CITY OF POMONA
COUNCIL REPORT
July 18, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: AUTHORIZATION OF THE ACCEPTANCE OF $214,282 FROM CALRECYCLE FOR SB 1383 COMPLIANCE AND ADDITIONAL STAFFING FUNDED FROM THE GRANT RECOMMENDATION:
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2022-135 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING ACCEPTANCE OF $214,282 FROM THE STATE OF CALIFORNIA DEPARTMENT OF RESOURCES, RECOVERY, AND RECYCLING (CALRECYCLE) SB 1383 LOCAL ASSISTANCE GRANT PROGRAM FUNDING AND AMENDMENT OF THE FY 2022-23 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING $214,282; and RESOLUTION NO. 2022-136 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE AUTHORIZED STAFFING IN THE FISCAL YEAR 2022-23 OPERATING BUDGET TO ADD ONE (1) POSITION IN THE PUBLIC WORKS DEPARTMENT EXECUTIVE SUMMARY: Adopting the proposed resolutions (Attachment Nos. 1 and 2) will allow the City to accept $214,282 in grant funding from the CalRecycle SB 1383 Local Assistance Grant Program for the funding of a Management Analyst and part-time Maintenance Worker I/II dedicated to SB 1383 compliance. Funding will also be used for the purchase of supplies, materials, and related outreach efforts related to SB 1383 compliance.
FISCAL IMPACT: The appropriation of $214,282 will provide sufficient funding for the part- time Maintenance Worker I/II, the Management Analyst, materials, and supplies for a year period, or until the City reduces the number of commercial haulers to one commercial hauler or increases residential rates. Before expending the remaining budget on necessary supplies, materials, and outreach efforts, staff will closely monitor the progression of the process of either outsourcing commercial services to one hauler or rate increases to ensure that these positions can be maintained longer than one year, if necessary. The budget depicted below assumes that the City will make a decision on the commercial half of its solid waste enterprise and thus receive fees paid for by the commercial hauler to sustain these positions, or will raise rates, should the residential service stay in-house, to a level sufficient to sustain these positions within a year of funding. However, sufficient grant funding is available to fund the positions for nearly two years if the remaining funding is not used for supplies, materials, and outreach efforts. It will be necessary to identify a funding source to continue ensuring compliance with SB 1383 and fund these positions, whether that is from increased rates or new hauler fees. The action will amend FY 2022-23 Operating Budget by increasing revenue estimates (587-2553-40873-00000) by $214,282 and appropriations as follows:
Description
Account Number
Appropriation
Management Analyst
587-2553-51012-00000
$102,210
PT Maintenance Worker I/II
587-2553-51040-00000
$25,403
Supplies, Materials, Outreach
587-2553-XXXXX-00000
$86,669
Total
$214,282
DISCUSSION: Organic waste comprises two-thirds of the state’s waste stream, and food waste alone is the largest waste stream in California. SB 1383 is the most significant waste reduction mandate to be adopted in California in the last 30 years. The mandate requires the state to reduce organic waste (i.e. food waste, green waste, paper products, etc.) disposal by 50% by 2020 and 75% by 2025, resulting in a reduction of more than 20 million tons annually by 2025. The law also requires the state to increase edible food recovery by 20% by 2025. This law has significant policy and legal implications for state and local governments.
SB 1383 regulations became enforceable on January 1, 2022, and the law requires that jurisdictions have their programs in place to implement SB 1383 by said date. Like most regulatory enforcement programs, the enforcing agency, CalRecycle, has discretion in determining the level of penalty necessary to remedy any given violation, but can impose penalties of up to $10,000 per day against a jurisdiction if not in compliance. Demonstrated good faith efforts and progress towards compliance will likely result in fewer penalties, if any.
There are many requirements associated with SB 1383, and complying with these will be an endeavor that will need to be managed by staff that is able to interpret regulations and has superior analytical skills. Various tasks will need to be initiated, monitored, and overseen. Some of these include:
Reporting on food waste capacity
Reporting on organic material disposed
Reporting on outreach efforts
Creating outreach and educational materials
Providing data on food recovery organizations
Providing data on Tier 1 and Tier II food generators (large restaurants, grocery stores, and food venues) Facilitating and monitoring agreements between food recovery organizations and Tier 1 and Tier II food generators Reporting on procurement of organic based material (for example, there is a target amount of mulch the City has to purchase and give away) Budgeting for SB 1383 compliance
Attending workshops and conferences
Working with County and State officials involved in SB 1383 compliance Overseeing hauler(s) and their efforts to make sure the City is compliant with SB 1383 Should the City keep residential solid waste in-house, procuring of new trash receptacles and food waste containers with required signage Should the City outsource its commercial services to one hauler, the commercial franchise hauler would be able to assist with providing data on organic material disposed and may help with outreach. Ultimately, most of the tasks listed above will be the sole domain of the staff member in charge of the program, which is proposed to be at the level of a Management Analyst.
The grant funding would also fund a part-time Maintenance Worker I/II who would be dedicated to auditing receptacles to ensure that food waste is being appropriately placed in the green waste receptacle. Initially, this position would then work with the Management Analyst to provide the necessary outreach and educational materials to those households that are not complying. Eventually, after many attempts at trying to get a household into compliance, a household may be subject to fees per the City’s Ordinance No. 4304, adopted August 2, 2021, which amended sections of Chapter 62, Article VI, Divisions 1, 3, and 4 of the City Code to add measures to ensure compliance with SB 1383.
Regionally, cities are adding similar positions to undertake the exhaustive requirements demanded by SB 1383. It should also be noted that the City hired a consultant, R3, in 2020 to assist the City in determining some of the additional costs involved with SB 1383 implementation. Of the many recommendations, one was to hire additional staff in the form of a Management Analyst and staff to audit receptacles.
COUNCIL PRIORITIES & GOALS: This item supports the 2021-22 City Council Priority 1: Fiscal and Operational Responsibility – Goal C: Obtain additional grant funding and other revenues to help achieve City goals.” Prepared by:
_____________________________
Shandy Dittman
Public Works Fiscal and Project Manager
ATTACHMENT(S):
Attachment No. 1 – Resolution No. 2022-135
Attachment No. 2 – Resolution No. 2022-136
Authorization of the Acceptance of $214,282 from CalRecycle for SB 1383 Compliance and Additional Staffing to be funded from Grant