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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />DECEMBER 18, 2018 <br />TITLE: <br />APPROVE AN AMENDMENT TO THE SOLID <br />WASTE SERVICES AGREEMENT WITH <br />WASTE MANAGEMENT OF ORANGE <br />COUNTY TO ADDRESS IMPLEMENTATION <br />OF ASSEMBLY BILL 1826 MANDATES <br />(STRATEGIC PLAN NO. 4, 1) <br />IIAA � <br />C Y MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on ls' Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and Clerk of the Council to execute the proposed Amendment to the <br />Fourth Amended and Restated Agreement for Collection and Handling of Solid Waste with Waste <br />Management Collection and Recycling, Inc. (dba Waste Management of Orange County), that <br />mitigates potential enforcement action by CalRecycle and promotes participation by commercial <br />and multi -family locations in mandatory organics recycling through the establishment of an <br />incentivized commercial recycling program to address implementation of Assembly Bill 1826 <br />mandates, subsidized by the City at a cost not to exceed $627,312, including a 20 percent <br />contingency, for the remaining term of the agreement, beginning January 1, 2019, through June <br />30, 2021, including an optional one-year extension, if needed, subject to nonsubstantive changes <br />approved by the City Manager and the City Attorney. <br />DISCUSSION <br />On December 5, 2017, City Council approved the Extension of Fourth Amended and Restated <br />Agreement with Waste Management Collection and Recycling, Inc. (dba Waste Management of <br />Orange County). The extension included programming to address the unfunded State legislative <br />mandates for commercial/multi-family recycling, Assembly Bill 341 (AB 341); and commercial <br />organics recycling, Assembly Bill 1826 (AB 1826). It provided for immediate implementation, <br />bringing the City into compliance with State requirements for education and outreach <br />programming. <br />In 2018, the State of California (CalRecycle) increased enforcement of AB 341 to require <br />program implementation. This resulted in the City being formally referred to the CalRecycle <br />Jurisdiction Compliance Unit (JCU) in early 2018. Because the City had begun implementing <br />education and outreach programming, and since the extension agreement with Waste <br />Management (WM) already included commercial recycling services at rates lower than solid <br />waste services rates, significant implementation is occurring. By demonstrating this level of <br />25N-1 <br />