CITY OF SAN RAMON
POLICY COMMITTEE
AGENDA
WE PROVIDE EFFICIENT DELIVERY OF QUALITY
PUBLIC SERVICES THAT ARE ESSENTIAL TO THOSE
WHO LIVE AND WORK IN SAN RAMON.
Sridhar Verose, Chair • Marisol Rubio, Vice Chair
City Hall - Training Room, First Floor
7000 Bollinger Canyon Road
Regular Meeting
4:00 PM
January 25, 2023
Agenda Questions: Please call the City Manager's Office at (925) 973-2530 Documents received after publication of this Agenda and considered by the Policy Committee in its deliberation will be available for inspection in the City Manager’s office at 7000 Bollinger Canyon Road, San Ramon during normal business hours and in the red binder at the Policy Committee Meeting.
ATTENDEE CONDUCT
There will be zero tolerance for any person addressing the Committee making profane, offensive and disruptive remarks, or engaging in loud, boisterous, or other disorderly conduct, that disrupts the orderly conduct of the public meeting. Specifically, it is important for all speakers to adhere to the following guidelines for participation in this meeting:
a. No profanity or obscenity
b. Refrain from personal threats or attacks.
c. Refrain from hateful epithets and demeaning language based on any person’s race, religion, sexual orientation, ethnicity, gender, or disability. d. Respect all people that are present.
At the discretion of the Committee Chair, a speaker may forfeit speaking time for any of the following reasons:
a. Exceeding the allotted time to speak;
b. Yelling, screaming, or other behavior that renders this Committee unable to continue the meeting;
c. Excessive profanity or slander; Specific threats or “fighting words” that incite violence; or
d. Speech that is outside the subject matter jurisdiction of the Policy Committee or the specific agenda item in which you are speaking.
2 Policy Committee Meeting – January 25, 2023
1. CALL TO ORDER / ROLL CALL
2. PUBLIC COMMENT
At this time, members of the public are encouraged to address the Policy Committee on any item not already included in tonight’s agenda. Comments should not exceed three (3) minutes. No Committee action can be taken at this meeting on issues raised during Public comment.
Written comments submitted were provided to the Committee prior to the start of this meeting and made a part of the public record. Written public comment will no longer be read aloud during the meeting.
3. APPROVAL OF MINUTES
3.1 Policy Committee - Rescheduled Meeting - Nov 21, 2022 4:00 PM
4. UNFINISHED BUSINESS
5. NEW BUSINESS
5.1 Proposal of Non-Exclusive Commercial Recycling Transporter Permit and Notification to Non-Exclusive Haulers that Commercial Waste Services Will be Provided by an Exclusive Franchise
Recommendation: Accept the Staff Report and Provide Recommendations to Staff.
6. POLICY COMMITTEE COMMENTS
7. ADJOURNMENT
I hereby certify that the attached Policy Committee Meeting Agenda was posted 72 hours before the noted meeting. To make a request for disability-related accommodation to participate in the meeting, please contact the City Clerk’s Office 48 hours in advance of the meeting at 925-973-2539 or [email protected].
Dated: January 20, 2023
MINUTES OF THE
CITY OF SAN RAMON POLICY COMMITTEE
November 21, 2022
1. CALL TO ORDER / ROLL CALL
The meeting was called to order by Chair Armstrong at 4:01 PM.
Attendee Name Title Status Arrived
Mark Armstrong Chair Present
Scott Perkins Vice Chair Present
Also in attendance Joe Gorton City Manager, Kathi Heimann Parks & Community Services Director, Keith Haase P&CS Program Manager, Steve Cox Recreation Supervisor, Jody Curley Recreation Coordinator, Karen McHenry-Smith Executive Assistant.
2. ANNOUNCEMENTS
None
3. PUBLIC COMMENT
Public comment was provided by Tywon Sacontrie.
4. APPROVAL OF MINUTES
4.1 Policy Committee - Regular Meeting - Sep 28, 2022 4:00 PM RESULT: ACCEPTED [UNANIMOUS]
MOVER: Scott Perkins, Vice Chair
SECONDER: Mark Armstrong, Chair
AYES: Armstrong, Perkins
5. UNFINISHED BUSINESS
None
6. NEW BUSINESS
6.1 Parks and Community Services Commission Attendance
Recommendation: Review the Parks and Community Services Commission Attendance Information and Provide Direction to Staff
Ms. Heimann introduced the item and provided background information.
The Committee discussed the item and provided comment.
Public comment was provided by Tywon Sacontrie.
The Committee accepted the report and reviewed the Parks and Community Services
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Minutes Acceptance: Minutes of Nov 21, 2022 4:00 PM (APPROVAL OF MINUTES) 2 Policy Committee Meeting – November 21, 2022
Commissioners attendance records.
The Committee recommended staff continue to follow the current attendance policy and provided comment on items that may require future review and/or updates related to the by-laws and attendance policy.
By: Kathi Heimann, Parks & Community Services Director
6.2 Proposed Sports Field Sponsorship Program
Recommendation: Receive the Proposed Sports Field Sponsorship Program Report and Recommend it be Forwarded to the City Council for Consideration for Final Approval
Mr. Cox introduced the item and provided background information.
Mr. Cox and Ms. Curley provided a visual presentation via PowerPoint.
The Committee discussed the item and provided comment.
Public comment was provided by Tywon Sacontrie.
The Committee accepted the report and directed staff to proceed to City Council for adoption and approval.
By: Steve Cox, Recreation Supervisor & Jody Curly, Recreation Coordinator
7. POLICY COMMITTEE COMMENTS
None
8. ADJOURNMENT
There being no further business the meeting was adjourned by Chair Armstrong at 5:07 PM
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Minutes Acceptance: Minutes of Nov 21, 2022 4:00 PM (APPROVAL OF MINUTES) AGENDA #5.1
POLICY COMMITTEE STAFF REPORT
DATE: January 25, 2023
TO: Policy Committee/City Manager
FROM: Maria Fierner, Public Works Director
By: Kerry Parker, Public Works Program Manager
SUBJECT: Proposal of Non-Exclusive Commercial Recycling Transporter Permit and Notification to Non-Exclusive Haulers that Commercial Waste Services Will be Provided by an Exclusive Franchise
EXECUTIVE SUMMARY
The City of San Ramon currently has an exclusive Franchise Agreement with ACI of San Ramon (ACI) for the collection of solid waste. However, other haulers may collect commercial recyclables, commercial organics (food and/or green waste), and construction and demolition (C&D) debris. In order to ensure that: 1) the City and the haulers are in full compliance with State laws; and 2) that the haulers are compliant with all City standards and paying all City fees in fair competition with ACI, staff is proposing that any such commercial hauler obtain a NonExclusive Commercial Recycling Transporter Permit.
These permits will require substantially the same conditions and fees as paid by ACI. Staff also believes that the City would be better served if the exclusive agreement with ACI were extended to include commercial services with the exception of construction and demolition debris removal. In order to allow for a change to an exclusive franchise, the City must provide five (5) years notice to the existing non-exclusive haulers. Providing such a notice now will give the City the option to make this change if it is deemed appropriate in the future.
RECOMMENDED ACTION
Staff recommends the Policy Committee accept the staff report and provide recommendations regarding issuance of Non-Exclusive Commercial Recycling Transporter Permits to each nonexclusive commercial recycling hauling entity, and provide feedback to staff regarding the issuance of notices of intent to change to exclusive commercial refuse hauling.
BACKGROUND
Franchise Agreements
The City of San Ramon entered into a 15-year Franchise Agreement with ACI of San Ramon
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(ACI) in November 2018, for refuse collection services. The services began in October 2019.
This Agreement included an exclusive franchise for residential refuse collection. The exclusivity of this arrangement is limited to all residential collection services, City-generated collection services, and solid waste (garbage) collection for all sectors. San Ramon’s commercial sector may select a separate permitted commercial recyclables hauler to haul source-separated recyclables, commercial organics (food and/or green waste), and construction and demolition (C&D) debris.
Currently non-exclusive haulers are issued annual permits to haul commercial recyclables and C&D debris, but this arrangement does not currently capture the hauling, outreach, and reporting requirements for recent State regulations (Senate Bill 1383). These permits also need to be modified to ensure compliance with the same standards as required by ACI.
State Laws
Refuse collection and disposal is subject to numerous State regulations. Key regulations, which apply to both the City and its haulers, are summarized below:
1. State Assembly Bill (AB) 939 - passed in 1989, regulating solid waste management, and requires cities to permit and regulate solid waste handling.
2. AB 341 - passed in 2011 and requires businesses that generate four cubic yards or more of solid waste to participate in a recycling program. Materials that are commonly considered recyclable are magazines, newspapers, office paper, cardboard, chipboard, aluminum, tin, and plastic tubs, jugs, and beverage containers. Recyclable material does not include refuse or hazardous materials.
3. AB 1826 - passed in 2014 and requires businesses, including public entities and multifamily projects, to recycle their organic waste. Businesses must develop strategies to reduce and/or arrange for recycling services for the following types of organic waste:
food waste, food-soiled paper, green waste, landscaping and pruning waste, and nonhazardous wood waste.
4. California Green Building Code (CALGreen) - as of 2019, dictates that all debris removal from a construction site must recycle at least 65% of that material by weight.
5. Senate Bill (SB) 1383 - passed in 2016 and is currently in its first year of implementation as of January 1, 2022, and largely overwrites AB 1826 by requiring all generators to engage in organics collection services, separate organic waste from the garbage, and to recover edible food wherever possible.
The City’s contract with ACI includes provisions designed to ensure the compliance of both ACI and the City with these laws. The non-exclusive commercial recycling haulers must also adhere to State regulations. However, ensuring that they are adhered to and obtaining the required documentation has proved to be substantially more difficult.
City Regulations and Fees
In addition to the State requirements noted above, the City of San Ramon imposes various rules, restrictions, and fees, or requires other actions related to waste collection. These include:
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1. Outreach and education to customers regarding appropriate materials collected.
2. Adequate and uncontaminated collection for all commercial and multifamily recyclables.
3. Litter abatement activities due to errant trash from collection.
4. Monitoring and response to hydraulic and brake fluid spills from waste collection vehicles.
5. Inclusion of a Refuse Vehicle Impact Fee to account for the impact of repetitive high truck loads on the useful life of City pavements, which may be assessed against tons hauled.
DISCUSSION
Non-Exclusive Commercial Recycling Transporter Permits
The requirements above are governed by the California Department of Resources, Recycling and Recovery (CalRecycle), and violations of these regulations could draw fines to the City in excess of $10,000 per day. The City wishes to engage every mechanism possible to avoid such fines or penalties, and must have detailed agreements with waste haulers to ensure compliance. In addition, the City wishes to ensure that all local regulations are complied with, the City is aware of all haulers operating within its limits, and all applicable local fees are paid. This will not only ensure orderly delivery of service, but also minimize impacts to residents and provide a level playing field to all haulers.
Currently, Hauling Permits do not account for the following items that the City deems as essential for regulation compliance:
o Regular and standardized reporting.
o Quarterly tonnage and revenue reports.
o Annually reporting customer lists and service levels. o Contamination monitoring - annual route reviews or waste characterization studies.
o Triennially sending inventory of vehicles, reflecting vehicle requirements. o Regular outreach and education to customers about what is included in the recycling and/or the organics, and how to avoid contamination. o Appropriate color coding and labeling of collection containers (collection containers are required to be colored blue for recycling, green for organics, and labeling must be graphic in nature and in both English and Spanish.
Staff is recommending that new Hauling Permits appropriately address all such regulatory compliance.
In addition, some recycling haulers have engaged in “cherry picking” by providing recycling services to San Ramon customers that exclude certain lower value recyclable materials like drywall, wood, or plastics #3-7, as required for collection by ACI in the Franchise Agreement, and instead only collect single-material bins of metal, concrete, or cardboard. This activity results in the City’s exclusive franchised hauler receiving more of the lower value commodities
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to collect, sort, bale, and sell to materials markets. This affects the rate structure for all San Ramon customers. Staff is recommending that this practice be prohibited and require that recycling subscribers be able to discard recyclable materials such as paper, cardboard, bottles, cans, jugs, tubs, tin and aluminum, and typical C&D material in co-mingled bins. A customer should only have to secure one permitted recycling hauler to perform mixed recycling services.
Similarly, a C&D customer should only need one hauler to provide either mixed and/or materials-separated boxes on a construction site to achieve the required CALGreen 65% recycling rate.
The City must also be assured that permitted haulers are delivering material to approved facilities:
Organic waste and green waste to a facility, operation, activity, or property that processes or recovers source-separated organic waste in accordance with the requirements of the Act.
Mixed C&D debris to facilities as approved and posted by the City to meet a third-party certified diversion rate; and any and all weight tickets obtained for delivery of this material shall be marked or otherwise designated as sorted C&D (not disposed).
In addition, the City requires that haulers have appropriate insurance and bonds, have liquidated damages clauses, and have provided appropriate indemnification.
Non-exclusive haulers will also be required to pay the Refuse Vehicle Impact Fee. This Fee would be based on the same calculations that are being applied to ACI. While the total revenue from this addition is expected to be small, application of the Fee will ensure that all haulers are competing on a fair basis.
Notification that Commercial Waste Services will be provided by an Exclusive Franchise The City has previously entered into hauling permit arrangements with haulers for the collection of recyclables from commercial premises. As noted above these services are currently being provided on a non-exclusive basis with at least two haulers other than ACI currently working in San Ramon. As indicated by the substantial list of measures that staff must ensure are being complied with, switching to an exclusive franchise would reduce administrative burden while likely improving compliance. Such a switch would also eliminate “cherry picking” and thereby help ensure that all measures designed to reduce environmental impacts are being adhered to. An additional benefit of an exclusive agreement could be increased efficiency of operations by the City’s franchised hauler. This could result in more stable rates for service over the long haul to San Ramon ratepayers. Therefore, staff has also determined that it is in the public interest to consider providing commercial recycling collection services in the City under an exclusive franchise agreement.
The California Public Resources Code Section 49520 states the following:
If a local agency has authorized, by franchise, contract, license, or permit, a solid
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waste enterprise to provide solid waste handling services and those services have been lawfully provided for more than three previous years, the solid waste enterprise may continue to provide those services up to five years after mailed notification to the solid waste enterprise by the local agency having jurisdiction that exclusive solid waste handling services are to be provided or authorized, unless the solid waste enterprise has an exclusive franchise or contract.
Therefore, the City cannot make the shift immediately, but must instead provide notice five (5) years in advance. Staff recommends that the City make such a notice. In the event that circumstances change and the City decides not to proceed with the switch in five years, it is not obligated to do so.
FISCAL ANALYSIS
Implementation of improved permitting process for non-exclusive commercial haulers will likely result in minor increases in fee collection including permit fees, encroachment fees, and refuse vehicle impact fees. Better compliance with State regulations will also reduce the City’s exposure to fines. Other fiscal impacts are anticipated to be minor at this time.
NEXT STEPS
Following receipt of comments from the Policy Committee, staff will undertake the following, as appropriate:
Complete work with the City Attorney to finalize the form of new permit agreements. Finalize agreements with all non-exclusive waste haulers operating in San Ramon. Ensure collection of all fees and adherence to all applicable laws and ordinances. Issue Notices of Intent to switch to an exclusive commercial recycling franchise.
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