HomeMy WebLinkAbout2022-02-08 - RESOLUTIONS - SENATE BILL 1383RESOLUTION 22-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, AUTHORIZING THE FILING OF A NOTICE OF INTENT
TO COMPLY WITH SENATE BILL 1383 REGULATIONS
WHEREAS, the California Department of Resources Recycling and Recovery
(CalRecycle), in consultation with the California Air Resources Board, has adopted regulatory
requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that
are designed to achieve the organic waste reduction goals established in Section 39730.6 of the
Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of
organic waste from the 2014 level by 2020, and a 75 percent reduction in the level of the
statewide disposal of organic waste from the 2014 level by 2025; and
WHEREAS, the City of Santa Clarita (City) is a local jurisdiction required to
comply with the Regulations; and
WHEREAS, the City is or expects to be facing continuing violations of the
Regulations commencing during the 2022 calendar year; and
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of
the Public Resources Code (Statute), created a mechanism called a Notification of Intent to
Comply (NOIC) through which a local jurisdiction may secure administrative civil penalty relief
from any continuing violations of the Regulations for the 2022 calendar year and may be eligible
for a broader and longer -term regulatory compliance path, including suspended administrative
civil penalties, through a corrective action plan; and
WHEREAS, the City is a local jurisdiction authorized by the Statute to submit a NOIC
for CalRecycle approval; and
WHEREAS, CalRecycle shall approve a NOIC that is duly adopted by the jurisdiction by
formal written resolution and meets the requirements of the Statute.
NOW THEREFORE, the City Council of the City of Santa Clarita, California, does herby
resolve as follows:
SECTION 1. The City by and through its City Council hereby formally adopts the
NOIC, which is Exhibit A, incorporated by reference.
SECTION 2. The City Council hereby authorizes and directs the City Manager, on its
behalf, to submit the NOIC, which is Exhibit A, to CalRecycle for approval pursuant to the
Statute.
Page 1 of 2
SECTION 3. By submitting the NOIC pursuant to and subject to the above referenced
requirements, the City represents and certifies that it will implement the proposed actions to
remedy the violations according to the proposed schedule as approved by CalRecycle and in
accordance with the statute and regulations.
SECTION 4. The City, by and through its City Council, also acknowledges and agrees to
comply with any maximum compliance deadline in any corrective action plan that CalRecycle,
in its sole discretion, determines to be necessary and appropriate under the circumstances for the
correction of any violation(s) of the statute and regulations identified in its NOIC.
PASSED, APPROVED, AND ADOPTED this 81" day of February 2022.
Alp
MAYOR
ATTEST:
ClCLERK
DATE: /'
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing
Resolution 22-4 was duly adopted by the City Council of the City of Santa Clarita at a regular
meeting thereof, held on the 8th day of February 2022, by the following vote:
AYES: COUNCILMEMBERS: Miranda, Gibbs, McLean, Smyth, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
L4vt4� � -
CITY CLERK
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EXHIBIT A
NOTIFICATION OF INTENT TO COMPLY
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a
county and city, or special districts providing solid waste collection services) for purposes of
submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC)
section 42652.5(c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the
Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code
of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the
jurisdiction's governing body, shall be sent to CalRecycle no later than March 1, 2022, to
NOICACalRecycle.ca.gov.
A jurisdiction shall, at minimum, include the following in its notification:
1. A description, with specificity, of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction
is unable to comply.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. A description of the proposed actions the local jurisdiction will take to remedy the violations
within the timelines established in 14 CCR section 18996.2 with a proposed schedule for
doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction's notification and implementation of the intent to
comply, a jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section
42652.5(d).
2. A corrective action plan pursuant to 14 CCR section 18996.2.
a. CalRecycle may address through a corrective action plan any violations disclosed in a
jurisdiction's notification that will take more than 180 days to correct. In this situation,
the proposed actions and schedule in the jurisdiction's approved notification will be in
effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its
notification with an approval, disapproval, request for additional information, or timeline for a
decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not
meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction's
notification.
Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: City of Santa Clarita County:Los Angeles
Person Com letin the Form:
First Name: Curtis Last Name: Williams
I Title: Solid Waste Administrator I
Mailing Address: 23920 W. Valencia Blvd. #225
City: Santa Clarita I Zip Code: 91355
� Email Address: cwilliams@santa-clarita.com
� Phone Number: 661-255-4308
1. Select using the check boxes below or write in the continuing violations for each applicable
regulatory section. For each selection, please describe the specific violations related to the
regulatory section.
Example:
115�1 (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
L Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents
R. Not implementing mandatary commercial organics collection for all businesses under
2 cubic yards. Note: City already provides mandatory commercial organics collection
to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential
violations of the regulations.
(A) 14 CCR section 18984 Combined organic Waste Collection Services. This requirement is
not included since the requirements are further specified in sections 18984.9-98984.11.
Z (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
❑ (C) 14 CCR section 18984.2 Two -Container Organic Waste Collection Services
❑ (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services
❑ (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste
Collection Services
❑ (F) 14 CCR section 18984.5 Container Contamination Minimization
❑ (G) 14 CCR section 18984.E Recordkeeping Requirements for Container Contamination
Minimization
❑ (H) 14 CCR section 18984.7 Container Color Requirements
❑ (I) 14 CCR section 18984.8 Container Labeling Requirements
Ej (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction
❑ (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach.
❑ (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach
❑ (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction's Compliance with
Education and Outreach Requirements
❑ (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self -Haulers
❑ (0) 14 CCR section 18988.3. Self -haulers of Organic Waste
❑ (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction
Hauler Program
❑ (Q) 14 CCR section 18989.1. CALGreen Building Codes
❑ (R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance
❑ (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program
❑ (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food
Recovery Program
❑ (U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning
❑ (V) 14 CCR section 18992.2. Edible Food Recovery Capacity
❑ (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target
❑ (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste
Procurement Target
❑ (Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements
❑ (Z) 94 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper
Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting
Note: This requirement is not included since jurisdictions are still expected to report to
CalRecycle.
❑(68) 14 CCR section 18995.1. Jurisdiction Inspection Requirements
Note: Section 18995.9(a)(9) should not be included because a jurisdiction should already be
completing this action due to the requirements of PRC Chapter 12.9 (commencing with
Section 42649.8)
❑ (CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements
(DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations
Note: This requirement is not included since jurisdictions are still expected to investigate
complaints.
❑ (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction
Use the check box(es) below to write in the continuing violations for any regulatory section(s) not
reflected above and describe the specific violations related to the regulatory section.
Example:
0 (1) (Type regulatory section number) (Type regulatory section title)
i. Describe the specific violations related to the regulatory section
❑ (2)
n (s)
2. A detailed explanation of the reasons wily the jurisdiction is unable to comply, supported by
documentation, if applicable.
a. The City is currently contracted with Waste Management to provide three -container
residential collection service including garbage, recycling, and green waste collection service.
Proactive efforts by the City included discussions of enhancing organics collection service by
including food waste with Waste Management since 2019. From 2019 until 2021, the City
worked with Waste Management negotiating multiple deal points, reviewing draft franchise
agreement amendment language, and rate structures. City staff and Waste Management were
ultimately unable to agree to amended services and rates that would be competitive. As a result
of the City and Waste Management not being able to come to an agreement with the necessary
terms to incorporate the collection of food waste services in the current contract, the City needs
additional time to complete a competetive procurement process for SB 1383-compliant solid
waste collection services. The current contract with Waste Management expires June 30, 2023.
b. The City is currently contracted with Burrtec to provide three -container commercial collection
service including garbage, recycling, and green waste collection service. Burrtec provides
commercial food waste collection service upon request. In order to be fully compliant with the
SB1383 requirements and introduce programs and services that assist the City and the State in
diversion goals, the City needs additional time to complete a competitive procurement process
to include the required collection of food waste. The current contract with Burrtec expires June
30, 2023. The competitive procurement process includes both the commercial and residential
collection services combined for the City of Santa Clarita.
c. The City hired R3 Consulting Group to prepare a bid solicitation for residential and
commercial collection service, which will include compliant diversion of food waste from the
single-family, multi -family, and commercial sector waste streams. The City anticipates a
franchise agreement, formally designating provision of compliant organic waste collection
service, will be effective July 1, 2023. The RFP / draft agreement is requiring trucks that are
less than 10 years old, new carts, and newly painted bins at start of agreement. The City is also
requesting that proposers provide a guarantee statement on verifiable capacity for processing
food waste for the City.
3. A description of the impacts of the COVID-19 pandemic on compliance.
The COVID-19 pandemic required City staff to prioritize relief efforts and emergency actions
during 2020 and 2021. City offices closed and staff needed to transition to remote work
conditions. The transition to remote work delayed the procurement of consultant services to
initially negotiate with the current haulers, with the intent of amending the current franchise
agreements. City staff were not able to continue outreach efforts and site visits with commercial
generators due to remote work conditions and COVID-19 restrictions, including social
distancing. Additionally, many businesses in the City shut down and/or permanently closed,
resulting in a significant number of businesses reducing/ cancelling service and unwilling to
subscribe to new organics collection services immediately upon reopening. Finally, due to global
supply chain issues and shortage, delivery of equipment (new containers and trucks) are being
delayed.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations
with a proposed schedule for completing each action. The proposed actions shall be tailored to
remedy the violations in a timely manner. See optional format below.
See below.
Regulatory Requirement: (B.i.) 14 CCR Section 18984.1 Three -Container Organic Waste
Collection Services
Description: Not implementing residential food waste collection for all single-family and multi-
family residents. City provides green waste collection to all residents.
Action
Proposed Schedule
TASK 1: Release RFP for contractor to
Date to be completed: 2/1 /22
provide organics collection service compliant
with 14 CCR 18984 and guarantee organic
waste processing capacity
TASK 2: Adopt franchise agreement for
Date to be completed: 7/31/22
residential collection service
TASK 3: Franchise agreement takes effect
Date to be completed: 7/1/23
TASK 4: Begin deploying new carts for
Date to be completed: 7/1/23
collection service (including food waste
collection service) to residential customers
TASK 5: All residents provided organics
Date to be completed: 12/31 /23
collection service (including food waste
collection service
Regulatory Requirement: (B.ii.) 14 CCR Section 18984.1 Three -Container Organic Waste
Collection Services
Description: Not implementing mandatory commercial organics collection to all businesses.
City offers green waste and food waste collection service to all businesses.
Action
Proposed Schedule
TASK 1: Release RFP for contractor to
Date to be completed: 2/1/22
provide organics collection service compliant
with 14 CCR 18984 and guarantee organic
waste processing capacity
TASK 2: Adopt franchise agreement for
Date to be completed: 7/31/22
commercial collection service
TASK 3: Franchise agreement takes effect
.............
Date to be completed: 7/1/23
TASK 4: Begin deploying new containers for
Date to be completed: 7/1/23
collection service (including food waste
collection service) to commercial customers
TASK 5: All businesses provided organics
Date to be completed: 12/31/23
collection service (including food waste
collection service
I hereby certify under penalty of perjury that the information provided herein is true and correct to the
best of my knowledge.
Signature Printed Name Title Date