HomeMy WebLinkAbout02/04/1992, 1 - SOLID WASET MANAGEMENT JOINT POWERS AUTHORITY '9EETING AGENDA
-SATE ITEM # '�' /
II
-city of sAn WIS . OBISPO
955 Morro Street • San Luis Obispo, CA 93401
COPM-5 T0: -
❑• es Action ❑ FYI
❑ CDD DIR
January 28, 1992 CAO ❑ FW.DM
❑ ACAO ❑ FIRE CHIEF
Dr. G.B. RowlandATTO&"VEY ❑ FWDIR
i
Health Agency Director C�x1 ma ❑ POUCFC11
San Luis Obispo County E] mcmT•T&AAi 0 ucDIR
2191 Johnson Ave. ❑ READFIIL T
❑ 1IILD:R
San Luis Obispo, CA 93401
Dear Dr. Rowland,
I understand that the County is considering recertification as
the designated Local Enforcement Agency (LEA) . The County has
performed skillfully as the area LEA in the past and the City of
San Luis Obispo appreciates your efforts. I would like to
encourage you to continue in this role through recertification.
CEn
unn
City Administrative Officer
c: Board of Supervisors
Bob Hendrix, County Administrative Officer
City Council
California Integrated Waste Management Board
Lg
JAN N
r Vr
CITY COJN(;IL
SAN LUIS OBISPO, CA
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48 'N'I'SCR9TED WASTE MANAGEMENT
CHAPTER 2. SOLID WASTE HA1vD1,ING AND which contains the mAjurity of the population of the
DISPOSAL incorporated area of the county.
(Chapter 2 added by Stats. 1989,Ch. 1095,Sec.22) (b) The county and the cities within the county
may enter into a joint exercise of powers agreement
Article I. Local Enforcement Agencies pursuant.to Section 6300 of the Government Code
(Article 1 added by Stats. 1989,Ch. 1095,Sec.M for the purpose of establishing an enforcement _
43200. (a) On or before August 1, 1951, the. agency to carry out this chapter in the jurisdiction of
board shall prepare and adopt certification regula- the joint powers agency.
tions for local enforcement agencies. The regale- (c) A city council may designate an enforcement
tions shall specify requirements that a local agency ag(d)Theto carry
bo rd of sout userviPors •of the couter in the nty may
•"
shall meet before being designated u an enforce• designate an enforcement agency to carry out this t.
ment agency. The regulations shall include,'but are chapter 11i the unincorporated areas of that county.
not limited to, all of the following. (Amended by stats. 1990, Ch. lass, Sea. 28. Effective ,r
(1) Technical expertise. September 27, 1990.)
(2) Adequacy of staff resources.
43204. No enforcement agency may exercise the
(3) Adequacy of budget resources. ,i
(4) Training requirements, powers and duties of an enforcement agency until
(5) The existence of at least one permitted solid the desilgnatio Is approved
board shall not board.
appAfter
awaste enc facility within the jurisdiction of the local ve a
designation unless it finds that the designated en-
g(b)The regulations adopted pursuant to subdivi- forcemeat agency is capable of fulfilling its respon-
sion (a) shall specify four separate types of eertifi- sibilities under the enforcement program and meets
cations for which an enforcement agency may be the certification requirements adopted by the board -;
designated, as follows: pursuant to Section 43200.
(1) Permitting, inspection, and enforcement of (Amended by stats. 1990, Ch. I=, $ec. 29. Effective
regulations at solid waste landfills. September 27,1990.)
s (2) Permitting, inspection, and enforcement of 43205. If no enforcement agency is designated,
solid waste,incinerators. the board shall become the enforcement agency,
(3) permitting,.inspection, and. enforcement of and shall assume all.powers and authorities estab-
transfer and processing stations, fished pursuant to this chapter. Nothing in this
(4) Inspection. and enforcement of litter, odor, chapter prevents a designation of an enforcement
and nuisance regulations at solid waste landfills. agency under Section 43202 at a later date.
(Added by Stats 1989,Ch. 1095,See.22.) (Added by Stats.IM,Ch. 1095,Sec 22.)
43201. After August 1, 1992, no enforcement 43206. A designation made pursuant to this arti-
agency shall be designated pursuant to this article cle may be withdrawn in the same manner in which
unless the board determines that the agency fully it was made.
complies with one or more of the certification types (Added by Stats. 1989,Ch. 1095.Sec.22.)
specified in Section 43200. No enforcement agency 43207, No local governmental department or
shall, after August 1, 1992,exercise the powers of an, agcy which the operating unit for a solid waste
enforcement agency pursuant to this chapter unless handling disposal operation shall be the enforce-
the agency has been certified by the board. meat agency for the types of solid waste handling or
(Added by Stats. 199,Ch. 1096,Sec.22.) disposal operation it conducts.
43202. There may be designated within each (Added by Stats 1989.Ch. 1096,Sec.22.)
county an enforcement agency to carry out this 43208. Notwithstanding any other provision of
chapter.If an agency is not designated and certified, law, except as provided in Chapter 6.5 (eommene-
the board, in addition to its other powers, shall be ing with Section 4.9100) of Division 20 of the Health
the enforcement agency within the county. and Safety Code, and Section 731 of the Code of
(Added by State. 19�,Ch. 1096,Sec 22) Civil Procedure,no local governing body may enact,
43203, The designation of the enforcement issue, enforce, suspend, revoke, or modify any ordi-
agency shall be made by any one of the following nanee,regulation,law,license,or permit relating to
procedures: a facility that accepts both hazardous wastes and
(a) The board of supervisors of the county may other solid wastes and which meets any of the z,
designate the enforcement agency to carry out this criteria enumerated in subdivision (a) of Section
chapter in,the county. The designation is subject to 25148 of the Health and Safety Code, and was
the approval by a majority of the cities within the operating as of May 1, 1981,pursuant to a valid solid
county which contain a majority of the population of waste faoimy permit, so as to prohibit or unreason-
the incorporated areas of the county except in those ably regulate the operation of, or the disposal„
counties which have-only two cities in which case treatment, or recovery of resources from solid
the designation is subject to approval by the city wastes at any such facility. However,nothing in this
A INE W _ MEETIN
"Em
-. AGENDA
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League o_f California Cities ~ �
. . �fi;•n__ 6-ktf 'S� J �'w. T::q;+ v-•' r CS:DtC,c"�t...,:.L � �_;..- 'l
n. �� ..1400 K STREET .. SACBAMENTQ CA- 95814 . (9161 444-5790�, ,-❑_ 'r�
■.� J1 '..s':: .a•• y1 e: '.if :::t:.fb:4+�, �. v. �l ... . J_-. 4� .c A��.^:'f. FYI
:'.fit i}i��i.ic. ..n^vnr_i.- I'll
El CDD DUL
Caldoinla Cdies_ - $acrameIItO Caa►J`
Work T '"e7 E^".:T: at Ji }�v:G:fnir :�4 k�`1^+ - f. 1 ,11.iG'.•. �CAQ.P.,.r ❑.
ogemei January 28; 1992 ACAO � CH
.a❑,ATInILYEY--❑ DIFIRE�R�
CLc'TtIC/ORIG. ❑ POLICECH
TO: Mayors, Council Members, and City Managers ❑ MGMT.TL",, p pagC DLit
❑ it ADFILE ❑ UnLDIX
FROM: : Hal Conklin, League President; Mayor Pro-Tem, Santa Barb — r[�
RE: 01 League Dues Adjustment and Service Level
This is an unprecedented year f6i cities. More than ever before, cities are having to.open their adopted
budgets in midyear to make_further cuts due,to the recession and-the impact from the state's budget.-It's
also. an unprecedented year.for, the League of California Cities:); More and more services are being
requested of the League at a time when ci{–'staffs are being cut.aad the Legislature is 1'ooking to cities
to help balance its budget
c
When the State League Board-of.Directors,voted last month to increase the League dues by 4 percent,
it was an extreLf-mely difficult decision. There was a significant amount of debate.about_the impact on our
members and the need td ensure the League as an organization was_soting an example of making difficult
budget decisions.;,- oat GnGo},A� �^rt♦" ti2c.S
„_ - ce ''� .•..,__ �.L•. _,feV{7,f' Y W IOU _...
-, x - r sea=r--r._. S ..�_T RA 2.
The Leagues btidget does include signiScanNreductions r TbeFi1; be no cost of.-livmg�increases foi the-
staff outside assistance.via consultants was reduced and other.measures. In additio vacant positions
A, M�? V n n quo j-- i_.:.r;-e--....r.... - , .. U9. I A
have not been filled including the Leagues Washington D.C:'offic `:
OOQ /1 _- .utayzsS,s. L�lf.Qtl,�. rclu,tl G3 f(GyD0,01
e7.11•€ +N 6sL1� a OC�.S - •- tv'if•OeU ar I00v •i
The League has aUeady been tapped by cities all over the state to help provide information_and assistance
Nq+ill v.. .a' r.,r - .
due to cutbaSMm city staff..CT 14 means that even,more.thanusual;,the League needs to-remain strong
to help fill the gap as cities are forced to cut back: as�,0.ti 04 10G.vz "
50,01-
Possibly the most important argument for this:4 -1_';nt dues adjus�ent is the fact that Fthe state's budget
is out of balance by several billion dollars again this year.P We were hit last year, however not nearly as
bad as the initial�egislative p,,ropotsaals indicad ti The League's lob sbying effortit will be more important
than ever.before;.certainly more important:tta,hisjyear than when. times are good. 3 ye already had
numerous meetings with the "ernor's staff and.a session.with the Governor himself is being scheduled.
Key legislators,are being communicated with regularly and this will step up in earnest as the budget debate
kicks into gear:,.In addition, the.Governor and.Legislature will be wrestling with growthmanagement in
the next several months and it will be critical to have a unified city voice.
To increase its administrative.assistance Zrfto cities'and to *increasenkcrease its lobbying on behalf of cities, the
4 percent dues increase isnmore 0important theafever' It's mny(feeling thaf'this+is th`e time we need to be
strong in our unity and to infdrm`the Legislature we've midi their impact on cities our major priority.
s a sisiit list[ _z`; 11:a3.liris,,0 3. by seas ;i moi.zsvii is r:ma ads ii a�sve oa ei
In summary,just as with cities, ttie League line made cuts in its operating budget and we'ie positioned to
be more valuable than ever for every city in California. The average dollar increase will amount to just
$180.00. I hope you agree with me that this is.one of the best investments we can make.
Please don't.-hesitate to contact me or League Executive Director Don Benninghoven if you'd lime to -
review these issues further. And thank you for your support of the League.- -
- PPo .
PROPOSED 1992 DUES SCHEDULE
The follbivin-g-duie"s' schedule inioAp" oiiiera 4% increase over. 1991 as
-r .lm`e�nd'e`d by theBoard6f.
increased I -T
Directors:. The cost of living ind6i-th' 9dird used -guideline` -1*5
e as a for dues adjustments increased bync
3.7% in 1991.--This dues increase, if ratified by the membership by action of the regional div"isloo`4's,
wiU'increase Leigue revenue l'5y`kn'_6'stih• Rkt_edi $ 80,000, approximately 2% of the General Fund..'i-
r
L
For cities having a population of:
Proposed
. 1991, -:G•� ;. Increase lv',G A
I to 500 29.00;,. 1.00
S 128.00 jL . _1 -_ -1 1�
501 to 600 1&06-- 79 OW�L� 3.00
601 to 700 . . . 152.00 158.00 6.00
t
. 701. to gioo? :c::;-r 161.00: . 7.00
gol•
toy 900i)VU %. . . UL) 2'
198.0006.0VII'M 01 8.00.
Z
1,000u, '242.00--- ::252.00--1r5--.,
0
0 - -w 396.00 15.00.-:�
1,001 to- A;I-
.,-. 25_0.17f:; 1. 301- -- 4
1,2511-,500 . . 470.00 489.00 JR-GOLL::-
.
1,501 to 1,750 561.00 583.00 22.00.
1.751 to. 2,000 666.00 :x.693.00 q. 27.008
5 739.00
2,2 0 711.60' i!r 28'00
2,00P to I I
1,550=g 1-=- , -r,l - -,yf5� I I?-- 11 1, 1 --
:797.00 81800 31.00
,' f�-O, 2925V
iaz_ ntrwl�fn
rl;z- on !�L;2.30111qT to'- f-12'CL'f11-2,750W17,GTMW- WIC 833.00U iiii
2,751 to 3,000 908.00. 944.00 36.06!bab r4b1d
1,015.00
• 1,050.00
3,001 to 49000 -
_:m� . -- .41.ok
1;259; V7
-ya,-400 C�4 __
I - n 00:qp: 11t-A 001j4+--FAJ
y,.5,0D
5001. to
-zU&;.;u!Gq5()_0 1 526.00z�,V zLl,639.094-j*r
7:50'-i4M'_i*oM 10,000-- 181800 1-89,1.0.0 3
P.os-�d -ion 5�,Z2
8.00
10,001 to 15,000 .. 29 .06*30 Z:5L%9�i!,284,j NO
'601 1 .00 - 8
159 to 209000 2,529.00 29630.00 -- 10100
-e*d vbze-
60 3 166.00 329300- 127.00
mt!25,061-;cmi to-=5,1 0o 6W<=r rwst Orr 3:8 3,'953.00 -;�JCI;1� 152.00
!Z�rl 01.-OorJ4 F-:T:
4,867.00, ztj' 2
L: LIM ;L
30,001 to 40j000 4,680.00,,:o c' U 187.061 '4" 01
40,001 to 50,000 . . . 5,693.00 5,921.00 228.00
50,001 to ,,- 6 60,000-,--.-7'- tD262.00
092i
66 70,000,., J,208.Cq 7,496.00,
to
_S 7ML
,288.00
)or to- _-Nist M
70 1 90 OM_ , 7,571.00 7,87.4.00. 1-zjc_303.00U jr;A, &-b_:Z4
?-7 ar
to 90;000` 'S 07100 '8 394.00 k3 06
v,
-a;es
9,196.00" ;51;W
I. -L,•t67- 100 000 7L . . . • $,842.00.
td: +
125 000 1 085 c10,488.00-
100,00ILm 0, '403 00"
150,000..
I A' 1 F544.
MAL- to i7�- r� 150*60 - 00
to,;w 20000.�,4 Ll-- 12,614.00.� 1.c%ai 13:149.00 .20* `!AJZ 565.0V-C-;
"Y' 1i 'Es 1t ,1 TX5!7 !Pll
Amposed 1992 Increase
�j' z-,2m. c;
200.001t6'500,000 $ 632.00. $ 657.00 Z. --- _i'_
I : - or each .10,000 ofl�6pulation.-. $25/10,000
Over 607.00 - -; per each'lo.606.ofpopulatibn . $23 066
'-sm ay,
In no event shall the annual dues for any city exceed $50,000,and no city's dues shall increase more
than $5,9W per'year:_:. ,.- &:i E-1 a:!.]-; -; "Z. I S-.. F--P
•
blis 10 t;Lfo al aL.� t-M jr1:1W t2�
_10 1/91 -!1 -'M C-,'f I
�Lrzx !�4
vo.� CeE!;rzi
MEETING DATE:
��u��i�Hl�llll@gyp ��ll city of San is OBIspo
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Dave Romero, Public Works Director
Prepared by: Cyndi Butterfield, Solid Waste Coordinator
SUBJECT: Solid Waste Management Joint Powers Authority/Resolution
supporting establishment of San Luis Obispo County as a recycling
market development zone.
CAO RECOMMENDATION:
Receive a presentation by Area Coordinating Council staff, approve
in concept the City's intent to participate in the formation of a
Join Powers Authority under the auspices of the San Luis Obispo
Area Coordinating Council to direct the implementation of regional
(Countywide) solid waste management programs, and adopt a
resolution supporting the establishment of a recycling market
development zone for San Luis Obispo County.
DISCUSSION:
During the Council meeting of February 4 , 1992 , the San Luis obispo
Area Coordinating Council (SLOACC) staff will present Council with
a proposal for development of a regional (Countywide) solid waste
authority and request support for establishing San Luis Obispo
County as a recycling market development zone. Below is a brief
summary of both issues, along with staff's recommendations for
proceeding.
Solid Waste Joint Powers Authority
Our AB 939 plans include programs to be implemented on regional and
sub-regional levels in order to avoid program duplication and to
share program costs with other jurisdictions. Examples of these
are information and public education programs, source reduction
programs, developing markets for recyclables, and appropriate
composting and recycling facilities.
The generation of this proposal was based on research by the Solid
Waste Task Force (TF) into the advantages and disadvantages of the
lead agency, special district, and joint powers authority options
as possible organizational structures for management of regional
programs and facilities. The joint powers authority (JPA) was
favored because it provides a flexible framework for planning and
implementing regional programs while local jurisdictions can
maintain control through the representational process. The TF also
recommends that the Area Coordinating Council (SLOACC) assume the
role of lead agency under their existing JPA between all
jurisdictions. This course will avoid the need to develop an
entirely new JPA and will provide jurisdictions with existing
representation on the SLOACC. It would be the intent of the TF to
carry out regional solid waste programs in much the same manner as
the SLOACC handles transit programs.
��n����iiiililiilllll►i �DUI city of san s 0131 SPO
NNNEW COUNCIL. AGENDA REPORT
Page 2
I
Should Council conceptually approve the recommendation, refinement
of the powers assigned to the JPA would come back at a later date
for more formal action by the Council (e.g. , adoption of a
resolution, etc. ) . Important issues to 'be considered in the
refinement of a JPA include flow control, financial commitments
and commitments to specific technologies.
Flow control refers to ownership and control of the discarded
materials within a jurisdiction. Currently, the City controls the
materials produced in the jurisdiction and put out at the curb for
collection. Existing local recycling programs are based on control
of our recyclables.
Financial commitment to regional programs is a second issue which
will warrant consideration in forming a JPA. As regional programs
are more clearly defined, the City's options will require careful
examination.
Recycling and composting technologies are advancing rapidly.
Building flexibility into regional commitments may provide future
opportunities to adapt to change and take advantage of new
technologies.
In conclusion, a regional approach to some AB 939 programs and
facilities will be essential in the City' s efforts to reach
mandated diversion levels. A conceptual resolve to join with other
jurisdictions in the County to form a regional solid waste joint
powers authority under the SLOACC will be an important step in the
success of our waste reduction programs. Future refinements to a
JPA will provide a road map by which regional programs and
jurisdictional commitments can be defined.
Market Development Zone
I
The TF is requesting each City and the County to adopt a resolution
supporting the designation of San Luis Obispo County as a Recycling
Market Development Zone (MDZ) . This zone designation will provide,
among other things, State support in the establishment of business
activities that use and/or manufacture recylced materials. The TF
has formed an ad-hoc committee to prepare the application should
all cities and the County demonstrate interest in moving forward
with the designation.
It is staff's opinion that recycled materials market development
is a critical component of successful solid waste management
programs and therefore recommends Council adoption of the
resolution supporting the MDZ designation.
'-01
��iiii��i►l�IiiIIIIIfIP► ���Ui city of san s OBISPO
11111,101111, is COUNCrm.... AGENDA REF%RT
Page 3
I
SLOACC Input
i
Attachment 2 is a report from the SLOACC staff that provides more
detailed information on the JPA and MDZ issues. Please note that
the Council has already acted on designating SLOACC as the
Congestion Management Agency and will consider designating SLOACC
as the Metropolitan Planning Organization at a future meeting.
FISCAL IMPACT:
There are no fiscal impacts involved in the recommendation. The
fiscal impacts involved in implementation of regional AB 939 plans
will, however, be significant and will require careful analysis.
ATTACHMENTS:
i
Resolution
112" - SLOACC Report
e\solidwas.jpa
i
i
i
I
t
/-3
• - na.a.uuuucua. �
San Luis Obispo -zea Coordinating ,ouncilde
Aa ode
ro
Grover City
Morro Bay
rand Regional Transportation Planning Agency Paso Robles
Pismo Beach
San Luis Obispo
- San Luis Obispo County
DATE: JANUARY 2, 1992
TO: GOVFISMC BOARDS, SAN IIIIS OBISPO CITIES AND COUNTY
FROM[: RON DeCARLI, SAN IVIS OBISPO AREA COORDINATING COUNCIL
EXECUTIVE DIRECICiR
SUBJ: * FCFKK=ON OF A JPA FOR SOLZD WASTE MANAGEMENT;
* ADOPTION OF A RESO1=CK IN SUPPORT OF THE DFSIGNATICN OF THE SAN
IVIS OBISPO COUNTY AREA AS A REC aM G MAMW DEVELOPMENT ZONE;
* DESIGNATION OF THE AREA COUNCIL AS THE MROPOLITAN PIANNING
ORGANiIZATIC>Ni (MPO) FOR SAN IVIS OBISPO COUNTY;
* AND,, DESIG NATICSd OF THE AREA COUNCIL AS THE CONGESTION MANAGEMV
AGENCY (CMA) FUR SAN IDIS OBISPO COUNTY.
S[IIffAARY
The attached staff reports describe these three issues in detail. Each �
item should be discussed as separate issues.
* The issue of the formil.ation of a Joint Powers Agreement for Solid
Waste Management is panted as a discussion item in order to allow
yaw input prior to drafting a document for consideration by the
affected agencies. The Draft Sauce Reduction and Recycling Elements
as well as the need to develop Household Hazardous Waste Elements and
Solid Waste Facility Siting Elements are anticipated to result in the
need for a regional effort to effectively a000tplish these Programs.
* The adoption of a resolution in support of the designation of the San
In;s Obispo region as a Recycling Market Development Zone. This State
program offers incentives to businesses that produce and/or utilize
recycled materials as feedstock in the manufacture of products.
* The need for designation of an Metropolitan Planning Organization
(PPO) is the result of the 1990 Census, utich showed that the City of
San Iris Obispo and the x+*prated area around the City has a
population of over 50,000 and is now classified as an Urbanized Area.
Ztme MPO status is a federally required designation. The appointment
of the Area Council as the MPO for the region IS primarily justified
by the fact that it has been the Regional Agency for
many years. The responsibilities of the MPO are a direct extension of
these functions.
* Also due to the Urbanized Area classifioatiM is the requirement to
establish a Qm%jestiQn Management Agency .(CMA) and Prepare a
Cctgesticn Management •Plan (CMP) . The CMA and CMP requirements,mems are
state mandated.
It is anticipated that the entire oast of carryiM out the
responsibilities of the MPO and CMA will be paid for with Federal Planning
and grant funds.
County Government Center, San Luis Obispo, CA 93408 (805) 549-5612 I—�
San Luis Obispo L ea Coordinating ouncil Arroyo ode a
AtaGrover Gry
Monro Bay
and Regional Transportation Planning Agency Paso Robles
Pismo Beach
San Luis Obispo
- San Luis Obispo County
TO GOVERNING BOARDS, SAN LUIS OBISPO CITIES AND axDn Y
FROM- STP.UE DEVFNCENZI, AREA C00RDINATIriG COUNCIL STAFF
DATE: JANUARY 1992 i
t
SUB=: ORGANIZATION PROPOSAL - WPFERATED 9,9rE MANAGEMERr AUTHORITY
PIXX2IICIIDMON: Provide direction an the desired level of involvement, I
apprOpriate functions, arra powers that your jurisdiction would support for
an Integrated Waste Management Agency to be formed in San Luis Obispo
County.
SUMMARY: The functions and activities required of cities and canities to
attain the state mandated goals of a 25% reduction in the waste stream by i
1995 and a 50% reduction by the year 2000, combined with hazardous waste
requirements and the need to site and permit new landfill capacity, gives
rise to the proposal by the Solid Waste Task Force to create an
"Authority" for the purpose of managing a comprehensire approach to these
issu in San Luis Obispo Cmmty. The Solid Waste Task Force and the Area
Camcil are seeking the input of each of the member jurisdictions in
evaluating this issue and developing a structure for the proposed
organization.
DISCUSSION:
The proposed Source Reduction and Recycling Elements (SRRFs) , the LTxming
Household Hazardous Waste Element (HHWE) and Countywide Siting Element
(cSE) will require the development of a new approach to the style arra
organization of waste management systems. The Solid Waste Task Force
(SWIF) has examined this issue and is recommending ng the establishment of a
Joint Pawers Authority (JPA) , through a joint powers agreement process, to
manage and implement programs to accomplish the goals, objectives and
policies contained in the SRREs, as well as the programs and facilities
that will be cuing forward regarding hazardous wastes aril facility
siting.
The regulatory climate developing at the state and local levels, combined
with itx-road envircruental awareness, and privatizing of essential
public services, is reflective of needed fundamental changes in the
institutional organization and control of solid waste service delivery.
Recycling and composting requirements present anoeportu.+;ty to capture
materials formerly considered to be waste products and turn them into
resources that benefit the commuiity and environment. This process will
lead to job generation and the more efficient use of energy and materials,
as well as, reducing pollution and the avoidance of unnecessary
landfilling activity.
County Government Center, San Luis Obispo, CA 93408 (805) 549-5612 /��
These changes are resulting in a significant evolution of solid waste
systems. The industry is being viewed increasingly as a utility rather
than just a competitive industry. Collecting, processing, composting and
marketing of disposed materials, along with the safe disposal of residues
with no economic value or use, is an essential utility central to the
public health, safety and welfare. This view places solid waste in a
context that is muds the same as water, sewer, electrical, natural gas, or
tel, oservices. If we are to consider these services as
utilities, and by definition utilities are natural monopolies, it will
require r e the development of appropriate public and
regulatory structures to ensure that public demands are met, that service
is adequate, and that rates are reasonable and appropriate.
The need for the proposed organizational structure is based on the
recognition that a cooperative countywide effort is the most eeonmical
and practical approach to accomplish the goals of the planes under
consideration. The SWPF eomined three basic structures for the proposed
organization:
Lead Agency - one existing jurisdiction managing the system
Joint Powers Authority - a multiple agency consortium
District - the formation of a Sanitary or Special District
In-evaluating these alternatives the SWPF determined that;
* A lead agency approach does not allow adequate participation by the
affected agencies.
* A district would have fund-raising advantages arra greater authority to
initiate and control programs and projects. However, the loss of
local control, the need to conduct elections and obtain state
legislative action to create a district to meet our particular needs
was considered an approach that was not workable at this time.
* The SWrF has recommended the formation of a Joint Powers Authority to
plan and manage the proposed regional solid waste programs. This is
based on the ability to have all jurisdictions rested on an
Authority Board, the existence of a working model for this type of
organization thru the Area Council and the SWPF, and the ability to
create a Joint Powers Agreement that is shaped to meet the particular
needs we define.
The current structure of solid waste management systems in San Luis Obispo
County are not organizes in a coherent system. Each jurisdiction has
individual contracts for waste collection and/or recycling (although some
efforts have been made by Arroyo Grande, Pismo Beads and Grover City to
coordinate on these ;ssu recently) . The County is responsible for
landfill sites (with the emotion of Paso Robles),, and rates and services
vary considerably from jurisdiction to jurisdiction for waste collection,
recyr.Unq, ccometri a r aeoaurts, etc.
There is a need to begin looking ahead and developing a long term
chive strategy. This has been brit to the fore with the
adoption of the Integrated Waste Management Act of 1989 (AB 939 Sher) .
This legislation requires the development of Source Reduction and
gecye ing Elements (SUMs) , old Hazardous Waste Elements (MVE) ,
Countywide Siting Elements (CSE) and a Countywide Integrated Waste
Management Plan (CoIWW) .
Zhe following excerpts from the Government Code allow the formation of a
JPA for the purposes of waste management activities.
Public Resources Code Section 41823 states in part:
"A city or county may enter into a memorandum of understanding with
another city, county, regional planning aJency, agency formed under a
joint exercise of powers agreement, or district established to manage
solid waste for the purpose of preparing and implementing source
reduction arra recycling elements, household hazardous waste elements,
or a countywide integrated waste management plan."
Government Code Section 6500 et seq. authorizes the formation of entities
where agencies possess omm onn powers that they wish to exercise jointly.
In this. respect, section 6502 provides, in part, as follows:
"If authorized by their legislative or governing bodies, two or more
public agencies by agreement may jointly exercise any power cion to
the contracting parties . . .
"It shall not be necessary that any power cion to the contracting
parties be exercisable by each such contracting party with respect
to the geographical area in which such power is to be jointly
exercised. . ."
Sections 6507 and 6508 go on to permit formation of a separate agency
pursuant to such an agreement, with the power to hire employees and to
contract for services.
The cities and county possess the necessary common powers to form a JPA
for both planning and implementing waste management plans and programs.
However, it should be noted that the ultimate responsibility and liability
for preparationand ;upl eme*+taticn of any such plan would remain with the
cities and comity whether or not a joint powers authority were farmed.
Disci cns regard ug needed legislative charges to AB 939 have identified
fied
.the i ssm of regionalized;red and/or shared liability, facilities, accoLn*ing
and materials tracking as areas that warrant modification. Muoe issues
will be proposed for inclusion YY in the SIAAOC legislative program.
7he decision of the cities and County to work together through the Area
Cmnw4l to prepare the SRREs was a major step toward developing an
approach that begins to pull the individual efforts of the separate
jurisdictions together in a comprehensive fashion. Mus approach has
allowed for the formulation of the SRREs in a manner that will result in
documents that provide for similar programs in each community and plans
that are highly compatible that will easily be shaped into the required
Countywide Integrated Plan (CoIDW) . It is anticipated that the MM will
be developed for each jurisdiction in the same manner, with the goal of a
single consistent and comprehensible program for all residents of the
may
Ibe SWIF recognizes that our county has distinct waste sheds that need to
operate independently for the most part. The need and ability to address
certain issues such as:
public awareness, source reduction, technical assistance,
regulatory pry, economic incentives, market development,
joint purchase pools, household hazardous wastes, and other programs
and facilities such as material recovery facilities (MRF) and
o�ostirng facilities;
can be developed and' managed at a regional level more economically arra
efficiently than when approached on an individual basis.
The Area Council currently is involved with policy development and
planning for these concerns. M'ne question. at this point is whether the
desire is to place functions such as:
* program implementation,
* systems management,
* and facilities implementation
under the direction of a joint powers agreemer t, a district or lead
agency-
In addition, the various powers ascribed to the proposed organization will
have to be determined. These powers might include all or same of the
following:
* (amide Contract Administration
* Countywide Waste Flow Control
* Countywide Rate Setting
* Coordinated Plan Irgnleunentation
* Countywide Market Development & Marketing of Recyclables
* Operations
* Assumnticn of Public C rdi nance Power
* Funding
* landfill Development
The pimp of this issue before each of the jurisdictions in the sooty
at this time is to obtain feedback frcmm the governing body of each agency
as to what level of involvement and style of organization will receive
support. The SWTF has directed their subcommittee on this issue to
develop their recommended m1anizational documents to be brought back
before the SWPF, Area Council and ultimately each ju risdi cticn for
adoption. The committee,, Area Council, and SWPF want your input to allow
this issue to move froward with a clear sense of what is supported and
desired within each community.
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San Luis Obispo z-xrea Coordinating council Arroyo aGe
Grover City
Morro Bay
rand Regional Transportation Planning Agency Paso Robles
Pismo Beach
San Luis Obispo
- San Luis Obispo County
TO: GLOVE WIM BOARDS, SAN IDIS OBISPO =IES AND O xuN
FF04: STEVE DEVENC EM
DATE: JANUARY 1992
SEW: RESDILMON IN SUPPORT OF THE ESIABLZSHKEIM OF A
RDCYCUM MR= DEVELOPMENT ZONE FOR SAN ILTIS OBISPO COERM t
Me Solid Waste Task Force (SWrF) is proposing that the Cities and County
of San Luis Obispo join in the submittal of an application for the
designation of a Recycling Market Development Zone (MDZ) in our county.
This application process requires resolutions of support from all
jurisdictions participating in the proposed zone. i
I
I The zone designation will provide for state support in the establishment
of business activities that utilize and manufacture products that have a
recycled materials content. Area Council Staff will present additional
information on the proposed zones to yes governing board when this item
is scheduled.fcr oonsideratiOn.
We feel the opportunity for designation as a MDZ would be of benefit to
all jurisdictions arra should be pursued at this time. An ad-hoc ccmmaittee
is being formed to complete the application package and will keep yaw
staff informed of their progress tbru the SWTF and Area Qxmcil.
i
1-rI
County Government Center, San Luis Obispo, CA 93408 (805) 549-5612
SAMPLE RESOLUTICN FOR THE MAIUM DEVEMPMENT ZONE APPLICATION
BION OF THE NAME OF JURIS'DICT'ION
RESQIiTTZON NO.
RESOU] ION IN SUPPORT OF THE ESTABLISHMENT OF A
COUNTYWIDE RECYCLING AND MAI= DEVEIDPMENP ZONE
MEMS,, AB939 (Sher) requires that each city and county reduce the waste
strew by 25% by 1995, and by 50% by the year 2000; and,,
WHEREAS, recycling and market development are key activities in developing
an action plan to fi,l y accomplish the statutorily required solid
waste diversions; and,
WHEREAS, the State of California has established a program under Title 14,
Q1apter 4, Resource Conservation Programs, Article 1. Market Development
Prams that provide for the estaht;cl,nw.,t of Recycling n Market
Development Zones; and,
MRFAS, the cities and County of San Luis Obispo desire estabi,sk of
such a zone in San Iuis Obispo County; and,
WHEREAS,, current waste management practices and coalitions are favorable
to development of postconsumer waste material markets; and,
SFAS, the designation as a Recycling Market Development Zane is
necessary in order to assist in attracting private sector recycling
investments to the area.
NOW THEWCRE BE IT RESOLVED, that the name of jurisdiction does hereby
support the application for, and development of, a Market Development Zone
for the Cities and County of San Luis Obispo.
NL9EiM DEVEIOPME r ZONE APPLICATION O�N1'F3�'I5
1. Name(s) and address(es) of the applicant or applicants, and
2. The name, address, and phone number of the zone C-Ul nistratcr, and
3. The location of the proposed zone, as follows:
* A native description of the zone's boundaries and location within
the State.
* On a street map, clearly identify the boundaries of the zone.
* A copy of the Basting General Zoning and Land Use Maps for the zone
area arra the area immediately surrounding it. Clearly identifying the
boundaries of the zone on this map, and
4. Ietters of support and commitment from all cities, eounties, .agencies,
ergan;wticns, financial i nst;tint;cns, and bl]Sj , including all waste
haulers, which bave been identified as zone participants, and
5. A resolution from each governing body having Jurisdiction over any
perticn of a proposed zone that makes the following findings:
* The current waste management practices and c m ditiens are favorable to
development of postomm mer waste material markets.
* The designation as a recycling market development zone is necessary in
order to assist in attracting private sector recycling investments to
the area.
6. A detailed recycling market development plan teat must include the
following:
* An analysis of .how the zone will supply the necessary feedstock to
support the number and types of businesses planned for development
within the zone.
* A marketug plan that describes how the zones will attract new, and
expand existing, businesses.
* A description of the fmxb g and arganimtlonal structure of the
proposed Zone.
* A description of the incentives the local governments plan to offer to
businessesin the proposed zone.
* A description of the financial support that will be available to
businesses in the proposed zone.
* An analysis as to whether the available or planned public works system
will be able to support the zone.
* A description of the real property and buildings available in the zone
for market development purposes.
STATEW= RMECLIM MMU= DEVEICP ERo OSTDCZRVFS
for the F RSP DESIGNIlATICK CYCLE
Apel; ;nnc will be evaluated and scored based upon how well they fulfill
the following objectives.
* Tb select Zones that have the greatest regional effect and distribute
the g raT;tally to sLi= late statewide market development.
* Tb select Zones that promote the use of innovative recycling
tedunologies and utilize secondary materials to manufacture and produce
value added products.
* Tb select Zones that extend regional landfill capacity.
OUrLQ4E FUR RECYCLING AND MARKET DEVECDPMENNP PROGRAMS
1. LOCAL MW= FACIA
* Define local markets
* Determine how collection and processing methods effect material
quality and marketability
* Change of focus E v program-driven approach to market-driven approach
* Allow markets to dictate methods of collection and processing
2 DE,'VEMP IJ IIOkGES BETWEEN RF)CYCC IM. LOCAL COMKUNTTY ECONCMIC
DEVEMPMENT, BUSINESS RETENTION AND EXPANSION
* Inventory local businesses to catalogue activities and resources
k Establish by ordinance that all business lid renewals,, building
permits, and now development proposals require proof of waste
collection ecti nn specifications that include recyclable collection arra
appropriate facilities to accommodate handling and storage.
3. REVIEW EXISTING PGFMKEJI'S• PREPARE FOR FUTURE NEGOTIATIONS
* Define appropriate areas of concern
* Review collection and disposal contracts, rate structures, solid waste
facility permits, and ordinances to identify changes needed to
encourage both market development and community economic development
* Utilize the jurisdiction's power to negotiate
4. UTILIZE COORDINATING BODY TO iNiB3RATR GOALS INVOLVING:
LOCAL GOVERNM RV PLANNERS/ EODNCKrC DEVELOPMENT PROFESSIONALS/
AND THE BUSINESS COMMUNITY
* Develop specific market development goals and objectives
* Create a local Recycling Business and Market Development Advisory
Board to assist in the of the market development
programs
* Establish aggressive local procurement policies and encourage this as
a model for local businesses
5. ENCOURAGE MARKT DEVE MPMENT THROUGH LOCAL BUSINESS OPPORPCIIIM
* Ercou age diversity of applications for small and nonprofit
businesses for collection, materials reuse, processing, arra sale of
recyclable materials
* Co xbx t aggressive outreach to smwl l , mi ncrity-owned and non-profit
hmnesses currently involved in recycling activities for inclusion in
RFP and contract negotiation processes.
* CondLict aggressive outreach to businesses and large generators of
waste to encourage waste ruction, reuse strategies; and procurement
policies.
* Assist in obtaining fundy�g and finance oppartu ides for business
expansion and development in recycling activities. ,
6. COORDINATE REGIONAL NL4RKET DEUELDPMERr STRATEGIES
alk Maintain a regional proms and perspective
i ve
* Coordinate market development actions to benefit all jisisdictions
* Investigate cooperative marketing arrangements
* Identify regional market needs
* Provide assistance in planning manufacturing facilities
* Establish regional materials exchange program
/-a I
v 1 ,
AN ECONOMIC DEVELOPMENT_ _ .F_INA_NCING. SYSTEM..
CREATE MARKETS FOR RECYCLED MATERIALSn.,__=
GOALS OF THE EDF SYSTEM:
• Solving our solid waste problems without throwing.a; lot of
public- money at them ,
• Stimulating private sector investment . in companies. which can
substitute recycled .-material for-virgin material in _
manufacturing either existing products or new products
* -Using SBA loan guarantees. and subordinated loans to bring banks
and companies together for their mutual..benefit and to
accomplish a public purpose
FUNCTIONS OF THE PUBLIC SECTOR IN THE EDF SYSTEM:.
• Marketing
Getting community support -
Getting the, banks. interested _
Creating a flow of deals
• Screening
Making sure the loan purpose is eligible
Making. sure we're working with a good company and a. feasible
project
Making sure the project fits into regional solid waste plans
• Packaging
Preliminary reviews with- bank -
Assembling
ith- bank Assembling paperwork ..-_
• Negotiating and Closing _
Monitoring ,approval. process
- . - .r_... _= - -
Securing additional documentation` "
Restructuring terms to solve'" problems` -
: � _�� A
OUPLINE FOR RECYCLING AND MARKET DEVELOPMENT PROGRAMS
1. LOCAL MARKED FACTORS
* Define local markets
* Determine hors collection and processing methods effect material
quality and marketability
* Grange of focus from program-driven approach to market-driven approach
* Allow markets to dictate methods of collection and processing
2. DEVELOP LINKAGES BEIWEEN RECYCTQC, LOCAL COMMUNITY DOONa-IIC
DEVELOPMENT. BUSINESS RErEWIQN AND EXPANSION
* Inventory local businesses to catalogue activities and resources
* Establish by ordinance that all business license renewals, building
permits, and new development proposals require proof of waste
collection specifications that include recyclable collection and
appropriate facilities to accoa®odate handling and storage.
3. REVIEW EXISTING AGREEMENTS; PREPARE FOR FUIURE NE=ATIONS
* Define appropriate areas of ooncern -
* Review collection arra disposal contracts, rate structures, solid waste
facility permits, and ordinances to identify changes needed to
encourage both market development and ommmmity economic development
* Utilize the jurisdiction's.power to negotiate
4. UTILIZE cocron ,Tim BODY m Tnmr, = GOALS INVOLVING:
IDM GOVF NNr/ PLANNERS/ ECONU4IC DEVELAPNNhNr PROFESSIONALS/
AND ME BUS32UM CCM NM
* Develop specific market development goals and objectives
* Create a local Recycling Business and Market Development Advisory
Board to assist in the establishment of the market development
programs
* Establish aggressive local procurement policies and encourage this as
a model for local businesses
5. ENCOURAGE MARKET DEVELOPMENT THROUGH LOCAL BUSINESS OPPORTUNITY
* FYncourage diversity of applications for small arra nonprofit
businesses for collection, materials reuse, processing, and sale of
recyclable materials
* Conduct aggressive outreach to small, minority-owned and non-profit
business currently involved in recycling activities for inclusion in
RFP and contract negatiaticn processes.
* Conduct aggressive outreach to businesses and large generators of
waste to encourage waste reduction, reuse strategies, and procurement
policies.
* Assist in obtaining funding and finance opportunities for business
expansion and development in recycling activities.
6. COORDINATE REGIONAL MARKET DEVELAPKENNr SrRATBSIFS
* Maintain a regional program arra perspective
* Coordinate market development actions to benefit all jurisdictions
* Investigate cooperative marketing arrangements
* Identify regional market needs
* Provide assistance in planning manufacturing facilities
* Establish regional materials exchange program
�-a I
MEEn
D TE N f y� AGENDA �
REVISED 'ANO#
RESOLUTION N0. (1992 SERIES)
RESOLUTION IN SUPPORT OF THE ESTABLISHMENT
OF A COUNTYWIDE RECYCLING AND MARKET DEVELOPMENT ZONE
WHEREAS, AB 939 requires that each city and county reduce the
waste stream by 25% by 1995, and by 50% by the year 2000; and
WHEREAS, recycling and market development are key activities
in developing an action plan to successfully accomplish the
statutorily required solid waste diversions; and
WHEREAS, the State of California has established a program
under Title 14, Chapter 4, Resource Conservation Programs, Article
1. Market Development Programs that provide for the establishment
of Recyling Market Development Zones; and
WHEREAS, the City of San Luis Obispo and County of San Luis
Obispo desire establishment of such a zone in San Luis Obispo
County; and
WHEREAS, current waste management practices and conditions are
'favorable to development of postconsumer waste material markets;
and
WHEREAS, the designation as a Recycling Market Development
Zone is necessary in order to assist in attracting private sector
recycling investments to the area.
NOW, THEREFORE, BE IT RESOLVED, that the City of San Luis
Obispo does hereby support the application for, and development
of, .a Market Development Zone for the cities and counties of San
Luis Obispo and will complete actions stated in the city approved
application which apply to the City of San Luis Obispo.
Upon motion of , seconded by
and on the following roll call vote: