HomeMy WebLinkAbout02/15/1994, 5 - JOINT POWERS AGREEMENT FOR FORMATION OF A REGIONAL INTEGRATED WASTE MANAGEMENT AUTHORITY illlll�l�ll�llllln�ll�l�llll I J MEETING DATE:
city
of san Luis OBispo
COUNCIL AGENDA REPORT ITEM NUMBER
FROM: John Moss PREPARED BY: Cyndi Butterfield
Utilities Director Solid Waste Coordinator
SUBJECT: Joint Powers Agreement for formation of a Regional Integrated Waste
Management Authority
CAO RECOMMENDATION:
Receive the report on the Joint Powers Agreement and by motion,
approve the terms of the agreement and authorize the Mayor to sign
the final agreement baring significant changes, and appoint a delegate
to the Authority board.
DISCUSSION
This report provides information on the content of the Joint Powers Agreement (JPA) for
formation of a regional Integrated Waste Management Authority. The document before you
has been developed by the Solid Waste Task Force (TF) and is recommended for approval
by the TF and the Council of Governments (COG). The proposed Authority would
administer the continued generation of State mandated documents and be responsible for
the final planning, implementation and management of specific programs and facilities
described in the Source Reduction and Recycling Element (SRRE) and the Household
Hazardous Waste Element (HHWE). Since all members must sign the same document, the
Council of Governments will integrate any changes made by jurisdiction boards at their
March 2, 1994 meeting and recirculate the final agreement for approval. If significant
changes are made, the JPA will come back to Council for review and approval.
Council Concerns about City Participation on a JPA
At the April 13, 1993 City Council meeting, Council members expressed concerns about City
participation in the proposed JPA which included:
The potential for development of a new, unneeded, layer of regional government.
The high costs of regional programs and facilities.
The potential for staff intensive regional government.
The need for equitable jurisdiction representation on the Authority board.
Staff Response to Council Concerns
Based on Council's concerns, staff developed a series of explicit recommendations designed
to shape a JPA that would address those concerns. The "Lean JPA" was circulated among
jurisdictions and discussed at TF meetings. All but one of the "Lean JPA" conditions have
been integrated into the current JPA draft recommended for approval as discussed below.
Equitable jurisdiction representation on the Authority board is discussed separately below.
City Of San UIS OBISPO
COUNCIL AGENDA REPORT
Solid Waste JPA
Page 2
How the Current JPA Incorporates City Recommendations
The JPA incorporates provisions for limiting the potential for a staff intensive, bureaucratic
model of regional government. Section 2. "Purpose" states that the Members enter the
agreement with the intent to operate the Authority:
With a minimum of regional staff.
By.maximizing the use of local resources, private sector participation and contract
services.
Provisions for limiting the projected high costs of programs and facilities in Sections 2. and
9. "Joint Operating Fund and Contributions" include:
Optional participation in facilities: This condition is our leverage to control costs.
It provides an incentive for contractors to meet our needs and provides the leverage
to require that facility designs show cost benefits to the City as well as to the region
before we agree to participate.
Minimizing regional staff.
Maximizing local resources, private sector participation and contract services.
Financial Commitments
The JPA does not commit Members to make general fund contributions for regional
programs or facilities. Section 9. states that "Funding sources shall be on an enterprise basis
or as determined by member agencies". This language was included by the Task Force to
indicate that funds for Authority programs and facilities will come from tipping fees
collected for services at landfills and facilities, and that Members also have the option to
determine other sources if they so choose.
Members retain the option of whether or not to dedicate funds to specific Authority
facilities. Section 9. also states that "No Member shall be obligated to make any
contributions of funds to the Authority for facilities to be established in accordance with
Section 5.1 or pay any other amounts on behalf of the Authority, other than as required by
this Section 9, without that Member's consent evidenced by a written instrument signed by
a duly authorized representative of that Member". This is the source of the optional
participation cited above as a method of assuring cost efficiencies.
Flow Control
With the right to decide whether or not to participate in a facility, Members retain the
ability to direct the flow of their waste and recyclable streams to specific landfills and
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WaGs COUNCIL AGENDA REPORT
Solid Waste JPA
Page 3
processing facilities. This is due to the previously cited language in Section 9. which states
that Members retain the option of whether or not to direct funds (tipping fees) and, as a
consequence their recyclables, to'a specific Authority facility.
Equitable Jurisdiction Representation on the Authori , Board
The recommended JPA embraces the COG organizational model of one council member
from each city and five supervisors from the County, all of whom have one vote. A quorum
consists of a majority of representatives including one County representative. Equity in the
voting structure is considered to be included by the supervote. Staff suggests that the ability
to maintain the option to participate in facilities and the leverage that this option provides,
offers additional effectiveness to the positions of individual members to control funds and
waste/recyclable streams.
Responsibility for Regional Compliance with State Mandates
Recent legislation allows regional agencies the ability to assume responsibility for member
compliance with State mandates. Section 3. on page 6 assigns this responsibility to the
proposed regional Authority. Section 12, however, qualifies this responsibility by clarifying
that each member jurisdiction remains ultimately liable for individual diversion levels.
Powers Within the JPA
The Authority will be a separate entity established to jointly exercise powers already held
by each member. In order to implement regional programs and facilities, the Authority will
have the basic powers to enter into contracts, accept grants, make plans, acquire and dispose
of real and personal property, sue and be sued, incur debts, establish fees and charges at
facilities, hire employees, issue revenue bonds and loan the proceeds,sell and lease facilities,
and to covenant with holders of revenue bonds on behalf of Members (Section 5.2).
Again, to provide the powers necessary to implement regional programs and facilities, the
JPA gives the Authority the power of eminent domain and the power to supersede Member
powers that are inconsistent with, or interfere with the exercise of Authority power. In
implementing the JPA, however, there are safeguards to protect the interest of individual
members as outlined above.
Effective Date
The JPA takes effect when it is executed by the governing bodies of at least four cities and
the County. Procedures for beginning Authority business and for guiding a smooth
transition from the COG to the Authority are being developed by a TF subcommittee on
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COUNCIL AGENDA REPORT
Solid Waste JPA
Page 4
which City staff is participating.
Development of Polity and Procedure Recommendations for the New Integrated Waste
Management Authority Board
At their January 6, 1994 meeting, the Solid Waste Task Force (TF) developed a
subcommittee charged with generating recommendations for policies and procedures for use
as starting points for the new Authority Board. John McCarthy, Paso Robles Public Works
Director, and City Solid Waste Coordinator Cyndi Butterfield will represent the Solid Waste
Technical Advisory Committee on this TF subcommittee.
The purpose of the procedures is to provide a framework for transition from the COG to
the Authority board and for initiating Authority business. Specific recommendations
considered so far include procedures for hiring an Authority manager, manager
qualifications, logistics of forming a new agency, bylaws, tasks for transition from COG to
the Authority, and membership and roles of the Authority TF and executive committee.
City staff intends to work closely with other jurisdictions to develop a thorough and simple
list of sequenced tasks and clearly defined procedure alternatives to offer the new Authority
board. These recommendations will be essential components to a successful Authority kick
off, efficient manager recruitment, and to timely implementation of programs and facilities.
We are moving rapidly toward the realization of a regional Integrated Waste Management
Authority which will be officially formed when four cities and the County sign the
agreement.
CONCURRENCES
Other jurisdictions have scheduled the JPA as follows:
2/7 Grover Beach 7:30 pm
2/8 Arroyo Grande 7:30 pm
2/14 Morro Bay 7:30 pm
2/15 Pismo Beach 1:30 pm
2/22 Atascadero 7:30 pm
3/1 Paso Robles 7:30 pm
Both the Finance Director and the City Attorney concur with the recommended action.
FISCAL IMPACT
There are no direct costs associated with approval and execution of the JPA. The long term
��� il�l�llll�pn � ll city of San LUIS OBISPO
MlaGe COUNCIL AGENDA REPORT
Solid Waste JPA
Page 5
fiscal impact of capital investments and ongoing costs of participating in Authority programs
and facilities is undetermined. This is due to the factor that costs associated with programs
and facilities in the SRRE and the HHWE are based on broad program descriptions and
high end projections. Specific cost projections are State requirements within the documents.
In some cases, program specifics are assumed in order to generate costs to satisfy State
requirements and are,therefore, not necessarily an accurate reflection of the finally designed
program.
The regional planning process to date has been funded by a $3 per ton tipping fee at
landfills. Specific program plans and final facility designs generated by the Authority will
produce information from which accurate costs can be projected. As stated earlier,
participation in regional facilities will be optional if not cost effective for the members.
Effective participation in the Authority will mean dedication of staff time to represent City
interests in the final planning, development and implementation of regional programs and
facilities, and to support the City Authority delegate.
All regional programs and facilities described in the SRRE and the HHWE are to be
financed by tipping fees collected at facilities and landfills. These fees will be covered by
rates for the various services provided. General fund contributions will not be necessary.
Attachment: Draft Joint Powers Agreement
COG staff report on JPA
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DECEMBER 89 1993
DRAFT JOINT POWERS AGREEMENT
TO ESTABLISH AN
INTEGRATED WASTE MANAGEMENT AUTHORITY
FOR THE CITIES AND COUNTY OF SAN LUIS OBISPO, CALIFORNIA
THIS JOINT POWERS AGREEMENT is made and entered into this day of
19 by and between the incorporated cities of Arroyo Grande,
Atascadero, El Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis
Obispo, all being municipal corporations of the State of California and located within the
boundaries of the County of San Luis Obispo, California, hereinafter called "CITIES," and
the County of San Luis Obispo, a body politic and corporate and a subdivision of the
State of California, hereinafter called "COUNTY," as follows:
WHEREAS, Section 6500, et sea., of the California Government Code (Title 1,
Division 7, Chapter 5, Article 1) provides for agreements between two or more public
agencies to jointly exercise any power common to the contracting parties, subject to
certain mandatory provisions contained therein; and
WHEREAS, it is desirable that a single agency be created by and with the consent
of CITIES and COUNTY to advise, plan for, suggest, and implement solutions to common
solid waste problems; assist with programs by utilizing the professional talents of the
various governmental jurisdictions in the County and of experts in various other fields and
to coordinate their efforts; and
WHEREAS, the California Integrated Waste Management Act (California Public
Resources Code section 40000 et sea.) and all regulations adopted under that legislation
requires, among other things, that certain public agencies in California make adequate
provision for solid waste management within their jurisdictions; and
WHEREAS, the CITIES and COUNTY have the power to plan, acquire., construct,
maintain,manage, regulate,operate and control facilities for the collection,transportation,
processing and disposal of the solid waste, including recyclables, generated within their
jurisdictions; and
WHEREAS, the CITIES and COUNTY believe that by combining their separate
powers they can achieve their waste diversion goals and satisfy the requirements of the
Integrated Waste Management Act more effectively than if they exercise those powers
separately; and
WHEREAS, the CITIES and COUNTY intend by this Agreement to exercise their
respective powers jointly and to exercise such additional powers as are available for the
purpose of achieving their waste diversion goals, complying with the Integrated Waste
Management Act and developing integrated resource recovery facilities for the benefit of
all CITIES and COUNTY; and
WHEREAS, the CITIES and COUNTY intend, pursuant to this Agreement, to
establish a regional agency in accordance with Public Resources Code Section 40973;
and
WHEREAS,the CITIES and COUNTY intend,pursuant to this agreement and Public
Resources Code Section 40973, that said regional agency, and not the CITIES and
COUNTY which are members of the regional agency, shall be responsible for compliance
with the waste diversion requirements set forth in the Public Resources Code, Article 1
of Chapter 6 (commencing with Section 41780); and
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WHEREAS, the CITIES and COUNTY desire to establish and confer upon a
separate legal entity the powers necessary to enable them to achieve their waste
diversion goals and to comply with the Integrated Waste Management Act.
NOW, THEREFORE, it is agreed as follows:
SECTION 1. Definitions.
To the extent that any of the following definitions conflict with any definition set forth in the
Califomia Integrated Waste Management Act, (PRC Sec. 40000 et seq.),and the
Regulations promulgated thereunder, said Act and/or Regulations shall take priority. The
terms defined in this Section that begin in this Agreement with quotation marks have the
following meanings:
1.1 "Act"means the California Integrated Waste Management Act of 1989
(California Public Resources Code Sections 40000 et sea.) and all regulations adopted
under that legislation, as that legislation and those regulations may be amended from
time to time.
12 "Agreement" means this Joint Exercise of Powers Agreement, as it
may be amended from time to time.
1.3 "Authority" means the San Luis Obispo County Integrated Waste
Management Authority, a joint exercise of powers agency created by the Members
pursuant to this Agreement.
1.4 "Board" means the Board of Directors of the Authority.
1.5 "City" means any Member that is a city, and "Cities" means all of the
Members that are cities.
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1.6 "Composting Facility" means a facility at which composting is
conducted and which produces a product meeting the definition of compost in Public
Resources Code (PRC) section 40116. ("Compost" means the product resulting from the
controlled biological decomposition of organic wastes that are source separated from the
municipal solid waste stream, or which are separated at a centralized facility. "Compost"
includes vegetable,yard and wood wastes which are not hazardous waste.and biosolids
where combined with other organic materials in a mature that consists largely of decayed
organic matter, and is used for fertilizing and conditioning land.)
1.7 "County" means the unincorporated areas of San Luis Obispo
County, California.
1.8 "Fiscal Year" means the period commencing on each July 1 and
ending on the following June 30.
1.9 "HHW" means household hazardous waste as described in the
household hazardous waste element as required by the Act (California Public Resources
Code Sections 40000 et seg.), as that element may be amended from time to time.
1.10 "HHWE"means the Household Hazardous Waste Element as required
by the Act (California Public Resources Code Sections 40000 et seg.) as that element
may be amended from time to time.
1 .11 "MRF" means a "materials recovery facility" which means a permitted
solid waste facility where solid wastes or recyclable materials are sorted or separated, by
hand or by use of machinery, for the purposes of recycling or composting. (Title 14, Ch.
9, Art. 3, Section 18720, "Definitions.") "MRF" means a transfer station which is designed
to, and, as a condition of its permit, shall recover for reuse or recycling at least 15
percent of the total volume of material received by the facility. (PRC 50000(a)(4).)
JPnDRF17.DEC93 -4- q
1.12 "Joint Facilities" means a materials recovery facility, composting or
HHW Facility, or combination thereof, which is located within the boundary of the
Authority and is owned by some or all of the members directly, or by the Authority, or by
private entity, for the benefit of some or all of the members.
1.13 "Manager" means the person hired and appointed by the Board as
the Authority's administrative officer to administer the affairs of the Authority and to effect
the policies of the Board.
1.14 "Member" means any of the signatories to this Agreement and
"Members" means all of the signatories to this Agreement.
1.15 "Revenue Bonds" means revenue bonds, notes, certificates of
participation and any other instruments and evidences of indebtedness issued by the
Authority from time to time pursuant to the Law or any other applicable law in order to
finance the MRF, any Joint Facilities or any Sole Use Facilities.
1.16 "Sole Use Facilities" means an integrated resource recovery facility,
performing one or more of the functions of a MRF, composting or HHW Facility which is
located within the boundary of the Authority and is owned by one member or a private
entity, but in all events is operated for the benefit of one or more, but not all, of the
Members.
1.17 "SRRE". means a Source Reduction And Recycling Element as
required by the Act (California Public Resources Code Sections 40000 et seg.), as that
element may be amended from time to time.
IPADRM.DEC93 -5-
SECTION 2. Purpose.
This Agreement is entered into for the purposes of providing for the joint exercise of
certain powers common to the Members and for the exercise of such additional powers
as are conferred by the Law in order to achieve our waste diversion goals. The Members
are each empowered by the laws of the State of Califomia to exercise the powers
specked in this Agreement and to comply with the provisions of the Act and other laws.
These common powers shall be exercised for the benefit of any one or more of the
Members or otherwise in the manner set forth in this Agreement.
The members enterthe agreement with the intent to operate the Authority with a minimum
level of staff,addressing those operations and programs that can be most cost-effectively
handled at the regional level by maximizing local resources, private sector participation,
and contract services provision.
SECTION 3. Creation of Authority.
3.1 The Members hereby create and establish an authority and public
entity to be known as the "San Luis Obispo County Integrated Waste. Management
Authority," (hereinafter referred to as Authority) it being understood that the Board shall
be entitled to change the Authority's name from time to time if it so chooses. The
Authority shall be a public entity separate from each of the Members.
32 The Authority shall constitute a regional agency pursuant to Public
Resources Code Section 40973. Said regional agency, and not the CITIES and COUNTY
JPADRF n.DU93 -6-
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which are members of the regional agency, shall be responsible for compliance with the
waste diversion requirements set forth in the Public Resources Code,Article 1 of Chapter
6 (commencing with Section 41780). In the event that the regional agency fails to comply
with said waste diversion requirements, it is expressly understood and agreed that
Section 12 of this Agreement shall provide for indemnification for the benefit of the
regional agency and its members as specifically set forth therein.
3.3 The assets, rights, debts, liabilities and obligations of the Authority
shall not constitute assets, rights, debts, liabilities or obligations of any of the Members.
However, nothing in this Agreement shall prevent any Member from separately
contracting for, or assuming responsibility for, specific debts, liabilities or obligations of
the Authority, provided that both the Board and that Member approve such contract or
assumption.
SECTION 4. Term.
The Authority shall become effective as of the date of this Agreement. It shall continue
until dissolved in accordance with Section 13 of this Agreement. However, in no event
shall the Authority be dissolved if its dissolution would conflict with or violate the terms
or conditions of any Revenue Bonds or related documentation including, without
limitation, indentures, resolutions and letter of credit agreements.
7PADRP77DEC93 -7-
SECTION 5. Powers.
5.1 The Authority is empowered to acquire,construct,finance, refinance,
operate, regulate and maintain a landfill, transfer station, a MRF, composting, HHW, or
Joint Facilities and Sole Use Facilities subject, however,to the conditions and restrictions
contained in this Agreement. The Authority shall also have the power to plan, study and
recommend proper solid waste management consistent with the Act and, to the extent
permitted by the Act, implement SRREs, and the HHWE and Siting Element for all or any
portion of the area included within the Authority's boundary.
52 To the full extent permitted by applicable law, the Authority is
authorized, in its own name, to do all acts necessary or convenient for the exercise of
such powers that each Member could exercise separately including,without limitation,any
and all of the following:
(a) to make and enter into contracts, including contracts with any
Member;
(b) to apply for and accept grants, advances and contributions;
(c) to contract for the services of engineers, attorneys,
accountants, planners, consultants, fiscal agents and other
persons and entities;
(d) to make plans and conduct studies;
(e) to acquire, improve, hold, lease and dispose of real and
personal property of all types;
(f) to sue and be sued in its own name;
(g) to incur and discharge debts, liabilities and obligations;
JPADPMDE03 '8'
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(h) to establish rates, tolls, tipping fees, other fees, rentals and
other charges in connection with the joint power facilities
identified in Paragraph 5.1 herein, as well as any and all
services provided by the Authority;
(i) to hire agents and employees;
Q) to exercise the power of eminent domain for the acquisition
of real and personal property;
(k) to issue Revenue Bonds, grant or bond anticipation notes, or
other governmental financing instruments, in accordance with
all applicable laws for the purpose of raising funds to finance
or refinance the acquisition, construction, improvement,
renovation, repair,operation, regulation or maintenance of the
facilities identified in Paragraph 5.1 herein;
(1) to sell or lease the facilities identified in Paragraph 5.1 herein;
(m) to loan the proceeds of Revenue Bonds to any person or
entity to finance or refinance the acquisition, construction,
improvement, renovation or repair of the facilities identified in
Paragraph 5.1 herein;
(n) to provide that the holders of Revenue Bonds, whether
directly or through a representative such as an indenture
trustee, be third party beneficiaries of any of the obligations
of any Member to the Authority and to covenant with the
holders of any Revenue Bonds on behalf of any such Member
JPADRMDE03 -9.
to perform such obligations and comply with any agreements
that Member may have with the Authority.
5.3 Such powers shall be exercised subject only to the limitations set
forth in this Agreement, applicable law and such restrictions upon the manner of
exercising such powers as are imposed by law upon the Members in the exercise of
similar powers. In no event shall the Authority be authorized to exercise any power not
expressly authorized. The Authority hereby designates San Luis Obispo County as the
Member required to be designated by Section 6509 of the Califomia Government Code.
5.4 1 and to the extent the Authority exercises a power granted to it
under this Agreement and the exercise of a Ike power by one or more Members within
its or their boundaries would be inconsistent with or likely to interfere with the exercise '
of that power by the Authority, that Member or those Members shall not exercise that
power; provided, however, that nothing in this Agreement shall limit a Member's right or
that of any commission, agency or other body or authority of any Member to adopt,
amend or implement zoning, building, land use or safety ordinances, laws or regulations
with respect to real estate located within its boundaries upon which a facility identified in
Paragraph 5.1 and paragraph 52j will be located.
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SECTION 6. Boundaries.
The boundaries of the Authority shall be the boundaries of San Luis Obispo County. In
the event a member withdraws from the Authority, the boundaries shall be modified to
exclude the area of the withdrawing member. Section 6 shall not prevent any facility
identified in Paragraph 5.1 herein from being located outside the boundary of the
Authority.
SECTION 7. Organization.
7.1 The Board. The Authority shall be governed by the Board, which shall
exercise or oversee the exercise of all powers and authority on behalf of the Authority.
72 Membership.
(a) Membership in the Authority shall be voluntary, but only the
County of San Luis Obispo and all cities incorporated in the
County of San Luis Obispo presently or in the future, are
declared eligible for membership in the Authority.
(b) Representatives of the COUNTY and CITIES shall be
appointed to serve on the Board in accordance with
procedures established by each of the governing bodies of
the member agencies. Representatives to the Authority shall
consist of the five members of the Board of Supervisors of the
County of San Luis Obispo and of one additional member
from the governing body of each incorporated city within the
JPADRFI7.DE 93 '�1'
boundaries of the County of San Luis Obispo which is a party
to this Agreement, with each incorporated area being limited
to one representative. Representatives shall serve so long as
they hold office with their member agency or until they shall
resign or be removed by a majority vote of their member
agency. Vacancies among representatives shall be filled in
the same manner as the first appointment.
(c) Member agencies may elect to have an alternate member(s)
in addition to any official member, but said alternate shall be
an elected official and shall be able to vote only in the
absence of the official representative.
(d) Designation of the official representative or altemate(s), or
changes thereto, shall be transmitted in writing to the .
Manager of the Authority by the appointing agency.
(e) In addition to the incorporated cities presently a party to this
Agreement, any other city which may hereafter be
incorporated within the boundaries of the County of San Luis
Obispo and which may desire to participate in the activities of
the Authority may do so by executing this Agreement without
prior approval of ratification of the named parties to this
Agreement and shall thereafter be governed by all the terms
and provisions of this Agreement as of the date of execution.
(f) Membership shall be contingent upon the execution of this
Joint Powers Agreement and subsequent annual ratification.
1PADR .DE.03 -12-
7.3 Principal office. The principal office of the Authority shall be established
by the Board within the boundary of the Authority. The Board may change that principal
office upon giving at least 15 days' notice to each Member and to the Califomia
Integrated Waste Management Board.
7.4 Officers. .
(a) The officers of the Board shall consist of a President and
Vice-President elected for a term of one year by a majority
vote of member agency representatives to the Authority.
(b) Both the President and Vice-President of the Board shall be
elected at the last meeting preceding July of said year.
(c) The officers shall serve until their successors are elected.
(d) The duties of the officers shall be as follows:
1) President
a) Shall preside over all meetings of the Board as
Chairman.
b) Shall appoint all ad hoc committees subject to
ratification by the Board.
c) Shall exercise general supervision over all
activities of said Authority.
d) Shall be an ex-officio member of all committees.
e) Shall execute all contracts and legal documents
on behalf of the Authority.
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2) Vice-President
a) Shall serve as Chairman pro-tem in the absence
of the President.
b) Shall give whatever aid necessary to the
President in administering of the Authority.
c) Shall be an ex-officio member of all committees.
(c) In the event of a vacancy occurring in the office of either the
President or Vice-President upon said officer's death,
resignation, removal or his/her ceasing to be an official
representative of a member agency, such vacancy will be
filled by majority vote of the Authority, the officer elected to
serve for the balance of the unexpired term.
7.5 Manage . The Board shall employ or contract for the services of a
manager (the"Manager')who shall be the chief administrative officer of the Authority.The
Authority shall select a qualified manager using professional personnel standards and an
open competitive process. The Manager shall plan, organize and direct the
administration and operations of the Authority, shall advise the Board on policy matters,
shall recommend an administrative structure to the Board, shall hire and discharge
administrative staff,shall develop and recommend budgets,shall reply to communications
on behalf of the Authority, shall approve payments of amounts duly authorized by the
Board, shall carry out such other duties that may be assigned to the Manager by the
Board from time to time and shall attend meetings of the Board.
1PADRM.DE03 -14- a
7.6 Committees.
(a) Committees and subcommittees may be established as the
Board may deem appropriate.
(b) Membership on "ad-hoc' policy committees shall be at the
discretion of the President. Nothing herein shall be construed
to limit membership on these aforesaid committees to officials
of the member agencies. The President may appoint any
individual deemed qualified to serve on a committee.
(c) Standing Committees shall include an Executive Committee
and a Solid Waste Task Force. The composition and bylaws
of the standing committees shall be established by the Board
by resolution.
SECTION 8. Meetings of the Board.
8,1 Regular Meetings. The Board shall hold at least four regular meetings
each year. The date upon which, and the hour and place at which, each regular meeting
shall be held shall be fixed by resolution of the Board.
82 Special Meetings. Special meetings of the Board may be called in
accordance with the provisions of Section 54956 of the California Government Code.
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8.3 Notice of Meetings. All meetings of the Board shall be held subject to
the provisions of the California Ralph M. Brown Act (Sections 54950 et seg. of the
California Government Code) and other applicable laws of the State of California.
8.4 Minutes. The Manager shall cause'minutes of all meetings of the Board
and any committees of the Board to be kept and shall, after each meeting, cause a copy
of the minutes to be forwarded to each member.
8.5 Quorum and voting. For purposes of conducting business, there shall
be present a quorum consisting of a majority of representatives, including one COUNTY
representative. Each representative shall have one vote. No action shall be effective
without the affirmative votes of a majority of those present. However, eight (8) affirmative
votes shall be required for taking any action in the event any agency demands such a .
vote. The representatives to the Authority shall adopt such procedures as are consistent
with this Agreement and necessary to conduct the business of the Authority in an orderly
manner.
8.6 Budget.
(a) A general budget for the Authority's operations shall be
adopted by the Board for the ensuing Fiscal Year prior to
June 30 of each year. All costs incurred by the Authority shall
be set forth in the budget as part of an annual work program,
and shall be part of the solid waste fund derived from tipping
fees and other sources as approved by the Authority. The
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budget shall include sufficient detail to constitute an operating
guideline, the anticipated sources of funds, and the
anticipated expenditures to be made for the operations of the
Authority and the administration, maintenance and operating
costs of the facilities identified in Paragraph 5.1 herein. Any
budget for Sole Use Facilities shall be maintained separately.
Approval of the budget by the Board shall constitute authority
for the Manager to expend funds for the purposes outlined in
the approved budget, but subject to the availability of funds
on hand as determined by the Auditor-Controller.
(b) A budget for the acquisition or construction of facilities, or for
contracting for the acquisition or construction of facilities,
identified in Paragraph 5.1 herein shall be adopted by the
Board before the Authority commits any acquisition or
construction funds or contracts. It may be amended if and
when determined by the Board. Approval of the budgets for
the facilities identified in Paragraph 5.1 herein shall constitute
authority for the Manager (or any trustee or other fiduciary
appointed by the Authority) to receive state or federal grant
funds and proceeds of Revenue Bonds and to expend funds
for the acquisition and construction of the facilities identified
in Paragraph 5.1 herein.
(c) A budget(s) governing the acquisition or construction of Sole
Use Facilities shall be .adopted by the affected Member or
JPADRM.DE03 -17-
Members and appropriate accounts shall be established and
designated as such Member's or Members' fund.
Disbursement of such funds by the Authority shall be made
only upon receipt of written authorization from the finance
officer of the affected Member or Members. Receipts and
disbursements for the acquisition or construction of Sole Use
Facilities may also be made directly by the affected Member
or Members, in which case such budgets shall not be a part
of the budget of the Authority.
8.7 Rules of Procedure. The Board shall from time to time, establish rules
and procedures for the conduct of their meetings.
SECTION 9. Joint Operating Fund and Contributions. The Authority shall have the
power to establish a joint operating fund. The fund shall be used to pay all
administrative, operating and other expenses incurred by the Authority. Funding shall be
on an enterprise basis or as determined by member agencies. All monies in the joint
operating fund shall be paid out by the Treasurer for the purposes for which the fund was
created upon authorization by the President of the Board and approval by the Controller
and Manager of demands for payment, or as otherwise authorized by resolution of the
Board filed with the Treasurer. No Member shall be obligated to make any contributions
of funds to the Authority for facilities to be established in accordance with Section 5.1 or
pay any other amounts on behalf of the Authority,.other than as required by this Section
JPADRM.DEcss -18-
Sa3
9, without that Member's consent evidenced by a written instrument signed by a duly
authorized representative of that Member.
The Authority shall contract with an independent certified professional accountant to
conduct annual fiscal audits as required by the public Utilities Code Section 99245 and
the Federal Single Audit Act of 1984.
9.1 Treasurer. The Treasurer of San Luis Obispo County shall be the Treasurer
of the Authority. The Treasurer shall:
a). Receive and receipt all money of the Authority and place it in
the Treasury of San Luis Obispo County to the credit of the
Authority.
b). Be responsible for the safekeeping and disbursement of all
Authority money held by him/her.
c). Pay any sums due from the Authority, from Authority funds
held by him/her or any portion thereof, upon warrants of the
Controller designated herein.
d). Verify and report in writing as soon as possible after the first
day of July, October. January, and April of each year to the
Authority the amounts of monies he/she holds for the
Authority,the amount of receipts since his/her last report, and
interest accrued to those funds.
e). Invest funds.
The Authority shall reimburse the Treasurer for the actual cost of services rendered.
IFADRMDE03 '19'
s-a�
92 Controller. The Auditor-Controller of the County of San Luis Obispo
shall be the Controller for the Authority. The Controller shall:
a). Draw warrants to pay demands against the Authority when
the demands have been approved by the Authority Board
and/or the Manager. He/She shall be responsible on his/her
official bond for his/her approval of the disbursement of
Authority money.
b). Keep and maintain records and books of account under the
scrutiny of the Controller on the basis of generally accepted
accounting practices.
c). Make available all such financial records of the Authority to a
certified public accountant or public accountant contracted by
the Authority to make an annual audit of the accounts and
records of the Authority. The minimum requirements of the
audit shall be those prescribed by the State Controller for
special districts under Section 26909 of the Government Code
and shall conform to generally acceptable auditing standards.
The Authority shall reimburse the Auditor/Controller for the cost of services rendered.
SECTION 10. Records and Accounts.
This Section and Section 9 are intended to insure strict accountability of all funds of the
Authority and to provide accurate reporting of receipts and disbursements of such funds.
The Authority shall maintain accurate and correct books of account showing in detail the
]PADRFI7.DEC93 -20-
S.Z�
costs and expenses of any service or acquisition and construction and the maintenance,
operation, regulation and administration of any service or joint use or sole use facility and
all financial transactions of the Members relating to any service or joint use or sole use
facility. Books and records shall be established and maintained in accordance with
accounting principles promulgated by the California State Controllers Office, the
Governmental Accounting Standards Board. The books of account shall correctly show
any receipts and any costs, expenses or charges to be paid by all or any of the
Members. The books of account shall be open to inspection at all times by a
representative or agent of any of the Members. In addition, if required by any resolution
authorizing the issuance of Revenue Bonds, the Authority shall maintain appropriate
books, records, accounts and files relating to each project as required by such resolution
which shall be open to inspection by holders of Revenue Bonds if and to the extent, and
in the manner, provided in the resolution.
SECTION 11. Rates.
The Authority shall establish and regulate rates to be charged at the new facilities
identified in Paragraph 5.1 herein in amounts sufficient to discharge all indebtedness and
liabilities relating to agencies under contract to provide efficient operation of facilities, the
acquisition and construction of facilities (including, without limitation,.any Revenue Bonds
issued in connection therewith), and to accommodate the planning and implementation
of activities required by the Act.
IPADRM.DEC93 -21-
5�.2�
SECTION 12. Failure to Meet Waste Stream Requirements.
The Authority shall be entitled to cause the waste streams of each Member to be
monitored, pursuant to procedures approved by the Board, in order to determine whether
federal and state waste diversion requirements are being met. If the waste stream
diversion of any Member fails to meet any such requirements,that Member shall be solely
responsible for any and all resulting liabilities, damages, criminal and civil sanctions, and
costs and expenses. That Member shall also hold the Authority and the other Members
harmless from and against any and all liabilities,damages,sanctions, costs and expenses
that are incurred as a result of the violation or a claimed violation including, without
limitation, all fees and costs of counsel. If two or more Members are responsible for a
failure to meet any such requirements or are claimed to have violated any such
requirements,the Members responsible for the violations or which are the subject of such
claims shall be responsible to, and shall indemnify, the Authority and the other Members
in proportion to their relative responsibility for the violations or claimed violations. Upon
notification of any such violation or claim, the Member or Members shall take such
prompt, corrective action as is necessary to meet the requirements. Nothing in this
Section shall preclude one or more Members or the Authority from imposing or
establishing additional incentives to meet waste diversion requirements.
SECTION 13. Withdrawal and Dissolution.
13.1 The parties to this Agreement pledge full cooperation and agree to
assign representatives to serve as official member of the Authority or any committee or
subcommittee thereof who shall act for and on behalf of their city or county in any or all
IPADRMMEC93 -22-
sal
matters which shall come before the Authority, subject to any necessary approval of their
acts by the governing bodies of CITIES and COUNTY.
132 Any party to this Agreement may withdraw from the Authority, with
30 days notice, and terminate its participation in this Agreement by resolution of its
governing body. The withdrawal of the member shall have no effect on the continuance
of this Agreement among the remaining members and the Agreement shall remain in full
force and effect as respects the remaining members. No withdrawl shall become effective
until 30 days after receipt of the written notice by the Authority.
13.3 A member withdrawing shall not be liable for the payment of further
contributions falling due beyond the date of withdrawal and shall have no right to
reimbursement of any monies previously paid to Authority. The Authority may authorize
a reimbursement if in its judgment such reimbursement is fair and equitable and can be
done without jeopardy to the operation of the Authority. If any party hereto fails to pay
its contribution, as determined by the Authority, said entity shall be deemed to have
voluntarily withdrawn from the Authority.
13.4 Authority maybe dissolved at anytime and this Agreement rescinded
by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said
rescission Agreement shall provide for the orderly payment of all outstanding debts and
obligations and for the return of any surplus funds of Authority in proportion to the
contributions made.
IPADRM.DE03 -23-
SECTION 14. Amendments Including Termination.
This Agreement may only be amended or terminated by a written instrument and meeting
the requirements imposed by the terms or conditions of all Revenue Bonds and related
documentation including, without limitation, indentures, resolutions and letter of credit
agreements. Signatures shall not be required on any such amendment or termination by
those Members, if any, whose representatives on the Board did not approve the
amendment or termination, but such Members shall nonetheless be bound by the
amendment or termination if it was approved as required by this Agreement.
Notwithstanding the foregoing, no amendment or termination shall require any Member
to contribute any funds to the Authority or become directly or contingently liable for any
debts, liabilities or obligations of the Authority without the consent of that Member
evidenced in a written instrument signed by a duly authorized representative of that
Member.
SECTION 15. Filing with the Secretary of State.
The Secretary shall file all required notices with the Secretary of State in accordance with
California Government Code Sections 6503.5 and 53051.
SECTION 16. Notices.
All notices which any Member or the Authority may wish to give in connection with this
Agreement shall be in writing and shall be served by personal delivery during usual
business hours at the principal office of the Member or Authority, to an officer or person
JPADRM.DEC93 -24-
apparently in charge of that office, or by depositing the same in the United States mail,
postage prepaid, and addressed to the Member or Authority at its principal office, or to
such other address as the Authority or Member may designate from time to time by
written notice given in the manner specified in this Section. Service of notice pursuant
to this Section shall be deemed complete on the day of service by personal delivery (but
24 hours after such delivery in the case of notices of special meetings of the Board) or
two day after mailing if deposited in the United States mail.
SECTION 17. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the permitted
successors and assigns of the Members. However, no Member shall assign any of its
rights under this Agreement except to a duly formed public entity organized and existing
under the laws of the State of California approved by a majority of the Voting Directors
who do not represent the assigning Member. No assignment shall be effective unless
and until the Authority, the Members and the proposed assignee comply with all then-
applicable requirements of law relating to changes in the composition of entities such as
the Authority if and when they have Revenue Bonds outstanding and with the terms and
conditions of all Revenue Bonds and related documentation including, without limitation,
indentures, resolutions and letter of credit agreements.
JPADRMDEC93 -25-
SECTION 18. Severability.
Should any part, term or provision of this Agreement be decided by a final judgment of
a court or arbitrator to be illegal or in conflict with any law of the State of California or
otherwise be unenforceable or ineffectual, the validity of its remaining parts, terms and
provisions shall not be affected.
SECTION 19. Section Headings.
All section headings contained in this Agreement are for convenience and reference.
They are not intended to define or limit the scope of any provision of this Agreement.
SECTION 20. Effective Date.
This Agreement shall take effect upon its execution by the chairman or mayor and clerks
of the governing bodies of the County of San Luis Obispo and at least four (4) cities,
pursuant to resolutions of such governing bodies authorizing such execution and shall
remain in full force and effect until dissolved pursuant to the provisions herein. This
Agreement may be executed in eight (8) counterparts which together shall constitute a
single agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first hereinabove written.
JPADRM.DE03 -26-
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
CITY OF ATASCADERO
By: Date:
Mayor
Minute Order
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
JPADRM.DW3 -27-
,S3z
CITY OF GROVER CITY
By: Date:
Mayor
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
CITY OF MORRO BAY
By: Date:
Mayor
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
RAD"MDE03 -28-
s•33
CITY OF PASO ROBLES
By: Date:
Mayor
Minute Order
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
CITY OF PISMO BEACH
By: Date:
Mayor
Minute Order
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
JPADRMDEC93 -29-
���Al
CITY OF SAN LUIS OBISPO
By; Date:
Mayor
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
Dated:
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairman
Minute Order
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By:
Deputy County Counsel
Dated:
IPADRMJ)EO3 -30-
.
San Luis Ob.Jpo Council o..- governments
Arroyo GrandeRegional Transportation Planning Agency beG � �h
Metropolitan Planning Organization Paso Robles
Congestion Management Agency Pismo BeaP
San Luis Obis o
San Luis Obispo County
City Councils / Board of Supervisors.-
--
FR_ OK-- '- Ron DeCarli, SLOCOG Executive Director .
Steve DevesiWW, SLOCOG Solid Waste Program Manager
SUBJ: Joint Powers Agreement to form an Integrated Waste Management
- Authority
SUMMARY: ... _
The JPA:, to form an Integrated—Waste Management Authority (IWMA) has been - -
recommended-�.for adoption:. by- the- Solid Waste Task. Force (SWTF) and the San Luis
Obispo-_Council of Governments (SLOCOG). -_' This- meeting will provide an opportunity to
_discuss' the proposal beforre=-_Your jurisdiction's governing board: The attached copy of
-=the JPA-'- (Attachment:A)` is':- the.. result-of numerous-meetings. of. the SWTF and their JPA7
:Subcommrttee : as well it, SLOCOG and. they joint's city/county session on November 5;
_1993.-. . =The concept of.: .a_ regional organiratiori ad_dnng:, solid waste = issues was
ted before each city. and- the Coun during 'earl 1992. The unanimous .consensus
was that. a Joint Powers Agreement (versus a District or Lead Agency) is the preferable
form. for undmt ldng:. this. type of regional effort.. The JPA -will be returned for final
approval aft -review by SLOCOG of each ju_d4cdon's tentative action. -
DISCUSSION:
Tbe SWTF 'approved the first Draft JPA for circulation to member agencies at their Sept
3; - 1992 meeting. A question and answer style paper describing- the Draft JPA was
developed and -cir&Lited with the-document to all jurisdictions. Comments received
regarding• tfie Diaft JPA were. thoroughly' reviewed by_ the SWTF JPA Subcommittee and
by the. SWTF during- May;: June;,_ July and-August:: The report provided for the Joint
_ .City/County:;. meeting- included- .the' section- by section �listing of comments- and responses .
generated by the SWTF JPA Subcommittee: -
Comments, on the JPA generally fell within two' categories: _
1) comments on.the. strugturie,bf the proposed JPA; and, -
. 2) comments citing operational concerns regarding the worldngs of the
,
1150 Osos St:Suite 202, San-Luis Obispo, CA. 93401 ,Tel. (805) 781-4219 ♦ Fax. (805) 781-5703
Structural issues = have. been addressed by the SWTF through modifications to the
=document: The SWTl=:- and SL.00OG indicated . operational considerations are more,
addressed by the. Governing Board. of the IWMA after the organization is formed.
Mie`.`policy: direction associated. with -many of:..these..items should. be at the .discretion 'of..
=.tfie Autfiority_s:- goveiniiig board` to.: allow:- for:.the appropriate' latitude afforded, a-governing
Pod `,and--t tine= ability to. maintain: flexibility in.` response; w changing conditions:- SL OCOG_
-h&—,'authorized'=their SWTF-=to.>address= .operational concerns` by formulating recommended
policies and procedures to 6e considered for adoption by"tbe IWMA.- - - - -
The_=. document.: anticipates an-.^organization_ . that.' will be.: charged _ with, the duties'. of
coordinating programs:,..and.:_the;:.developme=it . of. facilities, • as .. outlined- .in the Source -
Reduciotn' and: Flemaits, ' diat-' will be' ..required:: to accomplish the State
Recycling - -
- mandated goals of reducing. the waste stream by 25% by 1995 and by 50% . by the year
2000.-:---The IWMA is also charged- with coordinating the programs and facilities that are
required to implent.the Household Hazardous Waste Element for each jurisdiction.
The=JPA:-?-allows the IWMA to-massume the responsibility with the - state- for meeting • the
andated_: goals;;: however,-.. each-: member. jurisdiction remains; liable . to t}ie: IWMA-- for
accomplishing their ri*ectiye share.of these waste redrictions.: _
-T7re-DiafL:JP?i. is`^tlie result of extensive. discussiorl, and debate.. and. is_recommended
and. the SWTF-to.be-- approved_by member-jurisdictions::.-. The_ Draft JPA.is.being
ciriculated:` to._ each- jurisdiction-.. for': tentative."approval Theexact same document is
regtnmd_to be__ adopted by,;•al1"::'parties-:and:_the Draft:RA is scheduled to renirn_0
SL OCOG yat. tl_>ei; Match' 2�;;�1994`meiig to determine if each. individual goveiniirg board
1:::xrst=with. thea- draft-_ language as- proposed. ` Afkr� this. TMew' the document will Abe
recirculated for final- and ad tion. _
- - -
r .`.
_
r
_....--_..- .. \_ .. -_. .... _ .. ._ ._
ti.
•ter;=..zn--":'.�.+... .r.n'. .-.. ....-r. - :': \:^ -r\ _ _ _
;.T l
AGENDA
y y
DATE t" 15_ ITEM # i
' DATE�_
®RAFT
February 10, 1994 UNCIL CDD DIR
❑ FIN DIR
ff#dAO 13CHIEF
®
XTmEY m PWDIR
if CLERKIORIG ❑ POLICE CHF
❑ MGMTTEAM 13 9EC DIR
Mr. M. L. Irvine, Superintendant ❑ FJi.E EIf UnL DIR
Southern Pacific Transportation Company L.� ❑ PERS DIR
1200 Corporate Center Drive
Monterey Park, CA 91754-7605
RE: Removal of the Old Railroad Turntable in San Luis Obispo.
Dear Mr. Irvine:
It was with sadness and a deep sense of community loss that I learned the old railroad
turntable in San Luis Obispo had been removed. The turntable has been located at the end
of Roundhouse Avenue, adjacent to the old SP Roundhouse, since the early 1900s and was
a vivid reminder of San Luis Obispo's proud railroad heritage. Sadly, its removal for scrap
has deprived the community of a valuable educational exhibit and unique historical resource.
The loss is all the more unfortunate since it could have been avoided.
While.we are still attempting to piece together what happened, it appears that the removal
was in response to a City request to stop the discharge of petroleum-laden storm run-off
from the turntable into the City's sanitary sewer. Monitoring had shown that turntable run-
off accounted for several million gallons of inflow into the sewer system per rain season,
raising water quality concerns and requiring sewer bypass operations to avoid surcharging
the system during heavy rainfall. In response to Utility Department concerns, SP staff
responded with a plan to clean the turntable of contaminants and disconnect it from the city
sewer line. This plan was accepted by Utilities staff as adequate to alleviate the discharge
problem.
Subsequently, SP staff apparently decided to.remove the turntable rather than follow the
plan that was submitted to the City. Unfortunately, railroad staff did not secure the
required demolition permit as required by Chapter 15.36 of the Municipal Code, and no
prior notice was given to the City of plans to remove the turntable. By the time the City
became aware of the demolition, it was too late to prevent the turntable's loss. In a
previous letter to SP (G.R. Fetty, Superintendant, 1989), the City had specifically requested
SP's cooperation in preserving the old turntable and other historic railroad structures.
Southern Pacific Transportation Company Page 2
February 10, 1994
As we approach the 100th anniversary of Southern Pacific Railroad's arrival in San Luis
Obispo, the community is planning to celebrate the railroad's many contributions to this
county. The City wants to work cooperatively with SP administration and staff on this and
other upcoming local and regional issues of mutual interest. In this on-going effort, good
communication is essential. To that end, then, let's begin talks on the future of the
remaining historical resources in San Luis Obispo's old railroad yard. There are other
historic structures in the former railroad yard, including an abandoned freight warehouse
and fire-damaged Signal Shop, which merit special consideration.
I ask for your cooperation in initiating talks with SP administration, and by postponing any
further demolitions or removals until we can discuss preservation options. Please call John
Dunn, City Administrative Officer, at (805) 781-7114 so that we can take the initial steps
toward preserving and enhancing the historic railroad yard for future generations.
Sincerely,
CITY OF SAN LUIS OBISPO
Peg Pinard
Mayor
PP:JH:ss
c: City Council
Tom Beece, SP Transportation Co., 200 Marion Way, Bloomington, CA 92316
Assemblywoman Andrea Seastrand
Congressman Michael Huffington
Senator Gary Hart
Brad'La Rose, P.O. Box 766, Santa Margarita, CA 93453
Dan Krieger, SLO County Historical Society
Denise Fourie, Cultural Heritage Committee
John Dunn, City Administrative Officer
Jeff Jorgensen, City Attorney
Arnold Jonas, Community Development Director
John Moss, Utilities Director
MEET'" ' AGENDA
#
DATE - 5-9 ITEM �om
February 11, 1994
MEMORANDUM
TO: Council Colleagues
FROM: Penny Rappa
SUBJECT: BUS SHELTERS
Recently, we have all been approached by Mr. Tom Martin with a proposal for a joint
venture involving bus shelters. With no prior commitment, I believe this idea is worthy of
further consideration.
I would request that Council direct staff to agendize at the next available date an
opportunity for Mr. Martin to present the bus shelter concept. Thank you.
PR:ss
CO�INCIL D IR
■�C�' DIR
crtLEMO G 13 POLICE CHF
❑ MGMT TEAM ❑ REG DIR
❑ C D FILE C UTIL DIR
13 PERS DIR
IL
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
No. dv# 1-15807-0-2
City of SLO
ulillll I�lull 9 city of
A San tuts oarspo
CITY COUNCIL
STATE OF CALIFORNIA, PUBLIC HEARINGS
SS. On Tuesday, February 15,
1994, the San Luis Obispo
County of Son Luis Obispo City Council will hold public
hearings beginning at 7:00
p.m.in the Council Chambers
I am a citizen of the United States and a resident of the of City Hall, 990 Palm Street,
on the items listed below.
The reports will be available
County aforesaid; I arra over the age of eighteen and not for review in the City Clerk's
Department on the Wednes-
day before the meeting. For
interested in the above-entitled Matter more information, please call
781-7103.
The Council may also
discuss other hearings or
I am now, and at all times embraced business items before or after
those listed. If you challenge
any one of the proposed
in the publication herein mention was, the principal clerk actions described below in
court, you may be limited to
raising only those Issues you
of the printers and publishers of the SAN LUIS OBISPO or someone else raised at the
public hearing described in
this notice, or in written
COUNTY TELEGRAM-TRIBUNE, a newspaper of general correspondence delivered to
the City Council at,or prior to,
the public hearing. .
APPEAL - TEMPLE NER
circulation, printed and published daily, Sundays ex- SHALOM - to consider ap-
peals of a Planning Commis-
sion action to approve a
cepted, at the City of San Luis Obispo in the above conditional use permit to al-
low a religious facility in the
R 1 zone on a lot located near
named county and state; that Notice Johnson Avenue land Bish-
Street i22'1 Johnson Ave.
�..�., 190m-1
PLANNED DEVELOPMENT
REZONING-ROSEMONT-to
consider a request for devel-
opment plan approval within
a Conservation/Open Space
zone,to enable three lots and
at which the annexed clipping is a true printed copy, was three houses at the northwest
end of Highland Drive, and a
published in the above-named newspaper and not in any caretaker's dwelling near
Highway 1, with an open
supplement thereof — on the following dates, to-wit: space dedication (PD 7.94).
(60 min.).
2/5
coos ac
that said newspaper was duly and regularly ascertained `
and established a newspaper of general circulation by to
Decree entered in the Superior Court of San Luis Obispo l l\( R-1
~
s \,
County, State of California, on June 9, 1952, Case #19139
under the provisions of Chapter 1, Division 7, Title of the PID 7-94
Government Code of the State of California. Diane R.Gladwell,City Clerk
Feb.5,1994 :105801
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
QAAJ , COO h-10 A20
(Signature of Principal Clerk)
Date 2/5 19 94
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