SR - AGR-2763.A.2 - WASTE DISPOSAL COUNTY LANDFILLSAGENDA ITEM
February 9, 2016
c�UNTY CAti
TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto
City Manager
FROM: Lisa L. Kim
Economic D e op en anager
I. SUBJECT
ReviewedNerified B
City Manager
Finance Direct
To Be Presented By:
Lisa Kim
X Cons Calendar _
City Mgr Rpts
Council Reports _
Legal Affairs
Boards /Cmtes _
Public Hrgs
Admin Reports
Plan /Environ
Resolution No. 10922 - A Resolution of the City Council of the City of Orange approving an
Amendment to the 2009 Waste Disposal Agreement with the County of Orange.
2. SUMMARY
In April 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.
3. RECOMMENDATION
Approve Resolution No. 10922.
4. FISCAL IMPACT
There is no fiscal impact to the General Fund in FY 15 -16.
5. STRATEGIC PLAN GOAL(S)
4. Provide outstanding public service
b. Provide facilities and services to meet customer expectations.
2. Be a fiscally healthy community.
a. Expend fiscal resources responsibly.
ITEM �A Co 1 02/09/16
6. GENERAL PLAN IMPLEMENTATION
Infrastructure Goal 2.0: Reduce the amount of waste material entering regional landfills with an
efficient and innovative waste management program.
Policy 2.1: Provide sufficient levels of solid waste service throughout the community.
7. DISCUSSION and BACKGROUND
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.
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.
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. The WDA Amendment established an effective date of September
30, 2015. Unfortunately by the original expiration date of September 30 not all cities were able
to approve WDA Amendment. However, as the County attempts to resolve the outstanding
issues raised by host cities, 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 April 2015 WDA
Amendment remain in full force and effect.
It is recommended that the City Council adopt Resolution No. 10922 to approve the revised
effective date to June 30, 2016. The County Board of Supervisors approved this effective date
modification at their December 15, 2015 meeting.
8. ATTACHMENTS
• Resolution No. 10922
• Amendment to the WDA
NAEconomic Development Files \STAFF REPORTS\2016 \020916e_WDA Amendment.doc
ITEM 2 02/09/16
RESOLUTION NO. 10922
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE 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. 10856, the City of Orange 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 Orange 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: