REPORT TO THE CITY COUNCIL
March 23, 2017
FROM: THOMAS C. ESQUEDA, Director
Department of Public Utilities
BY: JERRY L. SCHUBER SR., Assistant Director
Department of Public Utilities - Solid Waste Management Division
SUBJECT
Title
Actions pertaining to replacing the entity to serve as the Integrated Waste Management Local Task Force in Fresno County:
1. RESOLUTION - Authorizing Dissolution of the Fresno-Clovis Metropolitan Solid Waste Commission and Granting Approval for Termination of the JPA and MOU by Mutual Agreement, and acceptance of the remaining Enterprise Trust Fund monies split evenly between the City of Fresno, the City of Clovis, and the County of Fresno
2. RESOLUTION - Authorizing the designation of the AB 939 MOU Committee to serve in the capacity and perform the functions of the Integrated Waste Management Local Task Force, in order to facilitate the development of AB 939 related plans and programs that are best accomplished and coordinated on a regional basis
Body
RECOMMENDATIONS
Staff recommends City Council adopt the above resolutions pertaining to replacing the entity to serve as the Integrated Waste Management Local Task Force in Fresno County.
EXECUTIVE SUMMARY
Each County in California is mandated by the state to designate an Integrated Waste Management Local Task Force (LTF) to serve as the primary forum for discussion of AB 939 compliance-related issues, working with the County as the Lead Agency to identify the regional AB 939-related programs/services to be provided under the MOU and implementing those MOU-related programs. This does not preclude any Jurisdiction from implementing its own local program(s) and/or from participating in, or establishing any additional entities for addressing its own local AB 939 compliance issues. Previously the Fresno-Clovis Metropolitan Solid Waste Commission (Commission) operated as the LTF for Fresno County, but it has become obsolete as the Assembly Bill 939 Memorandum of Understanding Committee (AB 939 MOU Committee) has taken shape. The proposed resolutions will allow the City to work with other member jurisdictions to dissolve the inactive and obsolete Commission, and terminate the associated Joint Power Agreement (JPA) and Memorandum of Understanding (MOU) by mutual agreement. The dissolution of the sub-regional commission and consolidation of activities through the existing Assembly Bill 939 Memorandum of Understanding Committee (AB 939 MOU Committee) will aid in the efficient management of countywide state-mandated programs and plans (e.g., education, public outreach, household hazardous waste management programs, and Non-Disposal Facility Plan updates, etc.). The County of Fresno and the City of Clovis governing bodies will bring this matter before their decision-making bodies upon the City’s approval.
BACKGROUND
The City participates in various commissions and committees that were created to provide cooperation between public agencies to manage solid waste programs and facilities.
The Commission and AB 939 MOU Committee
In the late 1960s and 1970s, the City, the County, and the City of Clovis, in response to the newly adopted County Solid Waste Management Plan, executed a Joint Powers Agreement and related Memorandum of Understanding to create the Fresno-Clovis Metropolitan Solid Waste Commission (Commission). The Commission was vested with authority to site, operate facilities, and implement regional programs for the urban area.
The subsequent passage of Assembly Bill 939 in 1989 required each County and City to establish and implement jurisdiction-specific recycling and diversion plans. In 1993, the County, in coordination with the 15 incorporated cities, adopted an AB 939 Memorandum of Understanding (MOU) to address state-mandated solid waste programs, develop plans, and clarify the responsibilities of the County in on-going planning and implementation of regional countywide programs. The MOU created an “AB 939 MOU Committee” which includes a representative of each of the jurisdictions within the County and functions as a countywide planning agency for regional solid waste and recycling programs and activities.
With the implementation of AB939, the Commission has become duplicitous and has fallen inactive. The first Resolution authorizes dissolution of the Commission and associated JPA and MOU, in light of the increased activity of AB 939 MOU Committee and the LTF, discussed below.
Integrated Waste Management Local Task Force
The California Integrated Waste Management Act of 1989 required each County to form an Integrated Waste Management Local Task Force. The LTF reviews and approves the local and countywide planning documents (e.g., Source Reduction and Recycling Elements (SRREs), Household Hazardous Waste Elements (HHWEs), Non-Disposal Facility Elements (NDFEs), Integrated Waste Management Plan (IWMP) and Countywide Siting Element (CSE)), which were developed to comply with AB 939 regulations. Fresno County’s LTF was formed in 1990 and was comprised of fifteen members. The membership included nine members appointed by the Board of Supervisors; two members appointed by the Commission; two members appointed by the Southeast Regional Solid Waste Commission; and two members appointed by the West County Solid Waste Planning Commission.
All three Commissions are moving forward to dissolve as they have become obsolete, and LTF staff is recommending the LTF be restructured to incorporate jurisdictional representatives who have a vested interest in meeting state-mandated goals. Locally, staff and other jurisdictions in the County propose the AB 939 MOU Committee serve as the LTF. The second attached Resolution approves the restructuring of the LTF and authorizes the AB 939 MOU Committee to serve as the LTF.
ENVIRONMENTAL FINDINGS
This is not a “project” for the purposes of CEQA pursuant to CEQA Guidelines § 15378(b)(4), as it is a fiscal governmental action that will not result in direct or indirect physical changes to the environment.
LOCAL PREFERENCE
Local preference was not considered because there is not a bid or an award of a contract.
FISCAL IMPACT
There is no financial impact to the General Fund. Upon approval of this recommended action will result in disbursement of the balance in the FCMSW Commission account. Solid Waste Enterprise Fund is anticipated to receive 1/3rd of the FCMSW Commission account balance or approximately $7,600.
Attachments:
Resolution: Restructuring the LTF into the AB 939 (Attachment 1)
Resolution: Dissolving FCMSWC, granting termination of the JPA, and acceptance enterprise trust fund monies (Attachment 2)