HomeMy WebLinkAboutCC RES 22-06 DocuSign Envelope ID:6251569E-BD8C-4EDF-90A4-29FB3B46EC1 C
RESOLUTION NO. 22-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A NOTIFICATION OF
INTENT TO COMPLY WITH CALRECYCLE IN COMPLICANCE WITH SB 619
WHEREAS, CalRecycle, in consultation with the California Air Resources Board,
has adopted regulatory requirements (Regulations), consistent with the mandate of
Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction
goals established in Section 39730.6 of the Health and Safety Code through a 50 percent
reduction in the level of the statewide disposal of organic waste from the 2014 level by
2020 and a 75 percent reduction in the level of the statewide disposal of organic waste
from the 2014 level by 2025.
WHEREAS, the City of Tustin is a local jurisdiction required to comply with the
Regulations;
WHEREAS, the City of Tustin is or expects to be facing continuing violations
of the Regulations commencing during the 2022 calendar year;
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5
of the Public Resources Code (Statute), created a mechanism called a Notification of Intent
to Comply through which a local jurisdiction may secure administrative civil penalty relief
from any continuing violations of the Regulations for the 2022 calendar year and may be
eligible for a broader and longer-term regulatory compliance path, including suspended
administrative civil penalties, through a corrective action plan.
WHEREAS, the City of Tustin is a local jurisdiction authorized by the Statute to
submit a Notification of Intent to Comply for CalRecycle approval;
WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly
adopted by the jurisdiction by formal written resolution and meets the requirements of the
Statute.
NOW THEREFORE BE IT RESOLVED that the City of Tustin formally adopts the
Notification of Intent to Comply attached as Exhibit A.
BE IT FURTHER RESOLVED that the Tustin City Council hereby authorizes and
directs the City Manager or his designee, on its behalf, to submit the Notification of Intent
to Comply attached as Exhibit A to CalRecycle for approval pursuant to the Statute.
BE IT FURTHER RESOLVED that by submitting the Notification of Intent to Comply
pursuant to and subject to the above referenced requirements, the City of Tustin
represents and certifies that it will implement the proposed actions to remedy the violations
Resolution 22-06
Pagel of 2
DocuSign Envelope ID:6251569E-BD8C-4EDF-90A4-29FB3B46EC1 C
according to the proposed schedule as approved by CalRecycle and in accordance with
the Statute and Regulations.
BE IT FURTHER RESOLVED that the City of Tustin by and through its City
Manager also acknowledges and agrees to comply with any maximum compliance
deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to
be necessary and appropriate under the circumstances for the correction of any
violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin this 15th day of February, 2022.
Fh
DocuSigned by:
.&,
AUSL4PYMAFZD,
Mayor
ATTEST:
DocuSigned by:
i
E R I L^, P4A7y4A DA,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing Resolution No. 22-06 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 15th day of February,
2022 by the following vote:
COUNCILMEMBER AYES: Lumbard, Cooper, Clark Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
_FDocuSigned by:
.VlLdl. U&SIA.L
ERI AOWPX�OSUDA,
City Clerk
Resolution 22-06
Page 2 of 2
DocuSign Envelope ID:6251569E-BD8C-4EDF-90A4-29FB3B46EC1 C
Exhibit A
NOTICE OF INTENT TO COMPLY WITH SENATE BILL 1383
Jurisdiction Name: City of Tustin County: Orange
Person Completing the Form:
Name/Title: Stacey Cuevas, Public Works Manager
Mailing Address: 300 Centennial Way, Tustin, CA 92780
Email Address: scuevas(a-)tustinca.org Phone Number: 714-573-3037
1. Continuing Violation:
14 CCR section 18984.1 Three-Container Organic Waste Collection Services
2. A detailed explanation of the reasons why the jurisdiction is unable to comply,
supported by documentation, if applicable.
Under a previous contract for solid waste and recycling services, Tustin commercial
and multifamily customers had access to recycling programs since 2007 and
organics programs since 2015. The City completed a competitive Request for
Proposals process that began in 2016. Ultimately, a contract was awarded to CR&R
and incorporated many of the programmatic requirements of SB 1383. The contract
was effective April 1, 2019. A SB 1383 compliant residential organics program was
implemented on July 1, 2021.
A critical component of the contract is annual site visits by CR&R staff to every
business and multifamily property for the purpose of discussing existing services and
the requirement to have recycling and organics programs. CR&R recycling
coordinators are required to evaluate the waste stream and create tailored proposals
based on the generators needs to attain compliance with SB 1383. CR&R is
required to exhaust all options before they are able to refer non-compliant accounts
to the City for further action. Due to the pandemic and other factors, CR&R was
unable to complete this process for all non-compliant accounts and, as a result,
there was not 100% commercial and multifamily compliance on January 1 , 2022.
3. A description of the impacts of the COVID-19 pandemic on compliance.
Per the City's agreement, CR&R is required to have three staff members (two
recycling coordinators and a city liaison) dedicated to assisting Tustin commercial
and multifamily customers. The recycling coordinators are to dedicate 100% of their
Pagel of 2
DocuSign Envelope ID:6251569E-BD8C-4EDF-90A4-29FB3B46EC1 C
Exhibit A
time to implementing recycling programs, with a focus on business and multifamily
accounts. At the beginning of the pandemic, CR&R outreach activities moved from
in person to by phone or email. This is not consistent with the agreement, but was
permitted due to the unknowns associated with the virus. The move away from in
person contact was compounded by CR&R being unable to staff all three of these
positions during most of the pandemic due to the loss of the city liaison and
recruiting difficulties to fill a vacant recycling coordinator position. When stay-at-
home orders were announced in the spring of 2020, businesses closed and solid
waste and recycling programs were stopped. Once open, many businesses were
struggling and were reluctant to adjust their service to implement recycling
programs.
All three of the CR&R positions are currently filled and will be focusing on multifamily
compliance efforts. The City has retained the services of a consultant to work with
non-compliant businesses.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the
violations with a proposed schedule for completing each action. The proposed
actions shall be tailored to remedy the violations in a timely manner.
The City's consultant is dedicating three full-time staff to implementing SB 1383
programs at businesses. All recommendations of compliance via waivers will be
forwarded to the City for review and approval. Anticipated completion date:
September 1 , 2022.
CR&R is dedicating the two recycling coordinators to implementing SB 1383
programs at multifamily complexes. All recommendations of compliance via waivers
will be forwarded to the City for review and approval. Anticipated completion date:
December 31, 2023.
1 hereby certify under penalty of perjury that the information provided herein is true and
correct to the best of my knowledge.
Public Works Manager 2/15/2022
Signature Title Date
Page 2 of 2