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