Loading...
CC 2024-01-09_09.d. Second Amendment JPA IWMAItem 9.d. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shannon Sweeney, City Engineer SUBJECT: Consideration of Resolution Adopting the 2023 County Joinder Amendment to Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority DATE: January 9, 2024 SUMMARY OF ACTION: Adopt a resolution adopting the 2023 County Joinder Amendment to the Second Amended and Restated Joint Powers Agreement (JPA) of the Integrated Waste Management Authority (IWMA). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no direct fiscal impact to the City. IWMA related fees are a cost to solid waste customers that are typically reflected in the rates paid at the landfill and for garbage collection. RECOMMENDATION: Adopt a Resolution approving the 2023 County Joinder Agreement to Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority (“IWMA”), and 2) Find that rejoining the IWMA via the Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378). BACKGROUND: The Integrated Waste Management Authority (IWMA) is a Joint Powers Authority (JPA) that was formed in 1994 to pool agency resources and cost-effectively comply with various State solid waste regulations, such as solid waste recycling and , more recently, organic waste. Previous members included the County of San Luis Obispo (“County”), seven cities (Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo) and Community Services Districts (including, but not limited to, Heritage Ranch, San Miguel, and Nipomo). Page 44 of 282 Item 9.d. City Council Consideration of Resolution Adopting the 2023 County Joinder Amendment to Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority January 9, 2024 Page 2 IWMA staff administer over 40 different solid waste programs, including monitoring and reporting to the State, household hazardous waste collection, electronics waste collection, sharps disposal, and public education and outreach. The IWMA’s activities are funded through solid waste management fees imposed on waste through payment of landfill tipping fee surcharges, charges to the contract waste haulers, and grant funding. In 2021, the County of San Luis Obispo Board of Supervisors voted to leave the IWMA. Less than two years later, the Board of Supervisors gave direction to County staff to initiate discussions with the San Luis Obispo County IWMA and its member agencies to rejoin the IWMA. IWMA and County Department of Public Works staff have met and discussed the necessary coordination to bring the County back as a member of the IWMA. At its October 11, 2023, IWMA Board meeting, the Board of Directors for the San Luis Obispo County IWMA voted to approve the Joinder Agreement. This Joinder Amendment was prepared and delivered to the County Department of Public Works as a pathway for the County to rejoin the IWMA. The Joinder Amendment fundamentally addresses two issues. 1. It allows the County to rejoin the JPA with one seat and one vote on the IWMA Board; 1) It allows the IWMA Board to move the election of its officers to the beginning of the calendar year. At its October 31, 2023, meeting, the County Board of Supervisors voted to approve Resolution No. 2023-276 (Exhibit A to Attachment 1) adopting the Second Amended and Restated Joint Powers Agreement of the San Luis Obispo County IWMA as amended by the 2023 County Joinder Amendment (Agreement), which enables the County to rejoin as a JPA member. The other member agencies in the County were asked to approve the same amended Joint Powers Agreement, and have or will be considering the same before their legislative bodies. For example, the Atascadero City Council approved rejoining the IWMA at its November 28, 2023, City Council meeting. The City of Grover Beach City Council approved rejoining the IWMA at its December 11, 2023, City Council meeting. ANALYSIS OF ISSUES: In order for the County to rejoin IWMA, a majority of the member agencies must adopt a resolution and enter into the Agreement. With the County rejoining the JPA two things will happen c oncurrently: 1. The Cancellation of the Memorandum Understanding, (MOU) between the County and the IWMA for Household and Universal Waste Services. Page 45 of 282 Item 9.d. City Council Consideration of Resolution Adopting the 2023 County Joinder Amendment to Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority January 9, 2024 Page 3 2. The IWMA would then receive the 4.4% Solid Waste Management Fee from County solid waste customers and the $3 per ton Landfill Tipping Fee surcharge for waste generated from customers in the county unincorporated area As a member of the JPA the services that were previously provided through the MOU will now be paid for through the Solid Waste Management Fee collected from County residents. These services include: • Household and business hazardous waste collection and management. • Universal waste collection. • Electronic waste collection. • Curbside used motor oil collection and filter disposal. • Retail Take-Back of batteries, fluorescent lighting, paint, mercury thermostats, sharps and unwanted medication. As a member of the JPA the IWMA will assume the roles and responsibilities of reporting to the State of California on behalf of the Count y on its progress in meeting the state mandated programs and reporting to CalRecycle for these solid waste and recycling requirements including: • SB 1383 the Short Live Climate Pollutant Reduction Strategy. • AB 1826 the Mandatory Organics Recycling Ordinance. • AB 341 the Mandatory Commercial Recycling Ordinance. • AB 939 the Integrated Waste Management Plan as defined in the Source Reduction and Recycling Element. The IWMA will assume responsibility for reporting to CalRecycle on behalf of the County for programs that include: • Capacity Planning. (Organics Processing and Edible Food) • Electronic Annual Reporting. • Non-Disposal Facility Element. • Siting Element. (Landfill Capacity) • SB 1383 requirements. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt a Resolution approving the Joinder Agreement; 2. Do not adopt a Resolution. This action is not recommended because then City staff will be responsible for solid waste capacity planning, electronic annual reporting, and outreach education related to recent State law obligations rather than take advantage of the regionalized approach available through IWMA. Note that even if the City of Arroyo Grande doesn’t adopt the Joinder but the majo rity of the others Page 46 of 282 Item 9.d. City Council Consideration of Resolution Adopting the 2023 County Joinder Amendment to Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority January 9, 2024 Page 4 do, then the Joinder is adopted. However, the more agencies that join provide a greater scale of economics for greater cost efficiencies in operation; or 3. Provide other direction to staff. ADVANTAGES: Staff believes the County’s return to the IWMA will be a benefit to the City of Arroyo Grande, its rate payers and other regional agencies. Regionalism in solid waste provides an economy of scale, ensures consistent education and outreach among member jurisdictions, and has locally been a successful means of meeting waste diversion and compliance requirements. DISADVANTAGES: No disadvantages have been identified for this action. ENVIRONMENTAL REVIEW: Rejoining IWMA via the attached resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378). PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Resolution Adopting 2023 County Joinder Amendment to Second Amended and Restated Joint Powers Agree ment of the Integrated Waste Management Authority Page 47 of 282 ATTACHMENT 1 RESOLUTION NO. 2024-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING 2023 COUNTY JOINDER AMENDMENT TO THE SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE INTEGRATED WASTE MANAGEMENT AUTHORITY WHEREAS, on May 10, 1994, an agreement was executed by and between the incorporated cities of San Luis Obispo County (“Cities”) and the County of San Luis Obispo, forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Government Code sections 6500 et seq.), for the purpose of facilitating the development of waste diversion programs and projects that provide economies of scale without interfering with individual agencies’ exercise of power within their own jurisdiction (hereinafter referred to as the “JPA Agreement”); and WHEREAS, pursuant to the JPA Agreement, the power to perform the responsibilities of the joint powers authority was vested in the San Luis Obispo County Integrated Waste Management Authority Board of Directors (“IWMA Board”); and WHEREAS, in or around 2001, a Memorandum of Agreement (“MOA”) was executed by and between the Cities, the County of San Luis Obispo, and certain special districts within San Luis Obispo County that possessed solid waste authority (“Authorized Districts”), amending the JPA Agreement to include the Authorized Districts for representation on the IWMA Board, which MOA was replaced on execution of the Second Amended and Restated JPA Agreement; and WHEREAS, the Board of Directors of the IMMA directed IWMA staff that on the County of San Luis Obispo’s approval to rejoin the IWMA, to circulate the 2023 County Joinder Amendment to the Second Amended and Restated JPA (“Joinder Amendment”) to the Participating Agencies for approval (a true and correct copy of the 2023 County Joinder Amendment to JPA is attached hereto as Exhibit A), including among the Authorized Districts with representation on the Board through their designated representative; and WHEREAS, the JPA Agreement, as last amended, authorized amendments to the JPA Agreement on vote of a majority of the Members, and this resolution is intended to express the approval of Members and acknowledged agreement of all other Participating Agencies. Page 48 of 282 RESOLUTION NO. PAGE 2 WHEREAS, the County wishes to join the Cities and the Authorized Districts (together “Participating Agencies”) in confirming and conferring upon the IWMA as separate legal entity the powers necessary to enable them to achieve their waste diversion goals and to comply with the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill 1826, Senate Bill 1383, and all current and future state-mandated laws, rules and regulations to the extent allowed by law and as provided in the JPA Agreement. WHEREAS, the City Council of the City of Arroyo Grande desires to acknowledge, accept, and agree to be bound by the terms and conditions of the Joinder Amendment to the Second Amended and Restated JPA. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Arroyo Grande, that the City of Arroyo Grande acknowledges, accepts, and agrees to be bound by the terms and conditions of the Joinder Amendment to the Second Amended and Restated JPA. On motion by Council Member ________, seconded by Council Member _______, and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 9th day of January, 2024. Page 49 of 282 ________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: _________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: _________________________________ MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: _________________________________ ISAAC ROSEN, CITY ATTORNEY RESOLUTION NO. PAGE 3 Page 50 of 282 EXHIBIT “A” COUNTY OF SAN LUIS OBISPO RESOLUTION NUMBER 2023 – 276 WITH 2023 COUNTY JOINDER AMENDMENT TO THE SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE INTEGRATED WASTE MANAGEMENT AUTHORITY RESOLUTION NO. PAGE 4 Page 51 of 282 Page 1 of 76 PRESENT: Supervisors Bruce S. Gibson, Dawn Ortiz-Legg, Jimmy Paulding, Debbie Arnold and Chairperson John Peschong ABSENT: None RESOLUTION NO. 2023-276 RESOLUTION ADOPTING THE SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE MANAGEMENT AUTHORITY The following Resolution is hereby offered and read: WHEREAS, an agreement was executed by and between the incorporated cities of San Luis Obispo County (“Cities”) and the County of San Luis Obispo (“County”) forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (the “Original JPA Agreement”), for the purpose of facilitating the development of waste diversion programs and projects; WHEREAS, pursuant to the terms of the Original JPA Agreement, the Cities and the County created and established a public entity identified as the San Luis Obispo Cou nty Integrated Waste Management Authority (“IWMA”); WHEREAS, in or around 2001, the Cities, County, and certain special districts within the County (“Authorized Districts”) executed a Memorandum of Agreement (“MOA”) amending the Original JPA Agreement to provide the Authorized Districts with representation on the Board of Directors of the IWMA; WHEREAS, on or about November 15, 2021, the County withdrew from the IWMA, after which the Cities and Authorized Districts elected to amend the Original JPA Agreement to reflect the withdrawal on the terms set forth in the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority, which was adopted by the participating agencies in 2022 (“2022 JPA Agreement”). The 2022 JPA Agreement is attached hereto as Exhibit A and incorporated herein by this reference; and IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA Tuesday, October 31, 2023 RESOLUTION NO. PAGE 5 Page 52 of 282 WHEREAS, the County desires to rejoin the IWMA pursuant to the terms set forth in the 2022 JPA Agreement, as amended by the 2023 County Joinder Amendment to the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority {"County Joinder Amendment"). The County Joinder Amendment is attached hereto as Exhibit B and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Board of Supervisors of the County of San Luis Obispo, State of California, finds, declares and determines as follows: 1.The foregoing recitals are true, correct, and incorporated herein. 2.The County hereby acknowledges, accepts, and agrees to be bound by the terms of the 2022 JPA Agreement, as amended by the County Joinder Amendment. 3.This Resolution shall take effect immediately upon adoption. 4.The Chairperson of the Board of Supervisors or designee is authorized and directed to deliver this adopted Resolution to the IWMA and to execute the County Joinder Amendment. Upon motion of Supervisor Gibson, seconded by Supervisor Paulding, and on the following roll call vote, to wit: AYES: NOES: Supervisors Gibson, Paulding and Ortiz-Legg Supervisor Arnold ABSENT: None ABSTAINING: Chairperson Supervisor Peschong the foregoing Resolution is hereby adopted on then_ day of October, 2023. ATTEST: ,. 'f '· � .. , 11 "'. " " . '<' l'_. .. t"' � .... '1" ,., # !OHN NILON, '" /0 • •·:: • • , ._;.;\ \ Ex-Officio Clerk of t��:ao:�{f�f·, )\ •: Supervisors '. . • .,. i;:�l .. ·:'· :: " . ··.·-·----··�\.,.\i� ! ·�,'�\;,� .. - ,.\• .. ,.,., �-'I-.; Chairperson of the Board of Supervisors Page 2 of 76 RESOLUTION NO. PAGE 6 Page 53 of 282 (SEAL) APPROVED AS TO FORM AND LEGAL EFFECT: RITA L. NEAL County Counsel By: .fY ��_y ,Js--4 {-Deputy County Counsel Dated: October 23, 2023 L:\Solid Waste\2023\_Reso lutions\lWMA\WMA Rejoining Att 1 Reso JPA & Joinder.docx STATE OF CA.LIFORNIA ) ss. COUNTY OF SAN LU IS OBISPO) !, JOHN NILON, lriterim Ex-Officio Clerkoftt:eBoard ofSuperviscrs ti"e reof,do rerebycertify the foregoing to be a full, true ard co r rect copy of an order entered ir-the mirutes of said Board of Supervisors, ar-d now remair.irg of record in my office. Witness, my hand ar.c! seal ofsaicl Board of Supervisor s on �ovef'tlbf �• 2023. By: JOHNNILON):' ·.,.•·••-•., .. ,_· Interim Ex-Officio Clerk oftr,�··s1:,a&i:crs'.G,P�rvisor� UQmd (5 ��8efk:t::��:�.: ·>: ,' ' •• , , -i:,;,, jf:}:� ; .. -><� �J Page 3 of 78 ,;;, ;-,�- � .. , f'>!'' RESOLUTION NO. PAGE 7 Page 54 of 282 Page 4 of 76 EXHIBIT A RESOLUTION NO. PAGE 8 Page 55 of 282 Page 5 of 76 RESOLUTION NO. PAGE 9 Page 56 of 282 Page 6 of 76 RESOLUTION NO. PAGE 10 Page 57 of 282 Page 7 of 76 RESOLUTION NO. PAGE 11 Page 58 of 282 Page 8 of 76 RESOLUTION NO. PAGE 12 Page 59 of 282 Page 9 of 76 RESOLUTION NO. PAGE 13 Page 60 of 282 Page 10 of 76 RESOLUTION NO. PAGE 14 Page 61 of 282 Page 11 of 76 RESOLUTION NO. PAGE 15 Page 62 of 282 Page 12 of 76 RESOLUTION NO. PAGE 16 Page 63 of 282 Page 13 of 76 RESOLUTION NO. PAGE 17 Page 64 of 282 Page 14 of 76 RESOLUTION NO. PAGE 18 Page 65 of 282 Page 15 of 76 RESOLUTION NO. PAGE 19 Page 66 of 282 Page 16 of 76 RESOLUTION NO. PAGE 20 Page 67 of 282 Page 17 of 76 RESOLUTION NO. PAGE 21 Page 68 of 282 Page 18 of 76 RESOLUTION NO. PAGE 22 Page 69 of 282 Page 19 of 76 RESOLUTION NO. PAGE 23 Page 70 of 282 Page 20 of 76 RESOLUTION NO. PAGE 24 Page 71 of 282 Page 21 of 76 RESOLUTION NO. PAGE 25 Page 72 of 282 Page 22 of 76 RESOLUTION NO. PAGE 26 Page 73 of 282 Page 23 of 76 RESOLUTION NO. PAGE 27 Page 74 of 282 Page 24 of 76 RESOLUTION NO. PAGE 28 Page 75 of 282 Page 25 of 76 RESOLUTION NO. PAGE 29 Page 76 of 282 Page 26 of 76 RESOLUTION NO. PAGE 30 Page 77 of 282 Page 27 of 76 RESOLUTION NO. PAGE 31 Page 78 of 282 Page 28 of 76 RESOLUTION NO. PAGE 32 Page 79 of 282 Page 29 of 76 RESOLUTION NO. PAGE 33 Page 80 of 282 Page 30 of 76 RESOLUTION NO. PAGE 34 Page 81 of 282 Page 31 of 76 RESOLUTION NO. PAGE 35 Page 82 of 282 Page 32 of 76 RESOLUTION NO. PAGE 36 Page 83 of 282 Page 33 of 76 RESOLUTION NO. PAGE 37 Page 84 of 282 Page 34 of 76 RESOLUTION NO. PAGE 38 Page 85 of 282 Page 35 of 76 RESOLUTION NO. PAGE 39 Page 86 of 282 Page 36 of 76 RESOLUTION NO. PAGE 40 Page 87 of 282 Page 37 of 76 RESOLUTION NO. PAGE 41 Page 88 of 282 Page 38 of 76 RESOLUTION NO. PAGE 42 Page 89 of 282 Page 39 of 76 RESOLUTION NO. PAGE 43 Page 90 of 282 Page 40 of 76 RESOLUTION NO. PAGE 44 Page 91 of 282 Page 41 of 76 RESOLUTION NO. PAGE 45 Page 92 of 282 Page 42 of 76 RESOLUTION NO. PAGE 46 Page 93 of 282 Page 43 of 76 RESOLUTION NO. PAGE 47 Page 94 of 282 Page 44 of 76 RESOLUTION NO. PAGE 48 Page 95 of 282 Page 45 of 76 RESOLUTION NO. PAGE 49 Page 96 of 282 Page 46 of 76 RESOLUTION NO. PAGE 50 Page 97 of 282 Page 47 of 76 RESOLUTION NO. PAGE 51 Page 98 of 282 Page 48 of 76 RESOLUTION NO. PAGE 52 Page 99 of 282 Page 49 of 76 RESOLUTION NO. PAGE 53 Page 100 of 282 Page 50 of 76 RESOLUTION NO. PAGE 54 Page 101 of 282 Page 51 of 76 RESOLUTION NO. PAGE 55 Page 102 of 282 Page 52 of 76 RESOLUTION NO. PAGE 56 Page 103 of 282 Page 53 of 76 RESOLUTION NO. PAGE 57 Page 104 of 282 Page 54 of 76 EXHIBIT B RESOLUTION NO. PAGE 58 Page 105 of 282 Page 55 of 76 RESOLUTION NO. PAGE 59 Page 106 of 282 Page 56 of 76 RESOLUTION NO. PAGE 60 Page 107 of 282 Page 57 of 76 RESOLUTION NO. PAGE 61 Page 108 of 282 Page 58 of 76 RESOLUTION NO. PAGE 62 Page 109 of 282 Page 59 of 76 RESOLUTION NO. PAGE 63 Page 110 of 282 Page 60 of 76 RESOLUTION NO. PAGE 64 Page 111 of 282 Page 61 of 76 RESOLUTION NO. PAGE 65 Page 112 of 282 Page 62 of 76 RESOLUTION NO. PAGE 66 Page 113 of 282 Page 63 of 76 RESOLUTION NO. PAGE 67 Page 114 of 282 Page 64 of 76 RESOLUTION NO. PAGE 68 Page 115 of 282 Page 65 of 76 RESOLUTION NO. PAGE 69 Page 116 of 282 Page 66 of 76 RESOLUTION NO. PAGE 70 Page 117 of 282 Page 67 of 76 RESOLUTION NO. PAGE 71 Page 118 of 282 Page 68 of 76 RESOLUTION NO. PAGE 72 Page 119 of 282 Page 69 of 76 RESOLUTION NO. PAGE 73 Page 120 of 282 Page 70 of 76 RESOLUTION NO. PAGE 74 Page 121 of 282 Page 71 of 76 RESOLUTION NO. PAGE 75 Page 122 of 282 Page 72 of 76 RESOLUTION NO. PAGE 76 Page 123 of 282 Page 73 of 76 RESOLUTION NO. PAGE 77 Page 124 of 282 Page 74 of 76 RESOLUTION NO. PAGE 78 Page 125 of 282 Page 75 of 76 RESOLUTION NO. PAGE 79 Page 126 of 282 Page 76 of 76 RESOLUTION NO. PAGE 80 Page 127 of 282