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HomeMy WebLinkAboutAGENDA REPORT 1991 0320 CC REG ITEM 11BThe Honorable City Council March 14, 1991 Page 2 The City of Simi Valley regulates commercial hauling through a permit system; a maximum of 15 permits is issued at no charge to haulers. A hauler may purchase more than one permit, depending upon availability. Haulers are required to have a current business license, but there are no franchise fees. The County of Ventura is beginning negotiations with all residential and commercial haulers, and expects to have franchise agreements in place by July 1, 1991. Haulers will operate throughout the county's unincorporated area without zone restrictions, and franchise fees have yet to be determined. Commercial Recycling In order to eventually comply with AB939 waste reduction mandates, commercial recycling must be implemented. Several Moorpark businesses are already participating in recycling programs with local haulers and with companies that provide only recycling services. Items currently being recycled include California redemption materials, paper, scrap metal and used motor oil. Commercial recycling presents difficulties in terms of space availability. Current regulations require that refuse containers be screened by concrete walls, and most existing enclosures are just large enough for the bins required for disposal. City staff has developed informal policies to require future commercial developments to provide additional space for recycling activities through the conditioning process, but retrofitting current refuse enclosures will take some time. In addition, staff is uncertain of the recyclable waste stream produced by commercial (excluding apartment and condominum complexes) and industrial sectors. A study to determine Moorpark's commercial and industrial waste stream is currently underway and results should be available in the near future. This information will assist staff in designing commercial and industrial recycling programs. Draft Franchise Agreement The Budget and Finance Committee has reviewed a draft commercial franchise agreement. The proposal will be in accordance with the City's Municipal Solid Waste ordinance and will contain relevant sections (e.g., insurance, bonding, reporting, etc.) from the recently executed residential franchise agreements. The commercial franchise agreements are directed at companies that collect, haul and dispose of rubbish in landfills on an ongoing or temporary basis. The City may also want to regulate those companies that provide only recycling services to businesses. For AB939 The Honorable City Council March 14, 1991 Page 3 reporting, the City will need statistics on all diverted and disposed material. The following major components are included in the draft agreement. 1. Number of Franchises A maximum of four franchises will be offered for collection, transportation and disposal of refuse on an ongoing (once per week or more) basis. These franchises will include the ability to service the previously referenced special services. An unlimited number of franchises will be offered for collection, transportation, and disposal of refuse on a temporary basis. A grantee's parent, subbsidiary, or affilitate company is prohibited from receiving a commercial franchise. At this time, haulers who collect only recyclables will not be franchised. Staff will continue to monitor their activities and may return to the City Council at a later time with a recommendation. 2. Length of Term The term for ongoing service agreements shall be three years. Nine months prior to the end of the agreement, the grantee may apply for an extension. The term for temporary service agreements shall be one year. 3. Costs Haulers who receive a franchise for ongoing service shall pay $4000 to the City for the cost of preparing the agreement. (Any hauler receiving a franchise for ongoing service after December 1991 shall pay $8000). Haulers who receive a franchise for temporary service shall pay 500 to the City. 4. Franchise Fee A franchise fee of 10 percent (payable quarterly) shall be due from all haulers. 5. Zones All haulers will operate city -wide, exclusive of any zone system to maximize competition. 6. Rates The City will set maximum rates for commercial hauling, to be in effect for the term of the agreement. Haulers are not prohibited from negotiating lower rates with customers. The Honorable City Council March 14, 1991 Page 4 7. Reporting Requirements Haulers will be required to maintain statistics and provide information relative to AB939 requirements on City- designed forms; 8. Commercial Recycling A recycling program shall begin at multi - family locations no later than 180 days after the execution of the agreement. A recycling program shall begin at other commercial locations no sooner than 180 days but no later than 365 days after the execution of the agreement at the City's sole determination. This time is needed for staff and the refuse haulers to determine which materials will be collected and the method of collection. Staff Recommendations 1. Concur with proposed commercial franchise agreement outline. 2. Direct staff to prepare the commercial refuse franchise agreement. 3. Direct the Budget and Finance Committee to review the commercial refuse franchise agreement and to return to the Council with recommendations for awarding a maximum of four 4) commercial franchises consistent with this report. commerco