CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Deputy City Manager
DATE: April 5, 2022
SUBJECT: Approval of Amendment No. 2 to the Professional Services Agreement for On-Call Professional Services with EcoNomics, Inc. to Provide Solid Waste Management Consulting, and Grant Revenue Passthrough Recognition
RECOMMENDATION
Staff recommends that the City Council:
1. Approve of Amendment No. 2 to the Professional Services Agreement for On-Call Professional Services with EcoNomics, Inc. to provide solid waste management consulting services for a total not-to-exceed amount of $86,494 to assist with implementing Senate Bill 1383;
2. Approve a budget adjustment to recognize awarded grant revenue in the amount of $86,494 and an expenditure appropriation of $86,494 in Fiscal Year 2021-2022; and,
3. Authorize the City Manager to execute Amendment No. 2 and future amendments to the Professional Services Agreement for On-Call Professional Services with EcoNomics, Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND
Senate Bill No. 1383 (SB 1383) was signed into law on September 19, 2016, to reduce organic waste disposal by 75% and increase edible food recovery by 20% by 2025. SB 1383 is the most significant waste reduction mandate adopted in California in the last 30 years. As a result of SB 1383 and the regulations established by the Department of Resources Recycling and Recovery (CalRecycle), all cities in California must implement the following practices to be considered compliant
• Provide organic waste recycling services to all residents and businesses; • Inspect and enforce compliance with SB 1383 by adopting an enforcement ordinance;
• Implement an edible food recovery program that recovers edible food from the waste stream;
• Conduct outreach and education to all affected parties, including generators, haulers, facilities, and edible food recovery organizations; • Procure recycled organic waste products like compost, mulch, and renewable natural gas; and,
• Maintain accurate and timely records of SB 1383 compliance for annual reporting requirements.
The City's proactive approach to implementing SB 1383 requirements has made it a leader throughout Orange County. On May 4, 2021, the City Council unanimously adopted Ordinance No. 2021-209, Organic Waste Disposal Reduction Requirements, as required by state law, with CalRecycle regulations taking effect on January 1, 2022.
Because of the City's proactive approach, more than 95% of residents and 78% of businesses in the City of Laguna Niguel are already compliant with having an organic waste recycling program in place.
ANALYSIS
CalRecycle is administering a one-time grant program intended to provide aid in the implementation of regulations adopted by CalRecycle. The grant program provides cities with funding to assist with the implementation of regulation requirements associated with SB 1383. While the City is well-positioned to meet the requirements established by SB 1383, areas of increased focus have been identified. These areas include multi-family organics recycling program implementation, residential homeowners' association space constraint troubleshooting, and other auxiliary tasks to obtain full compliance.
To best serve the residents of Laguna Niguel and maintain compliance with regulations established by CalRecycle, City Staff requested a proposal from On-Call Consultant EcoNomics, Inc. (Attachment A). EcoNomics, Inc. is on the City's approved list of On-Call Environmental Program Services firms and is the only approved On-Call Consulting firm that provides solid waste management consulting. EcoNomics, Inc.'s proposal includes the following implementation tasks that will continue to help the City gain additional SB 1383 compliance:
• Conducting Multi-family Organic Recycling Program Implementation Residential HOA Space Constraint Troubleshooting
• Assisting with CalRecycle Reporting Requirements
• Edible Food Recovery Program Development
• Assisting with Additional SB 1383 Tasks as needed
EcoNomics Inc. currently provides solid waste management consulting services for the City and has extensive experience providing a similar scope of services throughout Orange County. Based on EcoNomics Inc.'s qualifications, relevant experience, and proposed fee schedule, staff recommends approving Amendment No. 2 to the On-Call Professional Services Agreement with EcoNomics, Inc. to provide additional assistance in implementing SB 1383 (Attachment B).
ALTERNATIVES CONSIDERED
1. The City Council may decide not to approve Amendment No. 2 to the On-Call Professional Services Agreement with EcoNomics Inc. and direct staff to seek alternative uses for the grant funds. Staff advises against this alternative as it could open the City to potential risk with CalRecycle Regulations related to multi-family compliance.
2. The City Council may decide not to approve Amendment No. 2 to the Professional Services Agreement with EcoNomics Inc. and direct staff to issue an RFP. Staff believes that issuing an RFP will not result in more desirable proposals and would delay the implementation of necessary outreach and compliance efforts.
FISCAL REVIEW
SB 1383 Local Assistance Grant Program funds are dispersed to the City by CalRecycle.
This item was not in the adopted Budget for Fiscal Year 2021-2022. As such, the City Council will need to approve a budget amendment. Approval of this staff report includes amending the revenue amount in the City's adopted budget by $86,494 in revenue account 100-29-3180 for Recycling Programs to account for the grant funding in that same amount, and amending the expenditure account 100-29-6725 for Professional Services-Other to account for the proposed expenditure for the Amendment No. 2 to the Agreement with EcoNomics, Inc. Use of these funds may only be utilized for SB 1383 implementation efforts.
LEGAL REVIEW
The City Attorney's Office has reviewed Amendment No. 2 and this Staff Report and has approved both documents as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve of Amendment No. 2 to the Professional Services Agreement for On-Call Professional Services with EcoNomics, Inc. to provide solid waste management consulting services for a total not-to-exceed amount of $86,494 to assist with implementing Senate Bill 1383;
2. Approve a budget adjustment to recognize awarded grant revenue in the amount of $86,494 and an expenditure appropriation of $86,494 in Fiscal Year 2021-2022; and,
3. Authorize the City Manager to execute Amendment No. 2 and future amendments to the Professional Services Agreement for On-Call Professional Services with EcoNomics, Inc., subject to the City Attorney making non-substantive changes.
Martin
. Letourneau
Deputy City Manager
Reven i It Sumis Triu Pendiubson
Kevin G. Ennis Eric Hendrickson
City Attorney Finance Director
Kein X. O Common
Kevin X. O'Connor
Management Assistant
Attachments:
A. EcoNomics Inc. Proposal for Senate Bill 1383 Implementation Assistance B. Amendment No. 2 to the Professional Services Agreement with EcoNomics Inc.
ATTACHMENT A
EcoNomics Inc. Proposal for Senate Bill 1383
Implementation Assistance
EcoNomics
DATE: January 28, 2022
TO: Russell Narahara
Senior Management Analyst
City of Laguna Niguel
3011 Crown Valley Parkway
Laguna Niguel, CA 92677
FROM: Trevor Blythe
President
EcoNomics, Inc.
RE: SB 1383 Implementation Assistance
Per the City's request, EcoNomics has developed the following scope of work to assist the City with implementing the requirements of SB 1383.
Task 1: Multi-family Organics Recycling Program Implementation Upon discussion with the City's franchise hauler, CR&R Environmental Services, EcoNomics will divide the remaining pool of 39 non-compliant accounts in half with CR&R leading compliance efforts for 20 accounts and EcoNomics leading compliance efforts for 19 accounts. Attachment 1 includes the listing of accounts in which EcoNomics will focus.
EcoNomics will conduct the following tasks for each non-compliant property:
Task 1A: Contact Property
The City will distribute direct-mailed notifications to all multi-family properties without a food scrap recycling program to notify the property of its non-compliance and of its compliance obligation. This notification will include EcoNomics' contact information for the 19 properties to which it is assigned. EcoNomics staff will be available to field calls from property managers regarding the letter. For accounts that do not respond to the letter within 14 days of receipt, EcoNomics will follow-up directly with the property manager of the non-responsive properties to discuss its compliance obligations. During these conversations, EcoNomics will communicate the requirements of SB 1383 and the City's local ordinance, the rate incentives for multi-family organics, the outreach assistance available to the management to educate residents of the program, and potential fines for non-attainment. During these conversations, EcoNomics staff will work to obtain approval of the program, schedule a presentation to the Homeowners Association Board (if the property is managed by such an entity), schedule an onsite meeting to 1 further discuss details of the program, or obtain agreement to conduct a site assessment to identify locations in existing waste enclosures to deliver organics recycling containers.
Task 1B: Conduct Site Assessment
Upon initial contact with the property management company, and after attaining permission to conduct a site assessment, EcoNomics will conduct a site assessment with the following objectives:
Identify existing trash and recycling bin inventory and service levels Determine baseline disposal costs
Measure bin enclosures to assess feasibility of delivering additional organics containers - Confirm green waste recycling program is in place
- Gather data to develop digital map of property showing existing enclosure locations, enclosure dimensions, enclosure trash and recycling bin inventories, and enclosures that could house additional organics recycling bins
The data from this site assessment will be incorporated into a digital map showing all bin locations on the property. Further, baseline service levels for trash and recycling containers will be entered into an Excel spreadsheet to identify baseline collection costs.
Task 1C: Develop Proposal for Property and Present to Property Management Company/Homeowner Association Board
Using data gathered during the site assessments, EcoNomics will develop a cost-proposal for the property to incorporate organic waste recycling into existing service levels. To develop the cost proposal, EcoNomics will use a spreadsheet pre-populated with existing CR&R rates. Using this calculator will allow EcoNomics to efficiently evaluate multiple service scenarios and incorporate the most cost-effective organics recycling service. EcoNomics will include multiple options to incorporate organics recycling service into the cost proposal for the property to allow for a phased-in, multi-month implementation process. This will allow time for residents to adjust to the new program. The proposal will also include an outreach plan tailored to the property to maximize residential participation. An example of a proposal for a multi-family property is included as Attachment 2.
Upon submittal of a cost-proposal, EcoNomics will coordinate with the property management company or HOA to present the proposal and answer any questions the property may have. If needed, staff from EcoNomics will attend HOA Board presentations or schedule onsite meetings with property management staff to present the proposal directly to the decision makers).
EcoNomics will also conduct sufficient follow-up to attain a decision from the property within one month of submitting the proposal. This will entail weekly follow-up with the recipient of the proposal via email, phone calls, or onsite visits.
2 Task 1D: Conduct Onsite Training of Residents
Upon attaining approval to implement a food scrap recycling program by a property manager, EcoNomics will coordinate with the manager to implement resident outreach prior to the delivery of organics recycling containers. EcoNomics will provide the property manager with a draft memo to residents regarding the implementation of the program, which will include graphics illustrating how the program will work. The outreach material will also include a Quick Reference Code (QRC) linking to the City's 'how to' organics recycling video. Whenever possible, EcoNomics will request that the property manager send 'pre-notification' to all residents prior to the onsite distribution of outreach material to alert residents of the planned distribution of outreach by EcoNomics and/or CR&R staff. This message will also note that all EcoNomics staff are fully vaccinated for COVID-19 and that masks and appropriate social distancing protocols will be observed during the outreach distribution.
During onsite distribution of outreach material, EcoNomics will go door-to-door to all residential units within the property (or, if a pilot program is being implemented, to all residents using the enclosure where the pilot organics bin will be located) and knock on each door. If a resident answers, EcoNomics staff will provide the resident with a kitchen pail, informational brochure (provided by CR&R), and a letter on the property management and/or City of Laguna Niguel letterhead. An example of an outreach letter is included as Attachment 3. To maximize the number of residents that answer their door, EcoNomics will conduct outreach after 5 pm on weekdays. Further, EcoNomics staff that are fluent in Spanish will be made available upon request by the property manager to discuss the program with Spanish-speaking residents, as needed. If the door is not answered after the first attempt, EcoNomics will make note and return for one additional attempt for a total of two attempts to contact the resident. If, upon the second attempt, the resident does not answer the door, EcoNomics will leave the kitchen pail, letter, and outreach material on the residents' doorstop with a note providing a direct line to staff who are available to answer questions. EcoNomics will coordinate with the CR&R sustainability team to assist with onsite direct outreach to reduce consulting staff time needed to conduct outreach.
EcoNomics will also provide staffing, along with CR&R sustainability coordinators, at property events to 'kick-off' the new program, as needed. Such events may include pool parties, events in community rooms, picnics, etc. EcoNomics, along with CR&R sustainability coordinators, may coordinate with property management or HOA boards for tabling events in common areas to reach a greater number of residents. If residents are unable to be reached in person, EcoNomics will host a 'town hall' style presentation and answer questions about the new program. This town hall may be conducted in person or via an online forum such as Zoom or GoToMeeting, depending on the property management's preference and COVID-19 public health directives at the time.
The number of resident interactions conducted by EcoNomics staff, as well as the number of kitchen pails distributed, will be tracked and reported to the City on a monthly basis.
Task 1E: Monitor and Troubleshoot Program
EcoNomics staff will conduct weekly site visits for the first month after the program is implemented to confirm that CR&R delivered the requested equipment and to ensure that the 3 container is being collected by the driver. If EcoNomics notes any operational issues, it will coordinate with CR&R to troubleshoot, as needed. If unacceptable contamination or participation levels that are not in line with the City's municipal code are encountered, EcoNomics staff will coordinate with the property management to suggest additional outreach and education to residents.
Task 2: Residential HOA Space Constraint Troubleshooting The City contains over 120 Homeowners Associations (HOAs), all of which are required to have organics recycling programs per SB 1383. Prior to the July 1, 2019 start date of CR&R's current franchise agreement, over 4,000 housing units located within HOAs subscribed to a 2-cart curbside program that only consisted of one trash and one recycling cart. Prior to the implementation of a curbside residential organics recycling program, a third organics recycling cart was previously not needed at these properties since the property management company employed landscaping contractors to maintain the landscaped areas and haul away any green waste. With the January 1, 2022 effective date of SB 1383 mandating that all households have organics collection service, many residents in these neighborhoods are indicating that they do not generate enough food scraps to justify the need for a third organics cart. Other residents have noted that they do not have sufficient room in their garage or at the curb for a third cart.
The City has received dozens of calls from residents to this end. The SB 1383 regulations do not allow for a low-generation exemption and the allowance of a space-constrained exemption is currently under review. The compliance pathway suggested by CalRecycle staff is to encourage residents to share containers and, to facilitate this approach, some properties are considering building centralized enclosures to house organics recycling containers for shared use by residents.
To assist properties with SB 1383 compliance, EcoNomics will conduct site visits to determine physical space limitations at HOAs with cart service that have indicated to the City that there is no room for a third cart. EcoNomics will work with the property to identify compliance pathways that may include:
- Facilitating shared container programs between neighbors that matches household models that have sufficient room for a third cart with those that don't Identifying areas on the property that may house shared organics recycling receptacles for communal use
Coordinating with property managers to document shared organics container arrangements to demonstrate compliance to City and CalRecycle Assist properties in conducting outreach to notify residents of shared organics collection programs
- Coordinate with CR&R to develop operational solutions to physical space constraint issues EcoNomics will work with properties that the City refers on an as needed basis. The included for this task assumes EcoNomics will be able to work with 3-5 properties with physical space constraints to implement shared organics collection programs. 4 Task 3: Other SB 1383 Tasks, as needed
EcoNomics will assist the City with other SB 1383-related tasks, as needed. These may include grant reporting, record-keeping development, procurement assistance, CalRecycle reporting, edible food recovery program development, etc.
Table 1: Proposed Budget
Vice Project _ Coordinator
Field
President Manager TOTAL STAFF
HOURS® TOTAL COST
Blythe Riley Kadonoff Ferufino
$175.00 $115.00 $95.00 $75.00
Task 1A: Contact Property 75 12 6 95 S 10,565.00
Task 1B: Conduct Site Assesment N N 18 12 48 80 $ 7,160.00 Task 1C: Develop and Present Proposal 5 48 38 19 110 $ 11,430.00 Task 1D: Conduct Onsite Training 20 38 172 235 $ 19,685.00 Task 1E: Monitor and Troubleshoot Program 20 30 129 $ 11,375.00 35 40 163 16,025.00
Task 2: Residential HOA Space Constraint Troubleshooting Task 3: Other SB 1383 Tasks, As Needed 12 20 30 40 102 $ 10,250.00 45 236 200 433 914 $86,490.00
*Staff hours may be moved between tasks upon City approval.
Thank you for your consideration.
Ide'
Trevor S Blythe
Vice President
EcoNomics, Inc.
832 Camino del Mar, Suite 2
Del Mar, California 92014
Attachment 1: EcoNomics Target Properties
ACCT # PROPERTY NAME SERVICE ADDRESS HOA/APT Units
19715 MARIN COLONY HOA 24831 NUEVA VISTA DR HOA 30
19692 BEACON HILL SEAWATCH HOA BRIGHTON PL HOA 40
19656 VISTA DEL CERRO HOA 29102 VIA CERRITO HOA 60
19555 CROWN VLY CONDO. ASSOC. HILLHURST & CROWN VL HOA 76 57039 FOUNTAIN GLEN SENIOR APTS 25501 CAMINO LOS PADRES APT 96 33131 FOUNTAIN GLEN @ LAGUNA NIG 25502 CAMINO LOS PADRES APT 96 19699 BEACON HILL WINDRIFT HOA 1 DOVER PL HOA 136
19574 | CASA LA PAZ 24297 EL PILAR HOA 144
47780 NIGUEL VILLAS CONDO INC. 1 W NINE DR HOA 161
19660 NIGUEL SUMMIT APARTMENTS 30252 PACIFIC ISLAND DR HOA 170 60342 RW SELBY 30122 NIGUEL RD APT 176
19655 THE BREAKERS @ BEAR BRAND SHOREBREAKER DR HOA 180 19682 VILLA MIRA HOA 25922 VILLAMIRA HOA 216
19633 VILLAGE NIGUEL TERR. #2 ELAINE DR HOA 243
62125 APEX APARTMENTS 27960 CABOT RD APT 284
19607 HIDDEN HILLS APARTMENTS 30041 TESSIER ST APT 324
WINDRIDGE APRTMNTS
19725 (EQY029110) 24922 HIDDEN HILLS RD APT 344
19622 LAGUNA GARDENS APARTMENTS 24389 ALELLA TER APT 372 67194 ATRIA SENIOR LIVING #10840 30111 NIGUEL RD APT unknown Attachment 2: Example of Multi-family Cost Proposal
EcoNomics
Cost Saving Recycling Program
Proposal for Cost Saving Recycling Program at The Willows Foundation: Although it will take some effort, in the end, property managers will realize decreased disposal bills by subscribing to a source-separated recycling program. The proposed service levels described below represent the cost structure when the recycling program is fully implemented, at which point your property will realize a monthly savings of $349 - 480 per month. As an incentive to increase participation, recycling service is offered at a 50% discount when compared to trash service rates. Recycling service can be adjusted at any time. However, Assembly Bill 341 requires that all commercial and multi-family properties that generate more than 4 cubic yards of trash per week have a recycling program in place by July 1, 2012. Below, you will find a table with a description of your current trash service and a table with the proposed service levels that incorporate recycling. On pages 2 and 3 of this proposal, you will find two maps of The Willows Foundation showing current container inventories and bin service levels for each of the five enclosures on the property.
Current Service Cost of $1,905 Per Month
Service
Bin Quantity Bin Size Bin Type Yards/Week Cost/Month
Days/Week
10 Trash 2 60 $1,905.60
Description of Current Service: The Willows Foundation currently has ten (10) 3-yard trash dumpsters distributed throughout 5 enclosures (see maps on page 2 & 3). Each enclosure houses two (2) 3-yard trash dumpsters serviced two days per week. It is estimated that about 50% or more of the volume of waste generated by residents is recyclable.
Proposed Service Option 1: Cost Savings of $349.15 Per Month/$4,188 Per Year Service
Bin Quantity Bin Size Bin Type Yards. Week Cost/Month
Days/Week
5 3 Trash 3 45 $1,261.65
5 3 Recycling 1 15 $294.80
Total 60 $1,556.45
Proposed Service Option 1 Changes: (See map on page 2)
Proposed service option 1 is a conservative approach to implementing recycling at the Willows Foundation. Proposed service changes would replace one (1) 3-yard trash dumpster with an equivalent- sized 3-yard comingled recycling dumpster serviced one day per week in each enclosure. The frequency of collection on the remaining trash dumpster in each enclosure will be increased to three days per week.
We recommend first starting with option 1 and if successful, adopting the changes in option 2 after a few months to maximize monthly cost-savings.
By implementing the proposed recycling program, The Willows Foundation will save $349 per month. The proposed recycling program will ensure that about 25% of the properties' total waste removal volume is recycled.
Proposed Service Option 2: Cost Savings of $480.10 Per Month/$5,761.20 Per Year Service
Bin Quantity Bin T eek
Days/Week
5 3 Trash 2 30 $952.80
5 3 Recycling 2 30 $472.70
Total 60 $1,425.50
Proposed Service Option 2 Changes: (See map on page 3)
We recommend proposed service option 2 be implemented after service option 1 has been in effect and successful for 1 - 3 months. Proposed service option 2 will maximize The Willows Foundation's monthly cost-savings.
The proposed service changes would replace one (1) 3-yard trash dumpster with an equivalent-sized 3- yard comingled recycling dumpster serviced two day per week in each enclosure. The frequency of collection on the remaining trash dumpster in each enclosure will also be two days per week.
By implementing the proposed recycling program, The Willows Foundation will save $480 per month. The proposed recycling program would ensure that 50% of the properties total waste removal volume was recycled.
Resident Outreach and Monitoring: EcoNomics will work with your residents to educate them about the recycling program. In order to ensure your residents are aware of the program, we will print and distribute a management-approved notification letter to all residents before the program is implemented. Further, the City will provide free canvas recycling bags to all residents (see photo on page 3 of this document).
These bags can be placed next to the residents' trash receptacle to collect mixed recyclables. EcoNomics is also available to make educational presentations to residents. After the program is implemented, EcoNomics will monitor the program on a weekly basis for at least the first month to address any concerns that may arise.
8 Service Option 1 Map
Willows Dr
G009
Via Vista
The Willows Foundation
Current Service Level: Total of 10 3-yard trash bins 2x/week = Each enclosure has 2 3-yard trash bins 2X/week
Proposed Service Option 1: The proposed service changes would replace one (1) 3-yard trash dumpster with an equivalent- sized 3-yard mixed recycling dumpster serviced one day per week in each enclosure. The frequency of collection on the remaining trash dumpster in each enclosure will be increased to Alta Vista
three days per week.
$349.15 of Monthly Cost Savings
Service Option 2 Map
Willows Dr 30003
The Willows Foundation
Current Service Level: Total of 10 3-yard trash bins 2x/week • Each enclosure has 2 3-yard trash bins 2X/week
Proposed Service Option 2: The proposed service changes would replace one (1) 3-yard trash dumpster with an equivalent- sized 3-yard mixed recycling dumpster serviced 2 day per week in each enclosure. The frequency of collection on the remaining trash dumpsters in each enclosure will be 2 days per week. Alta Vista $480.10 of Monthly Cost Savings
9 Graphic of City-provided Canvas Recycling Bag
RECYCLING AT HOME IS AS EAsY As 1...2...3!
STEP 1: PLACE YOUR STEP 2: COLLECT STEP 3: EMPTY THE
LAGUNA HILLS RECYCLING RECYCLABLES IN THE BAG CONTENTS OF THE BAG INTO
BAG NEXT TO THE TRASH THE WHITE RECYCLING
CONTAINER LOCATED IN DUMPSTER
YOUR HOME
CASA
Go Green In
дова MIls
RECYCLE
CASR
Recycling & Rotuse Services
10 Attachment 2: Example of Multi-family Outreach Letter Dear Resident:
The management of The Willows Foundation is excited to announce the implementation of a recycling program to all residents beginning March 3, 2021! To encourage residents to participate in the recycling program, the City of Laguna Hills will be providing free recycling bags to all residents. These bags can be placed next to your trash container to store your mixed recyclables. When the bag is fuil of recyclables, simply empty the bag into the nearest white recycling bin and reuse the bag. The recycling program will accept all of the following recyclable items in the white recycling bin located in all 5 enclosures around the property:
- Paper (flattened cardboard, office paper, construction paper, binder paper, newspaper, magazines, cereal and other food boxes, cardstock, sticky notes, clean and dry paper cups, telephone books, envelopes, soft-bound books and hard-bound books without the cover, etc.) Plastic (water bottles, soda bottles, other beverage containers #1 - 7, plastic containers #1-7, milk cartons, shrink wrap, etc.)
- Metal (soda and beer cans, aluminum foil, empty aerosol cans, tin cans) - Glass (soda, wine, liquor, and beer bottles, jars)
Step 1: Collect Your Recyclables Step 2: Take To Recycling Bin Recycling Only
Recycling is a simple way to reduce our personal impact on the environment and a great way to help the community! Recycling is offered at a discount and will help the City of Laguna Hills meet new State recycling requirements.
In order to ensure the recycling program benefits the community, please do not place Styrofoam, plant materials, food waste, and hazardous or electronic waste into the recycling bins.
We hope you take advantage of this exciting opportunity to help our community and our planet. If you should have any questions or concerns regarding the recycling program, please do not hesitate to contact Trevor Blythe, the City of Laguna Hills' recycling consultant. Mr. Blythe can be reached by phone at 858-886-6657 or by email at [email protected]. For more information on how to be green in Laguna Hills, please visit the city's website:
http://www.ci.laguna-hills.ca.us/depts/commsvcs/recycle/ The Willows Foundation
11 Recycling At Home Is Easy As 1....2....3!
Place your Collect your Empty the
Laguna Hills recyclables in contents of the
recycling bag next to the bag bag into the nearest
your trash container in recycling dumpster
your home
CASA
CASA
Recycling
Go Green In
Laguna Hills
ATTACHMENT B
Amendment No. 2 to the Professional Services
Agreement with EcoNomics, Inc.
AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES
ON-CALL PROFESSIONAL SERVICES
THIS AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT ("Amendment") is entered into as of , 2022 by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Eco/Nomics, Inc., a Colorado corporation which is qualified by the California Secretary of State to do business in California as Ecal/Nomics, Inc., hereinafter the "Consultant".
RECIIALS:
A. The City contracted with the Consultant to provide on-call professional services to support the Public Works Department in the following category: 4) Environmental Programs Assistance.
B. The City entered into an On-Call Professional Services Agreement for the City of Laguna Niguel Public Works Department with the Consultant dated March 16, 2021, (the "Agreement") to provide professional services as requested by the City.
C. The City entered into a First Amendment with the Consultant dated February 17, 2022, to provide environmental services consulting in compliance with solid waste management laws and regulations.
The City has now requested the following additional services from the Consultant: Provide environmental services consulting, outreach, and education efforts in compliance with solid waste management laws and regulations (the "Additional Services"), as described in Exhibit "A-2," attached hereto and incorporated herein.
E. The Consultant submitted a cost proposal for the above requested Additional Services, which is included in Exhibit "A-2."
Consultant has the qualifications and experience to render the requested Additional Services.
G. City now desires to enter into this Amendment No. 2 to the Agreement with the Consultant for the requested Additional Services.
AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
Services to be Performed by Consultant. Consultant agrees to perform the Additional Services for the City, in a manner satisfactory to the City, as detailed in Exhibit "A-2." Term. This Amendment No. 2 shall become effective as of the date stated above and will continue in effect until the Additional Services required by Exhibit "A-2" are completed, or the Agreement expires, subject to termination as provided in the Agreement, except the indemnification provisions contained in the Agreement shall remain in full force and effect after Amendment No. 2 is terminated.
Payment for Services. City agrees to pay the Consultant for providing the Additional Services an amount not to exceed Eighty-Six Thousand Four Hundred Ninety-Four ($86,494.00). Consultant shall invoice the City monthly on a time and materials basis as set forth in Exhibit "A-2".
4. Reliable Contractor Declaration. Prior to authorizing any payment to the Consultant under this Agreement, the Consultant shall submit to the City a Reliable Contractor Declaration (CalRecycle 168), signed under penalty of perjury, disclosing whether any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the Consultant within the preceding three (3) years. If the Consultant is placed on CalRecycle's Unreliable List after the commencement of this Agreement, the City may terminate this Agreement.
Continuation of Terms and Conditions of the Agreement. Except as otherwise expressly provided in this Amendment No. 2, all the terms and conditions of the Agreement, as amended by Amendment No. 1, shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 2.
6. Authority to Sign. The person(s) executing this Amendment No. 2 on behalf of the Consultant warrants and represents that they have the authority to execute this Amendment No. 2 on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to the Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By:
Tamara S. Letourneau
City Manager
ATTEST:
Thy M. Merritt,
Deputy City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Kevin G. Ennis, Esq.
City Attorney
"CONSULTANT"
Eco/Nomics, Inc. doing business in California as
Ecal/Nomics, Inc.
By:
Print Name:
Title:
By:
Print Name:
Title:
3 EXHIBIT "A-2"
ADDITIONAL SERVICES
Scope of Services
Senate Bill 1383 related to organics recycling has created an additional need for services provided by EcoNomics, Inc. The City and EcoNomics agree to the following scope of services to provide Environmental Programs Assistance related to Senate Bill 1383 implementation.
Task 1: Multi-family Organics Recycling Program Implementation Upon discussion with the City's franchise hauler, CR&R Environmental Services, EcoNomics will divide the remaining pool of 39 non-compliant accounts in half, with CR&R leading compliance efforts for 20 accounts and EcoNomics leading compliance efforts for 19 accounts. Attachment 1 includes the listing of accounts in which EcoNomics will focus.
EcoNomics will conduct the following tasks for each non-compliant property:
Task 1A: Contact Property
The City will distribute direct-mailed notifications to all multi-family properties without a food scrap recycling program to notify the property of its non-compliance and of its compliance obligation. This notification will include EcoNomics' contact information for the 19 properties to which it is assigned. EcoNomics staff will be available to field calls from property managers regarding the letter. For accounts that do not respond to the letter within 14 days of receipt, EcoNomics will follow up directly with the property manager of the non-responsive properties to discuss its compliance obligations. During these conversations, EcoNomics will communicate the requirements of SB 1383 and the City's local ordinance, the rate incentives for multi-family organics, the outreach assistance available to the management to educate residents of the program, and potential fines for non-attainment. During these conversations, EcoNomics staff will work to obtain approval of the program, schedule a presentation to the Homeowners Association Board (if the property is managed by such an entity), schedule an onsite meeting to further discuss details of the program, or obtain an Agreement to conduct a site assessment to identify locations in existing waste enclosures to deliver organics recycling containers.
Task 1B: Conduct Site Assessment
Upon initial contact with the property management company, and after attaining permission to conduct a site assessment, EcoNomics will conduct a site assessment with the following objectives:
• Identify existing trash and recycling bin inventory and service levels • Determine baseline disposal costs
Measure bin enclosures to assess the feasibility of delivering additional organics containers
• Confirm green waste recycling program is in place
5 • Gather data to develop a digital map of the property showing existing enclosure locations, enclosure dimensions, enclosure trash, and recycling bin inventories, and enclosures that could house additional organics recycling bins The data from this site assessment will be incorporated into a digital map showing all bin locations on the property. Further, baseline service levels for trash and recycling containers will be entered into an Excel spreadsheet to identify baseline collection costs.
Task 1C: Develop Proposal for Property and Present to Property Management Company/Homeowner Association Board
Using data gathered during the site assessments, EcoNomics will develop a cost proposal for the property to incorporate organic waste recycling into existing service levels. To develop the cost proposal, EcoNomics will use a spreadsheet pre-populated with existing CRaR rates. Using this calculator will allow EcoNomics to efficiently evaluate multiple service scenarios and incorporate the most cost-effective organics recycling service.
EcoNomics will include multiple options to incorporate organics recycling service into the cost proposal for the property to allow for a phased-in, multi-month implementation process.
This will allow time for residents to adjust to the new program. The proposal will also include an outreach plan tailored to the property to maximize residential participation. An example of a proposal for a multi-family property is included as Attachment 2.
Upon submittal of a cost proposal, EcoNomics will coordinate with the property management company or HOA to present the proposal and answer any questions the property may have.
If needed, staff from EcoNomics will attend HOA Board presentations or schedule onsite meetings with property management staff to present the proposal directly to the decision- maker(s). EcoNomics will also conduct sufficient follow-up to attain a decision from the property within one month of submitting the proposal. This will entail weekly follow-up with the recipient of the proposal via email, phone calls, or onsite visits.
Task 1D: Conduct Onsite Training of Residents
Upon attaining approval to implement a food scrap recycling program by a property manager, EcoNomics will coordinate with the manager to implement resident outreach prior to the delivery of organics recycling containers. EcoNomics will provide the property manager with a draft memo to residents regarding the implementation of the program, which will include graphics illustrating how the program will work. The outreach material will also include a Quick Reference Code (QRC) linking to the City's 'how to' organics recycling video.
Whenever possible, EcoNomics will request that the property manager send 'pre- notification' to all residents prior to the onsite distribution of outreach material to alert residents of the planned distribution of outreach by EcoNomics and/or CR&R staff.
During the onsite distribution of outreach material, EcoNomics will go door-to-door to all residential units within the property (or, if a pilot program is being implemented, to all residents using the enclosure where the pilot organics bin will be located) and knock on each door. If a resident answers, EcoNomics staff will provide the resident with a kitchen 6 pail, informational brochure (provided by CR&R), and a letter on the property management and/or City of Laguna Niguel letterhead. An example of an outreach letter is included as Attachment 3. To maximize the number of residents that answer their door, EcoNomics will conduct outreach after 5 pm on weekdays. Further, EcoNomics staff that are fluent in Spanish will be made available upon request by the property manager to discuss the program with Spanish-speaking residents as needed. If the door is not answered after the first attempt, EcoNomics will make a note and return for one additional attempt for a total of two attempts to contact the resident. If upon the second attempt, the resident does not answer the door, EcoNomics will leave the kitchen pail, letter, and outreach material on the residents' doorstop with a note providing a direct line to staff who are available to answer questions. EcoNomics will coordinate with the CR&R sustainability team to assist with onsite direct outreach to reduce consulting staff time needed to conduct outreach. EcoNomics will also provide staffing, along with CR&R sustainability coordinators, at property events to 'kick-off the new program, as needed. Such events may include pool parties, events in community rooms, picnics, etc. EcoNomics, along with CR&R sustainability coordinators, may coordinate with property management or HOA boards for tabling events in common areas to reach a greater number of residents. If residents cannot be reached in person, EcoNomics will host a 'town hall' style presentation and answer questions about the new program. This town hall may be conducted in person or via an online forum such as Zoom or GoToMeeting, depending on the property management's preference and COVID-19 public health directives at the time. The number of resident interactions conducted by EcoNomics staff, as well as the number of kitchen pails distributed, will be tracked and reported to the City on a monthly basis.
Task 1E: Monitor and Troubleshoot Program
EcoNomics staff will conduct weekly site visits for the first month after the program is implemented to confirm that CR&R delivered the requested equipment and to ensure that the container is being collected by the driver. If EcoNomics notes any operational issues, it will coordinate with CR&R to troubleshoot as needed. If unacceptable contamination or participation levels that are not in line with the City's municipal code are encountered, EcoNomics staff will coordinate with the property management to suggest additional outreach and education to residents.
Task 2: Residential HOA Space Constraint Troubleshooting The City contains over 120 Homeowners Associations (HOAs), all of which are required to have organics recycling programs per SB 1383. Prior to the July 1, 2019 start date of CR&R's current franchise agreement, over 4,000 housing units located within HOAs subscribed to a 2-cart curbside program that only consisted of one trash and one recycling cart. Before the implementation of a curbside residential organics recycling program, a third organics recycling cart was previously not needed at these properties since the property management company employed landscaping contractors to maintain the landscaped areas and haul away any green waste. With January 1, 2022, effective date of SB 1383 mandating that all households have organics collection service, many residents in these neighborhoods are indicating that they do not generate enough food scraps to justify the need for a third 7 organics cart. Other residents have noted that they do not have sufficient room in their garage or at the curb for a third cart. The City has received dozens of calls from residents to this end. The SB 1383 regulations do not allow for a low-generation exemption, and the allowance of a space-constrained exemption is currently under review. The compliance pathway suggested by CalRecycle staff is to encourage residents to share containers and, to facilitate this approach, some properties are considering building centralized enclosures to house organics recycling containers for shared use by residents.
To assist properties with SB 1383 compliance, EcoNomics will conduct site visits to determine physical space limitations at HOAs with cart service that have indicated to the City that there is no room for a third cart. EcoNomics will work with the property to identify compliance pathways that may include:
• Facilitating shared container programs between neighbors that matches household models that have sufficient room for a third cart with those that don't; • Identifying areas on the property that may house shared organics recycling receptacles for communal use;
• Coordinating with property managers to document shared organics collection programs;
• Coordinate with CR&R to develop operational solutions to physical space constraint issues.
EcoNomics will work with properties that the City refers on an as-needed basis. The included for this task assumes EcoNomics will be able to work with 3-5 properties with physical space constraints to implement shared organics collection programs.
Task 3: Other SB 1383 Tasks, as needed
EcoNomics will assist the City with other SB 1383-related tasks, as needed. These may include grant reporting, record-keeping development, procurement assistance, CalRecycle reporting, edible food recovery program development, etc.
Table 1: Proposed Budget
Vice Project Coordinator Field
President Manager TOTAL STAFF
Kadonoff HOURS* TOTAL COST
Blythe Riley Ferufino
$175.00 / $115.00 $95.00 $75.00
Task 1A: Contact Property 2 75 12 6 95 $ 10,565.00
Task 1B: Conduct Site Assesment 18 12 48 80 $ 7,160.00
[Task 1C: Develop and Present Proposal 5 48 38 19 110 $ 11,430.00 Task 1D: Conduct Onsite Training 5 20 38 172 235 $ 19,685.00 Task 1E: Monitor and Troubleshoot Program 20 30 76 129 $ 11,375.00 Task 2: Residential HOA Space Constraint Troubleshooting 35 40 72 163 $ 16,025.00 Task 3: Other SB 1383 Tasks, As Needed 12 20 30 40 102 $ 10,250.00 TOTAL 45 236 200 433 914 $86,490.00
*Staff hours may be moved between tasks upon City approval. 8 ATTACHMENT 1
EcoNomics Target Properties
PROPERTY NAME SERVICE ADDRESS HOA/APT Units
MARIN COLONY HOA 24831 NUEVA VISTA DR HOA 30
BEACON HILL SEAWATCH HOA BRIGHTON PL HOA 40
VISTA DEL CERRO HOA 29102 VIA CERRITO HOA 60
CROWN VLY CONDO. ASSOC. HILLHURST & CROWN VL HOA 76
FOUNTAIN GLEN SENIOR APTS 25501 CAMINO LOS PADRES APT 96 FOUNTAIN GLEN @ LAGUNA
NIG 25502 CAMINO LOS PADRES APT 96
BEACON HILL WINDRIFT HOA 1 DOVER PL HOA 136
CASA LA PAZ 24297 EL PILAR HOA 144
NIGUEL VILLAS CONDO INC. 1 W NINE DR HOA 161
NIGUEL SUMMIT APARTMENTS 30252 PACIFIC ISLAND DR HOA 170 RW SELBY 30122 NIGUEL RD APT 176
THE BREAKERS @ BEAR BRAND SHOREBREAKER DR HOA 180
VILLA MIRA HOA 25922 VILLAMIRA HOA 216
VILLAGE NIGUEL TERR. #2 ELAINE DR HOA 243
APEX APARTMENTS 27960 CABOT RD APT 284
HIDDEN HILLS APARTMENTS 30041 TESSIER ST APT 324
WINDRIDGE APRTMNTS
(EQY029110) 24922 HIDDEN HILLS RD APT 344
LAGUNA GARDENS
APARTMENTS 24389 ALELLA TER APT 372
ATRIA SENIOR LIVING #10840 30111 NIGUEL RD APT unknown
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