RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT TO THE FRANCHISE AGREEMENT FOR COLLECTION, DISPOSAL,
AND PROCESSING OF SOLID WASTE, RECYCLABLES, AND COMPOSTABLE MATERIALS AND RELATED ACTIVITIES, INCLUDING A 5 YEAR EXTENSION
WITH RECOLOGY AND THE OMNIBUS AMENDMENT TO WASTE DELIVERY
AGREEMENT AND FRANCHISED HAULER AGREEMENT
WHEREAS, Senate Bill 1383, the Short-lived Climate Pollutant: Organic Waste Methane Emissions Reduction Act of 2016 (SB 1383) required CalRecycle to develop regulations to reduce organics in landfills as a source of methane by 2030; and WHEREAS, SB 1383 generally requires the diversion of food waste from the landfill to reduce future methane emissions; and
WHEREAS, SB 1383 requires operational changes and capital improvements, including where solid waste is hauled, expansion and modification of existing facilities, and new programs such as food waste recovery, education, and enforcement; and WHEREAS, the new regulations required the City to update its municipal code achieve compliance through an amendment to the Franchise Agreement between the City and its solid waste hauler, Recology Sonoma Marin (Recology), and memorandum of understanding (MOU) with ZWS; and
WHEREAS, on November 23, 2021, City Council adopted the changes to its municipal code for compliance with SB 1383 and approved the MOU with ZWS; and WEHREAS, the cities of Cotati, Cloverdale, Healdsburg, Rohnert Park, Santa Rosa, and Sebastopol are all party to a Waste Delivery Agreement with Republic (WDA), and a Franchised Hauler Agreement with Republic Services (Republic) and Recology (FHA); and WHEREAS, Republic and Recology are parties to an Agreement for Operations of Sonoma County Transfer Stations and Materials Recovery Facility (Prime Subcontract), pursuant to which Republic subcontracted to Recology certain of Republic’s obligations under the Amended and Restated Agreement for Operation of the Central Landfill and County Transfer Stations (MOA) between the County of Sonoma and Republic; and WHEREAS, historically, Republic Services has been obligated through the Master Operating Agreement (MOA) to provide a Commercial Food Waste program to urban areas, including incorporated areas, as reasonably necessary to meet the diversion goals of the MOA; and WHEREAS, Republic subcontracts with Recology, to deliver these programs, which are delivered only as cost considerations allow; and
WHEREAS, the MOA and the Prime Subcontract do not require Republic or Recology to perform all duties required by SB 1383 (i.e., route reviews, contamination monitoring, etc.); and WHEREAS, the Franchise Agreement expires on June 30, 2023, and Section 3.2 of the Franchise Agreement allows one 5-year extension to June 30, 2028, provided that Recology has meet the performance standards; and
WHEREAS, Recology has meet all of the Franchise Agreement performance standards, except diversion requirements (currently at 47% in Q1 2022), but is proactively working to achieve the required target of 50% diversion; and
WHEREAS, SB 1383 will reduce harmful emissions of short-lived climate pollutants and the action of adopting a franchise agreement amendment and waste delivery agreement amendment to implement SB 1383 does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.
NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Cotati does hereby:
1. Find these recitals to be true and correct.
2. Approve the First Amendment to the Franchise Agreement for Collection, Disposal, and Processing of Solid Waste, Recyclables, and Compostable Materials and Related Activities and the Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler Agreement.
3. Authorize the City Manager to execute the First Amendment to the Franchise Agreement for Collection, Disposal, and Processing of Solid Waste, Recyclables, and Compostable Materials and Related Activities with Recology to implement the provisions of SB 1383 and extend the Franchise Agreement until June 30, 2028 (Attachment 1).
4. Authorize the City Manager to execute the Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler Agreement (Attachment 2).
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the June 28th, 2022, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Attachment 1 - Recology Franchise Agreement Amendment - SB 1383 (DOCX) Attachment 2 - WDA-FHA Amendment (DOCX)