HomeMy WebLinkAboutResolution 2014-150 N.C.S. 9/15/2014Resolution No. 2014-150 N.C.S.
of the City of Petaluma, California
ACKNOWLEDGING DIRECTION OF PETALUMA GREEN WASTE TO THE
REDWOOD LANDFILL AND INITIATION OF FOOD WASTE COMPOSTING
PROGRAMS IN ACCORDANCE WITH THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF PETALUMA AND PETALUMA REFUSE AND
RECYCLING INC. AND THE AGREEMENT BETWEEN THE CITIES
OF SONOMA COUNTY AND SONOMA COUNTY FOR A JOINT
POWERS AGENCY TO DEAL WITH WASTE MANAGEMENT ISSUES
WHEREAS, the franchise agreement (`Franchise") between the City of Petaluma and
Petaluma Refuse and Recycling ("PR&R") was effective in February 2013 and remains in effect
until February, 2028 and grants PR&R exclusive right to collect transport, and process mixed
waste, recyclables and organic waste in and for the City of Petaluma; and
WHEREAS, the City Council discussions at the time of award of the Franchise and the
terms of the Franchise anticipated handling of food waste and potential redirection of the City's
green waste to the Redwood landfill; and
WHEREAS, at the time of award, the Franchise did not initiate new services with
potentially new environmental impacts so as to require environmental analysis in addition to that
previously conducted for the City's solid waste franchise services; and
WHEREAS, Section 4.5.8 of the Franchise acknowledges the need for appropriate
environmental review prior to implementing changes to the Franchise services; and
WHEREAS, section 8.2 .2 of the Franchise allows the City's waste hauler to temporarily
redirect organic materials to other than the approved processing site for reasons of emergency or
sudden unforeseen closure; and
WHEREAS, section 8.2 .2 of the Franchise also allows the City to direct or redirect
materials collected under the Franchise to other than the originally approved sites, and authorizes
the City Manager to approve use of an organic materials processing site that differs from the
originally approved organic materials processing site; and
WHEREAS, section 4.5.1 of the Franchise authorizes the City to direct changes in the
scope of services pursuant to the Franchise; and
WHEREAS, section 5.3 of the Franchise provides that the City may direct changes in the
Franchise scope of services for collection of additional organics; and
WHEREAS, pursuant to Exhibit 5 of the Franchise, the current approved site for
approved organic materials processing is the Sonoma Compost site; and
WHEREAS, Petaluma yard waste is currently directed to the Sonoma Compost site
pursuant to the agreement (`JPA Agreement") establishing and governing the Sonoma County
Resolution No. 2014-150 N.C.S. Page I
Waste Management Agency ("SCWMA") and the requirements of section 11 of the JPA
Agreement that SCWMA member agencies send minimum quantities of yard waste to the
Sonoma Compost site; and
WHEREAS, section 17 of the JPA Agreement excuses member agencies from delivering
applicable minimum quantities of yard waste to the Sonoma Compost facility when unable to do
so or upon authorization of the SCWMA; and,
WHEREAS, the City and PR&R have a mutual interest in initiating food waste
composting so as to increase diversion of solid waste in keeping with the diversion obligations of
the City and PR&R; and
WHEREAS, the Redwood Landfill is currently permitted to provide composting of
residential food waste and expects to be permitted to provide composting of commercial food
waste in approximately one month; and
WHEREAS, the SCWMA is subject to an order from the North Coast Regional Water
Quality Control Board ("NCRWQCB") requiring zero discharge of wastewater from the Sonoma
Compost facility into receiving waters; and
WHEREAS, redirecting Petaluma green waste to the Redwood Landfill is a least cost
alternative to SCWMA to help SCWMA meet its reduction targets and allow implementation of
zero discharge plans to comply with NCRWQCB requirements; and
WHEREAS, the impacts of redirection of Petaluma green waste, including food waste,
for processing and composting at the Redwood Landfill are within the vehicle trip and volume
capacity limits applicable to the Redwood Landfill pursuant to existing permits issued December
10, 2013 by Marin County Environmental Health Services, and have been analyzed for purposes
of the California Environmental Quality Act ("CEQA") pursuant to Final Environmental Impact
Report SCH#1991033042 of 2008 and a May, 2013 addendum; and
WHEREAS, the initiation of Petaluma residential and commercial food waste
composting at and redirection of Petaluma green waste to the Redwood Landfill is exempt from
CEQA pursuant to Section 15301 of the CEQA Guidelines as operation and maintenance of
existing public or private structures, facilities, mechanical equipment or topographical features
involving negligible or no expansion of use beyond that existing at the time of the lead agency's
determination;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PETALUMA AS FOLLOWS:
The recitals above in this resolution are hereby declared to be true and correct and
findings of the City Council.
2. Redirection of Petaluma green waste, including food waste, to the Redwood Landfill
and initiation of composting of Petaluma residential and commercial food waste at the
Redwood Landfill are exempt from the requirements of CEQA pursuant to section
15301 of the CEQA Guidelines in accordance with the analysis contained in the staff
report accompanying this resolution which staff report is hereby incorporated and
made a part of this resolution by reference.
Resolution No. 2014-150 N.C.S. Page 2
Redirection of Petaluma green waste, including residential and commercial food
waste, to the Redwood Landfill and initiation of food waste composting in
accordance with pertinent provisions of the Franchise Agreement Between the City of
Petaluma and Petaluma Refuse and Recycling and authority delegated to the
Petaluma City Manager thereunder and the Agreement Between the Cities of Sonoma
County and Sonoma County for a Joint Powers Agency to Deal with Waste
Management Issues, is hereby acknowledged, authorized and directed in accordance
with applicable law.
Resolution No. 2014-150 N.C.S. Page 3
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE:
I hereby certify the foregoing Resolution was introduced and adopted by the
Approved as to
Council of the City of Petaluma at a Regular meeting on the 15°i
day of September.
/'1 form:
2014, by the following vote:
City Attomey
AYES:
Albertson, Barrett. Harris, Vice Mayor Kearney, Miller
NOES:
None
ABSENT:
Healy
ABSTAIN:
Mayor Glass
.
J. y
uatL) ac—n-0 r
ATTEST:
City Clerk V
Vice'mayor
Resolution No. 2014-150 N.C.S. Page 3