PREPARED BY: AMANDA BOOTH DATE OF MEETING: 12/09/2024
SUBJECT:
TITLE
CONSIDER ADOPTING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO (1) APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY (RECYCLEMORE), A JOINT POWERS AUTHORITY, AND THE CITY OF SAN PABLO REGARDING IMPLEMENTATION OF SB1383 REGULATORY REQUIREMENTS AND (2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE MOU
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
Item 202: Develop and Implement Long-Term Environmental Stewardship Goals is an adopted policy item under the FY 2023-25 Council Priority Workplan, effective May 1, 2023.
BACKGROUND
Senate Bill 1383 (SB 1383) sets a statewide goal for the reduction of short-lived climate pollutants by diverting 75% of organic waste disposal to landfills by 2025 and recovering 20% of currently disposed surplus food for human consumption by 2025. Jurisdictions are required under SB 1383 to provide organic waste services such as, but not limited to, organics waste collection, edible food recovery programs, education and outreach, and monitoring and enforcement. SB 1383 designates the California Department of Resources Recycling and Recovery (“CalRecycle”) as the regulatory authority to achieve these organic waste disposal reduction targets.
The City of San Pablo is a member agency of the West Contra Costa Integrated Waste Management Authority, a California joint powers authority (RecycleMore). RecycleMore is responsible for implementing most State-mandated recycling and organics programs in West County and is willing to expand its current scope to achieve compliance with the new requirements of Senate Bill (SB) 1383 on behalf of its member agencies.
The City of San Pablo has been working with RecycleMore staff to develop a Memorandum of Understanding (MOU) between the City of San Pablo and RecycleMore to establish roles, responsibilities, and requirements in regards to the implementation of SB 1383 as required by the State of California and regulated by CalRecycle. The current MOU designates RecycleMore as the responsible party for implementing the following requirements of SB 1383:
1. Education and Outreach
2. Reporting and Recordkeeping
3. Edible Food Recovery Programs
4. Organic Waste Processing Capacity and Diversion Planning
5. Receipt and Investigation of Complaints
6. Enforcement Activities
7. Managing Waiver Policy
The City of San Pablo will be responsible for:
1. Enforceable Ordinance(s) (completed in 2021)
2. Requiring haulers to implement SB 1383 compliance collection containers (completed as part of the Collection Agreement)
3. Container labels compliant with SB 1383 (completed as part of the Collection Agreement)
4. Development and Implementation of Environmental Preferrable Purchasing Policy compliant with SB 1383 (completed 2023)
5. Procurement of organic waste products (ongoing)
6. Reporting and record-keeping for San Pablo required elements (ongoing)
7. Enforcement (ongoing)
CalRecycle, as the regulating authority, is conducting oversight and enforcement on jurisdictions to achieve SB1383 requirements. As a result, the City of San Pablo is subject to compliance evaluations. This MOU enables RecycleMore to leverage its specialized expertise to comply with the new SB 1383 requirements while imposing minimal strain on the City's already limited staffing resources.
CalRecycle has requested that the City and RecycleMore finalize this MOU by the end of 2024 as the City is expected to be audited for SB 1383 compliance in 2025. The City expects RecycleMore to approve this SB 1383 MOU at its December 2024 Board meeting.
Staff recommends that the City Council approve the MOU between the City of San Pablo and RecycleMore to implement SB1383 requirements, and further authorize the City Manager, or designee, to execute the MOU.
RecycleMore staff is still reviewing the attached agreement, which has not yet been approved by its own Board of Directors. Accordingly, the attached resolution provides authority to the City Attorney to approve final changes to the agreement that do not substantially alter the City’s rights or responsibilities from the version of the MOU attached to this agenda report.
FISCAL IMPACT
Funding for services provided as a result of the MOU is sourced from existing Solid Waste post-collection rates and franchise fees therefore, there is no financial impact to the City at this time.
ATTACHMENTS
Att A - Resolution
Att B - Memorandum of Understanding