HomeMy WebLinkAboutR-11451 adopting authority for the City Manager to appropriate AB 939 and SB 1383 feesR 11451
RESOLUTION NO. 111451 (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO DELEGATE APPROPRIATION AUTHORITY
TO THE CITY MANAGER FOR CALIFORNIA INTEGRATED WASTE
MANAGEMENT ACT OF 1989 (AB939) AND SENATE BILL 1383 FEES
WHEREAS, the City Council adopted the 2023-25 Financial Plan on June 6, 2023,
which established comprehensive financial and policy guidelines for Fiscal Years 2023-
24 and 2024-25; and
WHEREAS, the California Integrated Waste Management Act of 1989 (AB939)
and Senate Bill 1383 (SB1383) Short-Lived Climate Pollutants state that any
AB939/SB1383 fees collected from the solid waste franchised hauler must be used
exclusively to pay for state-mandated activities that reduce the amount of waste sent to
the landfill (waste diversion); and
WHEREAS, the 2023-25 Financial Plan includes the Fund Balance & Reserve
Policy, which delegates authority to the City Manager to transfer assigned fund balance
into unassigned fund balance, such as between designation accounts, but does not
delegate authority to the City Manager to appropriate the unassigned fund balance; and
WHEREAS, the Solid Waste and Recycling Program is a General Fund program,
but is funded by AB939/SB1383 fees; and
WHEREAS, a designation account was created to maintain proper accounting and
monitoring of unspent AB939/SB1383 fees; and
WHEREAS, the State of California’s aggressive waste diversion goals of 75
percent organic waste diversion by 2025 and increased regulatory scrutiny make waste
diversion activities difficult to predictably budget as part of the City’s usual budgetary
practices; and
WHEREAS, necessary projects generated from unfunded mandates can be
unexpected and urgent so City Manager approvals for use from the designation account
allow timeliness of performing these unanticipated waste diversion tasks.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
DocuSign Envelope ID: 4C8FBFA6-ACDA-4BE4-BB44-151C814AB5F7
Resolution No. 11451 (2023 Series) Page 2
R 11451
1. That the above recitals are true and correct.
2. The City Manager is delegated authority to appropriate AB939 /SB1383 fees
from the undesignated fund balance, after transferring from the assigned fund
balance, compliant with the Fund Balance & Reserve Policy and corresponding
legislation.
3. That the Director of Finance shall take all necessary steps to implement these
actions as soon as practical
Upon motion of Vice Mayor Marx, seconded by Council Member Shoresman, and
on the following roll call vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3rd day of October 2023.
___________________________
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
DocuSign Envelope ID: 4C8FBFA6-ACDA-4BE4-BB44-151C814AB5F7
10/17/2023 | 7:37 AM PDT