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SOLID WASTE & RECYCLING COMMITTEE

Thursday, July 13, 2023 · Government meeting record

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SOLID WASTE & RECYCLING COMMITTEE

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1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC COMMENT ON NON-AGENDA ITEMS 4. CONSENT CALENDAR 4.A. APPROVE AFFIDAVIT OF POSTING FOR THE SPECIAL SOLID WASTE AND RECYCLING COMMITTEE MEETING OF JULY 13, 2023 RECOMMENDATION: Approve. 4.B. APPROVE THE FOLLOWING SOLID WASTE AND RECYCLING COMMITTEE MINUTES: APRIL 6, 2023 AND MAY 23, 2023 RECOMMENDATION: Approve as presented. 5. OLD BUSINESS 5.A. DISCUSS WASTE AND RECYCLING SERVICES PROVIDED BY REPUBLIC SERVICES IN MEETING COMPLIANCE REQUIREMENTS RECOMMENDATION: Receive report, discuss the item and provide direction to staff. 6. NEW BUSINESS 7. ITEMS FROM STAFF 8. ITEMS FROM SOLID WASTE & RECYCLING COMMITTEE 9. ADJOURNMENT Next meeting: To be determined in the City Council Chamber, Rolling Hills City Hall, 2 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Special Solid Waste & Recycling Committee Meeting SOLID WASTE & RECYCLING COMMITTEE Thursday, July 13, 2023 CITY OF ROLLING HILLS 1:00 PM CL_AGN_230713_SWR_AffidavitofPosting.pdf CL_MIN_230406_SWR.pdf CL_MIN_230523_SWR.pdf CL_AGN_230523_SWC_StaffReport_RepublicServices.pdf 1

Portuguese Bend Road, Rolling Hills, California, 90274. Notice: Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 2

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1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC COMMENT ON NON-AGENDA ITEMS 4. CONSENT CALENDAR 4.A. APPROVE AFFIDAVIT OF POSTING FOR THE SPECIAL SOLID WASTE AND RECYCLING COMMITTEE MEETING OF JULY 13, 2023 RECOMMENDATION: Approve. 4.B. APPROVE THE FOLLOWING SOLID WASTE AND RECYCLING COMMITTEE MINUTES: APRIL 6, 2023 AND MAY 23, 2023 RECOMMENDATION: Approve as presented. 5. OLD BUSINESS 5.A. DISCUSS WASTE AND RECYCLING SERVICES PROVIDED BY REPUBLIC SERVICES IN MEETING COMPLIANCE REQUIREMENTS RECOMMENDATION: Receive report, discuss the item and provide direction to staff. 6. NEW BUSINESS 7. ITEMS FROM STAFF 8. ITEMS FROM SOLID WASTE & RECYCLING COMMITTEE 9. ADJOURNMENT Next meeting: To be determined in the City Council Chamber, Rolling Hills City Hall, 2 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Special Solid Waste & Recycling Committee Meeting SOLID WASTE & RECYCLING COMMITTEE Thursday, July 13, 2023 CITY OF ROLLING HILLS 1:00 PM CL_AGN_230713_SWR_AffidavitofPosting.pdf CL_MIN_230406_SWR.pdf CL_MIN_230523_SWR.pdf CL_AGN_230523_SWC_StaffReport_RepublicServices.pdf 1

Portuguese Bend Road, Rolling Hills, California, 90274. Notice: Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 2

Agenda Item No.: 4.A Mtg. Date: 07/13/2023 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU: ELAINE JENG P.E., CITY MANAGER SUBJECT: APPROVE AFFIDAVIT OF POSTING FOR THE SPECIAL SOLID WASTE AND RECYCLING COMMITTEE MEETING OF JULY 13, 2023 DATE: July 13, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: CL_AGN_230713_SWR_AffidavitofPosting.pdf 3

Administrative Report 4.A., File # 1911 Meeting Date: 7/13/2023 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) AFFIDAVIT OF POSTING In compliance with the Brown Act, the following materials have been posted at the locations below. Legislative Body Solid Waste and Recycling Committee Posting Type Special Meeting Agenda Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274 City Hall Window City Website: https://www.rolling-hills.org/government/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time JULY 13, 2023 1:00pm As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below. Christian Horvath, City Clerk Date: July 10, 2023 4

Agenda Item No.: 4.B Mtg. Date: 07/13/2023 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU: ELAINE JENG P.E., CITY MANAGER SUBJECT: APPROVE THE FOLLOWING SOLID WASTE AND RECYCLING COMMITTEE MINUTES: APRIL 6, 2023 AND MAY 23, 2023 DATE: July 13, 2023 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_230406_SWR.pdf CL_MIN_230523_SWR.pdf 5

MINUTES – SOLID WASTE & RECYCLING COMMITTEE MEETING Thursday, April 6, 2023 Page 1 Minutes Rolling Hills Solid Waste & Recycling Committee Thursday, April 6, 2023 Special Meeting 4:00 p.m. 1. CALL TO ORDER The Solid Waste & Recycling Committee of the City of Rolling Hills met on the above date at 4:10 p.m. 2. ROLL CALL Members Present: Mirsch, Mayor Wilson Members Absent: None Staff Present: John Signo, Planning & Community Services Director Christian Horvath, City Clerk / Executive Assistant to the City Manager Robert Samario, Finance Director (virtually) 3. PUBLIC COMMENTS ON NON-AGENDA ITEMS – NONE 4. APPROVAL OF MINUTES – NONE 5. OLD BUSINESS – NONE 6. NEW BUSINESS 6.A. DEVELOPMENT OF POLICIES OR AN ORDINANCE FOR APPLICABLE TO REFUSE SERVICE BILLINGS Presentation by Finance Director Robert Samario The committee discussed and will recommend to the City Council at a future meeting the establishment of policies for all residential premises that have any kind of development (habitable or otherwise), structure(s), or any other kind of improvement that would be billed for solid waste services each year. Vacant residential premises without any development, structure(s) or any improvement would not be billed for solid waste services. Residential premises that are set to not be billed for solid waste services could opt into solid waste services for activity on the vacant Residential Premises. In order to opt in, the owner (or authorized representative) must submit a request in writing to the City that acknowledges that the Residential Premises will be assessed at the same rate as every other Residential Premises in the City that is billed for solid waste services. 7. ITEMS FROM STAFF – NONE 8. ITEMS FROM SOLID WASTE & RECYCLING COMMITTEE – NONE 9. ADJOURNMENT: 5:29 P.M. The meeting was adjourned at 5:29 p.m. 6

MINUTES – SOLID WASTE & RECYCLING COMMITTEE MEETING Thursday, April 6, 2023 Page 2 Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Patrick Wilson, Mayor 7

MINUTES – SOLID WASTE & RECYCLING COMMITTEE MEETING Tuesday, May 23, 2023 Page 1 Minutes Rolling Hills Solid Waste & Recycling Committee Tuesday, May 23, 2023 Special Meeting 4:00 p.m. 1. CALL TO ORDER The Solid Waste & Recycling Committee of the City of Rolling Hills met on the above date at 4:03 p.m. 2. ROLL CALL Members Present: Mirsch, Mayor Wilson Members Absent: None Staff Present: John Signo, Planning & Community Services Director Christian Horvath, City Clerk / Executive Assistant to the City Manager 3. PUBLIC COMMENTS ON NON-AGENDA ITEMS – NONE 4. APPROVAL OF MINUTES – NONE 5. OLD BUSINESS – NONE 6. NEW BUSINESS 6.A. DISCUSS REPUBLIC SERVICES REQUEST REGARDING A MODIFICATION TO SOLID WASTE FRANCHISE AGREEMENT Presentation by Planning & Community Services Director John Signo Republic Services representative Dawn Harris The committee received information from Republic that the City is currently meeting and exceeding state requirements without mixed waste processing or transformation. Republic is concerned about language in the current Refuse Agreement that could be interpreted as Republic being in violation of the agreement and presented potential options to cure the issues caused by their facility’s inability to operate. The Committee asked questions and expressed concerns about resident perception, other options for Republic to solve their issues, and the ramifications of potentially modifying the agreement terms. Ms. Harris stated that Republic would go back to the drawing board and share the Committee’s comments with the General Manager and President of Republic Services and return for a future meeting with a more formal proposal of ideas. 7. ITEMS FROM STAFF – NONE 8. ITEMS FROM SOLID WASTE & RECYCLING COMMITTEE – NONE 9. ADJOURNMENT: 5:28 P.M. The meeting was adjourned at 5:28 p.m. 8

MINUTES – SOLID WASTE & RECYCLING COMMITTEE MEETING Tuesday, May 23, 2023 Page 2 Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Patrick Wilson, Mayor 9

Agenda Item No.: 5.A Mtg. Date: 07/13/2023 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: ELAINE JENG P.E., CITY MANAGER SUBJECT: DISCUSS WASTE AND RECYCLING SERVICES PROVIDED BY REPUBLIC SERVICES IN MEETING COMPLIANCE REQUIREMENTS DATE: July 13, 2023 BACKGROUND: On July 1, 2020, the City entered into an Amended and Restated Agreement (Agreement) with Republic Services for residential solid waste management services for the collection, transportation, recycling, composting and disposal of solid waste, including recyclable materials, green waste, bulky items, and brush. The City Council obtained the services of HF&H Consultants, LLC (HF&H), to assist with preparing the Agreement, which ends on June 30, 2029. Republic Services provides services to the City all weekdays, except for Wednesday. Section 5.8 of the Agreement requires all collected solid waste other than green waste and brush to be delivered to a material recovery facility for mixed waste processing. This allows residents to put all solid waste into one container which is sorted at Republic Services' facilities. Solid waste is collected using scooter vehicles which drive up private driveways to the service yard. Workers hand lift solid waste from containers onto the scooter vehicle, which then returns to a much larger mother truck to consolidate the waste. The waste is then brought to a consolidated volume transfer (CVT) processing facility to be sorted and transported. On February 28, 2022, Republic Services sent the City a letter indicating its CVT processing facility in Anaheim, which in part serves the City of Rolling Hills, was significantly damaged due to fire on February 22, 2022. Republic Services indicated this was a "force majeure" event pursuant to Section 27.1 of the Agreement which affected their ability to perform processing of the City's residential recyclables and organic materials under the terms of the Agreement. Republic Services began diverting the City's collected materials to other facilities on a temporary basis until the damaged facility could be rebuilt or other permanent solutions could be considered. On April 24, 2023, staff met with representatives from Republic Services about mixed use processing services to the City. The representatives indicated there is no timeline as to when 10

the damaged building would be repaired which negatively affects their ability to serve the City. Further, the scooter service offered to the single-family homes in Rolling Hills is unique and not offered anywhere else in the area. In the past, CalRecycle was able to offer credits for waste transformation but those credits are no longer available as of January 1, 2023. On May 8, 2023, the City Council discussed the matter and referred it to the Solid Waste & Recycling Committee. On May 23, 2023, the Solid Waste & Recycling Committee held a meeting and discussed services provided by Republic Services. The Committee expressed that it did not want to see services changed and did not see an issue with the existing contract. Dawn Benton of Republic Services indicated they are currently in compliance with the 30% diversion requirement as well as the State's recycling requirement but would not want to be out of compliance if circumstances change. The meeting was adjourned with direction to Ms. Benton to discuss with Republic Services' management and report back to the Committee. DISCUSSION: At the May 23, 2023 meeting, Republic Services proposed two options: (1) having Wednesdays be recycling day; and (2) modifying the Agreement so it only requires a 10% diversion rate of mixed use processing as opposed to 30% as stated in Section 12.1 of the Agreement. The Committee indicated it was not in favor of changing service or the terms in the Agreement. Ms. Benton has discussed the issue with her management and returned with the following three points: 1. New Pilot Recycle Program: Rolling Hills Recycles Day . Stage a roll off container one day per month for residents to drop off recyclable items. Items collected will be used towards the City's recycling requirements. 2. Use of green waste recycling for diversion credits . Include green waste as an acceptable item to count towards the City's diversion requirements. 3. City recycle requirements match with CalRecycle per capita requirements . Since the overall goal for any city is to meet CalRecycle requirements, discuss merits of Rolling Hills specific goals mirroring those of CalRecycle. The City has an obligation to report recycling activities to CalRecycle. The Committee should consider ways to promote and increase recycling activities and find ways to provide accurate reports. FISCAL IMPACT: None. RECOMMENDATION: Receive report, discuss the item and provide direction to staff. ATTACHMENTS: CL_AGN_230523_SWC_StaffReport_RepublicServices.pdf 11

Agenda Item No.: 6.A Mtg. Date: 05/23/2023 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: ELAINE JENG P.E., CITY MANAGER SUBJECT: DISCUSS REPUBLIC SERVICES REQUEST REGARDING A MODIFICATION TO SOLID WASTE FRANCHISE AGREEMENT DATE: May 23, 2023 BACKGROUND: On July 1, 2020, the City entered into an Amended and Restated Agreement (Agreement) with Republic Services for residential solid waste management services for the collection, transportation, recycling, composting and disposal of solid waste, including recyclable materials, green waste, bulky items, and brush. The City Council obtained the services of HF&H Consultants, LLC (HF&H), to assist with preparing the Agreement, which ends on June 30, 2029. Republic Services provides services to the City all weekdays, except for Wednesday. Section 5.8 of the Agreement requires all collected solid waste other than green waste and brush to be delivered to a material recovery facility for mixed waste processing. This allows residents to put all solid waste into one container which is sorted at Republic Services' facilities. Solid waste is collected using scooter vehicles which drive up private driveways to the service yard. Workers hand lift solid waste from containers onto the scooter vehicle, which then returns to a much larger mother truck to consolidate the waste. The waste is then brought to a consolidated volume transfer (CVT) processing facility to be sorted and transported. On February 28, 2022, Republic Services sent the City a letter indicating its CVT processing facility in Anaheim, which in part serves the City of Rolling Hills, was significantly damaged due to fire on February 22, 2022. Republic Services indicated this was a "force majeure" event pursuant to Section 27.1 of the Agreement which affected their ability to perform processing of the City's residential recyclables and organic materials under the terms of the Agreement. Republic Services began diverting the City's collected materials to other facilities on a temporary basis until the damaged facility could be rebuilt or other permanent solutions could be considered. On April 24, 2023, staff met with representatives from Republic Services about mixed use processing services to the City. The representatives indicated there is no timeline as to when 212

the damaged building would be repaired which negatively affects their ability to serve the City. Further, the scooter service offered to the single-family homes in Rolling Hills is unique and not offered anywhere else in the area. In the past, CalRecycle was able to offer credits for waste transformation but those credits are no longer available as of January 1, 2023. On May 8, 2023, the City Council discussed the matter and referred it to the Solid Waste & Recycling Committee. DISCUSSION: Since services are provided all week, except Wednesdays, Republic Services is proposing Wednesdays to be recycling day. The rest of the week would be for regular trash pick up and Wednesdays would be for recycling in 35-gallon containers. Staff expressed concern with this option since residents have relief from trash trucks on Wednesday. Additionally, residents would have to be informed and retrained on how to separate and dispose of waste. Further, additional costs would be incurred by the City for the additional day of service. Another option would be to amend the Agreement so it only requires of diversion rate of 10% mixed use processing as opposed to 30% as stated in Section 12.1 of the Agreement. The Agreement does allow either party to request an adjustment to the minimum diversion rate not more than once every two years. Modifications to the Agreement are covered under Section 25. According to Section 12.1, adjustments can be made "based on factors including waste characterization data provided by Contractor, trends in source reduction and reuse, trends in third party Diversion, extent of reverse logistics, the availability of permitted Facilities that are capable of processing material to achieve the required levels of Diversion, emerging methods of processing and Recycling/reusing new waste materials, the availability of markets, transportation constraints, embargoes, and the impact of scavenging. City shall consider such information provided by Contractor and other industry data and shall, at its sole discretion, determine if any adjustments to the minimum Diversion requirements shall be made, and such changes must be approved by the City Council before becoming effective." Since the May 8th City Council meeting, Dawn Benton of Republic Services has provided further insight: The CVT facility is slowly being rebuilt and a “back in service date” has not been determined. As such, Republic Services is unsure whether it will have the ability to process waste for recycling (mixed waste processing (MWP)) as this practice is outdated and is required in only one other city other than Rolling Hills. (MWP requirements are being reviewed there as well.) In Rolling Hills, the consultant (HFH) recommended the 30% diversion requirement at the time of the 2019-2020 agreement negotiations. Although Republic Services attempted a reduction at the time to 10% or 20%, the consultant persisted, and the City agreed to keep it at 30% stating that it would ensure that CalRecycle targets would be met. 313

2022 average diversion was 35%, without mixed waste processing, but did include transformation. 2023 Q1 diversion is 39.75% without MWP and without transformation. Thus, the requirement is already being met without MWP or transformation so far this year. For Rolling Hills to meet the State’s 50% recycling requirement, CalRecycle set the maximum allowable pounds (lbs.) of trash per person per year at 16.7 lbs. The city is currently at 9 lbs. per person, which means that the City of Rolling Hills exceeds the state recycling requirement by 23%. This demonstrates that the City can meet state requirements without the existing diversion requirement. FISCAL IMPACT: None. RECOMMENDATION: Receive report, discuss the item and provide direction to staff. ATTACHMENTS: CA_AGR_2020 - Republic Services Agreement__FINAL.pdf CL_AGN_220328_UnforseenCircumstances_CVTFire.pdf Email_Dawn_Benton_230510.pdf 414

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