 25 Tamarack Park 520 Tamarack Ave 26 Junior High Park 400 N Brea Blvd 27 City Hall Park 401 S Brea Blvd 28 Country Hills Park 180 N Associated 29 Birch Hills Golf Course 2250 E Birch St 30 Brea Creek Golf Course 501 W Fir St EXHIBIT B4
CITY AND COMMUNITY SERVICES AND DATA
Live Edits Page B4-7 Franchise Agreement, Exhibit B4 3024958.2 City Events List
Event Name AƩendance (People) Frequency
Nutcracker Approximately 5,000 Annually, two consecuƟve days Spring CraŌ BouƟque Approximately 3,000 Annually, two consecuƟve days Public Works Open House Approximately 1,000 Annually
Country Fair (4th of July) Approximately 5,000 Annually Brea Fest Approximately 5,000-7,000 Annually
Pet Expo Approximately 2,000 Annually
Family Films Approximately 1,000 between six films Six / Year Veterans Day Approximately 700 Annually
Tree LighƟng Approximately 1,000 Annually
Love Brea/Go. Serve. Brea Approximately 500 Annually
NaƟonal Night Out Approximately 2,000 Annually
3024958.2
This page intenƟonally leŌ blank
3024958.2
EXHIBIT C:
PUBLIC EDUCATION AND OUTREACH REQUIREMENTS
3024958.2
This page intenƟonally leŌ blank
EXHIBIT C
PUBLIC EDUCATION AND OUTREACH REQUIREMENTS
Live Edits Page C-1 Franchise Agreement, Exhibit C
3024958.2
1. General Administration
City has placed the utmost importance on effecƟve public outreach and educaƟon in helping residents and businesses fully understand opƟons for, and benefits of, source reducƟon, reuse, recycling, and composƟng. General provisions for public educaƟon and outreach are as follows:
A. Within 30 days of the Effective Date and by December 15 of each following year during the term of this Agreement, Contractor shall develop and submit an annual public education plan to promote the programs designed by City and performed by Contractor under this Agreement. Each public education plan shall specify the target audience for services provided, include upcoming promotions for ongoing and known special events, and identify program objectives, individual tasks, public education materials to be distributed, opportunities for expanded partnerships, and a timeline for implementation. The City Manager shall be permitted to provide input on each annual public education plan, and the plan shall not be finalized or implemented without approval of the City Manager. Contractor shall meet with the City Manager to present and discuss the plan, review the prior year’s activities (including sponsorships and services provided to City-sponsored events) and determine whether community activities and the provision of services to City reflect the needs of City staff and the City Council. The City Manager shall be allowed up to 60 calendar days after receipt to review and request modifications. The City Manager may request, and Contractor shall not unreasonably deny, modifications to be completed prior to approving the plan. Contractor shall have up to 15 business days to revise the plan in response to any requested changes by the City Manager. Any further delays may result in liquidated damages for failure to perform education and outreach activities as identified in this Exhibit C. Each business day that the plan is late shall count as a single occurrence.
B. Upon request from the City Manager, the City Manager and the Contract Administrator shall meet at least one time per month to discuss services, outreach, and educational campaigns and request changes or adaptations to the annual public education plan.
C. Contractor shall distribute instructional information, public education, and promotional materials in advance of, and following, commencement of new or modified services. This shall entail, at a minimum, distributing program literature to all customers at the Effective Date as well as to any new customers. Contractor shall use multiple media sources including print, radio television, electronic/social media, and events to notify customers of the change in their service provider, if applicable, and to highlight new program offerings. Transition and ongoing sector-specific collateral materials shall be distributed. Contractor shall submit all draft materials to the City Manager for review and approval. Contractor will supply all collateral or outreach to City upon request and for events where Contractor participation is requested for no additional charge.
D. All City facilities shall receive any and all public education and outreach materials and services provided to the commercial sector. Contractor shall provide all printed public education materials to City offices and facilities to have available for the public that visits those facilities and shall replenish the materials as requested by the City Manager.
E. City or Contractor may design bill inserts. Bill inserts designed by Contractor shall be provided to the City Manager a minimum of 60 days prior to publication. The City Manager shall review bill inserts designed by Contractor, and Contractor shall be responsible for printing and distributing the billing inserts to all customers. Contractor shall provide electronic bill inserts (or separate email
EXHIBIT C
PUBLIC EDUCATION AND OUTREACH REQUIREMENTS
Live Edits Page C-2 Franchise Agreement, Exhibit C
3024958.2
attachments) to customers who are billed electronically and paper bill inserts to customers who receive paper bills. For customers receiving electronic bills, Contractor shall distribute brochures, newsletters, or other information as attachments to customer invoices. Electronic bill inserts/attachments must be readily available for the customer to view upon receipt of the invoice (attachments shall not be provided as links). Upon City request for billing inserts, Contractor shall comply with such request during its next billing cycle for the targeted customer group, if specified.
Contractor shall perform this service with no additional requirement for compensation.
F. Contractor has developed and shall maintain a website specific to its operations in Brea, with a section specific to City programs and customers, that will be used to post educational materials for download, highlight program successes, and provide diversion statistics, which can be located at https://www.republicservices.com/municipality/brea-ca. Contractor’s Brea specific website shall also include links to relevant web pages of City’s website where further information can be found.
Content for the website shall be approved by the City Manager. Contractor shall review the website at a minimum annually to update information contained on website.
2. Sector-Specific Activities
The following tables present the public educaƟon and outreach acƟviƟes to be performed by Contractor each rate period as minimum requirements under this Agreement. Each customer faces unique discarded materials management opportuniƟes and challenges; therefore, Contractor shall develop targeted, sectorspecific educaƟonal materials and perform outreach acƟviƟes as described for each customer type.
EXHIBIT C
PUBLIC EDUCATION & OUTREACH PLAN
Live Edits Page C-3 Franchise Agreement, Exhibit C 3024958.2Public EducaƟon and Outreach | All Sectors All printed materials also shall be posted to Contractor’s website. All educaƟon and outreach materials shall be Brea-specific and available in English, Spanish, Korean, and TradiƟonal Chinese languages.
The following general public educaƟon and outreach materials shall each be produced for the benefit of all customer types.
AcƟvity DescripƟon DistribuƟon/Frequency Newspaper AdverƟsement Distribute a newspaper adverƟsement that explains all programs that will be offered under the new Agreement. Contractor shall also provide arƟcles on recycling for local newsleƩers.
Within 30 days of the EffecƟve
Date Annually thereaŌer
Direct Community Outreach Contractor shall conduct school assemblies and promote recycling through presentaƟons and educaƟonal materials to the Chamber of Commerce, homeowner associaƟons, construcƟon contractors, and other civic groups.
Annually
Website Contractor to prepare a secƟon of its website where it will present customers with educaƟonal and diversion programs, upcoming outreach events, services, and resources specific to City. Website shall include Contractor’s customer service contact, material on source reducƟon of household solid waste, and relevant legislaƟve requirements.
Updated as mutually agreed
CorrecƟve AcƟon NoƟces –
“ContaminaƟon Tag”
Produce and distribute a noƟce for use in instances where the customer includes prohibited materials in a container or fails to properly prepare containers. This form shall also be printed and made available in Spanish, Korean, and TradiƟonal Chinese languages.
As needed
EXHIBIT C
PUBLIC EDUCATION & OUTREACH PLAN
Live Edits Page C-4 Franchise Agreement, Exhibit C 3024958.2Public EducaƟon and Outreach | Single-Family EducaƟon and Outreach AcƟviƟes All printed materials also shall be posted to Contractor’s website.
AcƟvity DescripƟon DistribuƟon/Frequency IniƟal Mailing Produce and distribute a City-designed iniƟal mailing to single-family customers, which may include content such as: explaining the program changes in this Agreement; changes from the exisƟng collecƟon programs to new programs; regulatory requirements, including SB 1383; and, the commencement of the change. Contractor shall include its holiday schedule and the residenƟal recycling and expanded services guide.
Within 60 days of the EffecƟve Date via direct mail
Annual NoƟce Contractor shall prepare and distribute to each customer a brochure providing relevant informaƟon about Contractor's services, including: informaƟon regarding access to and use of available services; collecƟon schedules; holiday collecƟon schedules; customer service numbers; procedures to begin and terminate services; and, informaƟon promoƟng and explaining available programs, such as recycling, organic materials, holiday tree and bulky good collecƟons, the availability of household hazardous waste, u-waste and e-waste collecƟon, and the proper handling and disposal of such wastes. This brochure shall also be printed and made available in Spanish, Korean and TradiƟonal Chinese languages.
Annually
Recycling Guide Produce and distribute a “recycling guide” specific to single-family customers.
This guide shall include informaƟon on collecƟon methodologies, set out instrucƟons, set out schedule, contact informaƟon, and acceptability and necessary preparaƟon of materials for all single-family programs described in Exhibit B1. A secƟon of the guide will specifically address proper methods of handling and disposal of hazardous wastes.
Affixed (inside plasƟc bag, zipƟed to handle) to every single-family recyclable materials cart delivered prior to the EffecƟve Date, and thereaŌer to all new
customers By direct mail annually thereaŌer to each singlefamily customer
EXHIBIT C
PUBLIC EDUCATION & OUTREACH PLAN
Live Edits Page C-5 Franchise Agreement, Exhibit C 3024958.2 AcƟvity DescripƟon DistribuƟon/Frequency Neighborhood Group & HOA Visits Upon City or customer request, visit homeowner associaƟons and other neighborhood groups and associaƟons to promote and explain the recycling programs included in this Agreement.
At City or customer request
Quarterly NewsleƩer Not less than four Ɵmes per year during each rate period, Contractor shall be responsible for all costs incurred for the producƟon and mailing of City’s Quarterly NewsleƩer. City reserves the right to direct the producƟon of the Quarterly NewsleƩer to a firm of its choosing. The Quarterly NewsleƩer will include informaƟon on current regulaƟons and any addiƟonal regulaƟons adopted during the term of this Agreement. Contractor shall be required to coordinate distribuƟon via U.S. Mail of the Quarterly NewsleƩer with a local mailing house, including furnishing customer mailing addresses.
Quarterly
CorrecƟve AcƟon NoƟces Produce and distribute a single-family customer oriented non-collecƟon noƟce and courtesy pick-up noƟces for use in instances where the customer includes prohibited container contaminants in a container or fails to properly prepare or set-out containers.
As needed
Seasonal Program NoƟficaƟons Contractor shall prepare a brochure or postcard informing all single-family customers adverƟsing holiday tree collecƟons pursuant to Exhibit B1.5 and any other seasonal or periodic program(s). The noƟficaƟon shall inform customers of the schedule, acceptable and prohibited materials, and set-out requirements for the program. Contractor shall submit a draŌ of the brochure or postcard to City for review and approval by October 1 each year.
At least 14 calendar days prior to event via direct mail Website Contractor shall prepare a “single-family customer” secƟon of its website where it will present customers with “how-to” informaƟon for parƟcipaƟng in Contractor-provided programs, including proper container setouts, and provide single-family customers with links to click on for addiƟonal resources. All other single-family educaƟonal materials specified in this SecƟon shall be posted on this secƟon of Contractor’s website in PDF and/or video format. The website shall also publish the current rates charged to single-family customers within Brea.
Within 60 calendar days of the EffecƟve Date Updated quarterly
EXHIBIT C
PUBLIC EDUCATION & OUTREACH PLAN
Live Edits Page C-6 Franchise Agreement, Exhibit C 3024958.2 AcƟvity DescripƟon DistribuƟon/Frequency Mandatory Recycling and Organics Outreach AcƟviƟes Produce and distribute outreach materials containing informaƟon to assist City with outreach compliance for applicable laws related to mandatory recycling and organics including SB 1383. Can be combined with annual noƟce requirements and quarterly newsleƩers.
Annually
EXHIBIT C
PUBLIC EDUCATION & OUTREACH PLAN
Live Edits Page C-7 Franchise Agreement, Exhibit C 3024958.2Public EducaƟon and Outreach | MulƟ-Family EducaƟon and Outreach AcƟviƟes All printed materials also shall be posted to Contractor’s website.
AcƟvity DescripƟon DistribuƟon/Frequency New Programs Mailing Produce and distribute an iniƟal mailing to all mulƟ-family dwelling units explaining the program changes in this Agreement, changes from the exisƟng collecƟon programs to new programs, new regulatory requirements, including SB 1383, and the commencement of the change.
Within 60 days of EffecƟve
Date via direct mail
Annual NoƟce Contractor shall prepare and distribute to each customer a brochure providing relevant informaƟon about Contractor’s services including: informaƟon regarding access to and use of available services; collecƟon schedules; holiday collecƟon schedules; customer service numbers; procedures to begin and terminate services; and, informaƟon promoƟng and explaining available programs, such as recycling, organic materials, holiday tree and bulky good collecƟons, the availability of household hazardous waste, u-waste and ewaste collecƟon, and the proper handling and disposal of such wastes. This brochure shall also be printed and made available in Spanish, Korean, and TradiƟonal Chinese languages.
Annually
Recycling Guide Produce and distribute a “Recycling Guide” specific to mulƟ-family customers and updated versions of the guide as needed. This guide shall include informaƟon such as collecƟon methodologies, set out instrucƟons, contact informaƟon, and acceptability and necessary preparaƟon of materials for all mulƟ-family programs described in Exhibit B2. A secƟon of the guide will specifically address proper methods of handling and disposal of hazardous wastes.
Within 30 days of the EffecƟve
Date and as needed via direct mail
Technical Assistance: Diversion Opportunity Assessments Provide diversion opportunity assessments to each mulƟ-family customer to meet with the property manager or owner of mulƟ-family premises to promote recyclable and organic materials collecƟon.
Annually plus follow-up meeƟngs with individual customers, as needed
EXHIBIT C
PUBLIC EDUCATION & OUTREACH PLAN
Live Edits Page C-8 Franchise Agreement, Exhibit C 3024958.2 AcƟvity DescripƟon DistribuƟon/Frequency Workshops Offer and respond to requests for on-site meeƟngs and workshops. Contractor shall conduct workshops for customers (when requested) that will show property managers and residents, in a hands-on interacƟve format, how to use the recycling and organics program and will provide resources for addiƟonal informaƟon and support.
At Customer’s request
Website Contractor shall prepare a “mulƟ-family customer” secƟon of its website where it will present “how-to” informaƟon for parƟcipaƟng in Contractorprovided programs, including proper container setouts, and provide mulƟfamily customers with links to click on for addiƟonal resources. All other mulƟfamily educaƟonal materials specified in this Exhibit C shall be posted on this secƟon of Contractor’s website in PDF and/or video format. The website shall also publish the current rates charged to mulƟ-family customers. The website shall also provide property managers of mulƟ-family premises with an opportunity to request “diversion opportunity assessments” or addiƟonal educaƟon materials to provide to tenants.
Within 60 days of the EffecƟve
Date Updated quarterlyQuarterly
Mandatory Recycling and Organics Outreach AcƟviƟes
Contractor shall disseminate outreach materials containing informaƟon to assist City with outreach compliance for applicable laws related to mandatory recycling and organics including AB 341, AB 1826, and SB 1383.
Annually
EducaƟonal Materials for Employees/Tenants
Contractor shall provide commercial and mulƟ-family property managers/ owners with public educaƟon materials, required by SB 1383, for their distribuƟon to all employees, contractors, tenants, and customers of the property or business. The public educaƟon materials shall include informaƟon about organic waste recovery requirements and proper sorƟng of discarded materials. MulƟ-family property managers/owners may request these materials more frequently if needed to comply with the SB 1383 requirement to provide informaƟon to new tenants before or within 14 days of occupancy.
Annually; or more frequently upon Customer request
EXHIBIT C
PUBLIC EDUCATION & OUTREACH PLAN
Live Edits Page C-9 Franchise Agreement, Exhibit C 3024958.2Public EducaƟon and Outreach | Commercial EducaƟon and Outreach AcƟviƟes All printed materials also shall be posted to Contractor’s website.
AcƟvity DescripƟon DistribuƟon/Frequency New Programs Mailing Prepare and distribute an iniƟal mailing to all commercial customers explaining the program changes in this Agreement, changes from the exisƟng collecƟon programs to new programs, and the commencement date of the change.
Within 60 days of the EffecƟve
Date via direct mail
Annual NoƟce Contractor shall prepare and distribute to each customer a brochure providing relevant informaƟon about Contractor's services, including: informaƟon regarding access to and use of available services; collecƟon schedules; holiday collecƟon schedules; customer service numbers; procedures to begin and terminate services; and, informaƟon promoƟng and explaining available programs, such as recycling, organic materials, holiday tree and bulky good collecƟons, the availability of household hazardous waste, u-waste and e-waste collecƟon, and the proper handling and disposal of such wastes. This brochure shall also be printed and made available in Spanish, Korean, and TradiƟonal Chinese languages.
Annually
NewsleƩers (Three Ɵmes per year)
Not less than three Ɵmes per year during each rate period, Contractor shall be responsible for all costs incurred for the producƟon and mailing of City’s newsleƩer. City reserves the right to direct the producƟon of the newsleƩer to a firm of its choosing. The newsleƩer will include informaƟon on current regulaƟons and any addiƟonal regulaƟons adopted during the term of this Agreement. Contractor shall be required to coordinate distribuƟon via U.S. Mail of the newsleƩer with a local mailing house, including furnishing customer mailing addresses. The commercial newsleƩer may be combined with residenƟal newsleƩer so long as all generator types receive the informaƟon, and the informaƟon is relevant to all generators. City must approve combining newsleƩers in advance.
Three Ɵmes per year distributed to all commercial and mulƟ-family customers
EXHIBIT C
PUBLIC EDUCATION & OUTREACH PLAN
Live Edits Page C-10 Franchise Agreement, Exhibit C 3024958.2 AcƟvity DescripƟon DistribuƟon/Frequency Recycling Guide Contractor shall produce a “recycling guide” specific to commercial customers and update the guide as needed. This guide shall include informaƟon on collecƟon methodologies, set out instrucƟons, contact informaƟon, and acceptability and necessary preparaƟon of materials for all commercial programs described in Exhibit B3. A secƟon of the guide will specifically address proper methods of handling and disposal of hazardous wastes.
Within 30 days of the EffecƟve
Date and as needed via direct mail Distributed during diversion opportunity assessments “How-to” Flyer: Recyclable Materials
Prepare and distribute a “how-to” brochure explaining the recycling materials collecƟon programs for each general business type (restaurants, office/commercial buildings, strip malls, and large commercial businesses).
Within 30 days of the EffecƟve
Date via direct mail Distributed during diversion opportunity assessments “How-to” Flyer: Organic Materials
Prepare and distribute a flyer describing the organic materials collecƟon services available and how to prepare organic materials for collecƟon for each general business type (restaurants, office/commercial buildings, strip malls, and large commercial businesses).
Within 30 days of the EffecƟve
Date via direct mail Distributed during diversion opportunity assessments Technical Assistance: Diversion Opportunity Waste Assessments Provide diversion opportunity assessments at least one Ɵme annually to each and every commercial customer to promote recyclable and organic materials collecƟon and replenish recycling guides and recycling and organics posters as needed by each customer.
Annually plus follow-up meeƟngs
with individual customers, as required
Recycling and Organics Posters Produce and distribute (during diversion opportunity assessments) laminated recycling and organics posters that provide graphic illustraƟons of acceptable and prohibited materials within each program.
Distributed during diversion opportunity assessments
EXHIBIT C
PUBLIC EDUCATION & OUTREACH PLAN
Live Edits Page C-11 Franchise Agreement, Exhibit C 3024958.2 AcƟvity DescripƟon DistribuƟon/Frequency Quarterly Bill Inserts Prepare and distribute quarterly bill inserts that creaƟvely inform commercial customers about such topics as: cost savings available from source reducƟon, reuse, and recycling; Ɵps for overcoming common operaƟonal challenges businesses have with recycling and organics programs; the environmental benefits of buying recycled-content products; and, staƟsƟcs, trends, and facts about programs performed under this Agreement (e.g., collected, tonnage, year over year increase/decrease, markets for material collected, what each material is recycled into) as appropriate. Contractor’s annual public educaƟon plan shall define a theme for each quarterly insert.
Quarterly via direct mail
CorrecƟve AcƟon NoƟces Produce a commercial and mulƟ-family customer oriented correcƟve acƟon noƟce for use in instances where the customer includes prohibited container contaminants in a container or fails to properly prepare or set-out containers.
As needed
Mandatory Recycling and Organics Outreach AcƟviƟes
Contractor shall disseminate outreach materials related to the mandatory nature of recyclable materials and organic materials collecƟon services, upon request from City. Such outreach shall be designed to assist City in complying with the outreach requirements of applicable laws related to the mandatory provision of recyclable materials and organic materials collecƟon and diversion services.
Annually
EducaƟonal Materials for Employees/Tenants
Contractor shall provide commercial and mulƟ-family property managers owners with public educaƟon materials, required by SB 1383, for their distribuƟon to all employees, contractors, tenants, and customers of the property or business. The public educaƟon materials shall include informaƟon about organic waste recovery requirements and proper sorƟng of discarded materials. Commercial customers may request these materials more frequently if needed to comply with the SB 1383 requirement to provide informaƟon to new tenants before or within 14 days of occupancy.
Annually; or more frequently upon Customer request Can be provided electronically to property or business
EXHIBIT C
PUBLIC EDUCATION & OUTREACH PLAN
Live Edits Page C-12 Franchise Agreement, Exhibit C 3024958.2 AcƟvity DescripƟon DistribuƟon/Frequency Commercial Edible Food Generator EducaƟon Contractor shall provide customers that are commercial edible food generators with the following: 1. InformaƟon about City’s edible food recovery program. 2. InformaƟon about the commercial edible food generator requirements under 14 CCR, Division 7, Chapter 12, ArƟcle 10.
3. InformaƟon about food recovery organizaƟons and food recovery services operaƟng within Brea and where a list of those food recovery organizaƟons and food recovery services can be found.
4. InformaƟon about acƟons that commercial edible food generators can take to prevent the creaƟon of food waste.
Annually
EXHIBIT C
PUBLIC EDUCATION & OUTREACH PLAN
Live Edits Page C-13 Franchise Agreement, Exhibit C 3024958.2Public EducaƟon and Outreach | Special Events All printed materials also shall be posted to Contractor’s website as well as links to teacher resources.
AcƟvity DescripƟon DistribuƟon/Frequency Event Exhibit Contractor shall staff an exhibit booth and distribute promoƟonal and educaƟonal materials at special events. Contractor shall provide visual displays, copies of educaƟonal materials (including all guides, flyers, and brochures produced for this Agreement), and recycling educaƟon acƟviƟes appropriate to a variety of age groups. Display components will be professionally designed and created and shall be scalable to be appropriate for a variety of booth or display configuraƟons. Materials will include those pertaining to the programs provided under this Agreement as well as general informaƟon on “green” and/or sustainable behaviors.
All special events listed in Exhibit B4 Other events at City’s request 3024958.2
This page intenƟonally leŌ blank
3024958.2
EXHIBIT D:
INITIAL MAXIMUM RATES
3024958.2
This page intenƟonally leŌ blank
EXHIBIT D:
INITIAL MAXIMUM RATES
Live Edits Page D-1 Franchise Agreement, Exhibit D
3024958.2
Following are the rates for August 1, 2024 through June 30, 2025:
3024958.2
This page intenƟonally leŌ blank
3024958.2
EXHIBIT E:
EXAMPLE RATE ADJUSTMENT FORMULA
3024958.2
This page intenƟonally leŌ blank
EXHIBIT E:
EXAMPLE RATE ADJUSTMENT FORMULA
Live Edits Page E-1 Franchise Agreement, Exhibit E
3024958.2
3024958.2
This page intenƟonally leŌ blank
3024958.2
EXHIBIT F:
REPORTING REQUIREMENTS
3024958.2
This page intenƟonally leŌ blank
EXHIBIT F
REPORTING REQUIREMENTS
Live Edits Page F-1 Franchise Agreement, Exhibit F
3024958.2
Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed. Reports are intended to compile recorded data into useful forms of informaƟon that can be used to, among other thingsare agreed to by both the Contractor and the City.
The objecƟves of reports should be to :
1. Determine and set rates and evaluate the financial efficacy of operations.
2. Evaluate past and expected progress towards achieving Contractor’s diversion goals and objectives.
3. Provide concise and comprehensive program information and metrics for use in fulfilling reporting requirements under applicable law.
4. Determine needs for adjustment to programs.
5. Evaluate customer service and complaints.
6. Determine customer compliance with AB 341, SB 1383, and any subsequent state-mandated recycling requirements.
1. Monthly Report Content
Monthly reports shall to be submiƩed by Contractor to City and shall include the following informaƟon pertaining to the most recently completed calendar month. In addiƟon, each monthly report shall include a year-to-date summary page that includes the data submiƩed from the monthly report(s) submiƩed in the calendar year prior to the submiƩal of the current monthly report. Contractor shall report the informaƟon included in the following subsecƟons.
A. Tonnage Report.
1. Tonnage delivered to each approved facility by customer type, subtotaling and clearly identifying those tons that are diverted and those that are disposed.
2. Bulky goods collected by customer type.
3. Solid waste tonnage disposed.
4. Recyclable materials tonnage marketed.
5. Bulky goods marketed and tonnage disposed from non-divertible materials and processing residue.
6. Monthly diversion rate by customer type and in aggregate for all customer types.
B. Diversion Report. Contractor shall to report the diversion level for each month and the cumulative year-to-date diversion level, where diversion level shall be calculated as: (Discarded Materials Collected – Solid Waste Collected – Processing Residue Disposed) / Discarded Materials Collected.
C. Revenue Report. Provide a statement detailing gross receipts from all operations conducted or permitted pursuant to this Agreement.
D. Customer Subscription and Collection Report.
1. Summary of customer subscription data[CM1][BG2] for Residential, Commercial, and MultiFamily customer types , including shall include the number of accounts; the number of customers subscribing to each service level listed separately by customer type and discarded material type.[VF3][BG4]following:
EXHIBIT F
REPORTING REQUIREMENTS
Live Edits Page F-2 Franchise Agreement, Exhibit F
3024958.2
a. Customer number
b. Customer name
c. Street address
d. Billing address
e. All service information, including
i. Line of service (i. e. MSW, Organics, Recyclable Materials) ii. quantity of Containers on site, with
Day(s) of service by line of service
iii. Container size
f. Service Contact Address, if available
g. Service Contact Number if available
h. Billing Contact Information if available
a) Name
b) Address
c) Phone Number
2. Number of containers at each service level by customer type and program. Summarizing the total gallons of cart service, cubic yards of bin service, and pulls and cubic yards or tons of roll-off box and compactor service by customer type. Report shall calculate the average volume of service received per: single-family dwelling unit (separately identifying dwelling units in a duplex, triplex, or fourplex); multi-family dwelling unit; and, commercial customer.
3. List of all commercial and multi-family customers with solid waste service. Such list shall include each such customer’s service address and subscribed solid waste, recyclable materials, and organic materials service levels and other information as required by the Agreement. The list shall include all information in one line for each customer illustrating the service level for each material type and the total service level for all material types the customer has subscribed to.[VF5][BG6]
4. Number of bulky good/reusable materials collection events by customer type.
5. Number of customers subscribing to each City approved service exemption by customer type, including the total number of de minimis waivers and physical space constraint waivers granted in the month in accordance with Section 5.10 including the customer name and address for each waiver.
6. Number of waivers reviewed, and number of reverification inspections performed, by Contractor pursuant to Section 5.10.B in the month, if any, including a copy of documentation for each waiver review and reverification inspection.
E. City Services Report.
EXHIBIT F
REPORTING REQUIREMENTS
Live Edits Page F-3 Franchise Agreement, Exhibit F
3024958.2
1. City facility diversion rate report[CM7][BG8] (i.e., volume of service by service type received by each City facility).
2. Summary report on the programs offered to City as described in Exhibit B4 focused on when each service was provided and any issues/concerns identified.[VF9][BG10] F. Customer Service Report.
1. Number of events of discarded materials being tagged for non-collection summarized by the reason for tagging (e.g., inclusion of non-recyclable or non-compostable materials, improper set-out, hazardous waste).
2. Number of courtesy pick-up collections summarized by the reason for leaving a courtesy pickup notice (e.g., inclusion of non-recyclable or non-compostable materials, improper set-out, hazardous waste). [CM11][BG12][VF13]
3. List of customers for which Contractor has performed a courtesy pick-up collection, including the customer address and material type for which the courtesy pick-up collection was performed.
4. Record of general customer service complaints and SB 1383 non-compliance complaints [VF14][BG15]received, including the following information:
a. Total number of complaints received and total number of complaints investigated. b. Copies of documentation recorded for each complaint received, which When available, the information in the report shouldhall include the following information:
(i) the a brief description of the complaint as received; (ii) the name and contact information of the complainant, if the complaint is not submitted anonymously; (iii) if complaint is regarding an SB 1383 violation and if the information is provided, the identity address of the alleged violator, if known; (iv) a description of the alleged violation, including location(s) and all other relevant facts known to the complainant; (v) any relevant photographic or documentary evidence submitted to support the allegations in the complaint; and, (vi) the identity of any witnesses, if known. [VF16] c. Copies of all complaint reports submitted to City, pursuant to Article 7. d. Documentation of any follow-up inspections and/or outreach, if any, conducted upon City request pursuant to Section 5.8.C, which shall include: (i) the date Contractor investigated the complaint; (ii) documentation of the findings of the investigation; and, (iii) any photographic or other evidence collected during the investigation.
G. Contamination Monitoring Report.
1. The number of route reviews conducted pursuant to Section 5.11.
2. Description of Contractor’s process for determining the level of contamination or bin overfilling during route reviews. Contractor shall document the contamination and/or overfilling through use of film or digital photography.
3. A record of each inspection and contamination fee assessed, which shall include:
a. Name and address of the customer.
EXHIBIT F
REPORTING REQUIREMENTS
Live Edits Page F-4 Franchise Agreement, Exhibit F
3024958.2
b. The date the contaminated container was observed.
c. The staff who conducted the inspection.
d. The total number of violations found and a description of what action was taken for each.
e. Copies of all notices to customers with prohibited container contaminants. f. Photographic documentation.
4. Documentation of the total number of containers disposed of due to observation of prohibited container contaminants. [CM17][BG18]
5. Summary report of courtesy pick-up notices, non-collection notices, and/or contamination processing fee notices issued, which for each notice shall include the date of issuance, customer name, and service address.
6. A list of all customers assessed contamination processing fees, reported separately by customer type, and including: the customer name, customer address, and reason for the assessment; the total number of instances contamination processing fees were assessed in the month; and, the total amount of fees collected in the month. [VF19][BG20]
7. If performed, results of any waste characterization studies conducted pursuant to Exhibit B4, Section 6.[VF21][BG22]
8. Any other information reasonably requested by City or specified in contamination monitoring provisions of this Agreement. [VF23][BG24]
2. Quarterly Report Content
A. Education and Outreach.
1. A copy of all education and outreach materials provided to generators, or otherwise used for education and outreach efforts in accordance with Section 5.6 and Exhibit C, including flyers, brochures, newsletters, invoice messaging/billing inserts, and website and social media postings.
2. A record of the date and to whom the information was disseminated, or direct contact made, in the form of a list that includes the generator’s name or account name, the type of education or outreach received; the distribution date, and the method of distribution.
3. For any mass distribution through mailings or bill inserts, provide a record of the date, a copy of the information distributed, and the type and number of accounts that received the information.
4. A copy of all electronic media, including the dates posted or sent of social media posts, email communications, or other electronic messages. A summary report shall be provided for electronic marketing that itemizes each communication and reports performance metrics for each that are relevant to that type of communication (e.g., open and click-through rates for email marketing, engagement numbers for social media).
5. Summary of the results of the diversion opportunity assessments, such as site visits and waste audits, provided to customers (reporting multi-family separate from commercial) by identifying the number of diversion opportunity assessments conducted each month in the
EXHIBIT F
REPORTING REQUIREMENTS
Live Edits Page F-5 Franchise Agreement, Exhibit F
3024958.2
most recently completed quarter and contact information including address, contact names, telephone number of persons contacted, number of dwelling units (for multi-family), and the recyclable materials, organic materials, and solid waste service level for each complex.
Include any service level changes resulting from such visits.[VF25][BG26]
6. Summary of the public education materials and activities provided to schools in the month, if any, including results from diversion opportunity assessments. as described in Exhibit C.
7. Dates, times, and group or event names of any site visits, meetings, and events attended in the month.
3. Annual Report Content
The annual report shall be the final monthly report, including annual totals, summary pages, and a compilaƟon of any materials required by the monthly reports, plus the following addiƟonal informaƟon.
A. Summary Assessment. Provide a brief summary assessment of the programs performed under this Agreement from the Contractor's perspective. The assessment should include relative to the financial and physical status of the program. The physical status assessment shall reflect how well the program is operating in terms of efficiency, economy, and effectivenessefficiency and effectiveness in meeting all the goals and objectives of this Agreement as they relate to SB 1383 compliance, particularly Contractor’s diversion goals. Provide recommendations and plans to improve and highlight significant accomplishments and problems as they relate to this assessment.
Results shall be compared to other similar size communities served by Contactor in California.[VF27][BG28]
B. Collection and Processing Report.
1. The total tonnage of discarded materials removed from homeless encampments and illegal disposal sites as part of an abatement activity, listing each collection event separately by date, location, and tonnage collected, pursuant to Exhibit B4.
2. A record of all compliance agreements for quarantined organic waste that are disposed of, including the name of generator, date issued, location of final disposition, and the amount of quarantined organic waste that was required to be disposed at a landfill, pursuant to Section 5.10.C.2.
3. Written notification that the approved organic materials processing facility has and will continue to have the capabilities to process and recover the compostable plastics, in accordance with Section 5.1.I.
C. Education and Outreach Report.
1. A summary of the status of the annual education plan of the reporting year, including activities conducted and the quantitative and/or qualitative results of those activities.
2. The annual public education plan required by Section 5.6 and Exhibit C for the upcoming then-current calendar year. For example, Contractor submittal of a 2023 annual report in February 2024 shall include Contractor submittal of the annual public education plan for calendar year 2024.
EXHIBIT F
REPORTING REQUIREMENTS
Live Edits Page F-6 Franchise Agreement, Exhibit F
3024958.2
D. Commercial Edible Food Generator Report. Commercial customer list including contact information requested by the City Manager and designation of each commercial customer as either “tier 1,” “tier 2,” or “non-covered” edible food generator.
E. City Services Report.
1. City facility volume report[CM29][BG30] which reports on the cumulative volume by cubic yards for each service received at each City facility.
E. Vehicle Inventory.
1. A list of all vehicles used in performing services under this Agreement including the license plate number, VIN, make, model, model year, purchase date, engine overhaul/rebuild date (if applicable), and mileage as of December 31.
2. The total amount of RNG procured by Contractor for use in Contractor vehicles, in diesel gallon equivalents, including copies of any receipts, invoices, or other similar documentation evidencing procurement. In addition to the amount procured, Contractor shall include the total amount actually used in Contractor vehicles in the calendar year, if these values are different.
3. The name, physical location, and contact information of each entity, operation, or facility from whom Contractor procured RNG for collection vehicles.
F. AB 341/AB 1826 Compliance. Provide a listing of commercial customers subscribing to four or more cubic yards of solid waste service per week who do not currently subscribe to recyclable materials collection service from Contractor.
Provide a listing of commercial customers subscribing to two or more cubic yards of solid waste service per week who do not currently subscribe to organic materials collection service from Contractor.
G. Other Reports.
1. A revenue statement, setting forth quarterly AB 939 administrative fees, if any, and the basis for the calculation thereof, certified for accuracy by an officer of Contractor.
2. A list of Contractor’s officers and members of its board of directors.
3. A list of stockholders or other equity investors holding 5% or more of the voting interest in Contractor and any subsidiaries.
4. Additional Reports
A. Ad Hoc Reports. Contractor shall provide up to six reports[CM31][BG32], in which each report shall be provided in a single format, of which the format type maybe either PDF a word processing format such as Microsoft Work; or a spreadsheet format such as Microsoft Excel. of varying detail and format, as specifically requested by City, to meet unforeseeable information queries of the CalRecycle, or other public agencies, including City.[VF33][BG34] B. Upon Incident Reporting. City reserves may the right to request additional reports or documents in the case of unforeseen events or additional requirements imposed upon City. Contractor shall should provide the requested reports, documents, or information within 10 business days upon
EXHIBIT F
REPORTING REQUIREMENTS
Live Edits Page F-7 Franchise Agreement, Exhibit F
3024958.2
receipt of the request or within a timeframe determined agreed to by thebetween the City Manager and the Contractor, which shall not to exceed 10 days..
C. AB 901 Reporting. City may require that Contractor provide City copies of Contractor’s AB 901 reports on a regular basis (such as monthly, quarterly, or annually) or within 10 business days of the request.
D. Customized Reports. City may request Contractor to prepare and provide customized reports from records Contractor is required to maintain.
3024958.2
EXHIBIT G:
CORPORATE GUARANTY
3024958.2
This page intenƟonally leŌ blank
EXHIBIT G
CORPORATE GUARANTY
Live Edits Page G-1 Franchise Agreement, Exhibit G
3024958.2
THIS GUARANTY (“Guaranty”) is made as of _______________, 2025, by Republic Services, Inc., a Delaware corporaƟon (“Guarantor”), located at 18500 N. Allied Way Phoenix, AZ 85054, for the benefit of the CITY OF BREA, a California municipal corporaƟon (“City”), located at 1 Civic Center Circle, Brea, California, 92821. The purpose of this Guaranty is to assure performance of the obligaƟons of Guarantor’s wholly-owned subsidiary, Republic Waste Services of Southern California, LLC, a Delaware limited liability company (“Subsidiary”), under that certain Second Amended and Restated Franchise Agreement dated __________, 2025 (“Agreement”), by and between City and Subsidiary. Capitalized terms used herein without definiƟon shall have the meanings given such terms in the Agreement.
1. Guaranty. Guarantor hereby uncondiƟonally and irrevocably guarantees to City the full, prompt and faithful performance of the covenants and indemniƟes of Subsidiary under the Agreement and the full and Ɵmely payment of all amounts due or owing, now or in the future, by Subsidiary under the Agreement.
2. Term. This Guaranty shall conƟnue in full force and effect throughout the term of the Agreement and unƟl all covenants and indemniƟes of Subsidiary under the Agreement are fully performed, including any that survive terminaƟon or expiraƟon of the term of the Agreement, and all amounts due or owing by Subsidiary under the Agreement are paid in full. Any terminaƟon of this Guaranty shall not affect nor apply to performance of any covenant or indemnity of Subsidiary performance of which is due prior to the effecƟve date of such terminaƟon or which becomes due aŌer the effecƟve date of such terminaƟon based upon an act, omission, event or occurrence prior to the effecƟve date of such terminaƟon.
3. Rights Independent. Guarantor agrees that the obligaƟons under this Guaranty are independent of the obligaƟons of Subsidiary under the Agreement and a separate acƟon or acƟons may be brought and prosecuted against Guarantor whether acƟon is brought and prosecuted against Subsidiary or any other person, or any other guarantor, or whether any other person is joined in any such acƟon or acƟons.
4. ModificaƟon of ObligaƟons. Guarantor authorizes City without noƟce or demand to Guarantor and without affecƟng Guarantor’s liability hereunder, from Ɵme to Ɵme to: (a) enter into with Subsidiary or, with the joinder or prior wriƩen approval of Subsidiary, to, amend, alter, modify, renew, extend, accelerate or otherwise change the Agreement or any provision thereof or otherwise change the terms of any documents, instruments or agreements to which Subsidiary is a party; (b) take and hold security or addiƟonal guaranƟes for the performance of this Guaranty or the obligaƟons guaranteed hereunder, and amend, alter, exchange, subsƟtute, transfer, enforce, waive, subordinate, terminate, modify and release in any manner any such security or guaranƟes; (c) apply such security and direct the order or manner of sale thereof as City in its discreƟon may determine; (d) release or subsƟtute any other guarantor; and (e) seƩle, release on terms saƟsfactory to Subsidiary by operaƟon of law or otherwise, compound, compromise, collect or otherwise liquidate any indebtedness or security in any manner, consent to the transfer of security and bid and purchase at any sale, without affecƟng or impairing the obligaƟons of Guarantor hereunder.
5. Waiver of Defenses. Guarantor waives any right to require City to proceed against Subsidiary or any person other than Guarantor or to pursue any other remedy in City’s powers whatsoever, except that, prior to proceeding against Guarantor under this Guaranty, (i) City shall first demand in wriƟng performance or payment by Subsidiary and any cure period applicable to such performance or payment as set forth in the Agreement shall have expired without cure by Subsidiary, except that if Subsidiary shall decline or refuse such demand or shall be prevented by bankruptcy, insolvency, operaƟon of law, legal
EXHIBIT G
CORPORATE GUARANTY
Live Edits Page G-2 Franchise Agreement, Exhibit G
3024958.2
process or legal incapacity from performing or paying, no such demand for performance or payment or expiraƟon of such cure period shall be necessary prior to City proceeding against Guarantor under this Guaranty, and (ii) City shall give wriƩen noƟce, in the manner provided in the Agreement, to Guarantor of the non-performance or non-payment by Subsidiary, which noƟce requirement may be saƟsfied by City transmiƫng to Guarantor a copy of any wriƩen noƟce or demand given to Subsidiary in the manner provided in the Agreement. Guarantor waives any defense arising by reason of (a) any disability or other defense of Subsidiary or any other person; (b) the cessaƟon from any cause whatsoever of the liability of Subsidiary; (c) any act or omission of Subsidiary or others that directly or indirectly results in or aids the discharge of any of the obligaƟons guaranteed hereunder by operaƟon of law or otherwise; (d) the amendment, modificaƟon, renewal, extension or other change in any of the obligaƟons guaranteed hereunder; (e) the forbearance by the City from the strict and Ɵmely enforcement of any of City’s rights under this Agreement; or (f) any defense to liability under this Guaranty based upon Guarantor’s inability to exercise any right of subrogaƟon to the rights of City against Subsidiary. Guarantor waives any right to enforce any remedy that Subsidiary now has or may hereaŌer have against any person, and waives any benefit of, and any right to parƟcipate in, any security, now or hereaŌer held by Subsidiary or City.
Guarantor’s obligaƟons hereunder shall not be affected by any right or setoff or any counterclaim, and, except as provided in the first sentence of this SecƟon 5, Guarantor waives all presentments, demands for performance, noƟces of nonperformance, protests, noƟces of protest, noƟces of dishonor, and noƟces of acceptance of this Guaranty and of the existence, creaƟon, or incurring of new or addiƟonal obligaƟons, and all other noƟces and demands of any kind and descripƟon now or hereaŌer provided for by any statute or rule of law. Guarantor specifically agrees that Guarantor shall not be released from liability hereunder by any acƟon taken by Subsidiary or City. Guarantor further expressly waives all rights and benefits which might otherwise be available to Guarantor under California Civil Code SecƟons 2810, 2819, 2839, 2845, 2846, 2849, 2850, 2899 and 3433.
6. AƩorneys’ Fees. Guarantor shall pay to City , without demand, any and all costs and/or expenses, including, without limitaƟon, reasonable aƩorneys’ fees and costs and court costs that City expends or incurs in collecƟng or compromising the obligaƟons guaranteed hereunder or in enforcing this Guaranty against Guarantor, whether or not suit is filed, expressly including all court costs and aƩorneys’ fees incurred by City in connecƟon with any insolvency, bankruptcy, reorganizaƟon, arrangement or other similar proceedings involving Guarantor as the insolvent or bankrupt party that in any way affects the exercise by City of any of its rights or remedies hereunder.
7. Guarantor’s RepresentaƟons and WarranƟes. Guarantor represents and warrants to City that (a) the Agreement confers substanƟal and material benefits to Guarantor; (b) there are no acƟons, suits or proceedings pending, or to the knowledge of Guarantor threatened, against or affecƟng Guarantor which could have a material adverse effect on the ability of Guarantor to honor the obligaƟons guaranteed hereunder, or involving the validity or enforceability of this Guaranty, at law or in equity, and Guarantor, to the best of its knowledge aŌer due invesƟgaƟon, is not in default or in violaƟon with respect to, or operaƟng under or subject to, any order, writ, injuncƟon, decree or demand of any court or any governmental authority; (c) the consummaƟon of the transacƟons hereby contemplated and performance of this Guaranty will not result in any breach of, or consƟtute a default under, any mortgage, deed of trust, lease, bank loan or credit agreement, partnership agreement, corporate charter, bylaws or other agreement or instrument to which Guarantor is a party or by which Guarantor or any of its assets may be bound or affected; (d) Guarantor is not insolvent (as such term is defined in the Bankruptcy Code of 1978, 11 U.S.C. SecƟon 101, et seq., as amended) and will not be rendered insolvent by execuƟon of this
EXHIBIT G
CORPORATE GUARANTY
Live Edits Page G-3 Franchise Agreement, Exhibit G
3024958.2
Guaranty or the consummaƟon of the transacƟons contemplated hereby; and (d) Guarantor has no counterclaims, offsets or defenses with respect to the Guaranty.
8. SubordinaƟon of Rights. Guarantor hereby agrees that any claim it may have or may hereaŌer acquire against Subsidiary shall be subordinate to any claims that City may have against Guarantor and/or Subsidiary.
9. Effect of Waivers. Guarantor warrants and agrees that each of the waivers set forth in this Guaranty is made with Guarantor’s full knowledge of its significance and consequences, and that under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any of such waivers are determined to be contrary to any applicable law or public policy, such waivers shall be effecƟve only to the maximum extent permiƩed by law.
10. Successors and Assigns. This Guaranty shall bind the heirs, executors, legal representaƟves, successors and assigns of Guarantor, and shall inure to the benefit of City and its successors and assigns.
11. Governing Law. Guarantor acknowledges and agrees that the parƟes and transacƟons referred to herein have significant contacts with the State of California, and that therefore this Guaranty shall be governed by, and construed in accordance with, the laws of the State of California.
12. Amendments. Neither this Guaranty nor any provision hereof may be amended, modified, waived, discharged or terminated except by an instrument in wriƟng duly signed by or on behalf of City and Guarantor.
13. Delay Not a Defense; Rights CumulaƟve. No delay or failure by City to exercise any right or remedy against Guarantor or any other person shall be construed as a waiver thereof. All of the City’s respecƟve rights under this Guaranty are cumulaƟve and not exclusive.
14. Severability. In case any right of City under this Guaranty shall be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other right granted hereby.
15. Miscellaneous. All words used in this Guaranty in the singular shall be deemed to have been used in the plural and all words used in this Guaranty in the plural shall be deemed to have been used in the singular where the context and construcƟon so require. The word “person” as used herein shall include any individual, company, firm, associaƟon, partnership, corporaƟon, trust or other legal enƟty of any kind whatsoever. The term “or” is not exclusive. The secƟon headings in this Guaranty are for convenience of reference only and shall not limit or otherwise affect the provisions of this Guaranty.
16. Assignment of Guaranty. This Guaranty is assignable without noƟce by City, in whole or in part, to an affiliate of City or to any reorganized enƟty as to which an affiliate of City was changed into whether by merger, sale or other method of reorganizaƟon, where such affiliate or reorganized enƟty assumes the obligaƟons that this Guaranty guarantees, and when so assigned, Guarantor shall be bound as above to such affiliate of City or to such reorganized enƟty as to which City or an affiliate of City was changed into whether by merger, sale or other method of reorganizaƟon. Guarantor agrees that nothing herein shall be deemed to in any manner negate or limit City’s right to enforce this Guaranty in the absence of any such assignment.
EXHIBIT G
CORPORATE GUARANTY
Live Edits Page G-4 Franchise Agreement, Exhibit G
3024958.2
17. Further Assurances. Guarantor agrees, at its expense and without expense to City, to do such further acts, to execute and deliver such addiƟonal documents as City from Ɵme to Ɵme reasonably requires to assure and confirm all the rights of City created hereby or intended now or hereaŌer, or to carry out the intenƟon of or facilitate the performance of the terms of this Guaranty.
18. Complete Agreement. Except as provided in any other wriƩen agreement now or at any Ɵme hereaŌer in force between City and Guarantor, this Guaranty shall consƟtute the enƟre agreement of Guarantor with City with respect to the subject maƩer hereof, and no representaƟon, understanding, promise or condiƟon concerning the subject maƩer hereof shall be binding upon City unless expressed in this Guaranty.
19. NoƟces. All noƟces that may be required or otherwise contemplated under the terms of this Guaranty shall be in wriƟng and shall be addressed to Guarantor and to City as set forth above. Such addresses may be changed from Ɵme to Ɵme by wriƩen noƟce to the other party at such address.
IN WITNESS WHEREOF, Guarantor has duly executed and delivered this Guaranty as of the date and year stated above.
GUARANTOR:
Republic Services, Inc.
____________________________________
□ Chairman □ President □ Vice President
____________________________________
□ Secretary □ Asst. Secretary
□ Chief Finance Officer □ Asst. Treasurer
[Pursuant to CorporaƟons Code SecƟon 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] 3024958.2
EXHIBIT H:
CONTRACTOR’S FAITHFUL PERFORMANCE BOND
3024958.2
This page intenƟonally leŌ blank
EXHIBIT H
CONTRACTOR’S FAITHFUL PERFORMANCE BOND
Live Edits Page H-1 Franchise Agreement, Exhibit H
3024958.2
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Brea (“Brea”), has awarded to Republic Waste Services of Southern California, LLC, a Delaware limited liability company doing business as Brea Disposal and located at 2242 N. Blue Gum Street, Anaheim, California 92806 (“Principal”), a Second Amended and Restated Franchise Agreement (“Agreement”) for the collecƟon, transportaƟon, processing, recycling, composƟng, and disposal of solid waste, organic material, and recyclable material (“Franchise”).
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admiƩed surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Eight Hundred and Twenty-Two Thousand dollars ($822,000), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, condiƟons and provisions in the Franchise and any alteraƟon thereof made as therein provided, on Principal’s part, to be kept and performed at the Ɵme and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein sƟpulated, then this obligaƟon shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligaƟon secured hereby and in addiƟon to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable aƩorneys’ fees, incurred by Authority in successfully enforcing such obligaƟon, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitaƟons as it applies to an acƟon on this bond.
Surety hereby sƟpulates and agrees that no change, extension of Ɵme, alteraƟon or addiƟon to the terms of the Contract or of the Franchise to be performed thereunder or the specificaƟons accompanying the same shall in anywise affect its obligaƟons under this bond, and it does hereby waive noƟce of any such change, extension of Ɵme, alteraƟon or addiƟon to the terms of the Contract or to the Franchise or to the specificaƟons. Surety hereby waives the provisions of California Civil Code SecƟons 2845 and 2849. City is the principal beneficiary of this bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two idenƟcal counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth
EXHIBIT H
CONTRACTOR’S FAITHFUL PERFORMANCE BOND
Live Edits Page H-2 Franchise Agreement, Exhibit H
3024958.2
below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representaƟve(s) pursuant to authority of its governing body.
Dated:
“Principal”
Republic Waste Services of Southern California,
LLC
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as aƩorney-in-fact must be aƩached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies execuƟng Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
3024958.2
EXHIBIT I:
NOTARY CERTIFICATION
3024958.2
This page intenƟonally leŌ blank
3024958.2
EXHIBIT J:
CONTRACTOR’S SB 1383 IMPLEMENTATION PLAN AND SCHEDULE
3024958.2
This page intenƟonally leŌ blank
EXHIBIT J
CONTRACTOR’S IMPLEMENTATION PLAN AND SCHEDULE
Live Edits Page J-1 Franchise Agreement, Exhibit J
3024958.2
3024958.2
This page intenƟonally leŌ blank
3024958.2
EXHIBIT K:
COUNTY WASTE DISPOSAL AGREEMENT
3024958.2
This page intenƟonally leŌ blank
3024958.2
EXHIBIT L:
FACILITIES LIST
3024958.2
This page intenƟonally leŌ blank
EXHIBIT L:
FACILITIES LIST
Live Edits Page L-1 Franchise Agreement, Exhibit L
3024958.2
Facilities List
Approved or
Designated
Facility Type
Required Facility InformaƟon
Approved Transfer
Facility(ies)
Facility Name: CVT Regional Material Recovery and TS
Address: 1131 N. Blue Gum St. Anaheim, CA 92806
Operator: Republic Services
SWIS Number: SWIS 30-AB-0335
Facility Type: Materials Recovery Facility and TS
Material Type(s): Source Separated Recyclable Materials, Yard Waste, Food Waste, Source Separated Organic Materials, C&D, Solid Waste Facility Name: Rainbow Transfer/Recycling
Address: 17121 Nichols Lane HunƟngton Beach CA, 92647 Operator: Republic Services
SWIS Number: SWIS 30-AB-0099
Facility Type: Materials Recovery Facility and TS
Material Type(s): Source Separated Recyclable Materials, Yard Waste, Food Waste, Source Separated Organic Materials, C&D, Solid Waste Designated Disposal
Facility(ies)
Facility Name: Olinda Alpha Landfill
Address: 1942 N. Valencia Avenue, Brea, CA 92823
Operator: OC Waste and Recycling
SWIS Number: SWIS 30-AB-0035
Facility Type: Landfill
Material Type(s): Solid Waste
(If Applicable) Transfer Facility: CVT Regional Material Recovery and TS or Rainbow
Facility Name: Frank R. Bowerman Sanitary Landfill
Address: 11002 Bee Canyon Access Road, Irvine, CA 92618 Operator: OC Waste and Recycling
SWIS Number: 30-AB-0360
Facility Type: Landfill
Material Type(s): Solid Waste
(If Applicable) Transfer Facility: CVT Regional Material Recovery and TS or Rainbow
Facility Name: Prima Deschecha Landfill
Address: 32250 Avenida La Pata San Juan Capistrano, CA 92675 Operator: OC Waste and Recycling
EXHIBIT L:
FACILITIES LIST
Live Edits Page L-2 Franchise Agreement, Exhibit L
3024958.2
Approved or
Designated
Facility Type
Required Facility InformaƟon
SWIS Number: 30-AB-0019
Facility Type: Landfill
Material Type(s): Solid Waste
(If Applicable) Transfer Facility: CVT Regional Material Recovery and TS or Rainbow
Approved C&D Facility(ies) Facility Name: CVT Regional Material Recovery and TS Address: 1131 N. Blue Gum St. Anaheim, CA 92806
Operator: Republic Services
SWIS Number: SWIS 30-AB-0335
Facility Type: Materials Recovery Facility and TS
Material Type(s): Source Separated Recyclable Materials, Yard Waste, Food Waste, Source Separated Organic Materials, C&D Debris, Solid Waste Facility Name: Rainbow Transfer/Recycling
Address: 17121 Nichols Lane HunƟngton Beach CA, 92647 Operator: Republic Services
SWIS Number: SWIS 30-AB-0099
Facility Type: Materials Recovery Facility and TS
Material Type(s): Source Separated Recyclable Materials, Yard Waste, Food Waste, Source Separated Organic Materials, C&D, Solid Waste Approved Organic Materials
Processing Facility(ies)
Facility Name: Recology Blossom Valley Organics
Address: 6061 N Wheeler Ridge Rd. Lamont, CA 93242
Operator: Recology
SWIS Number: SWIS 15-AA-0307
Facility Type: ComposƟng
Material Type(s): Organics
(If Applicable) Transfer Facility: CVT or Rainbow
Facility Name: Republic Services Copper Mountain Landfill Address: 34853 East County 12th Street, Wellton, AZ 85356 Operator: Republic Services
SWIS Number: None
Facility Type: Landfill
Material Type(s): Organics
(If Applicable) Transfer Facility: CVT or Rainbow
Facility Name: Rialto BioEnergy Facility,
Address: 503 East Santa Ana Avenue Rialto, CA 92376
EXHIBIT L:
FACILITIES LIST
Live Edits Page L-3 Franchise Agreement, Exhibit L
3024958.2
Approved or
Designated
Facility Type
Required Facility InformaƟon
Operator: Anaergia Services
SWIS Number: SWIS 36-AA-0446 503
Facility Type: Large Volume In-Vessel DigesƟon Facility Material Type(s): Source Separated Organic Materials
(If Applicable) Transfer Facility: CVT or Rainbow
Approved Recyclable
Materials Processing Facility
Facility Name: CVT Regional Material Recovery and TS
Address: 1131 N. Blue Gum St. Anaheim, CA 92806
Operator: Republic Services
SWIS Number: SWIS 30-AB-0335
Facility Type: Materials Recovery Facility and TS
Material Type(s): Source Separated Recyclable Materials, Yard Waste, Food Waste, Source Separated Organic Materials, C&D Debris, Solid Waste Facility Name: Rainbow Transfer/Recycling
Address: 17121 Nichols Lane HunƟngton Beach CA, 92647 Operator: Republic Services
SWIS Number: SWIS 30-AB-0099
Facility Type: Materials Recovery Facility and Transfer StaƟon Material Type(s): Source Separated Recyclable Materials, Yard Waste, Food Waste, Source Separated Organic Materials, C&D Debris, Solid Waste Facility Name: Waste Management of Orange
Address: 2050 Glassell Street Orange, CA 92865
Operator: USA Waste of California, Inc
SWIS Number: 30-AB-0363
Facility Type: Transfer/ Processing
Material Type(s): Source Separated Recyclable Materials (If Applicable) Transfer Facility: CVT or Rainbow
3024958.2
This page intenƟonally leŌ blank
3024958.2
EXHIBIT M:
DOCUMENTATION OF RESIDENTIAL ORGANICS COST PER TON
3024958.2
This page intenƟonally leŌ blank
EXHIBIT M:
DOCUMENTATION OF RESIDENTIAL ORGANICS COST PER TON
Live Edits Page M-1 Franchise Agreement, Exhibit M
3024958.2
Exhibit based on residenƟal organic materials final negoƟated cost per ton provided by Contractor.
Approved Facility
from Exhibit L
CVT Cost
(Pre-processing
and/or Transfer)
Transportation
Cost/Ton Tip Fee/ton Cost/ton
Recology $39.02 $52.06 $45.91 $136.98
This page intenƟonally leŌ blank
3024958.2
EXHIBIT N:
CUSTOMER CREDIT FOR MISSED PICK-UPS DURING A WORK
STOPPAGE
3024958.2
This page intenƟonally leŌ blank
EXHIBIT N:
CUSTOMER CREDIT FOR MISSED PICK-UPS DURING A WORK
STOPAPGE
Live Edits Page N-1 Franchise Agreement, Exhibit N
3024958.2
1. City Billed Customers
A. General. Contractor shall follow the following calculation procedures for issuing residential customers a credit on the monthly invoice to City for the number of collections missed during the work stoppage that were not recovered within two days of their schedule service day. City retains the franchise fee; therefore, the credit for the franchise fee and City maintenance fee would need to be issued back to the customers by City on their next billing cycle by City.
B. Contractor will calculate and process a credit on their next invoice to the City for all residential customers during the dispute period of a work stoppage as follows:
1. Credit calculation – the credit will be based on the following factors (a) Customer monthly rate for collection services only
(b) Weeks per month
(c) Number of collections missed during the work stoppage
2. Example calculation based on July 1, 2022 rate:
(a) Monthly rate for collection = $15.32 (Sum of trash collection portion, yard waste collection portion, recycling portion, and fuel pricing index) (b) Weeks per month = 4.33
(c) Number of collections missed during the work stoppage = 1 (Example purposes only) Credit = [(a) ÷ (b)] x (c)
Credit = [($15.32) ÷ (4.33)] x (1)
Credit = $3.54 per residential customer missed
2. Contractor Billed Multi-Family and Commercial Customers All mulƟ-family and commercial customers shall be eligible to receive a credit for any missed services during a work stoppage. Contractor shall noƟfy all mulƟ-family and commercial customers via its website currently at “hƩps://www.republicservices.com/municipality/brea-ca” that credits may be made available for agreed upon disrupƟons during the dispute period. Contractor will calculate and offer a credit for each customer who contacts Contractor requesƟng a credit on a case-by-case basis based on the level of disrupƟon of service to each such customer, if any, during the dispute period.
City of Brea
City Council Regular Meeting Communication
A. January 28, 2025 Special Meeting Minutes
Meeting
Tuesday, February 18, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4A.
FROM
Kristin Griffith, Interim City Manager
RECOMMENDATION
Approve.
RESPECTFULLY SUBMITTED:
Kristin Griffith, Interim City Manager
Prepared by: Victoria Popescu, Deputy City Clerk
Concurrence: Lillian Harris-Neal, City Clerk
Attachments
01-28-2025 - Draft Minutes.pdf
** The following document is a draft of the minutes and the not the official approved minutes **
Minutes for the City Council Special Meeting
695 Madison Way, Brea, CA 92821
January 28, 2025
Roll Call: (The following members were in attendance)
Blair Stewart, Mayor
Cecilia Hupp, Mayor Pro Tem
Christine Marick, Council Member
Marty Simonoff, Council Member
Steve Vargas, Council Member
1. ROLL CALL/PUBLIC COMMENTS
1A. Call to Order/Roll CallThe meeting was called to order at 9:16 a.m., all members were present. 1B. Matters from the AudienceFred Reid suggested the City Council prioritize sustainability and energy efficiency.
Dennis Arp spoke about sustainability and innovation in the community and showed appreciation for the charging stations being installed as part of the Arovista Modernization Project.
Susan Pearlson spoke about challenges obtaining HUD vouchers; Regional Housing Needs Allocation numbers; and sustainable and affordable housing options.
Gina Stantos spoke about the wide variety of restaurants in the City of Brea and asked the Council to consider attracting more plant-based dining options in the City. She also encouraged restaurants to participate in Surfrider Foundation Ocean Friendly Restaurants program.
Denise Eby inquired about preemptive measures the City is taking in fire zones. She also spoke requested the Council consider adopting a preemptive Ordinance restricting Community Facilities District (CFD) assessments on affordable housing units.
2. DISCUSSION ITEM
2A. Council-Executive Staff WorkshopInterim City Manager Griffith introduced the item and presented the schedule for the workshop.
Chief Hawley introduced the Police Department update and spoke about the Integrated Crime Center (ICC).
Lieutenant Harvey provided a presentation and spoke about the initial vision for the ICC and what has already been implemented. He spoke about the video management software, license plate readers, Unmanned Aircraft System (UAS) and Drone as First Responder (DFR) program, analyst software, citywide camera system, portable cameras, staffing, space planning, future growth and integrations.
ICC Crime Analyst Martinez spoke about her experience, daily processes and workflow.
Council discussed video storage timeline; number of workstations in the ICC and space plan; partnerships with camera feed integrations; flock camera systems; and building partnerships with homeowner's association.
Chief Hawley spoke about the recent passage of the City's e-bike ordinance, plans to implement a marketing and education campaign and State Vehicle Code authority regarding e-bikes on sidewalks.
Public Works Director Ho provided an update on the City's fleet vehicles, State mandates regarding electric and alternative fuel sourcing and noted that as of today, the City is in full compliance with current regulations. He noted staff has met with Edison to discuss how to electrify the City's fleet and have been monitoring how other agencies are handling fleet mandates.
Council spoke about the potential to explore hybrid vehicles.
City Engineer Chapman provided an overview on the Pavement Management Plan; Measure M2 Eligibility Package; the City's Pavement Condition Index; recommended rehabilitation measures and anticipated cost for improvements; and spoke about other improvement projects.
Council discussed the street conditions and schedule for repaving in the City.
Interim Assistant City Manager/Community Development Director Killebrew introduced the discussion related to the status of the Fiscal Year 2024-25 City Council Priorities list.
Council discussed the status of the Arovista Park Modernization Project and requested staff explore security enhancements to the skate park enclosures.
Public Works Director Ho indicated that the project contractors are aware that the City desires to open the skate park as soon as possible.
Interim Assistant City Manager/Community Development Director Killebrew spoke about the Cultural Arts Master Plan, Senior Center, and Tracks at Brea Western Extension.
Council discussed Senior Center transportation options and the Tracks at Brea re-zoning.
Interim Assistant City Manager/Community Development Director Killebrew led the discussion on Fiscal Year 2025-27 City Council priorities.
Interim City Manager Griffith spoke about different options available to manage paying down unfunded pension liability and managing OPEB.
Council expressed interest in seeing a payment history to CalPERS.
Interim Assistant City Manager/Community Development Director Killebrew spoke about efforts to manage and reduce homelessness in Brea; about the City's anti-camping Ordinance; and provided an update on the permanent supportive housing project.
Police Chief Hawley provided an update on the City's progress on street exits and spoke about the HOPE Center.
Public Works Director Ho discussed the County's Wise Agreement and noted that the City will be working with other agencies hosting landfills to negotiate the best deal.
Interim Assistant City Manager/Community Development Director Killebrew spoke about the focused General Plan Update, noting staff has instituted an internal review policy for conditioned adaptive controls through the Birch corridor.
Fire Chief Terrill spoke about the recently implemented ambulance program and noted that the Department will be monitoring data in the next three to six months to evaluate and explore the potential of removing the surge component of existing contracts and explore the possibility of staff to providing in-house surge components to enhance EMS delivery.
Council discussed wall time metrics; process for offloading patients; the possibility for extra gurneys; and workers compensation costs.
Interim Assistant City Manager/Community Development Director Killebrew indicated that staff will bring back metrics to Council for evaluation. He also spoke about continuing efforts in improving employee relations, retention and attraction.
Chief Hawley spoke about ongoing development opportunities for Police Department staff and the Department's holistic wellness program.
Community Services Director Hernandez spoke about Community Services suggested topics for discussion and future consideration, including continuing community engagement and opportunities to implement findings from various Department studies and assessments. She also spoke about addressing the needs of the City's growing senior population; continuing to develop the Tracks at Brea; supporting efforts to reduce homelessness; and developing strategies for the second phase of the Arovista Park Modernization project.
Fire Chief Terrill spoke about Fire Department suggested topics for discussion and future consideration, including evaluating ambulance fleet. He also spoke about the Department's public education and outreach in the City's high severity zones.
Council discussed home hardening and further educating the community on proactive fire prevention measures.
Interim Assistant City Manager/Community Development Director Killebrew spoke about Community Development topics for future considerations, the City's forward strategies on business attracting and the potential annexation of the sphere of influence (SOI) in order to have more control over issues related to topics such as wildland interface, land use and road widening.
Council discussed the portion of SOI which is under annexation consideration and the cost associated to purchase and maintain of the land.
The City Council recessed at 11:30 a.m.
The City Council reconvened at 11:44 a.m.
Fire Chief Terrill provided an update on fire hazard vegetation management; and spoke about the costs and timelines associated with various management and detection programs. He also spoke about upcoming ordinances related to updated fire mapping zones, the brush clearance program and grant opportunities for hazardous vegetation mitigation.
In regards improving employee relations, retention, attraction and investment, Council discussed the City's flexible work schedule, counter hours, service levels and building hardening.
Community Services Director Hernandez provided an update on Community Services and spoke about the City's Senior Center case management program and wellness checks.
Deputy Director of Community Services Matlock spoke about an evaluation staff completed related to potentially providing year-round aquatic services. He spoke about cost-recovery levels, staffing challenges, and costs associated with maintaining the pool.
Interim Assistant City Manager/Community Development Director Killebrew facilitated a discussion related to street vending, spoke about process for enforcement and limitations due to provisions in State law. He provided several suggestions to the Council to address the issue of street vending.
Staff and Council discussed challenges with current legislation related to enforcement, strength of the current Ordinance, maximum penalties, what other cities are doing to mitigate the issue, signage to deter individuals from purchasing from street vendors, and public education.
Interim Assistant City Manager/Community Development Director Killebrew and Fire Chief Terrill provided an update on Heli-hydrants and the Brea 265 project.
Budget Manager Brenner provided an overview of the Fiscal Year 23-25 General Fund action items, projections and assumptions. She also spoke about sales tax activity; salary and CalPERS numbers; short term and temporary considerations; baseline General Fund numbers; budget savings assignments; and revenue enhancement considerations.
Mayor Stewart left the meeting at 12:43 p.m.
Council discussed short-term rentals; transient occupancy tax (TOT); Brea Mall message board signage; tenant options at the Civic Center; outreach to the film industry; cannabis manufacturing; oil operators; fiber optic lease options; cell tower leases; evaluating the City's support of the Eagle Hills holiday lights; and opposition to AQMD Rule 1111 and 1121.
3. ADJOURNMENT
3A. Meeting AdjournmentMayor Pro Tem Hupp adjourned the meeting at 1:24 p.m.
City of Brea
City Council Regular Meeting Communication
B. February 4, 2025 Special Meeting Minutes
Meeting
Tuesday, February 18, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4B.
FROM
Kristin Griffith, Interim City Manager
RECOMMENDATION
Approve.
RESPECTFULLY SUBMITTED:
Kristin Griffith, Interim City Manager
Prepared by: Victoria Popescu, Deputy City Clerk
Concurrence: Lillian Harris-Neal, City Clerk
Attachments
2-04-2025 - Draft Mintues_Special Meeting.pdf
** The following document is a draft of the minutes and the not the official approved minutes **
Minutes for the City Council Special Meeting
1 Civic Center Circle, Brea, CA 92821
February 4, 2025
Roll Call: (The following members were in attendance)
Blair Stewart, Mayor
Cecilia Hupp, Mayor Pro Tem
Christine Marick, Council Member
Marty Simonoff, Council Member
Steve Vargas, Council Member
1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:00 P.M. 1A. Call to Order/Roll CallMayor Stewart called the Special Closed Session meeting to order at 6:00 p.m. All members were present.
1B. Public CommentNone.
1C. Public Employee Appointment Pursuant to Government Code Section 54957(b). Title: City Manager1D. AdjournmentMayor Stewart adjourned the meeting at 6:20 p.m.
City of Brea
City Council Regular Meeting Communication
C. February 4, 2025 Regular Meeting Minutes
Meeting
Tuesday, February 18, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4C.
FROM
Kristin Griffith, Interim City Manager
RECOMMENDATION
Approve.
RESPECTFULLY SUBMITTED:
Kristin Griffith, Interim City Manager
Prepared by: Victoria Popescu, Deputy City Clerk
Concurrence: Lillian Harris-Neal, City Clerk
Attachments
2-04-2025 - Draft Mintues_Special Meeting.pdf
** The following document is a draft of the minutes and the not the official approved minutes ** Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
February 4, 2025
Roll Call: (The following members were in attendance)
Blair Stewart, Mayor
Cecilia Hupp, Mayor Pro Tem
Christine Marick, Council Member
Marty Simonoff, Council Member
Steve Vargas, Council Member
1. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:30 P.M. 1A. Call to Order/Roll CallMayor Stewart called the Study Session to order at 6:30 p.m. All members were present. 1B. Public CommentNone.
1C. Clarify Regular Meeting Topics -
Council Member Vargas requested that Item 4F, Approve a Contract with Baker Tilly to Develop a New Five-Year Strategic Plan for the Police Department, be postponed to a later date. 1D. 2024 Legislative RecapCommunications and Marketing Manager Pharis provided a brief background on the item and introduced the City's legislative advocates, Townsend Public Affairs, Inc.
Carly Shelby, Senior Associate, Townsend Public Affairs, Inc., provided a presentation and spoke about legislative trends, provided a recap of the 2024 key state issues, 2025 legislative session key dynamics, the Governor's January budget proposal, special session budget items, looking ahead to key issues for 2025, 2025 key federal issues, and advocacy program.
Council discussed the Safe Routes to School program; challenges in the current vehicle code regulations with regards to e-bikes; street vending regulations; and grant opportunities for home hardening for Brea residents. 1E. Council Member Reports/RequestsNone.
1F. Study Session AdjournmentMayor Stewart adjourned the Study Session at 6:51 p.m.
2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 2A. Call to Order/Roll Call
Mayor Stewart called the General Session to order at 7:02 p.m. All members were present. 2B. Pledge of Allegiance: Boy Scout Troop 707-
Boy Scout Troop 707 led the Pledge of Allegiance.
2C. Invocation: Pastor Doug Green, North Hills Church
Pastor Doug Green, North Hills Church, led the Invocation. 2D. Presentation: Visiting Student Delegation from Brea Friendship City - Namyangju, Gyeonggi-do Republic of Korea
Mayor Stewart presented commendations to the delegation from the City's Friendship City of Namyangju, Gyeonggi-do Republic of Korea.
Community Services Supervisor Steyerman spoke about the Friendship City exchanged and thanked the Brea host families for making stays possible for the delegation. She also thanked the Brea Korea Sister City Organization for their partnership.
Nam Moon Woo, Namyangju delegate, thanked the City Council for welcoming the delegation and for their hospitality.
He delivered a message from the Mayor of Namyangju city and sent his condolences to the victims impacted by the recent California fires. He also presented the City Council Members with gifts. 2E. Presentation: Brea Olinda High School Football
Mayor Stewart presented Brea Olinda High School Football Coach Justin Villaseñor a Commendation in honor of the team's undefeated record in the 2024 season.
Coach Justin Villaseñor thanked the City Council for the recognition.
Mayor Stewart presented the Brea Olinda High School Football Seniors with Certificates of Recognition. 2F. Presentation: Outgoing Committee Members/Commissioners Mayor Stewart presented outgoing Planning Commissioner Joseph Covey with a Commendation honoring his service to the Brea Community.
Joseph Covey thanked the City Council for their support.
Mayor Stewart presented outgoing Traffic Committee Member Fahad Jamil with a Commendation honoring his service to the Brea Community.
2G. Report - Prior Study Session
Interim City Manager Griffith provided a report on the prior Study Session. 2H. Community Announcements
Council Member Vargas announced that the City of Brea’s Housing Rehabilitation Program manages federal funds, allocated through the County of Orange, to help Brea families finance home repairs and that Brea homeowners can receive assistance to finance their home’s repairs, such as roof leaks, cracks, termite damage, plumbing leaks, water damage, or electrical problems. He noted that program funds are based on availability and applicants must meet income and other general criteria, and directed interested residents to the City website for more information.
Mayor Pro Tem Hupp announced, Go. Serve. Brea. a community-wide service day, which will take place on Saturday, April 26. She noted that the event will be modeled after, and will replace, Love Brea; and that volunteers will work on a variety of city-wide service projects to show their love for Brea. She also announced that Go. Serve. Brea. is seeking donations to help cover the cost of supplies and equipment needed for the event and directed the community to the City website for more information.
Council Member Marick announced that Engage Brea, Understanding Your City will be offered again this spring. She explained that the eight-week community engagement program provides an overview of Brea’s local government operations, departments, and external agencies that partner with our community. It’s also an opportunity for residents to have one-on-one experiences with City staff and local elected officials. She added that the program is ideal for those interested in further engaging with their local government and learning about how City government is organized and managed; and directed interest members of the public to visit the City's website to submit an application.
Council Member Simonoff spoke about the Brea Community Emergency Response Team (CERT) and announced that the next series of classes will take place on Tuesday and Thursday evenings, starting February 25 through March 15. He noted that the CERT program trains basic disaster response skills such as fire safety, light search and rescue, disaster psychology, and disaster medical operations and that training is provided to Brea residents free of charge, but indicated that pre-registration is required.
2I. Matters from the Audience
None.
2J. Response to Public InquiriesNone.
3. PUBLIC HEARING
3A. Public Hearing to Consider Solid Waste and Recycling Service Rate Adjustments in Conformance with Senate Bill 1383, and Approve a Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal) in Conformance with Senate Bill 1383, and Approve a CEQA Exemption.
Council Member Simonoff recused himself from the discussion and left the dais.
Senior Management Analyst Cuevas provided a presentation on the item and provided a background on SB 1383 and proposed restated agreement rates He also spoke about additional revisions on proposed restated agreement terms, including liquidated damages, proposed solid waste rates, Proposition 218 hearing, proposed solid waste rates, and revenue requirements.
Mayor Stewart opened the public hearing. Seeing no member of the public wishing to address the Council, Mayor Stewart closed the public hearing.
Council discussed the proposed higher index for commercial services; allocation of commercial organic loads coming out of the City of Brea; the proposed change from the Garbage Trash Collection Index (GTCI) to Water, Sewer and Trash Index (WSTI); the process for collection and processing of organic materials; and requested clarification on which materials can go in each bin type.
In response to Council questions, Mitch Kopczyk, General Manager, Republic Services, clarified pickup method for reporting accuracy. He also clarified what types of materials should go into each of the various bins.
Mayor Stewart requested further clarification on the reason for the shift to the WST Index.
Mitch Kopczyk, General Manager, Republic Services indicated that the County's new WISE Agreement is proposing to use the WST Index. He also explained the alternatives for the rate adjustment index for commercial services.
Council also discussed other potential opportunities to utilize future processing organic waste processing facilities.
David Hamblin, Area Vice President, Republic Services, introduced himself to the City Council.
Council discussed the City's compliance with SB 1383 and potential consequences, Cal Recycle's time tables, Prop 218 compliance, and the potential to further evaluate proposed changes to the agreement and bring back to the next regular City Council meeting.
Mayor Pro Tem Hupp requested City Attorney Boga review the prosed changes.
Motion was made by Council Member Vargas and seconded by Mayor Pro Tem Hupp to continue this item to the next Regular City Council Meeting on February 18, for final consideration. Motion Passed 4-0-1-0, with Council Member Simonoff recused.
4. CONSENT CALENDAR
Council Member Simonoff returned to the daias at 8:20 p.m.
Mayor Stewart removed item 4F, Approve a Contract with Baker Tilly to Develop a New Five-Year Strategic Plan for the Police Department, from the Consent Calendar for consideration at a later date.
Motion was made by Mayor Pro Tem Hupp and seconded by Council Member Simonoff to approve items 4A - 4E and 4G - 4I. Motion passed 5-0-0-0.
4A. January 14, 2025 Special City Council Meeting Minutes The City Council approved the January 14, 2025 Special City Council Meeting Minutes as written. 4B. January 21, 2025 Regular City Council Meeting Minutes The City Council approved the January 28, 2025 Regular City Council Meeting Minutes as written. 4C. 2025 Brea Legislative Platform
The City Council adopted the 2025 City of Brea Legislative Platform to coincide with the current legislative session. 4D. Camping / Property Storage Ordinance
The City Council waived further reading of and adopted, Ordinance No. 1253, "An Ordinance of the City Council of the City of Brea amending the Brea City Code to Update Camping and Property Storage Regulations and Approving a CEQA Exemption Determination".
4E. Add an At-Large Member Appointed by City Council to and Remove One Staff Member from the Investment Advisory Committee
The City Council approved Resolution No. 2025-012 amending Resolution No. 2018-011 to add an at-large member appointed by City Council to and remove One Staff Member from the Investment Advisory Committee; and directed staff to update the City's Statement of Investment Policy regarding the composition of the Investment Advisory Committee at the next annual review.
4F. Approve a Contract with Baker Tilly to Develop a New Five-Year Strategic Plan for the Police Department The City Council removed this item for discussion at a later date. 4G. Acceptance of Public Improvements, Final Parcel Map No. 2021-140, and Landscape Maintenance Agreement for the site located at 285 North Berry Street & 711 West Imperial Highway The City Council accepted Public Improvements associated with the site located at 285 North Berry Street & 711 West Imperial Highway; accepted Final Parcel Map No. 2021-140; accepted Subdivision Bond for the Setting of Final Monuments and authorize City Clerk to release the Subdivision Bond upon further notification from the Public Works Department; approved the Landscape Maintenance Agreement with Caltrans for improvements located within the State highway right-of-way of Imperial Highway State Route 90 (SR-90); and authorized the Mayor to execute the Landscape Maintenance Agreement with Caltrans and authorize the City Manager to execute any non-monetary amendments and ancillary documents subsequently required for implementation of the Landscape Maintenance Agreement. 4H. Cooperative Agreement with City of Santa Ana, Placentia, Anaheim, and Orange for the Kraemer Boulevard/Glassell Street/Grand Avenue Corridor Regional Traffic Signal Synchronization Program The City Council approved a Cooperative Agreement with the Cities of Santa Ana, Placentia, Anaheim, and Orange for the Kraemer Boulevard Corridor Project Regional Traffic Signal Synchronization Program (RTSSP); and authorized the City Manager to execute the Cooperative Agreement and any non-monetary contract amendments and ancillary documents subsequently required to implement the Cooperative agreement. 4I. December Outgoing Payment Log and City Disbursement Registers for January 10, 17 and 24, 2025.
The City Council received and filed the December Outgoing Payment Log and City Disbursement Registers for January 10, 17 and 24, 2025.
5. CITY/SUCCESSOR AGENCY - CONSENT
Motion was made by Council Member Simonoff and seconded by Council Member Vargas to approve Item 5A. Motion passed 5-0-0-0.
5A. Successor Agency Disbursement Register for January 24, 2025.
The City Council received and filed the Successor Agency Disbursement Register for January 24, 2025.
6. ADMINISTRATIVE ANNOUNCEMENTS
6A. City Manager
None.
6B. City Attorney
None.
6C. Council Requests
None.
7. COUNCIL ANNOUNCEMENTS
7A. Council Announcements
Council Member Vargas thanked City staff for their tour of the Tracks.
Mayor Stewart spoke about South Coast AQMD proposed amended Rules 1111 and 1121, and expressed concerns with the costly implications and the lack of outreach and education.
8. ADJOURNMENT
8A. Meeting AdjournmentMayor Stewart adjourned the General Session at 8:27 p.m.
City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended January 31, 2025 Meeting
Tuesday, February 18, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4D.
TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, Interim City Manager
RECOMMENDATION
Receive and file.
BACKGROUND/DISCUSSION
The Monthly Report of Investments is prepared in accordance with Government Code Sections (GCS) 41004 and 53607 and contains information on the City's investment activities for the month of January. Cash for day-to-day activities is deposited in the demand and interest-bearing checking accounts. The Local Agency Investment Fund (LAIF) is used for short-term investments and functions like a savings account. In addition, on June 6, 2023, with the recommendation of the Investment Advisory Committee, the City Council authorized the use of Treasury Bills and other short-term investments (City Liquidity account) as a LAIF alternative. The City’s investment portfolio is for long-term investments and is managed through Chandler Asset Management (Chandler). Together, the short and long-term investment accounts represent the City’s investment portfolio.
Attachment A includes an Investment Information Summary and Monthly Account Statement prepared by Chandler. The book value represents the cost of investments, plus or minus amortization/accretion. As of January 31, 2025, the total market value of the managed investment portfolio, including accrued interest, was $94,490,367 as compared to $93,990,176 at December 31, 2024. The weighted average investment yield for January 31, 2025 was 3.48%, which was slightly higher than the prior month. The City’s Local Agency Investment Fund (LAIF) had a total market value, including accrued interest of $17,469,965 at January 31, 2025. Also, the balance of the City's Liquidity account at January 31, 2025 was $720,283, which brings the total value of the City’s investment portfolio as of January 31, 2025 to $112,680,615 as compared to the balance of $107,117,104 at December 31, 2024.
The City has restricted cash and investments held in the post-employment benefits trust accounts for both Pension and Other Post Employment Benefits (OPEB) administered by PARS (PARS accounts), which are managed by PFM Asset Management (PFM) and the City's various bond reserve accounts which are managed by Chandler. Attachment A includes monthly statements from US Bank for the PARS accounts, as well as a portfolio report from Chandler for each bond reserve account that is invested. As of January 31, 2025, the market value of the PARS pension account, including short-term cash and accrued interest was $12,471,847 as compared to $12,233,611 from the prior month. The OPEB account had a market value of $450,078 as compared to $442,130 from the prior month. All other restricted cash investments (bond reserve accounts), including short-term cash and accrued interest, was $706,498 in comparison to $1,317,121 from the prior month.
Pursuant to the City's investment policy, with the exception of LAIF, direct time certificates of deposit and money market mutual funds, all City investments are held by third-party custodians. The Bank of New York Mellon Trust Company, N.A. (BNY) holds accounts managed by Chandler and US Bank holds the PARS accounts managed by PFM, which acts as an agent of the City. All securities are held in the name of the City of Brea. The City of Brea has sufficient cash flow to meet its expected expenditures for the next six months.
Attachments
Attachment A - City January 2025.pdf
FISCAL IMPACT/SUMMARY
During the month of January, the overall City portfolio increased by $5,563,511. This significant increase was the result of the receipt of property tax revenues and an increase of $500,192 in the portfolio due to favorable market rate conditions.
The City's PARS accounts also increased by $238,236 and $7,948 due to favorable market rate conditions. The bond reserve accounts decreased by $610,623 due to payments sent to the bondholders on January 1, 2025 for the 2019 and 2020 Water Bonds.
RESPECTFULLY SUBMITTED:
Kristin Griffith, Interim City Manager
Prepared by: Faith Madrazo, Financial Services Manager, Revenue Concurrence: Monica Lo, Deputy Director of Administrative Services City of Brea
Cash and Investment Information
Book Market
Value Value*
Demand and Interest-Bearing Checking Accounts Citizen's Bank $ 5,522,354.64 $ 5,522,354.64 Local Agency Investment Fund LAIF $ 17,411,201.26 $ 17,469,965.16 Managed Investment Portfolio - CHANDLER Chandler/BNY $ 95,075,462.78 $ 94,490,367.39 Liquidity Account - CHANDLER Chandler/BNY $ 720,282.94 $ 720,282.94 PARS Post-Employment Benefits Trust - Pension** PFM/US Bank $ 11,982,409.27 $ 12,471,847.48 PARS Post-Employment Benefits Trust - OPEB** PFM/US Bank $ 45,714.19 $ 450,078.20 Fiscal Agent Cash & Investments**
2017 Brea Plaza Public Improvements CFD Bonds (CFD 2008-2) Chandler/BNY $ 705,113.68 $ 699,525.48 2019 Olinda Ranch Public Improvements CFD Bonds (CFD 1997-1) Chandler/BNY $ 342.22 $ 342.22 2019 Water Revenue Bonds Chandler/BNY $ 3,937.56 $ 3,937.56 2020 Water Revenue Refunding Bonds Chandler/BNY $ 1,541.30 $ 1,541.30 2021 Lease Revenue Refunding Bonds Chandler/BNY $ 1,151.60 $ 1,151.60 Sub-total - Fiscal Agent Cash & Investments $ 712,086.36 $ 706,498.16 Report Grand Total $ 131,469,511.44 $ 131,831,393.97
* Includes accrued interest on invested funds
** Reserve Fund
January 31, 2025
ATTACHMENT A
City of Brea
Cash and Investment Information
Fiscal Agent Cash & Investments Detail
10600 2017 Brea Plaza Public Improvements CFD Bonds (CFD 2008-2) - CHANDLER $ 694,224.07 $ 688,635.87 Short-Term Treasury Funds - BNY $ 10,889.61 $ 10,889.61 Sub-total $ 705,113.68 $ 699,525.48
2019 Olinda Ranch Public Improvements Bonds (CFD 1997-1) - CHANDLER $ - $ - Short-Term Treasury Funds - BNY $ 342.22 $ 342.22
Sub-total $ 342.22 $ 342.22
2019 Water Revenue Bonds - CHANDLER $ - $ -
Short-Term Treasury Funds - BNY $ 3,937.56 $ 3,937.56
Sub-total $ 3,937.56 $ 3,937.56
2020 Water Revenue Refunding Bonds - CHANDLER $ - $ -
Short-Term Treasury Funds - BNY $ 1,541.30 $ 1,541.30
Sub-total $ 1,541.30 $ 1,541.30
2021 Lease Revenue Refunding Bonds - CHANDLER $ - $ -
Short-Term Treasury Funds - BNY $ 1,151.60 $ 1,151.60
Sub-total $ 1,151.60 $ 1,151.60
Report Grand Total $ 712,086.36 $ 706,498.16
Book
Value
Market
Value
January 31, 2025
ATTACHMENT A Page 2 of 171
MONTHLY ACCOUNT STATEMENT
City of Brea LAIF | Account #10164 | As of January 31, 2025 CHANDLER ASSET MANAGEMENT | chandlerasset.com
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.
Chandler Team:
For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian:
ATTACHMENT A
City of Brea LAIF | Account #10164 | As of January 31, 2025 Execution Time: 02/05/2025 06:52:38 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Performance Review
Account Summary
Maturity Distribution
Top Issuers
Credit Quality (S&P)
Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS Since Inception (03/01/12)
City of Brea LAIF 0.38% 1.13% 0.38% 4.70% 4.13% 3.19% 2.19% 1.74% 1.41% Average Modified Duration 0.00
Average Coupon 4.34%
Average Purchase YTM 4.34%
Average Market YTM 4.34%
Average Quality* AAA
Average Final Maturity 0.00
Average Life 0.00
End Values as of
12/31/2024
End Values as of
01/31/2025
Market Value 12,409,091.20 17,469,965.16
Accrued Interest 0.00 0.00
Total Market Value 12,409,091.20 17,469,965.16
Income Earned 0.00 98,865.96
Cont/WD 3,000,000.00 4,971,050.51
Par 12,409,091.20 17,469,965.16
Book Value 12,409,091.20 17,469,965.16
Cost Value 12,409,091.20 17,469,965.16
LAIF 99.66%
**Periods over 1 year are annualized.
Benchmark: NO BENCHMARK REQUIRED Secondary Benchmark:
*The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch
ATTACHMENT A
City of Brea LAIF | Account #10164 | As of January 31, 2025 Execution Time: 02/05/2025 06:52:38 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(07/01/2024)
Beginning Book Value 12,409,091.20 17,368,188.66
Maturities/Calls 0.00 0.00
Principal Paydowns 0.00 0.00
Purchases 5,069,916.47 18,839,416.46
Sales 0.00 (18,600,000.00)
Change in Cash, Payables, Receivables (9,042.51) (137,639.96) Amortization/Accretion 0.00 0.00
Realized Gain (Loss) 0.00 0.00
Ending Book Value 17,469,965.16 17,469,965.16
Month to Date Fiscal Year to Date
(07/01/2024)
Beginning Market Value 12,409,091.20 17,368,188.66
Maturities/Calls 0.00 0.00
Principal Paydowns 0.00 0.00
Purchases 5,069,916.47 18,839,416.46
Sales 0.00 (18,600,000.00)
Change in Cash, Payables, Receivables (9,042.51) (137,639.96) Amortization/Accretion 0.00 0.00
Change in Net Unrealized Gain (Loss) 0.00 0.00
Realized Gain (Loss) 0.00 0.00
Ending Market Value 17,469,965.16 17,469,965.16
Maturities / Calls
Month to Date 0.00
Fiscal Year to Date 0.00
Principal Paydowns
Month to Date 0.00
Fiscal Year to Date 0.00
Purchases
Month to Date 5,069,916.47
Fiscal Year to Date 18,839,416.46
Sales
Month to Date 0.00
Fiscal Year to Date (18,600,000.00)
Interest Received
Month to Date 98,865.96
Fiscal Year to Date 368,365.95
Purchased / Sold Interest
Month to Date 0.00
Fiscal Year to Date 0.00
ATTACHMENT A
City of Brea LAIF | Account #10164 | As of January 31, 2025 Execution Time: 02/05/2025 06:52:38 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
CASH
CCYUSD Receivable 58,763.90 --
0.00%
58,763.90
58,763.90
1.00 0.00%
58,763.90
0.00 0.34%
0.00 AAA/AAA
AAA
0.00 0.00
Total Cash 58,763.90 0.00%
58,763.90
58,763.90
1.00 0.00%
58,763.90
0.00 0.34%
0.00 AAA/AAA
AAA
0.00 0.00
LAIF
90LAIF$00 Local Agency Investment Fund
State Pool 17,411,201.26 --4.35%
17,411,201.26
17,411,201.26
1.00 4.35%
17,411,201.26
0.00 99.66%
0.00 NA/NA
NA
0.00 0.00
Total LAIF 17,411,201.26 4.35%
17,411,201.26
17,411,201.26
1.00 4.35%
17,411,201.26
0.00 99.66%
0.00 NA/NA
NA
0.00 0.00
Total Portfolio 17,469,965.16 4.34%
17,469,965.16
17,469,965.16
1.00 4.34%
17,469,965.16
0.00 100.00%
0.00 NR/NR
NR
0.00 0.00
Total Market
Value + Accrued 17,469,965.16
ATTACHMENT A
City of Brea LAIF | Account #10164 | As of January 31, 2025 Execution Time: 02/05/2025 06:52:38 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount Interest Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 01/13/2025 90LAIF$00 5,000,000.00 Local Agency Investment Fund State Pool 1.000 4.37% (5,000,000.00) 0.00 (5,000,000.00) 0.00 Purchase 01/15/2025 90LAIF$00 69,916.47 Local Agency Investment Fund State Pool 1.000 4.36% (69,916.47) 0.00 (69,916.47) 0.00 Total Purchase 5,069,916.47 (5,069,916.47) 0.00 (5,069,916.47) 0.00 TOTAL
ACQUISITIONS 5,069,916.47 (5,069,916.47) 0.00 (5,069,916.47) 0.00 OTHER
Cash Transfer 01/13/2025 CCYUSD 5,000,000.00 Cash 0.00% 5,000,000.00 0.00 5,000,000.00 0.00 Cash Transfer 01/15/2025 CCYUSD (28,949.49) Cash 0.00% (28,949.49) 0.00 (28,949.49) 0.00 Total Cash
Transfer 4,971,050.51 4,971,050.51 0.00 4,971,050.51 0.00
TOTAL OTHER
TRANSACTIONS 4,971,050.51 4,971,050.51 0.00 4,971,050.51 0.00
ATTACHMENT A