HomeMy WebLinkAboutWORKSHOP 08-16-99 inter-Com
DATE: AUGUST 16, 1999 ~
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT
WORKSHOP REGARDING PREPARATION OF BID SPECIFICATIONS FOR SOLID
WASTE SERVICES FRANCHISE AGREEMENT
SUMMARY: The City is required to seek public works bids for solid waste services and has
retained Hilton, Famkopf and Hobson to prepare the bid specifications. The purpose of this
public workshop is to review service options for complying with the AB-939 50% diversion
mandate and provide direction to staff for inclusion in the bid specifications. Staff proposes the
implementation of a single contract with automated residential collection and a three-cart
recycling program~ In addition, staff proposes that a 2% franchise fee be collected from
residential customers for administration and compliance costs.
RECOMMENDATION:
Staff is requesting the City Council to provide direction to staff regarding service issues related
to the preparation of the bid specifications for the City's new solid waste services franchise
agreement.
FISCAL IMPACT:
The current solid waste franchise agreement specifies a 2% franchise fee for commercial
accounts and generates approximately $109,000 in annual revenue to the City. Uniformly
applying the franchise fee would provide additional general fund revenue, to offset City costs
associated with administration and implementation of the solid waste program.
BACKGROUND:
In 1994, City voters approved Measure J that amended the City Code to require utilization of a
Public Works bid process for any new solid waste franchise agreement. City Code Section 4333
is included for reference as Attachment A to this report.
On May 17, 1999, the City Council approved a professional services agreement with Hilton,
Famkopf and Hobson (HFH) to prepare the bid specifications for a new solid waste contract.
HFH has completed its initial assessment of the current services and, after community and City
Council input, will be prepared to develop the new bid specifications.
The current solid waste franchise agreement with Great Western Reclamation (GWR), a division
of Waste Management of Orange County, expires on June 30, 2000.. The existing service
consists of the manual collection of mixed residential and commercial waste with processing and
recovery of recyclable materials at the Waste Management's Sunset Environmental Material
Recovery Facility. Residual waste is then disposed in an Orange County Landfill or diverted to a
waste-to-energy facility in Long Beach.
In 1998, the total annual tonnage collected by GWR was 74,700 tons. Of this amount,
approximately 41% of the total waste stream was from all residential customers and 59% was
from commercial customers. All collected waste is processed through the Sunset Material
Recovery Facility in Irvine. In 1998, approximately 29.5% of the total waste collected was
removed from the waste stream for recycling or was sent to an incineration facility in Long
Beach in order to divert flow from Orange County landfills. The State calculated citywide
diversion percentage for 1998 was 26%.
While evaluating the current level of service and analyzing future service requirements, the
overriding concern of staff remains compliance with State recycling and landfill diversion
requirements. AB-939 and subsequent implementing regulations mandated that the City recycle
or divert from landfills 25% .of the City's 1990 landfill disPosal tonnage by 1995. In the year
2000, the mandated diversion percentage will double to 50%. Failure to comply with this
mandate Could result in fines levied by the State of up to $10,000 per day
The California Integrated Waste Management Board has determined that the City is making a
"good faith effort" and is in compliance with the 1995 25% diversion mandate. While the
current level of solid waste service provides compliance With the 1995 mandate, it is certain that
the City will not comply with the year 2000 50% diversion mandate with the current level of
service. Staff believes that the current program is marginal in its effectiveness at achieving the
25% mandate and that a higher margin of "safety" is required in the next contract. It should be
noted that a hauler diversion rate of 55-60% is the minimum necessary to insure that the City has
an effective State calculated diversion rate of at least 50%.
The following significant policy issues must be resolved in order to complete bid documents. An
overview of each of these issues is provided below:
ISSUE ADVANTAGES DISADVANTAGES
Could possibly result in more
bids for commercial services.
1. Shall the City award
separate contracts for
residential and commercial
services?
2. Should the City require
that residential refuse
collection be automated?
3. Is yard waste recycling
alone sufficient to achieve
Insures separation of solid
waste costs for commercial
and residential services.
Improved community
appearance.
Significant efficiency increase
for hauler and lower rates.
Reduced worker injuries.
Relatively simple program to
for a hauler to implement
City administration costs will
increase with more than one
contract.
It would be more difficult to
assign AB-939 compliance
responsibility to multiple
haulers.
Could decrease hauler
efficiencies and increase total
costs.
Requires a cart for each waste
stream.
Initial customer resistance to
change.
Not certain that the City
would attain the 50%
diversion mandate.
No other incentive would be
provided to recycle other
products.
the State's year 2000 50%
diversion mandate?
Maximum diversion increase
for the least program change.
Would force hauler to
continue substantial reliance
on a material recovery facility
for other refuse.'
Additional program costs
ISSUE
4. Should the City
implement a three-cart
source separation program
for residents and selected
ADVANTAGES
Would maximize the City's
ability to meet the State's AB-
939 50% diversion mandate
Source separation is now an
industry standard and most
DISADVANTAGES
Requires customers to
businesses?
haulers are equipped to
provide this service.
Hauler would provide and
maintain customer trash
containers
Could increase hauler
efficiency when combined
with automation.
dramatically alter their waste
disposal practices
Additional program costs.
Multiple collection vehicles
for various waste streams.
Requires considerable public
information/education effort
by the City and the hauler.
Solid waste recycling services
would be offered to selected
multi-family locations and
businesses.
Provides all residents an
opportunity to recycle
5. Should franchise fees be
collected from residential
customers and/or should
franchise fees be increased?
Any increase would further
diversify the City general fund
revenue sources.
An increase could compensate
the City for impacts to streets
related to solid waste
collection activities.
Could provide funding for
additional public
information/education and to
promote community recycling.
An increase would result in
minor additional cost to solid
waste customers.
The current fee will continue
on commercial customers
only.
HFH and staff recommend that the City Council adopt a conservative strategy to insure that the
City meets the 50% diversion mandate. HFH and staff believe that any adopted program should
maximize the opportunity to achieve and exceed the 50% diversion mandate. Specifically, HFH
and staff propose that the City approve a solid waste program that includes the following key
components:
1. A single contract for all City solid waste services.
Justification:
Limited staff resources are available to support contract administration. An additional
contract would limit the ability of the City to hold any contractor responsible for City
compliance with AB-939. In addition, the different programs and contractors could
confuse residents/business owners. Solid waste collection and disposal cost savings to
either the residential sector or business sector may not be realized due to the loss of
routing and service efficiencies.
2. Automate residential routes and selected commercial accounts.
.
Justification:
Automation is the utilization of a mechanical load collection system on waste collection
vehicles. Use of this system generally requires the use of special carts that can be
manipulated by the loader system. Use of the equipment speeds waste collection because
the driver does not have to step from the vehicle at each collection point. Cost savings
are realized by the hauler due to reduced worker compensation claims and because routes
can be scheduled more efficiently. Implementation of automated collection could
provide significant hauler savings over the current manual collection method.
Automation could also offset increased costs associated the implementation of any
recycling option. ..
Implement a three-cart source separation program for residents and selected
commercial accounts.
Justification:
HFH and staff believe that any program less than a three-cart source separation program
is not likely to achieve the State's 50% diversion mandate. In his 1998 report to the City,
.Dr. Eugene Tseng of UCLA, a well-known and resp6cted authority on solid waste,
concluded that yard waste accounted for approximately 25% of the community's
residential waste volume by weight. Recovery of all' residential green waste material and
a significant amount of other recyclables materials would be required for year 2000
dompliance. A three-cart system, requires customers to separate waste into one of three
carts provided by the hauler; one for green waste, one for general refuse and another for
mixed recyclables (glass, newspapers, plastic, etc.). Staff would require the hauler to be
responsive to customer requirements (space limitations, sizing, type) when issuing carts.
Additionally, some multi-family and commercial accounts would be offered the
opportunity to participate in source separation at no additional charge, prOvided they have
room for extra bins or carts.
While a three-cart program is a significant change for City residents, Staff would work
with the hauler to be as accommodating to customers as possible while insuring that the
program maximizes the City's likelihood to achieve the 50% diversion rate, reduce the
City's need to process waste through an expensive material recovery facility and
demonstrate to the State a sincere and gOod faith effort to reduce the landfilling of waste
for the entire term of the new contract.
4. Apply a 2% franchise fee to residential accounts that recovers City solid waste
administration and compliance costs.
Justification:
The current 2% franchise fee is well below the 5-15% range of fees charged to by other
cities in Orange County. Additionally, the current fee is applied only to commercial
accounts, thereby creating a structural rate disparity between commercial and residential
rates. The current fee is not sufficient to recover City franchise administration and
compliance costs, does not compensate the City for impacts to City streets caused by
heavy solid waste vehicles or provide the City with funding to support or advocate
community recycling. Staff estimates that approximately $150,000 annually is required
to support administrative and compliance costs. A fee. higher than 2% for commercial
and residential accounts would be required to support community recycling efforts,
provide community education and compensate the City for impacts to streets. From a
legal perspective, there is no limitation on the fee level.
A summary of the residential service options prepared by HFH is provided as Attachment B.
The City Council is requested to provide direction to staff regarding these key issues. This will
permit HFH and staff complete a draft set of bid specifications. When the draft bid
specifications are completed, staff will circulate the document to all potential bidders for
comments regarding technical wording. Staff will then modify the bid documents in accordance
with City Council policy direction and return to the City Council for formal approval of the bid
specifications. A project schedule is provided as Attachment C.
T(~ D. Serlet
Public Works Director
Senior Management Analyst,
Public Works Department
Attachments
ATTACHMENT A
TUSTIN CITY CODE
SOLID WASTE COLLECTION
40o3
4333 CONTtLiCTS FOR REMOVAL AUTHORIZED
The Council may enter into contracts for the collection and disposal of solid waste mate-
rial, and may establish such rules for the regulation thereof as ft may from time to time deem
best and necessary. The terms, as set forth in Part 4, shall be the minimum terms of any
contract, approved by the City Council. At least every seven (7) years City contracts for the
collection and disposal of solid waste and for the collection of recyclable material shall be
competitively bid in accordance with California Public Contracts Code Section 20162 et seq.
This requirement shall apply upon the termination of each City contract for the collection and
disposal of solid waste material that is in effect as of the date of this Ordinance No. 1130.
(Ord. ~'o. 540; Ord. No. 1130, Sec. 2, 11-8-94)
ATTACHMENT B
ATTACHMENT C