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.
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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
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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
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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:
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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:
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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:
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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:
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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:
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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:
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