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HomeMy WebLinkAboutRCC AGENDA PK 1993/07/26MEMORANDUM DATE: July 21, 1993 TO: Resource Conservation Commission Members (~ VIA: Doug Reid, Environmental Review Coordinator FROM: Athena Lee Bradley, Conservation Coordinator ,~(,,~ RE: Yard Waste Franchise At the June 8th and June 22nd meetings, Council directed staff to negotiate with Laidlaw to develop yard waste recycling program with Laidlaw. Staff has drafted the proposed franchise and with Council approval of a resolution for the proposed franchise will begin the Charter required process of giving the notice of intention to grant the franchise for multi-family recycling collection services, followed by a public hearing on the first reading of the proposed franchise ordinance. At those meetings, Council approved staff's proposal for the "Options plan," these options are summarized below and included fully in the draft franchise ordinance. Please feel free to call me at 691-5122 if I can clarify any questions prior to your meeting, otherwise I will be at your meeting on the 26th. Thanks! • Option 1: A "pay as you go" option whereby residents can purchase stickers at a 51.00 per sticker. Residents can place up to five cans or bundles per sticker (e.g., per collectionl. Stickers will be available at at least two retail outlets and through Laidlaw. Stickers can then be placed on resident "trash" style cans. • Option 2: A modified option which combines the "pay as you go" option with the universal rate option. Under this option, any resident who desires to participate weekly in the yard waste recycling system would be supplied a 60-gallon container on wheels for amonth/y fee of 53.00 per month. This 53.00 fee would allow residents to place yard waste in the Laidlaw container at the curb once per week, with no additional costs for the service. Residents would also have the option to purchase the cart; if a resident chose to do so, they then would be charged 52.00 per month for collection services. Although the 53.00 fee is on the high end of charges, it does include the rental of a cart on wheels. Oceanside has adopted a program that requires residents to use a cart on wheels (at 52.75 per month for all residents) and EI Cajon is considering it (at a proposed 53.82 per month for all residents). Chula Vista residents that generate a high percentage of yard waste would benefit from this option because of the convenience of the cart. Moreover, those residents who generate little or no yard waste would also benefit from this option, as they would be able to access the collection service for a nominal fee (Option 1, 51.00 per sticker) per pick-up, as necessary. And, those residents who do not generate yard waste would not have to pay for unused services. • Option 3: Residents compost, have no yard waste, have a landscaper that hauls away yard waste or residents may do their own self-haul to a compost facility. ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 1993, AS AMENDED, BY MODIFYING THE TERMS OF THE LAIDLAW WASTE SYSTEMS, INC. FRANCHISE TO REQUIRE COLLECTION OF YARDWASTE FROM SINGLE- FAMILY AND DESIGNATED MULTI-FAMILY RESIDENCES WITHIN THE CITY OF CHULA VISTA FOR THE PURPOSE OF RECYCLING. The City Council of the City of Chula Vista does ordain as follows: SECTION XXIII: That Section 8.23.230 is hereby added to the Chula Vista Municipal Code to read as follows: Sec. 8.23.230 Residential Yard Waste Recvcling Services "Section 1. Definitions. A. "Salvaging or Salvageable" means the controlled and/or authorized storage and removal of Solid Waste, Designated Recyclables or recoverable materials. Grantee agrees to provide Yard Waste Recycling services to all Single-family Residences and specified Multi-family dwellings, defined as those not serviced by Curbside Collection or landscapers who haul yard waste from the Multi-family dwelling, as follows: A. Exclusivity -The City grants to Grantee, for the term herein specified and subject to such terminations herein allowed, the exclusive right to collect Yard Waste, deposited in Designated Yard Waste Recycling Containers (or alternatively, "Containers") and/or bundles located at Designated Recycling Collection or Storage Location(s) as may be identified for Single-family households and on specified Multi-family dwellings, designated Multi-family dwellings, defined as those not serviced by Curbside Collection or landscapers who haul yard waste from the Multi- family dwelling. This grant of exclusive license is not intended and does not preclude duly licensed landscape contractors, non-profit organizations and community groups from conducting recycling programs for the purpose of raising funds, nor does it preclude a person from selling or otherwise disposing of their own Yard Waste through a landscaper, self- haul or composting, so long as said collection, donation or sale does not occur at the Designated Recycling Collection or Storage Location. However, once the Yard Waste has been placed in the Designated Recycling Containers or at a Designated Recycling Collection or Storage 1 Location, the material ("Franchised Recyclables") becomes one of the subject matters of this grant of franchise. B. Obligations of Grantee 1. Implementation Schedule - Grantee shall commence and diligently implement this franchise Citywide from the date of this franchise so that all single-family residences and specified multi-family residential complexes in the City have Yard Waste Recycling Collection service by December 1, 1993. 2. Collection -Grantee shall provide Collection and Removal services for Yard Waste which is placed in Designated Recycling Containers or in bundles, at Designated Recycling Collection or Storage Locations, as defined by the City of Chula Vista Municipal Code Chapter 8.25, segregated from Refuse, from all Single-family and specified Multi-family residences. Grantee shall offer collection of Yard Waste not less than once per week and provide any additional Collection as shall be necessary to prevent overflow of the Exterior Recycling Containers at specified Multi-family Residences. Collection will be on regularly scheduled days or as negotiated with the City for Single-family residences and as shall be arranged with the building property owner, manager or designated agent thereof for Multi- family complexes. The Grantee and the City will mutually agree to any changes in Collection schedule frequencies or Removal Frequency. Design of Collection vehicles shall be done to limit the contamination and maximize the salvageable value of the collected Yard Waste. Acceptable materials for collection include all Yard Waste as herein defined, excluding palm fronds, treated or processed wood or lumber, Bulky Waste or any other materials as shall be determined by the City as to not be Salvageable. All acceptable Yard Waste shall be void of nails, wire, rocks, dirt or any other material that is not considered Yard Waste. 3. Containers -Grantee shall purchase and distribute or otherwise arrange for the distribution of Designated Recycling Containers, to include the following: a. Yard Waste Recycling Container. A Container on wheels (approximately 60 to 90 gallons in size) to be used for the collection of Yard Waste shall be offered to each eligible Residential customer for purchase or rent. Grantee shall distribute Containers to all customers requesting use of said Containers. The type of Container to be used or changes of Container type shall be approved by the City prior to purchase and distribution. Grantee shall retain ownership of the Containers, unless the customer pays in full for the Container, as specified herein. 2 Paper (kraft) or plastic bags will not be acceptable in the program, unless negotiated between the City and the Grantee. Properly bundled materials, such as tree limbs shall be included in the Collection, as herein defined. Acceptable bundles shall be no longer than four (4) feet in length, no more than eighteen (18) inches in diameter, or no heavier than fifty (50) pounds. <wire?string?> Residents may provide their own "refuse" can-like Container for the purpose of storing the Yard Waste for Collection. This Container must be of the type acceptable by the City for the Collection of Refuse, in accordance with City ordinances. No Container shall be more than 30 gallons in size and weigh more than fifty (50) pounds when used for Storage of Yard Waste for Collection. All Containers used for the Storage of Yard Waste shall be kept so that operational performance allows for maximum hauler Collection efficiency. All Containers shall be labeled with a Yard Waste Recycling Program sticker, as defined in Section < Pub. Pro.> of this Ordinance. b. Exterior Recycling Containers. An appropriate Yard Waste Collection and Storage Container(s) shall be provided for use at each Multi-family complex that meets the space restraints and Collection needs of the respective complex and the residents therein. Said Containers may include 90 gallon carts on wheels, 2 cubic yard bin or 3 cubic yard bin. Each container shall conform to the following: plastic containers should include recycled plastic content; be fire resistent; be of durable quality and warranty; be heat stamped or labeled for commodity; be clearly labeled on the lids and the front facing of the bin, in Spanish and English (with graphics) as to the Designated Recyclable(s) and "No Trash"; be clearly labeled with the Grantee's name and phone number. c. Compost bins The Grantee agrees to offer Compost Bins to all residents. The Grantee shall arrange for a mechanism that allows for bins to be ordered through the Grantee and sold to residents at the bulk purchasing cost (including shipping and a reasonable handling and administration charge). Compost bin types to be considered should be sturdy and proven state-of-the-art compost design. The Grantee may choose to offer residents a choice of two different models, e.g., one "open composting system" and one "closed." Bins should be composed of scrap waste wood and/or recycled plastic content. Residents shall be allowed to purchase the bins through an ordering system designed by the Grantee, with assistance from the City, that allows for wide distribution of the ordering mechanism (e.g., mail order coupons) to a majority of Chula Vista residents. The franchisee will work with the City to establish and implement the bin ordering system. The Grantee will work with the City to provide information to the residents on bin delivery and/or pick-up specifics, and on the use of the composting 3 bins, once received. Bins may be dropped or shipped to a central location in the City for pick-up by residents from that site, provided residents are properly notified as to the pick-up point, or as an alternative would be delivery of the bins directly to residential dwellings. 4. Transportation and Marketing of Franchised Recyclables -Grantee shall transport collected Franchised Recyclables to a central collection and Processing point and shall retain responsibility of the materials, so as to yield the highest possible Salvageable value for the Franchised Recyclables as collected and in accordance with any Processing contract held by the Grantee. No noncontaminated Franchised Recyclables shall be Landfilled, unless approved by the City. Should the collected Yard Waste be unsalvageable, only the City Manager (or designee) of the City of Chula Vista may decide not to collect the affected Yard Waste material. All written contracts, if any, with processors, recyclers or other brokers of Franchised Recyclables shall be submitted to the City. Franchised Recyclables that are contaminated due to the placement of Refuse in a Designated Recycling Container, or inclement weather that leaves the Franchised Recyclables unsalvageable, may be landfilled. The Grantee shall retain a record of such occurrences and report said occurrences to the City on a quarterly basis. Should contamination of Franchised Recyclables occur at aSingle-family orMulti-family residence, said residence shall be notified. Should contamination occur three or more times, said residence shall be notified that they are in violation of CVMC Chapter 8.25 and that said residence in subject to penalties therein described. In order to allow for the Yard Waste Program to fully assist the City in meeting its AB 939 obligations, the City is interested in having the collected Yard Waste processed for compost or mulch (not biofuel). To this end, the City reserves the right to direct the Grantee to transport the collected materials to a duly permitted composting facility in the South Bay area, if it deems it to be in the best interest of the City. The City will negotiate with the Grantee to allow for the most equitable and beneficial processing of the collected yard waste. City staff will assist in the marketing of material to the extent practical and feasible. 5. Missed Pick-uqs - In case of missed pick-up called in by a Single- family Resident or Multi-family complex property manager, owner or designated agent thereof, Grantee shall, where possible, provide Collection within 24 hours. If unable to accommodate due to inadequate notice, the Franchised Recyclables shall be picked-up on the next scheduled collection day and Single-family Resident or Multi-family complex owner, property manager or designated agent thereof is to be notified. If the Designated Recycling Containers are overflowing or 4 otherwise creating a Nuisance as a consequence of a missed pick-up, the Grantee is required to provide Collection within 48 hours of notification of missed pick-up. 6. Public Awareness Program -The Grantee will prepare an Introductory packet of information regarding the Citywide Yard Waste Recycling program and will distribute such packet to each eligible residence and specified Multi-family complex owners, property managers or designated agent thereof. The packet shall include, but not be limited to: a) an informational notice, appropriate for hanging on refrigerator or other location indoors, that details all program elements, how residents can participate, proper placement of Yard Waste in Containers or Bundles, the City's mandatory recycling ordinance and recycling hotline phone number; b) a general information brochure on composting; and c) a ("permanent") decal to be placed on the Yard Waste Container. The decal must be large enough to read from the street, and clearly state "Greens Only" or in some other way denote that the Container is for collection of separated, clean Yard Waste. A "pay as you go" sticker designed with atear-off portion to allow the Yard Waste Collection driver to remove the tear-off portion once the materials are collected shall also be made available to Program participants. The Grantee, with assistance from the City, shall arrange for distribution of the stickers through at least two retail outlets, the Grantee's business location, and other locations, as necessary, to be negotiated. The franchisee will be required to distribute the City's composting guide (upon resident request) and other City developed yard waste related informational materials; the City will provide copies of guides and City developed materials at no cost to the negotiated franchisee. All such Yard Waste Program outreach may be conducted in conjunction with the other franchised Recycling programs, upon approval by the City. Beginning in the second year, if, in the City's judgement, it is reasonably determined that the public education effort has not resulted in high enough Program interest, the Grantee will perform reasonable public education activities at the City's direction at a cost to the Grantee to be negotiated and added to the cost of the Program fee, not to exceed $.10 per Unit per month. If needed, as part of the educational activities as determined by the City with input from the Grantee, the Grantee will develop incentives to increase participation, such as, offering rewards for program participants that have high participation levels and high tonnage levels. 7. Local Manager -The Grantee shall at all times during the term of this 5 ordinance have a local manager charged with the responsibility for supervision of the recycling operations and obligations of the Grantee and agrees to provide, at a minimum, one (1), quarter-time person directly assigned to the Yard Waste Program, whose duties are to include: promotional material development and distribution; program monitoring (including on-site visitations); educational outreach to school children; community outreach and reporting duties. C. Obligations of the City - Subject to the provisions of Paragraph 65 of this ordinance, the City shall have lead responsibility for directing the development and expenditures of the public awareness activities for the Yard Waste Recycling Program. The City agrees to reasonably enforce all Program specifications. This includes the following: that Single-family residents and Multi-family complexes are allowed to place up to five Containers (to be more than 30 gallons in size each) and/or Bundles at the Designated Collection Location per "pay-as-you-go" sticker; the City's mandatory recycling ordinance requirements as they pertain to Yard Waste and as described herein; and, Yard Waste Container specifications. D. Funding and Rates for Collection 1. Funding Sources -The Residential Yard Waste Recycling Program will be funded by four sources: a monthly recycling fee to all eligible residents (to be billed to the property manager or resident, as with refuse billings); Net revenues from the sale of collected Yard Waste material, at such time as the market provides revenues for Yard Waste; savings in disposal cost of material diverted from the landfill; 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 allocated equally among the customer base, as determined by Section D.2 below, receiving said Recycling Collection services and will be determined by the Grantee's operating expenses directly attributable to the recycling program, less: any such revenue that shall be received from the sale of the collected Recyclables at such time that the market allows, the savings realized in disposal costs of material diverted from the landfill and any grant funds received for the program. b. All collected Recyclables will be marketed at fair salvageable value, as outlined in Section 6.3 above, and any such net revenues as shall be obtained from such sales shall be retained by Grantee as 6 an offset against operating expenses. The City shall be notified of significant changes in fair salvageable values in writing as part of the quarterly reporting requirements. c. Recyclables collected in the Program will be diverted from disposal in the landfill, thereby resulting in a cost savings to the Grantee ("Landfill Diversion Credit"). On a monthly basis, Grantee will determine the recycled material tonnage collected and the resulting Landfill Diversion Credit based on the landfill disposal cost approved by Council for refuse collection rates and will credit this savings during the first year of operation as an offset against operating expenses. When reevaluating program costs in subsequent years, the City agrees to consider Landfill Diversion Credits of less than 100 percent. The amount will be subject to negotiation and the intent is to provide an economic incentive for the Grantee towards increased participation and program success. d. Any grant funds received will be applied to the costs of the Program when award is noticed or during the next rate review procedure if the award takes place once a specific rate has been determined, with the intent of directly reducing the monthly fee to the rate payer. 2. Rates for Collection - it is the City's intent to ensure that the rates charged to the citizens for the Yard Waste Recycling Program are appropriate and equitable. The monthly fee of $3.00 for weekly collection services or $1.00 per "pay as you go" sticker will be the established fee for the period of the effective date of this contract through March 31, 1994, billed in the same manner as the refuse collection fee. Specific rate review procedures will be used by the City which are consistent with the procedures used for normal Refuse Collection. Rate review will consider adjustments for actual sale of Recyclables and Landfill Diversion Credits in previous period compared to original estimated amounts. Shortfalls or overages will be used in determining rates for upcoming periods. Rate review will be conducted as referenced in Section 9 of the Franchise as amended, including the amendment created by Ordinance No. 2104, Rates for Collection. An increase in rates for Yard Waste Recycling services will be subject to the same limitations and conditions for Refuse Collection rates listed in Section 9. E. Additional Franchise Fee -The Grantee, as part of the consideration of this ordinance, 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 Consideration of the Franchise, as amended by Ordinance 2104. This rate will begin at eight percent (8%) of the annual Gross Receipts 7 collected by said Grantee within the City of Chula Vista from residents for the Multi-family Recycling Program within the City, and increase by one- half (1/2) percent in accordance with the refuse and single-family recycling franchise fee increases. However, said franchise fee increase must be approved by City Council. It is understood that any such 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. F. Term - it is the intent of the City that the term for the provision of Residential Yard Waste Recycling Services shall be to the year 2002, subject to a two year notice of cancellation by the City without cause which cannot be tendered sooner than the end of the third year. The services remain cancelable for cause at any time. SECTION 3: This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by Approved as to form by Athena Lee Bradley Conservation Coordinator Bruce M. Boogaard City Attorney 8