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
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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
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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
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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
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