CITY COUNCIL MEETING AGENDA PACKET

Page 4 of 14 performance under the most recent franchise agreement has shown ongoing inconsistencies. A key area of concern is compliance with state-mandated requirements, particularly SB 1383, which establishes strict standards for organics diversion, recycling, and recordkeeping. While PGS has corrected reporting gaps identified early in the contract term, Pleasanton has not yet been reviewed by the state’s enforcement team. That review is required to happen before 2027. State regulators will look to ensure full compliance by all waste generators in the City and will rely on detailed records for evidence of that compliance. In meetings with Pleasanton businesses, concerns were raised by those businesses about their compliance with SB 1383 and other state laws and their perception that they needed more support from PGS to meet those requirements. In 2022, the City conducted a comprehensive performance review and subsequent correc tive action plan. The review focused on PGS’ compliance with three broad and interrelated areas of the Franchise Agreement: 1. SB 1383 and other key regulatory compliance issues, including recordkeeping and reporting; 2. Additional new and expanded programs and services; and 3. Customer service. As a result of this review, staff worked with PGS to implement 20 corrective actions. These included: • Establishing adequate staffing levels and staff training; • Developing an education and outreach plan; • Creating protocols for route audits and establishing a regular audit schedule; and • Improving data collection and reporting practices. While progress has been made in several areas, PGS’s corrective actions for data collection related to Tower, the software system it uses, remain. In 2024, the City worked with SCS Engineers to develop a compliance plan and conduct an annual site visit to audit the transfer station. Phase One of the project involved creating a compliance plan and providing a method for the City to monitor and track enforcement. In Phase Two, City staff, in coordination with the Livermore-Pleasanton Fire Department (LPFD), conducted an unannounced site visit of the transfer station. Following this visit, SCS Engineers prepared a summary inspection report that included comments from all participating agencies. The report identified multiple outstanding compliance issues requiring immediate corrective action. Specifically, 21 corrective actions were outlined, including: • 12 LPFD violations related to fire safety, hazardous materials management, petrole um storage, hazardous waste, and household hazardous waste. • Environmental Services violations, including stormwater management deficiencies Page 76 of 399