HomeMy WebLinkAboutR-11283 remain a Member Agency of the IWMA JPAR 11283
RESOLUTION NO. 11283 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO REMAIN A MEMBER AGENCY OF THE SAN
LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY JOINT POWERS AUTHORITY (JPA) PROVIDED CERTAIN
CONDITIONS ARE SATISFIED
WHEREAS, the Integrated Waste Management Authority (“IWMA”) is a JPA
comprised of the County of San Luis Obispo, (“County”) seven local agencies (Arroyo
Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis
Obispo) and a representative of the Community Services District. The IWMA manages,
on behalf of its members, hazardous waste, universal waste, solid waste, recycling, and
food/green waste; and
WHEREAS, 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.
The IWMA staff is responsible for administration of 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 imposed on all solid waste ratepayers; 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, in October 2019, the IWMA passed a countywide ordinance banning
polystyrene products. The ordinance was controversial because it exceeded State
requirements. In March 2020, the IWMA board opted to delay implementation of the
ordinance by 12 months. In November 2020, the IWMA board adopted a new strategic
plan that committed the agency to implementing and not exceeding State regulatory
requirements. In April 2021, the IWMA board considered revoking the polystyrene product
ban. However, the ban was upheld after invocation of a Supermajority provision written
into the JPA; and
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WHEREAS, a series of events contributed to the County commissioning a third-
party study of costs for the County to withdraw from the IWMA and independently fulfill
all essential functions of the IWMA. The study assessed additional costs of $1.6 to $2.1
million per year to unincorporated rate payers and staffing of five new full-time positions
to fulfill the programmatic needs for compliance with State mandates. According to the
study, to cover 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 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 by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City hereby declares 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 Authority Agreement shall be revised as follows:
i) Remove the five County Supervisors as voting board members of the
IWMA effective immediately; and
ii) Remove the eight-member voting provision stated in Section 8.5; and
iii) 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.
c) The IWMA must also take the following actions:
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 recommendation 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 Board shall evaluate and implement those
recommendations to reduce costs and minimize expenses. The report
must be completed and distributed to all JPA members.
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SECTION 2. This Resolution shall take effect on the date it is approved. The City
Manager or their designee is directed to deliver this approved resolution to the IWMA’s
Acting Executive Director and Executive Committee.
Upon motion of Vice Mayor Christianson, seconded by Council Member
Shoresman, and on the following roll call vote:
AYES: Council Member Marx, Pease, and Shoresman, Vice Mayor
Christianson, and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19th day of October 2021.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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10/21/2021 | 7:45 AM PDT