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
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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
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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.
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DISCUSSION:
Background
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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 .
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1e011llbil ili I il;ll' city of San Luis OBISPO
1A.1' COUNCIL AGENDA REPORT
MOA - Regional Solid Waste Management
Page 2
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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-
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city of San WI S OBISPO
COUNCIL AGENDA REPORT
MOA - Regional Solid Waste Management
Page 3
tion budget and awarded the consultant contract.
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FISCAL IMPACT:
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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.
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ATTACHMENT:
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i, Memorandum of Agreement
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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
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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.
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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
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nWHEREAS , it may become necessary to increase the tipping fee
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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
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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
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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
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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
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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
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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
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Dated: Q D
7023e
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