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HomeMy WebLinkAbout24989RESOLUTION NO. 24989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY WITH THE SENATE BILL 1383 REGULATIONS THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND AS FOLLOWS: WHEREAS, the California Department of Resources Recycling and Recovery ("CalRecycle"), adopted regulations to implement Senate Bill 1383 (Lars, Statutes of 2016) ("SB 1383 Regulations"), to achieve the organic waste reduction goals established in Health and Safety Code Section 39730.6 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; and WHEREAS, the City of Palm Springs ("City") is a local jurisdiction required to comply with the SB 1383 Regulations; and WHEREAS, the City is or expects to be facing continuing violations of the SB 1383 Regulations commencing during the 2022 calendar year; and WHEREAS, Senate Bill 619 (Laird, Statutes of 2021), amended Public Resources Code Section 42652.5, 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 SB 1383 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; and WHEREAS, the City is a local jurisdiction authorized by SB 619 to submit a Notification of Intent to Comply for CalRecycle approval; and 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 SB 619. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution. Section 2. The City Council hereby adopts the Notification of Intent to Comply attached as Exhibit "A" and authorizes and directs the City Clerk to submit the Notification of Intent to Comply to CalRecycle for approval. Resolution No 24989 Page 2 Section 3. By submitting the Notification of Intent to Comply pursuant to SB 619, the City represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with SB 619 and the SB 1383 Regulations. Section 4. The City 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 SB 1383 Regulations identified in its Notification of Intent to Comply. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 24TH DAY OF FEBRUARY 2022 JUSTI CLIFTON CITY MANAGER ATTEST: MONIQUE + LOMELI, CMC INTERIM CI CLERK Resolution No 24989 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, MONIQUE LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24989 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 24, 2022, by the following vote: AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tern Garner, and Mayor Middleton NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 24t" day of February 2022. Monique L eli, Interim City Clerk City of Palm Springs, California Resolution No 24989 Page 4 Exhibit A Resolution No. 24989 Page 5 Notification of Intent to Comply CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)]. A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction's governing body, shall be sent to CalRecycle no later than March 1, 2022, to NOIC(a-CalRecYcle.ca.Aov. A jurisdiction shall, at minimum, include the following in its notification: 1. A description, with specificity, of the continuing violations. 2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply. 3. A description of the impacts of the COVID-19 pandemic on compliance. 4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner. Upon approval by CalRecycle of a jurisdiction's notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following: 1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d). 2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction's notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction's approved notification will be in effect until a corrective action plan is issued. CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction's notification. L Resolution No. 24989 Page 6 Please clearly print or type responses. Attach additional pages as necessary. Jurisdiction Name: City of Palm Springs County: Riverside Person Completing the Form:Tracy Sheldon First Name: Tracy I Last Name: Sheldon Title: Office of Sustainability Program Coordinator Mailing Address: 3200 E. Tahquitz Canyon Way City: Palm Springs Zip Code: 92262 Email Address: tracy.sheldon@palmspringsca.gov Phone Number: 760-323-8248 1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section. Example: ® (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note: City already provides mandatory greenwaste collection to all residents H. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more. Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations. (A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. ® (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services ❑ (C) 14 CCR section 18984.2 Two -Container Organic Waste Collection Services ❑ (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services ❑ (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services ® (F) 14 CCR section 18984.5 Container Contamination Minimization ® (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization ® (H) 14 CCR section 18984.7 Container Color Requirements ® (1) 14 CCR section 18984.8 Container Labeling Requirements ❑ (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction ❑ (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. ❑ (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach ❑ (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements ❑ (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self -Haulers ❑ (0) 14 CCR section 18988.3. Self -haulers of Organic Waste ❑ (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program Q 14 CCR section 18989.1. CALGreen Building Codes Resolution No. 24989 Page 7 ❑ (R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance ❑ (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program ❑ (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program ❑ (U) 14 CCR section 18992. 1. Organic Waste Recycling Capacity Planning ❑ (V) 14 CCR section 18992.2. Edible Food Recovery Capacity ❑ (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target ❑ (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target ❑ (Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements ❑ (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement (AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle. ❑(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8) ❑ (CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints. ❑ (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section. Example: M (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section ❑ 0) ❑ (2) ❑ (3) ❑ (4) 2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable. The City has already adopted its SB 1383 enforceable ordinance. Currently, some residential customers have a green container for green waste (yard waste). However, the City's hauler, Palm Springs Disposal Service (PSDS), is awairing on the on the delivery of new equipment such as trucks and carts to collect organic waste. Until that new equipment is received, residents that do receive a green cart can only place green yard (no food waste) in the containers until PSDS notifies residential customers that it will begin accepting organic waste in the green carts; which will likely occur on October 1, 2022. The City has prepared information for customers regarding this update. City is currently working with PSDS to amend its franchise agreement and adopt new organic waste collection rates. The rate increases will be subject to a Prop. 218 hearing and those procedural requirements. Resolution No. 24989 Page 8 3. A description of the impacts of the COVID-19 pandemic on compliance. While the City and PSDS have had an extensive number of meetings in 2021 to rework its entire franchise agreement, staffing turnover during 2021 have delayed the adoption of the franchise agreement. In addition, the City Council approved rate adjustments to its solid waste collection services (not including SB 1383 programs) that will be collected through June 30, 2022. City residents and businesses have been financially impacted by the COVID-19 pandemic, and this has made it challenging to introduce new collection services and increased rates when residents and businesses just approved an increase in 2021 and may be struggling to make ends meet. It is possible that the backlog in trucks and carts for organic waste collection services may be due to impacts from COVID-19. 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. See optional format below. As mentioned above, the City is considering an amended and reinstated franchise agreement, which will take time by City staff and PSDS to prepare, review and present to the City Council. PSDS will prepare a rate proposal and City staff would need time to review and evaluate the rate proposal. City staff will present the information to Council before sending the Prop. 218 notice to property owners and tenants. City staff, in conjunction with legal counsel, would need to prepare a Prop. 218 notice, and coordinate printing and mailing of the notices. Then, the City would work to educate solid waste customers about changes in solid waste collection services and new rates that will take effect. El Resolution No. 24989 Page 9 hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge. Signature Printed Name Title Date Resolution No. 24989 Page 10 Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner. Regulatory Requirement and Description Action Proposed Schedule TASK 1: Negotiate amended Franchise Agreement with PSDS Date to be completed: A ril 30, 2022 TASK 2: Amend Franchise Agreement with PSDS for PSDS to Date to be completed: implement SB 1383 organic waste collection services, adopt June 1, 2022 increased solid waste collection rates for SIB 1383 programs TASK 3: Implement organic waste collection services to Date to be completed: residential customers October 1, 2022 Regulatory Requirement and Description Action Proposed Schedule TASK 1: Date to be completed: TASK 2: Date to be completed: EXAMPLE Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services Description: Not implementing mandatory residential foodwaste collection for all residents. Note - City already provides mandatory reenwaste collection to all residents Action Proposed Schedule TASK 1: Purchase two additional collection trucks and modify Date to be completed: collection routes 4/7/2022 TASK 2: The city will work with its hauler to find a facility to Date to be completed: accept mixed organic waste. 411412022 Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more. Action: Proposed Schedule TASK 1: Purchase two additional collection trucks and modify Date to be completed: collection routes 412112022 TASK 2: The city will work with its hauler to acquire and distribute Date to be completed: appropriate containers to all commercial accounts. The city will 412812022 obtain monthly reports from the hauler to monitor full distribution of carts.