HomeMy WebLinkAbout13 ADOPT RESOLUTION NO. 16-19 TO APPROVE REVISED EFFECTIVE DATE TO AN AMENDMENT OF THE WASTE DISPOSAL AGREEMENT13
Agenda
AGENDA REPORT Ree ed.m
v
` City Manager
Finance Director i
MEETING DATE: APRIL 5, 2016
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFFREY C. PARKER, CITY MANAGER
SUBJECT: ADOPT RESOLUTION 16-19 TO APPROVE REVISED EFFECTIVE DATE
TO AN AMENDMENT OF THE WASTE DISPOSAL AGREEMENT
SUMMARY
On May 5, 2015, the City Council approved an Amendment to the 2009 Waste Disposal Agreement
(WDA Amendment) to provide for continuation of importation of waste at the County landfills, City
allocation of future importation revenues and to extend terms of the WDA through June 30, 2025. 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. 16-19 approving a Revised Effective Date to the WDA Amendment between the
County of Orange and City of Tustin to allow for the continued importation of waste at the County's
three landfills and to extend the terms of the WDA through June 30, 2025.
FISCAL IMPACT
The agreement will have a positive impact to the fiscal fund of a minimum of $76,648. The
amendment provides future importation revenue to the City of Tustin and stabilizes disposal rates.
CORRELATION TO THE STRATEGIC PLAN
This agreement contributes to the fulfillment of the City's Strategic Plan, Goal C: evaluate all City
services and identify ways to improve cost neutrality, specifically by conducting a comprehensive fee
analysis and determine appropriate levels of cost recovery.
Additionally, this agreement contributes to the fulfillment of the City Strategic Plan, Goal D: stay
active in the region by providing leadership for and maintaining a strong presence in regional planning
and transportation issues.
DISCUSSION/BACKGROUND
The disposal of solid waste at Orange County landfills is governed by a 2009 Waste Disposal
Agreement in which cities in the County have agreed to deposit their solid waste at the County's three
landfill facilities in return for low, stable disposal rates. The term of the current WDA began on July 1,
2010 and runs through June 30, 2020 with importation of waste from outside the County at County
landfills set to expire on June 30, 2016.
Grant of Easement to SCE over Portion of Centennial Park
March 15, 2016
Page 2
An Amendment to the Waste Disposal Agreement (WDA Amendment) was negotiated by a
committee of City Managers representing Orange County cities and the County to address the
reduction in revenues and to ensure rate stabilization for local residents and businesses.
Implementation of the WDA Amendment requires approval by all 34 cities.
On May 5 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. The WDA Amendment established an effective date of September 30, 2015.
Unfortunately by the original expiration date of September 30, 2015, not all cities were able to
approve WDA Amendment. However, as the outstanding issues have been resolved, the County is
requesting all cities to approve an updated amendment. This updated amendment requires approval
by all 34 cities.
The revision to the WDA Amendment updates the Effective Date from September 30, 2015 to June
30, 2016. All other terms and conditions that were negotiated in the May 2015 WDA Amendment
remain in full force and effect.
It is recommended that the City Council adopt Resolution No. 16-19 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.
Attachment: Resolution 16-19
Amendment to Waste Disposal Agreement
C:\Users\ERabelAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\RA5BIOCQ\1 Waste Disposal
Agreement Amendment.docx
RESOLUTION NO. 16-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE REVISED EFFECTIVE DATE TO AN AMENDMENT TO THE 2009 WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE
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
2ccept waste imported from outside the County at County landfills after June 30, 2016;
2nd
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 May 5, 2015, by Resolution No. 15-25, the City of Tustin
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, 2115 to June 31, 2116 ("Revised Effective
NOW, THEREFORE, the City Council of the City of Tustin resolves, finds and
determines, on the basis of the facts set forth in the agenda report presented to it 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 Orange ("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.
PASSED AND ADOPTED at a regular meeting for the City Council of the City of
Tustin held on the 5th day of April, 2016.
ATTEST:
ERICA N. RABE
City Clerk
JOHN NIELSEN,
Mayor
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Rabe, City Clerk and ex -officio Clerk of the City of Tustin, California, do
hereby certify that the whole number of the members of the City Council is five; that the
above and foregoing Resolution No. 16-19 was duly and regularly passed and adopted
at a regular meeting of the City Council held on the 5th day of April, 2016, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE,
City Clerk
00 N. Flower, Suite 4
Santa Ana, CA 92703
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CITY OF TUSTIN
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City Manager
City of Tustin
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subdivision of the State of California (the"County"), and the City designated on the cover page of this
Amendment, a general law or charter city and political subdivision of the State of California (the
The County owns, manages and operates a sanitary landfill system for the disposal of
municipal solid waste generated by the cities and the unincorporated area within the County (the
"Disposal System"). The Disposal System includes three active landfills and four regional household
hazardous waste collection centers.
The [Xupouai Systern is used for the disposal of municipal solid vvomte which is not
recycled or other -wise diverted from landfill disposal, pursuant to the California Integrated Waste
Management Act of 1989 (Division 30 of the Califomia Public Resources Code) (the "Act").
The County has entered into waste disposal agreements in2OO9(1hc"(}dginai Waste Disposal
Agreements") with all of the cities in the County, including the City, as well as certain sanitary districts
located in the County (dzc "Participating Cideu`^). pursuant to which the County agreed to provide
disposal capacity for vvoo1e generated in or under the control of the Participating Cities, and the
Participating Cities agreed 10deliver orcause the delivery ofwaste generated inorunder the control of
the Participating Cities to the Disposal System, as more specifically set forth in, and subject to the
terms and conditions of, the Original VVou1e Disposal Agreements.
The City has determined that the execution o[this Amendment bythe City iuinthe best interest
of the City and will serve the public health, safety and vve|tsre by providing greater disposal rate
stability, more predictable and reliable long-term disposal service, and sound environmental
management.
The County has determined that the execution bythe County ofthis Amendment will serve the
public health, safety and vve|tbrc by providing u more stable, predictable and reliable supply of
municipal solid vvumtc and the resulting service payment revenue to the Disposal System, thereby
enabling the County tnplan, manage, operate and finance improvements tothe Disposal System ono
more prudent and sound long term, businesslike basis consistent with its obligations tothe B1a1c and
the holders ofobligations secured byits Disposal System.
Official action approving this Amendment and detconiuing it to be in the public interest and
authorizing its execution and delivery was duly taken bythe County onthe County authorization date
indicated onthe cover page hereof.
Official action approving this Amendment and determining it to be in the public interest and
authorizing its execution and delivery was duly taken by the City on the City authorization date
indicated onthe cover page hereof.
2O|6Amendment wWaste Disposal Agreement
Section 1. Amendment to Original Waste Disposal Agreement.
(a) Sections 3.6(C) and 3.6(E) of the Original Waste Disposal Agreement are deleted and
replaced in their entirety, as set forth below:
"(C) Receipt of Imported Acceptable Waste on a Contract Basis. Throughout the Term
hereof, the County shall have the right to enter into a contract or other agreement with any
municipal or private non -County entity for the delivery of Imported Acceptable Waste on
terms and conditions that the County determines to be necessary to ensure and enhance the
viability of the Disposal System for the benefit of the County and the Participating Cities and to
generate Net Import Revenues. The County certifies that in its good faith judgment the contract
or other agreement for the delivery of such waste will not materially and adversely affect the
ability of the County to receive and dispose of Acceptable Waste from the Participating Cities
in accordance with the applicable Disposal Agreements throughout the Term thereof. "
"(E) Application and Use of Revenues From Other Users. (1) Throughout the term
hereof, all revenues received by the County from the disposal of County Acceptable Waste by
the Disposal System, and all revenues received by the County from the disposal of Imported
Acceptable Waste by the Disposal System (including amounts received by the County as a
result of the failure of contract counterparties to deliver minimum required amounts of
Imported Acceptable Waste) , shall be deposited by the County in the County OC Waste &
Recycling Enterprise Fund and shall constitute revenues of the Disposal System. Pursuant to
the County's Plan of Adjustment, the County is entitled to receive net revenues (after payment
of all costs attributable to the acceptance of such Imported Acceptable Waste at the Disposal
System) ("Net Import Revenues") from the disposal of Imported Acceptable Waste by the
Disposal System. Costs attributable to the disposal of Imported Acceptable Waste include
deposits to the Environmental Fund, deposits to closure and postclosure reserves, City host
fees (if applicable), operating costs (such as manpower expenditures, equipment, services and
supplies expenditures), state surcharges, and a pro rata share of capital project costs. Net
Import Revenues shall be used for the payment of bankruptcy related obligations until payment
in full of such bankruptcy related obligations required to be paid from such Net Import
Revenues pursuant to the Plan of Adjustment. It is estimated that payment in full of such
bankruptcy related obligations required to be paid from such Net Import Revenues pursuant to
the Plan of Adjustment will occur by the end of Fiscal Year 2017-18.
(2) Until the County's obligation to apply Net Import Revenues for the payment of
bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in
full, Net Import Revenues shall be calculated as provided in Section (3.6)(E)(1). For any
period after the County's obligation to apply Net Import Revenues for the payment of
bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in
full, Net Import Revenues shall be calculated as follows:
(i) in Fiscal Year 2017-18, Net Import Revenues for each ton of Imported Acceptable
Waste received shall be equal to the revenues received for the disposal of such ton of Imported
Acceptable Waste (excluding any newly established per -ton fees or increases to existing
per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory
agencies or cities in which facilities in the Disposal System are located) in excess of $17.57 per
ton;
(ii) in Fiscal Year 2018-19, Net Import Revenues for each ton of Imported Acceptable
Waste received shall be equal to the revenues received for the disposal of such ton of Imported
2016 Amendment to Waste Disposal Agreement
Acceptable Waste (excluding any newly established per -ton fees or increases to existing
per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory
?gencies or es in which facilities in the Disposal System are located) in excess of $18.01 per
ton;
(iii) in Fiscal Year 2019-20, Net Import Revenues for each ton of Imported Acceptable
Waste received shall be equal to the revenues received for the disposal of such ton of Imported
Acceptable Waste (excluding any newly established per -ton fees or increases to existing
per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory
agencies or cities in which facilities in the Disposal System are located) in excess in excess of
$18.46 per ton; and
(iv) thereafter, Net Import Revenues shall be equal to 30% of the revenues received by
the County from the disposal of Imported Acceptable Waste (excluding any newly established
per -ton fees or increases to existing per -ton fees with respect to Imported Acceptable Waste
payable to the State, other regulatory agencies or cities in which facilities in the Disposal
System are located).
(3) After the County's obligation to apply Net Import Revenues for the payment of
bankruptcy related obligations in accordance with the Plan of Adjustment has been satisfied in
full (i) 50% of any Net Import Revenues (as calculated pursuant to Section 3.6(E)(2)) shall be
Q,aid to the County General Fund- and6i) 50% of such Net Im,,Port Revenues shall be Paid to the
Participating Cities (and to the County, with respect to the unincorporated area) listed in
Appendix 5 for use for any purpose by the Participating City, including but not limited to state
mandated solid waste programs. Payments of such amounts to the County General Fund and
the Participating Cities shall be made by the County within 90 days after the end of each fiscal
year. The portion of Net Import Revenues specified above payable to the Participating Cities
shall be apportioned in the percentages set forth in Appendix 5.
(4) The percentages set forth in Appendix 5 with respect to each Participating City will
be adjusted at the end of Fiscal Year 2019-20 to reflect the percentage of actual deliveries of
Acceptable Waste from each Participating City as compared to the total amount of actual
deliveries from all of the Participating Cities during Fiscal Years 2017-18, 2018-19, and
2019-20. The County shall notify each Participating City of the revised p.
i i
pendix 5 within 120 days after the end of Fiscal Year 2019-20. The revised percentages will
be used for the allocation of Net Import Revenues generated during Fiscal Year 2020-21 and
thereafter.
(b) Section 4.2(A)(z) is added to the Original Waste Disposal Agreement (immediately
following Section 4.2(A)(y)) as follows:
"(z) decrease the amount of Net Import Revenues otherwise payable to the County
General Fund and the Participating Cities pursuant to Section 3.6(E)(2) and Section 3.6(E)(3)
?,nd use the amount of such decrease to pay costs of the Disposal System."
(c) Section 6.1 (A) and Section 6. 1 (B) of the Original Waste Disposal Agreement are deletAll
and replaced in their entirety with the following:
r_1 I
2016 Amendment to Waste Disposal Agreement
(A) Initial Term. This Agreement shall continue in full force and effect until June
30, 2025, unless earlier terminated in accordance with its terms, in which event the Term shall
be deemed to have expired as of the date of such termination.
(B) Option to Renew. This Agreement shall be subject to renewal by mutual
agreement of the parties, on or before June 30, 2023, for an additional to of ten years (the
"Renewal Term") on the same terms and conditions as are applicable during the Initial Term
hereof. The City shall give the County written notice of its irrevocable election to renew this
Agreement on or before June 30, 2022. If the parties do not renew this Agreement by June 30,
2023, the Agreement shall expire on June 30, 2025."
(d) The first sentence of Section 6.1(C) of the Original Waste Disposal Agreement is deleted in
its entirety and replaced with the following:
"In connection with the parties' right to renew this Agreement for an additional ten-year to
pursuant to Section 6.1( ), the parties shall, on or before June 30, 2023, negotiate an applicable
change in the Contract Rate for such renewal term."
(e) Appendix 2 of the Original Waste Disposal Agreement is deleted in its entirety and
replaced with the form attached hereto.
(0 Appendix 5 shall be added to the Original Waste Disposal Agreement as a new appendix, in
the form attached hereto.
(g) All other terms and conditions of the Original Waste Disposal Agreement shall remain in
full force and effect.
Section 2. Initial Payment. As consideration for the execution of this Amendment by all of the
Participating Cities, and subject to the occurrence of the Amendment Effective Date pursuant
to Section 3, the County agrees to pay, from the County OC Waste & Recycling Enterprise
Fund, the Amendment Payment to the Participating Cities listed in Appendix 5. The aggregate
Amendment Payment shall be $5,400,000, and shall be distributed to the individual
Participating Cities (including the City) in the percentages set forth in Appendix 5 by
September 30, 2016.
Section 3. Effectiveness of Amendment, The provisions of this Amendment shall not becona
effective unless and until the Amendment has been executed by the County and all of t
Participating Cities. The date on which the County and all of the Participating Cities ha
executed the Amendment shall be the "Amendment Effective Date." The County shall gi
written notice of the Amendment Effective Date to the City. In the event that the Amendme
Effective Date does not occur by June 30, 2016, this Amendment shall be automatical
terminated and the County shall have no obligation to make the Amendment Payment.
Section 4. REPRESENTATIONS AND WARRANTIES OF THE PARTIES. Each of t
parties to this Amendment represent and warrant that it is a political subdivision of the State
.11
California validly existing under the Constitution and laws of the State and (ii) it has dul
.?.Ythise,itk,eexecyti*A?,"-• ielive?-y*lftkis.-'4meAt,gxikgsiylyexecyte.i.2.�(,iieliveriI
the Amendment.
FINN -02M
A I I other terms and conditions ot the 21�IOT�r7l!—ri—gi—na-rllastC--P.Pisposa I Agreement not specifica
changed by this Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF. COUNTY and CITY have caused this Amendment to be executed
by their duly authorized officers or representatives as of the day and year first above written.
City Manager
City of Tustin
2016 Amendment »uWaste Disposal Agreement
County Acceptable Waste Tonnage Target to be Used
for Purposes of Section .()
1 ,
1
2016 Amendment to Waste Disposal Agreement
Tonnage
Cumulative
2,724,250
2,724,250
2,681,153
5,405,403
2,638,746
8,044,149
2,597,017
10,641,166
2,558,522
13,199,688
2,520,605
15,720,293
2,483,256
18,203,549
2,483,256
20,686,805
2,483,256
23,170,061
2,483,256
25,653,317
MaRM-13
Totals
2016 Amendment to Waste Disposal Agreement
100%
$5,400,000
Allocation Percentage for
Allocation of
L!!Y-
Purposes of Section 3.6
Initial Payment
Anaheim
13.18%
$711,509
Aliso Viejo
0.67
36,416
Buena Park
2.34
126,275
Brea
2.28
123,085
Costa Mesa
2.18
117,936
Costa Mesa Sanitary District
1.48
79,976
Cypress
2.56
138,115
Dana Point
0.99
53,278
Fullerton
4.10
221,271
Fountain Valley
1.76
95,217
Garden Grove/
GG Sanitary District
7.17
387,197
Huntington Beach
6.13
330,807
Irvine
8.22
444,036
Laguna Beach
1.14
61,796
Laguna Hills
0.74
40,098
Laguna Niguel
1.36
73,341
Laguna Woods
0.41
22,274
La Habra
1.69
91,431
Lake Forest
2.45
132,214
La Palma
0.32
17,325
Los Alamitos
0.58
31,362
Mission Viejo
2.42
130,902
Newport Beach
3.68
198,946
Orange
4.90
264,468
Placentia
1.58
85,116
Rancho Santa Margarita
1.11
60,009
Santa Ana
10.60
572,184
San Clemente
1.40
75,728
San Juan Capistrano
1.23
66,420
Seal Beach
0.82
44,292
Stanton
1.62
87,287
Tustin
1.42
76,648
Villa Park
0.21
11,081
Midway City Sanitary
District (Westminster)
2.13
114,893
Yorba Linda
1.78
96,344
County Unincorporated
3.35
180,723
Totals
2016 Amendment to Waste Disposal Agreement
100%
$5,400,000