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HomeMy WebLinkAbout1993-03-16; City Council; 12120; SOLID WASTE PARTICIPATION AGREEMENT.+ z Q E U 0 2 z o F o a $ z 3 0 0 /;I ~ COY OF CARLSBAD - AGEWA BILL ,+ AB # /--?./A0 TITLE: I DEPT. U&M ( ( SOLID WASTF, PARTICPATION AGREEMENT MTG. 3/16/93 RECOMMENDED ACTION: Consider staff presentation on the "Solid Waste Participation Agreement" and dirt as appropriate. ITEM EXPLANATION: The attached report (Exhibit 1) summarizes the recent history on the major soli issues in the county, particularly the development of the Solid Waste Partil Agreement. The Agreement has been developed by the County City M Association (CCMA) in cooperation with County staff. The Agreement was pi to SanDAG on February 26, 1993 and a second Solid Waste Summit is sched the SanDAG meeting of March 26, 1993. The Participation Agreement wil: major topic of discussion at the March 26 summit. Other key dates concerni waste issues are identified in Exhibit 2. The City Council briefly considered the Participation Agreement during the Soli Status report on the February 16, 1993 Council meeting agenda. At that me€ Council directed staff to propose two amendments to the Participation Agree1 Assure that there is language to ensure that the landfill tip fet equal system wide. Insert language to assure that there is a trigger mechanism for into a full fledged joint powers agency. 1. 2. Staff has discussed these issues with the CCMA committee and County staff a doesn't appear to be any opposition to the Council's request. In View of the March 26 summit Mayor Lewis and Councilmember NygE Participation Agreement in more detail. A page by page summary analys Agreement is contained in Exhibit 1 and staff will present the issue in more the Council meeting. FISCAL IMPACX: None as a result of this recommendation. EXHIBITS: 1. Participation Agreement History and Summary Analysis (to be distribute 2. Solid Waste-Key Dates Council's solid waste issues representatives, requested that the Council coni SOLID e WASTE - KEY D a TES February 16, 1993 BOARD OF SUPERWOW STAFF REPORT WILL REQUEST B TO APPROVE THE PARTICIPATIO AGREEMENT IN CONCEPT AND FORWARD THE AGREEMENT TO CITIES FOR WORKSHOPS OR AGI DISCUSSION February 26,1993 SNAG WORKSHOP ON THE PARTICIPATION AGREEMENT BOARD OF SUPERVISORS March 30, 1993 AGENDA ITEM - PARTICIPATION AGREEMENT STAFF REPORT WILL REVIEW AI NECESSARY CHANGES THAT RE! FROM THE DELIBERATIONS WI?: CITESANDWILLREQUESTTHE BOARD TO APPROVE THE AGRE' AND FORWARD THE AGREEMICIS TlcfE CITIES FOR APPROVAL BY MAY 15, 1993. May 4, 1993 BOARD OF SUPERVISORS AGENDAlTEMS 1. ERNST & YOUNG REPORT ( CIP AND SHORT AND LONG FINANCING 2. TWE TIP FEE RECOMMEND EFFECTIVE DATE OF PARTICIPATIOI AGREEMENT WlTX THE THRESl LEVEL OF PARTICIPATION ECONOMIC IUSK SURCHARGE GOES May 15,1993 June 1, 1993 EFFECT FOR NON-SIGNATORY JURISDICTIONS July 1, 1993 EFFECTIVE DATE OF NEW TIP FEE EXHIBIT 2 0 a SOLID WASTE PARTICIPATION AGREEMENT GENERAL For the past several years Carlsbad, and a few of the other north comty citie expressed increasing concern over the policy and direction of the County solid management system. In the beginning, there was concern over the cost and enviror impact of the San Marcos waste-to-energy plant. However, as County landfill 1 increased from $8/ton in 1987 to $28/ton in 1992 (250%) other cities became COI about the direction the County was taking. Widespread concern about the Coun waste management system resulted in a "Solid Waste Summit" in May of 1992, a by the Board of Supervisors and representatives of all cities in the county. At the : the Board of Supervisors, among other things, agreed to the conduct of an inde] management and fiscal audit of the Solid Waste Enterprise Fund and the develop flow control agreements and an institutional arrangement for solid waste decision for the region. Following the summit the Board of Supervisors contracted with the firm of Ernst E to conduct the management and fiscal audit of the Solid Waste Enterprise Fund County City Managers Association, (CCMA) began meeting weekly to develop an ag for the institutional relationships and flow control related to the region's soli disposal system. AUDJT OF COUNTY SOLID WASlX SYSTEM As mentioned previously, the audit was undertaken by the firm of Emst & You: oversight provided by a committee of city representatives and the County Auc Controller's Office. Solid Waste Division staff did not participate the oversight of nor did they receive a copy of the audit until it was completed. Both finar management issues were addressed by the audit. In summary, the audit found that the County Solid Waste Division had no strate capital and financial planning was not based on a well conceived capital improven Marcos Recycling Facility will operate at a cost 15% higher than comparable faci that the County is a recycling leader in California. Audit recommendations included development of a strategic plan involving a broai of internal and external participants, establishing the Solid Waste Division as a County Department, development of a long range CIP and funding plan, establis effective measures for recycling programs and increase of the tip fee to main solvency. (CIP): the County is behind in regulatory compliance (as are other counties); 1 E 0 0 The Board of Supervisors has contracted with Ernst & Young to work with the CC Solid Waste Division staff to develop the solid waste system CIP and funding plar is underway at this time, with an expectation that the proposed plan will be presc SanDAG in April. County staff is to return to the Board of Supervisors on March 30, 195 recommendations to implement the remaining recommendations. INmONAL ARRANGEMENTS AND FLOW CONTROL At the initial meeting of the CCMA it was decided to combine the flow con1 institutional arrangement for regional solid waste decision making concepts i document. The CCMA reviewed several organizational alternatives including a sp individual contracts. The selected concept, which resulted in the "Participation Agr was viewed to be the best because it could provide for strong policy involvemen cities, not result in the creation of a "new" agency and was perceived to be t acceptable to the Board of Supervisors. The concept would be formulated under the joint exercise of powers provision Government Code and would create a 'Waste Commission" consisting of all signatc which would have strong policy making powers while leaving the day to day admin and operational details to the County. The power to set the tip fee was left 1 County because the County had several outstanding financial and operating ob: which they believed required control of the tip fee. The Participation Agreement concept is, in a sense, a hybrid organization. It re substantially more authority for cities then the present situation, while falling ji of creating a joint powers agency which would succeed to all of the assets, liabil responsibilities of the County solid waste system. The City Attorney's Association has been involved in the discussions about the Part Agreement since November, 1992. At their recent annual seminar on Friday, Febr 1993, the City Attorneys discussed the Participation Agreement in detail and raisc which they believe need to be addressed by any "legally adequate agreement cor a city's solid waste flow for the long-term". These issues are generally relate question of whether the Participation Agreement concept provides adequate making authority for cities and whether there is equality in the service and corn relationships between the parties to the Agreement. The CCMA and the City A Association will be meeting on Thursday, March 18, 1993 to address the City A issues. The City Attorney's concerns are more fully detailed in Attachment A. The Participation Agreement was briefly presented to the City Council as a part of Waste Issues Status Report presented at the February 16, 1993 Council meeting. district, SanDAG, contract under a joint exercise of powers, joint powers age: 2 El 0 0 meeting the Council agreed that a regional decision making process was the p mechanism, and directed staff to propose amendments to the Participation Ag which would make the Agreement more acceptable to the City Council. Those amer were: 1. Assure that the Agreement ensures that the landfill tip fee M equal system wide. Provide language in the Agreement which would assure a mechanism for evolving into a full fledged joint powers age1 Staff has presented these proposals to the CCMA committee and County staff and it that there is no opposition to including the language in the Agreement. A page by page summary analysis of the Participation Agreement follows the disci the Potential Impacts of Leaving the Regional Solid Waste System. ALTERNATIVES TO THE COUNTY DISPOSAL SYSEM At the February 16 Council meeting staff also briefly described the potential alte to the County disposal system. Those alternatives are: 2. A. East Carbon Development Company (ECDC). This Company the north county to Utah. A demonstration of the rail haul con( presented jointly by Coast Waste Management and ECDC on T February 25. This is the only one of the alternatives that is 1 available. The landfill is 700 miles from San Diego County. The C proposes to offer 5 to 40 year contracts and is willing to discuss th capacity. They also will construct a waste processing/transfer st: customers, if desired. The Company has made no firm proposals r( service or cost. B. Eanle Mountain. This is the proposed landfill at the former Kai' iron ore mine at Eagle Mountain. With an estimated capacity of 70( tons (100 years at 20,000 tons/day) the landfill is the largest I landfill in Southern California. The proposal has received approval Riverside County Board of Supervisors and is presently in the Sta permit process. This facility may be available in two years, z environmental issues and threatened litigation can be resolved. St& discussions With both Eagle Mountain and CR&R staff regarding rail truckhail haul to the Eagle Mountain facility. operating landfill in Carbon County, Utah and offers to rail haul wa 3 E2 0 0 C. Rail Cycle. This is a proposal for a comprehensive waste disposal It will include a 3,000 todday material recovery facility (MRF) n lines and rail transfer of waste to a landfill in Amboy, San Ben County- This proposal, a limited partnership between Waste Mana Inc. and the Atchison, Topeka and Santa Fe Railway, has not been a1 by San Bernardino County and is approximately one to two years Eagle Mountain. The MRF at Commerce has been permitted. D. CamDo Indian Reservation Landfill. This proposal is awaith permits or decisions from State and Federal agencies. Once these ay have been obtained, the Campo EPA must issue a construction perm proposed landfill is located approximately 70 miles from Carlsb estimated capacity of 40 million cubic yards (40 years at 3,000 to and has rail access. The developers believe that the landfill will be ac waste by the first quarter of 1994. However, since ground water is i source of potable water for the areas surrounding the reservation, 11 will likely challenge the landfill based on groundwater contaminati E. OranEe - County. This may be the best possible alternative to the system. Staff from the cities of Carlsbad, Escondido and Oceanside f several meetings with Orange County solid waste staff. No agreen been developed. However, Orange County appears to be willing ti out-of-county waste as long as a $10/ton host fee is paid, With the tip fees would be approximately $32.50/ton at the landfill in Orange Waste processing and transfer costs will add significantly to this cos1 present time, Orange County is willing to offer only a five year ag Staff is working to develop a ten year agreement, since five years w provide a meaningful alternative to the County system. The Orang( Board of Supervisors has not formally approved acceDting out-a waste. Of the above alternatives, only one is presently available. None have made, or position to make, a firm economic offer which would allow comparative analysis. ' acceptable way to determine the best competitive alternative would be to issue i one alternative bidder likely to bid, and without a definable project, it would be to determine if an alternative were truly "competitive". Should an alternativ regional system be desired, it is very likely that the City might want to choose: available, more than one alternative to assure that disposal of solid waste woul competitive and available in the event of an interruption. The one available alternative, and any of the others if they become available, are to the City acting independently, with other cities or as a member of the existing system, if the Waste Commission should determine to use one or more of the alte 4 E for proposals inviting firms to bid on a definable project. At the present time, I 0 0 POTENTIAL IMPACX OF LEAVING THE REGIONAL SOLID WA!?E sY!TEM Should the City decide to leave the County system and act independently or through powers agency with other cities, staff has idenfled several potential impacts. WASTE DISPOSAL With the Participation Agreement, the City is guaranteed waste disposal within or the county, as the Waste Commission determines. Independently, the City could I the County disposal system by paying a SO%/ton surcharge or determine to di$ waste by hauling to more distant alternative sites. The cost could initially be grea the County system cost. However, long term contracts ~~zay be competitive with costs. Within the County system, should a landfill be unavailable for any reason, participants have the use of other local landfills. A contract for alternative dispo not provide for a backup disposal system. WASTE PROCESSING AND TRANSFER Whether we are members of the County system or acting independently, waste tran processing will be necessary. Processing and transfer facilities are necessary if a ne county landfill is located in a remote location or to make waste ready for rail or tru Within the County system the cost of waste processing and transfer is distributed ti payers. Independent action would place the burden of cost on our ratepayers 03 RECYCLING As a part of the County system, recycling could occw at the San Marcos Recychg Processing non-source separated residential waste at the San Marcos facility woul the number of collection vehicles and thereby accomplish recycling more ef However, this action would negate a significant effort in public education, reduc awareness of the waste problem and could result in lower revenues due to cont: recyclables. Since the San Marcos plant cannot process all the waste generated in nod (processing capability is 550,000 tons/year versus generation of 750,000 tons, more likely scenario would be to continue the curbside separation and colli residential recyclables while sending the non-source separated commercial waste t Marcos facility to accomplish the commercial recycling program. If we choose to act independently, we would be required to bear the residenl separated curbside collection cost, as we currently do. However, such cost would 5 E e 0 less than the cost to process at the San Marcos facility. The recycling cost plus county system disposal cost could be greater than the projected cost of the COL regional system. COST The County tip fee is projected to increase to $#/ton on July 1, 1993. Present probably less expensive to remain in the county system for the short term. Hc future system capital requirements and Federal regulations could cause the tip escalate to approximately $68/ton within four years. Acting independently may : an out of county disposal long term price that is lower than the County tip fee. Hc since the alternatives are limited, the delay in the availability of alternatives may non-signers of the Participation Agreement to be subject to payment of a surcharg waiting for alternatives to materialize or during the construction of processing and facilities. The added cost should be factored into any decision regarding alternat CITY STAFF/BUDGET IMPACTS Regional solid waste issues currently require a high level of staff and City Council in addition to that time spent on the City's solid waste program. Participation in a 1 decision making process (participation agreement, joint powers agency) or a sub joint powers agency will make a continuing level of staff and City Council necessary. rf we choose to act independently an added staff effort will likely be r REGIONAL, DECISION MAKING IMPACTS The management of solid waste is a regional issue. It is certainly appropriat regional decision making process be developed to provide for the policy direction n to adequately serve the needs of the region. Solid waste is not the only redo: facing local government in the county. Withdrawal of a city or several cities co a significant financial impact on the agencies remaining in the system. Citie carefully weigh the impact that withdrawal from the regional solid waste syste have on other regional decision making relationships and processes. Carlsbad's i influence a broader range of regional decision making may be enhanced by part in a regional solid waste decision making system. 4 E 0 0 PARTICIPATION AGREEMENT DETAILED SUMMARY Page 1 I. Parties No Issue 11. Recitals No Issue Page 2 Recitals, cont. No Issue 111. Definitions No Issue Page 3 Defin;tions, cont. No Issue Page 4 Definitions, cont. No issue Page 5 Definitions, cont. No Issue W. Conditions Precedent, Effective Date Sign-on deadline - May 15, 1993 Threshold level of Participation - Signatory cities with population or greater than population of unincorporated area. ISSUE: F( CiTIF.S WITH A TOTAL POPULA EQUAL TO THE UNINCORPORA AREA MUST SIGN AGREEMENT PARTICIPATION AGREEMENT T IN IiFFECr. Page 6 Conditions, cont. No issue V. Agreement, Solid Waste Commission A Solid Waste Cornmission is crc comprised of one elected official each signatory jurisdiction. The Cornmission operates under Exercise of Powers of member a Page 7 Agreement, cont., The Commission shall adopt by- Commission Structure govern its internal operation. 7 E 0 0 A quorum must be present to vot Each member agency has one. Weighted vote based on SanDAG shall be used for dispute resolutic ISSUE: IF ONLY FOUR CITIES V POPULATION EQUAL TO THE 0 EXECUTE THE AGREEMENT, TE COUNTY HAS 40% OF THE WEl DIEGO, SIGN, THEN THE COW WEIGHTED VOTE WOULD BE 2! Page 8 Commission Smcture and A Solid Waste Management Corn is formed, comprised of managen staff from each member agency. The County Solid Waste Division serve as Commission staff. The Commission shall have the VOTE. IF ALL ms, EXCEPT s Approval Authority Commksion Approval Authority, cont. following approval authority: The establishment and review of year Capital Improvement Plan. The establishment and review of Financing Plan. Future Facilities site selec~on/aF Alternative disposal technology/s the system, consideration, includhw disposal Page 9 Commission Approval County office recycling program, enforcement in unincorporated a Household Hazardous Waste Col Program. Authority, cont. Participation in the PIA program Donovan State Prison. E3 8 0 0 Distribution of recycling credits foi material recovered at North Count Recycling and Waste Reduction ce Selection of consultant to resolve . issue". Determination of economic risk surcharge for non-signatory cities. Determination of buy-in provision new signers after December 31, 1 Determination of buy-out provisic cost for early withdrawal. Management Audit timing. ISSUE: THE coMMIssroNs AUTHORITY FALLS SHORT OF 1 EVLL AUTHORITY FOR OFERAT THESOLIDW~SYsrEM. -r COMMISSION HAS NO APPROV AUTHORlTY OVER THE TIP FEE BUDGET, ST-G, OR OPERATIONAL ISSUES. THESE RETAINED BY THE BOARD OF SUPERVISORS. The County may act without apl the Commission in cases necessa comply with the law, in emerge] conditions, or to settle litigation ISSUE: THIS CLAUSE MIGHT E OVERLY BROAD AND MAY WE THE coMMIssIo"s POWER. The Commission may review an recommend action on the follov Siting elements of the Countyw Integrated Waste Management 1 Page 10 Commission review and Recommendation Authority, Reservation of Powers and Responsibilities 9 E 0 e Annual work program, annual bud and tip fee recommendations. Tonnage Grant Awards. Public or Private ownership of fut facilities. Any powers not explicitly transfer the Commission are retained by tl County, including the issuance of $53.2 million bond to finance the Marcos Landfill expansion, and acquisition of the Vista Transfer ! Ramona Buffer Zone, and §an Ys Burn Site. ISSUE: VIRTUmY ALL, OF THE ACXlVITESLISTEDASREVIEW RECOMMEND COULD mm AN ECONOMC WACI' ON RATEPi ANDARENOTWKHINTHE APPROVAL AUTHORITY OF THI COMMISSION. ALTHOUGH TH! POWER TO REVTEW AND RECOMMEND CARRIES THE w OF PUBLIC DISCLOSURE AND OPINION, THERE IS NO REQUREMFNT FOR THE BOAP SUPERVISORS TO IMPLJZWNT COMMISSION RECOMMENDAT Page 11 Commission Powers, Commission decisions shall not ( breach of any County agreemen1 obligation. Commission shall maintain a su regional system of landfills (Eas & North). ISSUE: THIS CLAUSE HAS BEl INSERTED AT THE REQUEST < SOUTH AND EAST COUNTY a HELP ASSURE THAT WASTF.V BE TRANSPORTED ACROSS T€ duties, and responsibilities 10 E 0 0 COUNTY. THIS COULD BE A COS LIMITATION SINCE THERE IS Soh EVIDENCE THAT IFWEWEREABI TO MANAGE THE DISPOSAL SYSl WITHOUT REFERENCE TO GEOGRAPHIC LIMJTATIONS, THE NEAR TERM NEED FOR NEW LANDFILLS IN THE NORTH AND SOUTH COUNTY COULD BE DELA FOR A SIGNIFICANT PERIOD OF 'I The Commission has the duty to p~ disposal capacity to all member agencies. Closure and Post-closure costs shal! allocated to non-signatory cities. There is no responsibility to provid disposal to non-member agencies. Member agencies shall deliver all acceptable waste to the system. Page 12 Flow Control Member agencies shall enforce thai acceptable waste be delivered to th system. ISSUE: CITiF.S MAY NOT HAVE 'I AUTHORITY TO DIRECT THE WA! TO SPECIFIED SlTES UNLESS THI FRANCHISE AGREEMENT SPECIFICALLY PROVIDES FOR SUI AUTHORITY. CARLSBAD'S AGREEMENT WlTH OUR COLLEC COMPANY PROVIDES SUCH AUTHORITY. Page 13 Flow Control, County Member agencies may, without per recycle any solid waste by any me: The County is responsible for prov Duties disposal for all member agencies. 11 EXH 0 Page 14 County duties, cont. The system may dispose of waste outside the County boundaries. The County shall provide the Commission with an annual financi statement, and shall retain a consu to conduct a management audit, as scheduled by the Commission. The County shall implement the PC and plans adopted by the Commis$ County and Cities shall participate Commission in good faith. Cities shall not object to the direct acceptable waste to any facility ba geographic region. ISSUE: THIS CLAUSE MAY CAUSE QTIFS IN ( AREAS TO BE CONCERNED AB01 REGIONAL AREAS, EVEN THOUC MAY BE THE MOST COST EFFEC SOLUTION FOR DISPOSAL. Page 15 Mutual Duties of member agencies and County TRANSFERRING Wm ACROSS Page 16 System Financing Tip fees charged to member agen shall be adequate to fund operatir management and financing of the sys tem. Tip fees shall be the same throug the system, regardless of facility location. ISSUE: THIS CLAUSE SHOULD BE AMENDED TO TAIC CONSIDERATION THE POSSJBIL ISSUE" MAY REQUIRE A DIFFER TIP FEE. WITH ONLY THE "EQI ISSUE" AS AN EXCEPTION TO '1 EQUAL SYSIEM WIDE TIP FEE, CLAUSE SHOULD ALSO BE !3"G"EB TO ASSURE A EQUAL TIP FEE SYSTF.M WIDE. THAT RESOLVING THE 'EQm 12 E 0 0 Non-signatory cities shall be asses: economic risk surcharge of not mc than 50% of the tip fee to dispose waste in the system Page 17 System Financing, cont. Non-signatory cities may sign on without penalty until December 3 1993. After this date, Commissio determine buy-in provisions. A jurisdiction in which a Solid W Facility is located is eligible for a waste facility fee. Landfill SWF 1 shall be 10% of the tip fee, Mke waste material recovery facilities fee shall be 7.5% of the tip fee, i transfer station SWF fees shall bc the tip fee. SWF fees may not ir more than 5% per year. A mitigation fee of 5% of the til shall be collected by the County mitigation fee shall not increase than 5% per year. Any jurisdiction may apply for t mitigation fee, apportionment tc Jurisdictions which are eligible SWF fee are ineligible for a mit fee. determined by the Commission, Page 18 Agreement term The term of the Participation ai is twenty years, with one year 1 extensions. A City may te& agreement without penalty wit1 years notice. A city may ted agreement early by meeting pri established by the Commission Specific conditions to be met fc withdrawal. Page 19 Early withdrawal process 13 0 0 Page 20 Terminadon conditions, Methodology to determine buy-out cont. provisions. Page 21 Termination, cont. County must offer early terminatior all member cities after approving tentative conditions for withdrawd Recalculations will be made, if necessary. Page 22 Liability The County shall hold harmless mc agencies from any litigation resulti from the actions of the Commissio Page 23 Liability, cont., Newly Litigation response. Incorporated Cities Terms for newly incorporated citif enter system. Page 24 VI. Miscellaneous No issue Page 25 Miscellaneous, cont. No issue Page 26 Miscellaneous, cont. No issue 14 E I. i e [Draft] m: City 1IMartlagw FROM2 C~Attomey DATKk Febraary 23,1993 rn Proposed *AG- BETWEXN W CITY OF BNJ3 COUNTY OF SAWDIEGO CONC!E!R"GDELIVERY OF SOLlD W TO COUNTY FACILXTEE AND THE ESTABLISHMENT Dlf THI DIEGO COUNTY SOW WASTE CUMMlsSION (4~i Agn-') [SOW Waste Rwtidptttion Agmmmt] At its spring seminar held on Peb:bnzary 19 the San Diego County City Attc Assocjation dis~ussed, at great length, the abwe refcirmced agreement. It was the (561 sf the City Attorneys in attendance (all dties axcept $an Marcos and Vbta) that, des] efforts of the Chula Vista City Attorney and City Manager representatives who ha\ working ~lwdy with the County Staff to obtain 821 acceptable draft agreement, the pqosal my be Uumq in that it fa to rnufficiently commit the Clounty to specific perf0 mpirements or contains conditions precedent or subsquat which alhw the County ta its obligations. The City Atto~yys identified the follow@ items (311 which you and b City Cow wish to pm~b policy Won before the agrMment is prem#ed to the City Council f considemtion. These items, not listed in any paalcular arda of prio&y, are $9 follopc Any agreement relating to solid waste rlirtposal should include all of the fol 1, A cleat sdce menant (duty to serve) witb reasonable gum performance by the fxmh prdda. Seam rate protection and, beamp: muItipk jwbdictlom are i~ Appropriate apportionment of 1Mt-y risks, including but not li CERCLA liability risks. A clear obllgratiDn to locate afld develop disposal sites @refer& at the lowest possible cost a;lr$ with the ptmt protecticlr envtronmmt, wupM with a clw, significant remedy for failur county to perfom* A. 2, rate e?quality. 3. 4. ATTACHMENT " EOd H U 8 WOdd RV El: . 0 e' vu momm February 33,1993 Page Two B. Decision-making authority on all critical aspects of the entire system ahoi quitably appm'tioned among all participating members. The enterprise operation and capital improvement contracts should be sub a syfitem which 8sgm public cost accounlability; including, for example, M and competjkive bidding far service and improvemtsat contract$, If you and the City Council find that the current proposal adequately addresses the identifkl in itma A, B, and C, &we, thm the current structure may be implemente certain madifiatims to the existing mUact. "hem modifications are boo detailed to z in this mmwandum. If 4ng term fin.an&g is CQ-~~W by the County, then a =qui that the County commence a ~alidation action should be considwed. C. The following queatio~ must also be resolved tu the satisfhction of the City CO D. DM the currently praposed County commission structure for implement the "Participation Agreement" best sme the intemts of the City? E cmsidemtion bew given to other choices for provision of solid waste ha For ample, have the following been given consideradon: formation 01 powers agency without the County; formation of a joint powera agency 1 into an agreemmt with the Cmty; establishment of a special act distric B. '8ave the cities received ad~uate tt%h&d assi9We cmdg the proposal and available optioas? Should the ciW EW Wqeyldmt tt as&ance to aid the dties in reviewing the various issues involved F current pmposal and the available options? ### Pod H U 8 NOdd KY E! m 0 PARTICIPATION AGREEMENT A'ITAC e 0 TABLE OF CONTENTS I. Parties.. ...................... 11. Recitals. ...................... 111. Definition Section. ................. IV. Conditions Precedent, Effective Date. ........ V. Agreement. ...................... A. Establishment of Solid Waste Commission ..... 1. Creation and Membership. . . 2. Authority. ................. 3. Purpose.. ................. B. Commission Structure; Voting; Administration. - . 1. By-Laws. .................. 2. Quorum and Vote. .............. 3. Weighted Vote. ............... 4. Solid Waste Management Committee. ..... 5. Commission Staff. ............. C. Commission Approval Authority. ......... 1. Powers and Duties. ............. 2. Emergency and Other Exceptions. ...... D. Commission Review and Recommendation Authority. . E. Reservation of Powers and Responsibilities. ... F. No Authority to Breach County Contract. ..... G. Commission Maintenance of Subregional Landfill System. ..................... H. Commission Duty to Provide Capacity. . - . - . . I. Allocation of Closure and Post Closure Costs. .. J. No Obligation to Non-Signatory Cities, ..... 0 0 TABLE OF CONTENTS Page VI . Miscellaneous ...................... 24 A . Rights of Holders of System Obligations ...... 24 B . Notices ...................... 24 C . Entitlement to Subsequent Notices ......... 25 D . Entire Agreement .................. 25 E . Authority of Parties ................ 25 F . option to Include More Beneficial Provisions in Other Agreements ................ 25 G . Modification ..................... 25 H . Counterparts .................... 25 I . Non-Severability .................. 25 J . Headings ...................... 26 K . Waiver ....................... 26 L . Remedies ...................... 26 M . Other Agreements .................. 26 M . Exclusion of the City of Sa:n Diego- ........ 26 0 a * February 16, 1993 AGREEMENT BETWEEN THE CITY OF AND THE COUNTY OF SAN DIEGO CONCERNING DELIVERY OF SOLID WASTE TO COUNTY FACILITIES AND THE ESTABLISHMENT OF THE SAN DIEGO COUNTY SOLID WASTE COMMISSION ( "Participation Agreement") I. Parties. This Agreement (ftAgreementla), dated as of February 16, for the purposes of reference only and effective according 1 terms after execution between the City of , a mun: corporation of the State of California ("City@*), and the Coui San Diego (81County1t), is made with reference to the fol: facts: 11. Recitals. A. The County currently owns or leases and ope: directly and through contracts, a solid waste managemen disposal system, consisting of landfills, resource rei facilities, transfer stations and other facilities use transportation, management and disposal of solid wastes. facilities are referred to as the "Operating Facilities" and in Exhibit I. The County is, or may come to be, fully or par responsible for closing, remediating, monitoring and/or maint certain former solid waste disposal facilities which no accept wastes for disposal. These facilities, which may or m currently be owned by the County, are referred to as the "Non-operating Facilities. *I The County proposes to design, construct, own and/or o additional solid waste management and disposal facilities future . These facilities are referred to as the I! Facilities. It The Operating Facilities, Non-operating Facilities ai Future Facilities may collectively be referred to as the 'ISy B. The California Integrated Waste Management Act o (Public Resources Code $5 40000 et seq.) caused cities and cc in California to address solid waste disposal through methods than primarily landfilling, as was done in the past. Many alternate integrated solid waste methods use more capital-int approaches, such as recycling, resource recovery, and compc and, 1 0 0 C. To support financing for the current operation and future expansion of the County Solid Waste System, the County System must be able to rely on a consistent amount of Solid Waste; and, D. Residents of City, including both individual, business and public entities (including City itself) , generate various forms of waste material, including Solid Waste; and, E. City has let a franchise or made other arrangements for the collection and disposal of its Solid Waste; and, F. city has agreed that disposal of certain City Solid Waste which 1s legally acceptable for disposal at a Class 111 landfill under such laws or regulations as are in effect at the time of disposal shall be disposed of at the Countyls Operating Facilities and Future Facilities, as more fully described and under the terms and conditions set forth herein, and G. The County has agreed to permit City, and other cities within the County other than the City of San Diego, to participate in certain management and planning decisions, as more fully described and under the terms and conditions set forth herein. Now, therefore, the parties hereto agree as follows: 111. Definition Section. A. Acceptable Waste. That portion of Solid Waste which is not Self-Hauled Waste or Solid Waste generated by any other governmental body. B. Agreement. This Agreement between the City and the County. C. Annual Budget. The County's annual budget for the Solid Waste Enterprise Fund and the County's Department of Public Works, Solid Waste Division, or its successor. D. Capacity. The volume of available space or processing capability for which the System has currently, or at any given time in the future, received its Facility operating permits. E. Capital Improvement Plan. A plan for the establishment, repair, replacement, improvement, or retirement of Facilities in the System, other than normal maintenance of the Facilities, and for acquisitions of interests in real property in excess of $500,000 with funds from, or debt secured, by the Solid Waste Enterprise Fund, in accordance with the lcountywide Integrated Waste Management Plan. F. City. As defined in Section I of this Agreement, 2 L e a 5 G. City Haulers. Privately owned companies or employees engaged in the collection and transportation of Waste within City, in an average amount in excess of 50 tor month, calculated annually. H. Commission. The San Diego County Solid Waste Comm: as formed by this Agreement. I. County. The County of San Diego, a political subdi7 of the State of California and party to this Agreement. J. County Haulers. Privately owned companies or t employees engaged in the collection and transportation of Waste within the unincorporated area of the County of San Die an average amount in excess of 50 tons per month, calci annually. K. CoUntywi.de Integrated Waste Management Plan, or *IC The plan prepared and adopted pursuant to Public Resources C 41750 & seq. for the management, transportation and dispo: Solid Waste within the Region. L. Economic Risk Surcharge, The amount assessed Non-I Agencies after June 1, 1993, as determined according to S V.N.2. M. Effective Date, The date on which all of the cond precedent set forth in Section IV. of this Agreement havc satisfied. N. Facility. An individual collection, processing, tr or disposal unit ofthe System, including Non-Operating Facil Operating Facilities and Future Facilities. 0, Facility Fees, Fees paid pursuant to Section V,N this Agreement. Also referred to as "Solid Waste Facility P. Facilities. Two or more individual units of the S Q. Financing Plan. The determination of the ty] financing that will be required to pay for implementation Capital Improvement Plan, including short-term and lon indebtedness. R. Flow Control Covenant. That portion of this Agre Section IV-K., requiring Member Agencies to direct or cause directed their Acceptable Waste to the System. S. Future Facilities. As defined in Section 11. A. Agreement. 3 0 * T. Member Agency. Any city within the County that has signed a Participation Agreement, or the County, but not a city with which a Participation Agreement has been terminated for any reason. U. Member Agency Acceptable Waste. Acceptable Waste generated within the geographical boundaries of the Member Agency. With respect tothe County, the geographical boundaries referred to in this definition shall be limited to the unincorporated area of the Region. V- Member City- Any city that has signed a Participation Agreement with the County of San Diego. W. Non-Operating Facilities. As defined in Section 11. A. of this Agreement. X, Non-Signatory City. Any city within the County that does not sign a Participation Agreement with the County, or a city with which this Agreement has been terminated for any reason, this Agreement. Y. Operating Facilities. As defined in Section 11, A. of Z. Participation Agreements. Agreements executed between the County and Member Cities which are substantially identical to this Agreement. AA. Processing. Reduction, separation, recovery, conversion, or recycling of Solid Waste. AB. Ratepayers. Residents of City, or of the unincorporated area, including both individual, business and public entities. AC. Recycling Residue. That portion of the Solid Waste stream which results fromthe processing of recyclable materials or Solid Waste. AD. Region. The entire geographiczl area of the county of san Diego, including all incorporated areas. which each Member Agency has one vote. AE. Regular Vote, A method of voting by the Commission, in AF. Self-hauled Waste. Solid Waste generated by any person and transported or disposed of by other than a City Hauler or a County Hauler. 4 L. 0 0 c AG. Solid Waste. Waste which is garbage, refuse, was1 other matter which is legally acceptable at a Class I11 la] pursuant to California Code of Regulations Title 23, Subchap' or under such laws or regulations as are in effect at the t disposal. AH. Solid Waste Enterprise Fund. An existing fund, sei from the County's General Fund, established and held by the ( separate from its other funds and accounts for receipt disbursements in connection with 'the System, established pu to Government Code B 25261. AI. Solid Waste Facility Fees. See definition of Fa Fees. AJ. System. Operating Facilities, Non-operating Facil and Future Facilities. AX. System Agreement. System Agreement means any obli of the County at any time existing under any applicable law contract, lease, loan or other agreement with any person re to or affecting the System, the Participation Agreements t Solid Waste Enterprise Fund, including without limitatic System Obligations. AL. System Obligation. System Obligation means all notes, certificates or other obligations issued by any per finance capital or other costs of the System and the resolu ordinances, indentures and other authorization instruments which such obligation9 were issued. AM. Tip Fee. The fee charged by the County for dispo Processing of Solid Waste at Facilities. IV. Conditions Precedent, Effective Date. If the following conditions are met by May 15, 199: rights and duties between City and the County as are set fo this Agreement shall exist; otherwise they shall be of no f force and effect whatsoever. A. Threshold Level of Participation: A number of c excluding the City of San Diego, which have a combined popu equal to or greater than the population of the unincorporatc of the County shall have executed and thereby agreed to the of this Agreement. For the purpose of this section, the popu of each jurisdiction is that which was reported by the San Association of Governments (ltSANDAGtl) on July 1, 1992, as d Exhibit 11. 5 0 e B. Execution of this Agreement shall be authorized by a majority vote of the legislative body of City. The date upon which these conditions precedent are met shall be the effective date of this Agreement. V. Agreement. As soon as feasible after the effective date, pursuant to Section IV., the County will notify all Member Agencies that the conditions precedent have been satisfied and the following shall be the rights and duties between the parties: A. Establishment of Solid Waste Commission. 1. Creation and Membership. There is hereby created the San Diego County Solid Waste Commission. The Commission shall consist of one member from the County of San Diego and one member from each Member City. The County member shall be a member of the Board of Supervisors and the cities' members shall be members of their respective city Councils. All Commission Members shall be appointed by their respective governing bodies. A member of the San Diego City Council may serve as an ex-officio non-voting member. The County or a Member City may select a Commission alternate from among the group from which Commission Members may be selected, who may attend Commission meetings, and act in all regards as the Commission Member from that Member Agency in the absence of the Commission Member. 2. Authority. The parties to this Agreement are jointly exercising powers common to each of them under the authority of the Joint Exercise of Powers Act as contained in Government Code Section 6500, et sea. In exercising such common pDwers, the Msrher Agencies shall individually and collectively act in accordance with Applicable Law. 3. Purpose. The purpose of this Agreement is to provide for the long term management of Solid Waste generated within Member Cities and within the unincorporated areas of the County. 6 1) 0 0 B. Commission Structure: Voting: Administration. 1. By-Laws. The Commission shall adopt by-laws that are cons with and implement the provisions of this Agreement to govern internal operation including, but not limited to, ell officers, procedures for calling special meetings, taking mi establishing regular meeting dates, establishing a d resolution process consistent with the terms and conditions o Agreement and reimbursement of reasonable and necessary ex from the Solid Waste Enterprise Fund as authorized b Commission. The Commission shall be subject to the Ralph M. Act (Gov. Code §§ 54950 et seq.). a. on established regular meeting dates. The Commission shall meet at least twice b. Special meetings may be called at the r( of three Commission members with a minimum of 72 hours not. all commission members. 2. Quorum and Vote. a. A majority of the Member Agencies constitute a quorum. any items before the Commission. basis of one vote per Member Agency ("Regular Vote"). A shall be determined by a majority vote of Member Agencie: three Member Agencies request a "Weighted Vote" after voting particular item, then in that event a Weighted Vote, which w final and binding, shall be taken. A quorum must be present to take act b. The Commission shall vote on all items 3. Weighted Vote. Weighted votes are to be based on the population a Member Agency as reported by SANDAG on July 1 of each year. the Weighted Vote is taken there shall be a total of one h votes. Each Member Agency shall have that number of determined by the apportionment formula, set forth in Exhibi provided that each Member Agency shall have at least one vo Member Agency shall have more than 40 votes and there shall fractional vote. When a Weighted Vote is taken, the vote of at leas third of the Member Agencies, representing not less than fif percent (51%) of the total Weighted Vote shall be requii supersede the Regular Vote. If the Weighted Vote fails, determined by the Regular Vote shall stand. 7 0 0 4. Solid Waste Management Committee. A Solid Waste Management Committee consisting of the Chief Administrator/Manager of each Member Agency, or designee is hereby formed- This Committee shall provj.de staff review, analysis and make recommendations on all material being forwarded to the Commission. The City Manager of the City of San Diego, or designee, may serve as an ex-officio, non-voting member. A representative of the San Diego County Disposal Association may serve as an Advisory/Liaison non-voting member. 5. Commission Staff. The County Solid Waste Division of the Department of Public Works, or its successors, shall function as the staff for the Commission. C. Commission Approval Authority. 1. Powers and Duties. The county and City hereby acknowledge that, except as provided in Section V.C.2, the Commission shall have the following duties, rights, powers and responsibilities set forth in this Section, and that any decision lawfully taken hereunder by the Commission in accordance with procedures set forth in this Agreement shall be final and binding on the County and other Member Agencies : a. The establishment of the five year Capital Improvement Plan; b. The review of the Capital Improvement Plan at least annually, and, if necessary in the judgment of the Commission, modification of the Capital Improvement Plan; c. The establishment of the Financing Plan: d. The review of the Financing Plan at least ennually, and, if necessary in the judgment of the Commission, modification of the Financing Plan; e. The selection and approval of preferred alternative sites for Future Facilities, subject to the permit and land use authority of the appropriate agencies; f, The use of any Solid Waste disposal technology or system other than sanitary landfilling for the disposal of Acceptable Waste: g. The disposal of Member Agency Acceptable Waste outside the System, consistent with the Sewice Covenant; 8 0 0 h. The funding of the County office recy program, code enforcement in the unincorporated areas 0: County, or the household hazardous waste collection program tl- the Tip Fee; i. The decision whether to participate in a Waste management/processing facility at Donovan State Prisor j. The awarding of Technical Assistance PI Grants; k. The determination of how recycling CI achieved by the System for use of the North County Re: would be spread among Member Agencies for purposes of corn1 with state-mandated recycling objectives; Recovery Associates recycling facility at the San Marcos mi 1. The determination of whether and how // ,/ should be distributed between cities which are substan developed and cities which are not substantially developed, s ,' Ty landfill closure and post closure costs and costs for new Ca r, 'r ; required by growth in the wastestream. Within six months ( bd 4 J establishment, the Commission shall select and the County /';I retain a consultant to address this Icequityl1 issue. The / Waste Enterprise Fund shall pay for the costs of said consu </$ , ' The Commission shall consider in good faith various alternati address this issue, determine the most appropriate mechaniq resolve the issue, and recommend to the Member Agencie appropriate resolution; / m. The determination of the amount of the Ec Risk Surcharge to be assessed, in accordance with Section V.N this Agreement; The determination of the ltbuy-inlt restric n. in accordance with Section V.N.3. of this Agreement; 0. The determination of the appropriate char penalties to be assessed against Member Agencies for leavi Commission to the extent such detzrmination is not j-n conflic the terms and conditions of this Agreement; and p. The timing of management audits to be cor pursuant to Section V.L.2. of this Agreement. 2. Emergency and Other Exceptions. The approval of the Commission shall not be requii any action which the County determines, in its good faith ju( is required to be taken by the County to allow the County comply with applicable law, this Agreement, or any Agreement, (b) to mitigate or remedy the consequences 9 0 e emergency condition, natural disaster or other uncontrollable circumstance or (c) to prosecute, defend or settle any litigation against the County. In the event the County determines that it is necessary to take any such action without the approval of the Commission, which approval would be required by the terms of this Section but for the provisions of this subsection, the County shall notify the Commission in writing of its determination and the reasons therefor. The County shall, to the extent practicable in the circumstances, take into account the matters raised by the Commission in any written response to the County's notice. D. The Commission may from time to time review and make recommendations to the County Board of Supervisors regarding the following policy and implementation matters, which are the ultimate Commission Review and Recommendation Authority. responsibility of the County! 1. Formulationand implementationof siting elements of 2. Formulation and implementation of the annual work plan for the Department of Public Works, Solid Waste Division, or its successors : the Countywide Integrated Waste Management Plan. 3. 4. Changes in the Tip Fee; 5. The awarding of Tonnage Grants to cities for the Formulation and implementation ofthe Annual Budget: curbside collection of recyclable materials; 6. The determination of whether Future Facilities shall be County-owned or privately owned; Other issues may be brought before the Commission for their review and recommendation to the Board of Supervisors by a request of three Commission Members. E. Reservation of Pclwers and Responsibilities. Any powers not explicitly transferred to the Commission by this Agreement are reserved to the County. In addition, the c, approval of the Commission shall not be required with respect to the approximately $53.2 million already approved by the County Board of Supervisors for financing the San Marcos Landfill Expansion, acquiring the Vista Transfer Station, acquiring the Ramona Buffer Zone, or acquiring the San Ysidro Burn Site. 10 e e F. No Authority to Breach System Agreement. The powers of the Commission shall not be exercised in way as to cause a breach or default by the County under any Agreement. Existing System Agreements, exclusive of liti settlements, are set forth on Exhibit IV. However, the Comm may request the County to amend, modify, revoke or termina System Agreement with a third party provided the Commissic approved financing all costs associated with said amen modification, revocation or termination. Upon receipt 0: request, the County will use good faith, including incurring Waste Enterprise Fund expense proposed for financing, to modify, revoke or terminate such System Agreement and the shall advise the Commission of its efforts and progress i matters. G. Commission Maintenance of Subregional Landfill Sy In adopting the Capital Improvement Plan and Financing and in establishing major policies, the Commission shall . extent possible maintain at least three landfills, one fo major subregion of the County (North, East and South). H. The Commission shall, during the term of this Agreemen Commission -Duty to Provide Capacity. to the extent possible provide sufficient Capacity for all Agencies to allow the disposal of their Acceptable Waste System. I. Allocation of Closure and Post Closure Costs. As to those Non-Signatory Cities, or Member Cities whic left the System, the Commission shall require, through tip buyout charges, or otherwise, each such city to pay fc proportionate share of closure and post closure costs. J. To the extent allowable under applicable state and f laws and regulations, neither the County nor the Commiss obligatedto provide Solid Waste management facilities and se to Non-Signatory Cities. No Obligation to Non-Signatory Cities. K. Flow Control Obligations. 1. Delivery of Acceptable Waste to the System. The City and the County each shall deliver or causf delivered all Acceptable Waste generated within their resr jurisdictions to such Facilities within the System as Count1 reasonably designate (Flow Control Covenant) . For purposes c section, the County's jurisdiction shall be deemed to cons the unincorporated area. 11 0 e 2. Waste Flow Enforcement. The City and the County each shall establish, implement and carry out a waste flow enforcement program which is sufficient to assure compliance with the Flow Control Covenant. This program may include to the extent necessary and appropriate in the circumstances, but shall not be limited to, (1) licensing, permitting or franchising haulers (on an exclusive or nonexclusive basis), upon the condition of compliance with the Flow Control Covenant, (2) adopting ordinances or resolutions requiring compliance with the Flow Control Covenant, and (3) taking enforcement actions under any such :License, permit, franchise, ordinance or resolution. Direct municipal collection of Acceptable Waste shall not be required hereunder unless all other available means and methods of enforcing the Flow Control Covenant have been unsuccessful. If any event or circumstance (including without limitation a change or adverse interpretation of applicable law) impairs or precludes compliance with the Flow Control Covenant by the means or methods then being employed by the affected party, such party shall implement alternative or substitute means and methods to enable it to lawfully satisfy the terms and conditions of the Flow Control Covenant. If a change or interpretation in applicable law impairs or precludes either party from complying with the Flow Control Covenant by any means, such party shall use its best efforts, to the extent practicable and subject to indemnification by the County as provided in paragraph 3 below, to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable City lawfully to resume compliance with the Flow Control Covenant as soon as possible following such change or interpretation of applicable law. Compliance by the affected party with its obligations under this paragraph shall be deemed sufficient to satisfy the its obligation to enforce the Flow Control Covenant. 3. Power to Exercise Flow Control. The affected party represents that it has the right, power and authority under applicable law to enter into, comply with, implement and enforce the Flow Control Covenant. Each party shall use good faith and best efforts to preserve, protect and defend its right and power to enter into, comply with, implement and enforce the Flow Control Covenant in accordance herewith against any challenge thereto, legal or otherwise (including any lawsuits by or against such party, whether as plaintiff or defendant) by any person based upon breach of contract, violation of law or any other theory. If any such challenge raises issues common to the Member Agencies under the Participation Agreements, an adverse outcome of which may have a material and adverse effect on the System as determined by the Commission, the County through the Solid Waste Enterprise Fund shall indemnify and hold harmless the affected party from the reasonable costs, fees and expenses properly allocable to defending such right and power. 12 0 0 I 4, Consistency of Agreements. As soon as practicable after the Effective Date licenses, permits, contracts, agreements, leases, franc1 ordinances and resolutions of the affected party which are la1 in effect with or pertaining to any person relating to or afft Acceptable Waste shall, if and to the extent necessary, be ai to provide explicitly that the affected party shall have the without material restriction to direct the delivery o Acceptable Waste to the System in accordance with the Flow Cc Covenant. On and after the Effective Date, the affected shall not enter into, issue or adopt any license, permit, con1 agreement, lease, franchise, ordinance or resolution whi materially inconsistent with the Flow Control Covenant. 5. Exception for Recycling Activities. Notwithstanding any provision of this Agreement 1 contrary, each Member Agency shall have the right, without pel to recycle (as defined at Public Resource Code 5 40180) any Waste (as defined at Public Resources Code 5 40191) by any selected by the Member Agency and any such recycled material this Agreement. However, if the residue of the recycling p: which can legally be disposed of at a Class I11 landfill e: five percent (5%) of such recycled material, such process r( shall be returned to the System for disposal unless exempted County. be excluded from the commitment otherwise made to the Sysl L. County's Duties. 1. Guaranteed Disposal. a. Service Covenant. (1) The County, through the Solid Enterprise Fund, shall continue to provide or cause to be pr the service of management, handling and disposal of all Solid generated within the Region for Member Agencies (the 'IS CovenantM). The County shall carry out this Service Co through the System, including but not limited to the constr and operation of Facilities, through the use of County agree using such technologies and upon such terms and conditions County determines, consistent with the decisions of the Commi and in a manner which will not impair the ability of the Cou comply with this Service Covenant. 13 e 0 (2) Nothing in this Agreement shall be deemed to prohibit or preclude the County through the Solid Waste Enterprise Fund from providing management, handling and disposal of L Solid Waste generated outside of the Region or preclude the County from disposing of Member Agency generated Solid Waste at disposal Facilities located outside the Region; provided that the County will not provide such Solid Waste management, handling and disposal services that would have an adverse effect on the County's ability to meet its obligations related to this Service covenant. b. Compliance with Service Covenant. The obligation of the County to observe and comply with this Service Covenant shall apply continuously and without interruption for so long as this Agreement is in effect. The County will not adopt an ordinance or resolution or take other official action that breaches the obligations of the County under this Agreement. If any event or circumstance (including without limitation a force majeure event) or a change or adverse interpretation of applicable law impairs or precludes compliance with this covenant by the means or methods then being employed by the County, the County shall implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of this covenant. In the event that a change in applicable law impairs or precludes the County from complying with this covenant with the means or methods then being employed and from utilizing alternate or substitute means or methods of compliance, the County shall continuously use its best efforts, to the extent practicable, to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with this covenant as soon as possible following the change in applicable law. The exercise of such best efforts by the County under such circumstances shall be deemed to be sufficient to satisfy this Service Covenant. 2. Financial Statement and Management Audit. The County shall provide to the Commission an annual financial statement of the Solid Waste Enterprise Fuild. The Commission shall select and the County shall retain a consultant to do a management audit on a schedule as determined by the Commission. 3. Implementation of Policies and Plans Adopted by the Commission. County shall implement the policies, Capital Improvement Plans and Financing Plan made or adopted by the Commission to the extent that such decisions and plans are within the authority of the Commission, and to the extent that they are consistent with the COuntywi.de Integrated Waste Management Plan. 14 e 0 4. Amendments to the Countywide Integrated Management Plan. The County shall initiate any amendments to the Countywide Integrated Waste Management Plan necessary to imp the decisions of the Commission. 5. San Diego Agreement. The County will negotiate a separate agreement wi City of San Diego which reflects the City of San Diego's role in regional waste management issues. Such agreement w brought before the Commission for review and comment pr; adoption. M. Mutual Duties of County and City. 1. Participation in Commission. county and city agrees to participate in good fa the activities of the Commission, and in such a mannei conforms to the spirit, intent and general premises of Agreement. 2. Land Use Permits. Nothing in this Agreement shall be constru obligating the County or a city to grant a permit for a Solid facility . County shall use good faith and in full cooperatic the policy direction of the Commission, to obtain such Perm are necessary to provide sufficient Capacity in the most econ manner available to meet the Solid Waste disposal needs Member Agencies. 3. Regional Waste Stream. On the condition that the Commission and Coun attempting in good faith to implement the subregional la objective, a Member Agency shall not object to the direct Acceptable Waste to any Facility based on geographic origir 15 0 0 N. System Financing. 1. Tip Fee Charge. a. Tip Fee to Member Agency. The Tip Fee charged by the County for the disposal of Acceptable Waste within the System shall be sufficient to fund the reasonable and necessary costs for operation, management and financing of the System. Such costs include, but are not limited to: design, planning, construction, acquisition, operations, maintenance, replacement, repair, nanagement, administration, closure and monitoring of Operating Facilities, Non-operating Facilities and Future Facilities, State required reserves for development of replacement facilities consistent with the Capital Improvement and Financing Plans and closure of Non-operating Facilities: Facility Fees: Mitigation Fees; recycling programs: household hazardous waste programs: liabilities, judgments and settlement payments: indemnities payable under any Participation Agreement or other System Agreement; development of Future Facilities for the safe and sanitary management of solid wastes consistent with the capital Improvement and Financing Plans; and all other costs of the system required to be paid under any System Agreement. b. Other Facility Tip Fees. The Tip Fee charged by the County for the disposal of Member Agency Acceptable Waste at similar types of facilities shall be the same as charged for Solid Waste generated from the unincorporated area of the County. In addition, Tip Fees for Facilities accepting similar types of waste (for instance, Solid Waste, yard or "green" waste, or tires) shall be the same regardless of location. 2. Non-Signatory City: Economic Risk Surcharge. County agrees to assess a surcharge beginning June 1, 1993 on Solid Waste from any city which does not sign this Agreement- From June 1, 1993 to June 1, 1994 the surcharge shall not exceed fifty percent (50%) of the Tip Fee in effect at the time of the transaction. After that time, the Commission shall annually review and determine the Economic Risk Surcharge. For the purpose of this calculation the Tip Fee does not include the Solid Waste Facility Fee or the Mitigation Fee. The surcharge is a method to offset any increased costs to the system and account for any economic risks created by the Non-Signatory City continuing to use the System. The criteria used to establish the Economic Risk Surcharge include but are not limited to: capital charges, the increased depletion rate of landfill capacity and timing effects. The surcharge shall only be used to pay for the costs of the operation, management and financing of the System. 16 0 0 3. Grace Period/Buy-In Provisions- Until December 31, 1993, Non-Signatory Cities determine to sign this Agreement without condition or pen However, during this grace period, Non-Signatory Cities shal the Economic Risk Surcharge and shall be ineligible to partic in decision making. After December 31, 1993 the Commission determine under what conditions Non-Signatory Cities sha: allowed to sign this Agreement. 4. Solid Waste Facility Fee. a. The jurisdiction in which a Facility is IC shall be paid a Facility Fee for each ton of waste deliver€ Processing at such Facility. The Facility Fee shall initial facility type (as described below), as that percentage of tl Fee in effect on January 1, 1993, Thereafter, the Facilit shall be adjusted automatically and concurrently with any inc in the Tip Fee, by an amount equal to the percentage incree the Tip Fee but not greater than five percent (5%) of the current Facility Fee, whichever is less. b. Facility types and percentage of the Tip Fee set at an amount equivalent to the appropriate percentage fc effect on January 1, 1993): 0 Landfill = 10% of Tip Fee ($2.80) 0 Mixed Solid Waste Material Recovery Facility = 7.5% of Tip Fee ($2.10) 0 Transfer Station = 5% of Tip Fee ($1.40) *For the purpose of the calculation in this section, the T: does not include the Facility Fee or the Mitigation Fee. If a jurisdiction has more than one Facility at the same loci or contiguous location, it would receive the higher o applicable Facility Fees, but not more than one Facility Fec The Facility Fee for all Future Facilities sh the Facility Fee for that type facllity as of Zanuary 1, 199 adjustments as described in subsection a, above. 5. Mitigation Fee. Commencing July 1, 1993 the County agrees to coll part of the Tip Fee a Mitigation Fee which is five percent ( the Tip Fee in effect on January 1, 1993. Thereafter Mitigation Fee shall be adjusted automatically and concur with any increase in the Tip Fee, by an amount equal t percentage increase in the Tip Fee or an amount not greate five percent (5%) of the then current Mitigation Fee, whiche c. less - 17 0 e Any jurisdiction may apply for the Mitigation Fee which must be for a specific project to correct a documented impact arising from a Facility. However, no Mitigation Fee shall be granted for a mitigation measure which is required for compliance with the California Environmental Quality Act (I'CEQA") or any other regulatory process. Moreover, any jurisdiction which is receiving a Facility Fee for a particular Facility would not be eligible to apply for a Mitigation Fee for that same Facility. The application process and the apportionment formula shall be determined by the commission. 0. Term. The term of this Agreement is for twenty (20) years from the Effective Date, unless extended or terminated as provided below. 1. Automatic Renewal Provision. The tern shall be automatically renewed for a period of one year on the first day of the first January after the Effective Date, and for an additional period of one year thereafter on the first day of each January thereafter unless written notice of nonrenewal is served by City on the County at least 90 days prior to said date or written notice of nonrenewal is served by the County on City at least 60 days prior to said date. Under no circumstances shall a notice of renewal to either party be required to effectuate the automatic renewal of this Agreement. If either party serves notice of intent in any year not to renew this Agreement, this Agreement shall remain in effect for twenty years after the next automatic renewal date. 2. Early Termination. The County may not terminate this Agreement within the initial 20-year term. City may request and be granted early termination according to the provisions of this subsection. a. Conditions Precedent to Filing. If City desires to terminate this Agreement before the expiration of the remaining term, it may do so according to the following procedures. b. City's Obligation to Meet and Confer. Prior to filing a petition for early termination, City shall meet and confer diligently and in good faith with the County and the Commission to discuss the reasons for the proposed termination, including, but not limited to the following issues: 18 0 0 (1) The alternate means of Solid disposal which is reasonably available to City over the relr Term. (2) Giving the Commission the opportur employ said alternate form in the System. (3) The impacts on the System o withdrawal of City from the System. (4) The terms and conditions, and th for, early termination. In this regard, City shall be giver available opportunity to mitigate the impacts of its wit1 from the System. c. Commission's Duty to Meet and Confer. The Commission shall diligently and in good meet and confer with the petitioning Member City. d. City Adopts Resolution. After the meet and confer process has con( City shall have the right to petition for an early terminal this Agreement after a noticed public hearing, including no' the Commission, and the City Council adopts a resolut petition the Commission for early termination. e. City Files Petition. The petition shall include the following prov: (1) (2) A detailed statement of the reasc A copy of the resolution. the proposed termination of the Agreement. (3) A detailed description of the mean City will use to dispose of its Solid Waste after terminal granted and an indication of whether such means are avail; other Member Agencies. (4) Commission may require. Such other information as the rules f. Duty to Formulate Terms and Conditic Early Termination. The Commission, following a public hearing formulate the tentative terms and conditions for early term of this Agreement with City. The Commission shall meet and in good faith with City regarding the Tentative Conditions 19 e 0 g. Terms and Conditions for Tentative and Final Withdrawal. The Commission shall set such terms and conditions as are reasonably necessary to mitigatle any impact on the System of the withdrawal of City sooner than the expiration of the remaining term, including but not limited to the following factors: (1) The present value of closure and post closure costs for System Facilities in excess of the amount for which reserves have previously been set aside. (2) The impact on any existing System that will be caused by the loss of tip fees contributed Agreement, from the disposal of City's Acceptable Waste. (3) The date at which termination should be granted to reasonably avoid impairment of any System Obligation. The Commission shall not set a date for early withdrawal sooner than 5 years from the date withdrawal is finally approved. (4) The present value of City's contribution toward System Facilities, reserve funds, closure and post closure costs, and remaining landfill capacity, any or all of which will inure to the benefit of the System following withdrawal. (5) No withdrawal shall be permitted by the Commission except on terms and conditions which are certified by an independent consultant approved by the holders of the System Obligations or their respective fiduciaries, taking into account all uncertainties and contingencies as to future system revenues and expenses, to have no material and adverse financial impact on the holders of the System Obligations or on Member Agencies. Any withdrawal which would have the effect of lowering any then current credit rating on System Obligations shall be deemed to be material and adverse. h. Method of Compliance with Termination City, with the Commission's approval, may utilize any combination of methods for mitigating the System impacts, including but not limited to the following: Conditions. (1) Cash payment; or (2) Acceptable Waste at a non-signatory tip fee. avoid impact on the System's financial condition. Continuing disposal of a portion of City's Such methods for payment shall be sufficient to 20 __ 0 0 i. Duty to Offer Termination to All Member C After approval of the Tentative Conditions : if they have an interest in early termination on the same ter conditions as in the Tentative Conditions. Other Member shall have 60 days to request early termination based c Tentative Conditions. Commission, the Cornmission shall solicit all Member Cities If any other Member Cities request termination, the Commission shall recalculate the impact ( System of City's withdrawal taken in conjunction with all Member Cities desiring early termination, and shall ther formulate, in negotiation with all such cities, a set of terms and conditions for early termination which shall recei approval of the Commission. After compliance with the foregoing procedure Commission shall grant all withdrawing Member Cities an termination on the Final Conditions, and no withdrawing Membe may terminate except upon acceptance of said Final Conditio j. Right of Withdrawing Member Cit Participate in the Commission. After requesting early termination, but befort of same, a withdrawing Member City may participate in the dec of the Commission except as to decisions relating to the Ter and Final Conditions for its withdrawal. After early term5 is granted, but before it becomes effective according to its the withdrawing Member City shall be an ex-officio non- member of the Commission. After the Agreement is terminate Member City shall no longer be a member of the Commission. k. Revocation of Early Termination Request A Member City requesting early termination sf. entitled to revoke their request for early termination upon I: of all costs incurred by the System in processing their rc unless same are waived by the Commission. P. Liability. 1. Operating Facilities and Future Facilities. a. County Defense, Indemnity and Hold Ham The County, through its Solid Waste Enterpris shall defend, indemnify and hold harmless City, its elect appointed officers and employees, from and against all cla: damages, liability, costs and expense (including, attorneys resulting from or arising out of the activities of the Commi: 21 0 e the disposal at an Operating Facility or Future Facility of Acceptable Waste generated by City or within City limits when disposal is in accordance with the applicable rules and regulations at the Facility. This obligation shall consist solely of the burden and expense of defending against claims and the incurring of expenses (with counsel reasonably approved by the indemnified parties), even if such claims or other proceedings are groundless, false or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against city, City at its sole expense, may employ additional counsel of its choice to associate with counsel representing the County. County's obligation to indemnify shall be reducedto the extent of the negligence or fault of City in connection with the causation of the accident, occurrence or condition giving rise to the claim. There shall be no duty to defend or indemnify if the accident, occurrence or condition giving rise to the claim is solely a result of the negligence, fault or activities of City. b. Notice of Claim If City shall become aware of or receive notice or other communication concerning any actual, alleged, suspected or threatened action which would trigger an indemnification obligation on the part of the County pursuant to this section, including without limitation, notice or other communication concerning any actual or threatened litigation, investigation, claim, citation, directive order, writ or injunction, City shall deliver to the County, within 15 days of receipt of such notice or communication by City, a written description of the substance of the notice or communication, together with any documents evidencing the notice or communication. Except as provided herein, receipt of such written description shall not be deemed to create any obligation on the part of the County to respond. c. Contamination Claims. This Section shall not apply in cases of lawsuit- or other actions taken under the Comprehensive Environmental Response, compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (IlCERCLAf1), 42 U.S.C. 3 9601 et seq. ; the Resource Conservation and Recovery Act (llRCRA1l), 42 U.S.C. 0 9601 et seu. ; the Safe Drinking Water Toxic Enforcement Act of 1986, California Health and Safety Code § 25249.5 et seq.; the Clean Water Act ("CWA"), 33 U.S.C. 9 1251 et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300f & secl.; the Clean Air Act ("CAA"), 42 U.S.C. § 7401 & seq.; the California Air Pollution Control Law, California Health and Safety Code 5 39000 et sea. ; the 22 * 0 e - i California Integrated Solid Waste Management Act (e'ISWl California Public Resources Code 6 44000 et sea.; and plans, r~ regulations or ordinances adopted, or other criteria and guide: promulgated pursuant to the preceding laws or other poll1 control laws, regulations, rule or ordinance now or hereaftc effect. d. First Response. Notwithstanding the provisions of subsection c County shall cause the Solid Waste Enterprise Fund to pay fo costs, judgments, monetary damages, orders, decrees, or othe legally imposed obligations of any Member Cities resulting fr arising out of the disposal at a Facility of waste generat City or within City limits including, but not limited to, cas lawsuits or other actions taken under CERCLA or RCRA, or si State Laws during the time that it is a Member City. City a that the County may enforce its rights and defenses pclrsua subsection c through an action in indemnity or contribution. 2. Non-Operating Facilities. Nothing in this Agreement is intended to altei existing liabilities of any jurisdiction with respect to Operating Facilities, including the County's or a city's rig contribution for CERCLA liability or damages against the Cour any other city or party. Q. Newly Incorporated Cities. 1. A City incorporated after the Effective Date of Agreement may, within 90 days of the effective dal lnCOrpOration, elect to sign a Participation Agreement w payment of a buy-in charge. During this 90-day period thc shall not be assessed an Economic Risk Surcharge. A City whi not signed a Participation Agreement within 90 days o effective date of incorporation shall be treated as a Signatory City. Ninety Days to Approve Agreement. 2. Terms and Conditions of Incorporation. The provisions of subparagraph 1 above shall r deemed to supersede any condition of incorporation determinin the City succeeds to the obligations of the County imposed Flow Control Covenant within the City's jurisdiction. event such a condition is imposed, the City shall be deemed t signed this Agreement within the period specified above. 23 0 e VI. Miscellaneous. A- Rights of Holders of System Obligations. The City acknowledges that the holders of System Obligations are third party beneficiaries to the covenants and agreements of the Member Agencies herein; that such covenants and agreements constitute a material element of the inducement of such holders to the purchase of such System Obligations; that such holders and their fiduciary shall be entitled independentlyto seek and obtain judicial enforcement of any breach hereof by either party hereto the effect of which causes or may cause a breach by the County of any System Obligation; and that no amendment may be made hereto which materially and adversely affects the rights of the holders of System Obligations. B. Notices. All notices, demands or requests pursuant to this Agreement shall be in writing. All notices, dem,ands and request- to be sent to any party shall be deemed to have been properly given or served on the date actually received, if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified below. Notices or documents sent to the County should be sent to: County of San Diego Department of Public Works Solid Waste Division (0383) 5555 Overland Avenue San Diego, CA 92123 Attn: Deputy Director With a copy to: Office of County Counsel 1600 Pacific Highway, Room 355 San Diego, CA 92101-2469 Attention: County Counsel Notices to the City should be sent to: I CA Attn: City Manager With a copy to: I CA Attention: City Attorney 24 -. * 0 _I w C. Entitlement to Subsequent Notices. No notice to, or demand on, the parties for notice of ai not herein legally required to be given shall in itself crei right in the parties to any other notice or demand in thc similar or other circumstance. D. Entire Agreement. This Agreement, together with any other written dc referred to or contemplated herein, embodies the entire Agi matter hereto and may be modified only by written agreement by all of the parties. and understanding between the parties relating to the t E. Authority of Parties. Each signatory warrants that it has legal authority tc into this Agreement. F. Option to Include More Beneficial Provisions in Agreements. If, after City has signed this Agreement, another City negotiates clauses or agreements different from other e, agreements or more advantageous to itself, County shall, fifteen days after such clauses or agreements are executed, an option to such cities to amend this Agreement to includc same clauses or agreements to the extent applicable, G. Modification. Amendments, modifications, and waivers to this Agreemen' be mutually agreed to in writing by the Parties and apprc their respective legislative bodies. H. Counterparts. This Agreement may be executed in more than one counte each of which shall be deemed to be an original but all of when taken together shall constitute but one instrument. I. Non-Severability. In the event that a substantive provision of this Agr shall be determined to be invalid, illegal, or unenforceable respect, the parties hereto shall negotiate in good fait amendments, modifications, or supplements to this Agreement c other appropriate action as shall, to the maximum practicable in light of such determination, implement an effect to the intentions of the parties as reflected herei negotiations in good faith fail, the County will have the rj terminate the Agreement. 25 e e J. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. K. Waiver. No breach of any provision herein can be waived unless in writing. Waiver or any one breach of any provision herein shall not be deemed to be a waiver or any other breach of the same or other provision hereof. L. Remedies. All Parties hereto shall have the right to commence any action at law or equity, including specific performance, to remedy a breach of the terms herein, provided that neither Party shall have the right to terminate this Agreement except as provided herein. M. Other Agreements. This Agreement shall not be deemed to amend or alter the terms of other agreements, whether existing or approved in the future, between City and County, except as provided herein. N. Exclusion of the City of San Diego. The terms and conditions of this Agreement exclude the City of San Diego unless otherwise expressly provided. IN WITNESS WHEREOF, the City and County have signed this Agreement as of the date first set forth above. CITY OF MAYOR ATTEST: CITY CLERK COUNTY OF SAN DIEGO By : Title: 26 0 e .- t EXHIBIT 1 Operating Facilities Active Landfills San Marcos Otay/Otay Annex Sycamore Borrego Springs Ramona Rural Container (Bin Transfer) Stations Barrett Junction Boulevard Campo Julian Palomar Mountain Ranchita Sunshine Summit Vallecito viej as ocotillo Wells Landfill Gas Recovery Facilities (Inactive Landfills) Bell Junior High Bonsall (under construction) Palomar Airport Landfill (design phase) Other Facilities - North County Recycling and Waste Reduction Facilitj (under construction) Palomar Airport Transfer Station (land and partial improvements) 15 acres of industrial land in the City of Vista (land only - possible future transfer station) 0 a EXHIBIT I1 SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) July 1, 1992 Population Member Aclencv Pop1 at ion county of San Diego 419,988 Chula Vista 141,778 Oceanside 138 f 469 Escondido 112,851 El Cajon 90,241 Vista 75,780 Carlsbad 65,661 National City 58,632 Encinitas 56,530 La Mesa 54,043 Santee 53,853 San Marcos 42,778 Imperial Beach 27,138 Coronado 26,683 Lemon Grove 24,660 Poway 45,389 Solana Beach 13 f 189 Del Mar 4,983 1,452,646 "Z .- e 0 b 1 EXHIBIT 111 APPORTIONMENT FORMULA (1) Determine each Member Agency's population (as report SANDAG on July 1 of each year). If any Member Agency h percent or more of the total population of the Member Age] allocate 40 votes to that Member Agency and follow step 2; i follow step 3. (2) Total the population of the remaining Member Ag determined in step 1 and compute the percentage of this tota each Member Agency has. determine fractional shares. (a) Multiply each percentage derived above by (b) Boost fractions that are less than one to or the whole numbers. (c) If the answer to step b. is 60, drop all fra and the whole numbers are the votes for each Member Agency. (d) If the answer to step b is less than 6 remaining vote(s) is allocated one each to that Member having the highest fraction(s) excepting those whose va increased to one (1) in step b. above. (e) If the answer to step b. is more than 60, the vote(s) is taken one each from the Member Agency with the fraction(s). In no case may a vote be reduced to less tha (3) Total the population determined in step 1 and compute percentage of this total that each Member Agency has, (a) Boost fractions that are less than one to o the whole numbers. (b) If cne answer to step a. is 100, drop all fr and the whole numbers are the votes for each Member Agencq (c) If the answer to step a is less than 1 remaining vote(s) is allocated one each to that Member having the highest fraction(s) excepting those whose v increased to one (1) in step a. above. (d) If the answer to step a. is more than 1 excess vote(s) is taken one each from that Member Agency > lowest fraction(s) . In no case may a vote be reduced to 1 one. e EXHIBIT N 0 AD IIENSIIAW FALLBROOK SANITARY DISTRICT PENNY LEW DELCARMEN A FFI DI S FIRRE RESOURCES INC PHILLIP UNIlT ALMAC SAKITATION GAINER 8. ASSOC. A1.7'0 WASTI' G EOTECH CONSULTANTS PLASTICS RECYCLING ASY AI;'I'O I~AKGIS & ASSOC INC. POD/SASAKI A I'I'KO 1' K [ATE TEC I I AKCI{[?'F%'I'UUL IND. MOI)ISL IIDR ENGINEERING PUBLIC FINANCIAL MGMT BENITO SINCLAIR IIENRY ENTERPRISES PUBLIC FINANCIAL MGMT INC. BKOWN AND CALDWELL BROWN VENCE & ASSOC HILLSBOROUGII MASTER HOMEOWNERS ASSOC. RW. BECK BRYAN A STIRRAT & ASSOC IIOUSTON SCALE RW. BECK BULL FENCE HUBBARD RAMONA BULL FENCE I LOVE A CLEAN SAN DIEGO RAMONA DISPOSAL BUTLER ROACH GROUP cw. CHRISTENSEN IMPERIAL BEACH RAMONA UNITED SCHOOL DIST. CA GEOLOGICAL GROUP IT CORP. RECON CAL RECOVERY IT CORP. RECON CAL TRANS IT COW. RECON CAMP DRESSER & MCKEE JEMCO EQUTP/RAMONA DISPOSAL RECON CAMP DRESSER & MCKEE KISSINGER TRUCKING RECON CONSULTANT CARDINAL WRFLKING KLEINFELDER RECYCLING EARTH PRODUCT CARLSBAD KLENFLEDER ROY E LADD INC CARLSBAD AIRPORT CENTRE LA MESA SAIC CHZM BILL LA MESASPRING VALLEY ScsrooLs SAN DIEGO CI"TREASUmR CHZM If ILL LAIDLAW SAN DIEGO ECOLOGY CENTRE LAIDLAW wA!?l'E MGMT CHZM HILL CIIuLA VISTA LEBOEXF & LAMB & L & MAC CITY OF CARLSBAD LEBOEUF & LANB & L & MAC CITY OF CARLSBAD LEIGHTON AND ASSOCIATES CITY OF CHUM VISTA LEMON GROVE SAh' ELUO RANCH CITY OF DEL MAR LINSCO~~W/GREENSPAN SAN MARCOS C?TY OF ESCONDIDO LSW ENGINEERS SANTEE CITY OF POWAY LU KEDUDEK SANTEE SCHOOL DISTRICT CITY OF SAN DIEGO MALCOLM PIRNIE (IANDFILL) SCS ENGINEERS CITY OF SAN DIEGO MARATHON CONWRUCTION SOLANA BEACH CITY OF SAN DIEGO MASHBURN SOLANA BEACH CITY OF SAN DIEGO MASHBURN (Solid Waste Systems) SOLANA RECYCLERS CITY OF SANTEE MCLNERAY SOMA RECYCLERS CITY OF SOLANO BEACII METCALF & EDDY INC SOLANA RECYCLERS CITY OF VISTA METRO TRAFFIC SOLANA RECYCLERS INC CITY OF VISTA MICHAEL BRANDMAN SOLAR TURBINES INC COAST WASTE MGMT MKM COMMUNICATIONS SOUTH STATE TOWING COAST WASE MGMT NATIONAL CITY SOUTH WESTERN COLLEGE COLGAN, FRED & DORIS NATIONAL CITY STA INC. CORONADO NHS WWRY TECH PLAN CRUSH MASTER N CRRA m AL U.S. GEOLOGICAL SURVEY DAMES& MOORE NORTH COUNTY CIIAFLAINCY U.S. GEOLOGICAL SURVEY DAVID HUNTLY, PI1D OCEANSIDE URBAN CORPS ')EL MAR OCEANSIDE DISPOSAL VISTA IELANEY & ASSX'S OCDEN ENVIRONMENTAL V1SI'A 1KKrGATION DkSTRICT IELOITE & TOUCHE PACIFIC ENERGY W.R CONNELLY 3UKE UNIVERSITY PACIFIC SOUTHWEST WASTE MANAGEMENT :PA DAVID FEGE PACIFIC SW BIOLOGICAL WASTE MANAGEMENT .AST COUNTY DISPOSAL PACIFIC WEST COMMUNICATIONS WAYNE RIFER BARRA INC. PNILLIPS REYNOLDS INC. (Robert Dcin 6( ASSO ANA(.YI'l<'h\, PIIoI'o 11 Si W FARMING PIASTICS KEPKOCESSING IIAKMON WARD FOWAY HERZOG CONTRACTING CORP. QEI, INC. I LOVE A CLEAN SAN DIEGO RAMONA MUNICIPAL WATER SAh' DIEGO RECYCLING SAN DIEGO RECYCLING SAN DIEGO RECYCLING SAN DIEGO STATE UNIVERSITY FOUNDATION ASTLAKE V.C. ZINSER - FURRY, INC L_