1690885.1
PASSED, APPROVED, AND ADOPTED this 14th day of June, 2022. ____________________________________
DAVE WHEELER, MAYOR
ATTEST:
______________________________________
MELISSA AU-YEUNG, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LAGUNA HILLS )
I, Melissa Au-Yeung, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2022-06-14-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 14th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(SEAL)
_____________________________________
MELISSA AU-YEUNG, CITY CLERK
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1690885.1
EXHIBIT A
Proposed Amendments
to the
Fiscal Year 2021/2022 Operating Budget
for
Business Attraction and Retention Services
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Resolution No. 2022-06-14-X
CITY OF LAGUNA HILLS
PROPOSED BUDGET AMENDMENT TO THE OPERATING BUDGET
For Fiscal Year 2021/2022
Current Proposed Amended
FUND DEPARTMENT Budget Amendment Budget
Description
GENERAL FUND GENERAL GOVERNMENT DEPARTMENT
Business Attraction & Retention Services - 10,000 10,000 Total - 10,000 10,000
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City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Chair and Agency Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Conditional Use Permit (CUP) No. USE-0089-2022, a Request by John Ramirez to Establish a Veterinary Clinic, Rise Pet Care, in an Existing 20,000 Square-Foot Tenant Space Located at 24721 Alicia Parkway, Suite A
RECOMMENDATION: That the Planning Agency: 1) Conduct a public hearing; 2) Find and determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities); and 3) Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, approving Conditional Use Permit (CUP) No. USE-0089-2022, a request by John Ramirez, on behalf of Rise Pet Care, to establish a veterinary clinic in an existing 20,000 square-foot tenant space located at 24721 Alicia Parkway, Suite A, including an exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities).”
SUMMARY:
John Ramirez (“Applicant”) is requesting approval of a Conditional Use Permit (CUP) to establish a veterinary clinic, “Rise Pet Care”, at 24721 Alicia Parkway, Suite A, an existing 20,000 square-foot tenant space within the Honali Plaza shopping center (“Center”). The Center is owned by Warmington Properties, Inc., which has authorized the Applicant to apply for the requested entitlement.
The proposed veterinary clinic will be open Monday through Sunday from
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7:00 a.m. to 8:00 p.m., by appointment only, but will be staffed and operate 24 hours per day to care for overnight patients and provide emergency services by special appointment. The veterinary clinic will provide services to dogs, cats, and small domestic animals for area residents. Veterinary services for animals will include surgery, internal medicine, oncology, cardiology, neurology, dermatology, ophthalmology, dentistry, and emergency care. Between 50 and 80 daily appointments are anticipated, with an average of five to six appointments per hour. The business will staff up to 65 employees who rotate shifts throughout the week, with 20 employees (including five veterinarians) per shift. As conditioned, the proposed facility will be a complementary addition to the businesses offered at Honali Plaza as the Center continues to provide a mix of retail uses and services.
The proposed CUP is consistent with the General Plan’s goals and strategies for the Neighborhood Mixed Use land use designation. Furthermore, the proposed CUP complies with the City of Laguna Hills Development Code. Therefore, Staff recommends approval of Conditional Use Permit (CUP) No. 0089-2022.
BACKGROUND:
Honali Plaza is an approximately 8-acre commercial retail center located on the northwest corner of Alicia Parkway and Hon Avenue. The Center was originally approved and constructed in the 1970s under the County’s jurisdiction (UP79-8P, SP79-5P, VA79-1P). The property maintains coordinated circulation, parking, and landscaping.
On March 22, 2022, the Planning Agency approved Site Development Permit (SDP) No. USE-0027-2020 and Joint Parking Use Permit (PUP) No. USE-0084-2022 to allow architectural and site upgrades, and a shared parking agreement for Honali Plaza. The architectural and site upgrades included a comprehensive building façade update, new outdoor courtyard, and updated landscaping. The approved Joint Parking Use Permit accounted for the veterinary clinic now proposed.
The Center includes six multi-tenant buildings and a Wendy’s drive-thru restaurant pad on a separate parcel, with a combined total of approximately 72,202 square feet of retail space divided between 27 tenant spaces. The uses in the Center currently consist of a mix of retail, restaurants, and services uses. An approximately 27,320 square foot ‘Major Tenant’ space (Building A), formerly the location of Performance Bicycle, is currently vacant. The building consists of Suite A, the proposed veterinary clinic, which is 20,000 square feet and Suite B, currently vacant, which is 7,320 square feet. No changes are proposed to the front façade, with separate entrances existing for both
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Suite A and Suite B.
PROPOSAL & ANALYSIS:
The Applicant is requesting approval of a CUP to establish a veterinary clinic in Suite A of Building A. According to the Applicant’s Letter of Justification (Attachment B), the proposed facility will operate seven days a week, and provide veterinary services to dogs, cats, and small domestic animals. The facility will have a total staff of up to 65 employees with 20 employees per shift. The clinic will be open Monday through Sunday, from 7:00 a.m. to 8:00 p.m., by appointment only, but will be staffed and operate 24 hours per day to care for overnight patients and provide emergency services by special appointment. Veterinary services for animals will include surgery, internal medicine, oncology, cardiology, neurology, dermatology, ophthalmology, dentistry, and emergency care. The number of patients per day will range from 50-80 with an average of five to six patients per hour. No boarding services will be offered, with overnight housing services available only to hospitalized animals.
The tenant space will require extensive interior tenant improvements to convert the existing space into a state-of-the-art veterinary clinic. The proposed floor plan (Attachment C), will consist of four offices, an x-ray room, MRI room, CT room, fifteen exam rooms, twelve specialty rooms, six operating rooms, two animal wards, training room, recreation room, pharmacy, welcome/check in area, restrooms, storage room and a break room. The exam rooms, operating rooms, and specialty rooms may be occupied simultaneously, however, the exam rooms typically serve as a queuing area after the patient is checked in and before care is provided.
The proposed exterior modifications include the addition of six non-operable windows and the removal of a rollup door on the rear, north-facing side of the building (Attachment D). The windows will allow natural light into three administrative offices, animal rehab room, and janitor room. The existing block wall and the recently-approved additional landscaping hedge will help to mitigate any light or glare from the windows.
Additionally, Staff has included Condition of Approval No. 25, which will require the windows on the rear of the building to be covered by window shades or blinds at night.
Signage for the proposed use will be issued under a separate building permit and must conform to the approved Master Sign Program for the Honali Plaza.
All business activities of the proposed veterinary clinic will be conducted entirely indoors (Condition of Approval No. 24), in accordance with LHMC Section 9-56.020 regulating Commercial Animal Facilities. Because the business will operate entirely
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indoors, and because exterior doors leading to the clinic shall remain closed except for momentarily for deliveries and similar business operations (Condition of Approval No. 24), no noise impacts on the adjacent business and residences are expected.
Exterior noise sources will primarily originate from vehicles entering and leaving the parking area, or from customers and employees entering and exiting the business.
Other business operations include the need to dispose of animal waste, which will be maintained within the tenant space and disposed through a flushable clinic sink, or bagged and disposed of in the trash. All medical waste will be picked up through a private company service.
Parking Analysis
The Zoning Code identifies the number of parking stalls required for a particular use or type of business based on parking requirements contained in LHMC Table 9-44.A (Number of Parking Stalls Required). The parking requirements for a business are typically calculated by applying the ratio identified by LHMC Table 9-44.A to the gross floor area (GFA) of the use. The tenant space for the proposed veterinary clinic is 20,000 square feet. According to LHMC 9-44.050, the combined square footage for restroom and utility areas are exempt from parking requirements. The proposed floor plan indicates that a total of 561 square feet are for restroom and utility spaces, leaving 19,439 square feet subject to the parking requirements of LHMC Table 9-44.A. The parking requirement for ‘Veterinary Offices’ is one parking stall per 200 square feet of GFA. Therefore, the proposed veterinary clinic has a parking requirement of 97 parking stalls, as shown below in Table 1:
Table 1: Proposed Veterinary Clinic Parking Requirements Total Tenant Square Footage 20,000 SF
Exempted Restroom/ Utility Square Footage 561 SF
Total Vet Clinic Square Footage Subject to Parking
Requirements
19,439 SF
Veterinary Office Parking Ratio 1 Stall/ 200 SF GFA
Parking Requirement 97 Stalls
A Parking Use Permit (PUP No. USE-0084-2022) was approved on March 22, 2022 by the Planning Agency for the Center. As part of the approved Parking Use Permit, a parking
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study was provided, which reflects the current and future tenant mix of uses, including the proposed veterinary clinic. The parking study uses a “blended” analysis of actual parking demand for existing occupancies and a shared parking approach for proposed uses. The Center provides a total of 388 parking spaces for the current tenancy mix and the proposed veterinary clinic, which has been allotted 100 parking spaces. The peak hour of parking demand at the Center, demonstrated that a total of 363 parking stalls were occupied leaving a surplus of 25 parking spaces. Adequate parking is provided on site to accommodate the proposed tenant mix, is provided on site to accommodate the proposed tenant mix, inclusive of the proposed veterinary business.
CONCLUSION:
Staff supports approval of the proposed CUP, as conditioned. The proposed veterinary clinic complies with all requirements of the General Plan, and is consistent with the Land Use Element. Table LU-1 of the General Plan describes the purpose and intent of land uses within the Neighborhood Mixed Use designation to provide for a variety of different compatible land uses to create neighborhood-level centers for area residents.
The veterinary clinic use is compatible with the General Plan’s description of the desired uses, by providing a variety services to the area residents. The proposed veterinary clinic use is permitted with a CUP in the Neighborhood Mixed Use zone and will comply with LHMC Section 9-56.020 regulating Commercial Animal Facilities, and will be conducted entirely inside the tenant space. Conditions of Approval have been added to ensure the proposed veterinary clinic use will comply with the Laguna Hills Noise Ordinance, although no noise issues are anticipated. The proposed CUP complies with all requirements of the LHMC, Neighborhood Mixed Use zoning district, and General Plan.
Therefore, Staff recommends approval of Conditional Use Permit (CUP) No.
USE-0089-2022.
PUBLIC NOTICE:
The proposed Project was advertised in an adjudicated newspaper of general circulation on June 2, 2022. A total of 91 public hearing notices were mailed, which includes all property owners within a 300-foot radius of the subject property, as well as all tenants of the subject property. To date no comments have been received by Staff.
CEQA FINDINGS:
Staff has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and determined that this project is categorically
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exempt from CEQA pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities). This exemption applies to the permitting or minor alteration of existing structures.
ATTACHMENTS:
• Attachment A- Proposed Resolution - Approval of CUP No. USE-0089-2022 • Attachment B- Letter of Justification
• Attachment C- Floor Plan
• Attachment D- Elevation
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1 1687030.1
RESOLUTION NO. PA2022-X
A RESOLUTION OF THE PLANNING AGENCY OF THE CITY
OF LAGUNA HILLS, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT (CUP) NO. USE-0089-2022,
A REQUEST BY JOHN RAMIREZ, ON BEHALF OF RISE
PET CARE, TO ESTABLISH A VETRINARY CLINIC
IN AN EXISTING 20,000 SQUARE-FOOT TENANT
SPACE LOCATED AT 24721 ALICIA PARKWAY,
SUITE A, INCLUDING AN EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PER CEQA GUIDELINES SECTION 15301 OF TITLE 14,
CHAPTER 3 OF THE CALIFORNIA CODE OF
REGULATIONS (CLASS 1, EXISTING FACILITIES)
The Planning Agency of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:
WHEREAS, John Ramirez on behalf of Rise Pet Care (“the Applicant”) has filed an application for Conditional Use Permit (CUP) No. 0089-2022 to establish a veterinary clinic in an existing 20,000 square foot tenant space located at 24721 Alicia Parkway, Suite A in the (NMU) Neighborhood Mixed Use; and WHEREAS, the Project is hereby found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1, Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations. This exemption applies to the permitting or minor alteration of existing structures; and WHEREAS, on June 14, 2022, the Planning Agency held a duly noticed public hearing and considered public comments and written and oral information and testimony presented by City staff, community residents, and other interested parties; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING AGENCY OF THE CITY OF
LAGUNA HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct, and are incorporated herein by reference.
SECTION 2. That the required findings by the City for approval of CUP No. 0089- 2022 have been met and are made as follows:
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Conditional Use Permit
1. The proposed use is consistent with the General Plan.
The proposed use complies with all requirements of the General Plan, and is consistent with the Land Use Element. Table LU-1 of the General Plan describes the purpose and intent of land uses within the Neighborhood Mixed Use designation to provide for a variety of different compatible land uses to create neighborhood-level centers. In addition, typical uses allowed include those uses allowed by the Neighborhood Mixed Use designation which consist of mid-box anchors, specialty stores and personal service needs. The proposed veterinary clinic use is compatible with the General Plan’s description of the desired uses in the NMU zone, which implements the Neighborhood Mixed Use land use designation.
2. The nature, condition, and development of adjacent uses, buildings, and structures have been considered and the proposed conditional use will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures.
The proposed use is located in the Neighborhood Mixed Use (NMU) zoning district, in the eastern portion of Laguna Hills, adjacent to Interstate 5 freeway on the northwest corner of Alicia Parkway and Hon Avenue. The surrounding area consists of Interstate-5 to the north, residential uses to the west, and retail and service uses to the south and east. The uses in the Center consist of a mix of uses including the Jordan Market, restaurants, professional offices and personal services uses. The proposed use is consistent with other service uses at Honali Plaza located along Alicia Parkway and adds to the variety of services available to area residents. The proposed veterinary clinic use will be conducted entirely inside the tenant space ensuring compatibility with adjoining residential uses to the west.
Conditions of Approval No. 23 and 24 have been added to ensure the proposed veterinary clinic use will comply with Laguna Hills Noise Ordinance to protect the adjoining residential use from any unwanted sound intrusions from the use, although none are anticipated.
3. The proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity.
Honali Plaza is an 8-acre site with a total of 72,202 square feet in 6 multitenant buildings and a Wendy’s drive thru. There are 388 parking spaces located at the Center. The Center is also improved with required landscaping around the perimeter and interior areas of the site. The Center is typical of other commercial shopping centers in Laguna Hills in terms of the nature of the improvements provided that result in a functioning commercial property. The existing improvements are sufficient to serve the
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use and ensure it is properly integrated with existing uses in the vicinity through existing shared improvements at the Center such as utilities, parking, landscaping, and pedestrian and vehicular access. The proposed use is a typical service use found in other shopping centers in Laguna Hills does not require unique or unusual site improvements to operate. The use will operate entirely within the confines of an existing vacant tenant space on the Center, and the Applicant will be able to make necessary tenant improvements to the tenant space to operate the use.
4. All required development standards prescribed by the Development Code can be achieved.
The site is typical of other commercial shopping centers in Laguna Hills in terms of the nature of the improvements provided that result in a functioning commercial property. The site is typical of other commercial shopping centers in Laguna Hills in terms of the nature of the improvements provided that result in a functioning commercial property. The existing improvements are sufficient to serve the use consisting of existing shared improvements on the site such as utilities, parking, landscaping, and pedestrian and vehicular access which comply with the City’s development standards, or will comply as conditioned. The proposed veterinary clinic use will be located within an existing building, and tenant upgrades are proposed to serve the use, including accessibility upgrades.
5. That the conditions and limitations placed upon the use are necessary to ensure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.
Conditions have been placed on the proposed veterinary clinic in order to ensure that the use is compatible with adjacent uses. Such conditions include that all business activities shall take place within the tenant space (Condition 24), that boarding of animals is prohibited (Condition 27), and that the property must be kept in a condition that meets property maintenance standards identified in the Laguna Hills Municipal Code (Condition 21).
These conditions help to ensure that the veterinary clinic will not adversely affect adjacent uses due to excess noise, unpleasant smells, or property maintenance issues.
NOW, THEREFORE, based upon the above findings, the Planning Agency of the City of Laguna Hills does hereby approve CUP No. 0089-2022 subject to the following conditions:
General
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1. The following Conditions of Approval shall be binding and enforceable against, and, whenever used herein, the term “Applicant” shall mean and refer to each of the following: John Ramirez on behalf of Rise Pet Care, the owners(s) and tenant(s) of the property, and each of their respective successors and assigns.
2. Unless the context dictates otherwise, whenever the term “this Permit” is used in the following Conditions of Approval, it shall collectively refer to the Conditional Use Permit (CUP) No. 0089-2022, approved pursuant to this Resolution, as well as the plans, studies, and exhibits submitted to the City by the Applicant to describe and depict the improvements to be constructed as a part of the Project, and as otherwise modified by these Conditions of Approval.
3. Unless the context dictates otherwise, whenever the term “Project” is used in the following Conditions of Approval, it shall collectively refer to the plans and exhibits submitted to the City by the Applicant to depict the Project, as modified by these Conditions of Approval, including but not limited to the following:
application form (submitted February 24, 2022), letter of justification (dated March 1, 2022), Site Plan/Floor Plan (dated February 21, 2022) and Shared Parking Study conducted by RK Engineering Group, INC. (dated January 11, 2022).
4. To the fullest extent permitted by law, the Applicant shall, at its sole cost and expense, protect, defend, indemnify, and hold harmless the City, its elected and appointed officers and officials, employees, agents, departments, agencies, authorized volunteers, consultants, attorneys, boards, commissions, and committees, and instrumentalities thereof ("Indemnitees"), from and against any and all claims, liabilities, losses, fines, demands, penalties, lawsuits, writs of mandamus, and any other claims or actions or proceedings of any kind whatsoever (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to, arbitrations, mediations, and other such procedures), judgments, orders and decisions (collectively "Claims" and “Actions”), brought against the Indemnitees, which seek to attack, challenge, modify, set aside, void, or annul any action of or any permit or approval issued by the Indemnitees (including actions approved by the voters of the City) for, in connection with, or concerning the approval of this Permit. It is expressly understood and agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the defense of the Indemnitees for the Claims and Actions, and that the Applicant shall promptly reimburse the City for all costs and expenses directly and necessarily incurred by the City in the course of the defense, including reasonable attorneys' fees. The City shall promptly notify the Applicant of any Claims and Actions brought against the Indemnitees and shall cooperate in the defense of any such Claims and Actions. If the Applicant fails to so defend the Claims and Actions, the City shall have the right but not the obligation to do so and, if it does, the Applicant shall promptly pay the City's full cost thereof.
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5. Approval of this Permit constitutes approval of the proposed Project only to the extent that it complies with the City’s Development Code and any other applicable zoning regulations. Approval does not include any action or findings as to compliance or approval of the Project regarding any other applicable ordinance, regulation, or requirement.
6. Failure to abide by and faithfully comply with any and all conditions of approval shall constitute grounds for revocation of this Permit by the Laguna Hills Planning Agency.
7. The Applicant shall agree in writing to these conditions of approval within 30 days of the Planning Agency’s approval.
8. The conditions of Project approval set forth herein include certain development impact fees and other exactions. Pursuant to Government Code §66020(d), these conditions constitute written notice of the amount of such fees, and/or exactions. The Applicant is hereby notified that the 90-day protest period in which the Applicant may protest the fees, dedications, reservation, or exactions imposed on this Project through the Conditions of Approval, commencing from the date of approval of the Project, has begun.
9. Pursuant to City Council Resolution No. 2017-07-11-2, the Applicant shall reimburse the City for any outstanding staff time spent on the processing of this Permit within 60 days of the Planning Agency’s approval.
10.This Permit shall expire and be of no further force or effect if the Permit is not implemented within two years from June 14, 2022.
11.Within 48 hours from project approval, the Applicant shall submit to the City a check in the amount of $50.00, made payable to the Orange County ClerkRecorder, for filing the Notice of Exemption.
Permitting
12.The Applicant shall be responsible for ensuring applicable building permits are obtained, as required by the 2019 California Building Code, prior to commencement of any work for which a permit is required.
13.All construction shall comply with 2019 California Building, Plumbing, Mechanical, Electrical, Green, and Energy Codes with regard to the applicable occupancy group if applicable. Any work being done will require a full set of plans prepared by a licensed architect/engineer.
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14.At the time of document submittal for permit issuance, the Applicant shall demonstrate compliance with California Disabled Accessibility requirements, as required by Chapter 11 of the California Building Code if applicable.
15.The Applicant shall comply with all general construction water quality requirements, as required by the LHMC 5-36.
16.The Applicant shall submit Construction and Demolition Waste Recycling Program paper work if applicable, prior to issuance of permits, as required by Laguna Hills Municipal Code Chapter 5-48 and to comply with mandates of CalRecycle.
17.All documents required for permit issuance shall be accurately labeled and reflect all work, as required by the 2019 California Building Code.
18.Prior to issuance of building permits, the Applicant shall apply for a Certificate of Use and Occupancy (COUO) for the proposed veterinary clinic, and the Applicant shall obtain the Certificate before conducting operations.
19.The Applicant is advised that the business will need to comply with CalRecycle’s requirements of AB 1826 (Mandatory Commercial Organics Recycling), SB 1383 (Short-Lived Climate Pollutants), and AB 341 (Mandatory Commercial Recycling). The City will begin to enforce requirements no later than January 1, 2022.
Operations
20.Deliveries to the veterinary clinic are prohibited between the hours of 10:00pm and 8:00am. Delivered materials shall be promptly stored entirely within the veterinary clinic tenant space. No equipment or materials shall be permitted to remain outdoors at any time.
21.The veterinary clinic shall be permanently maintained in an orderly fashion by the provision of regular removal of trash and debris, and comply with all property maintenance standards as required by LHMC Chapter 9-74.
22.If at any time in the future the Community Development Director determines there are trash or debris issues, complaints, or problems, including trash overflow, or smells emanating from the trash area, the Applicant shall prepare a trash management plan, to resolve and remedy identified issues, for review and approval by the Community Development Director.
23.All business activities shall comply with the noise standards of the City of Laguna Hills Noise Ordinance (LHMC 5-24) at all times.
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24.All business activities shall be conducted entirely indoors and exterior doors will not be propped open except momentarily for deliveries and similar business operations. No business activities whatsoever shall be permitted to occur outside, including pet walking and pet relief.
25.Between the hours of 9:00PM and 6:00 AM, the windows on the rear of the building shall be covered with window shades or blinds.
26.Animal daycare and pet grooming are prohibited.
27.The boarding of animals overnight is prohibited, unless the animals are patients in need of recuperative care and/or monitoring.
PASSED, APPROVED, AND ADOPTED this June 14, 2022.
________________________________
DAVE WHEELER, CHAIR
ATTEST:
______________________________________
MELISSA AU-YEUNG, CITY CLERK
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1687030.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LAGUNA HILLS )
I, Melissa Au-Yeung, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. PA2022- adopted by the Planning Agency of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
MELISSA AU-YEUNG, CITY CLERK
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A R C H I T E C T U R E P L A N N I N G I N T E R I O R S 2700 West Coast Highway, Suite 200, Newport Beach, California 92663 Tel. 949 ▪ 721 0730 Fax 949 ▪ 721 0767
www.architectsoc.com
04/14/2022
City of Laguna Hills, CA
24035 El Toro Road
Laguna Hills, CA 92653
Project Description in support of CUP Application
Re: Rise Pet Care; Animal Clinic project
24721 Alicia Parkway, Suite A Laguna Hills, California 92653 Rise Pet Care is a unique model for delivering the highest quality specialty veterinary care to our neighborhood community at reasonable prices. The founders are mission-driven industry veterans who realized that there was an opportunity to take the profit earned from the business and use that to provide services for local rescues free of charge. Between the two founders, they have launched and scaled numerous successful businesses, including a de novo specialty clinic much like this one. The proposed address is an existing one-story commercial/retail building at Honali Plaza. Honali Plaza is 9.39 acres and contains approximately 80,600 square feet of building space served by approximately 360 parking spaces. The suite is approximately 20,000 square feet total. In our proposed project, no boarding services will be offered, and overnight housing will only be provided on a short-term basis for hospitalized pets.
Location
The location was selected for its easy access, being centrally located within easy reach of the main arterials of Alicia Parkway and the I-5 Freeway, with an extensive residential community nearby. We consider this facility an ideal choice for this location, given the abundant existing parking and an immediate area underserved by specialist pet care services. See Traffic and Parking statements below.
Services Offered
This new animal clinic will be a great addition to the community and significantly improve the lives of both shelter and privately-owned pets. Rise Pet Care will provide veterinary services for household/ domestic pets, such as dogs, cats, and small domestic animals. Services are limited to specialty care, delivered by board-certified veterinarians in areas such as surgery, internal medicine, oncology, cardiology, neurology, dermatology, ophthalmology, dentistry, and emergency care.
Rise Pet Care is also pioneering new ideas in the pet-owner clinic interface. Our facility will not mimic the traditional waiting room and front desk model of most pet clinic. Instead, we will implement a concierge approach with a lounge area. Personalized attention by our greeter staff will not only ease the stress of bringing in your pet but should considerably ease any potential congestion at the facility entrance. The owners will make a substantial investment in the design of the interiors to create a relaxing, spa-like aesthetic.
Opening Date
The goal is for the practice to open its doors and start offering services by the Fall of 2022. Full staffing will consist of approximately 15 veterinarians, 30 veterinary assistants / technicians, and 20 clerical staff including greeters, rotating throughout the day / week. There will always be at least four or five doctors and fifteen support staff in the pet clinic at any one time, during the regular working hours (Monday – Sunday). This facility will provide not only quality veterinary care to pets but ample job opportunities for local residents.
5.5.1.b
Packet Pg. 234 Attachment: Attachment B- Letter of Justification (2886 : Conditional Use Permit No. USE-0089-2022 (Rise Pet Care)) SAUNDERS + WIANT ARCHITECTS
A R C H I T E C T U R E P L A N N I N G I N T E R I O R S 2700 West Coast Highway, Suite 200, Newport Beach, California 92663 Tel. 949 ▪ 721 0730 Fax 949 ▪ 721 0767
www.architectsoc.com
Hours of Operation
This facility will be open for appointments 7 days a week, between the hours of 7 am – 8 pm. As an emergency / specialty facility, we will be staffed around the clock for care of overnight patients.
In such, medical treatment may be offered for acute and emergency patients after regular hours, by special appointment.
Floor Plan and Square Footage
Our new facility will occupy 20,000 square feet of the existing 27,600 square foot building. The architectural firm of Saunders + Wiant Architects Inc. has been engaged, having extensive experience in the design of veterinarian facilities.
Exterior Upgrades
Our project proposes minor updates to the rear elevation of Building A. These upgrades will be incorporated into the upgrades being proposed by the shopping center owner. As a recap, the owner is incorporating upgrades to the building elevations that have been designed to reflect a ‘Contemporary Transitional’ architectural theme. This includes architectural elements such as flat rooflines, stone veneer accents, a gray color palate, and smooth stucco building finishes.
Moreover, the owners project also includes several improvements intended to benefit the surrounding community, which include:
• Extension of the existing block wall along Katie Avenue to the edge of the property. There is currently an approximately 10-foot gap in the wall with chain link fence as the perimeter boundary.
• Payment of funds to the City in support of planting a robust landscaping hedge within the City-owned parkway along Katie Avenue to enhance the screening behind Building A.
These upgrades have already been approved by the City, and the owner is preparing construction drawings for plan submittal.
For our project, we are proposing six new window openings for natural light into the offices and animal rehab area for the business. These windows are not operable (will not be opened).
Additionally, an existing roll up door will be filled in and finished to match the existing elevation. No other changes to the elevation are proposed. The owner’s proposed landscape enhancements and the existing block wall along Katie Avenue will provide an adequate buffer between the building and the residential uses on the north side of Katie Avenue with the closest residence at approximately 120 feet away.
Noise Control
The facility will not be used for pet boarding purposes. However, sick pets may be hospitalized overnight to receive medical attention and for recovery after medical or surgical intervention; this would only be on a short-term basis. Please note that sick pets are likely to be sedated and are generally not noisy. At all times patients will be housed within the facility; pets will not be exercised outside. Instead, we will be incorporating an indoor exercise area in our design. Our detailed design strategy includes additional sound-control measures at the demising and exterior walls / ceilings at the back of the facility, where it is closest to a residential neighborhood. Overall, we expect to produce little or no noise that would affect any of the adjacent businesses or residences.
5.5.1.b
Packet Pg. 235 Attachment: Attachment B- Letter of Justification (2886 : Conditional Use Permit No. USE-0089-2022 (Rise Pet Care)) SAUNDERS + WIANT ARCHITECTS
A R C H I T E C T U R E P L A N N I N G I N T E R I O R S 2700 West Coast Highway, Suite 200, Newport Beach, California 92663 Tel. 949 ▪ 721 0730 Fax 949 ▪ 721 0767
www.architectsoc.com
Animal Waste will be controlled inside the facility. Waste will either be disposed of in the flushable clinic sink installed inside the building and connected to the sanitary sewer, or bagged and disposed of in the trash. Medical waste will be picked up and disposed of by a professional company.
Public Health
Rise Pet Care is confident this pet clinic will not cause any public health hazard whatsoever.
Safety and cleanliness protocols are a matter of fact; licensed veterinarians are trained in public health and part of the veterinary oath is protection of animal health & welfare and promotion of public health. By promoting animal health, the clinic is helping the medical and psychological welfare of pets and their owners.
Animal holding cages include, but are not limited to, overnight hospitalization, as stated above.
Pet patients with bacterial or viral problems requiring hospitalization will be housed in the Isolation Suite. They will enter through a door at the back of the building and will be contained in statemandated isolation rooms. These pets will be fully contained within the isolation areas designed to limit transmission of any contagious (from pet to pet) virus or bacterial organisms.
Traffic
Veterinary clinics generally generate lower volumes of traffic than other retail businesses. There will likely be fewer visitors than the previous tenant, and their clients. In general, the surgical part of this veterinary practice expects about 5 or 6 cases per hour. We anticipate the total projected number of daily appointments will be around 50 to 80, and probably rarely exceeding 60. We do not anticipate more than 15 or 20 visitor vehicles at any one time. Typical busy hours are between 7 to 9 am when early morning appointments and drop-offs arrive. Other busy times are between 5 and 8 pm for afternoon appointments and surgical patient releases.
This means we should have less traffic than the previously expected business activity and less than most of the neighboring businesses (i.e., restaurants, retail stores, and gyms, etc.). We believe we can safely say this facility will not cause any significant and certainly no excessive traffic at Honali Plaza.
Parking
As mentioned in the Traffic section above, the daily visitors to our clinic will be less than the previous businesses and the existing neighboring businesses. At present, the existing parking total for Honali Plaza is the subject of a Parking Use Permit. Since Veterinary parking and Retail parking standards are the same, it follows our business would not cause any excessive use of the available parking spaces. We also do not anticipate staff parking exceeding 20 or 30 stalls at any given time, and require only about 20 stalls for visitor use, per the Traffic statement above.
Parking Data (existing):
Existing Parking: there are 366 stalls at the Honali Plaza site. Total required per the Vet Use Parking Ratio of 1/200 (based on net usable 20,000 s.f.): results in 100 stalls. We do not believe that 100 stalls will be needed, in practice. Compared to the former suite use, there may be an actual everyday surplus available.
Summary and Findings
1) That the proposed use is consistent with the General Plan; The proposed use is consistent with the General Plan and complies with all requirements of the General Plan. Table LU-1 of the General Plan describes the purpose and intent of
5.5.1.b
Packet Pg. 236 Attachment: Attachment B- Letter of Justification (2886 : Conditional Use Permit No. USE-0089-2022 (Rise Pet Care)) SAUNDERS + WIANT ARCHITECTS
A R C H I T E C T U R E P L A N N I N G I N T E R I O R S 2700 West Coast Highway, Suite 200, Newport Beach, California 92663 Tel. 949 ▪ 721 0730 Fax 949 ▪ 721 0767
www.architectsoc.com
land uses within the Neighborhood Mixed Use Designation to a variety of different, compatible land uses to exist in proximity. The proposed use for a neighborhood veterinary clinic is compatible with existing uses on site and in the vicinity, as this new use would benefit the community and their pets by having a neighborhood service to support their family pets in close proximity to their homes and other local retail services. 2) That the nature, condition and development of adjacent uses, buildings and structures have been considered and the proposed conditional use will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures; The proposed use will be conducted wholly within the existing building and will not result in excessive noise, light or glare, or traffic. Therefore, the proposed conditional use will not adversely affect or be materially detrimental to adjacent uses, buildings or structures. 3) That the proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity; The proposed use will be located within an existing building and utilize existing on site parking. As demonstrated in this letter of operation, the existing site contains adequate facilities to accommodate the existing and proposed uses on site. Therefore, the site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity.
4) That all required development standards prescribed by the Laguna Hills Development Code can be achieved; and
The proposed use is consistent with the General Plan and complies with all requirements of the General Plan and Zoning Code. The project will be located within an existing building and would comply with all development standards prescribed by the Laguna Hills Development Code.
5) That the conditions and limitations placed upon the use are necessary to ensure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.
The proposed use will be conducted wholly within the existing building and will not result in excessive noise, light or glare, or traffic. Moreover, conditions and limitations with the LHMC, and as placed on the project through the conditions of approval, will ensure the veterinary center is compatible with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.
Respectfully submitted, Saunders + Wiant Architects
5.5.1.b
Packet Pg. 237 Attachment: Attachment B- Letter of Justification (2886 : Conditional Use Permit No. USE-0089-2022 (Rise Pet Care)) 25'-6" 7'-9"
12'-9" 17'-11" 9'-5" 9'-5" 5'-8" 9'-5" 9'-5" 11'-5"
12'-2 1/2" 6'-5" 13'-7" 18'-1" 9'-0" 22'-6" 26'-4" 12'-0" 12'-0" 9'-11" 167'-2 1/2" 119'-1"
17'-1" 26'-11 1/2" 15'-5" 9'-9" 18'-1" 22'-1 1/2" 9'-11" 9'-2 1/2" 9'-5" 9'-5" 9'-5" 9'-5" 9'-5" 12'-9 1/2" 28'-11 1/2" 17'-5" 18'-9 1/2" 21'-1"9'-8" 1'-0" 1'-0" 9'-0"
REF REF REF NEW WINDOWS CAGES CAGES
CAGES
CAGES
CAGES
CAGES
RUNS X 6 FEED PREP WH WH PLANTER WALL EXIT EXIT NEW WINDOWS REF 8'-5" FREEZER 4'-0" 4'-9 1/2"
5'-0" 4'-0" 5'-10"
8'-2" CAGES RUNS 22'-0" 4'-0" 6'-8" 4'-0" 6'-8" 4'-0" 17'-0" GAS STERI GAS STERI TRASH JAN 6'-3" 9'-6" 8'-5" 9'-6"
11'-5 1/2" 100 WELCOME 101 CANTINA 112 EXAM 113 EXAM 114 EXAM 115 EXAM 116 EXAM 117 EXAM 118 EXAM 119 STORAGE 120 EXAM 121 EXAM 122 EXAM 123 EXAM 106 CONSULT. 107 EXAM 108 EXAM 109 EXAM 110 OPTHAL EXAM 111 COMFORT 124 HALLWAY 132 STERI /PACK 130 LAB 129 DENTAL 128 CARDIO ULTRA 127 OFFICE 151 TREATMENT 102 GREETERS' OFFICE 104 RECREATION 174 MENS RESTROOM 173 WOMENS RESTROOM 125 PHARMACY 131 HALLWAY 156 HALLWAY 152 DIAGNOSTIC 155 ENDOSCOPY 161 ALL GENDER SHOWER 103 ALL GENDER RESTROOM 126 CRITICAL CARE 160 TRAINING ROOM 169 HALLWAY 165 C.E.O. OFFICE 164 MGR. OFFICE 163 ADMIN. OFFICE 162 REHAB AREA 143 JANITOR 142 LAUNDRY 141I/T 139 O2 GENERATOR 139 VET GAS 149 OR 144 OR 148 OR 147 OR 146 OR 145 OPTHAL. OR 150 PREP AREA 133 ONCOLOGY 134 ISOLATION 135 HOOD E ELECTRICAL (EXISTING) 136 ISOLATION LOBBY 137 ISOLATION138 MED. GAS 157 HALLWAY 105 SPA 175 LOCKERS 172 MRI 171 MRI EQUIPMENT 170 CONTROL 168 CT SCAN 167 BULK STORAGE 166 HALLWAY 159 CAT WARD 158 DOG WARD 6'-4" 5'-1" 140 OFFICE 153 DIAGNOSTIC 154 ULTRASOUND 8'-2" 12'-2 1/2" O2 CAGES ADJACENT SUITE NO WORK 17'-0" 4'-0" 6'-8" 4'-0" 6'-8" 4'-0" FLOOR & EGRESS PLAN A-1.0 1/8" = 1'-0" FLOOR & EGRESS PLAN 1.0A SHEET NO. 2203 REVISIONS: DATE: 2/21/22 PROJECT NO. PERMIT NO.
Rise Pet Care
24721 ALICIA PARKWAY, SUITE A, LAGUNA HILLSA, CA 92653
Veterinary Clinic Tenant Improvement Project
SIGNAGE - READ W/ SIGN SCHEDULE ON A4.0 & DETAIL 10A7.0. A EXIT B EXIT ROUTE C ACCESSIBLE RESTROOM - ALL GENDER ALL EXIT / ENTRANCE: PROVIDE SIGN W/ INTERNATIONAL SYMBOL OF ACCESSIBILITY SIGNAGE ADJACENT TO DOOR A A A A B B B B B N 5.5.1.c Packet Pg. 238
Attachment: Attachment C- Floor Plan (2886 : Conditional Use Permit No. USE-0089-2022 (Rise Pet Care)) EXISTING TRASH ENCLOSURE EXISTING DOOR NEW WINDOWS EXISTING DOOR CONC. BLOCK INFILL OF EXISTING OPENING TO MATCH EXISTING NEW WINDOWS 25'-6" 7'-9"12'-9" 9'-11" 12'-0" 12'-0" 26'-4" 22'-6" 9'-0" 18'-1" 13'-7" 6'-5" 12'-2 1/2" 167'-2 1/2"
119'-1"
17'-1" 26'-11 1/2" 9'-0" CAGES REF
CAGES
CAGES
RUNS X 6 FEED PREP WH WH EXIT EXIT N X2 8'-5" 4'-0"
8'-2" 17'-0" 4'-0" 6'-8" 4'-0" 6'-8" 4'-0" 22'-0" TRASH O2 X4 H2O 6'-3" 9'-6" 8'-5" 9'-6" VACUUM
11'-5 1/2" 131 HALLWAY 161 ALL GENDER SHOWER 160 TRAINING ROOM 165 C.E.O. OFFICE 164 MGR. OFFICE 163 ADMIN. OFFICE 162 REHAB AREA 143 JANITOR 142 LAUNDRY 141I/T 139 O2 GENERATOR 149 OR 144 OR 148 OR 147 OR 146 OR 145 OPTHAL. OR 150 PREP AREA 133 ONCOLOGY 134 ISOLATION 135 HOOD E ELECTRICAL (EXISTING) 136 ISOLATION LOBBY137 ISOLATION 138 MED. GAS 157 HALLWAY 167 BULK STORAGE 166 HALLWAY 159 CAT WARD158 DOG WARD 6'-4" 5'-1" 140 OFFICE 4'-0" 6'-8" 4'-0" 6'-8" 4'-0" H2O 1 FLOOR PLAN (PROPOSED) 2 REAR ELEVATION (PROPOSED) FLOOR & ELEVATION EXHIBIT - 1/8" = 1'-0" FLOOR & ELEVATION EXHIBIT -A SHEET NO. 2203 REVISIONS: DATE: 2/21/22 PROJECT NO. PERMIT NO.
Rise Pet Care
24721 ALICIA PARKWAY, SUITE A, LAGUNA HILLSA, CA 92653
Veterinary Clinic Tenant Improvement Project N EXISTING STUCCO NO CHANGE GLAZING TO MATCH STOREFRONT GLAZING TO MATCH STOREFRONT
5.5.1.d
Packet Pg. 239
Attachment: Attachment D- Elevation (2886 : Conditional Use Permit No. USE-0089-2022 (Rise Pet Care)) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: June 14, 2022
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: Residential and Commercial Rate Adjustments Relating to State Mandated (SB 1383) Organic Waste Recycling Requirements and Proposed Amendment No. 2 to Franchise Agreement with CR&R Incorporated
RECOMMENDATION: That the City Council:
1) Receive staff presentation and report and receive City Clerk report on written property owner protests;
2) Ask questions of staff;
3) Open the public hearing;
4) Receive public testimony;
5) Close the public hearing; and
6) If less than 5,086 written protests were received by the City, by motion, approve Amendment No. 2 to the Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and For the Collection and Transportation of Recyclable Materials to Processors for Diversion between the City of Laguna Hills and CR&R Incorporated.
6.1 Packet Pg. 240
CR&R Amendment No. 2
June 14, 2022
SUMMARY:
On April 26, 2022, the City Council reviewed a draft Amendment No. 2 to Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and For the Collection and Transportation of Recyclable Materials to Processors for Diversion between the City of Laguna Hills and CR&R Incorporated (“Amendment No. 2”). This proposed contract amendment is necessary to implement the State mandated organic recycling programs of SB 1383 (Lara, Chapter 395, Statues of 2016) (“SB 1383”) as further described in this staff report. Additionally, the implementation of new SB 1383 programs, such as a residential food waste program, requires adjustments to solid waste and recycling rates, and on April 26, 2022, Council directed Staff to initiate a Proposition 218 compliance process and to notice a Public Hearing for June 14, 2022, for consideration of the requisite new rates to implement the State-mandated SB 1383 recycling programs.
BACKGROUND:
The City Council approved the current Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and For the Collection and Transportation of Recyclable Materials to Processors for Diversion between the City of Laguna Hills and CR&R Incorporated (“Franchise Agreement”) in September 2005, with collection services beginning on July 1, 2006. On August 26, 2014, the City Council approved extension of the term of the Franchise Agreement for an additional eight years with the approval and execution of Amendment No. 1 to the Franchise Agreement (“Amendment No. 1”). The current Franchise Agreement with CR&R Incorporated ("CR&R") is scheduled to expire on June 30, 2024, by operation of its own terms. Amendment No. 1 also established a permanent commercial food waste recycling program, a reduction in rates for all services, a residential Household Hazardous Waste (HHW) service, support for Sharps Waste recycling programs, and a limitation of using yard waste as an Alternative Daily Cover (ADC) at landfills.
Governor Brown signed into law SB 1383 in September 2016. This law required the California Department of Resources Recycling and Recovery (“CalRecycle”) to develop regulations for the reduction of organic waste being sent to landfills. The SB 1383 regulations require the City to implement a residential food waste recycling program which requires the City to amend its current Franchise Agreement and will result in rate increases.
6.1 Packet Pg. 241
CR&R Amendment No. 2
June 14, 2022
SB 1383 establishes methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants (SLCP). Methane emissions resulting from the decomposition of organic waste in landfills have been identified as a significant source of greenhouse gases. The methane emissions reduction targets (or goals) under SB 1383 are:
• Achieve a 50 percent reduction in the level of the Statewide disposal of organic waste from the 2014 level by 2020, and a 75 percent reduction by 2025. • Recover not less than 20 percent of edible food that is currently disposed of for human consumption by 2025.
Assigned the responsibility of adopting regulations necessary to achieve these Statewide goals, CalRecycle has spent several years developing requirements and in November 2020 published its regulations under a document entitled, Short-lived Climate Pollutants (SLCP): Organic Waste Reductions (hereafter referred to as “SB 1383 Regulations”).
Local governments must comply with the SB 1383 Regulations for the reduction of organic waste being sent to landfills commencing January 1, 2022. Organic waste (also referred to as organics) includes food waste, green waste, and landscape and pruning waste.
One of the major requirements of the SB 1383 Regulations is for local jurisdictions to adopt an enforceable ordinance requiring compliance by businesses, residents, haulers, and other entities. On November 23, 2021, the City Council adopted Ordinance No. 2021-1, amending and restating Chapter 5-32 (Solid Waste and Recycling) of Title 5 (Health and Sanitation) of the City of Laguna Hills Municipal Code, implementing local SB 1383 organic recycling regulations. Additionally, the City Council adopted Resolution No. 2021-11-09-4, on November 9, 2021, amending and restating the Administrative Citation Program Fines and Penalties Schedule to incorporate the required SB 1383 Regulation fines and penalties for noncompliance.
Another major requirement of SB 1383 Regulations is to implement organic waste recycling programs for the commercial and residential sectors; and consequently, the City needs to implement a new residential food waste collection and processing program at this time. Residential green waste collection and processing services have been in place for quite some time. It should be noted that the City first introduced a pilot commercial food scraps recycling program in the City in 2009. This commercial food waste recycling program became a permanent service, available to all businesses within the City, with the City Council’s approval and execution of Amendment No. 1 to CR&R’s Franchise Agreement on August 26, 2014. Shortly thereafter, Governor Brown
6.1 Packet Pg. 242
CR&R Amendment No. 2
June 14, 2022
signed into law the mandatory commercial organic recycling requirements of AB 18261 in October 2014.
Proposition 218 Procedure
Before approving Amendment No. 2 to the Franchise Agreement and enacting an increase in solid waste rates, Proposition 218 requires that the City Council conduct a noticed public hearing. A 45-day notice of the public hearing was mailed to all affected property owners describing the proposed rate adjustment and justification for the rate adjustment. Property owners may protest the proposed rate adjustment in writing prior to or during the public hearing. Thus, consistent with State law, the notice was mailed to all property owners within the City of Laguna Hills.
Property owners who wished to object to the proposed rates were instructed to file a written protest with the City Clerk at or before the time set for the public hearing.
Original written protests were required to be mailed or personally delivered to the City Clerk. Each valid written protest must include the name of the record owner or owners of the property, identification of the property by either assessor's parcel number or street address, a statement of protest ("I/we protest" suffices), and the original signature of the protesting owner or owners (photocopies, electronic mail, electronic copies, e-comments, or facsimiles are not valid).
Each property is counted as a single vote, regardless of the number of owners. If there are two record owners, both were required to sign the written protest. If there are more than two owners, the protest must be signed by a majority of the owners.
The notice was mailed by the City on April 29, 2022. At the conclusion of the public hearing, the City Council may approve Amendment No. 2, thereby implementing the adjusted residential and commercial rates and the State mandated recycling programs, unless more than 50% of property owners submit valid written protests against the approval of the new rates. Notices to 10,169 property owners were mailed, and 5,086 written protests are required to prevent the Council from approving the new rates.
1 AB 1826 Chesbro (Chapter 727, Statutes of 2014) requires businesses to recycle their organic waste on and after April 1, 2016, depending on the amount of waste generated per week. This law also requires that on and after January 1, 2016, local jurisdictions across the state implement an organic waste recycling program to divert organic waste generated by businesses. The law phased in the requirements for businesses over time based on waste generation thresholds. In September of 2020, CalRecycle reduced the waste generation threshold to 2 cubic yards of solid waste (solid waste is the total of trash, recycling, and organics) per week generated by businesses. AB 1826 requires local jurisdiction to enforce these requirements including monitoring recycling activities and education and outreach.
6.1 Packet Pg. 243
CR&R Amendment No. 2
June 14, 2022
Proposed Amendment No. 2 to Franchise Agreement
In order to implement a residential food waste recycling program, and to be compliant with SB 1383 Regulations, the Franchise Agreement requires an amendment.
Noncompliance with SB 1383 Regulations would expose the City to potential fines by CalRecycle ranging from $500 per violation for minor infractions, to as much as $10,000 per day for major violations. Attached to this report as Attachment 1 is the proposed Amendment No. 2 to the Franchise Agreement.
City staff worked with EcoNomics (the City’s recycling consultant) to negotiate the terms of Amendment No. 2 with CR&R and a summary of the key terms are as follows. • No change to Franchise Agreement termination date of June 30, 2024. • Introduce a new residential food waste collection service to be commingled with green waste (yard waste) in the green container. Collection service to begin on July 1, 2022.
• Rate increases to commercial and residential rates effective July 1, 2022. • Distribution of kitchen pales to residents for collection of food waste and to market the new program.
• Distribution of green carts to residential customers that currently do not have this service. In accordance to SB 1383 Regulations, all generators are required to recycle Organic Waste.
• Processing of residential organic material at CR&R composting facility. • One inflation adjustment of rates for the remainder of the term of the Franchise Agreement scheduled for October 1, 2023.
• One-time reimbursement of $30,000 to the City to cover the cost of negotiating and preparing Amendment No. 2 and costs related to the Prop 218 Notification process.
• Annual fee of $150,000 to assist the City with support and third-party recycling services.
• Increase of one CR&R Recycling Coordinator from part-time to full-time in Laguna Hills.
• SB 1383 requirements for inspections, reporting, and audits.
6.1 Packet Pg. 244
CR&R Amendment No. 2
June 14, 2022
• Removal of Liquated Damages of 50% Diversion Requirement and replaced with Liquated Damage if Contractor fails to implement SB 1383 programs. • Repeal of requirement of CR&R to fund the City’s sharps waste program for $2,000 annually.
Amendment No. 2 Proposed Rates & Comparison to Other Jurisdictions As previously advised, the proposed rate increases would be effective July 1, 2022, and account for inflation adjustments and SB 1383 related costs. An inflation adjustment, per Amendment No. 2, is scheduled for October 1, 2023. The entire proposed rate schedule can be viewed in summary against current rates for service on Attachment 3. A detailed rate schedule, with the three components (Collection, Processing, Disposal) of each service rate, can be referenced in Attachment 1, Exhibit 1 of this Staff report.
Other local jurisdictions rates are included
in the following tables for comparative
purposes to the City of Laguna Hills’s
proposed rates. All of the comparative
jurisdictions’ rates listed in the following
tables will be adjusted for inflation, or
increased as stipulated in their respective
franchise agreements, on July 1, 2022. Staff
estimated these rate increases for the
other jurisdictions and are reflected in the
following tables.
It is important to note, that CR&R’s
proposed trash and recycling rates for
Laguna Hills, are very competitive and are
on the lower tier when compared to other
surrounding cities’ rates (see Tables 1, 2, 3
& 4 below). Further, in all the cases, the rates for Laguna Hills as proposed in Amendment No. 2, are well below the comparative averages as noted in the tables within this staff report.
Single-family service: The proposed monthly rates for single-family residential 3-container collection service is provided in Table 1. The City’s current rate is $15.55 per month and is proposed to increase on July 1, 2022, to $20.05 per month for inclusion of Table 1. Residential Rate: Local Jurisdiction Monthly Rate Comparison (3-Cart Collection Service including food
waste).
Rates effective July 1, 2022.
Jurisdiction Rate/month
San Juan Capistrano $25.61
Laguna Niguel $24.95
San Clemente $24.69
Mission Viejo $22.87
Rancho Santa Margarita $22.14
Dana Point $21.67
Aliso Viejo $21.21
Laguna Hills 1 $20.05
Lake Forest $19.27
Rates above include estimates of other jurisdiction's rate increase adjustments.
The average of all rates above is $22.50.
1. Laguna Hills current rate is $15.55
6.1 Packet Pg. 245
CR&R Amendment No. 2
June 14, 2022
the residential food waste recycling program. Included in Table 1 is also a comparison of what other local jurisdictions are paying per month for a similar 3-container collection service with organic waste recycling (both yard waste and food waste).
Commercial and Multi-family service: Tables 2, 3 and 4 below provide rates for commercial and multi-family bin services. As mentioned above, the City of Laguna Hills already implemented a commercial organic recycling program in 2014, with the execution of Amendment No. 1. Consequently, the percentage rate increases effective July 1, 2022, for the commercial and multi-family customers are not as significant as the residential sector.
Table 2. Commercial/Multi-Family Trash: Local
Jurisdiction Monthly Rate Comparison (3 cubic-yard
trash bin/1 pickup per week). Rates effective July 1,
2022.
Table 3. Commercial/Multi-Family Recycling: Local
Jurisdiction Monthly Rate Comparison (3 cubic-yard
Recycling bin/1 pickup per week). Rates effective July 1, 2022.
Jurisdiction Rate/month Jurisdiction Rate/month
San Clemente $173.73 Dana Point $98.12
Dana Point $163.53 San Juan Capistrano $97.36
San Juan Capistrano $162.26 San Clemente $77.51
Mission Viejo $161.01 Laguna Niguel $77.06
Laguna Niguel $152.46 Rancho Santa Margarita $76.97
Rancho Santa Margarita $148.07 Mission Viejo $76.88
Aliso Viejo 2 $133.15 Aliso Viejo $74.88
Laguna Hills 1 $129.29 Laguna Hills $54.39
Lake Forest $102.59 Lake Forest $51.52
Rates above include estimates of other jurisdiction's rate increase adjustments.
Rates effective July 1, 2022, including estimates of other jurisdiction's rate increases.
The average of all rates above is $147.34. The average of all rates above is $76.09
1. Laguna Hills current rate is $124.10 1. Laguna Hills current rate is $52.39
2. Aliso Viejo monthly rate for multi-family is $136.01.
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CR&R Amendment No. 2
June 14, 2022
Table 4. Commercial/Multi-Family Organics: Local
Jurisdiction Monthly Rate Comparison (2 cubic-yard Food Waste bin/1 pickup per week). Rates effective July 1, 2022.
Jurisdiction Rate/month
Aliso Viejo $320.09
San Clemente $313.00
Dana Point $130.83
San Juan Capistrano 2 $85.28
Rancho Santa Margarita $71.12
Mission Viejo $62.01
Laguna Hills 1 $46.07
Laguna Niguel $44.44
Lake Forest $40.62
Rates effective July 1, 2022, including estimates of other jurisdiction's rate increases.
The average of all rates above is $123.72.
1. Laguna Hills current rate is $44.34.
2. SJC green waste recycling rate is $129.80/mo.
Explanation of Attachments
Attached to this report are the following items described in further detail. • Attachment 1: Proposed Amendment No. 2 to Franchise Agreement with the following exhibits to revise Franchise Agreement attachments and to add a new attachment (Attachment U) to the Franchise Agreement:
− Exhibit 1 –Attachment D (“Proposed Rates to be Charged”) − Exhibit 2 –Attachment A (“Definitions”)
− Exhibit 3 –Attachment B (“Scope of Work for Collection Operations”) − Exhibit 4 –Attachment I (“Contractor Furnished Personnel”) − Exhibit 5 –Attachment K (“Reports to be Submitted to City”) − Exhibit 6 –Attachment N (“Proposed Protocol for Conducting Quarterly Diversion Allocation Audits”)
− Exhibit 7 –Attachment Q (“Processing Facilities”)
− Exhibit 8 –Attachment R (“Compost Processing Facilities”)
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CR&R Amendment No. 2
June 14, 2022
− Exhibit 9 –Attachment S (“Construction and Demolition Debris Processing Facility”)
− Exhibit 10 –Attachment U (“Kitchen Pails”)
• Attachment 2: Notice Concerning Proposed Solid Waste & Recycling Rate Adjustments and Public Hearing. (Notice that was mailed to property owners in regard to Amendment No. 2 to the Franchise Agreement and increased rates.) • Attachment 3: CR&R Rate Schedule Summary (Posted to website as part of Public Hearing process for reference. Compares City’s current rate with Amendment No. 2 proposed rate effective July 1, 2022).
The CR&R Franchise Agreement and Amendment No. 1 are voluminous, but they are available to interested members of the public and the City Council upon request through the City Clerk's Office.
FISCAL IMPACT:
The costs to conduct the required Proposition 218 notification and public hearing process are covered through a one-time reimbursement by CR&R upon approval of the proposed Amendment No. 2.
The residential rates for the 3-cart collection service are proposed to increase on July 1, 2022, from $15.55/mo. to $20.05/mo. This is required to implement a new food waste collection service to be in compliance with SB 1383 Regulations and includes an inflation adjustment to the existing base rates.
Commercial and Multi-Family rates for service will be adjusted for inflation on July 1, 2022, and the proposed rates are summarized in Attachment 3 to this staff report.
All residential and commercial rates for service will be adjusted for inflation on October 1, 2023.
ATTACHMENTS:
• Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement • Attachment 2 - Prop 218 Public Notice
• Attachment 3 - CR&R Rate Schedule Summary
6.1 Packet Pg. 248
ATTACHMENT 1
Proposed Amendment No. 2
to CR&R Franchise Agreement
6.1.a
Packet Pg. 249 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) AMENDMENT NO. 2
TO CONTRACT FOR THE COLLECTION, TRANSPORTATION AND
DISPOSAL OF MUNICIPAL SOLID WASTE AND FOR THE COLLECTION,
AND TRANSPORTATION OF RECYCLABLE MATERIAL TO PROCESSORS
FOR DIVERSION
(CR&R Incorporated)
THIS SECOND AMENDMENT to the September 28, 2005 Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and for the Collection, and Transportation of Recyclable Materials to Processors for Diversion (the "Amendment") is hereby made and entered into to be effective this 14th day of June, 2022, by and between the CITY OF LAGUNA HILLS, a California municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as the "City"), and CR&R Incorporated, a California corporation (hereinafter referred to as "Contractor") (collectively, the Parties).
RECITALS
A. City and Contractor previously entered into that certain Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and for the Collection, and Transportation of Recyclable Materials to Processors for Diversion (the "Contract"), which was made and entered into on September 28, 2005, for the collection and processing of solid waste and recyclable materials, which services are to be provided for a term of ten years, commencing on July 1, 2006 through June 30, 2016.
B. City and Contractor entered into Amendment No. 1 to the Contract, which was made and entered into on October 1, 2014 (“Amendment No. 1”), to reduce base rates, expand services, establish a permanent commercial food waste recycling program, and extend the Contract term for an additional eight-years through June 30, 2024.
C. In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statues of 2016) (“SB 1383”), establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants (SLCP).
D. CalRecycle developed SB 1383 regulations and published them in November 2020 in a document entitled, Short-lived Climate Pollutants (SLCP): Organic Waste Reductions (“SB 1383 Regulations”), to achieve the Statewide SB 1383 goals.
E. A requirement under the SB 1383 Regulations is for all jurisdictions to implement organic waste recycling programs including a residential food waste recycling program.
F. City has already implemented a commercial food waste recycling program and now must implement a residential food waste recycling program to be in compliance with SB 1383 Regulations which require certain rates for service to be increased.
6.1.a
Packet Pg. 250 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) G. Noncompliance with SB 1383 Regulations would subject the City to potential fines ranging from $500 per violation for minor infractions, to as much as $10,000 per day for major violations.
H. Section 15.10 (Amendment) of the Contract provides that the Contract may only be modified or amended by a writing signed by the Parties.
I. The Parties recently negotiated certain revised terms and conditions of the Contract, to implement the requirements of the SB 1383 Regulations, including the implementation of a residential food waste recycling program.
J. The Parties now wish to amend the Contract by authorizing the implementation of a residential food waste recycling program, which will result in an increase in Contractor’s rates for service, and impact other existing contractual terms, conditions, and requirements as set forth in the Contract.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
AGREEMENT
1. Term. Section 3.02 (“Term”) of the Contract is hereby amended to read as provided in Amendment No. 1 follows:
“3.02 Term. The Term of this Contract shall commence on the Effective Date and shall end at midnight on June 30, 2024, unless earlier terminated. Contractor’s obligation to collect Municipal Solid Waste and Recyclable Materials shall begin on July 1, 2006 at 12:01 a.m.”
2. Revised Base Rates. Attachment D of the Contract pertaining to Contractor's rates for services shall be replaced with the rates identified in Exhibit 1 (revised Attachment D) attached to this Amendment and made a part hereof by reference, said rates to become effective July 1, 2022. Contractor shall be solely responsible for the cost of adjusting Customers' bills to implement the rates and other adjustments stipulated in this Amendment and the Contract.
3. Attachment E (“Proposed Rates to be Charged for City Directed ‘As Needed’ Services”). Attachment E of the Contract is hereby deleted and of no further force or effect upon execution of this Amendment.
4. City Facilities/Events MSW Collection. Section 4.05 (“City Facilities/Events MSW Collection”) of the Contract is hereby amended to read as follows:
“4.05 City Facility/Events MSW Collection. Contractor shall collect all MSW generated at Premises owned and/or operated by the City at no charge, and at up to
6.1.a
Packet Pg. 251 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) twenty (20) City-sponsored events at no charge to the City. The facilities to be provided service and the type and frequency of service are listed on Attachment B, Section 3.9.”
5. Diversion Programs. Section 4.06 (“Diversion Programs”) of the Contract is hereby amended to read as follows:
“4.06 Diversion Programs.
A. Residential Recycling. The Contractor shall collect all Divertable Materials generated at Residential Premises, placed for Collection in Contractor authorized Containers at the curbside. Contractor shall also Collect Divertable Materials generated at Residential Premises, placed for Collection at curbside and backyard or sideyard locations by occupants who are eligible for backyard or sideyard Collection under Section 2.02.1 of Attachment B.
B. Commercial/Business Recycling. Contractor shall Collect Divertable Materials from participating Commercial and Business Establishments at the frequencies and in the manner described in Attachment B, Section 3.”
6. Transportation and Delivery for Processing of Recyclable Materials. Section 5.02 (“Transportation and Delivery for Processing of Recyclable Materials”) of the Contract is hereby amended to read as follows:
“5.02 Transportantion and Delivery for Processing of Divertable Materials.
Contractor shall either: (1) transport to and deliver for processing Divertable Materials at Contractor’s facilities, or (2) transport to and arrange for the processsing of these materials at facilities designated by City in Sections 5.03 and
5.04 herein.”
7. Transportation of Recyclable Materials. Section 5.03 (“Transportation of Recyclable Materials”) of the Contract is hereby amended to read as follows:
“5.03 Transportation of Divertable Materials. Contractor shall transport and deliver for processing Divertable Materials to Contractor’s facilities identified in Attachment Q. City Manager or his/her designee may designate different MRF facility(ies) in the future. Contractor shall transport and deliver all Food Scraps and Yard Trimmings and all Stable Bedding and Manure to the Compost Facilitie(s) designated in Attachment R as of July 1, 2006. The City Manager or his/her designee may designate a different Compost Facility(ies) in the future.”
8. Permits. Section 6.02 (“Permits”) of the Contract is hereby amended to read as follows:
“6.02 Permits. Contractor shall utilize only Processing Facilities that are fully licensed and permitted under all applicable federal, state, regional and local laws and regulations. On or before May 1, 2006 Contractor shall deliver to City copies
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Packet Pg. 252 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) of all of the permits for the Materials Recovery Facilities (Clean MRF), the Compost Facility, the Construction and Demolition Debris Processing Facility and for any other Processing Facility that Contractor will use to process Divertable Materials Collected within City. Contractor shall simultaneously submit original signed contracts with each Processing Facility (unless owned by Contractor) evidencing the terms and conditions under which Contractor is entitled to utilize said facilities for processing of City’s materials.”
9. Delivery of Residue to Landfill. Section 6.03 (“Delivery of Residue to Landfill”) of the Contract is hereby amended to read as follows:
“6.03 Delivery of Residue to Landfill. Contractor shall deliver, or arrange to be delivered, all nonrecyclable Residue from the operations at the Materials Recovery Facility (Clean MRF), the Compost Facility, and the Construction and Demolition Debris Processing Facility to the City designated landfill.”
10. MRF, Compost and C/D Facility Operating Requirements. Section 6.04 (“MRF, Compost and C/D Facility Operating Requirements”) of the Contract is hereby amended to read as follows:
“6.04 MRF, Compost and C/D Facility Operating Requirements. Contractor shall operate the Materials Recovery Facility, Compost Facility and Construction and Demolition Debris Processing Facility it owns in compliance with all applicable federal, state, regional and local laws and regulations and shall adhere to the requirements of all permits for each facility. If Contractor is using facilities it does not own, it shall be Contractor’s responsibility to investigate and determine that said facilities are operating in compliance with all applicable laws, regulations and permit requirements. If, at any time during the Term, said facilities are not operating in compliance with all legal requirements, it shall be the duty of Contractor to immediately report the situation to the City. Upon receipt of such information, City may conduct an independent investigation of the situation, may require Contractor to utilize a different facility while City is conducting its investigation, or may take other actions City deems reasonable and necessary to protect the interest of the City, its customers, public health and safety and the environment.
The Clean MRF must include processing lines for cleanup of Recyclable Materials and sorting of Commingled Recyclables.
The Composting Facility must be capable of processing residential and commercial Food Scraps and Yard Trimmings as well as Stable Bedding and Manure. The Construction and Demolition Debris Processing Facility must be capable of processing all of the Construction and Demolition Debris that is Collected by the Contractor in the City.”
6.1.a
Packet Pg. 253 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2)
11. Processing Requirements and Removal of Annual Diversion Requirement.
Sections 6.05, 6.06, 6.07, 6.08 and 6.09 of Contract are hereby deleted from Contract and of no further force or effect upon execution of this Amendment.
Attachment O (“Annual Diversion Rate Percentage Calculation”) and Attachment P (“Calculation fo Liquidated Damages for Failure to Achieve 50% Annual Diversion”) of the Contract are are hereby deleted from Contract and of no further force or effect upon execution of this Amendment.
12. MSW and Divertable Materials Containers. Section 7.03 (MSW and Recyclable Materials Container), Subdivision A (“General”) of the Contract is hereby amended to read as follows:
“A. General. Contractor shall use existing Carts for storage of (i) MSW, (ii) Divertable Materials, (iii) Food Scraps and Yard Trimmings, and (iv) Stable Bedding and Manure for Residential Premises Collection service as stated in Attachment B, Section 1.4. Contractor shall provide Residential Premises with Bins for Stable Bedding and Manure as described in Attachment B.
Contractor shall provide Containers for for the storage and Collection of (i) MSW, (ii) Recyclable Materials, and (iii) Food Scraps and Yard Trimmings for Commercial and Business Establishments Collection service as stated in Attachment B, Section 1.4. All Containers provided by the Contractor shall conform to the specifications in Attachment G. In addition to the Containers provided by Contractor, as identified in Attachment H, Contractor shall provide Containers as identified in Attachment B, Section 1.4. The type, size and number of Containers shall be sufficient to contain, with the lid closed, all MSW, Divertable Materials, Food Scraps and Yard Trimmings, and Stable Bedding and Manure generated between Collections.”
13. Increase of Contractor Recycling Coordinator to Full-time. Section 7.04 (Personnel), Subdivision G (“Provision of Recycling/Public Education Coordinator”) of the Contract is hereby amended to read as follows:
“G. Provision of Recycling/Public Education Coordinator. Contractor shall designate one qualified employee as the Recycling and Public Education Coordinator. The coordinator will devote 100% of his or her time (the equivalent of 2,000 work hours per calendar year) to these activities exclusively for City. The designated Coordinator, as identified in Attachment I, shall have a minimum of two (2) years experience in the design, implementation and operation of Recycling, Composting and Diversion Programs, interaction with the public, and detailed knowledge of the requirements of the Act. Contractor shall notify City, in writing, of the name, education, background and experience and a list of three (3) references for the coordinator prior to commencing operations and whenever there is a change in the staffing of the position. Upon City request, Contractor shall designate a different coordinator if the coordinator does not meet the requirements enumerated herein and/or if the City is otherwise dissatisfied with the performance of the
6.1.a
Packet Pg. 254 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) designated coordinator. The coordinator’s duties shall include, but not be limited to, (i) implementing all SB 1383 required programs as contained in Attachment B for Divertable Materials and utilize the procedures and steps described in Attachment B Sections 2.02.9, 3.03.4 and (ii) conducting waste audits at Commercial and Business Establishments, (iii) routinely auditing each of the Diversion Programs and reporting requirements described in Articles 4 and 9, including photographing said programs and reporting to City on the results of each program, (iv) preparing public education materials as required in this Contract and described in Attachment B as well as other public education materials required by SB 1383 and those that may be requested by City, (v) attending all City-sponsored special events (e.g. Earth Day, Chamber of Commerce events) where Recycling and the environment are the theme or topic, (vi) coordinating Recycling programs at all City-sponsored special events as described in Article 4 and Attachment B for the Diversion of Food Scraps, Yard Trimmings and all other Divertable Materials that are generated by the event, (vii) implementing and maintaining the Recycling program at City Hall and all other City facilities as described in Attachment B including responding to questions about the program, (viii) speaking to community groups, schools and other organizations about the City’s Diversion Programs, (ix) acting as a community resource with regard to Recycling and Diversion Programs, and (x) such other duties as may be assigned by City. City reserves the right to redirect the work efforts of the coordinator and to prioritize the tasks to be completed as needed throughout the Term of the Contract.
14. Billing. Section 8.01 (Billing), Subdivision A (“General”) of the Contract is hereby amended to read as follows:
“A. General. Contractor shall: (i) bill Customers for MSW and Divertable Materials Collection at the Contractor’s rates as established in Attachment D, as adjusted for inflation per the Contract; (ii) maintain accurate billing and payment records; and (iii) bill Customers on a monthly, bimonthly or quarterly schedule as approved by City. Customer’s bills shall be itemized showing the charges for each classification of services but shall not designate that portion of a Customer’s bill attributable to the City franchise fee.”
15. Reporting. Section 9.03 (“Reporting”) of the Contract is hereby amdended to read as follows:
“9.03 Reporting. Contractor shall compile and submit complete and accurate reports required by this Contract, including all SB 1383 reporting as described in Attachment B and Attachment K, in the format and at the frequencies specified.”
16. Compliance Reporting. Section 9.05 (“Compliance Reporting”) of the Contract is hereby amended to read as follows:
“9.05 Compliance Reporting. Contractor shall submit monthly, quarterly and annual reports to the City documenting the disposition of MSW and the status of
6.1.a
Packet Pg. 255 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) all SB 1383 Diversion Programs implementation and shall format such reports so that they may be used by the City for City’s compliance with the reporting requirements of the Act or any other subsequently enacted federal, state or local laws or regulations governing integrated waste management. All Contractor’s reports are subject to audit by City, or by a third-party designated by City, and if material discrepancies are discovered during audit of Contactor’s reporting, the Contractor shall pay the City the sum of seventy-five thousand dollars ($75,000) for its costs associated with the investigation of the discrepancies. Contractor shall be assessed liquated damages as listed in Section 13.09(I) for late payment to City for audit in the event that material discrepancies are discovered.”
17. Annual Route Audit. Section 9.06 (“Annual Route Audit”) of the Contract is hereby amended to read as follows:
“9.06 Annual Route Audit. Contractor shall conduct an annual audit, during the month of April for each year of this Agreement, of all Collection routes for MSW and Divertable Materials including Food Scraps, Co-Collected Food Scraps and Yard Trimmings, and Yard Trimmings and Stable Bedding and Manure. The audit shall include, at a minimum: (i) the route number, (ii) identification number of vehicles servicing each route, (iii) number and type of accounts serviced by route and by truck, (iv) number and sizes of Containers Collected together with the frequency of Collection by route and by truck, (v) weight of MSW Collected, (vi) weights of Single-Material Recyclables, Single Stream Recyclable Materials, CoCollected Food Scraps and Yard Trimmings, Yard Trimmings, Food Scraps, by route and by truck, and (vii) any pertinent operational details. Results of the route audit shall be delivered to City in their entirety, including, but not limited to, maps of routes with each route numbered, survey sheets, logs, route lists, forms used to gather information, and other similar documents, within ten (10) working days of completion of the audit, and in no event later than May 20 of each year of the Term.
The initial audit shall be performed in April 2015 with the report due by May 20, 2015. Said audit may be undertaken directly by Contractor or on behalf of Contractor by another party, but in either event shall be completed at Contractor’s sole expense.”
18. Quarterly Contamination Audits. Section 9.07 (“Quarterly Audits of Residential and Commercial Waste and Recyclables Streams”) of the Contract is hereby amended to read as follows:
“9.07 Quarterly On-Site MSW and Divertable Materials Contamination Audits.
Contractor shall conduct quarterly on-site field Contamination audits to determine the levels of Contamination in the Commercial and Multi-Family and Residential MSW Containers. The on-site field Contamination audits are of Containers on routes Collecting MSW and to ensure compliance with SB 1383 Regulations, 14 CCR Section 18984.5, for container Contamination minimization. The specific protocols that shall be used to conduct on-site field Contamination audits of MSW,
6.1.a
Packet Pg. 256 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) Recyclable Materials, and Single Stream and Co-Collected Food Scraps and Yard Trimmings materials in Collection routes are described in Attachment N.
The City or its representative may be present to observe any field Contamination audit described in Attachment N. Contractor shall provide no less than fourteen (14) calendar days advance notice to the City of when each audit is scheduled.”
19. Annual Contamination Audit. Section 9.08 (“Annual City Review of Allocation Audit Procedures and Results”) of the Contract is hereby amended to read as follows:
“9.08 Annual City Review of SB 1383 Contamination Audit Procedures and Results. Each year of the Term, City shall have the right, but not the obligation, to conduct a review of the procedures used by Contractor to perform the Contamination audits described in Section 9.07 and the results of said audits. If City desires to review the audit results and/or procedures, City will contact Contractor to schedule a meeting or series of meetings to discuss the procedures and results. At City’s sole discretion, Contractor shall change the audit protocol, timing and frequency as directed by City and shall put such changes into effect with the next audit. City’s review of audit procedures may include review of Contractor and processing facility records and on site visits to Contractors facilities and processing facilities.”
20. Revision of Liquated Damages from Failure to Achieve Annual Diversion Requirements to Failure to implement Diversion Program Requirements. Section
13.09 (Liquidated Damages), Subdivision H (“Diversion Requirements”) of the Contract is hereby amended to read as follows:
“H. Diversion Program Implementation Requirements. For each Premises that Contractor fails to Fully Implement SB 1383 Diversion Programs by January 1, 2023 (including steps (i) through (xiii) of Attachment B Sections 2.02.9 and
3.03.4)…………………………………………...$1,000.00 per failure to
implement”
21. (3rd) Third Party Recycling Consulting Services. Section 12.07 (Third-Party Recycling Consulting Services) is hereby added back to the Contract to read as follows:
“12.07 (3rd) Third Party Recycling Consulting Services. Contractor shall pay City $150,000 by July 1, 2022, and an additional $150,000 by July 1, 2023, for (3rd) third party Recycling consulting services as selected by City and under contract with City.”
22. Contract Negotiation and Public Notice Process Fee. Contractor shall pay $30,000 to City by July 1, 2022, to defray the City's costs of processing this Amendment and conducting the Prop. 218 notification process.
6.1.a
Packet Pg. 257 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2)
23. Annual Rate Adjustment. Section 12.03 (“Annual Rate Adjustments”) of the Contract is hereby amended to read as follows:
“12.03 Annual Rate Adjustment. The rates for service as set forth in Attachment D shall be adjusted as of October 1, 2023, in accordance with Attachment J.”
24. Remaining Balance of Household Sharps Waste Program Reimbursements. Upon the repeal of Amendment No. 1 and the Household Sharps Waste Program as provided for below, any remaining balance of funds paid by Contractor to City for support of Household Sharps Waste Collection programs may be used toward other Diversion Program support as determined by City.
25. Attachment A (“Definitions”). Attachment A of the Contract is hereby amended as set forth in the attached Exhibit 2, incorporated by this reference.
26. Attachment B (“Scope of Work for Collection Operations”). Attachment B of the Contract is hereby amended as set forth in the attached Exhibit 3, incorporated by this reference.
27. Attachment I (“Contractor Furnished Personnel”). Attachment I of the Contract is hereby amended as set forth in the attached Exhibit 4, incorporated by this reference.
28. Attachment K (“Reports to be Submitted to City”). Attachment K of the Contract is hereby amended as set forth in the attached Exhibit 5, incorporated by this reference.
29. Attachment N (“Proposed Protocol For Conducting Quarterly Diversion Allocation Audits”). Attachment N of the Contract is hereby amended as set forth in the attached Exhibit 6, incorporated by this reference.
30. Attachment Q (“Processing Facilities”). Attachment Q of the Contract is hereby amended in read in full as set forth in the attached Exhibit 7, incorporated by this reference.
31. Attachment R (“Compost Processing Facilities”). Attachment R of the Contract is hereby amended as set forth in the attached Exhibit 8, incorporated by this reference.
32. Attachment S (“Construction and Demolition Debris Processing Facility”).
Attachment S of the Contract is hereby amended as set forth in the attached Exhibit 9, incorporated by this reference.
33. Attachment U (“Kitchen Pails”). Attachment U is added to the Contract full as set forth in the attached Exhibit 10, incorporated by this refernce.
6.1.a
Packet Pg. 258 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2)
34. Amendment No. 1 Repealed. Amendment No. 1 is hereby repealed upon the execution of this Amendment.
35. Anaerobic Digestion Facility. Contractor guarantees that its Anaerobic Digestion Facility in the City of Perris, California, will have capacity for, and will accept, diverted Organic Material from the City.
36. Full Force and Effect. This modifying Amendment is supplemental to the Contract and is by reference made a part of the Contract. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this, the provision of this Amendment shall in all respects govern and control.
37. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURE PAGE FOLLOWS]
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Packet Pg. 259 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2)
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Packet Pg. 260 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
Residential Service
1a. Residential Basic Level Recyclable Materials 35, 60, 90 gallon (1st Cart) per month 1.13 2.98 0.16 4.27 1a. Residential Basic Level Recyclable Materials Additional Cart* per month 1.13 2.98 0.16 4.27 1b. Residential Basic Level Organic Waste 35, 60, 90 gallon (1st Cart) per month 3.58 ‐ 2.89 6.47 1b. Residential Basic Level Organic Waste Additional Cart* per month 3.58 ‐ 2.89 6.47 1c. Residential Basic Level MSW 35, 60, 90 gallon (1st Cart) per month 5.42 ‐ 3.89 9.31 1c. Residential Basic Level MSW Additional Cart per month 5.42 ‐ 3.89 9.31 * (This charge applies only after a resident has received 2 additional Carts free of charge (i.e. upon the request for a 4th Cart). ** (Organic Waste Carts shall be used for Stable Bedding and Manure at the rates provided in 1b above). 2a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 1 pick‐up per week per month 73.06 39.75 ‐ 112.81 2a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 2 pick‐ups per week per month 105.70 78.48 ‐ 184.18 2a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 3 pick‐ups per week per month 126.53 115.22 ‐ 241.752a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 4 pick‐ups per week per month 158.23 152.59 ‐ 310.822a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 5 pick‐ups per week per month 178.50 178.38 ‐ 356.882a. Residential Stable Bedding and Manure 3 Cubic Yard Bin 6 pick‐ups per week per month 199.05 203.89 ‐ 402.94 HOA Stable Bedding and Manure Recycling Service
3a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 1 pick‐up per week per month 16.27 6.73 ‐ 23.00 3a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 2 pick‐ups per week per month 32.46 13.45 ‐ 45.91 3a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 3 pick‐ups per week per month 48.75 20.15 ‐ 68.903a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 4 pick‐ups per week per month 64.98 26.87 ‐ 91.853a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 5 pick‐ups per week per month 81.22 33.60 ‐ 114.82 3a. HOA Stable Bedding and Manure Recycling 90 Gallon Cart 6 pick‐ups per week per month 97.45 40.34 ‐ 137.793b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 1 pick‐up per week per month 63.31 22.96 ‐ 86.27 3b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 2 pick‐ups per week per month 115.41 57.14 ‐ 172.55 3b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 3 pick‐ups per week per month 136.10 82.60 ‐ 218.703b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 4 pick‐ups per week per month 175.20 112.59 ‐ 287.793b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 5 pick‐ups per week per month 200.33 133.48 ‐ 333.813b. HOA Stable Bedding and Manure Recycling 2 Cubic Yard Bin 6 pick‐ups per week per month 225.73 154.13 ‐ 379.863c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 1 pick‐up per week per month 73.06 39.75 ‐ 112.81 3c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 2 pick‐ups per week per month 105.70 78.48 ‐ 184.18 3c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 3 pick‐ups per week per month 126.53 115.22 ‐ 241.753c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 4 pick‐ups per week per month 158.23 152.59 ‐ 310.823c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 5 pick‐ups per week per month 178.50 178.38 ‐ 356.883c. HOA Stable Bedding and Manure Recycling 3 Cubic Yard Bin 6 pick‐ups per week per month 199.05 203.89 ‐ 402.943d. HOA Stable Bedding and Manure Recycling 10 Cubic Yard Roll‐off per pull per pull 126.96 132.04 ‐ 259.00 3e. HOA Stable Bedding and Manure Recycling 20 Cu. Yard Roll‐Off per pull per pull 126.96 132.04 ‐ 259.00 3f. HOA Stable Bedding and Manure Recycling 30 Cu. Yard Roll‐Off per pull per pull 126.96 132.04 ‐ 259.00
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Packet Pg. 261
Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
3g. HOA Stable Bedding and Manure Recycling 40 Cubic Yard Roll‐off per pull per pull 126.96 132.04 ‐ 259.00 Commercial and Multi‐family Recyclable Materials Service 4a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 1 pick‐up per week per month 14.83 4.25 0.22 19.30 4a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 2 pick‐ups per week per month 29.71 8.47 0.47 38.65 4a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 3 pick‐ups per week per month 44.54 12.71 0.71 57.964a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 4 pick‐ups per week per month 59.42 16.96 0.94 77.324a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 5 pick‐ups per week per month 74.22 21.22 1.17 96.614a. Commercial/Multi‐family Recyclable Materials 35 Gallon Cart 6 pick‐ups per week per month 89.11 25.44 1.40 115.95 4b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 1 pick‐up per week per month 14.83 5.67 0.34 20.84 4b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 2 pick‐ups per week per month 29.72 11.34 0.65 41.71 4b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 3 pick‐ups per week per month 44.57 17.01 0.98 62.564b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 4 pick‐ups per week per month 59.47 22.69 1.26 83.424b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 5 pick‐ups per week per month 74.30 28.35 1.62 104.27 4b. Commercial/Multi‐family Recyclable Materials 60 Gallon Cart 6 pick‐ups per week per month 89.17 34.04 1.91 125.124c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 1 pick‐up per week per month 14.85 7.09 0.41 22.35 4c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 2 pick‐ups per week per month 29.73 14.16 0.79 44.68 4c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 3 pick‐ups per week per month 44.60 21.29 1.20 67.094c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 4 pick‐ups per week per month 59.50 28.36 1.63 89.494c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 5 pick‐ups per week per month 74.34 35.46 2.02 111.82 4c. Commercial/Multi‐family Recyclable Materials 90 Gallon Cart 6 pick‐ups per week per month 89.24 42.54 2.40 134.184d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 1 pick‐up per week per month 32.90 12.31 0.86 46.07 4d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 2 pick‐ups per week per month 49.43 27.15 1.91 78.49 4d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 3 pick‐ups per week per month 76.82 42.21 2.99 122.02 4d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 4 pick‐ups per week per month 97.15 53.40 3.79 154.344d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 5 pick‐ups per week per month 117.54 64.59 4.56 186.694d. Commercial/Multi‐family Recyclable Materials 2 Cubic Yard Bin 6 pick‐ups per week per month 137.87 75.76 5.39 219.024e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 1 pick‐up per week per month 33.98 19.06 1.35 54.39 4e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 2 pick‐ups per week per month 46.40 38.28 2.72 87.40 4e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 3 pick‐ups per week per month 66.08 54.51 3.87 124.46 4e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 4 pick‐ups per week per month 93.44 77.06 5.48 175.984e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 5 pick‐ups per week per month 113.15 93.31 6.64 213.104e. Commercial/Multi‐family Recyclable Materials 3 Cubic Yard Bin 6 pick‐ups per week per month 138.09 113.79 8.11 259.994f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 1 pick‐up per week per month 41.76 23.46 1.67 66.89 4f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 2 pick‐ups per week per month 59.55 49.10 3.51 112.16 4f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 3 pick‐ups per week per month 86.65 71.47 5.07 163.194f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 4 pick‐ups per week per month 112.21 92.56 6.58 211.354f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 5 pick‐ups per week per month 137.76 113.61 8.09 259.464f. Commercial/Multi‐family Recyclable Materials 4 Cubic Yard Bin 6 pick‐ups per week per month 163.33 134.72 9.60 307.65
6.1.a
Packet Pg. 262
Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
4g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 1 pick‐up per week per month 41.72 35.79 2.55 80.06 4g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 2 pick‐ups per week per month 60.79 81.71 5.83 148.33 4g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 3 pick‐ups per week per month 83.56 119.64 8.53 211.734g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 4 pick‐ups per week per month 99.66 147.60 10.54 257.804g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 5 pick‐ups per week per month 118.20 178.70 12.76 309.664g. Commercial/Multi‐family Recyclable Materials 6 Cubic Yard Bin 6 pick‐ups per week per month 143.34 219.76 15.67 378.77 Commercial and Multi‐Family MSW Service
5a. Commercial/Multi‐family MSW 35 Gallon Cart 1 pick‐up per week per month 24.94 2.28 3.99 31.21 5a. Commercial/Multi‐family MSW 35 Gallon Cart 2 pick‐ups per week per month 49.81 4.53 7.99 62.33 5a. Commercial/Multi‐family MSW 35 Gallon Cart 3 pick‐ups per week per month 74.75 6.80 11.98 93.535a. Commercial/Multi‐family MSW 35 Gallon Cart 4 pick‐ups per week per month 99.64 9.04 15.99 124.67 5a. Commercial/Multi‐family MSW 35 Gallon Cart 5 pick‐ups per week per month 124.56 11.33 19.95 155.845a. Commercial/Multi‐family MSW 35 Gallon Cart 6 pick‐ups per week per month 149.47 13.59 23.96 187.025b. Commercial/Multi‐family MSW 60 Gallon Cart 1 pick‐up per week per month 27.56 2.71 4.81 35.08 5b. Commercial/Multi‐family MSW 60 Gallon Cart 2 pick‐ups per week per month 55.08 5.42 9.59 70.095b. Commercial/Multi‐family MSW 60 Gallon Cart 3 pick‐ups per week per month 82.63 8.13 14.39 105.15 5b. Commercial/Multi‐family MSW 60 Gallon Cart 4 pick‐ups per week per month 110.16 10.84 19.22 140.225b. Commercial/Multi‐family MSW 60 Gallon Cart 5 pick‐ups per week per month 137.72 13.54 23.99 175.255b. Commercial/Multi‐family MSW 60 Gallon Cart 6 pick‐ups per week per month 165.21 16.25 28.81 210.295c. Commercial/Multi‐family MSW 90 Gallon Cart 1 pick‐up per week per month 30.17 3.17 5.57 38.91 5c. Commercial/Multi‐family MSW 90 Gallon Cart 2 pick‐ups per week per month 60.30 6.34 11.19 77.835c. Commercial/Multi‐family MSW 90 Gallon Cart 3 pick‐ups per week per month 90.51 9.50 16.76 116.77 5c. Commercial/Multi‐family MSW 90 Gallon Cart 4 pick‐ups per week per month 120.68 12.68 22.36 155.725c. Commercial/Multi‐family MSW 90 Gallon Cart 5 pick‐ups per week per month 150.85 15.84 27.93 194.625c. Commercial/Multi‐family MSW 90 Gallon Cart 6 pick‐ups per week per month 181.01 18.56 33.55 233.125d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 1 pick‐up per week per month 90.24 9.05 16.03 115.325d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 2 pick‐ups per week per month 138.08 18.96 33.42 190.465d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 3 pick‐ups per week per month 169.46 28.48 50.33 248.275d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 4 pick‐ups per week per month 212.78 37.88 66.91 317.575d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 5 pick‐ups per week per month 256.19 47.28 83.47 386.945d. Commercial/Multi‐family MSW 2 Cubic Yard Bin 6 pick‐ups per week per month 299.53 56.67 100.05 456.255e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 1 pick‐up per week per month 91.25 13.75 24.29 129.29 5e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 2 pick‐ups per week per month 136.22 28.01 49.47 213.70 5e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 3 pick‐ups per week per month 166.87 42.06 74.29 283.225e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 4 pick‐ups per week per month 209.48 55.91 98.79 364.185e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 5 pick‐ups per week per month 252.16 69.77 123.23 445.165e. Commercial/Multi‐family MSW 3 Cubic Yard Bin 6 pick‐ups per week per month 301.29 85.44 150.91 537.64
6.1.a
Packet Pg. 263
Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
5f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 1 pick‐up per week per month 118.15 17.80 31.46 167.415f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 2 pick‐ups per week per month 145.59 37.20 65.73 248.52 5f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 3 pick‐ups per week per month 201.82 54.51 96.28 352.615f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 4 pick‐ups per week per month 243.34 72.97 128.93 445.245f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 5 pick‐ups per week per month 284.83 91.47 161.56 537.865f. Commercial/Multi‐family MSW 4 Cubic Yard Bin 6 pick‐ups per week per month 326.33 109.94 194.21 630.485g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 1 pick‐up per week per month 106.76 28.29 49.95 185.005g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 2 pick‐ups per week per month 150.28 56.51 99.86 306.655g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 3 pick‐ups per week per month 184.11 86.23 152.32 422.665g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 4 pick‐ups per week per month 225.09 113.28 200.17 538.545g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 5 pick‐ups per week per month 266.28 140.31 247.85 654.445g. Commercial/Multi‐family MSW 6 Cubic Yard Bin 6 pick‐ups per week per month 316.84 172.27 304.42 793.53 Commercial/Multi‐family Split Bin Service
6a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 1 pick‐up per week per month 90.24 5.10 0.65 95.99 6a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 2 pick‐ups per week per month 138.08 10.66 1.44 150.18 6a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 3 pick‐ups per week per month 169.45 16.02 2.25 187.726a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 4 pick‐ups per week per month 212.78 21.32 2.84 236.946a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 5 pick‐ups per week per month 256.19 26.59 3.41 286.196a. Commercial/Multi‐family MSW 1.5 Yard (3‐yard split) 6 pick‐ups per week per month 299.53 31.88 3.63 335.046b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 1 pick‐up per week per month 32.90 6.92 0.65 40.47 6b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 2 pick‐ups per week per month 49.43 15.27 1.44 66.14 6b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 3 pick‐ups per week per month 76.81 23.74 2.25 102.80 6b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 4 pick‐ups per week per month 97.16 30.04 2.84 130.046b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 5 pick‐ups per week per month 117.54 36.33 3.41 157.286b. Commercial/Multi‐family Recyclable Materials 1.5 Yard (3‐yard split) 6 pick‐ups per week per month 137.87 42.61 4.05 184.536c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 1 pick‐up per week per month 90.24 9.05 16.03 115.32 6c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 2 pick‐ups per week per month 138.08 18.96 33.42 190.46 6c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 3 pick‐ups per week per month 169.46 28.48 50.33 248.276c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 4 pick‐ups per week per month 212.78 37.88 66.91 317.576c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 5 pick‐ups per week per month 256.19 47.28 83.47 386.946c. Commercial/Multi‐family MSW 2 Yard (4‐yard split) 6 pick‐ups per week per month 299.53 56.67 100.05 456.256d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 1 pick‐up per week per month 32.90 12.31 0.86 46.07 6d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 2 pick‐ups per week per month 49.43 27.15 1.91 78.49 6d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 3 pick‐ups per week per month 76.82 42.21 2.99 122.02 6d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 4 pick‐ups per week per month 97.15 53.40 3.79 154.346d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 5 pick‐ups per week per month 117.54 64.59 4.56 186.696d. Commercial/Multi‐family Recyclable Materials 2 Yard (4‐yard split) 6 pick‐ups per week per month 137.87 75.76 5.39 219.02
6.1.a
Packet Pg. 264
Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
Commercial/Multi‐family Organic Waste Service
7a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 1 pick‐up per week 14.83 4.25 0.22 19.30 7a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 2 pick‐ups per week 8.47 29.71 0.47 38.65 7a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 3 pick‐ups per week 12.71 44.54 0.71 57.967a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 4 pick‐ups per week 16.96 59.42 0.94 77.327a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 5 pick‐ups per week 21.22 74.22 1.17 96.617a. Commercial/Multi‐family Organic Waste 35 Gallon Cart 6 pick‐ups per week 25.44 89.11 1.40 115.957b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 1 pick‐up per week 14.83 5.67 0.34 20.847b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 2 pick‐ups per week 11.34 29.72 0.65 41.717b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 3 pick‐ups per week 17.01 44.57 0.98 62.567b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 4 pick‐ups per week 22.69 59.47 1.26 83.427b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 5 pick‐ups per week 28.35 74.30 1.62 104.277b. Commercial/Multi‐family Organic Waste 60 Gallon Cart 6 pick‐ups per week 34.04 89.17 1.91 125.127c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 1 pick‐up per week 32.90 12.31 0.86 46.077c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 2 pick‐ups per week 27.15 49.43 1.91 78.497c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 3 pick‐ups per week 42.21 76.82 2.99 122.027c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 4 pick‐ups per week 53.40 97.15 3.79 154.347c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 5 pick‐ups per week 64.59 117.54 4.56 186.69 7c. Commercial/Multi‐family Organic Waste 2 Cubic Yard Bin 6 pick‐ups per week 75.76 137.87 5.39 219.02 Source‐Separated (Type‐Separated) Recycling Service
8c. Source‐Separated Recycling 35 Gallon Cart 1 pick‐up per week per month 15.12 ‐ ‐ 15.12 8c. Source‐Separated Recycling 35 Gallon Cart 2 pick‐ups per week per month 30.18 ‐ ‐ 30.18 8c. Source‐Separated Recycling 35 Gallon Cart 3 pick‐ups per week per month 45.28 ‐ ‐ 45.288c. Source‐Separated Recycling 35 Gallon Cart 4 pick‐ups per week per month 60.37 ‐ ‐ 60.378c. Source‐Separated Recycling 35 Gallon Cart 5 pick‐ups per week per month 75.47 ‐ ‐ 75.478c. Source‐Separated Recycling 35 Gallon Cart 6 pick‐ups per week per month 90.57 ‐ ‐ 90.578b. Source‐Separated Recycling 60 Gallon Cart 1 pick‐up per week per month 16.92 ‐ ‐ 16.92 8b. Source‐Separated Recycling 60 Gallon Cart 2 pick‐ups per week per month 33.85 ‐ ‐ 33.85 8b. Source‐Separated Recycling 60 Gallon Cart 3 pick‐ups per week per month 50.77 ‐ ‐ 50.778b. Source‐Separated Recycling 60 Gallon Cart 4 pick‐ups per week per month 67.70 ‐ ‐ 67.708b. Source‐Separated Recycling 60 Gallon Cart 5 pick‐ups per week per month 84.58 ‐ ‐ 84.588b. Source‐Separated Recycling 60 Gallon Cart 6 pick‐ups per week per month 101.53 ‐ ‐ 101.53 8c. Source‐Separated Recycling 90 Gallon Cart 1 pick‐up per week per month 18.71 ‐ ‐ 18.718c. Source‐Separated Recycling 90 Gallon Cart 2 pick‐ups per week per month 37.36 ‐ ‐ 37.36 8c. Source‐Separated Recycling 90 Gallon Cart 3 pick‐ups per week per month 56.06 ‐ ‐ 56.068c. Source‐Separated Recycling 90 Gallon Cart 4 pick‐ups per week per month 74.75 ‐ ‐ 74.758c. Source‐Separated Recycling 90 Gallon Cart 5 pick‐ups per week per month 93.42 ‐ ‐ 93.428c. Source‐Separated Recycling 90 Gallon Cart 6 pick‐ups per week per month 112.13 ‐ ‐ 112.13
6.1.a
Packet Pg. 265
Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
8d. Source‐Separated Recycling 2 Cubic Yard Bin 1 pick‐up per week per month 35.85 ‐ ‐ 35.85 8d. Source‐Separated Recycling 2 Cubic Yard Bin 2 pick‐ups per week per month 58.80 ‐ ‐ 58.80 8d. Source‐Separated Recycling 2 Cubic Yard Bin 3 pick‐ups per week per month 85.27 ‐ ‐ 85.278d. Source‐Separated Recycling 2 Cubic Yard Bin 4 pick‐ups per week per month 106.82 ‐ ‐ 106.82 8d. Source‐Separated Recycling 2 Cubic Yard Bin 5 pick‐ups per week per month 128.38 ‐ ‐ 128.388d. Source‐Separated Recycling 2 Cubic Yard Bin 6 pick‐ups per week per month 149.55 ‐ ‐ 149.558e. Source‐Separated Recycling 3 Cubic Yard Bin 1 pick‐up per week per month 45.39 ‐ ‐ 45.398e. Source‐Separated Recycling 3 Cubic Yard Bin 2 pick‐ups per week per month 68.11 ‐ ‐ 68.11 8e. Source‐Separated Recycling 3 Cubic Yard Bin 3 pick‐ups per week per month 113.48 ‐ ‐ 113.48 8e. Source‐Separated Recycling 3 Cubic Yard Bin 4 pick‐ups per week per month 138.08 ‐ ‐ 138.088e. Source‐Separated Recycling 3 Cubic Yard Bin 5 pick‐ups per week per month 143.64 ‐ ‐ 143.648e. Source‐Separated Recycling 3 Cubic Yard Bin 6 pick‐ups per week per month 172.58 ‐ ‐ 172.588f. Source‐Separated Recycling 4 Cubic Yard Bin 1 pick‐up per week per month 50.19 ‐ ‐ 50.198f. Source‐Separated Recycling 4 Cubic Yard Bin 2 pick‐ups per week per month 100.35 ‐ ‐ 100.358f. Source‐Separated Recycling 4 Cubic Yard Bin 3 pick‐ups per week per month 150.55 ‐ ‐ 150.558f. Source‐Separated Recycling 4 Cubic Yard Bin 4 pick‐ups per week per month 200.73 ‐ ‐ 200.738f. Source‐Separated Recycling 4 Cubic Yard Bin 5 pick‐ups per week per month 250.91 ‐ ‐ 250.918f. Source‐Separated Recycling 4 Cubic Yard Bin 6 pick‐ups per week per month 299.16 ‐ ‐ 299.168g. Source‐Separated Recycling 6 Cubic Yard Bin 1 pick‐up per week per month 67.88 ‐ ‐ 67.888g. Source‐Separated Recycling 6 Cubic Yard Bin 2 pick‐ups per week per month 143.83 ‐ ‐ 143.838g. Source‐Separated Recycling 6 Cubic Yard Bin 3 pick‐ups per week per month 212.85 ‐ ‐ 212.858g. Source‐Separated Recycling 6 Cubic Yard Bin 4 pick‐ups per week per month 235.88 ‐ ‐ 235.888g. Source‐Separated Recycling 6 Cubic Yard Bin 5 pick‐ups per week per month 281.86 ‐ ‐ 281.868g. Source‐Separated Recycling 6 Cubic Yard Bin 6 pick‐ups per week per month 362.43 ‐ ‐ 362.438h. Source‐Separated Recycling 10 Cubic Yard Roll‐Off 1 pick‐up per week per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
8i. Source‐Separated Recycling 40 Cubic Yard Roll‐Off 1 pick‐up per week per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
Permanent Container Service
9a. Permanent Compactor and Roll Off Box 10 Cu. Yd. Compactor On‐call or Scheduled Serviceper pull 245.69 50.77 ‐ 245.69+
50.77/ ton
9b. Permanent Compactor and Roll Off Box 40 Cu. Yd. Compactor On‐call or Scheduled Serviceper pull 245.69 50.77 ‐ 245.69+
50.77/ ton
9c. Permanent Compactor and Roll Off Box 10 Cu. Yd. Roll Off Box On‐call or Scheduled Serviceper pull 219.70 50.77 ‐ 219.7+
50.77/ ton
9d. Permanent Compactor and Roll Off Box 40 Cu. Yd. Roll Off Box On‐call or Scheduled Serviceper pull 219.70 50.77 ‐ 219.7+
50.77/ ton
6.1.a
Packet Pg. 266
Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
Temporary Container Service
10a. Temporary Bin and Roll‐Off Box 2 Cubic Yard Bin per pull 104. 5.59 78 9.82 120.19 10b. Temporary Bin and Roll‐Off Box 3 Cu. Yard Cub per pull 104.86 8.38 14.77 128.0110c. Temporary Bin and Roll‐Off Box 6 Cubic Yard Bin per pull 105. 16.78 09 29.58 151.45 10d. Temporary Bin and Roll‐Off Box 10 Cu. Yd. Roll Off per pull 2 50.77 19.70 ‐ 219.7+
50.77/ ton
10e. Temporary Bin and Roll‐Off Box 20 Cubic Yard Roll‐Off per pull 219.70 25.40 ‐ 219.7+
25.4/ ton
10f. Temporary Bin and Roll‐Off Box 30 Cubic Yard Roll‐Off per pull 219.70 38.07 ‐ 219.7+
38.07/ ton
10g. Temporary Bin and Roll‐Off Box 40 Cu. Yd. Roll Off per pull 2 50.77 19.70 ‐ 219.7+
50.77/ ton
COD Service
11a. COD Roll‐Off ‐ up to 6 tons (over 6 tons billed @$38/ton) 40 cubic yard bin per pull 225.69 303.91 ‐ 529.6011b. COD Roll‐Off ‐ up to 8 tons (over 8 tons billed @$38/ton) 10 cubic yard bin per pull 221.47 397.67 ‐ 619.14 Special Event Service
12a. Special Event per container 2.72 6.62 4.84 14.18 12b. Special Event per container 3.18 6.61 5.62 15.4112c. Special Event per container 5.69 6.59 0.33 12.6112d. Special Event per container 7.12 6.60 0.41 14.1312e. Special Event per container 14.42 95.70 25.45 135.57 12f. Special Event per container 23.82 42.41 1.69 67.9212g. Special Event MSW 10 Cu.Yd. Roll‐off per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
12h. Special Event Recycling 10 Cu.Yd. Roll‐off per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
12i. Special Event MSW 40 Cu.Yd. Roll‐off per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
12j. Special Event Recycling 40 Cu.Yd. Roll‐off per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
Emergency Services
13a. 90 Gallon Cart per container 3.17 36.20 5.57 44.94 13b. 3 Cu. Yard Bin per container 14.41 114.72 25.44 154.57 13c. 10 Cu. Yard Roll‐off per pull 263.64 50.77 ‐ 263.64+
50.77/ ton
13d. 40 Cu. Yard Roll‐off per pull 263.64 50.77 ‐ 263.64+
50.77/ ton
MSW Cart (60 gallon) MSW Cart (90 gallon)Recyclable Materials or Organic Waste Cart (60 gallon Recyclable Materials or Organic Waste Cart (90 gallonMSW 3 Cu. Yard BinRecycling 3 Cu. Yard Bin
6.1.a
Packet Pg. 267
Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R EXHIBIT 1
Revised ATTACHMENT D
Collection Processing Disposal Total
Other Services & Special Services
14a. Residential Bulky Goods Collection Service (4 items per pick‐up: 2 free bulky Goods pick‐ups/yr) per pick‐up ‐ 33.03 ‐ 33.03 14b. Commercial Bulky Goods Collection Service (4 items per pick‐up) per pick‐up ‐ 59.45 ‐ 59.4514c. Residential Bulky Goods Collection for items containing Freon. per item ‐ ‐ ‐ ‐14d. Commercial Bulky Good Collection for items containing Freon. per item ‐ 59.45 ‐ 59.4514e. Residential Electronic Waste Collection per item ‐ ‐ ‐ ‐14f. Commercial Electronic Waste Collection per item ‐ 33.03 ‐ 33.0314g. Repair and Maintenance of Compactor per hour 97.69 ‐ ‐ 97.69 14h. Cart Exchange per cart ‐ ‐ ‐ ‐14i. Bin Locking Lids per month ‐ 19.81 ‐ 19.81 14j. Commercial Bin Wheel‐out Service (25' ‐ 50') per month ‐ 33.03 ‐ 33.0314k. Commercial Bin Wheel‐out Service (51' ‐ 75') per month ‐ 66.07 ‐ 66.0714l. per bin ‐ 51.52 ‐ 51.5214m. per cart ‐ 19.81 ‐ 19.8114n. Residential Backyard Wheel‐Out Service for customers providing a physician's note. ‐ ‐ ‐ ‐ 14o. Commercial Glass Recycling (35,60,90 gallon Carts) ‐ ‐ ‐ ‐ 14p. Commercial Bin Wheel‐Out Service for a distance less than 25 feet. ‐ ‐ ‐ ‐14q. Residential HHW Door Side Collection Service (2 pick‐ups/yr) ‐ ‐ ‐ ‐ 14r. Residential UW Door Side Collection Service (2 pick‐ups/yr) ‐ ‐ ‐ ‐ Compactor (Clean MRF Processing Recyclables) Service
15a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 1 pick‐up per week per month 109.16 36.11 63.82 209.0915a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 2 pick‐ups per week per month 154.00 72.32 127.81 354.13 15a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 3 pick‐ups per week per month 185.63 108.59 191.86 486.0815a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 4 pick‐ups per week per month 230.40 144.83 255.93 631.1615a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 5 pick‐ups per week per month 275.18 181.05 319.97 776.2015a. Compactor (Clean MRF Processing Recyclables) 3 Cu.Yard Compactor 6 pick‐ups per week per month 319.95 217.32 384.00 921.2715b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 1 pick‐up per week per month 109.30 47.15 83.31 239.76 15b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 2 pick‐ups per week per month 154.15 94.43 166.82 415.40 15b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 3 pick‐ups per week per month 185.82 141.77 250.47 578.0615b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 4 pick‐ups per week per month 230.64 189.04 334.00 753.6815b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 5 pick‐ups per week per month 275.45 236.35 417.61 929.4115b. Compactor (Clean MRF Processing Recyclables) 4 Cu.Yard Compactor 6 pick‐ups per week per month 320.28 283.67 501.17 1,105.12 15c. Compactor (Clean MRF Processing Recyclables) 10 Cu. Yard Compactor per pull 219.70 25.40 ‐ 219.7+
25.4/ ton
15d. Compactor (Clean MRF Processing Recyclables) 20 Cu. Yard Compactor per pull 219.70 31.73 ‐ 219.7+
31.73/ ton
15e. Compactor (Clean MRF Processing Recyclables) 30 Cu. Yard Compactor per pull 219.70 38.07 ‐ 219.7+
38.07/ ton
15f. Compactor (Clean MRF Processing Recyclables) 40 Cu. Yard Compactor per pull 219.70 50.77 ‐ 219.7+
50.77/ ton
Additional Cart pick‐up Request (For Cart services listed under numbers: 2, 3, 4, 5, 6, 7)Additional Bin pick‐up Request (For Bin services listed under numbers: 2, 3, 4, 5, 6, 7)
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Attachment A – Page 1
Attachment A
Definitions
“AB 939” or “Act” means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery, or its successor.
“Affiliate” means any Person which is related to the Contractor by virtue of a direct or indirect ownership interest or common management. Affiliates include (1) a Person in which the Contractor has a direct or indirect ownership interest, (2) a Person which has a direct or indirect ownership interest in Contractor, and (3) a Person which is owned or controlled by any person which has a direct or indirect ownership interest in Contractor.
For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of the Internal Revenue Code, in effect as of the Effective Date, shall apply except that “ten percent (10%)” shall be substituted for “fifty percent (50%)” in Section 318(a)(2)(C) and Section 318(a)(3)(C). “Alternative Fuel Vehicle” means a vehicle whose engine uses a fuel other than gasoline or diesel fuel, such as compressed natural gas (CNG) or other fuel with comparably low emissions of air pollutants regulated under the federal Clean Air Act, 42 U.S.C. Section 7401 et seq. or the California Clean Air Act, Health and Safety Code Section 39000 et seq.
“Anaerobic Digestion Facility” (“AD Facility”) means a facility that uses a biological process that decomposes organic matter in an environment with little or no oxygen resulting in a biogas and a liquid/solid stream called anaerobic digestate. The decomposition occurs in a four-step process: hydrolysis, acidogenesis, acetogenesis, and methanogenesis to break down organic matter into methane, carbon dioxide, water and anaerobic digestate/residuals.
“Authorized Recycling Agent” has the meaning set forth in Public Resources Code Section 40105.
“Bioengineered Feedstock” means a mixture of materials utilized in wastewater treatment plants (WWTP’s) or publicly owned treatment works (POTW’s) to produce biogas. (This process is also referred to as “wet anaerobic digestion”.) Bioengineered Feedstock may include primary and/or secondary sludge, greases from the WWTP grease trap, and organic materials such as Food Scraps from households or other organic materials from industries that have been pre-treated and liquefied to the required consistency.
“Bioengineered Feedstock Facility” means a Processing Facility that accepts Food Scraps and other Bioengineered Feedstock, chops, macerates or otherwise size-reduces the incoming materials, mixes the material with liquid and produces a slurry which is
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then transported or otherwise delivered to a wastewater treatment plant or similar facility for use as a Bioengineered Feedstock to produce methane. “Biomass Conversion Facility” (Biomass) means a facility which uses the controlled combustion of the following materials (when separated from MSW) to produce electricity or heat: (1) agricultural crop residues; (2) bark, lawn, yard and garden clippings; (3) leaves, silviculture residue, tree and brush prunings; (4) Wood, Wood chips and Wood waste; or (5) non-recyclable pulp or non-recyclable paper. “Bin” or “Bins” means open top rectangular metal Containers with wheels, with or without plastic or metal lids, used for storage of MSW or Divertable Materials Collected by Contractor. Typical sizes of Bins include 1.5 cubic yards, 2 cubic yards, 3 cubic yards, 4 cubic yards and 6 cubic yards. Bins are Collected by a front load vehicle equipped with metal forks that are inserted into metal channels on either side of the Bin in order to lift the Bin, empty the contents into the body of the vehicle, and return the Bin to the ground.
“Bulky Goods” means furniture, household or industrial appliances, mattresses, shipping crates and containers, oversized yard waste such as tree trunks and large branches if no larger than two feet (2’) in diameter and four feet (4’) in length, and other large, bulky or heavy objects not normally discarded on a regular basis at Residential Premises and Commercial and Business Establishments.
“Cart” means a Container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of 35 gallons, 60-67 gallons, and 90-100 gallons. “Cathode Ray Tubes” or “CRTs” means a computer or television monitor with the yoke still attached that has been separated from an electronic device. “City” means the City of Laguna Hills, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term.
“Clean Materials Recovery Facility” or “Clean MRF” means a MRF, or that portion of a MRF that processes Recyclable Materials such as Single-Material Recyclables and Single Stream Recyclable Materials, containing no more than the maximum residue allowed by CalRecycle permit regulations (10% residue). “Clean Up Bin” or “CUB” means a 3 cubic yard open top metal Container without wheels for temporary service to store and transport MSW or Divertable Materials. CUBs are Collected using roll-off trucks.
“Co-Collection” or “Co-Collected” means the Collection of more than one waste stream in one Container. For example, the Collection of Food Scraps and Yard Trimmings in one green Container.
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“Collection” or “Collect” means the taking of physical possession of MSW, Divertable Materials, Recyclable Materials, Yard Trimmings, Food Scraps, Construction and Demolition Debris or other materials from Customers, and their transport to a Processing Facility, transfer station or landfill. Collect also means “Collected” or “Collecting.” “Commercial and Business Establishments” means all hotels, motor courts, restaurants, offices or office buildings, federal, state and local government offices (excluding schools) stores, warehouses, factories, and all other Premises used for other than dwelling houses.
“Commercial Premises” means any premises occupied by stores, offices, and other commercial facilities providing goods or services and, solely for purposes of this Contract, dwelling units in residential developments wherein such dwelling units are not provided individual Collection service nor individually billed by Contractor but are instead serviced through central Collection by Containers and billed by a Homeowners Association or Property Manager.
“Commingled Recyclables” or “Commingled Recyclable Materials” means the storage and Collection of Recyclable Materials in one Container. “Compactor” means an enclosed rectangular or square metal container containing a ram rod to condense and compress the contents and are typically used to store MSW or Divertable Materials. Compactors may be small (3 cubic yards and 4 cubic yards) for use on Commercial Premises, or large (10 cubic yards, 20 cubic yards, 30 cubic yards and 40 cubic yards) for use at large commercial businesses, construction sites, hotels, supermarkets and other large retail stores. Compactors are transported by a special vehicle equipped with hooks and a winch to pull the Compactor on to the flat bed of the vehicle.
“Compost” is the product resulting from the controlled biological decomposition of organic material that are Source Separated from the MSW stream and that has been sanitized through the generation of heat and processed to further reduce pathogens’ (PFRP), as defined by the U.S. EPA (Code of Federal Regulations Title 40, Part 503, Appendix B, Section B), and stabilized to the point that it is beneficial to plant growth.
Compost bears little physical resemblance to the raw material from which it originated.
Compost is an organic matter source that has the unique ability to improve the chemical, physical, and biological characteristics of soils or growing media. It contains plant nutrients but is typically not characterized as a fertilizer. “Composting” means the creation of Compost.
“Compost Facility” means a facility that processes one or more of the following that have been Source Separated from MSW, Food Scraps, Yard Trimmings, Wood, and Food-Soiled Paper such as paper napkins and paper towels by means of outdoor windrow Composting, aerated static pile Composting, covered Composting, vermiculture, or other
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outdoor Composting methods or covered Composting with use of either finished Compost or fabric, synthetic or other type(s) of cover(s) applied to the Composting piles. “Construction and Demolition Debris” or “C&D” includes building materials such as Wood, sheetrock, metals, concrete, asphalt, dirt, Yard Trimmings from grubbing, packaging and rubble resulting from Construction, remodeling, repair or Demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements.
“Construction and Demolition (C&D) Processing Facility” means a facility that accepts waste building materials, packaging, and rubble for separation. Materials separated may be further processed to prepare them for sale or re-use (e.g. removing nails from Wood, grinding of concrete and asphalt). The facility then markets the materials for re-use.
“Containers” means any object designed and used to hold MSW or Divertable Materials to be Collected by the Contractor. Containers include Carts, Bins, clean-up Bins (CUBs), open-top Roll Off Boxes, and Compactors.
“Contamination” means materials which are not specified for Collection in particular Containers and Receptacles or for processing at any Processing Facility and which would either interfere with such processing or reduce the quality and value of the Recovered Materials. For example, metals and plastics constitute “Contamination” if placed in a Food Scraps and Yard Trimmings Container (or green Container). Tree trimmings or Food Scraps constitute “Contamination” if placed in a Recyclable Materials Container (or brown/blue Container). Contamination of MSW means the presence of Divertable Materials in the MSW Container (or gray Container) such as Recyclable Materials, Food Scraps, Construction and Demolition Debris, and/or Yard Trimmings.
Food Scraps placed in a brown Container does not constitute “Contamination” if the City directs for further segregation of Multi-Family and Commercial and Business Establishment’s Organic Waste in accordance to the City’s Mandatory Recycling Ordinance.
“Contaminate” means the act of “Contamination.”
“Contract” means this Contract between the City and Contractor dated as of September 28, 2005, including all attachments, and any amendments hereto. “Contractor” means CR&R, Incorporated. The Contractor is the City’s authorized recycling agent.
“Construction” means the building, rehabilitation, remodeling, renovation or repair of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
“County” means the County of Orange.
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“Customer” see “Generator.”
“Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
“Disposal” means the burying of MSW at a permitted Disposal Site. “Disposal Site” means the City-designated Landfill(s), transfer station(s) or other facility(ies) used for the disposal of MSW.
“Diversion” or “Divert” means any combination of Recycling, sorting, Composting, and/or other processing activities conducted at a Clean MRF, a Compost Facility, an Anaerobic Digestion Facility, a Bioengineered Feedstock Facility, a Construction and Demolition Debris Processing Facility or another City-approved Processing Facility in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution or to otherwise return the materials to the economic marketplace and to prevent the materials from being disposed in a landfill.
“Divertable Materials” or “Divertable” means Recyclable Materials, Food Scraps, Yard Trimmings, Wood, Construction and Demolition Debris, Special Collection Services materials, and all other materials that can be diverted from disposal. Divertable Materials includes, but is not limited to, all materials required to be Diverted from disposal by the City, CalRecycle or any state or federal agency. Divertable Materials includes Food Soiled Paper only when directed by the City. “Diversion Programs” means Collection of Recyclable Materials, Yard Trimmings, Food Scraps, Wood, Construction and Demolition Debris, and processing of said materials at a Clean MRF, a Compost Facility, a Construction and Demolition Debris processing facility or other Processing Facility. Diversion Programs include all City Special Collection Services and other programs; and programs supported by residents, Commercial and Business Establishments, or other Persons that have the effect of diverting materials from landfill. Diversion Programs includes all of the programs included in the Contract.
“Edible Food” means food intended for human consumption. Edible Food is not MSW if it is recovered and not discarded. Nothing in this Contract requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
“Effective Date” means the date identified in Section 3.01. “Electronic Waste” or “E-Waste” includes discarded video display devices such as a television screen, computer monitor, plasma television screen, computer CPU’s, LED screens and monitors, computer keyboards, computer mouse, printers, desk copiers, multi-function desktop machines (such as a combination printer/fax/copier), LED bulbs,
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Attachment A – Page 6
VCR’s, DVD/CD/tape players, cellular telephones, microwave ovens, toasters, irons, stereos and speakers, cables, scanners and all other corded appliances and corded devices. “Environmental Laws” means all federal and state statutes, county and city ordinances concerning public health, safety and the environment including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Federal Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Federal Clean Water Act, 33 U.S.C. Section 1251 et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. Section 11001 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the California Integrated Waste Management Act, California Public Resources Code Section 40000 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code Section 25100 et seq.; the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code Section 13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code Section 25249.5 et seq.; the California Clean Air Act, Health and Safety Code Sections 39000 et seq.; the California Hazardous Materials Response Plan and Inventory Act, Health and Safety Code Sections 25500 et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder. “Food Scraps” or “Food Waste” means material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from MSW. Food Scraps include surplus or unsold Edible Food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables and culls, and plate scrapings. Food Scraps includes, without limitation, Food Scraps from food facilities as defined in California Health and Safety Code Section 113789, food processing establishments (as defined in California Health and Safety Code Section 111955), Grocery Stores, farmer’s markets, institutional cafeterias (such as schools, hospitals and assisted living facilities), Restaurants, and Residential Food Scraps. Food Scraps does not include Food Soiled Paper.
“Food Soiled Paper” means material that has come in contact with food or liquid, such as, but not limited to, paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and food containers, greasy pizza boxes, paper bags, cardboard and wax-coated cardboard produce boxes. Food Soiled Paper does not include polystyrene, diapers, aluminum foil or foillined food wrap. “Food Waste Processing Facility” means the City approved Compost Facility used to process Food Scraps Collected by Contractor in the City. “Franchisee” means as defined in Chapter 5-32 of the Laguna Hills Municipal Code. “Fully Implemented” or “Fully Implement” means that Contractor has performed (1) all implementation steps (i) through (xii) as described in Sections 2.02.9 and 3.03.4 of
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Attachment B for a Customer and (2) the Diversion Program is operating at the Customer’s Premises as required by Attachment B and SB 1383. “Gate Fee” means the amount charged for delivery of materials to the City designated Disposal Site and Processing Facility.
“Generate” means to bring into existence or create, or to use, maintain or possess an item, material or product, the result of which such creation, bringing into existence, use, maintenance or possession is that the item, material or product first becomes, or is converted, transformed, evolved to, or deemed as MSW or Divertable Materials. “Generator” means the owner, occupant or user of Premises at which MSW or Divertable Materials is Generated and Collected by Contractor. “Green Waste”: See “Yard Trimmings.”
“Hazardous Waste” means as defined in Section 11.05 of the Contract. “Holiday Greenery” means clean organic green materials that are typically used for decorating during holidays, such as trees or wreaths.
“Homeowners Association” or “HOA” means a mandatory membership organization comprised of two or more homeowners for the maintenance of commonly owned real estate and improvements associated with Multi-Family developments comprised of detached homes, condominiums or townhouses.
“Household Hazardous Waste” or “HHW” means any Hazardous Waste generated incidental to owning or maintaining a place of residence. Household Hazardous Waste does not include any waste generated in the course of operating a business or commercial activity at a residence or at any Commercial and Business Establishment. Typical Household Hazardous Wastes include used motor oil and oil filters, antifreeze and other vehicle fluids, paints and varnishes, pesticides, herbicides, pool chemicals and cleaning supplies.
“Households Sharps Waste” means home-generated sharps, as defined in Section 117671 of the California Health & Safety Code, including hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications, which are generated by a Single-Family or Multi-Family residence. “Household Sharps Waste” does not include any waste generated in the course of operating a business concern at a residence, business generated waste, or medical waste not described herein.
“Including” means including but not limited to.
“Indemnitees” means the City, members of the City Council and other officers, employees, and agents.
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“Inspection” means a site visit where the City reviews records, Containers, receptacles, and an entity’s Collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with SB 1383 requirements. “Kitchen Pail” means a plastic receptacle with the specifications described in Attachment U, having a hinged closeable lid, suitable for use for temporary storage of Food Scraps that will later be placed into a Container for Collection. “Mandatory Recycling Ordinance” means Chapter 5-32 (Solid Waste and Recycling) of the City of Laguna Hills Municipal Code.
“Materials Recovery Facility” or “MRF” means a permitted facility that accepts and sorts Divertable Materials in order to segregate individual commodities for sale to end markets. A MRF typically provides additional processing of the segregated commodities to enhance their value to end users (e.g. color sorting of glass, baling of plastics, paper and cardboard, sorting lower paper grades from computer paper to enhance the value of the computer paper) and markets the commodities to end users. “Mobile Home Park” means any site, lot, field or tract of land upon which mobile homes, manufactured homes, or modular homes or a combination of any of these homes are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available.
“Multi-Family” means a building, dwelling unit or complex containing multiple dwelling units that house more than three residences. Apartment complexes, condominiums, townhouses and similar configured housing complexes are included.
Multi-Family does not include Single-Family residences, duplexes or tri-plexes. “Municipal Solid Waste” or “MSW” means the variable portion of all non-hazardous discarded materials that is left over after all Diversion Programs are utilized by the owners and/or occupants of all Premises in the City. The owners and/or occupants of all Premises within the City are provided with separate, designated Containers for MSW, Recyclable Materials, Yard Trimmings and Food Scraps ((with the exception of non-food generating Commercial and Business Establishments and Construction and Demolition Debris (where applicable)). The owners and occupants of all Premises separate and place discarded materials in the appropriate Container provided to their Premises. City provides Special Collection Services and third parties provide Diversion Programs for Diversion of household appliances, E-Waste, grease, fats, oils and other Divertable Materials. MSW is the material placed by owners and/or occupants in the MSW Container and does not include materials placed in the other Containers designated for Divertable Materials or Diverted via other Diversion Programs.
MSW does not include (1) Hazardous Waste, (2) low-level radioactive waste regulated under California Health and Safety Code Sections 25800, et seq., or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, California Health and Safety Code Sections 25015, et seq.
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“Organic Waste” or “Organic Materials” means Food Scraps and Yard Trimmings. “Producer’s Price Index” or “PPI” means the Producer Price Index for Finished Goods Less Food and Energy, not seasonally adjusted, issued by the United States Department of Labor, Bureau of Labor Statistics.
“Person” includes any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County, municipality or special purpose district or any other entity whatsoever. “Plastic Containers” means all plastics of resin numbers 1-7, specifically excluding expanded polystyrene (EPS).
“Premises” means any land or building in the City where MSW or Divertable Materials is generated or accumulated.
“Processing Facilities” means facilities where the following activities are conducted:
sorting, cleaning, treating, Composting, and reconstituting Collected materials and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards of the market place. Processing Facilities include Clean Materials Recovery Facility, Composting Facilities, Anaerobic Digestion Facilities, Bioengineered Feedstock Facilities, wastewater treatment plants, C&D sorting facilities, and concrete and asphalt grinding facilities.
Processing Facilities do not include waste-to-energy, Biomass, thermal destruction, or any type of Transformation facilities.
“Property Manager” means any person that manages and/or oversees the activities at, and services provided to, Premises that generate MSW and Divertable Materials. “Proposal” means the Proposal submitted by Contractor to City under cover of a letter dated August 26, 2005, presented in one (1) binders entitled: Proposal for Integrated Waste Management Services for the City of Laguna Hills. “Red/Green Tracking Spreadsheet” means the document used to track program implementation progress.
“Recovered Materials” means those materials that are processed at a Clean MRF, Compost Facility, Anaerobic Digestion Facility, Bioengineered Feedstock Facility, Construction and Demolition Debris processing facility or any other Processing Facility and thus Diverted from landfill disposal.
“Recyclable Materials” or “Recyclables” means material which otherwise would become, or be treated as, MSW but which, by means of a process of Collecting, sorting, cleansing, treating and reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the marketplace. Recyclable Materials includes, but is not limited to, paper, books, magazines, cardboard, boxes, plastics, metals, glass, and other similar
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materials authorized by the City for Collection by the Contractor. Recyclable Materials does not include Food Scraps, Yard Trimmings, or Construction and Demolition Debris. “Recycle” and “Recycling” mean the process of Collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become MSW and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards to be used in the marketplace. “Residential Premises” includes Single-Family dwellings, Multi-Family dwellings (such as townhouses, apartments, and condominiums) and Mobile Home Parks that are provided individual Collection service at each dwelling unit, whether by means of walkin or curbside Collection, and which may be individually billed by Contractor or billed, as part of a central billing process, by the HOA or Property Manager. “Residue” means the MSW destined for Disposal which remains after processing at a Processing Facility. The percent of residue is calculated by dividing the weight of the residue by the weight of the total materials delivered for processing at the facility. “Roll Off Boxes” means large open top rectangular metal Containers used to store and transport MSW or Divertable Materials. Roll Off Boxes are Collected using a special vehicle equipped with hooks and a winch to pull the box onto the flat bed of the truck for transport. Roll Off Boxes typically come in 10, 20, 30 and 40 cubic yard sizes. “Route Review” means a visual Inspection of Containers along a hauler’s Collection route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras. “SB 1066 Programs” or “1066 Programs” means those Diversion Programs that City is required to implement and maintain at specified operating levels by the California Department of Recourses Recycling and Recovery under its Source Reduction and Recycling Element.
“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
“Self-Haul” means the hauling of MSW or Divertable Materials to a Processing Facility or Disposal Site or other type of facility by a Generator, owner, or occupant of any Premises.
“Scout Service” means moving individual Containers of MSW, Recyclable Materials, Yard Trimmings and/or Food Scraps to a centralized location on the property where the Containers can be emptied by a Collection vehicle (i.e. frontloader) and then returned to their original locations. The Containers are moved by a pickup truck, motorized utility cart or other similar lightweight vehicle. Scout Service is used to save wear and tear on
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pavement in parking lots and driveways and to save Collection time. Instead of traveling to the location of each individual Container to empty the Container, the Collection vehicle (i.e. frontloader) only travels to one centralized location where the scout brings the full individual Collection Containers for pickup.
“Single-Family” means Single-Family residences, duplexes, tri-plexes, four-plexes or any residences that have individual Cart Collection service. “Single-Material Recyclables” means those Recyclable Materials which satisfy each of the following requirements: (1) have been segregated from MSW for handling different from that of MSW by or for the Generator thereof; (2) have been further segregated so that various types of Recyclable Materials, such as glass, metals, paper, cardboard, etc., are not commingled; and (3) after such segregation, contain no more than ten percent (10%) Contamination by weight.
“Single Stream Recyclable Materials” or “Single Stream Recyclables” means those Recyclable Materials collected as separated from MSW by the Generator and consisting of a mixture of metals, glass, plastics #1-7, and all paper grades from Single-Family Premises, Commercial Business Establishments and Multi-Family. Single Stream Recyclable Materials are distinguished from Single-Material Recyclables, which consist of only a single type of material, such as glass, separated from other Recyclables. “Source Separated” or “Source-Separated” means materials that have been separated or kept separate from the MSW stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different Container and/or receptacles for the purpose of Collection such that Source Separated materials are separated from MSW for the purposes of Collection and processing.
“Source and Type-Separated Recyclable Materials” means those Recyclable Materials which satisfy each of the following requirements: (1) have been segregated from MSW for handling different from that of MSW by or for the generator thereof; (2) have been further segregated so that various types of Recyclable Materials, such as glass, metals, paper, cardboard, etc., are not commingled; and (3) after such segregation, contain no more than ten percent (10%) by weight (measured by each load being transported, Collected and/or disposed) of any residual or contaminant material which cannot be Recycled, Composted or similarly utilized, and which instead must be disposed of as garbage or otherwise.
“Source Reduction” means any action that causes a net reduction in the generation of MSW. Source Reduction includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and
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Attachment A – Page 12
products, reducing packaging, reducing the amount of Organic Waste generated, establishing MSW Collection rate structures with incentives to reduce waste tonnage generated, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials.
“Source-Separated C&D Processing” means Source Separated streams of Construction and Demolition Debris, e.g. Wood, concrete, and soil from commercial accounts, selfhaul, and government agencies. “Special Collection Service” means programs, offered by the Contractor, for the Collection of Universal Waste, Household Hazardous Waste, Electronic Waste, Bulky Goods, Holiday Greenery, and other Diversion Programs.
“Stable Bedding and Manure” means straw, paper, hay, Wood shavings or other materials and excrement or droppings from horses, goats and other livestock that is removed from livestock pens, stalls and other facilities. “Term” means the term of this Contract as specified in Section 3.02, unless extended by City pursuant to Section 3.03.
“Ton” means a short ton of 2,000 pounds avoirdupois.
“Transformation” means incineration, pyrolysis, distillation, or biological conversion other than composting as defined in PRC section 40201 and does not include Composting, gasification, or biomass conversion. Transformation does not constitute Recycling for purposes of this Contract.
Universal Waste. “Universal Waste” means those hazardous wastes identified as universal wastes in Section 66261.9 of Title 22 of the California Code of Regulations, including but not limited to: fluorescent bulbs and tubes; household batteries (e.g. D, AA, button-type, etc.); non-empty aerosol cans; and mercury containing devices (e.g. thermometers, thermostats, gauges, etc.), and generated by a single family or multifamily residence. "Universal Waste" does not include any waste generated in the course of operating a business concern at a residence or business generated waste. "Universal Waste" may include electronic devices, which are subject to the unlimited curbside pickup specified in Section 4.5 (Electronic Waste Collection) of Attachment B of the Contract.
“Will” means “shall” whenever the context requires.
“Wood” means all non-hazardous Wood material that is not painted with lead-based or other paints containing materials identified as Hazardous Waste, or treated with creosote or other hazardous materials. Wood includes, but not limited to, tree branches and other Wood trimmings, dimensional lumber and other pieces of Wood generated during the manufacture or processing of Wood products, Wood generated as part of the harvesting or processing of raw woody crops, and the Wood debris from Construction and Demolition activities.
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Attachment A – Page 13
“Yard Trimmings” or “Yard Waste” means tree and shrub trimmings, grass cuttings, leaves, branches, and similar materials.
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ATTACHMENT B
SCOPE OF WORK FOR COLLECTION AND DIVERSION OPERATIONS
SECTION 1 - GENERAL REQUIREMENTS
1.1 General Requirements for Collection and Billing
The Contractor shall Collect, transport, and dispose of all Municipal Solid Waste (MSW) and shall Collect and Recycle all Divertable Materials which are placed for Collection at Residential, Commercial and Business Establishments and at City Facilities and events at which the MSW or Divertable Materials are Generated.
Contractor shall prepare bills for all Customers that clearly and accurately list rates in effect at the time services were provided or for the time period in which services will be provided. Bills shall fully explain and display all calculations of each charge except that portion of a Customer’s bill attributable to the City franchise fee. Such charges shall be at Contractor’s rates as established in Attachment D, as adjusted for inflation per the Contract. Any disputes related to charges to Customers shall be resolved by Contractor. Contractor shall submit to City, sixty (60) days prior to its use, a draft of bill format(s) and a line-item description for each charge, together with an example of a completed bill for an individually-serviced Residential Premises, a centrally-billed Multi-Family Premises, a Commercial and Business Establishment with Recycling Collection services, and a temporary Roll Off Box service for review and approval. Contractor shall also, at the same time as submittal of the draft above, submit a draft of a conveniently-sized listing of services and maximum rates in effect that may be distributed to, and retained for reference by, all Customers.
1.2 Changes in Collection Services.
Contractor shall be responsible for: (A) establishing services for new Customers; (B) stopping services and preparing a final billing on a pro rata basis for a Customer permanently discontinuing service; (C) suspending services at an individually-billed Residential Premises or Commercial and Business Establishments one time in a calendar year for a period of 60 calendar days for temporary vacation stops. [During temporary vacation stops, the Customer shall incur no charges for Collection services not provided and, if Customer is due refund and/or credit, timely
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refunding/crediting of payment made in advance of temporary vacation stops. If a temporary vacation stop request exceeds 60 calendar days, Contractor may arrange to pick-up the Containers from the Customer and require them to restart service as the account will be considered discontinued]; (D) accommodating modifications in the weekly frequency of Collection services for Commercial and Business Establishments on an as-needed basis.
Contractor shall, for approval of City, develop a procedure and confirmation form to document requests for commencement and termination of, and changes in, service. Customers shall be provided a copy of confirmation form noting effective date of start-up, change, suspension or termination in Collection services and other pertinent details, such as data of issuance of refund for services not provided but for which Customer has paid.
1.3 Changes in Scheduled Days of Collection.
Once a schedule of Collection days for MSW and/or Divertable Materials has been established for Residential Premises, the schedule shall not be changed without the prior written approval of City. Contractor shall request approval from City ninety (90) days prior to planned change in a scheduled day of Collection for Residential Premises. As a condition of approval of such a change, City may require Contractor, at Contractor’s sole expense, to notify residents of the change by first-class postage. All details and scheduling of such notice shall be subject to approval by the City.
Scheduled Collection days for MSW and/or Divertable Materials may be changed at the request of the occupant or Property Manager of any Commercial and Business Establishment, or MultiFamily Premises, without the approval of City. The City will determine the final schedule of Collection days, in the event a disagreement arises between Contractor and a Customer or MSW and/or Divertable Materials Generator at Commercial and Business Establishments or MultiFamily Premises.
1.4 Containers for the Collection of MSW and Divertable Materials.
Contractor shall be responsible for furnishing all Containers as detailed in Sections 1.04.1, 1.04.2, and 1.04.3. All Containers will be consistently color-coded.
The color-coding scheme shall be black for MSW, green for Yard Trimmings, Food Scraps, and Stable Bedding and Manure, and brown for Recyclable Materials for Residential Premises Carts.
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During the Term if a Recyclable Materials Cart is replaced, or a new Cart is distributed, Contractor shall provide a blue Cart to a Residential Premises.
The color-coding scheme shall be black for MSW, green for Yard Trimmings, Food Scraps, and Stable Bedding and Manure, and brown for Recyclable Materials for Commercial and Business Establishment and Multi-Family Premises Carts. During the Term if a Recyclable Materials Cart is replaced, or a new Cart is distributed, Contractor shall provide a blue Cart to a Commercial and Business Establishment and Multi-Family Premises.
All new Containers shall have messages/graphics on the exterior (or the underside of the lid on Carts and Bins) designed to remind Customers of what can or cannot be discarded into each type of Container (i.e., grass clippings and branches discarded into a green Cart are acceptable; aluminum cans and Plastic Containers discarded into a brown Commingled Recycling Cart are acceptable; Food Scraps discarded into a brown Cart is not acceptable—unless directed by City in accordance to the City’s Mandatory Recycling Ordinance). The text/graphics shall be approved by City.
The color-coding scheme for Bins, CUBs, Roll Off Boxes, and Compactors shall be approved by City.
1.04.1 Container Color Coding and Labeling.
Beginning with the implementation of residential SB 1383 Diversion Programs all Containers will be consistently color-coded with the proper signage and decals in accordance with SB 1383 requirements. Decals shall be affixed and Carts shall be distributed starting July 1, 2022 and completed by December 31, 2022.
1.04.2 Containers for Residential Premises.
Contractor will provide each Customer with three (3) Carts for Residential Premises basic level of service: one (1) black MSW Cart, one (1) brown Recyclable Materials Cart, and one (1) green Cart for Co-Collected Food Scraps and Yard Trimmings and/or Stable Bedding and Manure for the rates set forth in Attachment D. Customers will be allowed to specify the size of each Cart for basic level of service from thirty (35) gallon, sixty (60) gallon, or ninety (90) gallon Carts.
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Contractor shall provide up to two (2) additional brown Recyclable Materials Carts and up to (2) additional green Carts for Co-Collected Food Scraps and Yard Trimmings and/or Stable Bedding and Manure free of charge. Contractor shall charge a fee, as established in Attachment D, upon the fourth (4th) additional Cart request for a brown Recyclable Materials Cart and upon the fourth (4th) additional Cart request for a green Cart for Co-Collected Food Scraps and Yard Trimmings and/or Stable Bedding and Manure.
If additional black MSW Carts are requested by Customer, Contractor shall provide such additional Carts at the rate set forth in Attachment D.
Contractor shall provide 3 cubic yard Bins for storage and Collection services of Stable Bedding and Manure for Residential Premises at the rates established in Attachment D.
Distribution of Food Scraps/Green Waste Carts and Kitchen Pails for Food Scraps storage, and associated public education materials is described in Section 2.02.4 of this Attachment B.
Contractor will provide a choice of a thirty (35) gallon, sixty (60) gallon, or ninety (90) gallon Cart size to Customer upon any request for an additional Cart or a Cart replacement. At any time a Cart is distributed to a Residential Premises, Contractor shall also deliver to the Residential Premises an informational brochure, describing the Commingled Recyclables curbside Recycling program, Co-Collected Food Scraps and Yard Trimmings Recycling program, and the Stable Bedding and Manure Recycling Program. The brochure shall include a listing in detail of all types of Divertable Materials that will be Collected and how they are to be prepared, items to include and exclude for each SB 1383 Diversion Program, days of Collection and other pertinent information. This brochure shall be submitted to City for approval sixty (60) days prior to the initial delivery of the Containers. City may direct that the brochure be periodically updated as needed, but not more often than once annually. All costs associated with the preparation of a professional, well-formatted and designed brochure, including photographic examples of Co-Collected Food Scraps and Yard Trimmings and Recyclable Materials and Containers. The costs of printing, labeling, and mailing (first class postage) shall be borne by Contractor.
Residential Customers not being serviced for Yard Waste as of July 1, 2022 are required to receive a green Cart for the Co-Collection of Food Scraps and Yard Trimmings by December 31, 2022. As of July 1, 2022, the default size Cart for Customers, who previously were not being
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serviced for Yard Waste, shall be one (1) thirty-five (35) gallon Cart. Beginning with the implementation of Co-Collected Yard Trimmings and Food Scraps, all Residential Premises, without exception, shall be provided with a decaled green Cart for the Co-Collection of Yard Trimmings and Food Scraps prior to December 31, 2022.
1.04.3 Containers for Multi-Family Complexes, Commercial and Business Establishments, and City Facilities
Contractor shall furnish ninety (90) gallon, sixty (60) gallon and thirty-five (35) gallon wheeled Carts with lids for MSW, Recyclable Materials, Food Scraps, and Yard Trimmings to Multi-Family complexes, Commercial and Business Establishments, and at City facilities. The Carts shall meet the specifications listed in Attachment G and shall be color-coded per the regulatory requirements of SB 1383. Food Scraps Carts shall have a granite base with a lime-green lid and contain signage/decals in accordance with SB 1383. For storage of MSW, Recyclable Materials, Yard Trimmings, and Food Scraps, Contractor shall also furnish, in SB 1383 compliant colors, two (2) cubic yard, three (3) cubic yard, four (4) cubic yard, six (6) cubic yard Bins; split two (2) cubic yard Bins, split three (3) cubic yard Bins, split four (4) cubic yard Bins; three (3) yard bin compactors, and four (4) yard bin compactors; ten (10) cubic yard, twenty (20) cubic yard, thirty (30) cubic yard and forty (40) cubic yard Roll Off Boxes; and shall provide Compactor pull service for Commercial and Business Establishments and City facilities, except that Customers located at any of the above Premises may, at their sole discretion, lease and/or purchase Compactors from any Person, company, manufacturer, or distributor, including, but not limited to, Contractor for use at their Premises. Contractor shall provide repair and maintenance services at rates in Attachment D, to any Customer requesting such services for a Compactor whether or not said Compactor is owned by Contractor.
SECTION 2 - RESIDENTIAL COLLECTION SERVICES
2.1 Basic Level of Service
The basic level of service for a Residential Premises that is individually-serviced includes once weekly curbside Collection of: (A) MSW provided by automated Collection; (B) Commingled Recyclable Materials provided by automated Collection, (C) Stable Bedding and Manure provided by automated Collection, and (D) Co-Collected Food Scraps and Yard Trimmings provided by automated Collection. City will allow exceptions to automated Collection, upon City’s verification
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of the reason for exemption, if required due to space constraints, safety issues or other unusual circumstances. Contractor shall Collect Commingled Recyclable Materials in a vehicle Collecting solely Commingled Recyclable Materials to prevent Contamination of said materials. Contractor shall process Commingled Recyclable Materials at a Clean MRF identified in Attachment Q, and arrange for sale of the Recyclable Materials. Contractor shall Collect Food Scraps and Yard Trimmings and Stable Bedding and Manure in a vehicle collecting solely Food Scraps and Yard Trimmings and Stable Bedding and Manure to prevent Contamination of said materials.
Contractor shall process Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure at a Compost Facility identified in Attachment R and arrange for sale of the Compost and other saleable materials resulting from the Composting process.
2.2 Other Levels of Service to be Provided
Contractor shall provide other levels of service for Residential Premises Collection of MSW and Divertable Materials, as specified in Sections 2.02.1 to 2.02.9.
2.02.1 Back Yard/Wheel Out Service
All basic Residential Premises services identified in Section 2.1 shall be offered with back yard/wheel-out service in the following instances. The Contractor shall go into backyards/sideyards at no charge for accounts that have a letter on file with Contractor from a physician confirming there is a medical reason that prevents the resident from moving MSW, Recyclable Materials, Co-Collected Food Scraps and Yard Trimmings, and Stable Bedding and Manure Carts and other materials to the curb and that there are no other capable persons in the household to provide this service. Annually Contractor shall request a new letter from a physician in order for the account to maintain backyard service at no charge.
2.02.2 MSW Collection
The basic level of service for a Residential Premises that is individually-serviced is once weekly curbside Collection of MSW provided by automated Collection. Contractor shall also provide MSW Collection services to all Multi-Family complexes, gated communities and Mobile Home Parks.
2.02.3 Single-Family Services
Contractor shall Collect Single Stream Recyclable Materials in a vehicle collecting solely Single Stream Recyclable Materials to prevent Contamination of said materials. Contractor shall provide and use the Containers described in Section 1.4. Contractor shall process Single Stream
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Recyclable Materials at a Clean MRF approved by City as prescribed in Attachment Q and arrange for sale of the Recyclable Materials. Contractor shall Collect Co-Collected Food Scraps and Yard Trimmings in a vehicle Collecting solely Co-Collected Food Scraps and Yard Trimmings to prevent Contamination of said materials. Contractor shall process Co-Collected Food Scraps and Yard Trimmings at a Compost Facility as prescribed in Attachment R.
2.02.4 Establish Single-Family Food Scraps Recycling
Contractor shall provide the weekly Co-Collection of Food Scraps and Yard Trimmings from all Residential Customers starting July 1, 2022 for existing Yard Waste service areas and by October 31, 2022 for non-Yard Waste Residential service areas. All Single-Family Customers will have a Fully Implemented Co-Collected Food Scraps and Yard Trimmings program by December 31, 2022.The Co-Collected materials of Food Scraps and Yard Trimmings shall be delivered to the City-designated Processing Facility in Yuma, Arizona as described in Attachment R for Composting. Customers shall be charged the rates for the Co-Collected Food Scraps and Yard Trimmings Collection and Processing service as set forth in Attachment D.
Contractor shall Collect all Co-Collected Food Scraps and Yard Trimmings from Residential Premises once per week on the same day as MSW. Contractor shall Collect all Co-Collected Food Scraps and Yard Trimmings in a Collection vehicle that Co-Collects Food Scraps and Yard Trimmings and shall process the Collected material at the City-approved Co-Collected Yard Trimmings and Food Scraps Processing Facility described in Attachment R and Article 5 of the Contract.
Distribution of Kitchen Pails, as illustrated in Attachment U, will be provided to all Single-Family Premises. Contractor shall have distribution completed by December 31, 2022 for Customers that have not already received a Kitchen Pails as part of the Co-Collected Food Scraps and Yard Trimmings Program implementation.
Within fourteen (14) calendar days after delivery of the Food Scraps/Green Waste Cart to a Residential Premises, which did not have Yard Trimmings service on or before July 2022, Contractor shall provide the Residential Premises, at no additional charge, with a Kitchen Pail for storage of Food Scraps in the kitchen as described in Attachment U.
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As part of the Food Scraps and Trimmings program implementation, Contractor shall prepare a sample of labeling to be placed on existing Residential Yard Trimmings Carts to clearly indicate that both Food Scraps materials and Yard Trimmings will be placed in the newly labeled Carts.
Labels shall comply with SB 1383 CalRecycle regulatory requirements [Article 3 Section 18984.5.(b)] for labeling/signage for Food Scraps/Yard Trimmings Co-Collection programs.
Contractor shall submit the draft labels to the City for approval no less than thirty (30) days before distribution. City shall review, provide comments, and, if acceptable, approve the labels within five (5) working days of receipt. Upon receipt of the labels and approval by the City, and after distributing the outreach material approved by City, Contractor shall arrange to attach the labels starting July 1, 2022 to all existing Residential Yard Trimmings Carts to attain 100% distribution by December 31, 2022.
Starting June 1, 2022 Contractor shall prepare and distribute Food Scraps and Yard Trimmings public education materials, customized to all Residential Premises as described in Section 5 of this Attachment B, to all Residential Premises. All initial education material distribution will be completed by August 31, 2022. Any additional ongoing annual public education material requirements are described in Sections 5.2, 5.3 and 5.4.
During the Term, additional Single-Family homes may be constructed and occupied within the City. Newly constructed Single-Family homes shall be designed to adequately address spacing and Collection areas to accommodate a three-Cart system within thirty (30) days of issuance of the City’s Certificate of Occupancy or upon request by any Person or HOA that includes: A) MSW Collection; B) Commingled Recyclables program and C) a Co-Collected Food Scraps and Yard Trimmings Collection program at each new Residential Premises.
Contractor shall continuously monitor the residential automated Single Stream Recycling Program and the residential Co-Collected Food Scraps and Yard Trimmings Program for both participation and Contamination such that over each twelve (12) month period of the Term, Contractor has randomly observed a minimum of two percent (2%) of all Single-Family households in the City to note Contamination levels in the Single Stream and Co-Collected Food Scraps and Yard Trimmings materials in the automated Collection routes, as described in Attachment N. This protocol is consistent with SB 1383 route review requirements. On July 1, 2023 Contractor shall continue to record Contamination on an annual basis by conducting a Route Review audit for prohibited Container contaminants in a manner that results in all hauler
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automated Collection routes being reviewed annually to meet the minimum 2% of all SingleFamily households. Containers shall be randomly selected along a hauler route as described in Attachment N.
When Contractor finds a household that is not participating, Contractor shall leave, or direct mail, the household education materials describing the programs and how to participate. When Contractor finds Contamination (as listed in Section 5.8 of this Attachment B) Contractor shall alert the Customer by leaving a hang-tag and by leaving public education materials concerning the acceptable materials for the program.
Contractor shall submit a written audit report on both participation and Contamination to the City quarterly October, 2022 and every quarter thereafter throughout the Term. The report will summarize the results of the monitoring program, the number of households monitored, and the number of non-participants and Contamination incidents for each 12-month period. Per the regulatory requirements of SB 1383, Contractor shall provide a list of contaminated accounts as recorded during the annual Route Review where Contractor has randomly observed a minimum of two percent (2%) of all Single-Family households in the City and noted Contamination levels in the MSW, Single Stream Recyclables, and Co-Collected Food Scraps and Yard Trimming materials in the automated Collection routes as described in Attachment N.
2.02.5 Gated Developments
The Contractor shall provide the basic level of services as described in Section 2.1 to gated developments as directed by the Homeowners Association (HOA) or Property Manager, provided that MSW is Collected at a minimum of once per week, unless the MSW frequency of Collection is adjusted by the SB 1383 Regulations. The HOA or Property Manager may change, once in a twelve-month period, the location and/or frequency of Collection of the basic level of services as described in Section 2.1, and/or the method of billing.
Residential Customers that are included in a central or master-billing arrangement by a HOA or Property Manager may not suspend service for any period of time.
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2.02.6 Mobile Home Parks
The Contractor shall provide the same MSW, Recyclable Materials and Food Scraps and Yard Trimmings Collection services to Mobile Home Parks as those provided to Single-Family Customers as described in Section 2.1.
If a Mobile Home Park Homeowners Association (HOA) or Property Manager requests commercial Bin service instead of individual wheeled Cart services at each mobile home, Contractor shall provide the same sizes of Containers and the same levels of service as those for Multi-Family Premises as described in Section 2.02.8.
Customers that are included in a central or master-billing arrangement by an HOA or Property Manager may not suspend service for any period of time.
2.02.7 Stable Bedding and Manure
The Contractor shall provide weekly Collection of Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure placed in green (Yard Trimmings) ninety (90) gallon Carts at Residential Premises at no additional charge. Carts for Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure shall count as part of the three (3) Carts that residents will be provided for Food Scraps and Yard Trimmings and Stable Bedding and Manure at no additional charge as described in Section 1.04.1. If requested by a Residential Customer, Contractor shall provide additional Cart(s) (above and beyond the three (3) Carts described in this Section) as needed and shall provide weekly Collection of Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure at the fees listed in Attachment D.
Contractor will provide weekly Collection of Stable Bedding and Manure placed in three (3) cubic yard Bins at the rates and frequencies as established in Attachment D.
All of Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure shall be Collected and delivered to the City-designated Compost Facility for Composting as described in Attachment R.
Contractor shall maintain a list of all Customers that have subscribed to (1) Co-Collected Food Scraps and Yard Trimmings and Stable Bedding and Manure Collection service and (2) three (3) cubic yard Bin service, including Customer name, address, number and type of Containers
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provided and frequency of service. Contractor shall submit the list to the City on a monthly basis as described in Attachment K.
2.02.8 Multi-Family MSW, Recyclable Materials and Food Scraps and Yard Trimmings Service
Contractor shall provide the Carts and Bins specified in Section 1.04.3 to Multi-Family complexes for storage and Collection of MSW at the rates established in Attachment D. In addition, Contractor shall provide Collection of Commingled Recyclable Materials to one hundred percent (100%) of such units, Contractor shall provide separate Bin(s) or wheeled Carts (as identified in Section 1.04.3 and in Attachment D) for Collection of Commingled Recyclables.
Contractor shall Collect Commingled Recyclable Materials in a vehicle Collecting solely Commingled Recyclable Materials to prevent Contamination of said materials. Contractor shall process Commingled Recyclable Materials at a Clean MRF, as identified in Attachment Q, and arrange for sale of the Recyclable Materials. The cost for Collection of Commingled Recyclables shall be less than the rate for MSW Multi-Family Collection service. If the Customer refuses Commingled Recycling service, Contractor shall send a brief questionnaire to the Property Manager and/or property owner. The questionnaire shall include at a minimum: property name, property address, contact name, contact phone number, current levels of MSW Collection service, brief description of City Recycling requirements and compliance with SB 1383. City shall approve questionnaire prior to distribution. Contractor shall keep a copy of the completed questionnaires on file and send a copy to the City. The City and/or the Recycling Coordinator will contact the Property Manager or owner who refused Recycling service to determine if the objections of the manager or owner can be resolved. If the Customer continues to refuse the required SB 1383 program the Contractor will notify the City through Attachment K and the City shall utilize its Mandatory Recycling Ordinance procedures.
State law requires the City to provide a Food Scraps program to Collect Food Scraps from all Multi-Family complexes on or before January 1, 2022. On July 1, 2022 Contractor shall begin implementing the Source Separated Food Scraps Collection program at Multi-Family complexes in City and be completed by December 31, 2022. Contractor shall charge the rates for the MultiFamily Food Scraps program set forth in Attachment D.
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Section 2.02.9, of this Attachment B, lists the implementation steps required of the Contractor to have a “Fully Implemented” Source Separated Multi-Family Food Scraps Collection program.
Contractor shall implement the Source Separated Food Scraps Collection program at all MultiFamily complexes in City. Contractor shall provide the appropriate number of appropriately-sized Containers, as listed in Section 1.04.3 of this Attachment B, to each Multi-Family complex for Collection and storage of all Food Scraps. Customers who refuse service will be referred to the City through Attachment K and the City shall utilize its Mandatory Recycling Ordinance procedures.
Contractor shall prepare and distribute public education materials, customized to Multi-Family tenants and complexes. When a property requests or accepts a Food Scraps Recycling program, Contractor shall go door-to-door to provide each unit with public education materials and discuss the new Food Scraps program with each tenant. Contractor shall make every effort to schedule such visits to tenants on days and at times when tenants are most likely to be home and not at work (e.g., weekends and early on weekday evenings). Public education materials shall include a diagram showing the location(s) of Food Scraps Containers where tenants will deposit Food Scraps. Public Education materials shall be submitted to City for approval a minimum of thirty (30) days prior to printing and distribution. Contractor shall provide answers to tenant and MultiFamily complex managers’ questions and shall also provide a method for tenants and MultiFamily complex owners, managers and staff to ask and receive answers to follow-up questions about the program via telephone, e-mail or text, social media and Contractor’s web site.
Contractor shall Collect all Food Scraps from Multi-Family complexes at least once per week, and more frequently as required to prevent odor, overflow of Food Scraps from Containers, and lack of available space for Food Scraps in Containers at each complex. Contractor shall Collect all Food Scraps in a separate Collection vehicle that Collects only Source Separated Food Scraps and shall process the Collected material at the City-approved Food Scraps Processing Facility listed in Attachment R and Article 5 of the Contract.
Contractor shall make available Containers for Food Scraps in the types and sizes as specified in Section 1.04.3. which shall be used for the storage and Collection of Food Scraps in the solid waste and Recycling enclosure(s) or other area designated by the owner/manager of the MultiFamily complex.
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During the Term, if additional Multi-Family complexes are constructed and occupied within City, Contractor shall Fully Implement a Source Separated Food Scraps Collection Program at each new complex within thirty days of issuance of the Certificate of Occupancy by the City.
Annually, beginning January 1, 2023, Contractor’s Recycling Coordinator shall develop and submit service proposals, as described in Section 2.02.9, to all Multi-Family properties that do not have Food Scraps Recycling Service.
2.02.9 Implementation of SB 1383 Compliant Multi-Family Diversion Programs for Recyclable Materials and Food Scraps.
Contractor shall provide the Collection of Recyclable Materials and Food Scraps and Yard Trimmings to all Multi-Family Premises subject to SB 1383 Regulations. At the direction of the City, Contractor shall include Food Soiled Paper products such as paper napkins and paper towels.
Contractor shall provide participating Customers with the Carts and Bins specified in Section
1.04.3 for the segregation and storage and Collection of Food Scraps at the rates in Attachment D.
Contractor shall deliver the Collected Food Scraps to the City-designated Processing Facility for Composting identified in Attachment R. Customers shall be charged the rates as set forth in Attachment D for the Food Scraps Collection and Processing service.
A Food Scraps Diversion Program at a Multi-Family Premises will be considered Fully Implemented if Contractor has completed all the tasks described in this Section 2.02.9 items “i” through “x” of this Attachment B, and if the Fully Implemented program is observed to be in full and successful operation during the audit by City. At the one-year anniversary of the program implementation, Contractor shall perform task listed in this Section 2.02.9, item “xi”. City will monitor program results and will also perform audits to determine Contractor’s compliance with the requirements of this Section.
In the event that a Multi-Family Premise(s) refuses the Diversion Program, Contractor shall refer the non-compliant Customer to the City as described in item “xii”. If the Customer agrees to implement the required program(s) as required by the City’s Mandatory Recycling Ordinance, City
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will refer the Customer back to Contractor for implementation of the program(s). Contractor shall perform all tasks “i” though “xi” to Fully Implement a Diversion Program at the Premise(s).
In the event that Contractor fails to report to City that a Multi-Family Premises has not been Fully Implemented, or the City finds in its audit of Fully Implemented Diversion Programs a non-Fully Compliant Premises, then the City will provide Contractor thirty (30) days to Fully Implement the Premises as described in item “xiii”.
Contractor shall be found to have Fully Implemented SB 1383 Diversion Program, including but not limited to Food Scraps and Yard Trimmings Collection at a Multi-Family complex, only if all of the following have been completed by Contractor:
(i) Contractor has contacted the Authorized Customer Representative (for purposes of this section the “Authorized Customer Representative” is the owner or on-site manager if that Person has decision-making authority; or if Customer is a corporation with multiple locations and centralized decision-making, the management Person with decision-making authority.
In the case of a broker or waste arranger, the Authorized Customer Representative is the Person who has the decision-making authority) and explained the requirements in the Act for the Customer to have in place specified Recycling and Diversion Program(s) as of the date(s) applicable to that Customer. Contractor has also explained the requirements of City’s Municipal Code and Mandatory Recycling Ordinance. Contractor contact includes calls, emails and at a minimum, one in person site-visit. If the Authorized Customer Representative refuses to implement a program Contractor shall immediately notify City. Upon receiving the Contractor’s written notification of refusal, City will send a letter to the Authorized Customer Representative explaining the mandatory requirement of program implementation.
(ii) Contractor has estimated the quantities of MSW, Recyclable Materials, and Food Scraps and any other Divertable Materials Generated by the Customer; has calculated the appropriate size of Containers required for storage; has calculated the recommended frequency of service to optimize
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cost for the Customer; has prepared a written plan containing estimated costs and recommended levels of service; and has submitted the plan to the Customer. Contractor has discussed the plan with the Customer and obtained the Customer’s approval to implement a finalized Diversion Program plan. If Customer refuses to implement Contractor’s written plan Contractor shall document the refusal and report the Customer to the City as a non-compliant Customer.
(iii) If the Customer is already Diverting materials using an in-house program, backhauling, on site processing or use of another vendor, Contractor has notified City so City can obtain a completed and signed “Self-Certification Form” for that program. Contractor shall record the information on the “Red/Green Tracking Spreadsheet.” If the Customer is using a landscaping company to haul away Yard Trimmings/Wood, Contractor has notified City so City can obtain a completed and signed “Landscaper Self-Certification Diversion Form for Yard Trimmings/Wood” at that Premises. At the direction of City, Contractor has recorded the information on the “Red/Green Tracking Spreadsheet.” If such program(s) only Divert(s) some materials and other Divertable Materials are not covered by the Customer’s own program(s) or third-party program(s), Contractor has developed a plan for Diversion of the remaining materials in accordance with the requirements of this Attachment B.
(iv) Contractor has provided the appropriate type(s) and size(s) of Containers for storage and Collection of Food Scraps.
(v) Contractor is Collecting the Food Scraps from the Customer’s Containers at the frequency of Collection needed to adequately service the Customer and, at a minimum, is performing Collection of Recyclable Materials at least once each week. Contractor is Collecting the Food Scraps one (1) to six (6) times each week as needed to adequately provide service to the Customer.
(vi) Contractor has evaluated the level of the Customer’s MSW Collection service and adjusted as necessary to maximize customer savings, to complement the separate Collection of Food Scraps. Contractor has
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checked back with the Customer and made at least two (2) on-site visits to determine if the initial sizing of the Containers and frequency of service is optimal for the Customer. Contractor has recommended appropriate adjustments as needed to the Customer and has implemented all adjustments agreed to by the Customer.
(vii) Contractor has provided employee education and training materials to the Customer (and in the case of Multi-Family complexes, gated communities, HOA’s and Mobile Home Parks, to all management and residents) explaining (a) the requirements of the Act, (b) the operation of each Diversion program and (c) specifically what materials may be placed in the Food Scraps Containers and what materials are to be placed in the MSW Container(s). Employee/resident training shall include at least one on-site training for all employees/tenants/residents of Customer. In the case of the Food Scraps program at Multi-Family complexes, Contractor shall provide at least one on-site training for residents for complexes of over fifteen (15) units and for smaller complexes if requested by the owner/manager.
Contractor shall provide training materials to use both inside and outside, showing what materials are accepted in the program. Contractor shall provide training and training materials in both English and Spanish and another language as requested by Customer and if necessary, to support program implementation. Where a Customer has employees involved in tasks that are handling MSW and/or Divertable Materials, that speak a language other than English and more than 20% of the residents speak a language other than English, Contractor shall provide or utilize other resources available such as City or contractor’s personnel or instructional videos to conduct a training session for those employees and residents in the language they speak and provide program signage and training handouts in that language as necessary to support program implementation.
(viii) Contractor has made at least two (2) follow-up site visits to confirm the program is operating optimally within the first two weeks after program initiation. (These site visits are in addition to the site checks to confirm MSW quantities and optimization of MSW service described in item vii above).
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Contractor has responded to and successfully resolved the Customer’s questions and any complaints.
(ix) The Diversion Program(s) at the Premises of the Customer has been in place and operating continuously for a minimum of three (3) months from the inception date of the program implementation. (For example, a program that was implemented in December 2022, would need a verification of continuous operation no later than April 1, 2023.)
(x) Within ninety (90) days after implementation of each Diversion Program (For example, a program that was implemented in December 2022, would need a visual inspection Contamination levels no later than April 1, 2023) at the Premises of the Customer, Contractor shall ensure that the program is operating effectively such that upon visual observation, the MSW Container(s) at the Premises contain no more than estimated twenty percent (20%) Recyclable Materials and Food Scraps (combined), and the Recyclable Materials Container(s) contain no more than estimated ten percent (10%) MSW and Food Scraps, combined (if the Customer Generates Food Scraps). If the Premises is participating in the Source Separated Commercial Food Scraps Collection program, the Food Scraps Container(s) shall contain no more than estimated ten percent (10%) of any non-food item(s). If these performance standards are not being achieved, Contractor shall work with the Multi-Family owner(s), manager(s) and employees as needed to re-train, troubleshoot and otherwise provide technical assistance to ensure the standards are being met. If customer continually produces Recyclable Materials that are Contaminated, or if MSW Containers are continually contaminated with Recyclables or Organic Materials, Contractor shall report to the City through Attachment K. City shall conduct rotating audits throughout the Term to confirm that these performance standards are achieved and maintained.
(xi) Contractor has conducted a minimum of one (1) annual on-site review of the Recycling plan and of each Diversion Program at each Multi-Family Customer, and has conducted a re-training for all employees, residents, and tenants (that meets all of the requirements listed for the initial training required under item viii above). Contractor has conducted troubleshooting
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for each Diversion Program and each Diversion Program is successfully Diverting the targeted materials within the Contamination limits identified in item “x” above.
(xii) In the event Contractor has taken all required actions and completed all required tasks in subparts “i” through “xi”, and the program(s) is still not meeting the participation and Contamination performance standards, the non-compliant Customer shall be reported to City on the “Red/Green Tracking Spreadsheet” and on the list described in Attachment K, Monthly Reports. City will work with the Multi-Family Customer to the full extent of state and local law. City will, in its sole discretion, enforce its Mandatory Recycling Ordinance, which may include warnings to the Customer and ultimately imposition of fine(s). If the Customer agrees to implement the required program(s) as required by the City’s Mandatory Recycling Ordinance, City will refer the Customer back to Contractor for implementation of the program(s) and Customer shall be removed from list of “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” in Attachment K, Monthly Reports. If the Customer continues to refuse to implement one or more of the required programs after City action, the Customer remains on the list and Contractor is relieved of the responsibility to implement program(s) at that Customer. (xiii) In the event that Contractor fails to report to City that a Multi-Family Premises, has not been Fully Implemented then the City will provide Contractor thirty (30) days to Fully Implement the Premises. City shall conduct rotating audits throughout the Term to confirm that these performance standards are achieved and maintained. After thirty (30) days from City notification, if Contractor has not Fully Implemented the Premise the City will assess the Liquidated Damage contained in Article 13.09(H) of the Contract.
SECTION 3 - COMMERCIAL AND BUSINESS ESTABLISHMENT SERVICES
3.1 Basic Level of Service
The basic level of service for Commercial and Business Establishments that shall be provided includes once weekly Collection of: (A) MSW provided by a vehicle designed for commercial
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Collection and (B) Collection of Single Stream Recyclable Materials, and (C) Collection of Food Scraps, and (D) Collection of Yard Trimmings as required by SB 1383. Contractor shall provide each of the service options for Collection of MSW, Recyclable Materials, and Food Scraps and Yard Trimmings as outlined in sections 3.2 – 3.9. Collection shall be accomplished in such a manner that the flow of traffic shall not be impeded nor a threat to the public health or safety created.
Contractor shall provide the following Collection services for Commercial and Business Establishments:
3.2 MSW Collection
Contractor shall provide MSW Collection services as follows: (i) regularly scheduled weekly routine MSW Collection service; and (ii) as-needed on-call Collection for Roll Off Boxes and Compactors and (iii) additional pick-ups. On-call and additional pick-up requests may be made by Customer, authorized agent or representative of Customer, or, in the case of Compactors so equipped, by automatic dial-up, other automated methods or electronic device that signals Contractor. Contractor shall provide service within 24 hours of receiving a request and shall charge the rates as established in Attachment D for on-call pickups and additional pickups.
Contractor shall provide the Carts and Bins specified in Section 1.04.3 to Commercial and Business Establishments for storage and Collection of MSW at the rates in Attachment D.
Customers may, at any time, adjust the frequency of Collections and/or the number of Containers for all types of Containers for the storage and Collection of MSW.
3.3 Recyclable Materials Collection.
3.03.1 Commingled Recyclable Materials
Contractor shall provide Collection of all the Commingled Divertable Materials as listed in this Attachment’s Table 1 Section 5.8 to all Commercial and Business Establishments. Contractor shall provide the Carts and Bins specified in Section 1.04.3 to said establishments for storage and Collection of Recyclable Materials at the rates in Attachment D.
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Contractor shall Collect Commingled Divertable Materials in a vehicle Collecting solely Commingled Divertable Materials to prevent Contamination of said materials. Contractor shall process Commingled Recyclable Materials at a Clean MRF and arrange for sale of the Recyclable Materials. The rate for Collection of Commingled Recyclable Materials shall be less than the rate for MSW Collection.
If the Customer refuses Commingled Recycling services, Contractor shall follow the procedures described in Section 3.03.4 below.
3.03.2 Source Separated Recyclable Materials (Single-Material Recyclables) Contractor shall offer, as directed by the City, Source Separated Collection for cardboard, office paper, metal, Wood, concrete, containers only, pallets, glass and baled Recyclable Materials.
Source Separated Recyclable Materials will be Collected by the Contractor at the rates set forth in Attachment D. Contractor shall deliver all Source Separated Recyclable Materials to a Clean MRF for processing and sale. The rate for Collection of Source Separated Recyclable Materials shall be less than the rate for MSW Collection.
3.03.3 Glass Recycling Program
Contractor shall Collect Source Separated glass from Commercial and Business Establishments free of charge to existing Customers and to new Customers. Contractor will continue to provide this service to Commercial and Business Establishments with current glass Recycling Carts upon inception of Contract operations. This includes glass that is separated from MSW and from other Recyclable Materials. The glass need not be color-sorted by the business; the glass colors may be mixed together and placed for Collection in brown thirty-five (35) gallon, and/or sixty (60) gallon, and/or ninety (90) gallon Carts. Contractor shall transport the glass to a Clean MRF for processing and sale.
Contractor shall maintain a list of all Customers that have subscribed to glass Recycling service, including Customer name, address, number, and type of Containers provided and frequency of service. Contractor shall submit the list on a monthly basis as stated in Attachment K.
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3.03.4 Implementation of SB 1383 Compliant Commercial Diversion Programs for Recyclable Materials and Food Scraps.
Contractor shall provide the Collection of Recyclable Materials and Food Scraps to all Commercial and Business Premises subject to SB 1383 Regulations. At the direction of the City, Contractor shall include Food Soiled Paper products such as paper napkins and paper towels.
Contractor shall provide participating Customers with the Carts and Bins specified in Section
1.04.3 for the segregation and storage and Collection of Food Scraps at the rates in Attachment D.
Contractor shall deliver the Collected Food Scraps to the City-designated Processing Facility for Composting identified in Attachment R. Customers shall be charged the rates as set forth in Attachment D for the Food Scraps Collection and processing service.
A Food Scraps Collection Diversion Program at Commercial and Business Establishments will be considered Fully Implemented if Contractor has completed all the tasks described in this Section
3.03.4 items “i” through “x” of this Attachment B, and if the Fully Implemented program is observed to be in full and successful operation during the audit by City. At the one-year anniversary of the program implementation, Contractor shall perform task listed in this Section 3.03.4, item “xi”. City will monitor program results and will also perform audits to determine Contractor’s compliance with the requirements of this Section.
In the event that a Commercial Premise(s) refuses the Diversion Program, Contractor shall refer the non-compliant Customer to the City as described in item “xii”. If the Customer agrees to implement the required program(s) as required by the City’s Mandatory Recycling Ordinance, City will refer the Customer back to Contractor for implementation of the program(s). Contractor shall perform all tasks “i” though “xi” to Fully Implement a Diversion Program at the Premise(s).
In the event that Contractor fails to report to City that a Commercial and Business Establishment Premises, has not been Fully Implemented, or the City finds in its audits of Fully Implemented Diversion Programs a non-Fully Compliant Premises, then the City will provide Contractor thirty (30) days to Fully Implement the Premises as described in item “xiii”.
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Contractor shall be found to have Fully Implemented SB 1383 Diversion Programs, including but not limited to Food Scraps Collection at a Commercial Premises and Business Establishment Customer, only if all of the following have been completed by Contractor:
(i) Contractor has contacted the Authorized Customer Representative (for purposes of this section the “Authorized Customer Representative” is the owner or on-site manager if that Person has decision-making authority; or if Customer is a corporation with multiple locations and centralized decision-making, the management Person with decision-making authority.
In the case of a broker or waste arranger, the Authorized Customer Representative is the Person who has the decision-making authority) and explained the requirements in the Act for the Customer to have in place specified Recycling and Diversion Program(s) as of the date(s) applicable to that Customer. Contractor has also explained the requirements of City’s Municipal Code and Mandatory Recycling Ordinance. Contractor contact includes calls, emails and at a minimum, one in person site-visit. If the Authorized Customer Representative refuses to implement a program Contractor shall immediately notify City. Upon receiving the Contractor’s written notification of refusal, City will send a letter to the Authorized Customer Representative explaining the mandatory requirement of program implementation.
(ii) Contractor has estimated the quantities of MSW, Recyclable Materials, and Food Scraps and any other Divertable Materials Generated by the Customer; has calculated the appropriate size of Containers required for storage; has calculated the recommended frequency of service to optimize cost for the Customer; has prepared a written plan containing estimated costs and recommended levels of service; and has submitted the plan to the Customer. Contractor has discussed the plan with the Customer and obtained the Customer’s approval to implement a finalized Diversion Program plan. If Customer refuses to implement Contractor’s written plan Contractor shall document the refusal and report the Customer to the City as a non-compliant Customer.
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(iii) If the Customer is already Diverting materials using an in-house program, backhauling, on site processing or use of another vendor, Contractor has notified City so City can obtain a completed and signed “Self-Certification Form” for that program. Contractor shall record the information on the “Red/Green Tracking Spreadsheet.” If the Customer is using a landscaping company to haul away Yard Trimmings/Wood, Contractor has notified City so City can obtain a completed and signed “Landscaper Self-Certification Diversion Form for Yard Trimmings/Wood” at that Premises. At the direction of City, Contractor has recorded the information on the “Red/Green Tracking Spreadsheet.” If such program(s) only Divert(s) some materials and other Divertable Materials are not covered by the Customer’s own program(s) or third-party program(s), Contractor has developed a plan for Diversion of the remaining materials in accordance with the requirements of this Attachment B.
(iv) Contractor has provided the appropriate type(s) and size(s) of Containers for storage and Collection of Food Scraps.
(v) Contractor is Collecting the Food Scraps from the Customer’s Containers at the frequency of Collection needed to adequately service the Customer and, at a minimum, is performing Collection of Recyclable Materials at least once each week. Contractor is Collecting the Food Scraps one (1) to six (6) times each week as needed to adequately provide service to the Customer.
(vi) Contractor has evaluated the level of the Customer’s MSW Collection service and adjusted as necessary to maximize customer savings, to complement the separate Collection of Food Scraps. Contractor has checked back with the Customer and made at least two (2) on-site visits to determine if the initial sizing of the Containers and frequency of service is optimal for the Customer. Contractor has recommended appropriate adjustments as needed to the Customer and has implemented all adjustments agreed to by the Customer.
(vii) Contractor has provided employee education and training materials to the Customer explaining (a) the requirements of the Act, (b) the operation of
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each Diversion program and (c) specifically what materials may be placed in the Food Scraps Containers and what materials are to be placed in the MSW Container(s). Employee/resident training shall include at least one on-site training for all employees of Customer. Contractor shall provide training materials to use both inside and outside, showing what materials are accepted in the program. Contractor shall provide training and training materials in both English and Spanish and another language as requested by Customer and if necessary, to support program implementation. Where a Customer has employees involved in tasks that are handling MSW and/or Divertable Materials, that speak a language other than English and more than 20% of the residents speak a language other than English, Contractor shall provide or utilize other resources available such as City or contractor’s personnel or instructional videos to conduct a training session for those employees and residents in the language they speak and provide program signage and training handouts in that language as necessary to support program implementation.
(viii) Contractor has made at least two (2) follow-up site visits to confirm the program is operating optimally within the first two weeks after program initiation. (These site visits are in addition to the site checks to confirm MSW quantities and optimization of MSW service described in item vii above).
Contractor has responded to and successfully resolved the Customer’s questions and any complaints.
(ix) The Diversion Program(s) at the Premises of the Customer has been in place and operating continuously for a minimum of three (3) months from the inception date of the program implementation. (For example, a program that was implemented in December 2022, would need a verification of continuous operation no later than April 1, 2023.)
(x) Within ninety (90) days after implementation of each Diversion Program at the Premises of the Customer, Contractor shall ensure that the program is operating effectively such that upon visual observation, the MSW Container(s) at the Premises contain no more than estimated twenty percent (20%) Recyclable Materials and Food Scraps (combined), and the Recyclable Materials Container(s) contain no more than estimated ten
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percent (10%) MSW and Food Scraps, combined (if the Customer Generates Food Scraps). If the Premises is participating in the Source Separated Commercial Food Scraps Collection program, the Food Scraps Container(s) shall contain no more than estimated ten percent (10%) of any non-food item(s). If these performance standards are not being achieved, Contractor shall work with the Customer’s owner(s), manager(s) and employees as needed to re-train, troubleshoot, and otherwise provide technical assistance to ensure the standards are being met. If Customer continually produces Recyclable Materials that are Contaminated, or if MSW Containers are continually contaminated with Recyclables or Organic Materials, Contractor shall report to the City through Attachment K. City shall conduct rotating audits throughout the Term to confirm that these performance standards are achieved and maintained. (For example, a program that was implemented in December 2022, would need a verification of continuous operation no later than April 1, 2023.) (xi) Contractor has conducted a minimum of one (1) annual on-site review of the Recycling plan and of each Diversion Program at each Commercial Premises Customer, and has conducted a re-training for all employees, residents, and tenants (that meets all of the requirements listed for the initial training required under item viii above). Contractor has conducted troubleshooting for each Diversion Program and each Diversion Program is successfully Diverting the targeted materials within the Contamination limits identified in item “x” above.
(xii) In the event Contractor has taken all required actions and completed all required tasks in subparts “i” through “xi”, and the program(s) is still not meeting the performance standards, the non-compliant Customer shall be reported to City on the “Red/Green Tracking Spreadsheet” and on the list described in Attachment K, Monthly Reports. City will work with the Customer to the full extent of state and local law. City will, in its sole discretion, enforce its Mandatory Recycling Ordinance, which may include warnings to the Customer and ultimately imposition of fine(s). If the Customer agrees to implement the required program(s) as required by the City’s ordinance, City will refer the Customer back to Contractor for
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implementation of the program(s) and Customer shall be removed from list of “Non-Compliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” in Attachment K, Monthly Reports. If the Customer continues to refuse to implement one or more of the required programs after City action, the Customer remains on the list and Contractor is relieved of the responsibility to implement program(s) at that Customer. (xiii) In the event that Contractor fails to report to City that a Commercial and Business Establishments Premises has not been Fully Implemented then the City will provide Contractor thirty (30) days to Fully Implement the Premises. City shall conduct rotating audits throughout the Term to confirm that these performance standards are achieved and maintained. After thirty (30) days from City notification, if Contractor has not Fully Implemented the Premise the City will assess the Liquidated Damage contained in Article 13.09H.
3.03.5 Stable Bedding and Manure
Contractor shall provide Collection of Stable Bedding and Manure to Commercial and Business Establishments and HOA stables. Contractor shall provide wheeled ninety (90) gallon Cart(s); three (3) cubic yard and four (4) cubic yard Bin(s); and ten (10) and forty (40) Roll Off Box(es) as needed and shall provide weekly Collection of Stable Bedding and Manure at the rates and pickup schedules as set forth in Attachment D. Contractor shall provide for additional pick-up requests, above Customer’s weekly pick-up frequency, and Contractor shall charge Customer for additional pick-up(s) as established in Attachment D. All Stable Bedding and Manure for Commercial and Business Establishments and HOA stables shall be Collected and delivered to the City-designated Compost Facility for Composting.
3.4 Changes in Collection Services
Customers may, at any time, decrease the frequency of Collections and/or the number of Containers or Compactors for MSW commensurate with the amount of Recyclable Materials and Food Scraps diverted by any SB 1383 Diversion Programs, and any projects or activities undertaken by Customer that are consistent with the SB 1383 Regulations.
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Customers may, at any time, adjust the frequency of Collections and/or the number of Containers for all types of Containers for the storage and Collection of Divertable Materials.
3.5 Elective and Required Waste, Contamination, Participation and Diversion Studies
Section 9.06 of the Contract requires an annual Route Audit to be performed during April of each year. Contractor shall perform the audits in Contract Section 9.07 (Quarterly On-Site MSW and Divertable Materials Contamination Audits). These audits are required by SB 1383 regulations to monitor Contamination in all Residential Premises, Multi-Family Premises, and Commercial and Business Establishment routes for MSW and all Divertable Materials including Food Scraps, Co-Collected Food Scraps and Yard Trimmings Yard Trimmings, and Stable Bedding and Manure. The methodology which shall be followed in the SB 1383 audits and the reporting process is described in Attachment N. Article 9.08 provides for a review of quarterly Contamination audit results. Contractor shall cooperate fully with City and its agents while all audits and any study is being conducted, including, but not limited to, allowing site visits and detailed observations of all Processing Facility operations; site visits during regular hours of operation, access to all Collection, transport and materials processing operations, responding in a timely manner to questions and requests for data and information; and making Contractor’s personnel available to respond to questions from the City. Any site visit must be requested at least twenty-four (24) hours in advance through the Contractor’s City liaison. All requests will be allowed by Contractor unless there can be determined to be a safety issue for visitors or employees of the facility; as an example when a visit may be interrupting construction or some unique situation beyond the control of the Contractor.
3.6 Temporary CUB and Roll-Off Services
Contractor shall provide on a temporary basis three (3) cubic yard CUBs and ten (10) and forty (40) cubic yard Roll Off Boxes for the purposes of Collection of MSW, Source Separated Recyclable Materials, Commingled Recyclable Materials, Yard Trimmings, and Construction and Demolition Debris at the request of Customers. Service shall be provided at the rates set forth in Attachment D. Such temporary service shall be provided, by way of example but not limitation, to sites where construction and/or demolition activity, replacement of roofs or paved areas, or replacement or maintenance of landscape materials is occurring. Collection shall occur on an as6.1.a Packet Pg. 308 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 3
needed, on-call basis, within twenty-four (24) hours of a request, or may be regularly scheduled, as determined by Customer.
All such temporary CUBs and roll-off Containers shall be Collected, transported, and processed at the City-designated Compost Facility, and/or Construction and Demolition Debris Processing Facility, and/or Clean MRF per the direction of Attachments Q, R, and S.
All temporary CUBs and roll-off Containers containing Source-Separated Recyclable Materials and Commingled Recyclable Materials shall be Collected and the materials transported to the City-designated Facility for processing and sale.
3.7 Construction and Demolition Debris Recycling
Contractor shall provide all services necessary to support Customer compliance with, and City’s enforcement of, the City’s Construction and Demolition Debris Diversion ordinance and Laguna Hills Municipal Code Chapters 5-48 and 10-68, including all goals and requirements of these ordinances. Such services shall include but not be limited to: (A) informing all Customers requesting temporary CUBs, Roll Off Boxes and Compactor services of the requirements of the ordinances, (B) providing CUBs, Roll Off Boxes, and Compactors as needed for storage and transport of Source Separated Construction and Demolition Debris, and commingled Construction and Demolition Debris, as well as appropriate size Containers for MSW, (C) providing Collection service of all Containers on a timely basis and (D) working and coordinating with Customer’s job site Superintendent to ensure a smooth and effective Recycling program. Contractor shall inform Customers utilizing CUBs and Roll Off Boxes on a temporary basis, that materials being Generated must be Recycled pursuant to the requirements of City’s ordinances. Contractor shall develop and distribute to such Customers a color brochure highlighting the requirements of the ordinances and describing methods of Diversion that will fulfill the requirements of the ordinance.
All commingled Construction and Demolition Debris Collected by Contractor shall be transported to the City designated Construction and Demolition Debris Processing Facility for processing and sale or reuse.
3.8 Other Services.
Contractor shall provide the following additional services at the rates set forth in Attachment D:
(i) Bin wheel out service, (ii) additional Container pick-up, (iii) locking lids for Bins, (iv) use of a key to open a locked gate or enclosure to access Containers.
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3.9 City Facilities and Events Collection Services.
Contractor shall provide the following additional services at the rates set forth in Attachment D:
(i) Collection Services at City Facilities, (ii) Collection Services for City operations and at City events, (iii) Collection of permanent MSW and Divertable Materials in public areas.
3.09.1 Collection Services at City Facilities
Contractor shall provide Collection of all MSW, Recyclable Materials, Food Scraps, Co-Collected Food Scraps and Yard Trimmings, E-waste, Bulky Goods, and metals generated at Premises owned and/or operated by the City, in the locations identified below, at no charge to City.
Collection shall be provided at the frequencies directed by the City, and at times convenient for City, but in no event less than once per week. At any time, City may direct Contractor to change frequency of Collection, number and/or size or type of Containers provided, or method of Collection. The City shall receive all the Collection and Recycling services as well as Self-Haul opportunities, provided to Commercial and Businesses Establishment accounts. This includes by way of example, but not limitation, providing a three (3) cubic yard Bin on an on-call basis for the City’s beverage container Recycling program.
Laguna Hills Civic Center
24035 El Toro Road
Laguna Hills, California 92653
Laguna Hills Community Center and Sports Complex
25555 Alicia Parkway
Laguna Hills, California 92653
3.09.2 Collection Services for City Operations and at City Events Each year the City may conduct litter cleanups at any location in City, trail cleanups in the open space areas and other special cleanup events. In addition, each year the City may sponsor or cosponsor, host or otherwise organize a special event, such as a parade, public building dedication, conference of public officials, art show, cultural event or organized recreational activities at any of the City’s parks or other venues. Contractor shall provide Containers for Collection service for up to and including twenty (20) special events per calendar year. The (20) special events include the City’s July Fourth Event and ½ Marathon Event, and the specific events may be changed and/or increased up to 20 per year at no charge. Contractor shall provide MSW and Divertable
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Materials Collection services for such events, including Containers for the general public to dispose of MSW and Divertable Materials, as well as larger size Bins.
Contractor shall provide up to six (6) forty cubic yard Roll Off Boxes free of charge for City authorized code enforcement cleanups annually.
3.09.3 Collection of Permanent Solid Waste Containers in Public Areas Public Collection Containers are located along arterial streets throughout the City. These Containers are owned by the City. Contractor shall Collect MSW and Divertable Materials from these Containers a minimum of one time per week at no cost to the City. The location of the existing arterial street Containers is listed in Attachment T as of February 2022. Said list may be modified by City from time to time. In addition to Collecting MSW and Divertable Materials in the Containers, Contractor shall Collect all litter in the area within ten (10) feet of each Container.
Upon notification from City that litter is within ten (10) feet of a City arterial street Container, Contractor shall Collect said litter within twenty-four (24) hours of notification. In the event the City arterial street Containers become overfull on a regular basis, City may require Contractor to Collect from the Containers on a more frequent basis.
SECTION 4 - SPECIAL SERVICES
4.1 Bulky Goods Collection Services.
Contractor shall provide Collection services for Bulky Goods at Residential Premises and Commercial and Business Establishments in City. Customer or City may request Collection of Bulky Goods forty-eight (48) hours in advance and Collection shall occur on or before the Customer’s next regularly scheduled MSW Collection day. Bulky Goods at Residential Premises shall be Collected at, or reasonably near curbside, giving due consideration to circumstances of access points, vehicular and pedestrian safety and the like, in accordance with the scheduled appointment time established by Contractor, which shall in no case be earlier than 7:00 a.m. local time. Bulky Goods at Commercial and Business Establishments shall be Collected from the MSW enclosure area no earlier than 6:00 a.m. local time.
Contractor shall provide two residential Bulky Goods Collections per year of the Term of up to four (4) bulky items per Collection, at no charge to the resident. For additional Collections of Bulky Goods from Residential Premises and for all Collections of Bulky Goods from Commercial and
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Business Establishments, Contractor shall charge the fees set forth in Attachment D. Appliances containing Freon shall not be eligible for the complementary Bulky Goods Collection service but shall be Collected by Contractor as provided in Section 4.2. Contractor shall maintain records of the Customers requesting Bulky Goods Collections, the number of Collections requested by each Customer, and the number provided by Contractor. Contractor shall submit such records to the City upon request.
As part of a Bulky Goods Collection, Contractor shall Collect unusually large amounts of cardboard, such as moving boxes, and any other Commingled Recyclables at no additional charge.
Bulky Goods include furniture (such as a sofa, chair, desk, table, mattress, box springs, patio furniture); appliances (such as a stove, dishwasher, washer or dryer, water heater, microwave oven, air conditioner); toilets, sinks, other porcelain products; shipping crates, containers, bicycles, suitcases, barbeques, swing sets, tires, tools, toys; or other items the size or weight of which precludes Collection during regularly scheduled MSW Collection.
4.2 Collection of Appliances Containing Freon
Contractor shall provide Collection services for Appliances containing Freon (such as refrigerators) at Residential Premises and Commercial and Business Establishments in City.
Customer or City may request Collection of said appliances forty-eight (48) hours in advance and Collection shall occur on or before the Customer’s next regularly scheduled MSW Collection day.
Appliances containing Freon shall be Collected at, or reasonably near curbside, giving due consideration to circumstances of access points, vehicular and pedestrian safety and the like, and in accordance with the scheduled appointment time established by Contractor, which shall in no case be earlier than 7:00 a.m. local time. Appliances containing Freon shall be Collected from the MSW enclosure area at Commercial and Business Establishments no earlier than 6:00 a.m. local time. Contractor shall be responsible for the proper removal of the Freon from said appliances in a manner consistent with federal, state and local laws and regulations, and for Recycling the metal from said appliances. Contractor may perform this service itself or deliver the Collected appliances to a fully permitted third party for removal of the Freon and Recycling of the metal.
Contractor shall charge the fees in Attachment D for this service.
4.3 Special Events
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From time to time, the occupant of a Premises or the coordinator, manager or sponsor of a special event, such as a wine tasting, marathon or bike race, golf tournament, tennis tournament or other sporting event, a grand opening of a Commercial and Business Establishment, concerts, art shows, trade fairs, conventions, and the like, may require the services of Contractor in Collecting, and handling the MSW, Recyclable Materials, and Co-Collected Food Scraps and Yard Trimmings generated at the events. The Contractor shall assist each event in designing and implementing services to provide for the containment, storage, Collection, and handling of the MSW, Recyclable Materials, and Co-Collected Food Scraps and Yard Trimmings generated at the events throughout all phases including: A) the planning and set-up of the event; and B) during the event and C) the tear down process after the special event. The Contractor shall work with Customer to ensure that the Diversion of all Recyclable Materials, Food Scraps, and Yard Trimmings is maximized at these events consistent with SB 1383 Regulations. Contractor shall charge the occupant, coordinator, manager, or sponsor of a special event at the rate set forth in Attachment D.
Within thirty (30) days of the end of the event, Contractor shall provide a written report to occupant, coordinator, manager, or sponsor of the event with a copy to City, listing total tons of MSW, Recyclable Materials, and Food Scraps and Yard Trimmings by each individual category Collected, as well as the facilities to which the MSW, Recyclable Materials, and Food Scraps and Yard Trimmings were delivered, together with copies of weight tickets and other pertinent supporting cost documents.
4.4 Holiday Greenery Collection and Recycling
Contractor shall Collect at curbside Christmas trees and other Holiday Greenery on regular days of service for Residential Premises for two full weeks after the date of Christmas following the Christmas Holiday. Notices of this program, including instructions on how to prepare Holiday Greenery for Recycling may be included in Customer’s bills as described under Section 5.4 of Attachment B. Holiday Greenery shall be delivered by Contractor to the City designated Compost Facility. Trees and greenery that have been flocked or contaminated by tinsel shall be delivered to the City designated Disposal Facility.
Contractor shall provide City a written report by February 1 showing tons of Holiday Greenery Collected at curbside and the tons delivered to the Compost Facility and the Disposal Facility.
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Contractor shall provide City with copies of weight tickets from the Compost Facility and the Disposal Facility as documentation of the tons diverted.
4.5 Electronic Waste Collection
Contractor shall Collect Electronic Waste that cannot legally be disposed of in a landfill (currently cathode ray tubes (CRTs) and liquid crystal displays (LCDs)) at Residential Premises and Commercial and Business Establishments in City. Customer or City may request Collection of CRT/LCD forty-eight (48) hours in advance and Collection shall occur on or before the Customer’s next regularly scheduled MSW Collection day. CRTs/LCDs from Residential Premises shall be Collected at curbside, in accordance with the scheduled appointment time established by Contractor, which shall in no case be earlier than 7:00 a.m. local time. CRTs/LCDs from Commercial and Business Establishments shall be Collected in the area of the MSW enclosure, in accordance with the scheduled time established by the Contractor, which shall in no case be earlier than 6:00 a.m. local time. Contractor shall charge the fee set forth in Attachment D for this service. All Electronic Waste that is Collected by Contractor shall be delivered to a fully permitted processing facility for Recycling and reuse.
4.6 Emergency Services.
In the event of a natural disaster or other unforeseen emergency situation (e.g., earthquake, riot, or flood) Contractor shall, to the best of Contractor’s ability, provide emergency services to City within four (4) hours of notification by the City. Emergency services may include, but are not limited to, loading, Collecting and hauling MSW, Construction and Demolition Debris, and large items to processing facilities, landfills or stockpiles as directed by City. Contractor shall provide Collection vehicles, drivers and other personnel to City and shall be compensated directly by City for these services at the rates set forth in Attachment D.
In the event that Contractor is unable to provide emergency services or is unable to provide sufficient or timely emergency services to City, City reserves the right to contract with another solid waste enterprise on a temporary basis to Collect and transport MSW, Construction and Demolition Debris and all other materials as needed for City to protect the public health, safety, and welfare.
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4.7 Universal Waste and HHW Collection Services.
Contractor shall provide Residential Premises Generators with Universal Waste and HHW Collection services with two (2) pickups per year free of charge for on-call doorstep Collection.
SECTION 5 - PUBLIC INFORMATION AND CONSUMER EDUCATION.
5.1 General.
Contractor acknowledges that comprehensive, accurate information and consumer education are essential elements of the City’s efforts to comply with the requirements of the Act. Contractor shall implement a public information and consumer education program that is consistent with City’s goals and the requirements of Article 4 of the SB 1383 regulations. Contractor shall, at every reasonable opportunity, work to: familiarize residents, businesses, Property Managers, institutional representatives and other Persons with essential Source Reduction and Recycling concepts and activities; explain benefits of Recycling, Source Reduction, Composting and other forms of diverting MSW; provide data on Diversion activities in City which are coordinated or provided by Contractor; fully and clearly explain services and programs available to residents, businesses and institutions; publicize materials to be Collected for Recycling; diligently pursue expanding markets such that new items, formerly disposed at landfills, become Recyclable Materials and respond to questions or requests for information from residents, businesses, Property Manager, institutional representatives and other Persons. The content of all written materials to be distributed shall be subject to review and approval of City in advance of dissemination.
5.2 Notice to Residents and Development of Hang Tags.
Contractor shall, beginning in July of 2022, and during the month of July of each year thereafter, notify each Residential Premises Customer of the opportunity to participate, at no additional charge, in the curbside Recyclable Materials and the Food Scraps and Yard Trimmings program.
The notice shall include: how to obtain a Container or additional Containers if already participating, how to replace a lost, stolen or damaged Container, the benefits of Recycling to the community, the contaminants that have been identified during the SB 1383 Route Audit and other information as may be appropriate or required. Contractor shall submit to City by May 1 of each year a notice to City for review and approval. All costs associated with the preparation of a
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professional, well formatted and designed notice, as a pamphlet or brochure, costs of printing, labeling and mailing (first class postage) shall be borne by Contractor.
Prior to the July 1, 2022 implementation of the Food Scraps and Yard Trimmings program, Contractor shall design a one-page glossy bill insert, hand tags, and a post card for City review.
The hand-tags and postcard will be developed for: i.) program initiation for non-existing green waste areas and ii.) as a method of notification of Contamination.
Single-Family residents, who as of July 1, 2022 do not have a Yard Trimmings Cart and are billed directly for services, shall receive, no later than September 15, 2022, a postcard that informs them of the implementation of the Co-Collection of Food Scraps and Yard Trimmings and the need for participation. The postcard will inform the resident that a thirty-five (35) gallon Cart will be the default size delivered and the resident will have the option to exchange the size following the rollout period. Contractor shall provide the City draft copies of educational materials for review and approval thirty (30) days prior to distribution. The City shall review and return comments no later than five (5) business days.
For Residential Customers who are not receiving Yard Trimmings service prior to July 2022, Contractor shall provide out-dial reminders, two post card mailers and an instructional pamphlet delivered to educate Customers on the details of the Co-Collected Food Scarps and Yard Trimmings Residential Diversion Program throughout the time period of July 2022 through October 1, 2022.
5.3 Notice to HOAs and Property Managers
Contractor shall, beginning on October 2022, and during the month of October of each year thereafter, notify each HOA and Property Manager of any Multi-Family Premises or Mobile Home Park of each alternative method of Recycling available to its residents. This notice shall include the following: (A) Collection from backyard, side-yard, closet or other place of enclosure; (B) provision of a Bin or Bins in a central location, such as a work yard, for drop-off of Recyclable Materials and Food Scraps; (C) community drop-offs available for use by residents; (D) provision of Carts and Bins for Food Scraps and Yard Trimmings for use by residents; and (E) other methods available for ease of participation as needed.
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Contractor shall submit by August 1 of each year throughout the Term of the Contract a draft notice to City for review and approval. All costs associated with the preparation of a professional, well formatted and designed notice, as a pamphlet or brochure, costs of printing, labeling and mailing (first class postage) shall be borne by the Contractor.
Contractor shall utilize the one-page glossy brochure developed for the Single-Family and MultiFamily residents to inform residential Customers of the implementation of the Co-Collected Food Scraps and Yard Trimmings program for distribution to Property Managers and HOA representatives prior to, and no later than October 1, 2022 and every October thereafter.
Contractor’s Recycling Coordinator will meet with every Property Manager of Multi-Family Premises at least twice per year and attend Multi-Family related community meetings as requested by Property Managers. The Contractor shall develop and provide the City with the Collection plan for all new Multi-Family complexes prior to commencement of service as detailed in this Attachment B Section 2.02.9. Contractor shall provide literature and educational materials and communicate directly and in-person with participating complexes, and alert property or onsite managers where Contamination issues arise. Annually, beginning July 1, 2022, Contractor shall contact each Multi-Family property that does not have a Food Scraps Recycling program and provide a service proposal to incorporate Food Scraps Recycling into the property’s Food Scraps and Yard Trimmings Diversion Program.
5.4 Billing Inserts, Coupons, Website.
Contractor shall use bill inserts to advertise Recycling programs, special services, and special Recycling-related events. Contractor shall make public education materials available to City for placement on the City website, and for distribution at City designated special events, such as the July Fourth booth. Contractor shall pay for advertising, development and printing of education materials for the programs as defined by City.
Contractor shall on July 1, 2022 develop, and distribute a bill insert fully explaining the implementation of Co-Collected Food Scraps and Yard Trimmings at Single-Family Premises and Food Scraps Collection at Multi-Family complexes. The billing insert shall again be distributed October 1, 2022, and January 2023 and annually thereafter throughout the Term of the Contract.
The insert will consist of a 1-page glossy bill-insert that shall describe each of the Single-Family programs in detail. The bill insert for the annual requirement will use Contractor’s standard insert
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paper used with billing statement. The insert shall clearly describe what Food Scraps and Yard Trimmings materials are acceptable in the program and what materials are classified as Contamination. Public education materials shall be submitted to City for approval prior to printing and distribution. Such materials shall include, a list of frequently asked questions, and contact information for Contractor for residents to ask further questions. City shall review, provide comments, and, if acceptable, approve the outreach materials within 5 business days of receipt.
Contractor shall provide answers to residents’ questions and shall also provide a method for residents to ask and receive answers to follow-up questions about the program via telephone, email, text, as well as Contractor’s web site.
5.5 Brochure for Commercial and Business Establishments Annually, at Contractor’s sole expense, the Contractor shall prepare a professional, wellformatted and designed brochure for Commercial and Business Establishments that describes, at a minimum, the services available, benefits and cost savings that may result from participation in Diversion Programs, availability of technical assistance from Contractor or other Recycling companies and Persons. Contractor shall submit to City for review and approval the brochure not later than ninety (90) days after the beginning of the Term. (i.e., on or before October 1, 2006) and on or before October 1 of each year of the Term. Contractor shall distribute the brochure by a first-class postage mailing or in-person. The Contractor is responsible for reporting to City the results of phone and in-person contacts on an annual basis.
5.6 Non-Bill Mailing Lists
The Contractor shall create and maintain a mailing list of all accounts that are not directly billed, so called “non-bill” Customers. The Contractor may elect to utilize the services of a direct mailing service for these “non-bill” Customers. Examples of non-bill Customers are apartments, mobile homes, condominiums, assisted living facilities, and other lease term/tenant situations such as a business park or strip mall. The mailing list shall be updated on an annual basis at a minimum and shall identify the number of non-bill Customers who are “on service” through a central billing or property owner/Property Manager. The programs requiring an annual mailing to non-bill Customers will include all Diversion Programs plus special Recycling services such as Collection of Holiday Greenery.
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5.7 Planning Review at Request of City
At request of City, Contractor shall provide review of plans and specifications for new residential, commercial, Multi-Family and all other type of developments within City. Contractor’s representatives shall attend meetings, upon request of City, with City staff, the developer, the Planning Commission and such other meetings as may be required by City. Contractor shall provide skilled, knowledgeable personnel to assist in the planning of space, configuration, and layout of MSW and Divertable Materials storage and Collection at new developments in City.
5.8 Contamination Notices
If Contamination exceeds ten percent (10%) in Recyclable Materials Containers for all Commercial - Premises and Multi-family complexes, the Contractor shall work with the City, the Recycling Coordinator and the on-site Property Manager to reduce Contamination. For Contamination in Single-Family Collection routes, in addition to the actions described below for Commercial Premises and Multi-Family, the driver will place a hand tag on the Cart which contains: (a) details of the program and (b) the material(s) that were Contaminating the Cart. As of July 1, 2022, Contractor shall cooperate with City to support regulatory actions addressing Contamination that are required by SB 1383.
Drivers of Collection trucks shall have cameras and shall take pictures of loads exceeding the ten percent (10%) Contamination limit. Contractor shall record Contamination incidents on Customer accounts to include date of incident, record of picture taken, and type of Contamination.
Contractor shall send the Customer a letter stating the date and nature of the Contamination and shall include a copy of the picture(s). Contractor shall send a copy of said letter and picture(s) to the City at the same time the letter is sent or delivered to the Customer. The City and the Recycling Coordinator will work with the Contractor to educate the Customer regarding the Contamination issue.
Unless and until the City, working with Contractor and the Generator, has resolved the Contamination issue, Contractor shall continue to Collect the Commingled Recyclable Materials and Yard Trimming Containers containing any Contamination noted in the letter and photographs, and Contractor shall continue to process said materials at the Clean MRF designated by the City.
In the event Contractor has taken all required actions to Fully Implement a Diversions Program and completed all required tasks in described in this Attachment B Sections 2.02.9 and 3.03.4
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subparts “i” through “xi”, and the program(s) is still not meeting the performance standards, the non-compliant Customer shall be reported to City on the “Red/Green Tracking Spreadsheet” and on the list described in Attachment K, Monthly Reports. City will work with the Commercial and Business Establishment or Multi-Family Customer to the full extent of state and local law as described in Sections 2.02.9 and 3.03.4.
After working with the City, if the Customer agrees to implement the required program(s) as required by the City’s Mandatory Recycling Ordinance, City will refer the Customer back to Contractor for implementation of the program(s) and Customer shall be removed from list of “NonCompliant Customers Referred to City for Compliance Action Under Mandatory Ordinance” in Attachment K, Monthly Reports. If the Customer continues to refuse to implement one or more of the required programs after City action, the Customer remains on the list and Contractor is relieved of the responsibility to implement program(s) at that Customer.
The following table lists various Divertable Material streams to be Collected. This list includes items to be accepted in the Divertable Material stream and items that are considered Contamination in each of the Divertable Material streams. This list may be modified by the City at any time during the Term of the Contract.
Table 1. Divertable Material Streams and Contaminates
Recycling Material
Stream
Acceptable Materials Unacceptable Materials
(Contamination)
Commingled
Recyclables
Newspaper, phone books,
catalogs, magazines, brown
paper bags, packaging, egg
Cartons, white paper, colored
paper, envelopes (windows are
not Contamination), junk mail,
glossy paper, shredded paper,
carbonless, paper,
chipboard/boxboard, cardboard,
wrapping paper, empty
aluminum cans, empty tin cans,
juice containers, beer
Paper tissues, paper towels, paper
with plastic coating (i.e.,
photographs, label paper), paper
with food, wax paper, foil lined
paper, Tyvex (non-tearing)
envelopes, non-paper bags, plastic
liners (i.e., cereal bags), windows,
mirrors, dishware, ceramics, light
bulbs, florescent tubes, toys,
irrigation pipe, furniture, Styrofoam,
MSW, Hazardous Waste, hard
cover books/manuals, pyrex
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containers, sauce containers,
soda cans, tuna cans, soup
cans, loose jar lids, empty
aerosol, empty glass beverage
containers, empty glass food
containers, all glass colors,
empty CRV Plastic Containers
and bottles #1 through #7, soft
cover books/manuals, milk/juice
Cartons
materials, fiberglass materials
Co-Collected Food
Scraps and Yard
Trimmings
Food Scraps and loose green
material from the yard, grass
clippings, leaves, weeds, tree
trimmings, bush pruning’s, plant
material, vineyard clippings, tree
trunks/stumps/branches 6” or
less in diameter
Rocks, dirt, plastic bags, MSW,
Single-Stream Recyclables, pet
waste, Hazardous Waste, tree
trunks/stumps/branches greater
than 6” in diameter
Food Scraps “Food Scraps” means material
resulting from the production,
processing, preparation or
cooking of food for human
consumption that is separated
from MSW. Food Scraps
include surplus or unsold Edible
Food, raw food left over after
food preparation, leftover
cooked food, as well as spoiled
food such as vegetables and
culls, and plate scrapings. Food
Scraps includes, without
limitation, Food Scraps from
food facilities as defined in
California Health and Safety
Paper tissues, paper towels, paper
with plastic coating (i.e.,
photographs, label paper), wax
paper, foil lined paper, Tyvek (nontearing) envelopes, non-paper bags, plastic liners (i.e., cereal
bags), windows, mirrors, dishware,
ceramics, light bulbs, fluorescent
tubes, toys, irrigation pipe,
furniture, Styrofoam, MSW,
Hazardous Waste, hard cover
books/manuals, Pyrex materials,
fiberglass materials
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Packet Pg. 321 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 3
Code Section 113789, food
processing establishments (as
defined in California Health and
Safety Code Section 111955),
grocery stores, farmer’s
markets, institutional cafeterias
(such as schools, hospitals and
assisted living facilities),
restaurants, and Residential
Food Scraps. Food Scraps
does not include Food Soiled
Paper
Wood Non-treated wood, stained
wood, wood with nails, wood
with small metal items, tree
trunks/stumps/branches (free
from leaf and brush material)
Painted wood, lacquered wood,
creosote treated wood, railroad ties,
telephone poles, excessive nails,
large metal items, Hazardous
Waste
Concrete Clean concrete, concrete with
rebar, asphalt not exceeding
5% of incoming load by weight
All MSW, all other non-concrete
materials, Hazardous Waste,
asphalt exceeding 5% of incoming
load by weight
Metal Ferrous metal, non-ferrous
metal
Items less than 90% metal, fluids,
Hazardous Waste, all MSW
Cardboard Clean cardboard, chipboard Wax cardboard, all MSW, all noncardboard items, Hazardous Waste
Commingled
Construction and
Demolition Debris
All concrete materials, all metal
materials, all wood materials,
all cardboard materials, all Yard
Trimmings materials, drywall,
dirt, soil, asphalt
MSW, all Food Waste, Hazardous
Waste
5.9 Website.
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Packet Pg. 322 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 3
Contractor shall create and maintain a website with information on all of the City’s solid waste and Recycling programs. The Website shall clearly identify the representative of Contractor (e.g., the Recycling Coordinator or other Person(s)) that Customers can call for additional information or to subscribe to any of the Recycling services. The telephone numbers and e-mail addresses for said Persons shall be clearly displayed on the Website. Contractor shall permit the City to establish a link from the City’s website to the Contractor’s website for the above listed information.
5.10 Seminars, Workshops, Presentations, Meetings.
Contractor shall ensure the attendance of qualified and knowledgeable employees of Contractor, on an as-requested basis, at local seminars, workshops, presentations, meetings and the like, to provide information or discuss matters related to solid waste management and Recycling.
5.11 Proposals for New Diversion Programs
Contractor shall, at no additional cost, within forty-five (45) days of a request by City, submit a written proposal on providing additional or expanded Diversion services. The proposal shall contain a complete description of the following: (A) Collection methodology to be employed; (B) equipment to be used and staffing requirements by number and classification; (C) type of Container(s) to be used; (D) informational/promotional campaign; (E) projection of annual operating costs, including documentation of and support for key assumptions underlying projections.
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Packet Pg. 323 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) Exhibit 4
Attachment I - Page 1 of 1
ATTACHMENT I
CONTRACTOR FURNISHED PERSONNEL
Office and Management Headcount (Number of FTE)
Operations Manager James Laliberte
Route Manager Rob Allen
Route Manager Kraig King
Route Manager Anthony Lopez
Recycling Coordinator Craig Dibley (full-time)
Compliance-Contract Chrystal Denning
Recycling/Community Manager Maria Lazaruk
Collection and Transportation Headcount:
Labor Category Number of FTE
Residential Collection:
MSW 2
Recycling 2
Yardwaste 2
Commercial Collection:
MSW Driver 1
SB 1383 Route Drivers 2
Recycling Driver 1
Multi-family Driver 1
Yardwaste/Manure 0.5
Roll Off Collection:
MSW/Recycling/C&D 1
Relief Drivers & Spares: 1.5
Transfer Drivers 1
Total 15
Maintenance
Mechanics 1.5
Supervisor 1
Containers - Delivery 1
Mechanics Helpers 1
Other 1
Total 5.5
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Packet Pg. 324 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 5
Attachment K - Page 1 of 5
ATTACHMENT K
REPORTS TO BE SUBMITTED TO CITY
These reports are required at a minimum. The City has the discretion to request additional reports, to direct Contractor to modify format and layout, and to require that Contractor use existing City report formats and, beginning on January 1, 2022, to provide City with information on operations and programs as City requires to report under the provisions of SB 1383. All report formats shall be approved by City and should be submitted by email and, at City request, one (1) printed copy. A reporting year for the City will be a Calendar Year: January 1 through December 31. Reporting requirements for SB 1383 Regulations shall be included as required, and as may be amended.
Contractor shall provide, for all monthly, quarterly, and annual reports a certification statement, under penalty of perjury, by the responsible corporate official, that the reports are true and correct.
Monthly Reports
Monthly reports shall include a Year-to-Date summary. Monthly reports shall be submitted within twenty-five (25) calendar days after the end of each month for information on the preceding month. The information listed may be combined into one or several reports and shall be the minimum reported:
1. Diversion Program(s) tonnage and goal summary.
2. All reports required by Attachment B and Article 9 of the Contract.
3. Contractor to provide an accounting of all Multi-Family Food Scraps outreach and education efforts focused on Multi-Family Food Scraps in a monthly Red/Green Tracking Spreadsheet document.
4. Contractor to provide monthly Container count updates for all Multi-Family Food Scraps Carts and Bins deployed in the City (addition to PROGRAM SUMMARY report ‘Container Count’ tab).
5. Contractor to note all new Multi-Family Food Scraps Bin deliveries and removals in monthly reports.
6. Contractor to provide Multi-Family Food Scraps collection tonnages in its monthly, quarterly, and annual reports to the City (volume-based allocation-based reporting between commercial and Multi-Family).
7. Contractor to provide listing of non-compliant accounts referred to the City for refusal of state-mandated Food Scraps Recycling program on a monthly basis with monthly reports. At the time of refusal, Contractor shall notify City via email and a phone call for verification of receipt of email.
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Packet Pg. 325 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 5
Attachment K - Page 2 of 5
8. Report instances of monthly Contamination for Residential Premises programs of Cocollected Food Scraps and Yard Waste routes.
9. Report instances of monthly Contamination for Commercial Premises programs of Food Scraps and Yard Waste routes.
10. Recycling Coordinators’ activity, showing individual interactions with residences, MultiFamily Premises, and Commercial Premises including the date, a description of, and the nature of each outreach/contact effort; status of program implementation or educational efforts; issues with Diversion such as Contamination, lack of participation, or overflow; objections to implementing Diversion programs; and other information as directed by the City. The results from most recent on-site field Container Contamination audits, as described in Attachment N, shall also be included in the Red/Green Tracking Spreadsheet for each account and for each line of service used by each account.
11. Total tons of MSW and all other materials Collected and Recycled within the City including the diversion rate. Tons Collected and Recycled should be grouped by the specific type of waste generator and program (e.g. Residential MSW, Residential Commingled Recyclables, Residential Co-Collected Food Scraps and Yard Trimmings, Residential Stable Bedding and Manure, Residential Bulky Goods, Residential E-Waste, Commercial MSW, Commercial Commingled Recyclables, Commercial Food Scraps and Yard Trimmings, Commercial Stable Bedding and Manure, Commercial Bulky Goods and E-Waste Collected, Multi-Family Commingled Recyclables Collection, Multifamily Food Scraps and Yard Trimmings Collection, Construction and Demolition Debris tons, and if authorized by City, any tons delivered to Biomass and Transformation facilities. Report should also exhibit how many tons were collected and Diverted at the Compost Facility, Clean MRF and each Construction and Demolition Debris Processing Facility including the respective diversion rate at each.
12. Tons Collected and Diverted by Sector: Tons Collected and the Tons Diverted in the City shall be grouped by each type of Collection service for each class of Customer, as described below:
MSW Tons Collected from Residential Customers
Recyclable Materials Tons Collected and Diverted from residential and commercial Customers
Co-Collected Food Scraps and Green Waste Tons Collected and Diverted from residential Customers, HOA, Multi-Family, and commercial Customers
13. Tons Delivered to, and Diverted by, Processing Facilities: Report shall list the number of Tons that were delivered to, and Diverted by, each Compost Facility, Clean MRF, and all other Processing Facilities used. Diversion rates shall be based upon the results of the audits described in Attachment N.
14. A listing of all accounts, in Excel format, including:
a. Customer number
b. Customer name
c. Street address
d. Billing address
e. All service information, including
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Packet Pg. 326 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 5
Attachment K - Page 3 of 5
i. Line of service (i.e., MSW, Food Scraps, Co-Collected Food Scraps and Yard Trimmings, Divertable Materials)
ii. Container inventory
iii. Container size
f. Service Contact name
g. Service Contact number
h. Billing Contact Name
i. Billing Contact Number
15. Number of Customers NOT participating in Diversion programs provided by Contractor (i.e., Single Stream Recyclable Materials Collection Program, Co-Collected Green Waste and Food Scraps Diversion Program Divertable Materials). This section of the report must also include the total number of Containers in use for Single Stream Recyclables (Divertable Materials), Co-Collected Green Waste and Food Scrap Diversion, Food Scrap Diversion, and MSW Collection/Disposal service.
16. The number of Kitchen Pails distributed during the reporting period.
17. The number of Residential and Multi-Family Premises without Kitchen Pails.
18. Narrative summary of problems encountered and actions taken with recommendations for the City, as appropriate.
19. Summary of service complaints.
20. Summary of recently added SB 1383 commercial accounts.
21. Number of cancelled commercial account service. The reasons for cancelled service must be provided with report.
22. Number of commercial Contamination notices issued with addresses and account observations.
23. Warning notices issues for contaminated loads.
24. Number of businesses and residential accounts with E-waste pick-ups.
25. Number of business and residential accounts with Bulky Goods pick-ups including items that contain Freon.
26. Number of residential accounts and Containers participating in the Stable Bedding and Manure program.
27. Number of businesses and/or residents participating in Source Separated Recyclable Material program(s) (e.g., glass recycling). Information should include name of business, business address or residential address, number of Carts or Bins, size of Carts or Bins, and the type of Source Separated Recyclable Material collected.
28. Number of residential accounts participating in backyard wheel-out service.
29. Number of residential pickups of Universal Waste and HHW.
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Packet Pg. 327 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 5
Attachment K - Page 4 of 5
Quarterly Reports
Within 25 days after the completion of each quarter of the Calendar Year, Contractor shall submit a Quarterly Report. The report shall provide a quarterly summary of the monthly reports in addition to the following at a minimum:
1. Copies of promotional and public education materials sent during the quarter.
2. A narrative description of problems encountered, and actions taken, including efforts to document, and engage with Customers. The narrative is to include a description of tons rejected for sale after processing (type of material, tonnage), reason for rejection and Contractor’s disposal method for the rejected materials.
3. Recycling sales revenue by type of material marketed on a gross and net basis.
4. Quarterly SB 1383 route review Contamination audits.
5. Quarterly Diversion allocation audits.
Annual Reports
On or before March 15, 2008, and on or before the same date in all subsequent years of the Term, Contractor shall submit to the City Manager a written year-end Annual Report, in a form approved by the City. The annual report shall include information as to timely compliance with Contractor’s Diversion program implementation obligations and MSW and Divertable Materials Collection and the following information for the Calendar Year then ending:
1. General information about Contractor, including a list of Contractor’s officers and members of its board of directors. A copy of Contractors most recent annual and other periodic public financial reports and those of each of its subsidiaries and affiliated corporations and other entities if any, performing services under this Contract, as the City, following consultation with Contractor, may request.
2. A report of the previous year’s Calendar Year activities in the City, including a cumulative summary of the Quarterly Reports, and information and statistics with respect to City’s compliance with the Act.
3. A complete inventory of equipment used to provide all services (such as vehicles and Containers by size and waste stream type).
4. Results of the Route Review on participation and Contamination as required in Attachment B and Attachment N in Contract.
5. Number of account information and Cart and Bin information as requested in the Monthly reports.
6. Changes in solid waste management and Recycling efforts, including projections and proposed implementation dates and costs, recommended by Contractor and recommended amendments to the City’s SB 1383 Diversion Programs, or this Contract, based on developments in the law or technology. Contractor’s recommendations with
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Packet Pg. 328 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 5
Attachment K - Page 5 of 5
respect to compliance with the Act and other Diversion requirements shall state the specific requirement that the implementation of the recommendation(s) is intended to satisfy.
7. SB 1383 reporting items
a. The number of total generators receiving Food Scraps/Green Waste Collection service
b. Number of route reviews conducted
c. Number of waste characterizations conducted
d. Number of field Container Contamination audits conducted e. Number of times notices or targeted education materials were issued by Contractor f. The number of notifications received from a solid waste facility operator regarding materials Contamination
g. Number of households that do not have Food Scraps/Green Waste Cart h. Number of households that do not have Recyclable Materials Cart
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Packet Pg. 329 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 6
ATTACHMENT N
Attachment N
Methodology for SB 1383 MSW and Recyclable Materials Audits Per Section 9.07, Contractor shall conduct periodic on-site field Contamination audits to determine the levels of Contamination in the Commercial/Multi-family and Residential MSW Containers. The on-site field Contamination audits are of Containers on routes Collecting MSW.
The purposes of the audits are as follows:
(i) City compliance with 14 CCR Section 18984.5 for Container Contamination minimization;
(ii) Determining the quantities and types of Contamination in Divertible Materials and MSW being Collected in the City in order to identify sources of the Contamination and to reduce the levels of Contamination through additional public outreach, training, and enforcement of local, state and federal laws and regulations regarding Contamination.
The specific protocols that shall be used to conduct audits are also included in this Attachment N. The City or its representative may be present to observe any field Contamination audit described in this Attachment N. Contractor shall provide no less than thirty (30) calendar days advance notice to the City of when each audit is scheduled.
1. Residential On-site Field Cart Contamination Audits
The following methodology shall be used to conduct on-site field Contamination audits of MSW, Recyclable Materials, and Single Stream and Co-Collected Food Scraps and Yard Trimmings materials in the automated Collection routes as noted in Attachment B, 2.02.4.
Timing: On-site field Contamination audits shall be conducted during the fiscal year, preferably during two distinct seasons of the year.
Methodology:
Each on-site field Contamination audit shall target a minimum of two percent (2%) of the Residences served by the Contractor in the City. The Contractor shall conduct the audit over the year by sampling 45 households per quarter. Each route day (M,T,W,Th,F) a total of 9 samples shall randomly be collected. Contractor has developed an audit application tool to select the nine random samples (households). Contractor shall allocate adequate staffing to complete the methodology herein in a diligent and workmanlike fashion. Per Section 18984.5(b) of the SB 1383 Regulations, audits shall be conducted in a manner that results in Carts along all Contractor routes being audited annually. The audits shall be
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Packet Pg. 330 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 6
ATTACHMENT N
conducted on Carts placed at curbside by the Customer for Collection by Contractor (e.g. MSW, Recyclable Materials, and Co-Collected Food Scraps/Green Waste) before the Carts are Collected on the regular service day, in order to observe full Carts. The specific methodology for conducting the audit of each Cart shall be as follows:
1. Upon arrival at a Residential Premises, the recycling coordinator will note the address, the size of the Cart, and number of carts set out for service.
2. Observe fullness of each Cart. Using a tool, prod to reposition materials to visually assess maximum amount of the contents of the Cart. Open bags if most of the contents in the Cart are bagged. Note and photograph any Contamination observed in any Cart audited. Note photo numbers on audit sheet and if materials are bagged. Estimate percentage, by volume, of specific Contamination materials observed (e.g. aluminum cans in MSW Cart) and note them on audit sheet
3. If contaminants are observed, place a ‘hang tag’ on the Contaminated Cart noting the unacceptable material that was found in the Cart and provide public education materials reminding the Customer of what materials are acceptable in which Carts (as further described below).
During the audits, the Contractor shall note all the following attributes:
Fullness of each of the Carts set out for Collection (percent full – by volume)
Percentage, by volume, of observed Contamination in the MSW Carts set out for Collection (i.e. Food Scraps, and/or Green Waste in MSW Cart) Descriptions of specific contaminants found in each Cart Participation of Residents in Co-Collection program (i.e., the presence of Co-Collected Green Waste/Food Scrap Cart set out for Collection) Curbside placement rates (i.e., the absence of a Recyclable Materials or Food Scraps/Green Waste Cart when an MSW Cart is present at the curb or in the alley)
If there is any observable Contamination in the MSW Cart, the Contractor shall place a ‘hang tag’ on the Cart notifying the Customer of the Contamination incident and how to correct it. The ‘hang tag’ shall indicate 1) the type of contaminant(s) observed by Contractor’s staff during the audit and 2) the appropriate Cart in which the prohibited contaminant(s) should be placed. The notification shall include information regarding the resident’s requirement to properly separate materials into the appropriate Carts. The City shall approve of the ‘hang tag’ before it is placed into use. The Contamination items and quantities shall be noted and photographed. The photo number and Contamination item(s) shall be noted in the field data collection sheet.
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Packet Pg. 331 Attachment: Attachment 1 - Proposed Amendment No. 2 to CR&R Franchise Agreement (2879 : CR&R Amendment No. 2) EXHIBIT 6
ATTACHMENT N