California City of Brea November 5, 2020 The Honorable Kirk H. Nakamura Presiding Judge Superior Court of California,*

In nine of the ten cities investigated, the waste hauler has been the sole source provider to their respective city(s) anywhere from 39 to 72 years. Where there is an opportunity for service providers to compete, there is an opportunity for competitive bidding, which may result in improvements in cost and performance. Response: The City of Brea agrees with this finding and, on 12/11/2018, notified its waste hauler of the determination to end the automatic extension of the evergreen contract; thus, expiration of the contract is on 12/31/2038.

The labeling on residential bins are not always legible or have comprehensive enough instructions laminated or otherwise made a part of the lid, especially with regards to single use plastic shopping bags. Education and outreach efforts need to be reinforced as often as possible and a visual reminder on the recycle container will help alleviate confusion. Response: The City of Brea agrees with this finding. The City has been enhancing their modes of education and outreach via social media and updated website postings. City Council Marty Simonoff Steven Vargas Cecilia Hupp Christine Marick Glenn Parker Mayor Mayor Pro Tem Council Member Council Member Council Member Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net Recycled cert no. SCS COC 001102 0 1996/95 The Honorable Kirk H. Nakamura November 5, 2020

Orange County Waste and Recycling as well as the waste haulers provide helpful recycling education to the public where contractually required to do so. It is the Grand Jury's view that most cities delegate much of the customers/public education efforts to the waste haulers. Contracts indicate both parties are responsible for educating the public. Response: The City of Brea disagrees partially with this finding. The City has been active in working with the waste hauler to develop targeted outreach (approved by CalRecycle) aimed at increasing participation in recycling and adjusting as needed to increase participation. This outreach included multiple targeted mailings, phone calls, emails, and site visits. In early 2020, the City invested in hiring an in-house Recycling Coordinator position, partnering with Orange County Waste & Recycling to offset funds for the position. The City of Brea's Recycling Coordinator partners with the City's waste hauler and has been able to increase the level of direct education/outreach, conduct monitoring, and assist with reporting requirements. Besides direct outreach through letters, calls, and emails, the City provides educational outreach through the City's website, community publications, public events, and social media. The waste hauler provides recycling educational outreach through the hauler website, City-related public events, school events, and at Brea Chamber of Commerce meetings.

Cities are not in compliance with AB 341 mandates with respect to providing recycling containers for multi-family units. Response: The City of Brea disagrees partially with this finding. The City and its waste hauler have made continual good faith efforts to provide educational outreach to multi-family units (MFU's), and other businesses, subject to AB 341; such outreach includes letters, articles in the waste hauler's annual newsletter, a link to the AB 341 brochure on a City-specific hauler webpage, and the City's website. As a result, recycling containers are available at numerous MFU's within the City of Brea, and the City/hauler are continually working toward increasing participation and compliance by businesses. The City worked with its waste hauler to develop an AB 341 action plan that has been approved by CalRecycle. Most recently, in September 2020, the City and the waste hauler sent a joint letter to businesses and multi-family units subject to AB 341, providing educational outreach on compliance with AB 341, AB 1826, and AB 827, including self-certification forms for compliance. The Honorable Kirk H. Nakamura November 5, 2020