PREPARED BY: AMANDA BOOTH DATE OF MEETING: 09/16/2024
SUBJECT:
TITLE
CONSIDER CITY COUNCIL AUTHORIZATION TO RATIFY A COMMENT LETTER TRANSMITTED ON SEPTEMBER 5, 2024 BY SAN PABLO MAYOR PATRICIA PONCE TO WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY (WCCIWMA/RECYCLEMORE) JOINT POWERS AUTHORITY BOARD OF DIRECTORS CHAIR ANTHONY TAVE REGARDING SB 1383 MEMORANDUM OF UNDERSTANDING (MOU) LANGUAGE
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Authorize by Minute Order
Body
Compliance statements
FY 2023-25 Council Priority Workplan Compliance Statement
Major Policy Goal: Build a Healthy Community is an adopted policy contained in the FY 2023-25 Council Priority Workplan, effective May 1, 2023.
CEQA Compliance Statement
This is not a project as defined by CEQA
BACKGROUND
The City of San Pablo is a member agency of the West Contra Costa Integrated Waste Management (WCCIWMA) Joint Powers Authority (Recyclemore JPA).
Since September 2021, the City of San Pablo has been working with RecycleMore JPA staff to develop a Memorandum of Understanding (MOU) between the City of San Pablo and Recyclemore JPA to establish roles, responsibilities, and requirements in regard to the implementation of SB 1383 as required by the State of CA and regulated by Cal-Recycle. Unfortunately, after three years and seven rounds of comments, there are still significant concerns in the current draft language of the MOU document.
Despite these ongoing collaborative efforts, one version of the SB 1383 MOU has been agreed to by two (2) member agencies (i.e. Hercules and Pinole). However, the three (3) remaining member agencies (i.e. El Cerrito, San Pablo and Richmond) are still not in mutual agreement with Recycelmore JPA staff on the proposed version of the SB 1383 MOU language in its current form.
Alternatively, for formal consideration, the City has proposed a more suitable draft MOU with proposed language that supports the City’s collective interests, and is more acceptable to the City. However, to date, the City and Recyclemore JPA staff have not come to a suitable resolution on the SB 1383 MOU document.
Comment Letter from Mayor Ponce
In an effort to work toward a more collaborative resolution, the City formally requested that the Recyclemore JPA Board of Directors (Board) direct Recyclemore JPA staff to schedule a joint meeting with other member agencies who have not reached agreement on the SB 1383 MOU language to finalize a mutually beneficial agreement for all parties involved prior to any scheduled Recyclemore JPA Board approval. This formal request and the City’s concerns along with preferred SB 1383 MOU language changes were outlined in a comment letter from Mayor Ponce to Recyclemore JPA BOD Chair Anthony Tave, and transmitted both electronically and mailed on September 5, 2024 (See Attachment).
Additionally, the City of El Cerrito transmitted a similar letter of concern on September 4, 2024 to Recyclemore JPA staff reflecting the same consideration and request on reaching mutually agreeable terms and language changes to the SB 1383 MOU document.
City Manager Recommendation
Therefore, following transmittal of said official comment letter to from Mayor Ponce to Recyclemore JPA Board Chair Anthony Tave on September 5, 2024, the City Manager requests that the City Council ratify said letter transmitted for formal consideration by majority vote via minute action authorization this evening.
FISCAL IMPACT
Currently, there is no financial impact to the City at this time.
ATTACHMENTS
Att A - Letter transmitted on 09/05/24 from Mayor Ponce to Recyclemore Board Chair Tave re: SB 1383 Memorandum of Understanding Language