RES-2022-014RESOLUTION NO. 2022-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING A NOTIFICATION OF INTENT TO COMPLY
(NOIC) WITH CALIFORNIA SENATE BILL 1383 ORGANIC WASTE
RECYCLING REGULATIONS AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO SUBMIT THE NOIC TO
THE STATE OF CALIFORNIA DEPARTMENT OF RESOURCES
RECYCLING AND RECOVERY (CALRECYCLE) FOR APPROVAL.
WHEREAS, 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 Anaheim is a local jurisdiction required to comply with the
Regulations; and
WHEREAS, the City of Anaheim 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
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 of Anaheim is a local jurisdiction authorized by the Statute to submit a
Notification of Intent to Comply for CalRecycle approval; and
WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted
by the jurisdiction by formal written resolution and meets the requirements of the Statute.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as
follows:
1. The City Council of the City of Anaheim formally adopts the Notification of Intent to
Comply attached as Exhibit "A."
2. The City Council of the City of Anaheim hereby authorizes and directs the Director of
Public Works, on its behalf, to submit the Notification of Intent to Comply attached as
Exhibit "A" to CalRecycle for approval pursuant to the Statute.
3. By submitting the Notification of Intent to Comply pursuant to and subject to the above
referenced requirements, the City of Anaheim 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.
4. The City of Anaheim 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 Notification of Intent
to Comply.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim this 15 day of February , 2022.
AYES: Mayor Sidhu and Council Members O'Neil, Diaz,
Ma'ae, Moreno, Valencia and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
'T:
CITY ERK OF THE CITY OF ANAHEIM
144682
2
Exhibit CITY OF ANAHEIM Exhibit
Notification of Intent to Comply
Jurisdiction Name: City of Anaheim
County: Orange
Person Completing the Form: City of Anaheim Public Works Staff and Solid Waste Consultants
First Name: Rudy Last Name: Emami
Title: Director of Public Works
Mailing Address: 200 S. Anaheim Blvd
City: Anaheim
Email Address: remami@anaheim.net
Phone Number: (714) 765-5065
Zip Code: 92805
Regulatory Sections and Proposed Actions
14 CCR Section 18983.1 Landfill Disposal and Recovery
#1: The City has not implemented compliant organic waste collection services to divert organic materials from landfill.
Action:
Proposed Schedule:
Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside
Task 1: Conclude on -going negotiations with franchise hauler (began negotiations in 2020)
of the City's control
Task 2: Complete revisions to the franchise agreement for collection and processing
Start January 2023 - complete March 2023 (3 months pending completion of Task 1)
Task 3: Conduct Proposition 218 for proposed rate increases
Start April 2023 - complete June 30, 2023 (pending completion of Task 1)
Task 4: Seek City Council approval of franchise agreement
Anticipated com letion date: 7/1/2023 (dependent upon completion of Task 3)
Task 5: Additional Outreach/Education of new/expanded services to residents (Over and above the city's current and
Start December 2022 - complete June 2023 (dependent upon completion of Task 4)
ongoing outreach/education efforts)
Task 6: Implement compliant collection system(A and diversion of programs
Date to be completed: 1/1/2024
Explanation:
Currently, the City processes 25% of residential green waste as compost and the remaining 75% as landfill. The City currently provides mandatory green waste collection to all residents. The City will increase the
portion of residential green waste that is processed as compost to 100% beginning July 1, 2022. City will incur a processing cost of over $500,000 to compost 100% of residential green waste. Until negotiations
conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to provide the compliant organic waste landfill diversion services that meet the requirements of Section 18983.1
and the timeline provided is a best estimate. The City currently conducts processing of recyclables from mixed solid waste for the commercial and multi -family collection sectors and the City will continue to do so
until the new amended contract is established with the planned three -container collection program fully implemented.
14 CCR Section 18984.1 -14 CCR Section 189M.3 Organic Waste collection Services
#2: The City has not implemented compliant organic waste collection services for all residents.
Note: The City's franchised hauler provides trash, recycling, and/or green waste containers to residents of the City. A residential food waste recycling program is currently not available to any residents in the City.
Currently, the City processes 25% of residential green waste as compost and provides green waste collection to all residents. The City will be increasing the portion of residential green waste that is processed as
compost to 100% beginning July 2022.
Action:
Proposed Schedule:
Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside
Task 1: Conclude on -going negotiations with franchise haulers (began negotiations in 2020)
of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing
Start Janua 2023 - com lete March 2023 (3 months pending completion of Task 1)
Task 3: Conduct Proposition 218 process
Start April 2023 - complete June 30, 2023(pending completion of Task 1)
Task 4: Seek City Council approval of franchise agreement
Antici ted com III ion date: 7/1/2023 (dependent upon completion of Task 3
Task 5: Additional Outreach/Education of new/expanded services to residents (Over and above the city's current and
Start December 2022 -complete June 2023 (dependent upon completion of Task 4)
ongoing outreach/education efforts)
Task 6: Implement compliant collection system(s)
Date to be completed: 1/1/2024
Explanation:
Until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to provide the compliant organic waste collection services that meet the requirements of
Section 18984.1- 18984.3 to all residents and the timeline provided is a best estimate.
City of Anaheim
Exhibit CITY OF ANAHEIM ExhibitA
Notification of Intent to Comply
#3: The City has not implemented compliant organic waste collection services for all commercial businesses including multi -family complexes.
Note: The City's franchise hauler offers varying levels of trash, recycling, green waste, and food waste collection services to some businesses and multi -family in the City. Mandatory collection of all waste streams is
required under the City's mandatory ordinance that went into effect January 2022. City will be rolling out programs with an option for separate mixed commingled recycling bin (only 3 CY bin rate available) until the
new enhanced menu of collection options are available to provide the service levels and frequencies required by all commercial generators including multi -family complexes. The City is working to transition
commercial and multi -family generators from an unsegregated single MSW container to a three container system prior to the updated agreement going into effect. The City currently conducts processing of
recyclables from mixed solid waste for the commercial and multi -family collection sectors and the City will continue to do so until the new amended contract is established with the planned three -container
collection program fully implemented.
Action: Proposed Schedule:
Task 1A: Send official City notice of SB 1383 commercial/multi-family requirements to all customers On rain First notice to be sent b July 1, 2022
Task 1B: City to procure third -party field consultant to implement new source -separated organics recycling and dry
Date to be completed: July 1, 2022
recycling programs, verify third party recycling programs, and verify waiver requests.
Task 1C: City to hire internal SB 1383 Administrative Analyst to assist with program implementation, data
Date to be completed: January 1, 2023
management, and reporting.
_
Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside
Task 2: Conclude on -going negotiations with franchise haulers (began negotiations in 2020)
of the City's control)
Task 3: Complete revisions to the franchise agreement for collection and processing
Start January 2023 - complete March 2023 (3 months pending completion of Task 2)
Task 4: Conduct Proposition 218 process
Start April 2023 - complete June 30, 2023(pending completion of Task 2)
Task 5: Seek City Council approval of franchise agreement
Anticipated completion date: 7/1/2023 (dependent u pon completion of Task 4)
Task 6: Additional Outreach/Education of new/expanded services to businesses (Over and above the city's current
Start January 2023 -complete June 2023 (dependent upon completion of Task 5)
and ongoing outreach/education efforts) _
Task 7: Implement compliant collections system(s) Date to be completed: 1/1/2024
Explanation:
Per #1, until negotiations conclude and the franchise agreement is finalized and adopted by the City Council, the City is unable to provide a full menu of compliant organic waste collection services that meet the
requirements of Section 18984.1- 18984.3 to all of the City's commercial businesses and multi -family and the timeline provided is a best estimate. City is negotiating additional recycling coordinators as part of the
franchise agreement amendment. Ongoing program roll -out and container delivery for all commercial businesses and multi -family will be significantly onerous on the City and franchise hauler due to limited
container supply and order delays. The City is also working to finalize their third -party green waste verification and waiver verification process that includes wavier approval based on sufficient evidence per the SB
1383 ordinance that went into effect in January 2022. The City is currently researching options to provide an interim multi -family food waste recycling program expansion using the City's current hauler contract and
existing program pricing. The City will promptly inform CalRecycle if there is success in implementing multi -family food waste recycling programs in 2022 concurrent with hauler negotiations.
14 CCR Sectlon 18594.4 • Recordkeeping Requirements farCompllance with Cirgank Waste Collectlon Services
#4: The City has not yet implemented recordkeeping requirements for compliance with organic waste collection services as the City is still negotiating compliant collection methods. SB 1383-compliant reporting
standards will be included as a requirement in the restated franchise agreement.
Action:
Proposed Schedule:
Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside
Task 1: Conclude on -going negotiations with franchise haulers (began negotiations in 2020)
ofthe City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing
Start January 2023 - complete March 2023 (3 months pending com pletion of Task 1)
Task 3: Conduct Proposition 218 process
Start April 2023 - complete June 30, 2023 16 week process, pending completion of Task 1
Task 4: Seek City Council approval of franchise agreement
Anticipated completion date: 7/1/2023 (dependent upon completion of Task 3)
Task 5: Include prescribed recordkeeping requirements in Implementation Record
Date to be completed: 7/1/2023 (dependent upon completion of Task 4)
Explanation:
Per #1, until negotiations conclude and franchise agreement is finalized and adapted by the City Council, the City is unable to include all of the information in its Implementation Record as required by Section
18984.4 as it pertains to compliance with the organic waste collection service requirements as the franchise hauler is not contractually obligated to provide this information at this time. City will provide all current
available data until the agreement is in place.
City of Anaheim
Exhibit CITY OF ANAHEIM ExhibitA
Notification of Intent to Comply
14 CCR Section 18984.5 -Container Contamination Minimization
#5: The City has not yet implemented the monitoring of contaminants being placed in a collection container by a generator through route reviews and/or waste evaluations as the City will be delegating this
requirement to the franchise hauler through the restated franchise agreement.
Action: Proposed Schedule:
Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside
Task 1: Conclude on -going negotiations with franchise haulers (began 2020) of the Ci 's control)
Task 2: Complete revisions to the franchise agreement for collection and processing
Start January 2023 - complete March 2023 (3 months pending completion of Task 1)
Task 3: Proposition 218 process
Start April 2023 - complete June 30, 2023 (pending completion of Task 1)
Task 4: Seek City Council approval of franchise agreement
Anticipated completion date: 7/1/2023 (dependent upon completion of Task 3)
Task 5: Additional Outreach/Education of new/expanded services to generators (Over and above the city's current
and ongoing outreach/education efforts)
Start January 2023 -complete June 2023 (dependent upon completion of Task 4)
Task 6: Franchisee implementation of container contamination minimization programs
tDate to be completed: 1/1/2024
Explanation:
Per #1, until negotiations conclude and franchise agreement is finalized and adopted by the City Council, the City is unable to implement the container contamination minimization/monitoring requirements and the
timeline provided is a best estimate. The franchise agreement will specify the container contamination minimization/monitoring method used for the City. The pending franchise agreement will include
contamination minimization/monitoring methods compliant with Section 18984.5. The City is researching possible options with the existing franchise agreement that would require the franchised hauler to conduct
SB 1383-aligned waste composition studies as an interim container contamination monitoring program until hauler negotiations are complete and the restated franchise agreement is effective. The City will promptly
inform CalRecycle if there is success in implementing hauler or third -party conducted interim waste evaluation studies in 2022 concurrent with hauler negotiations.
14 CCR Section 18954.E - Recordkeeping Requirements for Container ContaminaVon Minimization
06: The City has not yet implemented recordkeeping requirements for the monitoring of contaminants being placed in a collection container by a generator as the City has not yet implemented container
contamination minimization programs, as described in #1.
Action:
Proposed Schedule:
Task 1: Conclude on -going negotiations with franchise haulers (began 2020)
Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside
of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing
Start January 2023 - complete March 2023 (3 months pending completion of Task 1)
Task 3: Proposition 218 process
Start April 2023 - complete June 30, 2023 (pending completion of Task 1)
Task 4: Seek City Council approval of franchise agreement
Anticipated com letion date: 7/1/2023 (dependent upon completion of Task 3
Task 5: Additional Outreach/Education of new/expanded services to generators (Over and above the city's current
and ongoing outreach/education efforts)
Start December 2022 - complete June 2023 (dependent upon completion of Task 4)
Task 6: Hauler implementation of container contamination minimization programs
Date to be completed: 1/1/2024
Task 7: Include prescribed recordkeeping requirements in Implementation Record
Date to be com pleted: 1/1/2024 _
Explanation:
Recordkeeping information regarding the hauler container contamination minimization programs will be included in the Implementation Record after program implementation.
City of Anaheim
Exhibit CITY OF ANAHEIM Exhibit
Notification of Intent to Comply
14 C R Section 19984.8 -Container Labeling Requirements
#7: The City's franchise hauler is currently required to place labels on each container or lid provided to generators specifying materials allowed to be placed in each container however, the current labeling
requirements do not meet the requirements of Section 18984.8 without the pictures and does not specify the prohibited container materials.
Action: Proposed Schedule: _
Task 1: Conclude on -going negotiations with franchise haulers (began 2020)
Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside
of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing
Start January 2023 - complete March 2023 (3 months pending completion of Task 1)
Task 3: Proposition 218 process
Start April 2023 - complete June 30, 2023 (pending completion of Task 1)
Task 4: Seek City Council approval of franchise agreement I
Anticipated completion date: 7/1/2023 (dependent upon completion of Task 3)
Task 5: Outreach/Education of new/expanded services to generators
I Start July 2023 -complete 1/1/2024 (dependent upon completion of Task 4)
Task 6: Roll -out of new label -compliant containers by hauler to generators who are receiving new containers
Date to be completed: 1/1/2024
Explanation: _
Per #1, until negotiations conclude and franchise agreement is finalized and adopted by the City Council, the City is unable to enforce the container labeling requirements. The pending franchise agreement will
incorporate the container labeling requirements of Section 18984.8 and the timeline provided is a best estimate.
14 CCii Section 18988.4 - Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
#8: The City has not implemented recordkeeping requirements for compliance with jurisdiction's hauler programs as the City does not have a franchise hauler agreement that requires compliance with Title 14,
Division 7, Chapter 12.
Action:
Proposed Schedule:
Task 1: Conclude on -going negotiations with franchise haulers (began 2020)
lAnticipated
Anticipated completion date: 1/1/2023 (please note that success of negotiations may be outside
of the City's control)
Task 2: Complete revisions to the franchise agreement for collection and processing
Start.lanuan 2023 - complete MJrth 2023 (3 months pending completion of Task 1
Tast: 3 Proposition 218 process
Start April 2023 - complete June 30, 2073 hrending completion of Task 1)
Task 4: Seek City Council approval of franchise agreement
completion date: 7/1/2023 (dependent upon completion of Task 3)
Task 5: Implementation of self -haul program
Date to be completed: 7/1/2023
Task 6: Include prescribed recordkeeping requirements in Implementation Record
Date to be completed: 8/1/2023
Explanation:
Information regarding the jurisdiction hauler programs will be included in the Implementation Record after program implementation. City will provide all available data until the agreement is in place and the
timeline provided is a best estimate.
13 CCR Section 18995. L - Jurisdiction hupection Requirements
#9: City does not have a compliance review program to ensure compliance with Section 18995.1(a)(1)(A) and (B).
Action:
Proposed Schedule:
Task 1: City will be utilizing current code enforcement officers to include SB 1383 inspections in their scope of work
for current recycling programs.
Inspection Period:
March 1, 2022 -January 1, 2023
Task 2: City will add multi -family inspections for source -separated recycling as new programs get implemented.
Inspection Period:
January 1, 2023 -July 1, 2024
Task 3: The City will provide all required inspections for multi -family, commercial, and residential programs when the
hauler contract is amended to include such programs.
Estimated Inspection Period:
July 1, 2023 - January 1, 2024
Explanation:
Compliance reviews will commence upon agreement or hiring of an enforcement designee for applicable SB 1383-violations until the negotiated agreement goes into effect at which time all reviews will be provided.
City will look into hiring additional code enforcement officers.
City of Anaheim
Exhibit CITY OF APWHEIM IlxhhbItA
Notification of Intent to Comply
Section LRynl - lhWtemrntsdon Record and lecowke enbut neatilrc
K&. The City is not currently maintaining all records required by Title 14, Division 7, Chapter 12 in an implementation record.
Action:
Task 1: Conclude on -going negotiations with franchise haulers (began 2021)
Proposed Schedule:
Anticipated completion date: 2/1/2023 (please note that success of negotiations may be outside
of the Guys control
Task 2: Complete revisions to the franchise agreement for collection and processing
Start January 2023 - complete March 2023 (3 months pending completion of Task 1)
Task 3: Propositlon 218 process
Start April 2023 -complete June 30, 2023(pending comp ietionof Task 1)
Task 4: Seek City Council avproval of franchise agreement
Anticipated completion date: 7/1/2023 dependent upon completion of Task 31
i ask 5: Roll -out of containers by haulers
-Date to be completed:l/]/2024
Task 6: tie. -In route review and Inspection programs
:Date to be completed: 7/1/2023
Task 7: Include prescribed recordkeeping requirements In Imulementation Record
Date to be wmvleted: 1/1/2024
Explanation:
Item #1, until negotiations conclude and franchise agreement is finalized and adopted by the City Council, the City lacks the authority to require that franchise hauler provide all of the required reporting information
and the timeline provided is a best estimate. Furthermore, some of the information may not be available until program Implementation is completed congruent with the timelines described in this document
Explanation why the City of Anaheim Is c rrerrd r_ unable to eompi y,
The City of Anaheim is located in the County of Orange. Prior to initiating negotiations, the City completed an SB 1383 contract gap analysis In early 2020. The City has been in contract negotiations
with their franchise hauler early in 2020. The Covid 19 pandemic hit shortly after the negotiations began and were put on hold while the City's franchised hauler was determining options for
compliant programs with SB 1383. Additionally, In December 2021 the franchise hauler had a labor union work stoppage that put the negotiations on another pause. The franchise hauler then
became victim of a ransonrware hack on their payroll software (Cronos) in late December 2021 after resolution of the labor stoppage. While negotiations have been active, there is more time
needed to complete negotiations for the restated franchise agreement that include many of the prescriptive requirements necessary to implement SIB 1383 - compliant programs. Once the contract
is agreed upon by both the franchise hauler and the City, there will be additional time needed to prepare Proposition 218 hearing notices and mail to impacted residents and businesses and allot the
required 45-day notice period. Once the contract has been approved by the City Council, there will also be minimally sufficient time allotted to conduct outreach and education to generators and
provide collection containers, as some may not already have the required collection services with the franchise hauler. The franchise hauler has reported industrywide difficulties of ordering new
containers due to a delay caused by the manufacturers of containers.
Ir.r�ectsofCOVID-19randemkoncon lance.
The City and franchise hauler experienced staffing issues (including hiring freezes) due to quarantine requirements which delayed the contract negotiations forthe franchise agreement Due to the
delay in the finalization of SB 1383 Regulations due to COMD-19, there was a delay In being able to actively negotiate the franchise hauler agreement The franchise hauler has been greatly
impacted by COMD-19 and how they operate which has posed challenges in determining operation/servlee costs for newly provided services. Business lode downs prevented roll -out of compliant
programs with services already available.
Ice under ty perjury that the information provided herein is true and coned to the best of my knowledge.
_Rudy Emami Public Works Director
Si ture Printed Name Title Date
City of Anaheim
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2022-014 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 15th day of Februan, 2022 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members O'Neil, Diaz, Ma'ae, Moreno, Valencia, and
Faessel
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of Februai�y, 2022.
CITY LERK OF THE CITY OF ANAHEIM
(SEAL)