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File #: 24-296    Version: 1
Type: Report Status: Agenda Ready
File created: 7/18/2024 In control: REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
On agenda: 9/3/2024 Final action:
Title: AMENDMENT NO. 1 TO NON-EXCLUSIVE FRANCHISE AGREEMENT(S) FOR DISCARDED MATERIALS MANAGEMENT FOR MULTI-FAMILY AND COMMERCIAL GENERATORS AND FOR PROVIDING TEMPORARY SOLID WASTE HANDLING SERVICES
Attachments: 1. Agenda Report, 2. 1. Non-Exclusive Franchise Agreement with Signatures, 3. 2. Amendment No. 1
Related files: 21-383
TITLE:
title
AMENDMENT NO. 1 TO NON-EXCLUSIVE FRANCHISE AGREEMENT(S) FOR DISCARDED MATERIALS MANAGEMENT FOR MULTI-FAMILY AND COMMERCIAL GENERATORS AND FOR PROVIDING TEMPORARY SOLID WASTE HANDLING SERVICES
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DEPARTMENT: PUBLIC WORKS DEPARTMENT/GENERAL SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: PATRICK BAUER, DEPUTY PUBLIC WORKS DIRECTOR, (714) 754-5029

RECOMMENDATION:
recommendation
Staff recommends the City Council:
1. Approve the language of Amendment No. 1 to the Non-Exclusive Franchise Agreements for Discarded Materials Management for Multi-Family and Commercial Generators and for providing Temporary Solid Waste Handling Services allowing customers increased flexibility to opt out of hauler service agreements.

2. Authorize the Public Works Director to execute Amendment No. 1 to the Non-Exclusive Franchise Agreements with each of the seven waste haulers, in substantial form as set forth in Attachment No. 2.

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BACKGROUND:
On October 5, 2021, the City Council approved the non-exclusive Solid Waste Hauler Franchise Agreement to ensure compliance with new State mandates such as Senate Bill 1383 (Attachment 1).
The City elected to retain a non-exclusive hauling franchise to continue offering competition for services to multi-family residents and businesses receiving commercial solid waste service (Residential service, including smaller multi-family residences, is provided under a separate Costa Mesa Sanitary District exclusive franchise). While there have historically been relatively few issues regarding hauler-contract enforcement issues, staff have recently encountered multiple complaints regarding hauler contracts and their use to circumvent competitive pricing for new and mandatory programs under Senate Bill 1383.
Senate Bill 1383 (SB 1383) Lara, Chapter 395, Statutes of 2016 is a state-wide effort to reduce emissions of short-lived climate pollutants (SLCP). SB 1383 directed local governments ...

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