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Regular-Community Services # 49.
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| Board of Supervisors |
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| Subject |
| Receive update on Solid Waste Franchise Agreements, approve third amendments with USA Waste of California, Inc. dba as Waste Management, Inc. and Recology Davis to extend terms through December 31, 2019 to finalize contract negotiations and allow additional time for public outreach, and provide staff direction on countywide mandatory waste collection. (No general fund impact) (Echiburu/Juhler) |
| Recommended Action |
- Receive update on Solid Waste Franchise Agreements;
- Approve third amendments to Agreement No. 08-177 with USA Waste of California, Inc. dba as Waste Management, Inc. and Agreement No. 08-206 with Recology Davis to extend terms through December 31, 2019 to finalize contract negotiations and allow additional time for public outreach; and
- Provide staff direction on countywide mandatory waste collection.
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| Strategic Plan Goal(s) |
Operational Excellence
Safe Communities
Sustainable Environment |
| Reason for Recommended Action/Background |
In 2007, the Board of Supervisors authorized the Division of Integrated Waste Management (DIWM) staff to prepare an ordinance and pursue franchise agreements with existing waste haulers that provide service to residents and commercial businesses in the unincorporated areas of the county. The Board of Supervisors purpose for this action was to ensure public health and safety by collecting waste weekly, to bring the County into compliance with state law, add recycling collection services to assist the County in meeting state-mandated recycling laws under AB939, require the haulers to waste flow the trash to the Yolo County Central Landfill to support our County owned facility and pay the County franchise fees to assist with the collection of illegally dumped waste, support the expansion of the Esparto Transfer Station hours of operation and waste reduction education, and outreach activities for rural residents.
In 2008, Yolo County contracted with Waste Management, Inc. (WM) and Davis Waste Removal (DWR) to provide solid waste, recyclable materials, yard trimmings, and Construction and Demolition (C&D) collection services to the County under Agreement Nos. 08-177 and 08-206 respectively. In 2012, each of these franchise agreements was amended to include commercial recycling services as newly mandated under AB341, which provided the procedures for complying with the statute under AB32 which, in turn, requires further reductions in Yolo County's greenhouse gas (GHG) emissions. In 2014, the second amendments to these agreements were signed by the Board of Supervisors which added an organics pilot program.
In 2018, DWR sold its assets to Recology at which time the Board of Supervisors approved an Assignment and Assumption agreement transferring our solid waste franchise agreement over to the newly formed Recology Davis under similar terms and conditions which resulted in little to no change in service to rural Davis residents.
While significant efforts have been made to increase countywide diversion efforts, AB1826 has recently mandated organics collection for all businesses that generate more than 2 cubic yards of solid waste. The rulemaking under SB1383 will further require Yolo County to implement organics collection at a residential level. The goal is to reach a statewide diversion rate of 75% by 2025 for which the DIWM will need to make significant changes to the solid waste franchise agreements.
Pursuant to Board direction, staff initiated negotiations with the waste haulers to update the existing franchise agreements with the understanding that a request for proposals would be issued should the County decide that the negotiated terms were not favorable to the County. In the context of these negotiations, mandatory countywide collection services was identified as a mechanism that could help achieve the County's desired services at the lowest cost to the ratepayers, as the overall cost to provide services would be spread over a larger number of customers.
The County's current system only mandates collection in the densely populated areas of the County, such as the township of Esparto, but not to rural businesses or residents of Esparto whose parcels are located outside of town limits. These non-dense customers currently pay significantly higher fees, approximately 30-45% higher, than their neighbors in town and are not afforded the ability to recycle in some of these areas. Waste Management, which services 90% of the unincorporated County area, has stated that if mandatory service is implemented across the county, solid waste collection fees are likely to be reduced, which would offset the additional cost for organics collection services.
Mandating waste collection would mean that all residents and businesses in Yolo County -- even those in the more rural areas -- would be required to subscribe to garbage, recycling and organics collection services. As the Board considers this proposal, staff presents the following exceptions that could be made available, and to which the haulers have tentatively agreed. As noted, some of these are already included in the current franchise agreements:
- If the owner of a Single-Family Dwelling has a commercial dumpster registered to his or her same name within Yolo County and agrees to self-haul residential waste to the registered commercial dumpster, the single family dwelling will be exempt from residential collection (Existing).
- If a property is inaccessible due to the weight limitation of Contractor provided trucks and both Contractor and County have verified such limitations, the property is exempt from collection. (New)
- If a property owner has agreed to self-haul waste weekly and the County has agreed to monitor compliance with this requirement, the property is exempt from collection. (Existing)
- If a Single-Family Dwelling is vacant for two or more months and the owner has provided sufficient evidence that the Single-Family Dwelling is not being occupied, (ex. For Sale, Under Renovation, etc.) the property is exempt from collection. (Existing)
- If a Single-Family Dwelling owner can demonstrate that they actively compost both Yard Trimmings and Food Waste onsite, they may be granted an exemption from Residential Organics collection services only. (New)
- An accessory dwelling unit in the immediate proximity of a main single-family dwelling unit that is serviced by a hauler, and has sufficient container size to accommodate waste of two households, may be exempt from collection. (Existing).
- Any Single-Family Dwelling or Commercial Premises that is deemed exempt by CalRecycle due to its location within an area with a population density of less than 50 people per square mile, pursuant to SB1383 would be exempt from collection. (New)
Should the Board wish to pursue updated franchise agreements to include countywide mandatory waste collection, staff recommends that the Board direct staff to prepare a public outreach plan, continue negotiations with the haulers, and bring back the item for Board consideration at a future date. The franchise agreement extensions will give staff sufficient time to finalize negotiations and implement the new system. |
| Collaborations (including Board advisory groups and external partner agencies) |
The Yolo County Integrated Waste Management Division (IWM)) collaborated with the franchisees (Waste Management, Inc. and Recology Davis) and consulted with HF&H Consultants, LLC, and County Counsel as to form. IWM has also included each of our community members through a series of meetings and surveys;
Community Surveys:
September 2017 - Clarksburg
June 2018 - Wild Wings
August 2018 - Willowbank
October 2018 - Yolo
May 2019 - Willowbank
Community Meetings:
February 8, 2018, July 15, 2018, November 12, 2018, May 1, 2019 - Willowbank
March 4, 2018 - Madison
March 20, 2018 & April 18, 2018 - Esparto
March 27, 2018 - Madison
April 4, 2018 - Capay
April 17, 2018 - El Macero
May 2, 2018 - Yolo
May 15, 2018 - Knights Landing
May 16, 2018 - Dunnigan
June 6, 2018 - Wild Wings
October 10, 2018 - Clarksburg
June 12, 2019 - Wild Wings
June 18, 2019 - North Davis Meadows
If the short term amendments are approved, the following community meetings are on schedule for final input:
July 11, 2019 - Clarksburg
July 16, 2019 - Knights Landing
July 17, 2019 - Dunnigan
August 15, 2019 - El Macero
August 20, 2019 - Esparto
September 4, 2019 - Capay
September 25, 2019 - Madison |
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