March 15, 2022, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
City of Poway
CITYCOU CIL
March 15, 2022
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works f ~ /~
Will Wiley, Assistant Director of Public Works for Maintenance Operations 'J'' (858) 668-4705 or [email protected]
Approval of a First Amendment to the EDCO Solid Waste Franchise Agreement to Comply with State Mandated Organic Waste Disposal Requirements On November 2, 2021, the City Council adopted Ordinance No. 849 amending Chapter 8.68 of the Poway Municipal Code (PMC). The adoption of Ordinance No. 849 is the latest in many steps the City has taken to address state organics recycling mandates outlined in Senate Bill No. 1383 (SB 1383). In addition to adopting an organics recycling ordinance, SB 1383 requires jurisdictions to adopt additional regulations and policies to create a market for recycled organics and further reduce waste disposed of in landfills.
The City contracts with EDCO Waste and Recycling Services (EDCO) to provide solid waste, recycling, and green waste services to the City. The City's Franchise Agreement with EDCO, which went into effect on March 31, 1998, does not include provisions regarding the handling of organic waste according to the mandates outlined in SB 1383. The proposed amendment to the Franchise Agreement memorializes all requirements in SB 1383 that are EDCO's responsibility to implement as the City's franchise hauler. A full copy of the original franchise agreement is available on the City's website at https://docs.poway.org/Weblink/DocView.aspx?id=53247&dbid=1 &repo=CityofPoway Recommended Action:
It is recommended that the City Council approve the First Amendment to the Franchise Agreement with EDCO for solid waste and recycling services.
Discussion:
The City has worked closely with its franchise hauler, EDCO, to methodically address the requirements of SB 1383 starting in 2020 with the adoption of organic waste rates and an ordinance to codify the automation of residential and commercial organic waste collection. In April 2021, EDCO began providing organic waste recycling services to residential accounts and started to work individually with businesses and multi-family accounts to enroll them in organic waste services. With the adoption of Ordinance No. 849, the City implemented enforcement mechanisms to compel businesses and 1 of 11
March 15, 2022, Item #5
residents
to
recycle
their
organic
waste
and
supply
EDCO
with
the
necessary
tools
to
succeed
with
its
service
roll-out
to
businesses
and
multi-family
residences.
The
City
has
made
substantial
progress
toward
SB
1383
compliance
and
seeks
to
incorporate
the
requirements
of
its
franchise
hauler
in
the
First
Amendment
as
follows:
Organic
Waste
Collection
and
Processing:
The
term
"organic
waste,"
in
regard
to
the
separation
and
collection
of
solid
waste,
is
added
and
defined
to
include
both
yard
waste
and
food
waste.
The
switch
to
automated
organic
waste
collection
from
unlimited
collection
is
incorporated
in
Article
5.3,
regarding
weekly
service,
and
in
Article
5.16,
regarding
specifications
for
collection
bins
and
containers.
Further,
the
processing
of
collected
organic
waste
is
addressed
in
Article
5.14,
which
dictates
that
organic
waste
must
be
hauled
to
a
certified
organic
waste
recovery
center.
Article
4.1,
Section
Dadds
organic
waste
to
the
provision
allowing
generators
to
divert
their
recyclables
through
alternative
recycling
or
diversion
methods.
Contamination
Monitoring:
While
EDCO
regularly
monitors
its
routes
for
improper
separation
and
disposal,
the
addition
of
Article
5.7,
Section
D,
specifically
requires
the
monitoring
of
collected
organic
waste
in
compliance
with
SB
1383.
Additionally,
complaints
of
violations
regarding
separation
and
disposal
of
organic
waste
are
to
be
investigated
by
EDCO
and
reported
to
the
City.
SB
1383
allows
the
City
to
approach
violations
committed
by
generators
with
an
education
approach
until
January
1,
2024,
after
which
the
City
may
start
addressing
violations
in
accordance
with
the
PMC.
Reporting:
The
City
is
required
to
report
to
the
state
annually
on
compliance
with
various
state
regulations
and
EDCO
provides
the
City
with
information
regarding
its
accounts
to
accomplish
this.
Changes
to
Article
6.2 requires
EDCO
to
report
on
the
number
of
accounts
in
compliance
with
organic
waste
regulations,
waivers
for
services,
organic
waste
recycling
education
distributed
by
EDCO
and
records
of
violations
and
investigations,
to
aid
the
City
in
completing
its
annual
report
to
Cal
Recycle.
Procurement:
SB
1383
gives
Cal
Recycle
the
authority
to
determine
a
procurement
target
for
the
City
for
recovered
organic
waste
products,
which
the
City
may
procure
through
its
agreements.
Article
7.8 requires
that
EDCO's
route
collection
vehicles
use
Renewable
Natural
Gas
and
allows
the
City
to
report
this
usage
to
fulfill
its
procurement
requirement.
Annual
Cleanups:
Though
not
a
requirement
of
SB
1383,
EDCO
will
provide
an
annual
event
for
residents
for
the
collection
of
excess
yard
and
organic
waste
as
noted
in
Article
5.8. Although
EDCO
has
already
begun
adjusting
its
services
to
comply
with
state
regulations,
SB
1383
requires
that
the
City
add
provisions
addressing
the
regulations
to
their
existing
or
future
franchise
hauler
agreements.
The
First
Amendment
makes
minimal
overall
changes
to
the
scope
of
the
Agreement,
while
bringing
the
City
into
SB
1383
compliance
and
memorializing
the
responsibilities
delegated
to
EDCO.
All
other
terms
and
conditions
of
the
Agreement
are
to
remain
in
effect.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
2 of
11 March 15, 2022, Item #5
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. EDCO Franchise Agreement First Amendment
Reviewed/ Approved By:
wendaserman
Assistant City Manager
3 of 11
Reviewed By:
Alan Fenstermacher
City Attorney
e
City Manager
March 15, 2022, Item #5
FIRST AMENDMENT TO THE
SOLID WASTE FRANCHISE AGREEMENT
THIS FIRST AMENDMENT TO THE SOLID WASTE FRANCHISE
AGREEMENT, is made and entered into effective this 15th day of March, 2022, by and between the City of Poway (hereinafter referred to as "City"), and EDCO Waste and Recycling Services (hereinafter referred to as "Contractor"). City and Contractor may be hereinafter referred to as the "Parties" collectively.
RECITALS
1. City and Contractor entered into that certain "Solid Waste Franchise Agreement," dated March 31, 1998, (the "Agreement"), by which City and Contractor established the terms and conditions for providing solid waste services to City.
2. Chapter 8.68 of the Poway Municipal Code defines and regulates the collection of solid waste, recyclables, manure, yard waste, and other compostables within the City.
3. The State has, through enactment of AB 939 and subsequent related legislation including, but not limited to: the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies to promote a reduction in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and composting options in order to reduce the amount of material that must be disposed.
4. SB 1383 establishes regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities to support achievement of State-wide organic waste disposal reduction targets.
5. The Parties desire to modify the terms and conditions for providing solid waste and organic waste disposal services as set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section 1. Article 1 entitled "DEFINITIONS; DELEGATION OF AUTHORITY" of the Agreement is replaced in its entirety with the following:
4 of 11
Article 1. DEFINITIONS; DELEGATION OF AUTHORITY
A. Whenever any term used in this Agreement has been defined by the provisions of Chapter 8.68 of the Poway Municipal Code, the definitions contained in said Code shall govern the meaning of such words for the purpose of this
ATTACHMENT A
March 15, 2022, Item #5
Agreement,
unless
any
such
word
is
otherwise
specifically
defined
herein
or
unless
it
is
obvious
from
the
context
hereof
that
another
meaning
is
necessarily
intended.
B.
The
administration
of
this
Agreement
shall
be
under
the
supervision
and
direction
of
the
Director
of
Public
Works
and
the
actions
specified
here
shall
be
taken
by
the
Director
of
Public
Works
or
his
designees
unless
otherwise
stated
or
specified.
For
the
purpose
of
this
agreement,
the
term
"Director
of
Public
Services"
refers
to
the
Director
of
Public
Works.
C.
The
term
"bulky
item"
means
stoves,
refrigerators,
water
tanks,
washing
machines,
broken
or
discarded
furniture,
rubbish
and
debris
from
building
construction,
rocks,
sod,
earth
and
other
bulky
materials.
Bulky
items
eligible
for
curbside
pickup
on
normal
collection
days
include
items
weighing
no
more
than
50 pounds,
no
longer
than
four
(4)
feet
in
length,
and
no
greater
than
three
(3)
feet
in
diameter.
D.
The
term
"solid
waste"
includes
all
items
that
are
not
included
in
recycling,
green,
or
organic
waste
programs
that
are
abandoned
for
collection
and
disposal
in
landfills.
Collectively,
"garbage,"
"refuse,"
and
"rubbish"
are
used
nearly
interchangeably
in
this
document
to
identify
that
material
which
is
presently
delivered
for
burial
at
a
properly
operated
and
permitted
solid
waste
disposal
landfill.
E.
The
term
"recyclables,"
as
it
is
used
in
this
Agreement,
shall
mean
"recyclable
materials"
as
defined
in
Poway
Municipal
Code
section
8.68.020
and
shall
refer
only
to
recyclable
material
that
has
been
discarded,
thrown
away,
or
abandoned
by
its
owner.
Newspapers,
bottles
and
cans
that
an
owner
has
set
out
for
curbside
pickup
are
examples
of
discarded
recyclables.
F.
The
term
"organic
waste"
means
solid
wastes
containing
material
originated
from
living
organisms
and
their metabolic
waste
products,
including
but
not
limited
to
food,
green
material,
landscape
and
pruning
waste,
organic
textiles
and
carpets,
lumber,
wood,
paper
products,
printing
and
writing
paper,
manure,
biosolids,
digestate,
and
sludges.
Section
2. Article
4.1 subsection
D.
entitled
"Exclusions
for
Recyclables
of
the
Agreement
is
replaced
in
its
entirety
with
the
following:
5 of
11 D.
Exclusions
for
Recyclables
and
Organic
Waste.
Furthermore,
the
provisions
of
this
Agreement
shall
not
preclude
individual
householders
and
commercial
businesses
from
self-hauling
recyclable
materials
or
organic
waste
through
other
recycling
or
diversion
methods,
provided
that
such
householders
or
commercial
businesses
shall
still
be
required
to
pay
the
organic
waste
service
fee
of
Contractor.
The
provisions
of
this
Agreement
shall
not
preclude
or
prohibit City
or
any
officer
or
employee
thereof
or
any
public
entity
delegated
the
ability
to
do
so
by
the
City
Council
from
itself
collecting,
removing,
disposing
or
diverting
of
solid
waste,
recyclables, manure,
yard
waste,
and
other
compostables
in
the
regular
course
of
their
respective
duties
as
such
officers
or
employees;
notwithstanding,
the
City
shall
be
responsible
for
reporting
all
such
diversion.
March 15, 2022, Item #5
Section 3. Article 5.3 entitled "Residential Solid Waste Collection Services" subsections A. through D. of the Agreement are replaced in their entirety with the following:
A. Single-Family Weekly Service. Once weekly curbside collection and disposal of household refuse, recyclables, and organics via automated 35 gal. or 95 gal. waste cart.
B. Single-Family Additional Cart Service. Up to three (3) automated carts for recyclables and organics shall be provided upon request. Additional carts beyond the first three will incur an additional fee.
C. Multi-Family Weekly Service. For multi-family complexes where the resident is billed individually, once weekly curbside collection and disposal household refuse, recyclables, and organics via automated 35 gal. or 95 gal. waste cart.
D. Multi-Family Additional Cart Service. For multi-family complexes where the resident is billed individually, up to three (3) automated carts for recyclables and organics shall be provided upon request. Additional carts beyond the first three will incur an additional fee.
Section 4. Subsection C. entitled "Complaint Handling." of Article 5.7 is replaced in its entirety and the new subsection D. is added to read as follows:
6 of 11
C. Complaint Handling.
Complaints against the Contractor: The Contractor shall be responsible for all customer billing, complaint handling, and other services as described in the Franchise Agreement. Additionally, operational data, as defined in the Contract and as required by AB 939 and SB 1383, shall be provided to the City by the Contractor. The Contractor will provide an on-site mobile field supervisor, equipped with a mobile telephone, who will be expected to respond within 1 business day - when required-to customers for a complaint being registered with the Contractor's customer service desk.
Complaints against EDCO Customers/Generators: For complaints regarding SB 1383 regulatory non-compliance, Contractor shall accept the submission of written complaints and commence an investigation within ninety (90) days if it's determined that the allegations against the entity, if true, would constitute a violation of SB 1383 regulations. The written complaint shall include the name and contact information of the complainant (unless they wish to remain anonymous), identity of the alleged violator if known, description of the alleged violation (including locations and all other relevant facts), any relevant photographic or documentary evidence that supports the allegations, and the identity of any witnesses. Contractor shall maintain a record of each violation and submit an investigation complaint report quarterly that documents the investigations March 15, 2022, Item #5
performed and recommendations to City on whether or not the entities investigated are in violation of SB 1383 regulations based on the Contractor's investigations.
The City shall make a final determination of the allegations against the entities and make contact with entities as specified in Title 14 of the California Code of Regulations (14 CCR).
Contractor is required to investigate complaints against Customers and Generators, but not against Food Recovery Organizations, Food Recovery Services, and other entities regulated by SB 1383 regulations.
D. Contamination Monitoring. Contractor shall perform contamination monitoring for prohibited contaminants in a manner that is deemed appropriate by the City, complies with 14 CCR and the Poway Municipal Code, and other applicable laws, and results in all routes being reviewed at least annually. In additional, Contractor shall assist City in identifying commercial businesses that qualify for waivers as specified in 14 CCR Section 18984.11.
Section 5. Article 5.8 entitled "Annual Cleanup Campaign" of the Agreement is replaced in its entirety with the following:
5.8 Annual Cleanup Campaign
Annually, during the term of this Agreement, the Contractor shall coordinate and provide at least two "Community Clean-up" events, at no cost to the residents.
Contractor shall provide an event for accepting and disposing of items such as but not limited to: furniture, appliances, residential wood waste, and other large and bulky items not collected on regular residential routes due to their size or the volume of the material. Contractor shall also offer free compost, mulch, or wood chips during this event.
Contractor shall also provide an annual event for accepting and disposing of excess yard and organic waste.
Materials collected at these events shall specifically exclude auto parts and bodies, household hazardous waste, and similar materials. Contractor shall provide a plan for recovering reusable and recyclable materials offered for collection as part of the annual clean-up events and for recycling at the source. Contractor shall provide the Director of Public Works with statistical data indicating the amounts of mixed trash, green waste, recyclables, and white goods collected during these events.
Section 6. Article 5.14 entitled "Processing of Solid Waste" of the Agreement is replaced in its entirety with the following:
7 of 11
5.14 Processing of Solid Waste
Contractor, prior to disposal, may direct any or all portions of the waste stream collected under this Franchise to a landfill, material recovery, composting, transformation or any other permitted solid waste processing facility, for processing March 15, 2022, Item #5
of any materials contained therein. All organic waste collected must be transported to a facility that meets or exceeds the organic waste content recovery requirements specified by SB 1383. The City Council reserves the right to designate such a facility for final disposal in accordance with its membership in the Regional Solid Waste Association (RSWA). Facility operators will not be required to place for collection by Contractor any non-processable fractions following processing. In addition to the provisions of Section 7.3, Contractor agrees to assist the City in identifying loads suitable for processing at material recovery, composting, transformation or any other solid waste processing facilities, and to modify routes or storage and collection procedures, as directed by the Director of Public Works, to increase the quality or recoverability of materials generated by customers.
Contractor may seek a rate increase under 8.3 to cover increased costs under this section.
Section 7. Article 5.16 entitled "Solid Waste Containers" of the Agreement is replaced in its entirety with the following:
8 of 11
5.16 Solid Waste Bins and Containers
A. Residential. Contractor shall provide 32-gallon or 95-gallon containers and weekly automated pickup for solid waste, recyclables, and organic waste. All containers shall be clearly labeled or imprinted with language or graphic images or both indicating the primary materials accepted and rejected in each and be colored accordingly: black or gray for solid waste, blue for recyclables, and green for organic waste.
B. Commercial Collection Services. Contractor shall provide bins and debris boxes for storage of solid waste, recyclables, and organic waste which shall be designed and constructed to be water-tight and prevent the leakage of liquids.
All bins with a capacity of one cubic yard or more shall meet applicable federal regulations on solid waste bin safety. All bins shall be painted the Contractor's standard color and shall prominently display the name and telephone number of the Contractor in letters and numbers no less than two and one-half (2 ½) inches high. Contractor shall not place the City's logo on its bins. To attain certain economies, some customers may request specialized services such as compactors, roll-off, or custom-built bins, etc. The sale, lease, rental of such equipment, or their provision by the customer, may be negotiated by the latter and the Contactor. Information relating to any such agreements shall be forwarded to the Director of Public Works.
C. Cleaning, Painting, Maintenance. Once every twelve months, or as needed, Contractor shall replace, clean or repaint all commercial bins so as to present a clean appearance. In addition, Contractor shall do the same upon 48 hours oral notice by Director of Public Works. Contractor shall maintain all bins in a functional condition and shall remove graffiti immediately.
D. Repair and Replacement. Contractor shall repair or replace all residential or commercial bins and containers damaged by collection operations.
March 15, 2022, Item #5
Section 8. Article 6.2 entitled "Annual Reports" of the Agreement is replaced in its entirety with the following:
6.2 Annual Reports
The Contractor shall submit annual reports with respect to its operations pursuant to this Agreement. The annual report shall be submitted not later than four (4) months following the end of the Contractor's annual accounting period. The report shall be in a format which will allow the City Manager and Council to compare the operations of the Contractor with the franchise fee paid and the appropriate adjustments to the franchise fee calculated pursuant to this Agreement. As part of the report, the Contractor will calculate the actual franchise fee owed, shall set forth the quarterly franchise fee payments actually made, and shall show the appropriate additional franchise fees owed to the City or the over payments of the franchise fee actually owed for the annual period. This report includes customer billing information by class of service and number of services.
Additionally, Contractor shall provide access to and/or copies, as requested, of all records required by SB 1383, including but not limited to route review and contamination reports, record of complaints and resulting investigation, and the identity of all processing facilities that will be used to manage solid waste.
Section 9. Article 7.6 entitled "Public Outreach Program" of the Agreement is replaced in its entirety with the following:
7 .6 Public Outreach Program
The Contractor will develop and implement a public education program on landfill disposal reduction, proper separation of waste, source reduction, reuse, recycling, composting and secondary materials usage and availability as required by the Public Education Component of the City's SRRE, AB 939, and SB 1383. This requirement includes, but is not limited to public and school presentations, mailers, brochures, and online resources, as set out on Exhibit "B," attached and incorporated here.
At least once per calendar year, Contractor shall prepare information specified in 14 CCR Section 18985.1 and make available in an electronic format via the Contractor's website.
Section 10. Article 7 .8 entitled "Use of Recycled Materials" of the Agreement is replaced in its entirety with the following:
9 of 11
7 .8 Use and Procurement of Recycle Materials and Recovered Organic Waste Products
Whenever possible Contractor shall use recycled paper as part of all publicity, billing, and other management and operational activities associated with the performance of this Agreement. Opportunities for use of other recycled materials, including but not limited to the purchase of collection containers with recycled March 15, 2022, Item #5
material content shall also be pursued, with a cosUbenefit analysis provided to the Director of Public Works.
Additionally, all route collection vehicles used by the Contractor under this Agreement shall be powered by Renewable Natural Gas (RNG) whether generated by Contractor's Anaerobic Digestion Facility or purchased. Upon City's request, Contractor shall obtain and provide the City with a written certification by an authorized representative certifying that the in-vessel digestion facility produces the RNG in quantities corresponding to the City's organic waste, collected by the Contractor. Contractor shall maintain records of the amount of RNG purchased and shall report this information to the City on a biannual basis. Contractor shall allow the City to report this RNG usage toward the City's fulfillment of its annual recovered organic waste product procurement target in accordance with SB 1383.
Section 11. Article 7.9 entitled "Change in Laws" of the Agreement is replaced in its entirety with the following:
7.9 Change in Laws
Contractor shall develop and, upon the City Council's approval, implement within a timely manner, programs to meet new requirements of AB 939, SB 1383, or similar state and federal laws. Contractor may request a rate increase or decrease under Section 8.4 for additional duties required hereunder, if the Contractor can show that the new duties will cost more or less than revenues collected under the current rate structure.
Section 12. Except as otherwise amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. [Remainder of page intentionally left blank]
10 of 11
March 15, 2022, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this First Amendment on the date first above written.
CITY OF POWAY
By:---------
Steve Vaus, Mayor
Date: -----------
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
11 of 11
EDCO Waste and Recycling Services
By:-----------
Sandra L. Burr, Chair
Date: ------------