Item 43 - Exclusive Solid Waste Agreement

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Exclusive Solid Waste Services Agreement August 17, 2021 Page 3 1 9 5 9 Proposers offered a variety of environmental leadership initiatives and agreed to comply with the requirements of the Department of Transportation, South Coast Air Quality Management District, and California Air Resources regulations. Additionally, all collection vehicles will be powered by natural gas and be model year 2021 or newer. Outreach Various in-person meetings were held with Santa Ana neighborhood associations (NA) to share a detailed Solid Waste Contract Residential Customer Impacts presentation. Staff met with Artesia Pilar and Flower Park NA, Com-Link, Downtown NA, Fisher Park NA, Floral Park NA, Washington Square NA, Willard Square NA, and Wilshire Square NA. Citywide community meetings were held virtually and in-person. A Solid Waste Contract Business Customer Impacts presentation was made virtually to the Environmental and Transportation Advisory Commission and virtually at a Citywide community meeting. In reviewing the agreement, it was discovered that clairification is needed between Sections 3.5 and 5.1.1 to clarify the intention of the payment of fees. Franchise fees will be paid to the City monthly, and the remainder of City fees will be deducted monthly from the rates collected by the City and paid to the Contractor. The agreement will be revised accordingly. It is anticipated that all proposers will be in full agreement with these changes. As State of California agencies, the Santa Ana Unified School District, Santa Ana College and others are not subject to the City of Santa Ana’s agreement for solid waste services. These entities contract for solid waste services directly with service providers. ENVIRONMENTAL IMPACT Awarding a waste collection and hauling franchise contract is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301, 15307, 15308 and 15061(b)(3). Section 15301 of the CEQA State Guidelines for existing facilities consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. For this project, which involves a contract award for collection and hauling of solid waste, no modifications to any buildings or other facilities are being made. The waste collection service is already being provided and awarding the new Franchise Agreement to a different operator does not expand or materially change the current operation. This project meets the criteria set forth in Section 15301 of the CEQA State Guidelines. Section 15307 permits “actions taken by regulatory agencies as authorized by state law or local ordinance to assume the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the