CC 2021-11-09_11a IWMA Second Amendment_PP Presentation
CONSIDERATION OF APPROVAL OF SECOND AMENDMENT TO THE INTEGRATED WASTE MANAGEMENT AUTHORITY (IWMA) JPA, FIRST AMENDMENT TO THE IWMA MEMORANDUM OF AGREEMENT, AND RESOLUTION DECLARING THE
CITY’S INTENT TO REMAIN A MEMBER OF THE IWMA SUBJECT TO CONDITIONS
11/09/2021
City Council
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Background
San Luis Obispo County Integrated Waste Management Authority (IWMA)
Joint Powers Authority formed in 1994
Comprised of
County of San Luis Obispo
Seven cities (Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo)
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)
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Background
IWMA Background Cont.
Governed by
First Amended Joint Powers Agreement
Memorandum of Agreement between the IWMA’s member jurisdictions and the special districts in the County with activated solid waste powers
Thirteen-member Board of Directors
all five County Supervisors
one elected representative from each of the seven cities
one elected representative from the participating special districts
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Background
IWMA Role and Responsibilities
Responsible for meeting the member agencies’ waste diversion and other waste management requirements imposed by the State
Implement SB 1383 requirements, e.g.:
Prepare model ordinance
Assist in negotiations of franchise agreement amendments
Conduct outreach and education for customers
Monitor and report to CalRecycle
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Background
County Withdrawal from IWMA
May 18, 2021 - County commissioned third-party study of costs to assess the fiscal impacts of the County’s withdrawal from the IWMA on County customers
August 10, 2021 - County Board of Supervisors voted to withdraw from the IWMA and implement an independent County solid waste compliance program
September 14, 2021 - County Board of Supervisors passed Resolution to formally notify the IWMA of its intent to withdraw
November 15, 2021 – effective date of County withdrawal
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The study determined five new full-time positions and multiple programs would be necessary to meet the service level necessary for compliance with SB1383 and historically provided by
the IWMA. The cost of implementing a new program at the County was estimated to be between $1.6 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 not served by authorized special districts. The County’s analysis did not include consideration
of how withdrawal would financially impact remaining JPA members, or the policy and JPA issues raised from such a withdrawal.
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JPA/MOU Amendments
October 13, 2021 - IWMA Board of Directors approved as to form an amendment to the JPA and to the MOU
Removes the County and enables the Board of Directors to continue to meet and conduct the necessary business of the IWMA
Both documents must be approved by all of the remaining members of the IWMA to become effective
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The study determined five new full-time positions and multiple programs would be necessary to meet the service level necessary for compliance with SB1383 and historically provided by
the IWMA. The cost of implementing a new program at the County was estimated to be between $1.6 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 not served by authorized special districts. The County’s analysis did not include consideration
of how withdrawal would financially impact remaining JPA members, or the policy and JPA issues raised from such a withdrawal.
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Resolution of Intent
Proposed Resolution of Intent to Remain in the IWMA Subject to Conditions
Other cities adopting similar resolutions
Items in City’s Resolution that differ from other cities appear in red text
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Resolution of Intent
Arroyo Grande’s Proposed Conditions:
Revise the JPA, following consultation with the City Manager and City Attorney, to address the following:
Remove the five County Supervisors as board members of the IWMA effective immediately; and
Remove the eight-member voting provision stated in Section 8.5; and
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
*also requested by Pismo Beach
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.
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Resolution of Intent
Arroyo Grande’s Proposed Conditions:
Take the following additional actions:
Hire permanent Executive Director as soon as practical; and
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.
Identify potential cost saving measures
IWMA shall implement recommendations to reduce costs
Report must be reviewed by the managers of the IWMA’s member agencies before it is finalized and implemented; and
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Resolution of Intent
Arroyo Grande’s Proposed Conditions:
Take the following additional actions (cont.):
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
Rescind IWMA Resolution No. 21-06-02 and coordinate with the member agencies’ managers before adopting any other increases to the IWMA’s fees.
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Resolution of Intent
Arroyo Grande’s Proposed Conditions:
Execute Revised JPA as soon as possible
City will continue evaluating the cost-effectiveness of remaining a member of the IWMA as compared to its other options
City reserves its right to withdraw from the IWMA in the future
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Resolution of Intent
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Resolution of Intent
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Resolution of Intent
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Recommendation
Approve the Second Amendment to the San Luis Obispo County Integrated Waste Management Authority (“IWMA”) Joint Powers Agreement;
Approve the First Amendment to the Memorandum of Agreement (MOA) between the member jurisdictions of the IWMA and the authorized districts; and
Adopt a Resolution declaring the City’s intent to remain a member of the IWMA so long as certain conditions are met.
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