HomeMy WebLinkAboutResolution 2021-070RESOLUTION NO. 2021-070
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, 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, IWMA is in part supported through the 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, 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; 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; and
WHEREAS, the continued participation of the remaining member agencies of the IWMA
is critical for the JPA's ongoing viability as a regional organization and regionalism in solid waste
City of Atascadero
Resolution No. 2021-070
Page 2 of 3
provides an economy of scale, ensures consistent education and outreach among member 0"
jurisdictions; and
WHEREAS, Atascadero has been a member agency of the IWMA since its inception, and
the IWMA has been a critical partner in assisting the City in meeting compliance with multiple
State mandates, including preparation for and implementation of SB 1383.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
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.
ii) Remove the eight -member voting provision stated in Section 8.5.
iii) Add a provision to the Agreement which limits the IWMA's ability to adopt,
impose, or implement any rule, regulation, policy, or ordinance in excess of
the State requirements.
iv) Consider a provision to the Agreement to ensure that adopted rules,
regulations, policies, or procedures are flexible and strive to minimize the
very real financial, operational and logistical impacts to businesses and
residents while achieving State compliance. n
V) Consider a timeline for notice that must be given prior to a member q
choosing to withdraw from IWMA that should not be less than six months.
b) The revised JPA Agreement must be fully executed as soon as possible and consistent
with Government Code Section 6503.5, appropriate notice of amendment to the JPA
shall be filed with the California Office of the Secretary of State.
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 consider recommendations to reduce costs and
minimize expenses. The report must be completed and distributed to all JPA
members.
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.
P"
Ono
City of Atascadero
Resolution No. 2021-070
Page 3 of 3
PASSED AND ADOPTED at a regular meeting of the City Council held on the 9th day of
November, 2021.
On motion by Council Member Bourbeau and seconded by Council Member Funk, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
Council Members Bourbeau, Dariz, Funk, and Mayor Moreno
NOES:
None
ABSENT:
Mayor Pro Tem Newsom
ADOPTED:
None
APPROVED TO FORM:
Brian A. ierik, City Attorney
CITY OF ATASCADERO
Hea er oreno, Mayor