MANAGEMENT OF EMERYVILLE SERVICES AUTHORITY CITY OF EMERYVILLE MEMORANDUM

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MANAGEMENT OF EMERYVILLE SERVICES AUTHORITY CITY OF EMERYVILLE DATE: MEMORANDUM TO: FROM: Patrick D. O Keeffe, City Manager Department of Public Works SUBJECT: RESOLUTION OF THE BOARD OF DIRECTORS OF THE MANAGEMENT OF EMERYVILLE SERVICES AUTHORITY (MESA) AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EMPLOYMENT AGREEMENT WITH MARCY GREENHUT, AS A PUBLIC SERVICES EMPLOYEE, IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS ($30,000) TO SERVE AS SOLID WASTE SPECIALIST FOR THE COMMERCIAL SOLID WASTE DIVERSION PROJECT DURING FISCAL YEAR 2011-12. RECOMMENDATION: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROPRIATING EIGHT THOUSAND NINE HUNDRED FORTY-SEVEN DOLLARS ($8,947) FROM THE ENVIRONMENTAL PROGRAMS FEE TO THE COMMERCIAL SOLID WASTE DIVERSION PROGRAM, PROJECT 06254110; APPROPRIATE GRANT ALLOCATIONS FROM THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY OF ELEVEN THOUSAND FIFTY-THREE DOLLARS ($11,053) AND TWENTY THOUSAND DOLLARS ($20,000) OR AS RECEIVED IN FISCAL YEAR 2011-12 TO FUND 254, PROJECT 06254110, FOR A TOTAL APPROPRIATION OF FORTY THOUSAND DOLLARS ($40,000) TO THE COMMERCIAL SOLID WASTE DIVERSION PROGRAM, PROJECT 06254110. Staff recommends that the MESA Board of Directors approve the attached resolution authorizing the City Manager to enter into an Employment Agreement with Marcy Greenhut, as a Public Services Employee (PSE) for FY 2011-12. In addition, staff recommends that the City Council of the City of Emeryville adopt the attached resolution to appropriate $8,947 in funds from the Environmental Programs Fee and $11,053 and $20,000 (or as received) in funds from the Alameda County Waste Management Authority (ACWMA aka StopWaste.org) to Fund 254, for FY 2011-12 s Commercial Solid Waste Diversion Program (project 06254110.)

Page 2 of 5 BACKGROUND: StopWaste.Org provides mitigation funding to local jurisdictions in Alameda County through a levy on imported solid waste landfilled within the County. Each year, the City of Emeryville receives approximately $25,000-30,000 in mitigation grant funds for the purpose of conducting non-residential or new solid waste reduction/diversion programs. The City s General Plan Sustainability element and the Climate Action Plan have a goal of reducing the City s waste to landfill by 50% from 2005 to 2020. Ms. Greenhut, manages the Commercial Solid Waste Diversion Program and, in fiscal year 2010-11, worked in the following six areas to reduce waste and emissions: Commercial technical assistance and outreach EUSD student and staff waste reduction programs Construction and Demolition Waste Management Events in the City City staff and facilities Agreement with Waste Management of Alameda County (WMAC) FY 2010-11 Program Highlights Twenty-two businesses received services from Ms. Greenhut this fiscal year, which included trainings, consultations, technical assistance and coordination of WMAC services. In coordination with WMAC and consultants, Ms. Greenhut designed and provided training materials, signage and container labels. The Emery Unified School District (EUSD) received these same services, including 2 trainings for staff and students. The district and many businesses reduced their volumes of trash and their monthly WMAC bills. For example, through referral of the Public Market to Emery Secondary s Summer Employment Program, training and other staff support, the Public Market has been able to divert enough customer recyclables and food waste to save $24,000/year. Starting in January of 2011, Ms. Greenhut joined WMAC staff and Stopwaste.org consultants to provide technical assistance to businesses related to the City s new WMAC Franchise Agreement, with the new rate structure effectively incentivizing diversion of compostables and recyclables from the trash, reducing businesses costs and climate emissions. The new outreach materials have received praise from businesses, residents and WMAC staff and were even used by Monterey County as a model for their brochures. With the new WMAC Franchise Agreement, Ms. Greenhut has been able to show businesses ways they can save money and divert more waste. Small businesses like Arizmendi Bakery, for example, are eligible for new expanded recycling and composting services in the Franchise Agreement with WMAC. One of the best recyclers/composters in the City, Arizmendi has an 88% diversion rate and under the new contract their monthly costs were reduced from $502.68 to $124.50.

Page 3 of 5 Ms. Greenhut inspected and approved 11 businesses for certification and re-certification as Green Businesses under the County Green Business Program, bringing the City s current total to 23 certified Green Businesses. For the 3 rd straight year, Ms. Greenhut coordinated the City s annual Coastal Clean-Up event last September. The event attracted an all-time high of 180 volunteers, removing 1755 lbs of trash, and engaging 12 Emeryville businesses as sponsors. She provided waste-reducing discard stations at 4 different events this year (Coast Clean-Up, Earth Day, Shortest Triathlon and ESS Block Party.) She coordinated the efforts of five Emery Secondary School (ESS) students and WMAC staff to reduce waste and educate the public at the City s Earth Day event, and ESS s own Block Party. She trained volunteer staff for Coast Clean-Up and the Shortest Triathlon. In December 2010, Ms. Greenhut again coordinated the annual holiday tree collection program with WMAC and the 23 largest multi-tenant residential properties to mulch the trees. To reduce waste in City facilities, Ms. Greenhut led eight training sessions for City staff, provided containers and signage where necessary, worked with janitorial staff and coordinated with WMAC as needed. Construction and Demolition Contractors submitted 157 Pre and 100 Post Waste Management Plans to Ms. Greenhut for City approval, as required by the City s Demolition and Construction Waste Reduction Ordinance. The successes of that program will be submitted in June 2011 to StopWaste.org as part of the annual Mitigation Funds report. For Fiscal Year 2011-12 staff is requesting renewal of the employment agreement with Marcy Greenhut, PSE, which will allow the City to continue strategic work with businesses, WMAC, City events and the school district. PROPOSED EXPENSES FOR FY 11-12 PROJECT Technical Assistance Technical Assistance TOTAL FY 11-12 PROPOSED EXPENSES FY 11-12 DESCRIPTION PROJECTED EXPENSES Provide technical assistance to businesses and schools and the City $30,000 (PSE Contract and payroll costs) Various payroll costs related to the PSE contract $10,000 $40,000

Page 4 of 5 PROJECTED REVENUES FOR FY 11-12 PROJECT FY 10-11 Project Balance and Carryover FY 11-12 Mitigation Funds FY 11-12 Environmental Programs Fee TOTAL PROJECTED REVENUE FY 11-12 DESCRIPTION FY 11-12 PROJECTED REVENUE from Mitigation Project #06254110 $11,053 1 To be Received in Spring 2012 $20,000 2 To be Received in January of 2012 $8,947 3 $40,000 1 Estimated from Project balance as of 6/7/11 including $39,053 in FY 10/11 funds from StopWaste.org to be received in July or August 2011. 2 Minimum distribution from StopWaste.org. 3 This revenue source is the new, annual $150,000 Environmental Programs Fee from WMAC as part of the new franchise agreement. The payment amount increases annually by 3%. To be eligible for Mitigation funding in FY 09/10, the City was required by StopWaste.org to have all of the following 5 measures in place: Residential food scraps co-collected curbside with plant debris for composting Formal adoption of a 75% diversion goal C&D Debris Diversion Ordinance applicable to private projects as well as to civic projects (sanitary districts exempt) Civic Green Building Ordinance Civic Bay-Friendly Landscaping Ordinance The City met these requirements in FY 09/10. In order to be eligible for funding allocations for FY 10/11, the City of Emeryville was required by StopWaste.org to achieve the following: Continue compliance with previous mitigation funding conditions. Implement and report compliance with the C&D, Civic Bay Friendly, and Civic Green Building policies or ordinances. Participate in The Contest, the new regional media campaign from StopWaste.org. The City met these requirements so the City is eligible for funding.

Page 5 of 5 FISCAL IMPACT: The Project and PSE agreement are funded through mitigation grants provided by StopWaste.org for the sole purpose of conducting non-residential and/or new solid waste diversion projects and by the Environmental Programs Fee funded by WMAC as part of the new Franchise agreement with the City. However, after FY 11/12 StopWaste.org will no longer be able to provide these funds because of reduced tonnages of material going to the Altamont landfill from the City and County of San Francisco and the approaching end of the contract with that entity. Staff will return to Board of Directors and the City Council in FY 11/12 with information on the final year of the mitigation grant program and the expected final disbursement amount for FY 11/12 and associated requirements from StopWaste.org. SUBMITTED BY: Peter Schultze-Allen Environmental Programs Analyst Maurice Kaufman Public Works Director APPROVED AND FORWARDED TO THE MESA BOARD OF DIRECTORS: Patrick D. O Keeffe City Manager Attachments: 1. Resolution Authorizing the Employment Agreement 2. Public Services Employee Employment Agreement with Marcy Greenhut 3. Resolution Appropriating Funds from Alameda County Waste Management Authority (ACWMA) and Environmental Programs Fee to Fund 254

RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROPRIATING EIGHT THOUSAND NINE HUNDRED FORTY-SEVEN DOLLARS ($8,947) FROM THE ENVIRONMENTAL PROGRAMS FEE TO THE COMMERCIAL SOLID WASTE DIVERSION PROGRAM, PROJECT 06254110; APPROPRIATE GRANT ALLOCATIONS FROM THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY OF ELEVEN THOUSAND FIFTY- THREE DOLLARS ($11,053) AND TWENTY THOUSAND DOLLARS ($20,000) OR AS RECEIVED IN FISCAL YEAR 2011-12 TO FUND 254, PROJECT 06254110, FOR A TOTAL APPROPRIATION OF FORTY THOUSAND DOLLARS ($40,000) TO THE COMMERCIAL SOLID WASTE DIVERSION PROGRAM, PROJECT 06254110. WHEREAS, the City of Emeryville has an adopted goal of reducing its waste by 50% by 2020 over 2004 levels and approximately 80% of the City s solid waste is generated by businesses and institutions; and WHEREAS, in order to assist cities in reducing waste, the Alameda County Waste Management Authority (ACWMA) allocates mitigation grant funds for the sole purpose of establishing nonresidential or new residential recycling and other waste reduction programs; and WHEREAS, the City anticipates receipt of revenues in the amount of $20,000 in mitigation fund grants from the ACWMA in FY 11-12 and will have funds available in the amount of $8,947 from the Environmental Programs Fee and $11,053 carried over from the Commercial Solid Waste Diversion Program from FY 10/11, for revenues totaling $40,000; and WHEREAS, staff proposes that the City of Emeryville use these funds to continue the existing Commercial Solid Waste Diversion Program and to provide technical assistance to businesses in Emeryville through Fiscal Year 2011-12; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Emeryville hereby appropriates $8,947 from the Environmental Programs Fee, and $11,053 and $20,000, or as received, in mitigation funds from the ACWMA to FUND 254; project #06254110 for a total budget of $40,000 for the Commercial Solid Waste Diversion Program for Fiscal Year 2011-12. ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 21, 2011 by the following vote: AYES: NOES: ABSTAINED: EXCUSED: ABSENT: MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY