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HomeMy WebLinkAbout05/01/1990, C-8 - MEMORANDUM OF UNDERSTANDING REGARDING REGIONAL SOLID WASTE MANAGEMENT MEETIM OATF � U city of san Lows oBispo 5/1/90 COUNCIL AGENDA REPORT MN NUMBER FROM: David F. Romero, Public Works Director PREPARED BY: David. Elliott, Administrative Analys SUBJECT: Memorandum of Understanding Regarding',-F gional Solid Waste Management CAO RECOMMENDATION: By motion, 1. approve the memorandum of understanding among various agencies within the County of San Luis Obispo to collectively perform the planning work required by the California Integrated Solid Waste Management Act of 1989 2. authorize the mayor to execute the memorandum of understanding for the city. DISCUSSION: Last fall the. California Legislature enacted the California Integrated Solid Waste Management Plan of 1989, commonly known as "AB 939", which took effect on January 1, 1990. Along with other provisions, AB 939 requires the County of San Luis Obispo and all the cities within the county to undertake the following comprehensive solid waste planning: • Each city must prepare a Source Reduction and Recycling Element (SRRE) which shows how the city will divert 25 percent of its solid waste from the landfill by 1995 and 50 percent by 2000. Each SRRE must have several components, including waste characterization, source reduction, recycling, composting and household hazardous waste. • Each city must submit its SRRE to the county by Julj 1, 1991. • The county must prepare a similar SRRE for its unincorporated areas. • The county must prepare a Countywide Siting Element which shows where needed landfill capacity will be developed. • The county must prepare a Countywide Integrated Waste Management Plan (COIWMP) which includes all of the city SRREs, the county SRRE and the Countywide Siting Element. • The county must submit its COIWMP to the newly created California Integrated Waste Management Board by July 1, 1992. According to AB 939 provisions, the county and the cities have convened a solid waste task force and a technical committee with delegates from various government agencies and from private solid "� �►�IiIR11 � �i city of san tuis owpo 10ijS COUNCIL AGENDA REPORT MOU-Regional Sold Waste Management Page 2 waste companies. (Penny Rappa is the city's delegate to the task force and Dave Elliott is the city's delegate to the technical committee. ) The purpose of the task force and technical committee is to build cooperation among the parties involved so that they can avoid duplication of effort and gain economies of scale. Toward that end the task force and the technical committee have recommended that: 1. The county and the cities, along with certain affected special districts, collectively engage a consultant and a project coordinator to prepare all of the SRREs and the Integrated Waste Management Plan required under AB 939. 2. That a temporary tipping fee surcharge equivalent to $1.00 per ton be levied at all public landfills to pay for preparation of the SRREs and the Integrated Waste Management Plan. Assuming that most of the affected agencies will want to cooperate in this effort, the task force and the technical committee are drafting a request for proposals from consultants who can prepare the. AB 939 planning documents. Before proceeding much further, though, they're asking the affected agencies to enter into an informal memorandum of understanding which confirms their intention to participate. Presumably, participation would then be formally established later under a joint powers agreement (JPA) . A copy of the memorandum of understanding is attached. FISCAL IMPACT: Preliminary calculations show that increasing the tipping fee at Cold Canyon Landfill by $1.00 per ton would increase garbage service rates about 1-1/2 percent. That increase would amount to about 12 cents a month for a single family residential customer. The technical committee anticipates that this surcharge would stay in effect for 18 to 24 months, only long enough to raise the money needed to prepare the planning documents. As mentioned in Mike Dolder's report on household hazardous waste collection (prepared for the May 1, 1990 agenda) , the county hazardous waste commission has also recommended a $1.00 per ton tipping fee increase to pay for ongoing household hazardous waste collection activities. Staff will fully analyze the effects of these two proposed increases as part of the garbage service rate adjustments J, presented to the council in May 1990. 111811111111PAI city of san 1"is osispo SCOUNCIL AGENDA REPORT MOU-Regional Sold Waste Management Page 3 ALTERNATIVES: 1. Prepare an SRRE without participating in the joint effort. Because very few counties and cities in the state have the staff resources and expertise to prepare the required studies, most agencies are contracting with solid waste planning and engineering firms. The City of San Luis Obispo could separately contract with the same firm hired by the JPA or it could contract with another firm. In either case the city would likely have to pay for duplicate work performed by the JPA contractor. Why? Because the web of solid waste management crisscrosses so many borders that it's nearly impossible to meaningfully isolate activities within a single jurisdiction. Besides, the city might have to find another source of revenue to pay for the contract, because the county regulates tipping fees. 2. Do not prepare an SRRE. The city might choose not to prepare an SRRE at all. This action would probably be unwise for two reasons. First, after the submittal deadline passes, the California Integrated Waste Management Board can impose civil penalties of up to $10,000 per day until a city submits an adequate plan. Second, the city would fall out of a comprehensive solid waste management process that will help solve current solid waste problems. attach: Memorandum of Understanding I - I MEMORANDUM OF UNDERSTANDING REGARDING SOLID WASTE MANAGEMENT i RECITALS WHEREAS, the California Legislature has enacted the California Integrated Solid Waste Management Act of 1989 , commonly referred to as Assembly Bill 939; and WHEREAS, Assembly Bill 939 mandates that certain solid waste planning be undertaken by the County of San Luis Obispo and the cities located within that county (the "Local Cities") , and that these actions must be taken in a timely manner; and WHEREAS, it is the responsibility of the county and the local cities to prepare and adopt a Source Reduction and Recycling Element which shall include a program for the management of solid waste generated within the cities and the unincorporated areas of �1 the county; and WHEREAS, it is the County's responsibility to prepare and adopt a countywide Integrated Waste Management Plan; and WHEREAS, the County of San Luis Obispo and the Local Cities have convened a Solid Waste Task Force to study issues related to solid waste management and to make recommendations to these entities in the area of solid waste management and to assist in coordinating the development of the city and county Source Reduction and Recycling Elements; and WHEREAS the Solid Waste Task Force has convened a Solid Waste Technical Committee to - advise the Solid Waste Task Force on matters pertaining to the development of the. Source Reduction and Recycling Element and the countywide Integrated Waste Management a- - C-8 Plan, and the funding of the costs of preparing these plans; and WHEREAS the Solid Waste Technical Committee has �� considered various ways in which to meet the requirements set forth under Assembly Bill 939 ; and WHEREAS the Solid Waste Task Force has considered the recommendations made by the Solid Waste Technical Committee, and the Task Force has determined that 1) it would be more cost- efficient to adopt a countywide approach to prepare the County and City Source Reduction and Recycling Elements, and the countywide Integrated Waste Management Plan, 2) the governmental entities having jurisdiction over solid waste management within the county should cooperate jointly to achieve a timely completion of their responsibilities under Assembly Bill 939, by engaging the services of a consultant to draft both the County and City Source Reduction and Recycling Elements, and the Integrated Waste Management Plan; and 3) that these entities should develop a proper method of funding the preparation of the plans required under Assembly Bill 939, as codified in California Public Resources Code section 41901, and adopt a mechanism for equitably funding the preparation of the Source Reduction Recycling Elements and Integrated Waste Management Plan. NOW, THEREFORE, it is understood and agreed by and between the governmental entities which are signatories to this document, as follows: 1. That the County of San Luis Obispo, the cities located within the County of San Luis Obispo, and those special districts located within the County having jurisdiction over the r, removal of solid waste, will collectively pursue a countywide approach to the problems of solid waste management, and that these entities shall collectively engage a consultant and a project coordinator to prepare the individual Source , Reduction and 0 Recycling Elements and the Integrated Waste Management Plan , required under Assembly Bill 939. 2 . That the necessary ordinances and resolutions be adopted, levying a tipping fee surcharge equivalent to $1 . 00 per ton at all public landfills in the County of San Luis Obispo, to fund the preparation of the Source Reduction and Recycling Elements and the Integrated Waste Management Plan. 3 . That the tipping fee surcharge be apportioned among all of the residents of the County of San Luis Obispo in an equitable manner. Passed and adopted by the signatories hereto on the dates indicated below. City of Grover City Dated: By: DAVID EKBOM, Mayor of Grover City City of Arroyo Grande Dated: By: MARK MILLIS, Mayor of Arroyo Grande City of Pismo Beach Dated: By: DICK MORROW, Mayor of Pismo Beach City of San Luis Obispo Dated: By: RON DUNIN, Mayor of San Luis Obispo City of Morro Bay Dated: By: ROSE MARIE SHEETZ , Mayor of Morro Bay City of Paso Robles Dated: By: STEVE MARTIN, Mayor of Paso Robles City of Atascadero Dated: By: ROLLIN DEXTER, Mayor of Atascadero t-7 County of San Luis Obispo Dated: By: EVELYN DELANY Chairperson of the. Board of Supervisors � misc\memo.und (lmdm)