DATE: December 6, 2016
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Dissolve the Fresno-Clovis Metropolitan Solid Waste Commission and the West County Solid Waste Planning Committee; approve in concept the designation of the Assembly Bill 939 Memorandum of Understanding Committee as the Integrated Waste Management Local Task Force, upon the concurrence of the cities in accordance with statutory requirements
RECOMMENDED ACTION(S):
TITLE
1. Direct staff to dissolve the Fresno-Clovis Metropolitan Solid Waste Commission, which is comprised of the City of Fresno, the City of Clovis, and the County of Fresno, authorize the Director of Public Works and Planning to initiate the termination process for the corresponding Joint Powers Agreement and adopt Resolution authorizing the dissolution and distribution of any remaining Enterprise Trust Fund monies evenly between the three jurisdictions.
2. Direct staff to dissolve the West County Solid Waste Planning Committee, which is comprised of the cities of Coalinga, Firebaugh, Huron, Kerman, Mendota, San Joaquin, and the County of Fresno, authorize the Public Works and Planning Director to initiate the termination process for the corresponding Joint Powers Agreement and adopt Resolution authorizing the dissolution of the West County Solid Waste Planning Committee.
3. Approve in concept and direct staff to pursue restructuring of the current Integrated Waste Management Local Task Force, to designate the Assembly Bill 939 Memorandum of Understanding Committee to serve in the capacity and perform the functions of the Fresno County Integrated Waste Management Local Task Force, conditioned upon concurrence of the cities in accordance with statutory requirements.
REPORT
The recommended actions will allow the County to begin the process to coordinate with the various partnering jurisdictions to dissolve the inactive and obsolete commission and committee, and to commence the process to terminate the respective Joint Power Agreements (JPA’s). Upon receipt of the cities’ respective resolutions, concurring with the decision to dissolve and terminate the JPA’s, staff will return to the Board with an agenda item for final Board approvals. These actions will allow the County, as the lead agency of the 16 jurisdictions within Fresno County, to continue to implement countywide Assembly Bill (AB) 939 and other State-mandated programs and plans which include education, public outreach, and household hazardous waste (HHW) management programs under the existing Assembly Bill 939 Memorandum of Understanding Committee (AB 939 MOU Committee). The dissolution of the sub-regional commission and committee and consolidation of activities through the countywide AB 939 MOU Committee will aid in the efficient management of countywide solid waste programs.
ALTERNATIVE ACTION(S):
The Board may deny or postpone recommended actions No. 1 and No. 2 and direct staff to continue managing these non-essential and inactive commissions and committees. The Board may also deny or postpone recommended action No. 3. If recommended action No.3 is denied or postponed it will delay the County’s potential approval and submittal of countywide planning documents that address regulatory requirements for the siting of solid waste facilities that assist with meeting state-mandated regulations.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. The work associated with this agenda item is budgeted in the Public Works and Planning - Resources Org 9015 FY 2016-17 Adopted Budget and funded by the County’s Solid Waste Management Program surcharge fees.
DISCUSSION:
Fresno County has several commissions and committees that were created to provide cooperation between public agencies within the County to manage solid waste programs and facilities.
• Fresno-Clovis Metropolitan Solid Waste Commission (FCMSWC)
• West County Solid Waste Planning Committee (WCSWPC)
• Integrated Waste Management Local Task Force (LTF)
• AB 939 MOU Committee
Fresno County is the lead agency for each of the commissions and committees and provides staff support and administration. Some of the functions of these commissions and committees overlap and are duplicative. These agreements were executed in the late 1960s and 1970s in response to the newly adopted County Solid Waste Management Plan. The FCMSWC has the ability to site and operate facilities and implement regional programs. The WCSWPC was formed as a sub-regional planning group.
Fresno-Clovis Metropolitan Solid Waste Commission
The FCMSWC can be dissolved upon mutual agreement between the Board of Supervisors, the Fresno City Council, and the Clovis City Council. On March 23, 2016, the FCMSWC met and approved the dissolution by a vote of 5-0 and directed staff to prepare requisite documentation to request approvals from your Board and the governing bodies of the Cities of Fresno and Clovis to refund monies equally between the three jurisdictions. Currently there is a balance of approximately $23,500 in the FCMSWC account. If recommended action No. 1 is approved, staff will coordinate with representatives of the cities to present to their governing bodies resolutions for the dissolution of the FCMSWC as well as termination of the associated Joint Powers Agreement.
West County Solid Waste Planning Committee
The WCSWPC can be dissolved if four parties withdraw from the Committee. Therefore, the Board of Supervisors and three out of the six City Councils can disband the Committee by mutual agreement. On October 27, 2016, the WCSWPC met and approved the dissolution and directed staff to prepare requisite documentation to request approvals from your Board by a vote of 4-0 including votes by the County representative and representatives from the cities of Coalinga, Huron, and San Joaquin. If recommended action No. 2 is approved, staff will coordinate with representatives of the cities to present to their governing bodies resolutions for the dissolution of the WCSWPC as well as termination of the associated Joint Powers Agreement.
Staff has consulted with the FCMSWC and the WCSWPC and each of these agencies supports the incorporation of their responsibilities into the countywide AB 939 MOU Committee.
Integrated Waste Management Local Task Force
The California Integrated Waste Management Act of 1989 (Assembly Bill 939, Sher, Chapter 1095, Statues of 1989 [AB 939]), required that each County form an Integrated Waste Management Local Task Force to review and approve the local and countywide planning documents developed pursuant to AB 939. Fresno County’s LTF was formed in 1990 and met regularly to review the local Source Reduction and Recycling Elements (SRREs), Household Hazardous Waste Elements (HHWEs), Non-Disposal Facility Elements (NDFEs), Countywide Integrated Waste Management Plan (IWMP) and Countywide Siting Element (CSE). The LTF reviews amendments to the local and countywide planning documents and the Five-Year Countywide Plan Update.
Pursuant to the requirements of AB 939, the LTF is appointed by a double majority of the jurisdictions within the County (a majority of the jurisdictions with a majority of the population). The Board of Supervisors, the City of Fresno City Council, and seven additional City Councils within the County can designate the membership of the LTF.
The County, in coordination with the 15 incorporated cities, adopted an AB 939 Memorandum of Understanding (MOU) in 1993 to clarify the responsibilities of the County in on-going planning and implementation of 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.
Staff recommends that the Board approve the attached resolutions. The resolutions provide for the dissolution of the FCMSWC, and the WCSWPC, authorize, and approve in concept the designation of the AB 939 MOU Committee to serve in the capacity and perform the functions of the Fresno County Integrated Waste Management Local Task Force, conditioned upon concurrence of the cities in accordance with statutory requirements. The recommended actions would allow the County to streamline these activities and functions, enhance countywide coordination and cooperation for current and future solid waste programs, and reduce and consolidate oversight and administrative functions. Upon approval of the recommended actions, staff will work with the various impacted jurisdictions to finalize the dissolution and termination of the JPA’s; return to the Board for approval of a Budget Resolution to distribute the Enterprise Funds; and return with a successor MOU for Board approval.
REFERENCE MATERIAL:
Board Agenda Item #11, June 28, 1977
Board Agenda Item, August 23, 1977
Board Agenda Item #20, July 24, 1990
Board Agenda Item #7, January 6, 2009
Board Agenda Item #35, January 13, 2009
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolutions
CAO ANALYST:
John Hays