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HomeMy WebLinkAbout09 - Revised Effective Date to an Amendment of the Waste Disposal Agreement9-1 NEWPORT BEACH City Council Staff Report COUNCIL STAFF REPORT CITY OF February 9, 2016 Agenda Item No. 9 ABSTRACT: On April 14, 2015, the City Council approved an Amendment to the 2009 Waste Disposal Agreement (WDA Amendment). A revision to the effective date to the WDA Amendment is requested to allow additional time for the County to secure all city approvals. This WDA Amendment will maintain stable disposal rates and continuity of service for residents and businesses while ensuring continued partnership between all 34 cities and the County. RECOMMENDATION: Adopt Resolution No. 2016-27, A Resolution of the City Council of the City of Newport Beach, California, Approving the Revised Effective Date to an Amendment to the 2009 Waste Disposal Agreement with the County of Orange, to allow for the continued importation of waste at the County’s three landfills and to extend the terms of the Waste Disposal Agreement through June 30, 2025. FUNDING REQUIREMENTS: There is no expenditure of funds related to this item. DISCUSSION: In April 2015, the City Council approved the WDA Amendment with the County to provide for continuation of waste importation at the County’s three landfills and to extend the terms of the WDA through June 30, 2025. This agreement provides low, stable disposal rates to member agencies. The WDA Amendment established an TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:Dave Kiff – City Manager 949-644-3001; dkiff@newportbeachca.gov PREPARED BY:Rob Houston – Assistant to the City Manager 949-644-3033; rhouston@newportbeachca.gov TITLE:Revised Effective Date to an Amendment of the Waste Disposal Agreement Revised Effective Date to an Amendment of the Waste Disposal Agreement February 9, 2016 Page 2 9-2 effective date of September 30, 2015. Not all cities were able to approve WDA Amendments by the September 30, 2015 date. However, as the outstanding issues have been resolved, the County is requesting all cities approve an updated amendment. This updated amendment requires approval by all 34 cities. The revision to the WDA Amendment updates the Effective Date from June 30, 2016 to June 30, 2025 to allow the County to import waste from outside the County and provides for a revenue sharing to the member agencies. All other terms and conditions that were negotiated in the April 2015 WDA Amendment remain in full force and effect. It is recommended that the City Council adopt Resolution No. 2016-27 to approve the revised effective date to June 30, 2016. The County Board of Supervisors approved this effective date modification at their September 22, 2015 meeting. ENVIRONMENTAL REVIEW: Staff recommends the City council find this action not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 1506(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A – Resolution No. 2016-27 Attachment B – Amendment to Waste Disposal Agreement Attachment A 9-3 RESOLUTION NO. 2016 - ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE REVISED EFFECTIVE DATE TO AN AMENDMENT TO THE 2009 WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE. WHEREAS, the City has an existing Waste Disposal Agreement (the Waste Disposal Agreement) with the County of Orange (the “County”) which requires the City to dispose of all specified solid waste generated within the City to County landfills and for the County to accept all such waste at a price agreed upon by the City and County; and WHEREAS, the Waste Disposal Agreement became effective on or about July 23, 2009, and by its term is set to expire on June 30, 2020; and WHEREAS, the Waste Disposal Agreement provides that the County will not accept waste imported from outside the County at County landfills after June 30, 2016; and WHEREAS, an Amendment to the Waste Disposal Agreement (the “Amendment”) has been negotiated between the County and various cities throughout Orange County to provide for continuation of importation of waste from outside the County at County landfills in exchange for allocation to the cities of a portion of future importation revenues and to extend the terms of this activity within the Waste Disposal Agreement to June 30, 2025; and WHEREAS, the City Council desires to ensure that solid waste generated within the City can be disposed of in an environmentally safe manner and at a reasonable cost for the near future; and WHEREAS,the proposed Amendment furthers these goals by, among other things, ensuring that solid waste generated within the City can be disposed of at County landfills through June 30, 2025; that the landfills will be operated in an environmentally safe and reliable manner; and that the cost of disposing of solid waste at County landfills will be reasonable; and WHEREAS,on April 14, 2015, by Resolution No. 2015-26, the City of Newport Beach approved the Amendment in which the effective date to be no later than September 30, 2015; and WHEREAS, the County has requested a revision to the effective date of the Amendment from September 30, 2015 to June 30, 2016 (“Revised Effective Date”). NOW, THEREFORE,the City Council of the City of Newport Beach resolves, finds and determines, on the basis of the facts set forth in the agenda report presented to it 9-4 and any testimony received at the meeting at which this matter was considered, as follows: Section 1.The foregoing recitals are true and correct. Section 2.The City Council hereby finds and determines that the Revised Effective Date to the Amendment to the Waste Disposal Agreement between the County of Orange and the City of Newport Beach (“Amendment”) furthers the public health, safety and welfare. Section 3.The City Council hereby finds and determines that the Revised Effective Date shall be amended into the terms and provisions of the Amendment, in the form as submitted by the City Manager, are approved and that the Mayor is authorized to execute, and the City Clerk to attest, the Amendment on behalf of the City. Section 4.The officers and employees of the City are authorized and directed, jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this Resolution and to administer the City's obligations, responsibilities and duties to be performed. ADOPTED this ____ day of _________, 2016. ______________________ Diane B. Dixon Mayor ATTEST: __________________________ Leilani I. Brown City Clerk Attachment B 9-5 Attachment B 9-6 Attachment B 9-7 Attachment B 9-8 Attachment B 9-9 Attachment B 9-10 Attachment B 9-11 Attachment B 9-12