TO: Napa-Vallejo Waste Management Authority Board of Directors
FROM: Chris Celsi, Executive Director
REPORT BY: Chris Celsi, Executive Director
SUBJECT: Determination of Members’ Calendar Year 2023 Waste Quantities
RECOMMENDATION
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Approval of the Determination of the Members' 2023 Calendar Year Waste Quantities used to set the next Fiscal Year's weighted voting, as set forth in Section 8.3(c) of the Authority's Joint Powers Formation Agreement.
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EXECUTIVE SUMMARY
Based on the requirements contained in Sections 8.3(c) and 8.5 of the Joint Exercise of Powers Agreement, the following voting percentages for Calendar Year 2023 have been determined.
City of Vallejo 48%
City of Napa 24%
City of American Canyon 9%
County of Napa 19%
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
BACKGROUND AND DISCUSSION
Based on the requirements contained in Sections 8.3(c) and 8.5 of the Joint Exercise of Powers Agreement (JPA), the following voting percentages for Fiscal Year 2023-24 have been determined: City of Vallejo 48%; City of Napa 24%; City of American Canyon 9% and the County of Napa 19%.
The Authority’s Joint Powers Formation Agreement Section 8.3(c), states, "A majority vote of all of the Directors representing two thirds of the waste entering the Authority's Solid Waste facilities during the prior calendar year, as defined in Section 8.5, shall be necessary in order to approve any of the following:
i. the construction budget for the Transfer Facility
ii. the annual operating budget of the Authority in excess of debt service on Revenue Bonds and the payment to the transfer station operator;
iii. the issuance, execution or delivery of Revenue Bonds;
iv. any change in a budget exceeding 10% of the total amount of that budget;
v. any amendment to or the termination of this Agreement;
vi. voting rules regarding the approval of contracts between the Authority and any one or more Members
(it being understood that all such contracts must be approved pursuant to rules adopted in this manner); and
vii. the admission of an additional member or a substitute member including by means of assignment."
Section 8.5 Determination of Members' Calendar Year's Waste Quantities. "As part of the fiscal year budget setting process, the determination of the Members' prior calendar years’ waste quantities shall be made and approved by the Authority's Board of Directors. The recorded waste tonnage quantities delivered to the Authority's Facilities from each of the Members' franchised solid waste collection companies for the prior calendar year of January 1 to December 31 shall be used to set the next Fiscal Year's weighted voting as described in Section 8.3(c)."
The attached table details the 2023 calendar year’s waste tonnage delivered by the four members’ franchisees and includes data from the two (2) prior calendar years for historical reference