Ordinance No. 1289ORDINANCE NO. 1289
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON GRANTING AMENDMENT NO. 1 TO NONEXCLUSIVE
FRANCHISE AGREEMENTS FOR COMMERCIAL SOLID WASTE
COLLECTION FOR ORGANIC WASTE SERVICE AND RESIDENTIAL
SERVICES
SECTION 1. Recitals.
A. The City of Vernon (City) is a municipal corporation and a chartered city of the
State of California organized and existing under its Charter and the Constitution
of the State of California.
B. The City Council of the City of Vernon is authorized by City Charter Section 8.9
to grant a franchise in the City of Vernon to any person, firm, corporation, or
other entity and to set terms, conditions, restrictions and limitations by
ordinance.
C. Effective January 1, 2015, the City Council entered into Nonexclusive Franchise
Agreements for Commercial Solid Waste Collection with various haulers.
D. On February 1, 2022, the City Council adopted Ordinance No. 1278, adding
Chapter 8.14 to the Vernon Municipal Code to implement the requirements of
Senate Bill 1383, the Short-Lived Climate Pollutants Bill of 2016, and regulate
organic waste disposal reduction.
E. In order to incorporate the provisions of Municipal Code Chapter 8.14 in the
City’s existing nonexclusive solid waste franchise agreements, Amendment No.
1 is necessary.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and
determines that the above recitals are true and correct and are a substantial part of
this ordinance.
SECTION 3. The City Council of the City of Vernon hereby grants Amendment
No. 1 to the Nonexclusive Franchise Agreements for Commercial Solid Waste
Collection with existing franchisees: AAA Rubbish, Inc; AM Disposal, Inc.; American
Reclamation, Inc.; Athens Disposal Company, Inc.; Consolidated Disposal Services,
LLC DBA Republic Services; CR&R Incorporation; GB Rubbish & Rolloff Services;
Haul-Away Rubbish Company, Inc.; Key Disposal Company, Inc.; Nasa Services, Inc.;
Serv-Wel; Universal Waste Systems, Inc.; Valley Vista Services; Ware Disposal
Company, Inc.; Waste & Recycling Systems, Inc.; and Waste Management of
California, Inc., in substantially the same form as attached as Exhibit A.
SECTION 4. Any ordinance or parts of an ordinance in conflict with this
ordinance are hereby repealed.
SECTION 5. Any provision of the Vernon Municipal Code or appendices
thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and no further, is repealed or modified to that extent necessary to
affect the provisions of this ordinance.
SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase,
or portion thereof, of this ordinance is declared by a court of competent jurisdiction to
be unconstitutional or otherwise invalid, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council hereby declares that it would
have adopted this ordinance, and each section, subsection, paragraph, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof,
be declared invalid or unconstitutional. To this end, the provisions of this ordinance
are declared to be severable.
SECTION 7. The City Clerk shall certify the adoption and publish this ordinance
as required by law.
SECTION 8. This ordinance shall become effective after the thirtieth day
following its adoption.
APPROVED AND ADOPTED December 20, 2022.
_____________________
LETICIA LOPEZ, Mayor
ATTEST:
________
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
_____________________________
ZAYNAH N. MOUSSA, City Attorney
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I CERTIFY THAT THE FOREGOING ORDINANCE NO. 1289 was passed and
adopted by the City Council of the City of Vernon at the regular meeting on December
20, 2022 by the following vote:
AYES: 4 Council Members: Merlo, Ybarra, Larios, Lopez
NOES: 0
ABSENT: 0
ABSTAIN: 0
________________________________
LISA POPE, City Clerk
(seal)
Ordinance No. 1289
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FIRST AMENDMENT TO NONEXCLUSIVE FRANCHISE
AGREEMENT FOR COMMERCIAL SOLID WASTE COLLECTION
BETWEEN THE CITY OF VERNON AND _________________ TO
PROVIDE FOR ORGANIC WASTE SERVICE AND RESIDENTIAL
SERVICES
This First Amendment to Nonexclusive Franchise Agreement for Commercial Solid Waste
Collection Between the City of Vernon and _________________ to provide for Organic Waste
Services and Residential Services (“First Amendment”) is entered into this ___ day of
____________, 20__ by and between the City of Vernon, a California charter city and municipal
corporation (“City”) and ____________________ (“Franchisee”).
RECITALS
WHEREAS, on or about _________, 20__, the City and Franchisee entered into
Nonexclusive Franchise Agreement for Commercial Solid Waste Collection (“Agreement”); and,
WHEREAS, the State of California has found and declared that the amount of Solid
Waste generated in California, coupled with diminishing disposal capacity and interest in
minimizing potential environmental impacts from landfilling and the need to conserve natural
resources, have created an urgent need for State and local agencies to enact and implement
aggressive integrated waste management programs. The State has, through enactment of the
California Integrated Waste Management Act of 1989 (AB 939) (California Public Resources
Code Section 40000, et seq.) and subsequent related legislation including, but not limited to: the
Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB
2176), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial
Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016
(SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction
in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and
composting options in order to reduce the amount of material that must be disposed; and,
WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, Generators,
haulers, solid waste facilities, and other entities to support achievement of State-wide organic
waste disposal reduction targets; and
WHEREAS, regulations implementing SB 1383 require the City to implement Collection
programs, meet processing facility requirements, conduct contamination monitoring, provide
education, maintain records, submit reports, monitor compliance, conduct enforcement, and
fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to the
Franchisee, acting as the City’s designee, and Franchisee desires to take on these responsibilities;
and
WHEREAS, City and Franchisee desire to amend the Agreement to provide for organic
waste services for commercial and residential premises as set forth herein.
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OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties
do hereby enter into this First Amendment as follows:
1.DEFINED TERMS.
1.1 Section 2 (Definitions) of the Agreement is amended to add or amend, as
applicable, the following definitions:
“Back-Haul” means generating and transporting Organic Waste to a destination owned
and operated by the Generator using the Generator’s own employees and equipment, or as
otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Blue Container or Lid” has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials
(SSBCOW). A Blue Container can come in the form of a Cart, Bin, or Rolloff.
“California Code of Regulations” or “CCR” means the State of California Code of
Regulations. CCR references in this Agreement are preceded with a number that refers to the
relevant Title of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division 7,
Chapter 12 of the California Code of Regulations).
“CalRecycle” means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing, and
enforcing SB 1383 Regulations on jurisdictions and other regulated entities.
“City Code” means the Municipal Code and ordinances of the City of Vernon.
"Collect" or "Collection" or “Collected” shall mean to take physical possession of,
transport, and remove Solid Waste from a Premises.
"Container" means any and all types of Solid Waste receptacles, including Blue
Containers, Grey Containers, and/or Green Containers, as well as all Carts and Bins, and Rolloff
Boxes.
“Commercial business” or “commercial” means a firm, partnership, proprietorship,
joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall,
industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR
Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is
not a commercial business for purposes of implementing this chapter.”
“Commercial Edible Food Generators” includes Tier One Commercial Edible Food
Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14
CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and
Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified
by 14 CCR Section 18982(a)(7).
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“Compostable Plastics” or “Compostable Plastic” means plastic materials that meet
the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section
18984.1(a)(1)(A) or 18984.2(a)(1)(C).
“Diversion (or any variation thereof including “Divert”)” means activities which reduce
or eliminate Discarded Materials from Disposal, including, but not limited to, source reduction,
Reuse, salvage, Recycling, and composting.
“Edible Food” means food intended for human consumption. For the purposes of this
Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this
Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety
requirements of the California Retail Food Code. If the definition in 14 CCR Section
18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section
18982(a)(18) shall apply to this Agreement.
“Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste,
Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste,
and toxic substances or material that Facility operator(s) reasonably believe(s) would, as a result
of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal
law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be
Disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in
Franchisee’s reasonable opinion would present a significant risk to human health or the
environment, cause a nuisance or otherwise create or expose Franchisee or City to potential
liability; but not including de minimis volumes or concentrations of waste of a type and amount
normally found in Single-Family or Multi-Family Solid Waste after implementation of programs
for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in
compliance with Sections 41500 and 41802 of the California Public Resources Code.
“Facility” or “System Facility” or “Solid Waste Facility” means a Solid Waste
Facility, as defined in Public Resources Code section 40194, that for the purposes of this
Agreement is designated by the City to be used by the Franchisee for the processing, recovery
and/or disposal of Solid Waste, including Recyclable Materials and Organic Waste.
“Food Recovery” means actions to collect and distribute food for human consumption
which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food Recovery Organization” means an entity that primarily engages in the collection
or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible
Food to the public for Food Recovery either directly or through other entities, including, but not
limited to:
A. A food bank as defined in Section 113783 of the Health and Safety Code;
B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety
code; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health
and Safety Code.
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs
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from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this
Agreement.
“Food Recovery Service” means a Person or entity that collects and transports Edible
Food from a Commercial Edible Food Generator to a Food Recovery Organization or other
entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26).
“Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat,
poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. [Food Scraps
excludes fats, oils, and grease when such materials are Source Separated from other Food
Scraps.]
“Food-Soiled Paper” means compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins,
pizza boxes, and milk cartons.
“Food Waste” means Source Separated Food Scraps, Food-Soiled Paper, and
Compostable Plastics. Food Waste is a subset of SSGCOW. Edible Food separated for Food
Recovery shall not be considered Food Waste.
“Generator” means the owner or occupant of any Premises, including Commercial
Premises, Single-family Residential Premises, Multifamily Residential, which initially produces
Solid Waste, including Recyclable Materials and Organic Waste.
“Gray Container or Lid” has the same meaning as in 14 CCR Section 18982(a)(28) and
shall be used for the purpose of storage and Collection of Gray Container Waste. A Gray Container
can come in the form of a Cart, Bin, or Rolloff.
“Gray Container Waste” means Solid Waste that is Collected in a Gray Container as
specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section
17402(a)(6.5). [Gray Container Waste may specifically include carpet, and textiles.]
“Green Container or Lid” has the same meaning as in 14 CCR Section 18982.2(a)(29)
and shall be used for the purpose of storage and Collection of Source Separated Green Container
Organic Waste (SSGCOW). A Green Container can come in the form of a Cart, Bin, or Rolloff.
“Hauler Route(s)” means the designated itinerary or sequence of stops for each segment
of the City’s Collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
“High Diversion Organic Waste Processing Facility” means a High Diversion Organic
Waste Processing Facility as defined in 14 CCR Section 18982(a)(33).
“Large Event” means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an average
of more than 2,000 individuals per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street
system, or other open space when being used for an event. If the definition in 14 CCR Section
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18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall
apply to this Agreement.
“Large Venue” means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of operation of
the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue
facility includes, but is not limited to, a public, nonprofit, or privately owned or operated
stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium,
airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other
public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a
site under common ownership or control that includes more than one Large Venue that is
contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14
CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section
18982(a)(39) shall apply to this Agreement.
“Mixed Waste” means Mixed Waste Organic Collection Stream and Solid Waste
Collected in a Container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be
Transported to a High Diversion Organic Waste Processing Facility.
“Mixed Waste Organic Waste Collection Stream” means Organic Waste Collected in
a Container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be Transported
to a High Diversion Organic Waste Processing Facility, or as otherwise defined in 14 CCR
Section 17402(a)(11.5).
“Multifamily residential dwelling” or “multifamily” means of, from, or pertaining to
residential premises with five or more dwelling units. Multifamily premises do not include
hotels, motels, or other transient occupancy facilities, which are considered commercial
businesses.
“Non-Compostable Paper” includes, but is not limited to, paper that is coated in a
plastic material that will not breakdown in the composting process, or as otherwise defined in 14
CCR Section 18982(a)(41).
“Non-organic recyclables” or “Recyclable Material” means non-putrescible and non-
hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and
glass, or as otherwise defined in 14 CCR Section 18982(a)(43). Non-Organic Recyclables are a
subset of Source Separated Recyclable Materials.
“Organic Waste” means Solid Wastes containing material originated from living
organisms and their metabolic waste products including, but not limited to, food, Yard
Trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing
Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section
18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR
Section 18982(a)(16.5), respectively.
“Paper Products” include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as
otherwise defined in 14 CCR Section 18982(a)(51).
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“Performance-based Compliance Approach” means the method of complying with the
SB 1383 Regulations through implementation of a Collection system, programs, and policies in
accordance with 14 CCR, Division 7, Chapter 12, Article 17, or as otherwise defined by
18982(a)(52.5), and all associated requirements.
“Printing and Writing Papers” include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila
envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers,
posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise
defined in 14 CCR Section 18982(a)(54).
“Process” or “Processing” means the controlled separation, recovery, volume reduction,
conversion, or Recycling of Solid Waste including, but not limited to, organized, manual,
automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of
recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction
equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).
“Prohibited Container Contaminants” means the following in the context of the three-
container system: (i) Discarded Materials placed in the Blue Container that are not identified as
acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) Discarded
Materials placed in the Green Container that are not identified as acceptable SSGCOW for the
City’s Green Container; (iii) Discarded Materials placed in the Gray Container that are
acceptable Source Separated Recyclable Materials and/or SSGCOW to be placed in City’s Green
Container and/or Blue Container; and (iv) Excluded Waste placed in any Container.
“Prohibited Container Contaminants” means the following in the context of the two-
container system: (i) Discarded Materials placed in the Blue Container that are not identified as
acceptable Source Separated Recyclable Materials for Jurisdiction’s Blue Container; (ii)
Discarded Materials placed in the Gray Container that are identified as acceptable Source
Separated Recyclable Materials, which are to be separately Collected in Jurisdiction’s Blue
Container; and, (iii) Excluded Waste placed in any Container.
“Rate Sheet” means a document prepared by a Franchisee listing the fees and costs
charged to a Generator for the provision of solid waste handling services by the Franchisee. The
Rate Sheet shall include all fees and costs associated with the two-container program, three-
container program (if available), and any additional services offered by the Franchisee to
Generators within the City, including, but not limited to, bulky items services, construction and
demolition clean up services, container replacement, and special services.
“Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, treating,
and reconfiguring materials for the purpose of returning them to the economic mainstream in the
form of raw material for new, Reused, or reconstituted products that meet the quality standards
necessary to be used in the marketplace. Recycling includes processes deemed to constitute a
reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling
does not include gasification or transformation as defined in Public Resources Code Section
40201.
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“Reuse” or any variation thereof, means the use, in the same, or similar, form as it was
produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR
Section 17402.5(b)(2).
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety
Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the
Public Resources Code, establishing methane emissions reduction targets in a statewide effort to
reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and
replaced from time to time.
“SB 1383 Regulations” or “SB 1383 Regulatory” refers to the Short-Lived Climate
Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted
in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of
14 CCR and 27 CCR.
“Service Level” refers to the number and size of a Generator’s Container(s) and the
frequency of Collection service, as well as ancillary services such as lock/unlock service,
Container push/pull service, etc.
“Single-family” means of, from, or pertaining to any residential premises with fewer than
five units.
“Solid Waste” has the same meaning as defined in PRC Section 40191, which defines
Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including
garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction
wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances,
dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure,
vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes,
with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in PRC Section 40141.
(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8
(commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part
14, commencing with Section 117600, of Division 104 of the Health and Safety Code).
Untreated medical waste shall not be disposed of in a solid waste Landfill, as defined in PRC
Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be
regulated pursuant to PRC, Division 30.
As used in this Agreement, Solid Waste includes Organic Waste and Recyclable
Materials, unless the context clearly indicates otherwise.
“Source Separated” means materials, including commingled Recyclable materials, that
have been separated or kept separate from the Solid Waste stream, at the point of generation, for
the purpose of additional sorting or Processing those materials for Recycling or Reuse in order to
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return them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products which meet the quality standards necessary to be used in the marketplace,
or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement,
Source Separated shall include separation of materials by the Generator, Property Owner, Property
Owner’s employee, property manager, or property manager’s employee into different Containers
for the purpose of Collection such that Source Separated materials are separated from Gray
Container Waste and other Solid Waste for the purposes of Collection and Processing.
“Source Separated Blue Container Organic Waste” or “SSBCOW” means Source
Separated Organic Wastes that can be placed in a Blue Container that is limited to the Collection
of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as
otherwise defined by Section 17402(a)(18.7).
“Source Separated Green Container Organic Waste” or “SSGCOW” means Source
Separated Organic Waste that can be placed in a Green Container that is specifically intended for
the separate Collection of Organic Waste by the Generator, excluding Source Separated Blue
Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
“Source Separated Recyclable Materials” means Source Separated Non-Organic
Recyclables and SSBCOW.
“Source Separated Recyclable Materials Processing Facility” means the Facility, that
is a Source Separated Recyclable Materials Processing Facility and was Franchisee selected and
Jurisdiction approved.
“Standard Compliance Approach” means the method for complying with the SB 1383
Regulations through implementation of a Collection system pursuant to 14 CCR, Division 7,
Chapter 12, Article 3, and all associated program and policy requirements.
“Three (3) Container Collection Program” means the Collection of solid waste, source
separated recyclable materials and organic waste as defined in this Amendment shall be
Collected in three separate containers and delivered to the appropriate facilities for processing.
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food
Generator that is one of the following, each as defined in 14 CCR Section 18982:
A. Supermarket.
B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
C. Food Service Provider.
D. Food Distributor.
E. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator
differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this
Agreement.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food
Generator that is one of the following, each as defined in 14 CCR Section 18982:
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A. Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet.
B. Hotel with an on-site food facility and 200 or more rooms.
C. Health facility with an on-site food facility and 100 or more beds.
D. Large Venue.
E. Large Event.
F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size
equal to or greater than 5,000 square feet.
G. A local education agency with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator
differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this
Agreement.
“Transfer” means the act of transferring Discarded Materials Collected by Contractor
from Contractor’s Collection vehicles into larger vehicles at a Transfer Facility for Transport to
other Facilities for Processing or Disposing of such materials. Transfer allows for removal of
materials excluded or prohibited from handling at the Transfer Facility (e.g., removal of Hazardous
Waste).
“Transfer Facility” means the Facility that is a Transfer Facility and was Contractor
selected and Jurisdiction approved.
“Two (2) Container Collection Program” means the Collection of solid waste and
organics in one container and source separated recyclable materials in one container thereby
creating a two container system. The waste and organics container is required to be processed at
a High Diversion Organic Waste Processing Facility as defined in 14 CCR Section 18982(a)
(33).
“Yard Trimmings” means types of SSGCOW resulting from normal yard and
landscaping installation, maintenance, or removal that the Generators Source Separate and set out
in Green Containers for Collection for the purpose of Processing by the Franchisee.
2. REPLACEMENT OF TERMS.
2.1 Section 2 (Definitions) of the Agreement is amended to delete the definition of
“Special Waste.” All references to “Special Waste” in the Agreement shall be replaced with the
term “Excluded Waste.” The term “Excluded Waste” is defined in Section 1.1 of this First
Amendment.
2.2 All references to “Large Residential” in the Agreement shall be replaced with
“multifamily.” The term “multifamily” is defined in Section 1.1 of this First Amendment.
2.3 All references to “green waste” or “food waste” in the Agreement shall be
replaced with “Organic Waste.” The term “Organic Waste” is defined in Section 1.1 of this First
Amendment.
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3. GRANT OF NONEXCLUSIVE FRANCHISE FOR SOLID WASTE HANDLING
SERVICES. The heading of Section 3 and the body of Section 3.1.1 of the Agreement is
amended and restated in its entirety as set forth below. All other provisions of Section 3 shall
remain unchanged.
“GRANT OF NONEXCLUSIVE FRANCHISE FOR SOLID
WASTE HANDLING SERVICES AND FOR PROVIDING
TEMPORARY SOLID WASTE HANDLING SERVICE
3.1 Scope of Franchise
3.1.1 General Grant.
City hereby grants to Franchisee and Franchisee hereby accepts from City, for the
Term, the nonexclusive contract, right, and privilege to Collect, transport, and dispose of
Solid Waste generated or accumulated within the Franchise Area. The rights granted
pertain to: (1) Solid Waste Handling Services occurring on a regular schedule (such as
weekly service) at any Premises in the City, including, Commercial Premises,
Multifamily Residential Premises, and Single-family Residential Premises, and (2)
Temporary Services, including the Collection of Construction and Demolition Debris, at
any Premises in the City. The nonexclusive franchise, right and privilege to provide Solid
Waste Handling Services within City granted to Franchisee by this Agreement shall be
interpreted to be consistent with all applicable state and federal laws. In the event that
future interpretations of current law or future enactments limit the ability of City to
lawfully grant Franchisee the scope of services as specifically set forth, Franchisee agrees
that the scope of this Agreement will be limited to those services and materials which
may be lawfully provided, and that City shall not be responsible for any lost profits
claimed by Franchisee as a result thereof.
4. SOLID WASTE HANDLING SERVICES PROVIDED BY FRANCHISEE.
4.1 Subsection 7.4.5 is added to Section 7 (Solid Waste Handling Services Provided
by Franchisee) of the Agreement to read as follows:
“Franchisee agrees to coordinate and cooperate with the City to meet its Organic Waste
produce procurement target, as required by SB 1383 Regulations, with respect to the Organic
Waste Collected by Franchisee under this Agreement. Franchisee shall identify the Facilities to
which they will transport Organic Waste, and provide written notice to the City of those on or
before July 1 each year during the term of the Agreement, as required by the SB 1383
Regulations”
5. FRANCHISEE’S CONTAINERS. A subsection 7.1.5(H) is added to Section 7.1.5
(Franchisee’s Containers) to read as follows:
“On or before January 1, 2024, Franchisee shall provide all Generators with a sufficient
number of Containers to comply with the two-Container Collection Program (or three-container
Collection program if requested by the Generator), and/or shall place a label on the body or lid of
each Container that has been provided to a Generator that includes language or graphic images, or
Ordinance No. 1289
Page 13 of 22
___________________
both, that indicate the primary materials accepted and the primary materials prohibited in that
container. Labels shall clearly indicate items that are Prohibited Container Contaminants for each
container. Prior to ordering labels for containers, Franchisee shall submit a copy of its proposed
label, proposed location(s) for placement of labels on each type of container, and its labeling plan
to the City for approval. In compliance with this subsection, Franchisee shall use the Franchisee-
provided Collection containers that are currently located at Generators’ premises as of the
Effective Date or provide Generators with Collection containers from Franchisee’s current
inventory. Franchisee shall use all reasonable efforts to begin complying with these requirements
starting January 1, 2023.
No later than January 1, 2036, Franchisee shall provide all Generators with Collection
containers that comply with the container color requirements specified in this Agreement or as
otherwise specified in the SB 1383 Regulations. If an existing container breaks or is otherwise
rendered non-functional on or after January 1, 2024, the Franchisee shall replace the non-
functional container with a container that complies with the color requirements of the SB 1383
Regulations. Notwithstanding this paragraph, the Franchisee is not required to replace functional
containers, including containers purchased prior to January 1, 2024 that do not comply with the
color requirements of this Agreement prior to the end of the useful life of those containers, or
prior to January 1, 2036, whichever comes first.
6. ORGANIC WASTE SERVICES. In addition to the terms and provisions of the
Agreement, Franchisee shall comply with the terms and provisions and provide the services set
forth in Exhibit “A,” attached hereto and incorporated herein.
7. SOLID WASTE HANDLING SERVICES RATES. Within 30 days of the effective date
of this Agreement, Franchisee shall provide the City with a copy of its Rate Sheet. Franchisee
shall also provide the City with a copy of its Rate Sheet within 15 days of any amendment or
change to the Rate Sheet. The City may request a copy of the Rate sheet from the Franchisee at
any time, and Franchisee shall provide a copy of the Rate Sheet to the City within 15 days.
8. HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY RATES. If
Franchisee operates a High Diversion Organic Waste Processing Facility that it intends to utilize
for the processing of mixed waste Collected within the City, upon request of the City, Franchisee
shall provide the City with records sufficient to show the rates and fees charged by the Franchisee
for the processing of mixed waste from third parties at the High Diversion Organic Waste
Processing Facility.
9. INDEMNIFICATION. A new paragraph (B) is added to Section 22 (Indemnification) of
the Agreement to read as follows:
(B) Franchisee’s duty to defend and indemnify herein includes payment of all fines
and/or penalties imposed by CalRecycle, subject to the restrictions set forth in Public Resources
Code Section 40059.1, if the City is unable to meet the diversion requirements of AB 939, AB
341, AB 1826, and/or SB 1383 and corresponding regulations, as determined by CalRecycle,
with respect to Solid Waste Collected under this Agreement by Franchisee, and to the extent
such failure is: (i) caused by the failure of Franchisee to meet its obligations under this
Agreement, or, (ii) caused by Franchisee delays in providing information that prevents
Ordinance No. 1289
Page 14 of 22
___________________
Franchisee or City from submitting reports required by AB 939, AB 341, AB 1826, and/or SB
1383 and corresponding regulations in a timely manner. The foregoing indemnity is expressly
conditioned upon the City’s implementation of required programs or activities, as required by the
Applicable Law or as requested by the Franchisee, which are within the City’s authority and
ability to implement and which would be effective as a means to increase diversion and maintain
compliance with State regulations. The provisions of this paragraph shall survive the termination
or expiration of this Agreement.
10. CONFLICTING TERMS. In the event of a conflict between the terms and provisions of
the Agreement and this Frist Amendment, the terms and provisions of this First Amendment shall
prevail.
11. GENERAL PROVISIONS.
11.1 Remainder Unchanged. Except as specifically modified and amended in this First
Amendment, the Agreement remains in full force and effect and binding upon the
parties.
11.2 Integration. This First Amendment constitutes the entire understanding and
agreement of the parties and supersedes all negotiations or previous agreements
between the parties with respect to all or any part of the transaction discussed in
this First Amendment.
11.3 Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together
and shall constitute one agreement.
11.4 Effective Date. This First Amendment shall become effective upon execution by
the Parties.
11.5 Applicable Law. The laws of the State of California shall govern the interpretation
and enforcement of this First Amendment.
11.6 References. All references to the Agreement include all their respective terms and
provisions. All terms utilized in this First Amendment have the same meaning as
provided in the Agreement, unless expressly stated to the contrary in this First
Amendment. Any undefined terms utilized in this First Amendment shall have the
same meaning as provided in City Code section 8.14.010 or in the SB 1383
Regulations. In the event of a conflict between a term defined in the Agreement,
this First Amendment, the City Code, or the SB 1383 Regulations, the definitions
from these sources shall control in the following order: (1) SB 1383 Regulations;
(2) City Code Section 8.14.010; (3) First Amendment; (4) Agreement.
[Signatures Begin on Next Page].
Ordinance No. 1289
Page 15 of 22
___________________
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on
the date and year first-above written.
CITY OF VERNON, a California charter City
and California municipal corporation
___________________________ Date: _____________________
Carlos Fandino Jr.,
City Administrator
ATTEST:
___________________________
Lisa Pope, City Clerk
APPROVED AS TO FORM:
______________________________
Zaynah N. Moussa, City Attorney
FRANCHISEE: _____________________
By: By:
Its: _________________________________ Its: ________________________________
Date: ________________________________ Date: _______________________________
Ordinance No. 1289
Page 16 of 22
___________________
EXHIBIT A-1
PROVIDED SERVICES
I. Two-Container Collection Service (Gray/Blue) (City Code Requirement)
No later than January 1, 2024, Franchisee shall provide a two-Container Collection
program for all Generators for Collection of Source Separated Recyclable Materials and Mixed
Waste using containers that comply with the requirements of this Agreement, the City Code, and
SB 1383 Regulations. No later than January 1, 2024, Franchisee shall amend, as necessary, all
service agreements with Generators to provide for a two-Container Collection program as
required herein. Franchisee shall not knowingly Collect Blue or Gray Containers that include
Prohibited Container Contaminants. Franchisee shall use all reasonable efforts to begin
complying with these requirements starting January 1, 2023.
Contractor shall provide Blue Containers to Generators for the Collection of Source
Separated Recyclable Materials, and shall Transport the Source Separated Recyclable Materials
to (i) the Source Separated Recyclable Materials Processing Facility, or (ii) the Transfer Facility
for subsequent Transport to the Source Separated Recyclable Materials Processing Facility, in
compliance with SB 1383 Regulations.
Contractor shall provide Gray Containers to Generators for Collection of Mixed Waste,
and shall allow Generators to intentionally commingle all Mixed Waste, excluding Source
Separated Recyclable Materials, in the Gray Containers. Contractor shall Transport the contents
of the Gray Container to (i) the High Diversion Organic Waste Processing Facility, or (ii) the
Transfer Facility for subsequent Transfer and Transport to the High Diversion Organic Waste
Processing Facility, in compliance with SB 1383 Regulations. Prohibited Container
Contaminants shall not be Collected in the Gray Containers.
On or before July 1 of each year, Franchisee shall provide notice to City of the High
Diversion Organic Waste Processing Facility(ies) used by Franchisee, as well as any other
Facility used by the Franchisee for the processing of Solid Waste Collected within the City.
II. Three-Container Collection Program
A. General. Beginning January 1, 2023, only upon the request of a Generator,
Franchisee may provide a three-container Collection program for the separate Collection of Source
Separated Recyclable Materials, SSGCOW, and Gray Container Waste as specified in this
Agreement, using containers that comply with the requirements of this Agreement and SB 1383
Regulations. Franchisee shall not knowingly Collect Blue, Green, or Gray Containers that include
Prohibited Container Contaminants. On or before July 1 of each year, Franchisee shall provide
notice to City of any Facility used by the Franchisee for the processing of Solid Waste Collected
within the City.
The City will consider Franchisees provision of a three-container Collection program at
the request of a Generator to be in compliance with Sections 8.14.020 and 8.14.030 of the City
Code.
B. Source Separated Recyclable Materials Collection (Blue Container or Lid).
Franchisee shall provide Blue Containers to Generators for Collection of Source Separated
Ordinance No. 1289
Page 17 of 22
___________________
Recyclable Materials and shall provide Source Separated Recyclable Materials Collection service,
Franchisee shall transport the Source Separated Recyclable Materials to a Facility that recovers
the materials designated for Collection, in accordance with SB 1383 Regulations.
Source Separated Recyclable Materials that are to be accepted for Collection in the
Source Separated Recyclable Materials Collection program include the following: (i) Non-
Organic Recyclables such as: aluminum, glass bottles and jars, rigid plastics (marked # 1 through
# 7), tin and bi-metal cans; and (ii) SSBCOW such as: Paper Products, Printing and Writing
Papers, wood and dry lumber.
C. SSGCOW Collection (Green Container or Lid). Franchisee shall provide Green
Containers to Generators for Collection of SSGCOW and shall provide SSGCOW Collection
service. Franchisee shall transport the SSGCOW to a Facility in accordance with SB 1383
Regulations.
SSGCOW that are to be accepted for Collection in the SSGCOW Collection program
include the following: Food Scraps; Food-Soiled Paper; Yard Trimmings, and Compostable
Plastics. Carpets, Non-Compostable Paper, textiles, and Prohibited Container Contaminants shall
not be Collected in the Green Containers. Yard Trimmings that are to be accepted for Collection
in the SSGCOW Collection program include the following: green trimmings, grass, weeds,
flowers, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees weighing no
more than 50lbs, and other types of SSGCOW resulting from normal yard and landscaping
installation, maintenance, or removal, provided all SSGCOW fits inside the Green Container with
the lid closed and does not exceed 150 pounds.
Franchisee may Collect compliant Compostable Plastics in the Green Containers for
Processing. At least two (2) months prior to the commencement of the Collection of Compostable
Plastics in the SSGCOW program, Franchisee shall provide written notification to the City whether
the Facility can or cannot Process and recover these Compostable Plastics in accordance with SB
1383 Regulations. If the Facility can process and recover Compostable Plastics, and Franchisee
elects to Collect Compostable Plastics in the Green Container, then Franchisee shall provide
annual written notification to the City that the Facility has and will continue to have the capabilities
to Process and recover the Compostable Plastics. If the Facility cannot process and recover
Compostable Plastics, then Franchisee will not Collect Compostable Plastics in the Green
Container. It is also understood that Franchisee proposes to process the City’s organics through its
Anaerobic Digester Facility (AD). AD Facilities do not accept compostable plastics at the current
time.
Franchisee may require Generators to place Food Waste in plastic bags or other wrappings
and put the bagged or wrapped Food Waste in the Green Container. At least two (2) months prior
to the commencement of the use of plastic bags for the Food Waste program, Franchisee shall
provide written notification to the City that allowing the use of bags does not inhibit the ability of
the City to comply with SB 1383 Regulations, and that the Facility can Process and remove plastic
bags when it recovers SSGCOW. Franchisee shall provide annual written notification to the City
that the Facility has and will continue to have the capabilities to Process and remove plastic bags
when it recovers SSGCOW. It is also understood that Franchisee may propose to process the City’s
organics through its Anaerobic Digester Facility (AD). AD Facilities do not accept plastic bags or
other wrappings at the current time.
Ordinance No. 1289
Page 18 of 22
___________________
D. Gray Container Waste Collection. Franchisee shall provide Gray Containers or
Lids to Generators for Collection of Gray Container Waste and shall provide Gray Container
Waste Collection service. Franchisee shall transport the Gray Container Waste to a Facility in
accordance with the SB 1383 Regulations. Franchisee may allow carpets, and textiles to be placed
in the Gray Containers. Prohibited Container Contaminants shall not be Collected in the Gray
Containers.
III. Contamination Monitoring
A. Franchisee shall meet its contamination monitoring requirements commencing
January 1, 2024, using either Route Reviews or Waste Evaluations in accordance with SB 1383
Regulations. Franchisee shall use all reasonable efforts to begin complying with these
requirements starting January 1, 2023.
B. Route Reviews.
Franchisee shall meet its SB 1383 Regulations contamination monitoring requirements
commencing January 1, 2024, with respect to Solid Waste Collected by Franchisee using route
reviews as outlined herein:
1. Franchisee shall conduct Hauler Route reviews for Prohibited Container
Contaminants in Collection Containers in a manner that is deemed safe by the Franchisee; is
approved by the City; is conducted in a manner that results in all Hauler Routes being reviewed
annually, and is consistent and in accordance with SB 1383 Regulations. Containers may be
randomly selected along the Hauler Route. This Section should not be construed to require that
every container on a Hauler Route must be sampled annually.
2. Upon finding Prohibited Container Contaminants in the container, Franchisee shall
follow the contamination monitoring noticing procedures paragraph D.3 of this Section II.
3. Franchisee shall maintain all applicable records required under SB 1383
Regulations, and report to the City on a quarterly basis on contamination monitoring activities,
route reviews and/or waste evaluations, and actions taken.
4. Notwithstanding the foregoing, this Section III shall not prohibit Franchisee from
meeting its compliance requirements by any alternative methods or procedures, provided it
complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be
amended from time to time.
C. Waste Evaluations
Alternatively, if Franchisee elects to perform Waste Evaluations (or is required to
perform Waste Evaluations as required herein), Franchisee shall, conduct waste evaluations that
comply with and meet the requirements of 14 CCR Section 18984.5(c). The City maintains the
right to observe, or hire a third party to observe, the waste evaluations.
Ordinance No. 1289
Page 19 of 22
___________________
1. Sampling Method, Study Protocols. The Franchisee shall conduct waste
evaluations for Prohibited Container Contaminants by sampling the contents of Containers on
Hauler Routes in the following manner:
a. If using a Standard Compliance Approach, Franchisee shall conduct waste
evaluations at least twice per year and in two distinct seasons of the year in a manner that
complies with the requirements of 14 CCR section 18984.5(c). If using a Performance-
based Compliance Approach, Franchisee shall conduct waste evaluations at least twice per
year for the Blue and Green Containers and at least once per quarter for the Gray
Containers.
b. The Franchisee’s waste evaluations shall include samples of Source
Separated Recyclable Materials, SSGCOW, and Gray Container Waste.
c. The waste evaluations shall include samples from each Container type
served by the Franchisee and shall include samples taken from different areas in the City
that are representative of the City’s waste stream.
d. The waste evaluations shall include at least the minimum number of
samples specified in SB 1383 Regulations.
e. The Franchisee shall Transport all of the material Collected for sampling to
a sorting area at a permitted solid waste Facility where the presence of Prohibited Container
Contaminants for each Container type shall be measured to determine the ratio of
Prohibited Container Contaminants present in each material stream by weight. To
determine the ratio of Prohibited Container Contaminants, the Franchisee shall use the
following protocol:
i. The Franchisee shall take one sample of at least a 200 pounds from
the material Collected from each material stream for sampling.
ii. The 200-pound sample shall be randomly selected from different
areas of the pile of Collected material for that material stream.
iii. For each 200-pound sample, the Franchisee shall remove any
Prohibited Container Contaminants and determine the weight of Prohibited
Container Contaminants.
iv. The Franchisee shall determine the ratio of Prohibited Container
Contaminants in the sample by dividing the total weight of Prohibited Container
Contaminants by the total weight of the sample.
2. Contamination Response. If the sampled weight of Prohibited Container
Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream,
the Franchisee shall:
a. If using a Performance-based Compliance Approach, notify the City within
fifteen (15) working days of the waste evaluation.
Ordinance No. 1289
Page 20 of 22
___________________
b. Within fifteen (15) working days of the waste evaluation, notify all
Generators on the sampled Hauler Route of their requirement to properly separate
materials into the appropriate Containers. The Franchisee may provide this information
by placing a written notice on the Generators’ Containers or the gate or door of the
Premises; and/or by mail, email, or electronic message to the Generators. The format of
the warning notice shall be approved by the City.
c. If using a Performance-based Compliance Approach, Franchisee shall allow
a representative of the City and/or CalRecycle to oversee its next scheduled quarterly
sampling of the Gray Containers, upon request.
3. Material Exceptions. If the Franchisee is using the Performance-based Compliance
Approach, Organic Waste that is textiles, carpet, hazardous wood waste, human waste, pet waste,
or material subject to a quarantine on movement issued by a County agricultural commissioner is
not required to be measured as Organic Waste when calculating the amount of Organic Waste
present in the Gray Container Waste.
D. Actions upon Identification of Prohibited Container Contaminants.
Upon finding Prohibited Container Contaminants in a Container, Franchisee shall follow
the protocols set forth in this Section.
1. Record Keeping. The driver or other Franchisee representative shall record each
event of identification of Prohibited Container Contaminants in a written log or in the on-board
computer system including date, time, Generator’s address, type of container (Blue, Green, or Gray
Container).
2. Courtesy Pick-Up Notices. Upon identification of Prohibited Container
Contaminants in a Generator’s container, Franchisee shall provide the Generator a courtesy pick-
up notice. The courtesy pick-up notification shall: (i) inform the Generator of the observed
presence of Prohibited Container Contaminants; (ii) include the date and time the Prohibited
Container Contaminants were observed; (iii) include information on the Generator’s requirement
to properly separate materials into the appropriate containers, and the accepted and prohibited
materials for Collection in the Blue Container, Green Container, and/or Gray Container; (iv)
inform the Generator of the courtesy pick-up of the contaminated materials on this occasion with
information that following three consecutive instances of Prohibited Container Contaminants
within a six-month time period, Franchisee may assess contamination Processing fees. Franchisee
shall leave the courtesy pick-up notice attached to or adhered to the Generator’s contaminated
containers; at the Premises’ door or gate; or, subject to City’s approval, may deliver the notice by
mail, e-mail, text message, or other electronic message.
3. Notice of Assessment of Contamination Processing Fees. If the Franchisee
observes Prohibited Container Contaminants in a Generator’s Container on more than three
consecutive occasions within a six-month time period, and issued courtesy pick-up notices on each
of those occasions, the Franchisee may impose a contamination Processing fee. Franchisee shall
notify the City in its quarterly report of Generators for which contamination Processing fees were
assessed. Franchisee shall leave a contamination Processing fee notice attached to or adhered to
Ordinance No. 1289
Page 21 of 22
___________________
the Generators’ contaminated containers; at the Premises’ door or gate; or, subject to City’s
approval, may deliver the notice by mail, e-mail, text message, or other electronic message. The
contamination Processing fee notice shall describe the specific material(s) of issue, explain how
to correct future set outs, and indicate that the Generator will be charged a contamination
Processing fee on its next bill. The format of the contamination Processing fee notice shall be
approved by the City.
E. Disposal of Contaminated Materials. If the Franchisee observes Prohibited
Container Contaminants in a Generator’s Container(s), Franchisee may dispose of the Container’s
contents, provided Franchisee complies with the noticing requirements in subsection D(3) above.
IV. Education and Outreach
A. The City shall, at its sole expense, create all applicable education materials and conduct all
education programs and activities as provided by and in accordance with the SB 1383 Regulations.
Franchisee shall cooperate and coordinate with the City on public education activities with respect
to Generators serviced by Franchisee. Franchisee’s obligation to cooperate and coordinate with
the City on public education activities shall include, but not be limited to, the distribution of City-
approved education and outreach materials to the Generators serviced by Franchisee.
V. Inspections and Enforcement
Beginning January 1, 2024 Franchisee shall assist the City with and/or conduct applicable
inspections and enforcement as required by SB 1383 Regulations, to the extent delegable, and to
the extent the Generator is serviced by Franchisee. Franchisee shall maintain all applicable records
from inspection and enforcement in accordance with SB 1383 Regulations. Franchisee shall use
all reasonable efforts to begin complying with these requirements starting January 1, 2023.
VI. Generator Waiver Program Coordination
A. General. In accordance with SB 1383 Regulations and the City Code, the City may
grant waivers (de minimis, physical space or Collection frequency) to Generators that impact the
scope of Franchisee’s provision of service for those Generators. Waivers issued shall be subject to
compliance with SB 1383 Regulatory requirements, pursuant to 14 CCR Section 18984.11.
B. Franchisee Change in Generators’ Service Levels. When the City grants a
waiver to a Generator, the City shall notify the Franchisee within fifteen (15) working days of the
waiver approval with information on the Generator and any changes to the service level or
Collection service requirements for the Generator. Franchisee shall have ten (10 working days to
modify the Generator’s service level and billing statement, as needed.
C. Franchisee Recordkeeping of Generators Granted Waivers. Upon Franchisee
request, no more than two (2) times per year, the City shall provide Franchisee an updated listing
of waivers approved by the City, including the Generators’ names, mailing address, service
address, and type of waiver.
Ordinance No. 1289
Page 22 of 22
___________________
City Council Agenda Item Report
Submitted by: Sandra Dolson
Submitting Department: City Clerk
Meeting Date: December 20, 2022
SUBJECT
Ordinance No.1289 Granting Amendment No.1 to the Solid Waste Non-Exclusive Franchise
Agreement
Recommendation:
Conduct second reading and adopt Ordinance No. 1289 Granting Amendment No. 1 to the
Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection.
Background:
At the December 6, 2022 Regular City Council meeting, the Vernon City Council introduced
and conducted first reading of Ordinance No. 1289 Granting Amendment No. 1 to the Non-
Exclusive Franchise Agreement for Commercial Solid Waste Collection.
The ordinance summary was posted on the City's website on December 7, 2022, and will be
published on December 15, 2022 pursuant to legal requirements.
Staff requests the City Council conduct second reading and adopt Ordinance No. 1289.
Fiscal Impact:
The fiscal impact is estimated at $100. Sufficient funds are available in General Fund, City
Clerk Department, Publication/Promotion Account No. 011.1003.550000 for the current fiscal
year.
Attachments:
1. Ordinance No. 1289
1
CALIFORNIA NEWSPAPER SERVICE BUREAU
PRE#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the
HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us
with any corrections. The Proof of Publication will be filed with the County
Clerk, if required, and mailed to you after the last date below. Publication
date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012
Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
LISA POPE
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA 90058
ORD ORDINANCE PUBLICATION
Ordinance 1289 - Adoption Summary
12/29/2022
Notice Type:
Ad Description
COPY OF NOTICE
3655062
!A000006192561!
An invoice will be sent after the last date of publication. If you prepaid this
order in full, you will not receive an invoice.
SUMMARY OF ORDINANCE No.1289
Ordinance No.1289 grants Amendment No.1 to
the nonexclusive Franchise Agreements for
commercial solid waste collection for organic
waste service and residential services in order to
incorporate the requirements of Senate Bill 1383,
the Short-Lived Climate Pollutants Bill of 2016.
Ordinance No.1289 was introduced by the
Vernon City Council at its regular meeting on
December 6,2022,and adopted on December
20,2022,by the following vote:
AYES:Merlo,Ybarra,Larios,Lopez
NOES:None
ABSENT:None
ABSTAIN:None
Posted:Wednesday,December 21,2022
Publish:Thursday,December 29,2022
12/29/22
PRE-3655062#
HUNTINGTON PARK BULLETIN
CALIFORNIA NEWSPAPER SERVICE BUREAU
PRE#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the
HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us
with any corrections. The Proof of Publication will be filed with the County
Clerk, if required, and mailed to you after the last date below. Publication
date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012
Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
LISA POPE
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA 90058
ORD ORDINANCE PUBLICATION
Ordinance 1289 - Introduction Summary
12/15/2022
Notice Type:
Ad Description
COPY OF NOTICE
3650758
!A000006182674!
An invoice will be sent after the last date of publication. If you prepaid this
order in full, you will not receive an invoice.
SUMMARY OF ORDINANCE NO.1289
Ordinance No.1289 grants Amendment No.1 to
the nonexclusive Franchise Agreements for
commercial solid waste collection for organic
waste service and residential services in order to
incorporate the requirements of Senate Bill 1383,
the Short-Lived Climate Pollutants Bill of 2016.
Ordinance No.1289 was introduced by the
Vernon City Council at its regular meeting on
December 6,2022.Second reading and adoption
of the ordinance are scheduled for the Regular
City Council meeting on December 20,2022,at
City Hall,4305 Santa Fe Avenue,Vernon,
California.The full text of Ordinance No.1289 is
on file in the City Clerk Department.
Posted:Wednesday,December 7,2022
Publish:Thursday,December 15,2022
12/15/22
PRE-3650758#
HUNTINGTON PARK BULLETIN