Loading...
HomeMy WebLinkAbout06/05/2001, C8 - SPECIAL DISTRICT MEMBERSHIP TO THE SLO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY council June ne 5 2001 acEnaa Report ��m� c8 CITY OF SAN LUIS O B I S P O FROM: John Moss, Utilities Dire4eation Prepared By: Ron Munds, Utilities Co Coordinator SUBJECT: SPECIAL DISTRICT MEMBERSHIP TO THE SLO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY CAO RECOMMENDATION Authorize the Mayor to execute .the San Luis Obispo County Integrated Waste Management Authority's Memorandum of Agreement regarding Special District's membership to the SLO County Integrated Waste Management Authority. DISCUSSION SB 2202, which was signed by the Governor last year, allows solid waste regional agencies to add a special district representative to its board. After enactment of SB 2202, the San Luis Obispo County Integrated Waste Management.Authority(1WMA) formed a subcommittee consisting of Supervisor Harry Ovitt and Shirley Bianchi and Arroyo Grande Councilman Tony Ferrara(all current IWMA Board members) to formulate a recommendation on Special District membership to the IWMA. The subcommittee met several times and developed a Memorandum of Agreement (MOA) to allow the addition of a Special District representative to the IWMA. Board. The current IWMA Board Members are San Luis Obispo County and all cities within the County except for the City of Paso Robles. The Special District representative will increase the number of Board Members from 11 to 12. The addition of the Special District representative will allow input from special districts as regional programs are being developed and implemented. For the MOA to be effective all IWMA Board Members and at least three special districts with solid waste authority must execute the MOA. Examples of Special Districts which may be included in the IWMA are Templeton Community Services District, Los Osos Community Services district and Oceano Community Services District. The complete text of the MOA is included as Attachment 1. The MOA key points are as follows: 1. Purpose. Add one special district representative to represent all signatory Special District to the MOA on the IWMA Board. 2.Membership. A. Any special district which provides solid waste services may sign the MOA. B. The special districts which have signed the MOA appoint one regular and one alternate representative to represent their collective interests on the IWMA Board. C $--I Council Agenda Report—IWMA Special District Membership Page 2 C. The appointed representative and alternative shall be elected members. 3.Existing Joint Powers Agreement. Districts are bound by the terms and conditions of the existing IWMA Joint Powers Agreement, including directing their refuse to a landfill which collects the three dollars per ton fee for funding of IWMA programs. 4. Withdrawal and Dissolution. Any District may withdraw with 30 days notice. 5. Effective Date. All current IWMA members and at least three districts must execute the MOA.. FISCAL IMPACT There is no fiscal impact associated with the.recommended action. ATTACHMENTS Attachment 1- IWMA Memorandum of Agreement MEMORANDUM OF AGREEMENT BETWEEN THE MEMBER JURISDICTIONS OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY(COUNTY OF SAN LUIS OBISPO AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER BEACH,MORRO BAY, PISMO BEACH, AND SAN LUIS OBISPO) AND THE HERITAGE RANCH COMMUNITY SERVICES DISTRICT, SAN MIGUEL COMMUNITY SERVICES DISTRICT,NIPOMO COMMUNITY SERVICES DISTRICT, SAN MIGUEL SANITARY DISTRICT, CALIFORNIA VALLEY COMMUNITY SERVICES DISTRICT, CAMBRIA COMMUNITY SERVICES DISTRICT, CAYUCOS SANITARY DISTRICT, OCEANO COMMUNITY SERVICES DISTRICT,LOS OSO.S COMMUNITY SERVICES DISTRICT, AND TEMPLETON COMMUNITY SERVICES DISTRICT REGARDING MEMBERSHIP ON THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORTTY THIS MEMORANDUM OF AGREEMENT (hereinafter referred to as the"MOA") is executed on the date below stated by and between.the member jurisdictions of the San Luis Obispo County Integrated Waste Management Authority(hereinafter referred to as the"IWMA") and the Heritage Ranch Community Services District, San Miguel Community Services District, Nipomo Community Services District, San Miguel Sanitary District, California Valley Community Services District, Cambria Community Services District, Cayucos Sanitary District, Oceano Community Services District, Los Osos Community Services District, and Templeton Community Services District(hereinafter referred to as the"Districts"). RECITALS WHEREAS, the member jurisdictions of the IWMA entered into a joint powers agreement on May 10, 1994, to achieve the mandates of the California Integrated Waste Management Act of 1989, to plan for, suggest, and implement solutions to common solid waste.problems, to assist with programs by utilizing the professional talents of the various governmental entities in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, the IWMA member jurisdictions established a regional agency in accordance . with Public Resources Code section 40973; and WHEREAS, pursuant to the Joint Powers Agreement referenced above and Public Resources Code section 40973, the IWMA member jurisdictions have agreed that said regional ",-.:,;y, and not the individual IWMA member jurisdictions, shall be responsible for compliance with the waste diversion requirements set forth in Public Resources Code section 41780,et seq.; and WHEREAS;Public Resources.Code section 40977 authorizes a regional agency to allow one district to be included as a member of the regional agency; and WHEREAS, the IWMA member jurisdictions are desirous of including a special district representative on the IWMA Board.of Directors pursuant to Public Resources Code section 40999 to represent the interests of all special districts within San Luis Obispo County who provide their residents with the collection and disposal of solid waste under State law; and WHEREAS,the special districts possessing responsibility for solid waste management are obligated by law to comply with the source reduction and recycling element and household hazardous waste element adopted by the County of San Luis Obispo; and WHEREAS, the special districts within San Luis Obispo County are desirous of joining the IWMA and selecting from among themselves a representative member to sit on the IWMA Board of Directors. NOW, THEREFORE, IT IS.AGREED AS.FOLLOWS` 1. Purpose. This MOA is entered into for the purpose of providing representation on the IWMA Board of Directors for districts within San Luis Obispo County who possess the authority to manage solid waste within their jurisdictions. It is the intent of the parties that the -2- p ,f � O � f representative sitting on the IWMA Board on behalf of the various districts shall have all of the rights and powers granted to an IWMA member under the JPA. 2. Membership. Membership of a special district on the IWMA Board of Directors shall be provided for as follows: A Membership on the IWMA Board of Directors shall be available to any Independent Special District within the San Luis Obispo County which currently provides solid waste collection and disposal services and has executed this MOA(hereinafter referred to as"Authorized.Districts"). B. Authorized Districts in accordance with procedures to be established by said Districts shall appoint one regular member and one alternate member to represent Authorized Districtslon the IWMA Board of Directors. Said selected representatives shall Tepresent the collective interests of all Authorized Districts on the IWMA Board of Directors. The selected representatives shall serve subject to such terms and conditions as may be established at the sole discretion of the Authorized Districts. C. The representative so appointed shall be an elected Authorized District officer residing within the County but shall not be a member of a legislative body of a city or county. The appointed representatives shall attend the meetings of IWMA Board of Directors. The representative and alternate shall serve so long as they hold an elected office with their member agency, or until they resign or are removed by a majority vote of the Authorized Districts. Vacancies shall be filled in the same manner as the initial appointments. D. - The alternate shall be entitled to vote on IWMA matters only in the absence of the representative. E.. Designation of the representative and the alternate serving on behalf of Authorized Districts, as well as changes thereto, shall be transmitted in writing to the manager of the Authority. In addition, to any district presently a party to this MOA, any other district that provides solid waste collection or disposal services which may desire to participate in the activities of the Authority may do so by executing this MOA and, thereafter, shall be governed by all the terms and provisions of this MOA as of the date of execution. 3. Existing Joint Powers Agreement. By executing this MOA, the undersigned districts each agree to be bound by the terms and conditions of the Joint Powers Agreement dated May 10, 1994, a copy of which is attached hereto and incorporated by reference as Exhibit A. 4. Withdrawal and Dissolution. Any district which is a party to this MOA may withdraw from the MOA, with thirty (30) days written notice, and may terminate its participation in this MOA by resolution of its governing board. The withdrawal of the member shall have no effect on the continuance of this MOA by and between the remaining members, and the MOA shall remain in full force and effect with respect to the remaining members. No withdrawal shall become effective until thirty(30) days after receipt of written notice by the Authority. The MOA may be terminated by a joint agreement executed by the IWMA member jurisdictions and the districts which are a party hereto. 5. Notices. All notices which any IWMA member, district or the authority may wish to give in connection with this MOA shall be in writing and shall be served by personal delivery during usual business hours at the principal office of the IWMA member, district or authority, to an officer or person apparently in chargeof that office, or by depositing the same in the United States mail, postage prepaid, and addressed to the IWMA member, district, or authority at its principal office, or to such other address as the IWMA member, district or authority 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 date of service by personal delivery, or two days thereafter by mailing if deposited in the United States mail. 6. Severability. Should any part, term or provision of this MOA be decided by a final judgment of a court of competent jurisdiction to be illegal or in conflict with any law of the State -4- of California, or otherwise be unenforceable or ineffectual, the validity of its remaining parts, terms and provisions shall not be affected. 7. Effective Date. This MOA shall take effect upon its execution by the Chair or Mayor. and Clerks of the governing bodies of all current IWMA members and at least three community service districts or sanitation districts that provide solid waste handling,services or implement source reduction and recycling programs, 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 MOA may be executed in counterparts which together shall constitute a single agreement. 8. Amendment of JPA Execution of this MOA by all of the member jurisdictions of the IPA shall constitute an amendment of the JPA with regard to inclusion of special districts for representation on the IWMA: All other terms and conditions of the JPA shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this MOA as of the date and year hereinabove written. 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 Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: CITY OF GROVER BEACH 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: CITY OF PISMO BEACH By. Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: HERITAGE RANCH COMMUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: SAN MIGUEL COMMUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: -9- C —�� CITY OF SAN LUIS OBISPO By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: C' Atto ey Dated:j&,j 3r L o6 COUNTY OF SAN LUIS OBISPO By: Date: - Chairperson Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Deputy County Counsel Dated: -8- C�'�� NIPOMO COMMUNITY SERVICES DISTRICT By: Date: Chair . Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: SAN MIGUEL SANITARY DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: -10 C g��� i CALIFORNIA VALLEY COMMUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: CAMBRIA COMMUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT:, By: Attorney Dated: -I I- CAYUCOS SANITARY DISTRICT By: Date: Chair Resolution No._ Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: OCEANO COMMUNITY SERVICES DISTRICT By Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: -12- Owl 4 12Owl4 TEMPLETON COMMUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: LOS OSOS COMMUNITY SERVICES DISTRICT By: Date: Chair Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: Attorney Dated: 7423ktagr.wpd PIVJMA -13- Cg��