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HomeMy WebLinkAboutFD Hazardous Waste Program Funding Agreement Extension____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: April 6, 2020 Disposition: Resolution 14781 Agenda Item No: 4.f Meeting Date: April 6, 2020 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: FIRE Prepared by: David Catalinotto, Environmental Management Coordinator City Manager Approval: ______________ TOPIC: HAZARDOUS WASTE PROGRAM FUNDING AGREEMENT EXTENSION SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR EXTENSION OF THE AMENDED HAZARDOUS WASTE PROGRAM FUNDING AGREEMENT WITH THE MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY (JPA) RECOMMENDATION: Adopt the resolution approving the extension of the Hazardous Waste Program Funding Agreement BACKGROUND: On November 18, 1996, the City and the Marin County Hazardous and Solid Waste Management Joint Powers Authority (JPA) entered into the Hazardous Waste Funding Agreement, which allowed for the funding of the Marin Household Hazardous Waste (HHW) Facility and the Conditionally Exempt Small Quantity Generator (CESQG) program. The original agreement was amended in 2012. On January 26, 2012, the Amended Hazardous Waste Program Funding Agreement went into effect. Amendments to the Agreement included: new definitions; other HHW programs, including a Door-to-Door Universal Waste Pick-Up Program and Toxic Away Days in West Marin; JPA guidelines for funding the HHW Program and the CESQG Program; and a term length to continue through June 30, 2020. ANALYSIS: Staff has collaborated with JPA staff to extend the agreement for one year (with automatic one-year renewals incorporated if necessary) via a First Amendment. As the JPA is currently conducting an Organizational Assessment and Zero Waste Plan Update project, this approach allows the JPA to consider its larger goals and potential desired updates to this Agreement in concert with other potential changes. Additionally, the extension will allow the incoming Fire Chief to have time to provide input. The JPA requests that the City approve the extension to the funding agreement before its planned April 23, 2020 Executive Committee meeting in order to ensure its renewal before the June 30, 2020 termination date. Failure to approve an extension in a timely fashion could result in suspension of the Household Hazardous Waste collection program for Marin residents outside Novato. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 FISCAL IMPACT: The agreement provides for reimbursement of all of the City’s costs under the Amended Hazardous Waste Collection Program Agreement with the Marin Recycling & Resource Recovery Association, which also is being considered for a one-year term extension. These costs also include the City’s costs for the City Environmental Management Coordinator’s time in monitoring the Agreement and other administrative expenses. The First Amendment will allow for continuity of operations and continued reimbursement of City costs. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt resolution as presented. 2. Adopt resolution with modifications. 3. Take no action and allow the agreement to expire. RECOMMENDED ACTION: Adopt the Resolution ATTACHMENTS: 1. Resolution 2. Draft First Amendment to Amended Hazardous Waste Program Funding Agreement RESOLUTION NO. 14781 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR EXTENSION OF THE AMENDED HAZARDOUS WASTE PROGRAM FUNDING AGREEMENT WITH THE MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY (JPA) WHEREAS, the City Council adopted Resolution No. 9741 on November 18, 1996, authorizing the City Manager to execute a Household Hazardous Waste Agreement with the Marin County Hazardous and Solid Waste Joint Powers Authority (JPA), providing for the disposal at the City’s approved facility of household hazardous waste and conditionally exempt small quantity generator waste; and WHEREAS, Section 4 of the agreement obligates the JPA to impose and collect fees to cover the City of San Rafael’s budgeted cost for the acceptance and management of hazardous wastes; and WHEREAS, the City entered into the Amended Hazardous Waste Collection Program Agreement (“Collection Agreement”) dated January 26, 2012, with Marin Recycling & Resource Recovery Association (“Company”) pursuant to which Company is operating the permanent collection facility for Approved Hazardous Waste at 565 Jacoby Street in the City of San Rafael, originally undertaken pursuant to the Hazardous Waste Program Collection Agreement between the City and Company, dated September 14, 1995; and WHEREAS, the JPA and the City entered into the Hazardous Waste Program Funding Agreement (“Agreement”), dated July 1, 1996 and an Amended Hazardous Waste Program Funding Agreement (“Amended Agreement”) in 2012, pursuant to which the City accepted for disposal at the Hazardous Household Waste Facility of Approved Hazardous Waste generated within the boundaries of the member jurisdictions of the JPA in accordance with the City’s Collection Agreement with the Company, and implemented other Household Hazardous Waste programs within the unincorporated areas of Marin County; and WHEREAS, the Amended Agreement is set to terminate on June 30, 2020, and the parties desire to extend the term of the Amended Agreement by one year, with optional automatic one-year renewals; NOW THERFORE, BE IT RESOLVED that the San Rafael City Council authorizes and empowers the City Manager of the City of San Rafael to execute in the name of the City of San Rafael a First Amendment to the Amended Hazardous Waste Program Funding Agreement, extending the term of the agreement by one year, with optional automatic one-year renewals, in a form approved by the City Attorney. BE IT FURTHER RESOLVED that the City Council of the City of San Rafael finds that the actions taken by the Resolution are exempt from review under the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b) (3) of the CEQA Guidelines because there is no possibility that they will have a significant effect on the environment as provided by CEQA. The City Clerk is hereby directed to file the necessary Notice of Exemption as provided under CEQA. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 6th day of April 2020 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk FIRST AMENDMENT TO AMENDED HAZARDOUS WASTE PROGRAM FUNDING AGREEMENT This First Amendment is entered into as of the Q day of 2020, by and between the City of San Rafael, a Charter City ("City"), 6nd the Marin County Hazardous and Solid Waste Management Joint Powers Authority ("JPA"). WHEREAS, the City holds a permit from Marin County Certified Unified Program Agency (CUPA) permitting the continuance of the Marin County Permanent Household Hazardous Waste Facility ("HHWF") and Conditionally Exempt Small Quantity Generator ("CESQG") programs, originally undertaken by the City pursuant to a variance permit issued by the California Department of Toxic Substances Control on October 18, 1993; and WHEREAS, the City entered into the Amended Hazardous Waste Collection Program Agreement ("Collection Agreement") dated January 26, 2012, with Marin Recycling & Resource Recovery Association ("Company"), attached hereto as Exhibit C, pursuant to which Company is operating the permanent collection facility for Approved Hazardous Waste at 565 Jacoby Street in the City of San Rafael, originally undertaken pursuant to the Hazardous Waste Program Collection Agreement between the City and Company, dated September 14, 1995; and WHEREAS, the JPA and City entered into the Hazardous Waste Program Funding Agreement ("Agreement"), dated July 1, 1996, pursuant to which the City accepted for disposal at the HHWF of Approved Hazardous Waste generated within the boundaries of the member jurisdictions of the JPA identified in Exhibit B to the Agreement in accordance with the City's Collection Agreement with the Company; and performed other HHW programs within the unincorporated areas of Marin County; and WHEREAS, the JPA and City entered into an "Amended Hazardous Waste Program Funding Agreement" dated January 26, 2012 (the "Amended Agreement") which made certain amendments to the Agreement to clarify funding, documentation and new programs and extended the term of the Agreement; and WHEREAS, the Amended Agreement is set to terminate on June 30, 2020 and the parties desire to extend the term of the Amended Agreement as set forth in this First Amendment to the Amended Agreement; and WHEREAS, the City Council of the City and the governing board of the JPA have given prior approval to enter into this Amended Agreement; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows Section 8, Subsection A of the Amended Agreement (Term of Agreement and Termination) is hereby amended in its entirety to read as follows: 8. Term of Agreement and Termination A. The term of this Agreement shall commence upon March 1, 2012, and shall expire on June 30, 2021, unless terminated earlier as provided in Subparagraph B. hereafter. Upon expiration of the original term or any renewal term, this Agreement shall automatically be renewed for a one (1) year period unless, at least one hundred and eighty (180) days prior to the renewal date, either party provides to the other written notice of its desire not to automatically renew this Agreement. 2. The Amended Hazardous Waste Collection Program Agreement ("Collection Agreement") dated January 26, 2012, with Marin Recycling & Resource Recovery Association ("Company") attached hereto as Exhibit C is hereby added to the Agreement as Exhibit C. 3. Except as otherwise provided herein, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date set forth above. CITY OF SAN RAFAEL Jim Schu z City Manager ATTEST: �• Nom' ArG.L, Lindsay Lara City Clerk APPROVED AS TO FORM: 14L L �r City Attorney MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY Garrett o Board C a' APPRO AS T O�FjOR�M: l �� Jenna Br Counsel for Marin County Hazardous and Solid Waste Management JPA