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amount of $18,500. A mid-year FY 2022/23 budget adjustment will be made for the <br /> additional expense. <br /> BACKGROUND <br /> Per Article 8 of the Franchise Agreement, the City sets all rates for collections services <br /> outlined in the agreement. On June 21, 2022, the City Council set rates for Rate Period <br /> 5; at that time a potential SB 1383 related cost was identified relative to the processing <br /> of commercial organics facilities. Consequently, PGS was notified by Waste <br /> Management — as the approved organics processing facility — that is could no longer <br /> receive the commercial organic materials due to State permitting requirements. Since <br /> that time, City staff has worked with PGS to add an `Approved Facility for Organics <br /> Processing' for the commercial organic materials as outlined in the amended franchise <br /> agreement and began a special rate review. <br /> DISCUSSION <br /> PGS notified the City that Waste Management was no longer able to process the City's <br /> commercial organic materials and as required by the agreement, and submitted the <br /> required materials for the City to review. After a review by City staff and HF&H <br /> Consultants the process for a special rate review began wherein the City directed PGS <br /> to begin negotiations with Recology Blossom Valley Organics and to provide to the City <br /> a draft agreement for processing of commercial organic materials for review and <br /> approval. <br /> A final draft of the commercial organics processing agreement with Recology Blossom <br /> Valley Organic, was provided by PGS in October 2022. City staff and HF&H <br /> Consultants reviewed the agreement and on October 25, 2022, the City directed PGS to <br /> enter into the agreement with Recology Blossom Valley Organics. The City provided <br /> direction to PGS according to the Franchise Agreement Article 5.13.3B which stipulates <br /> that "The City shall direct a change to a new Approved Organic Materials Processing <br /> Site in the event that the Approved Organics Materials Processing Site is no longer <br /> available to process some or all of the city's organic materials due to State or local <br /> permit requirements that change the acceptability of organic material types." <br /> Working with City and PGS staff, HF&H Consultants finalized the special rate review <br /> with a finding that the mid-term Special Rate Adjustment should be set at 0.74 percent <br /> which would cover costs beginning on November 1 , 2022, through June 30, 2023. The <br /> mid-term Special Rate Adjustment would be effective on January 1, 2023. <br /> The action recommended to the City Council is adoption of a resolution approving a <br /> mid-term Special Rate Adjustment in the amount of 0.74 percent for solid waste, <br /> recyclable materials, and organic materials collection. <br /> Page 2 of 3 <br />