Agenda Related Items - Meeting of March 9, 2021
Supplemental Packet Date: March 9, 2021
THOUSAND OAKS CITY COUNCIL
Supplemental
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3:30 p. m.
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ATTACHMENT #2
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: March 9, 2021
SUBJECT: Agenda Item 9A - Solid Waste Franchise Agreement Award RECOMMENDATION: Approve Exclusive Solid Waste Franchise Agreement ( Agreement) with Arakelian Enterprises, Inc. dba Athens Services ( Athens), City of Industry, CA, for residential and commercial solid waste, recyclable materials, and organic waste collection services for a 15- year term from January 1, 2022 through December 31, 2036
The report is amended to include the additional recommendation as follows:
RECOMMENDATION:
Find the award of the exclusive solid waste franchise to be categorically exempt from the provisions of CEQA under State CEQA Guidelines Section 15301 ( Class 1, Existing Facilities) and Section 15308 ( Class 8, Actions by Regulatory Agencies for Protection of the Environment), as well as exempt pursuant to Section 15061( b)(3) ( Common Sense Exemption).
DISCUSSION:
Awarding a waste collection and hauling franchise agreement qualifies for categorical exemptions under the State CEQA Guidelines Sections 15301 and 15308 and is also exempt under the common sense provision of Section 15061, as discussed more fully below.
ENVIRONMENTAL REVIEW:
The project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 of the CEQA Guidelines. Class 1 includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration under a Class 1 exemption is whether the project involves negligible or no expansion of use. For this project, no modifications to any buildings or other facilities are being made. The waste collection service is already being provided and awarding the new Franchise Agreement to a different operator does not expand or materially change the current operation. Because this project meets the above criteria, it is exempt from CEQA.
1 Agenda Item 9A - Solid Waste Franchise Agreement Award Supplemental Memo
March 9, 2021
In addition, the project qualifies for a Class 8 Categorical Exemption pursuant to Section 15308 of the CEQA Guidelines. Class 8 includes actions taken by a regulatory agency, as authorized by state and local ordinances, to assure the maintenance, restoration, enhancement, or protections of the environment where the regulatory process involves procedures for the protection of the environment. The California Integrated Solid Waste Management Act of 1989 ( AB 939) requires cities to permit and regulate solid waste handling and declares that there is an urgent need for regulation to avoid an adverse environmental impact from the amount of waste generated in the state. Several subsequent bills have been passed to address other environmental issues including AB 341 ( Chesbro, Chapter 476, Statutes of 2011), AB 1826 ( Chesbro, Chapter 727, Statutes of 2014), AB 1594 ( Williams, Chapter 719, Statutes of 2014) and SB 1383 ( Lara, Chapter 395, Statutes of 2016), and the California Electronic Waste Recycling Act of 2003 ( SB 20, Sher, Chapter 526, Statutes of 2003). The Franchise Agreement requires the franchisee to comply with both State and local regulations for hauling and disposing of waste. The City’s action assures the protection of the environment since the Agreement contains several regulatory mandates for complying with state law for the disposal of multiple waste streams in a manner that ensures the protection of the environment.
The third applicable exemption is the “common sense” exemption found in State CEQA Guideline Section 15061( b)(3). The collection and disposal of solid waste is mandated and regulated by state law. Under Section 15061( b)(3), activities of the City that will not result in direct or indirect physical changes in the environment may be exempt under the common sense exemption. The City is awarding a service contract to operate the City’s waste collection and hauling services and such services already exist. Any selected franchise operator will be required to comply with the terms of this new Franchise Agreement and provide nearly identical services to those currently required. The selected franchise operator will serve the same public and private facilities. The operator will also be required to comply with State and City regulations already established for the collection and hauling of waste. The selection of the franchise operator is not an activity that would have a significant effect on the environment and, therefore, the activity is not subject to CEQA.
DPW: 810- 40\ etm\ Council\ 2021\ 030921\ Exclusive Solid Waste Franchise Agreement Award supplemental memo. docx. 2 CAO:610-70\jb\Legal Files/ Consider CEQA Exemption Findings for Solid Waste Franchise Agreement with Arakelian Enterprises, Inc.\Att 2.pdf