R 5127 RESOLUTION NO. 5127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE TO REMAIN A MEMBER AGENCY OF THE
SAN LUIS OBISPO COUNTY INTEGRATED WASTE
MANAGEMENT AUTHORITY PROVIDED CERTAIN CONDITIONS
ARE SATISFIED
WHEREAS, the Integrated Waste Management Authority ("IWMA") is a Joint Powers
Authority ("JPA") comprised of 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 several special districts (the Avila Beach, California Valley, Cambria, Ground
Squirrel Hollow, Heritage Ranch, Los Osos, Nipomo, Oceano, San Miguel, San Simeon, and
Templeton Community Services Districts, and the Cayucos Sanitary District) that are
represented on the IWMA Board of Directors by one special district appointee;
WHEREAS, the IWMA manages, on behalf of its members, hazardous waste, universal
waste, solid waste, recycling, and food/green waste and the IWMA is a way for JPA members
to pool resources and cost-effectively comply with various solid waste and other regulations
including, but not limited to, Senate Bill (SB) 1383, the recently enacted Short Lived Climate
Pollutants regulations;
WHEREAS, the IWMA staff is responsible for administering over 40 different solid waste
programs including household hazardous waste collection, electronics waste collection, and
sharps disposal, and many of which require public education and outreach, monitoring, and
reporting to the State; and
WHEREAS, the City supports the IWMA through payment of solid waste management
fees collected from solid waste ratepayers by the City's waste hauler; and
WHEREAS, the IWMA Board of Directors adopted Resolution NO. 21-06-02 on June 9,
2021, increasing the IWMA's solid waste management fees to address the increased costs
associated with SB 1383 and establishing an effective date of October 1, 2021, which the Board
of Directors subsequently delayed until January 1, 2022; and
WHEREAS, the IWMA is presently helping all member agencies comply with SB 1383,
which is the most significant change to solid waste regulations in 30 years. SB 1383 requires
jurisdictions to implement an organic waste diversion program that includes providing organic
waste collection services to businesses and residences, edible food recovery goals, public
education and outreach, contamination monitoring and sampling activities, recordkeeping and
reporting, organic and edible food recovery, infrastructure capacity planning, procurement of
recovered organic waste products and enforcement; and
WHEREAS, the County commissioned a third-party study of costs for the County to
withdraw from the IWMA and independently fulfill all essential functions of the IWMA, which
RESOLUTION NO. 5127
PAGE 2
concluded, as presented to the County Board of Supervisors in August 2021, that five new full-
time positions and multiple programs would be needed and would result in additional costs to
the County of$1.6 million to $2.1 million per year. To cover these projected cost increases, the
County would need to immediately increase solid waste rates by 10% to 12% for residents in
unincorporated areas; and
WHEREAS, on August 10, 2021, the County Board of Supervisors held a hearing to
decide whether to withdraw from the IWMA. The County Board of Supervisors voted to withdraw
from the IWMA and implement an independent County solid waste compliance program; and
WHEREAS, the County's financial and program analysis and subsequent August 10,
2021 decision to withdraw did not include policy analysis or consideration regarding how
withdrawal would financially impact remaining JPA member rates; and
WHEREAS, on September 14, 2021, the County Board of Supervisors passed a
resolution to formally notify the IWMA of its intent to withdraw on November 15, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does
hereby declare, determine, and order as follows:
SECTION 1. The foregoing Recitals are true, correct and are incorporated herein.
SECTION 2. The City hereby declares its intent to remain a member agency of the San Luis
Obispo County Integrated Waste Management Authority (IWMA) subject to the following
conditions:
a) The IWMA Joint Powers Agreement shall be revised, following consultation with the City
Manager and City Attorney, to address the following:
i) Remove the five County Supervisors as board members of the IWMA effective
immediately; and
ii) Remove the eight-member voting provision stated in Section 8.5; and
iii) Alter the notice requirement contained in Section 13.2 to require at least six
months' notice to the IWMA in the event that a member intends to withdraw from
the IWMA; and
iv) Add a provision to the Agreement which clearly and directly limits the IWMA's
ability to adopt, impose, or implement any rule, regulation, policy, or ordinance in
excess of the State requirements.
b) The revised JPA Agreement must be fully executed as soon as possible but not before
completion of item (c) below, with particular emphasis on items (ii) and (iii).
c) The IWMA must also take the following actions:
RESOLUTION NO. 5127
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i. Begin recruitment and diligently pursue hiring a permanent Executive Director as
soon as practical; and
ii. Hire a third-party firm with solid waste management expertise to analyze fees,
staffing structures and make recommendations for any programs and services that
are not required by, or are in excess of, State solid waste regulations. The report
shall identify potential cost saving measures and the IWMA Board shall review and
implement those recommendations to reduce costs and minimize expenses. The
report must be reviewed by the managers of the IWMA's member agencies before
it is finalized and implemented; and
iii. Provide all information necessary to support the adoption of fees that meet all
applicable legal requirements, including any information needed by the member
agencies to implement the IWMA's fees as determined through coordination with
the managers of the member agencies; and
iv. Rescind IWMA Resolution No. 21-06-02 and coordinate with the member
agencies' managers before adopting any other increases to the IWMA's fees.
d) The City intends to continue evaluating the cost-effectiveness of remaining a member of
the IWMA as compared to its other options, such as contracting with another agency for
its waste management regulatory services or developing its own program to meet its
regulatory requirements, and reserves its right to withdraw from the IWMA in the future.
SECTION 3. This Resolution shall take effect immediately upon adoption. The City Manager or
their designee is directed to promptly deliver this adopted Resolution to the IWMA's Interim
Executive Director and Executive Committee.
On motion of Mayor Ray Russom, seconded by Council Member George, and by the following
roll call vote, to wit:
AYES: Mayor Ray Russom, Council Members George, Storton, Barneich, and Paulding
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 9th day of November, 2021.
RESOLUTION NO. 5127
PAGE 4
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CAREN RA r'' SSOM, MAYOR
ATTEST:
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JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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WHITNEY ' DONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTH J. CARMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5127 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 9th day of November, 2021.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of
November, 2021.
JESSICA MATSON, CITY CLERK