HomeMy WebLinkAbout10 - CC-6 - Resolution Approving a Revised Effective - 12/1/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 1, 2015 ITEM NUMBER: CC -6
SUBJECT: A RESOLUTION APPROVING A REVISED EFFECTIVE DATE TO THE WASTE DISPOSAL
AGREEMENT AMENDMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF
COSTA MESA
DATE: NOVEMBER 19, 2015
FROM: PUBLIC SERVICES DEPARTMENT/ADMINISTRATION
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: MIKE KOZIEL, MANAGEMENT ANALYST, (714) 754-5024
RECOMMENDATION:
Adopt Resolution No. 15-_ revising the effective date of the Waste Disposal Agreement (WDA)
Amendment (Attachment 1) between the County of Orange and the City to allow for the continued
importation of waste at the County's three (3) landfills and to extend the terms of the WDA through
June 30, 2025.
BACKGROUND:
The Costa Mesa City Council approved the Amendment to the Waste Disposal Agreement with the
County of Orange on June 2, 2015 (Attachment 2). The Amendment would only have become
effective with the approval of all City WDA holders, and to date all City WDA holders have approved
the Amendment, except for the City of Irvine. The Board of Supervisors has authorized an extension
through December 31, 2015 to allow the City of Irvine additional time to address concerns or
questions. Each city in the County must now approve of the extension.
The proposed 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. The
committee of City Managers reports that outstanding issues have been resolved, and it is likely that
the WDA Amendment will receive the required unanimous approval.
ANALYSIS:
In June 2, 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 30th, not all the cities were able to approve
the WDA Amendment. However, as the outstanding issues have been resolved, the County is
requesting that all the 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 September 30, 2015 to
December 31, 2015. All other terms and conditions that were in the WDA Amendment approved
June 2, 2015 remain in full force and effect.
ALTERNATIVES CONSIDERED:
The alternative to this Council action would be to reject the extension, resulting in a potential loss of
revenues to the City listed as per Appendix 5 of the Amendment to the WDA noted in the June 2,
2015 Council Report, and per terms detailed in the Amendment. If the agreement to provide the
extension is rejected, it would also potentially show a lack of interest in maintaining cooperation in a
long-term partnership between the County of Orange and Costa Mesa and other Orange County
cities resolving to adopt the amendment.
FISCAL REVIEW:
There is no fiscal impact to the City's General Fund in FY15-16 relative to the amended WDA.
LEGAL REVIEW:
The City Attorney has reviewed the Agreement to Extend the Deadline for all cities in the County to
approve the Waste Disposal Agreement with the County of Orange, Resolution 15-_, and has been
approved as to form.
CONCLUSION:
Therefore staff recommends that the City Council approve a revision to the effective date to the WDA
Amendment as requested to allow additional time for the County to secure all city approvals.
ERNESTO MUNOZ
Public Services Director
MIKE KOZIEL
Management Analyst
ATTACHMENTS: 1 - Resolution No. 15-
2 - City Council Report of June 2, 2015 and the
Amendment to the WDA
DISTRIBUTION: Chief Executive Officer
Assistant Chief Executive Officer
Interim Finance Director
City Attorney
City Clerk
Staff
File