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HomeMy WebLinkAboutRCC AGENDA PK 1990/09/24August 9, 1990 TO: The Honorable Mayor and City Council VIA: John D. Goss, City Manager 22 / FROM: John P. Lippitt, Director of Public Wo~~k~ SUBJECT: Indoor Pest Control For City Facilities Referral #2023 At the June 19, 1990 meeting, Council referred to staff and the Resource Conservation Commission the issue of pesticide use in and around City facilities. Council requested the following information: 1) Additional information on type and toxicity of pesticides used by the contract company (see Exhibit A and B) 2) Development of a policy on the indoor use of pesticides and a mechanism for informing employees of the use of the chemicals (see Recommendations below) 3) Evaluation of alternate methods of pest control other than chemicals (see Exhibit C) FINDINGS 1) The pesticide products used by the pest control contractor, Commercial of California, in City facilities contain chemicals of toxicological concern. Exposure to organophosphate and carbamate pesticides as well as to the solvent-base carrier can affect the central nervous and respiratory systems. 2) The specific risk to employee and public health is difficult to determine due to varying conditions surrounding each application and insufficient information on the toxicity of specific pesticides. 3) Although applicators are required by law to make applications according to the label directions, this does not eliminate the risk of human exposure. Cases of pesticide poisoning have been reported in situations where the chemicals were properly applied. 4) An alternative method of pest control which utilizes a variety of methods and minimizes pesticide use is known as Integrated Pest Management (IPM). An IPM program must be designed for the specific pests and conditions found in City facilities. The IPM approach can be implemented immediately but will take three to six months to fully develop. 5) The current contractor employs some elements of an IPM program, such as inspection of sanitation and building conditions, but does not utilize many of the less-toxic alternatives. The current contractor is willing to assist the City in implementing an IPM program. RECOMMENDATIONS In order to reduce the use of pesticides in City facilities and reduce the risk of chemical exposure for employees and the general public, staff recommends adoption of the following policy on indoor pest control: I) Implement an integrated pest management policy for indoor pest control in public facilities over the next six months, in conjunction with the contractor. Train janitorial and maintenance personnel on prevention and monitoring of pests. 2) Select an indoor pest control contractor who will assist in the implementation of the IPM program and will utilize. Require the City's contractor to utilize less-toxic methods and chemicals whenever possible. 3) Provide information to employees on prevention of pests. Encourage employees not to eat food or collect cans in their work areas. 4) Minimize the use of organophosphate and carbamate pesticides. Limit application of the more toxic pesticides to "emergency" situations where less-toxic alternatives have already been tried without success. Use the more-toxic pesticides only on the outside of buildings as a way to prevent the entry of pests. 5) Whenever possible, apply pesticides on a Friday evening. Always have a janitor accompany the applicator to show him/her the specific sites of infestation. In the Library, override the ventilation system and allow it to run all night in order to air out the pesticide vapors. (This entire recommendation is already implemented). 6) Inform employees of pesticide applications by posting notices at least 24-hours prior to application and for at least 48 hours after application. Notification shall include posting of notices with information on: the type of pesticide; common acute health effects; and the date and place of application. If possible, allow employees who are "sensitive" to pesticides to work in an alternate location. 7) Gather further information on less-toxic pest control for the purpose of improving the City's pest control program... The following low-cost and free resources may be useful: Bio-Integral Resource Center (Berkeley, CA) publishes the "Common Sense Pest Control Quarterly," the best source of information on IPM. This non-profit provides consultation and training when requested. County of San Diego Vector Control Services has professional staff who are familiar with integrated pest management. City staff met with Vector Control staff in preparation of this report. U.C. Cooperative Extension Farm and Home Advisor provides information on controlling specific pests with and without chemicals. TOXICOLOGY OF PESTICIDES The City's current pest control contractor, Commercial of California, uses a variety of pesticide products to control ants, fleas, cockroaches, and other common indoor pests. The products used in City facilities include the following types of pesticides: organophosphate, carbamate, pyrethrin, and boric acid. In addition to the "active" pesticide ingredient, these products may also contain "inert" ingredient(s) which are of toxicological concern. (See Exhibit A) The Environmental Protection Agency (EPA) states that no pesticide is "safe" and EPA registration of a pesticide product is not a guarantee of safety. Research on pesticide toxicity has centered on acute (immediate) symptoms of poisoning. Most pesticides have not been thoroughly tested for their potential to cause chronic health effects (cancer, birth defects, etc.) or for their effects on the nervous and immune systems. The risk to human health from exposure to any pesticide is difficult to determine because of varying conditions surrounding each application and insufficient information on the toxicity of specific pesticides. The risk varies depending upon the method of application, the nature and toxicity of the product applied, the environmental conditions, and the physical .condition of persons who may be exposed. The potential level of exposure inside a building after routine application of pesticides has not been sufficiently researched by scientists. The organophosphate and carbamate-type poisons are neurotoxicants; exposure to these chemicals affects the nervous system and brain (see attached article, "Neglected Neurotoxicants). Pyrethrin is a low-toxicity pesticide; less-purified extracts contain allergenic substances that induce attacks of allergic rhinitis and asthma. Some "inert" ingredients are not listed on the label; many, such as petroleum distillates and xylene-range 'solvents, are highly toxic. (See Exhibit B) INTEGRATED PEST MANAGEMENT An alternative method variety of methods is (IPM). IPM has been and forestry, but has pest control. A smal school districts have of pest control which utilizes a known as Integrated Pest Management successfully applied in agriculture only recently been applied to indoor L but growing number of cities and implemented IPM programs. In IPM, preventative methods are employed as the first line of defense with less toxic chemicals used as a last resort. A general indoor IPM program involves sanitation, building maintenance, monitoring, establishing thresholds, spot treatment, non-chemical methods, and less-toxic chemicals. (See Exhibit C) An IPM program must be designed for the specific pests and conditions found in City facilities. An IPM program for City facilities can be implemented immediately but will take 3-6 months to fully develop. FISCAL IMPACT: In the first year, the IPM program is expected to cost somewhat more than the current expenditure for pest control. Since an IPM program is designed for the specific pests and conditions which exist, it is difficult to determine exactly how much it will cost to implement. Staff may need to return to Council for a supplemental appropriation later in the year. In the long run an IPM program is a cost-effective approach to pest control. In general, an IPM program costs more in the beginning as it is being developed and implemented. The largest cost will probably be the internal cost of training janitorial and maintenance staff in the prevention and monitoring of pests. Training can be provided by a consultant (Bio-Intergral Resource Center), by the pest control contractor, and/or by staff (David Harris, Community Development Specialist). Exhibit A PESTICIDE PRODUCTS USED BY THE CITY'S CONTRACTOR The "active" and "inert" ingredients found in the pesticide products used by Commercial of California in the City's public facilities include: ORGANOPHOSPHATE PESTICIDES Dursban L.O. Insecticide Active: Chlorpyrifos 41.5% Inerts: Xylene Range Aromatic Solvent 58.5% Dursban 2E Active: Chlorpyrifos 24.29% Inerts: Xylene Range Aromatic Solvent 67.77% "trade secret" 7.94% Diazinon 2D dust- 2% Active: diazinon 2% Inerts: talc dust 98$ Diazinon 5G granules Active: diazinon 5% Inerts: not specified Knox-Out 2FM Insecticide Active: diazinon 23$ Inerts: water and "trade secret" 77% Safrotin- Aerosol Active: propetamphos CARBAMATE PESTICIDES Baygon 2% bait Active: Propoxur 2$ Inerts: "Trade secret" 98% DESICCATING DUSTS Drione Active: Amorphous Silica Gel 40% Pyrethrin 1$ Synergist 10% Inerts: Petroleum distillate 49% Borid Active: Boric Acid 100% Exhibit B ADDITIONAL INFORMATION ON THE TOXICITY OF PESTICIDES Oraanophosphate pesticides poison insects and mammals by phosphorylation (the addition of phosphate) of the acetylcholinesterase enzyme at nerve endings. The enzyme is critical to normal control of nerve impulse transmission from nerve fibers to muscle and gland cells, and also to other nerve centers (autonomic ganglia) and the brain. At sufficient dosage, loss of enzyme function allows accumulation of acetylcholine (ACh, the impulse-transmitter substance) at nerve endings and nerve centers. In the brain, high ACh concentrations cause sensory and behavioral disturbances, incoordination, and depressed motor function. (Ordinarily, nerve messages are transmitted by an ester, acetylcholine, whose action is "erased" by cholinesterase after the nerve message has been transmitted. Organophosphates inhibit cholinesterase from inactivating the ester and the ester therefore accumulates, allowing overload of nerve messages). Organophosphates are efficiently absorbed by inhalation, ingestion, and skin penetration. Many Organophosphates readily undergo conversion by oxygen and light (or in the body by the action of liver microsomesj from -thions to -oxons which, in general, are more toxic than -thions. other specific properties of individual Organophosphates may render them more hazardous than basic toxicity data suggest. For instance, certain Organophosphates are exceptionally prone to storage in fat tissue, prolonging the need for an antidote when stored pesticide is released back into the circulation. Animal studies have demonstrated a potentiation effect when two or more Organophosphates are absorbed simultaneously: enzymes critical to degradation of one are inhibited by the other. Whether this interaction is a significant factor in human poisoning is not known. Early symptoms of acute poisoning include headache, nausea, dizziness, anxiety, and restlessness. Worsening of the poisoned state is manifest as muscle twitching, weakness, incoordination, tremor, abdominal cramps, and diarrhea. Hypersecretion, including sweating, salivation, and tearing is often prominent. Blurred or dark vision may be reported. Tightness in chest, wheezing, and productive cough may progress to frank pulmonary edema. Repeated absorption of organophosphate at significant dosage, but in amounts not sufficient to cause acute poisoning, may cause persistent weakness, anorexia, and malaise. Carbamate pesticides The toxicology of carbamate pesticides are similar to that of organophosphate pesticides, allowing accumulation of ACh at nerve endings and nerve centers. They also impair central nervous system function. Carbamates are absorbed by inhalation, ingestion, and dermal penetration. Frequent symptoms of poisoning include diarrhea, nausea, vomiting, abdominal pain, profuse sweating, salivation, and blurred vision. Other common symptoms have been dyspnea, tremor, muscle twitching, ataxia, and headache. Pyrethrin is the active ingredient of pyrethrum, a partly refined extract of the chrysanthemum flower. The pesticide rapidly paralyzes the insect nervous system. Toxicity in mammals is extraordinarily low for both pyrethrins and their synthetic cousin, pyrethroids. Some of the less-purified pyrethrum extracts contain allergenic substances that induce attacks of allergic rhinitis and asthma in humans. Piperonyl butoxide, a synergist often mixed with pyrethrin, inhibits the enzymes of the liver which catabolize pyrethrins. The amount absorbed by humans during ordinary exposure is not likely to affect liver function measurably. Symptoms of exposure from inhalation of partly-purified pyrethrum include a stuffy, runny nose and scratchy throat. Asthmatic wheezing may be precipitated by exposure of predisposed individuals. Sudden bronchospasm, swelling of mucous membranes, and shock have been reported after pyrethrum inhalation. Inert ingredients An "inert" ingredient is one which is not included in the formulation for the purpose of killing the target pest. "Inert" does not mean that the chemical is non- toxic. In fact, some inert ingredients may be more toxic than the "active" ingredient. Some pesticide formulations may even contain substances which are banned in consumer products (e.g. benzene or carbon tetrachloride) or which are on the Proposition 65 list of carcinogenic and teratogenic substances. Manufacturers are not required by law to disclose the type of inert ingredients used in their pesticide formulations. This is why some of the MSDS fact sheets state that the inert ingredient is a "trade secret." The EPA has released general lists of inert ingredients found in pesticide formulations; many are of high toxicological concern. Some of the inert ingredients which are listed in the pesticide formulations, such as xylene-range solvent and petroleum distillate, are highly-toxic aromatic and aliphatic solvents. Exposure to these solvents affects the central nervous system. INCIDENTS OF PESTICIDE POISONING AND MISUSE Very recently in Iowa, a Mahkska County District Court jury awarded $1.5 million to five women permanently disabled by exposure to chlorpyrifos (Dursban). Following exposure in the county office building where they worked, these women suffered peripheral neuropathy, central nervous system effects, and immune dysfunction. In a separate incident, a physician suffered extended neurological illness and subsequent sensitization as a result of exposure to Dursban and Ficam (a carbamate). Delayed peripheral neuropathy left the physician with a 50% decrease in the strength of her left quadriceps, spontaneous muscle weakness, and reduced sensory response in her lower left leg and foot. A recent article in the American Journal of Public Health, described a study on the potential of exposure and health risks of infants from indoor use of Dursban (chlorpyrifos). The researchers found that infants can be exposed to toxicologically significant amounts of poison through dermal exposure from crawling on surfaces where pesticide residues remain after application. Diazinon has been banned for use on golf-courses and sod farms, due to massive bird kills (nearly 100 reports have been made in 18 states involving 23 species). At least one study found that Diazinon can cause birth defects in chicken embryos. .1 seta ~ ' ' ' ' Kea- gan th o °5 °° h Neglected Neurotoxicants e t ~ a : ex- cept ~ & ~ ~ scat- When young people started exhibiting classic symptoms of Parkinson's diseaze a few aces' ga. ? w Shat- years ago, reswrchers quickly nailed down the tactic: exposure to tiny amounts of a tuck ti ~ o ~ feted, chemical called MPTP that is sometimes produced during the illicit manufacture of and r ~ z :,oun- synthetic heroin. The discovery, says a new report by [he Office of Technolog} cil sl ew of Assessment (OTA), provided dramatic evidcncc of how a toxic chemical can poison the sand the nervous system, and it haz helped fuel conccros that a variety of neurological eclat ion of disorders might be Gnkcd to exposure [o ncurotoxican[s. But the report says thI uncl :a." federal government has not yet come to grips with these conccros. Ir ~ sublic Research on neurotoxicants is chronically underfunded, the report sa}'s, and affai ysical regulations arc fragmented and poorly coordina¢d. The regulatory agencies have Soc m of focused largely on the carcinogenic potential of roxic substances, but "the adverse clas of a effects [of such chemicals] on organs and organ s}'stems, particularly the nervous 19E ~ the sysmm, may pose an equal or greater threat to public health." scol tom- The true extent of the health hazards posed by neurotoxicants is ustknown, the mei Irma- repott points out, because very few chemicals have been tested to determine if the} ~ tier affect the nervous system. But OTA notes that a large percenta e of the 600 esticide I~ mrnt g p ingredients regismred with the Environmental Protection Agency (EPA) are known shq ttion to be ncurotozic to varying degrees. Poten[ially neurotoxic substances arc also found to then in indusvial chemicals, food additives, cosmetic ingredients, abused drugs, thaapeu~ nest .exter tic drugs, and naturally exeutting substances such as lead. Moreover, OTA cites iss4 ds on evidcncc that environmental agents may play a role N the recent increases in the a~ • ~ c des- incidence of am}'vophic lateral sclerosis (ALS, or Lou Gehrig's disease) and ' ge of Parkinson s disease in [hc elderly. prq wing One major problem in devising regulations to Grtnt exposure to neurotoxican[s is yep day that [heir effects can vary widely and tht biochemical and physiological changes that ele< oven- hole exposure to the developmrnt of neurological disorders arc not well understood tiol i cntif- Takc the problems in regulating exposure [o lead, one of the oldest known s ~ Park. neurotozicants. Over the past five decades, az new evidrnce has accumulated, the "Ar grain maximum blood lead level deemed safe has steadily decreased. And "lead poisoning it this nsurc the United States still occurs in epidemic proportions," OTA write. ~a~ Id in Lack of knowledge of the mechanisms of ncurotoxiciry is also a barrier to screeninp• shal new commercial compounds because there's no firtct basis co predict from a com~ ~ .f [he pound's structure whether it is likely to damage the nervous system. Indeed, currcm Nat d the screening practices, which rely on structural comparisons with known ncurotozicants con c ex- arc "a game of chemical Russian roulette"-a dangerous gamble based on shah chat easier assumptions-says ncurotoxicologist Peter Spencer of the Oregon Health Science• toe s to a University, who chaired OTA's Neuroscience Advisory Panel. Furthtrmorq adds root everal Spencer, until tissue cultures can be used for testing, different animal species "must M case. w :ntific selected to test specific classes of neurotoxicants." Neverthelus, the regulaton wort H : U.S. agencies could do much better, OTA says. They "have not widely adop[ed or applied govt x c ng in neurotoziciry test protocols," and there is "little coordination of regulatory efforts.' milit o ~, :n en- To Spenceq the most immediate concern is "to build a solid baze to understand the dors~ o ~ being mechanisms of action" of neurotoxic chemicals. OTA rcpo[u that the fedora' very S S U :link- govemmrnt is spending a mere $67 million on research on neurotoxicancs. In " ages o z i conclusion: Given the [hreat the neurotoxic substances pose to public health and the x Al ,~ o ~ w prom- lack of knowledge of [he mechanisms by which [hose substances exert adverse effete. ing I ~ e G ~ saying ...federal research programs are not adequately addressing ncurotoxiciry conccros.' they stry' [o ' EPA, for examplq has no ezvamural grams program N neurotoxicology, and when. trap infer- the Office of Management and Budget made across-the-board cuts in [he agency's matic ary N• 1991 budget, a $1.$-million research initiative had to be nixed. formation, Jnattuck argued [hat Wescem If, as Senator Alber Gore, ]r. (D-TN), pu[s it, "chronic ncurotoxiciry prtsents a nations should ensure that Eaztcm Europe- health risk cvcn• bit as large and as vagic as cancer," should funding for ncurotozicin an nations agree to the Berne Com~ention research approach that for cancer? Yes, says Spencer. If neurotoxicants play a role it on parents and copyrights so that " Western Alzheimer's, ALS, and Parkinson's discasq the early onset of these diseases may ~ intellectual property rights arc not uninten- preventable. That, he stiggcsts, is at least worn rigorous investigation. tionally compromised b}' the new openness OTA concludes ominously, "available ncurotoxiciry data are insufficient" to ensue of technological communication." the safe use of many commercial pesticides, indusvial chemicals, food additives, and ^ DAVID P. HAMIL7CIN drugs. Spencer says: "More research is needed to fill [his chasm of biomedica' ignorance." ^ SARAH WILLIAMS David Hamilton is a repnnrr-researrhrr ar The Sarah Williams is a Science intern. Ncw Republic. 958 SCIENCE, VOL. Exhibit C INTEGRATED PEST MANAGEMENT FOR INDOOR PEST CONTROL The new philosophy in pest control is called integrated pest management (IPM). The object of IPM is control pest populations utilizing a variety of non-chemical and chemical methods. Preventative methods are employed as the first line of defense; less-toxic chemicals are used as a last resort. Routine pesticide spraying for general pests is never part of the IPM approach. When pesticides are used, they are the least-toxic available and applied only to the area of infestation. Preferably, the pesticides used are not formulated in a solvent-base (such as petroleum distillates) or aerosol applicator. The City's current contractor does employ some elements of an IPM program, such as inspection of sanitation and maintenance conditions and spot treatment, but does not utilize some of the less-toxic alternatives. An outline of the steps involved in a general IPM program for indoor pest control is as follows: I. PREVENTION A. Sanitation- Insects need food and water to survive. The best way to prevent pests is to keep indoor areas as clean as possible. Food and eating areas should be restricted to as few rooms as possible. Food preparation and eating areas should be cleaned up immediately after use. Food should be properly store in sealed containers. Beverage containers saved for recycling should be stored appropriately. On the outside, wood and yard wastes need to be stored away from buildings. When mopping floors, boric acid or borax in the rinse water will leave a residue which is effective against crawling insects. B. Maintenance- Insects enter structures through cracks, crevices, and holes. Appropriate building maintenance can cut-off the entry way of pest. This includes caulking around windows, cabinets, and floors, installing weather stripping on doorways, and installing and maintaining screens on windows. Holes around pipes and wires coming into a building need to be filled in. C. Monitoring- The key to the IPM approach is to monitor target pest populations and establish thresholds for action. The pests most commonly found in the City's public facilities are cockroaches, silverfish, ants, flies, and fleas. Monitoring involves setting up traps to capture pests and making regular inspections for the pests. D. Establishing Thresholds- Insects are impossible to completely eradicate. Some level of pests will always exist in or around buildings. Establishing thresholds involves determining the level of tolerance for various insects and when to employ stronger control methods. For example, mosquitos (which may transmit disease) should have a lower threshold for action than cockroaches (which do not). E. SAOt Treatment- When a threshold is surpassed, one option is to use a less-toxic insecticide, but to limit treatment to the specific area which seems to be infested. II. NON-CHEMICAL METHODS OF PEST CONTROL (Most of these methods applicable to specific pests). A. TraAS- Roach motels, sticky flypaper, and mouse/rat traps are not only useful in monitoring pest populations, but can help control small numbers of pests. Some traps utilize insect hormones to attract the pests to the trap. Ultraviolet light traps are used to attract and kill flies. B. Mechanical- Fans above doorways can help keep out flies. C. Repellants- Some types of herbs, spices, and scents can repel fleas and ants. These are partially effective and should be used in combination with other methods. III. LESS-TOXIC CHEMICAL CONTROLS A. Desiccating dusts- Boric acid powder and silica aerogel dust are effective with a variety of pests. Boric acid is commonly used against cockroaches. and silverfish. Silica aerogel is less toxic than boric acid and is effective against ants and fleas. (These products could be used by trained City personnel). B. Insect growth regulators- A company called Zoecon has developed insect growth regulators for roaches, fleas, and ants. They work by stunting the larvae thus disrupting the reproductive cycle of the insect. They are very effective in long-term control of pest populations when used with a "knock-down" pesticide. C. Pyrethrin- This pesticide is a very good "knock down" pesticide and breaks down quickly. Often a synergist (piperonyl butoxide) is added to make the pyrethrin last longer. Both pyrethrin and pyrethroids (synthetic pyrethrins) have low acute toxicity in humans. (However some pyrethroids, such as permethrin, are suspected of long- term health effects). D. Insecticidal traps- Some ant and cockroach traps contain moderately-toxic insecticides. In general, they are preferable to a general pesticide application because the insecticide is contained in the trap. They must be placed out of the reach of children and pets. (These products could be used by trained City personnel). September 19, 1990 T0: Resource Conservation Commission UTA: Doug Reid, Environmental Review Coordinatot~ FROM: Stephanie Popek~Principal Management Assistant, Administration SUBJECT: Draft Agreement for Residential Curbside Recycling Services Attached for your review is the draft agreement with Laidlaw Waste Systems, Inc. for Citywide residential curbside recycling services. This agreement is an amendment to the current contract with Laidlaw for refuse collection and disposal services. In its draft form, it is currently being reviewed by appropriate City staff including the City Manager and City Attorney, as well as Laidlaw. This agreement will be forwarded first to the City Council on the October 2, 1990 agenda, when Council will review a report on the program expansion plans, how it is to be financed, and setting a public hearing for October 16, 1990 at 6:30 p.m. In addition, a community meeting will be held at 7:00 p.m. on Monday, October 8, 1990 in the Council Chambers to explain the program and its costs to the public. The RCC's comments and/or minutes regarding the curbside recycling program will be included by staff in the October 2 report. A Commission representative would also have the opportunity to publicly address comments to the Council during both meetings on October 2 and October 16. To assist in your review of the attached draft agreement, the following executive summary provides the highlights of the program parameters, cost and schedule. The Citywide program will be operated as a continuation of the pilot program which is still servicing 3400 homes: A weekly comingled collection on the same day as trash pickup. The same materials will be collected: newspaper, cans (aluminum and bimetal), glass and mixed plastics. Citywide expansion to approximately 23,500 single family homes will take place during January 1991. Service cost will be $1.25 per month per household, and the first quarterly billing for this increase will be mailed in late December. This amount is the net cost of operational costs including franchise fees, less estimated revenue from sale of recoverable materials and landfill diversion credit. All single family homes will be charged the service fee and provided a collection container, even if they choose not to participate. Rate changes (increase or decrease) will take place beginning in April 1992 and be concurrent with one refuse collection fee increase each year thereafter. From January to April of each year, the City will review with Laidlaw the actual cost of the program during the previous year to arrive at the new rate. The agreement will carry the same condition as the master agreement, whereby that increase should not be above the C.P.I. without an automatic public hearing. It is planned that franchise fees will be tied to the same schedule as those in the master agreement for refuse collection. At the time the program begins, the franchise fee will be 7% and will increase one half percent per year each April up to a maximum of 10%. Residential curbside recycling services are considered additional but separate services from Laidlaw under this contract. Accordingly, acceptable performance of recycling services will be determined separately. The City retains the right to bid out those services in the future, if performance is not acceptable. Within the next 18 months, the City will work with Laidlaw on establishing a comprehensive range of services, to include yard waste collection, multi-family residential collection and commercial/industrial recycling. Each new program will require a negotiated amendment to the contract and the City retains the right to bid out any or all programs. I will be available at your September 24 meeting to answer any questions regarding the program and the agreement, or I can be reached in the City Manager's Office at 691-5031. SP:Im sp919/c ~~.~r`~ Exhibit "A" ORDINANCE N0. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE N0. 1993 MODIFYING THE TERMS OF LAIDLAW WASTE SYSTEMS, INC. FRANCHISE TO COLLECT AND DISPOSE OF REFUSE WITHIN THE CITY OF CHULA VISTA RELATIVE TO COLLECTION AND SALE OF RECYCLABLE MATERIALS The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Sections 1 and 2 of Ordinance No. 1993 are amended to read as follows: Section 1. Definitions. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meaning assigned to them in the following definitions (unless in the given instance, the context wherein they are used shall clearly import a different meaning): (a) "Grantee" shall mean Laidlaw Waste Systems, Inc. and its lawful successors or assigns. (b) "City" shall mean the City of Chula Vista, a municipal corporation, of the State of California in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. (c) "Streets" shall man the public streets, ways, alleys and places as the same now or may hereafter exist within said city, including state highways now or hereafter establishing within said City. (d) "Gross Receipts" shall mean all gross operating revenues received by Grantee from the collection and disposal of refuse or collection and sale of recyclable materials. (e) "Recyclable Materials" or "Recyclables" shall mean newsprint, glass, aluminum and metal cans, mixed plastics (to include PET and HDPE), and other such materials as mutually agreed upon in writing by the Grantee and the City, which are collected by the Grantee pursuant to Section 21. Section 2. Purpose The franchise to collect and dispose of refuse and to collect recyclable materials within the City of Chula Vista and to use for such purposes the public streets, ways and places within said City is hereby granted to Laidlaw Waste Systems, Inc., its successors and assigns. (4) Missed Pick-Uo s - In case of a missed pick-up called in by a resident and where Grantee i s determined to be at fault, the resident shall have the option to receive collection within 24 hours or place the materials out on the next scheduled collection day. Information on missed pick-ups shall be logged by Grantee and shall be available to the City. (5) Public Awareness Program - The Grantee will prepare an Introductory Packet of information regarding the Citywide Single-Family Curbside Recycling Program, approved in advance by the City, and will distribute such packet with the recycling containers to each eligible residence. The packet shall include, but not be limited to: a) An informational brochure that details the program elements and describes how they can participate; and b) doorknob hangers or other methods encouraging use of the recycling container and explaining the program. The Grantee will assist with media events, make presentations to community groups and businesses on an as needed basis, and attend County wide meetings related to recycling, speaking on the City's Curbside Recycling Program if needed. The Grantee also agrees to assist in developing incentives to increase participation and tonnage collected, and to encourage involvement of community and youth groups. (6) Local Manager - The Grantee shall at all times during the term of this agreement have a local manager charged with the responsibility for supervision of the recycling operations and obligations of the Grantee. C. Obligations of~City - The City shall participate in the Public Awareness Program as provided in paragraph B.(5) and agrees to take such steps as may be reasonably necessary to protect recyclable materials placed at the curbside for collection by Grantee under the terms of this Agreement and shall enact and reasonably enforce an anti-scavenging ordinance. D. Funding and Rates for Collection (I) Funding Sources - The residential curbside collection program will be funded by four sources: a monthly recycling fee to all eligible residents; revenue from the sale of collected recyclable material; savings in disposal cost of material diverted from the landfill; and grant funds when available and awarded. (a) A monthly recycling fee charged to eligible residents is the primary source of funding for this program. In general, it will be determined by the Grantee's operating expenses, less: revenue received from the sale of collected recyclable material, the savings realized in disposal costs of material diverted from the landfill, and application of grant funds. Specific fee information is outlined in paragraph D.(2) below. -3- (c) Market price for all recyclable materials collected from the curbside and sold by Grantee. The weight receipts shall be available for inspection by the City. (d) Resident participation rates in terms of weekly set-out counts. (e) Overall assessment of performance during the quarter. (f) Discussion of problems and noteworthy experiences in program operation. (g) Recommendations to increase tonnage of recyclable materials recovered. (2) Annual Report - On or before July 31 of each year of the term of this agreement, Grantee shall submit a fiscal year-end annual report to include but not be limited to the following: (a) A collated summary of the information contained in the quarterly reports, and a summary of the participation rates and tonnages of recovered material. (b) A report of public awareness activities and their impact on participation and recovered volumes. (c) A report of highlights and other noteworthy experiences, measures taken to resolve problems, increase efficiency and household participation. (d) °"Additional information as necessary to meet State and/or Federal mandated reporting requirements. Performance Standards - This Agreement for curbside recycling services is subject to the performance standards and franchise conditions detailed in Section 14 of Ordinance 1993, Forfeiture. While it is the intent of Section 21 to describe specific recycling collection services to be provided by the Grantee in addition to existing refuse collection and disposal services, Grantee agrees that acceptable performance of recycling services will be considered severable from this agreement. Additional Franchise Fee - The Grantee, as part of the consideration of this agreement, agrees to pay to the City an additional franchise fee at a rate consistent with that paid for refuse collection and detailed in Section 4 of Ordinance 2104, Consideration. This rate will begin at seven percent (7%) of the annual receipts collected by said Grantee within the City of Chula Vista from residents for the recycling program within the City. Beginning April 1, 1991, the franchise fee shall be increased by one-half percent (1/2%) and one-half percent (1/2%) each year thereafter until it reaches a maximum of ten percent. It is understood that any increase in the franchise fee by the City shall be cause for the Grantee to increase charges in order to "pass through" the cost of the franchise fee. -5- ~A~C ~~~~. '~ ~ i_q i . M E M O R A N D U M IIV SEP 19 19AO .:,,~: DATE: September 19, 1990 TO: Boards & Commissions Secreta FROM: Beverly A. Authelet, City C SUBJECT: Consideration of Dates for Next Boards, Commissions, and Committees Orientation The City Council has been asking when I would be conducting a B/C/C Orientation. I have been putting it off since I was new to the City. However, it is now time to do one. But, I need your assistance. Would you please poll your board/commission/committee to find out what dates and times are best for them. I will use this as a guide. I am looking particularly at a Monday or Thursday afternoon or evening or consideration of a Saturday morning in November. (Both Tuesday and Wednesday evenings are out for me). The orientation would be approximately an hour and half to two hours. Please get back to me by October 1. If you have any questions regarding this, please give me a call. Thank you for your help. ~ 1. ~ ' I _ . 1' M E M O RAN D U M SEP 19 19A0 DATE: September 19, 1990 TO: Boards & Commissions S FROM: Beverly A. Authelet, City C1 SUBJECT: Consideration of Dates for Next' Boards, Commissions, and Committees Orientation The City Council has been asking when I would be conducting a B/C/C Orientation. I have been putting it off since I was new to the City. However, it is now time to do one. But, I need your assistance. would you please poll your board/commission/committee to find out what dates and times are best for them. I will use this as a guide. I am looking particularly at a Monday or Thursday afternoon or evening or consideration of a Saturday morning in November. (Both Tuesday and Wednesday evenings are out for me). The orientation would be approximately an hour and half to two hours. Please qet back to me by October 1. If you have any questions regarding this, please give me a call. Thank you for your help.