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HomeMy WebLinkAbout10/02/1990, C-7 - MEMORANDUM OF AGREEMENT FOR PREPARING THE COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN MEETING DATE: " yilil) ' I,, MY of San LUIS oBispo OCTOBER 2, 1990 a:.il ITEM NUMBER: gumbo COUNCIL AGENDA REPORT i FROM: David F. Romero, Public Works Director PREPARED BY: David Elliott, Administrative Analyst � L.. SUBJECT: Memorandum of Agreement for Prepari"e Countywide Integrated Waste Management Plan I CAO RECOMMENDATION: By motion, 1. ratify the memorandum of agreement allowing preparation of regional solid waste management plans through the joint powers agreement of the San Luis Obispo Area Coordinating Council 2. authorize the mayor to execute the memorandum of agreement for the city. �I DISCUSSION: Background I Last fall the California Legislature enacted the California Integrated Solid Waste Management Plan of 1989, commonly known as "AB 93911 , 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 com- prehensive 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 charac- terization, source reduction, recycling, composting and house- hold hazardous waste. • Each city must submit its SRRE to the county by July 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 Manage- ment 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 Califor- nia Integrated Waste Management Board by July 1, 1992 . I I 1e011llbil ili I il;ll' city of San Luis OBISPO 1A.1' COUNCIL AGENDA REPORT MOA - Regional Solid Waste Management Page 2 I At its meeting on May 1, 1990 the city council approved a memo- randum of understanding among the county and the cities stipulat- ing that: o the county and the cities would collectively engage a consul- tant and a project coordinator to prepare all of the SRREs and the COIWMP required under AB 939 . a temporary tipping fee surcharge equivalent to $1. 00 per ton would be levied at all public landfills to pay for preparation of the SRREs and the COIWMP. Since May the solid waste task force (city delegate: Penny Rappa) and the solid waste technical advisory committee (city delegate: Dave Elliott) have recruited a consultant and negotiated a contract for preparing the SRREs and the COIWMP. Also, the county personnel department has recruited candidates for project coordinator with final selection scheduled for the week of September 24. New Memorandum of Agreement The task force and the technical advisory committee have both recommended that the San Luis Obispo Area Coordinating Council ("area council") manage the contract for preparing the SRREs and the COIWMP. Task force and committee members felt that the direct link between policymakers (county and city elected offi- cials serving as delegates to the area council) and staffinembers overseeing the contract would promote efficiency and account- ability. The new memorandum of agreement clarifies the roles and responsibilities of the area council, the county and the cities. In particular, the MOA states that: . the area council will award, execute and manage the contract for preparing the SRREs and the COIWMP . the county will provide necessary personnel, financial and legal services to the area council . from its general fund the county will appropriate the money needed "up front" to pay for plan preparation costs . the county will collect a $1. 00 per ton tipping fee surcharge from all county landfills to reimburse its general fund for plan preparation costs . the county and the cities must pay for any additional contract work they may request j At its meeting on September 19, 1990 the area council approved i the MOA and authorized distributing it to member agencies for ratification. At the same meeting it approved the plan prepara- I city of San WI S OBISPO COUNCIL AGENDA REPORT MOA - Regional Solid Waste Management Page 3 tion budget and awarded the consultant contract. I FISCAL IMPACT: I The two-year budget for plan preparation through the area council amounts to $743 , 000. The tipping fee surcharge will cover all plan preparation costs except those for additional contract work requested by the county and the cities. Staff does not antici- pate additional costs for the City of San Luis Obispo unless the city requests extra presentations -- a remote possibility. By contract the consultant must present the city's SRRE and asso- ciated environmental documents at two city council meetings, which should be sufficient following the extensive review sche- duled by the technical advisory committee, the task force and the area council. I ATTACHMENT: I i, Memorandum of Agreement I i i i i C'r-3 MEMORANDUM OF AGREEMENT AMONG THE COUNTY OF SAN LUIS OBISPO AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER CITY, EL PASO DE ROBLES , MORRO BAY, PISMO BEACH„ AND SAN LUIS OBISPO FOR PREPARATION OF. COUNTY AND CITY SOURCE REDUCTION AND RECYCLING ELEMENTS , AND THE COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN This Memorandum of Agreement (hereinafter referred to as the "MOA" or the "Agreement") is made and entered into by and between the COUNTY OF SAN LUIS OBISPO (hereinafter referred to as the "COUNTY") and the cities of ARROYO GRANDE, ATASCADERO., GROVER CITY, EL PASO DE ROBLES, MORRO BAY, PISMO BEACH, and SAN LUIS OBISPO (hereinafter collectively referred to as the "CITIES") . This Agreement seeks to define and delineate solid waste management planning responsibilities during a limited time frame C' for the subject COUNTY and CITIES under the San Luis Obispo Area Coordinating Council ' s (hereinafter referred to as AREA COUNCIL) Joint Powers Agreement which was entered into the 17th day of January, 1976, and amended on November 4, 1982, September 19, 1984, and August 28, 1990, and thereafter ratified annually. RECITALS: WHEREAS; the California Legislature has enacted the California Integrated Waste Management Act of 1989, commonly referred to as Assembly Bill 939 ; and WHEREAS , Assembly Bill 939 mandates that a new integrated waste management planning process, including compliance with specified recycling and source reduction goals , be undertaken by G ��Al the COUNTY and the CITIES located within that County, and that these actions must be taken in a timely manner ; and WHEREAS , each CITY in the COUNTY and the COUNTY for the unincorporated area, shall prepare', adopt, and implement a Source Reduction and Recycling Element (hereinafter referred to as "SRRE") ; and WHEREAS , the AREA COUNCIL shall prepare and the COUNTY shall adopt and submit to the California Integrated Solid Waste Management Board, for approval , a Countywide Integrated Solid Waste Management Plan (hereinafter referred to as "PLAN") which shall consist of the aforesaid SRREs, a Countywide Siting Element and a statement of countywide goals and objectives ; and WHEREAS, the Countywide PLAN and any amendments thereto must be approved by the COUNTY and by a majority of the CITIES within the COUNTY which contain a majority of the population of the incorporated area of the COUNTY; and WHEREAS, the COUNTY and the CITIES have convened a mandated Countywide Solid Waste Task Force to assist in the preparation of the Countywide PLAN, and individual city and county SRREs in a manner consistent with the guidelines and regulations adopted by the California Integrated Waste Management. Board ; and WHEREAS, the Solid Waste Task Force is comprised of representatives from the COUNTY and each of the CITIES , solid waste industry, recyclers , environmental organizations, and the general public and others ; and OWHEREAS , the Solid Waste Task Force has convened a Solid Waste Technical Advisory Committee to advise the Solid Waste Task Force on matters pertaining to the development of the SRREs and the PLAN, and the funding of the costs of preparing these . plans-, and WHEREAS , the Solid. Waste Technical Advisory Committee has considered various ways in which to meet the requirements set forth under Assembly Bill 939 ; and WHEREAS , the COUNTY and the CITIES have considered and acted upon a recommendation of the Solid Waste Task Force to execute a Memorandum of Understanding in which all signatories agreed 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 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 SRREs and the PLAN, as 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 SRREs and the PLAN. C 3. That the tipping fee surcharge be apportioned among all of the resi.dents of the County of San Luis Obispo in an equitable manner. WHEREAS , it is the intent of the COUNTY and the CITIES that the consultant hired to prepare the PLAN shall coordinate with County Planning Department staff and their consultant who are preparing a Countywide siting study; and WHEREAS , the County Board of Supervisors passed Resolution No. 90-383 mandating a $1 . 00 per ton tipping fee surcharge at two public landfills to be remitted to the County Auditor to be credited to the AB 939 Trust Fund, to be expended for and in conjunction with the preparation and adoption of the SRREs and the PLAN pursuant to Assembly Bill 939. WHEREAS, the COUNTY has entered into agreements with the �! operators of the Cold Canyon and Chicago Grade Landfills, in the unincorporated area of the County, for the collection of the surcharge commencing on August 1, 1990, and payment starting October 15, 1990, and monthly thereafter, for the month beginning 45 days before ; and WHEREAS , the City of Paso Robles, a signatory to the Memorandum of Understanding agreeing to a $1 .00 per ton surcharge and the owner of the Paso Robles Landfill , has also agreed to collect the surcharge commencing on September 1 , 1990. and payment starting October 15, 1990, and monthly thereafter for the month begi.nni.ng 45 days before ; and -4 ��-r nWHEREAS , it may become necessary to increase the tipping fee U surcharge to pay for unknown costs to prepare the Countywide siting element and the PLAN as regulations have not yet been adopted by the State which define the required scope of work; and WHEREAS , the COUNTY and CITIES wish to develop SRREs and a PLAN which conform to the statutory requirements set forth in Assembly Bill 939 subsequent legislation and select regulations thereunder ; and WHEREAS , the ACT provides that a city or county may enter into a memorandum of agreement with a regional planning agency for the purpose of preparing or implementing SRREs or the PLAN; and; WHEREAS , the AREA COUNCIL was established by the COUNTY and 0 the CITIES , through an .executed and annually ratified Joint Powers Agreement , as a forum for planning, discussion and study of areawide problems of mutual interest, and for the development of studies and the adoption of regional plans which could include Solid Waste Management Planning ; and WHEREAS, the AREA COUNCIL' s staffing and support services are provided, as specified in said Joint Powers Agreement, through the County Department of Planning and Building , in accordance with an annual budget and work program adopted by the AREA COUNCIL; and WHEREAS , the AREA COUNCIL. at its meeting of July 11 , 1990 considered and approved a recommendation by the Solid Waste Task C -5- Force that it act as the lead agency to provide staff, execute and admi.^i_ster a single contract for consultant services to prepare the SRREs and the PLAN pursuant to AB '939. NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED: 1 . The sole purpose of this Agreement is to facilitate the preparation of the SRREs and the PLAN utilizing the existing AREA COUNCIL as coordinating body and lead agency in the contract with a consulting firm, and that no party to this Agreement intends or does hereby assume any of the debts, liabilities or obligations of any party hereto. 2. The COUNTY and the CITIES located within the COUNTY, through the AREA COUNCIL, will collectively pursue a countywide approach to the problems of solid waste management, and in the preparation of SRREs and the PLAN as required under Assembly Bill 939. 3. The AREA COUNCIL, upon execution by all parties of this Memorandum of Agreement, is hereby designated and empowered as the party to select , negotiate and execute a contract with a Consultant for the preparation of said SRREs and PLAN. 4. Personnel in the County Planning and Building Department, in a specified classification, serve as staff to the AREA COUNCIL. The Director of the County Planning and Building Department, based upon the recommendation of the AREA COUNCIL Program Manager, shall hire a Senior Planner, under the supervision of the Program Manager, to staff said planning effort as Project Coordinator to manage the consultant contract and Ose'rve as a liaison between the Consultant and the COUNTY and the CITIES , the AREA COUNCIL, and provide related support services as requi.red.. 5. The funding of the costs for staffing and support , including the consultant contracts , and the Project Coordinator to prepare the SRREs and the PLAN, shall be generated by the COUNTY and CITIES adopting the necessary ordinances, regulations , laws and resolutions to impose a tipping fee surcharge equivalent to a minimum $1 . 00 per ton at the three above cited landfills located within the COUNTY. 6. Commencing on October 15, 1990, the Auditor of the COUNTY shall receive and receipt all money generated by the tipping fee surcharge pursuant to this Agreement. These monies C' will be maintained in a trust fund (hereafter referred to as the "AB 939 Trust Fund") by the County Auditor and transferred to the County Planning and. Building Department's budget upon direction of the Program Manager, until such time as all aforementioned costs are fully reimbursed by said tipping fee. surcharge. Amounts due on the Contract referred to herein shall be drawn upon warrants of the Auditor of the COUNTY. After termination of this Agreement as provided for in Paragraph 12, any remaining funds in the AB 939 Trust Fund shall be utilized as mutually agreed upon by the .parties. 7 . The COUNTY agrees to provide services related to the preparation of SRREs and the PLAN through the County Planning and C ' �7 Buiidi.ng Department to the AREA COUNCIL for the accomplishment of sa'..d work. The consultant ' s fees , staff salaries, and support shall be reimbursed from the AB 939 Trust Fund as provided herein. The up front monies shall be obtained from a COUNTY FY 1990-91 budget adjustment to the Planning and Building Department in the amount of $645, 900.00 as recommend and approved in an AREA COUNCIL budget for Integrated Waste Management Planning. Subsequent budget appropriations shall be provided as necessary to complete said planning effort as recommended by the AREA COUNCIL and the County Administrator and approved by the County Board of Supervisors. Until a Project Coordinator is hired and assumes the position, the County Engineering Department staff, in coordination with the AREA COUNCIL Program Manager, shall act as Project Coordinator and be reimbursed for said costs. 8. Additional costs for work tasks beyond those specifically set forth in a budget and work program to be approved by AREA COUNCIL and in the Contract between the AREA COUNCIL and Consultant are the responsibility of the CITY or COUNTY requesting such additional services and shall be borne by the COUNTY or CITY electing to have such work tasks performed. Such additional work tasks shall be performed by the COUNTY or CITY desiring them through separate contract(s) between COUNTY or CITY and the Consultant . The costs of such additional work tasks shall not be reimbursed from the AB 939 Trust Fund. 9. COUNTY and CITIES shall each be responsible for staff support to the planning effort at their own expense. Responsi_bi.li ties for plan preparation and associated funding C' requirements shall be included in the scope of work for preparing the PLAIN. 10. COUNTY and CITIES shall each be responsible for furnishing information with regard to areas under their jurisdiction for use by the Consultant including, but not limited to, the following :. available information regarding the constituent materials which compose solid waste generated within each jurisdiction, information regarding any recycling and composing programs or policies, information .regarding existing waste handling and disposal practices for solid waste.., any preferred policies and implementation measures, existing solid waste ordinances and regulations, and existing and proposed land Cuse , population, and/or zoning information. 11 . COUNTY and CITIES and each of them shall indemnify and save harmless the COUNTY and each other and the officers , agents and employees of each, from any and all claims,' demands , damages , costs, expenses or liability arising out of or occasioned by any act or omission to act by such COUNTY or CITIES pursuant to this Agreement , including, .but not limited to, any act or omission to act on the part of COUNTY'S or CITIES' agents or employees or independent contractors directly responsible to COUNTY or CITIES. 12. This Agreement shall take effect upon its execution by the COUNTY and the seven incorporated cities and shall continue until the .AREA COUNCIL'S contract with the Consultant shall have been fully performed by the parties thereto, until the SRR=s and the PLAN have been completed in accordance with the Integrated Waste Management. Act of 1989, and received by the parties hereto and submitted and approved by the California Integrated Waste Management Board and• all the obligations of the parties hereto have been performed, whereupon it shall automatically terminate, unless otherwise mutually agreed upon by the parties to this agreement. 13. This agreement supersedes all previous contracts and constitutes the entire understanding of the parties hereto. Provided however, that nothing contained in this Agreement supersedes the Memorandum of Understanding approved by the Board of Supervisors on May 15, 1990, not the Joint Powers Agreement entered into January 17, 1976, and amended on November 4, 1986 and September 19, 1984 and August 28, 1990, and ratified annually. No changes, amendments or alterations shall be effective unless made in writing by all parties to this Agreement. 14. No party to this Agreement may assign, transfer, delegate or sublet any interest therein. 15. If any term, covenants, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 16. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original . CIN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year indicated below and the Agreement will be effective as to ,said parties on the date approved and signed by the San Luis Obispo County Board. of Supervisors . CITY OF ARROYO GRANDE By: Date: [payor By: Resolution No. Clerk OCITY OF ATASCADERO By: Date: Mayor By: Resolution No. Clerk CITY OF GROVER CITY By: Date: Mayor By: Resolution No. _ Clerk -11 - e-7-H CITY OF MORRO BAY By : Date : Mayor By: Resolution No. Clerk CITY OF EL PASO DE ROBLES By : Date : Mayor By: Resolution No. Clerk CITY OF PISMO BEACH � By: Date : Mayor By : Resolution No. Clerk CITY OF SAN LUIS OBISPO By: Date : Mayor By: Resolution No. Clerk -12 - OCOUNTY OF SAN LUIS OBISPO By: Date: Chairperson Board of Supervisors By: Resolution No. Clerk Board of Supervisors MEMORANDUM OF AGREEMENT PROVISIONS APPROVED AS TO LEGAL FORM JAMES B. LINDHOLM, JR. County Counsel B y' 5epu0yount e Dated: Q D 7023e [ 0434. kw] C -13- /