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HomeMy WebLinkAbout1993-05-18; City Council; 12236; APPROVAL OF INTERIM SOLID WASTE AGREEMENTk w 0 a 0 0 ?I a aJa &drl UP a wu oa a 0 &V -d a cd UP u Ea rd aJ6 Ea a d a- d rna * c 5g 0 0; i %! IOU! 3 LtaJ u as rn uu r(u a aF., 40 h4-1 oa 44 em x ae rno Lo 3 ua u a, a) oa Q)W r: WaJ 0 as uu Em Q, M Q ae d a -4 uc ,G a, v aa .li 4J *rl $44 a a a, ag 2 ;Grl -4 cd $4 9 a d u fia 0 4s '6 aJE d * fC3 a4 4J un MZ : 9 aa : 52 u a,-u .c ala c, uc aal ucd m k rd *mma a,&> SZ a, k0.d mu rl vi a 4 *d>d .ri UQLt u GaJaJ d 5a4J 9 Of4 0 uma U mol m m\ z \m P CON c 0 a rt\ \m m 6 2 3 0 0 5 c@r OF CARLSBAD - AGEBA BILL ,- AB # 1%: $3 b MTG. 5/18/93 APPROVAL OF INTERIM I DEPT. CM- RECOMMENDED ACTION: Adopt Resolution No. 4 3 - i 5 L approving an agreement by, between, and amc County of San Diego and the cities of the County establishing an interim Solid Commission and providing for the disposal of solid waste. TITLE: SOLID WASTE AGREEMENT I ITEM EXPLANATION The Carlsbad City Council has long been concerned with solid waste managemet County. On March 19, 1991, the Council adopted a policy statement regarding sol management. The policy was adopted in response to AB 939 and to guide City c dealing with solid waste management issues. One of the objectives of the policy formation of a regional joint powers agency (JPA). The policy contemplated that would be members of the JPA; however, it was felt that the JPA could be effective 1 than 100% membership. During numerous discussion over the past two years, the staff and elected official level, efforts have been made to formulate COC relationships among and between the cities and the County of San Diego. TI efforts of the County to get cities to sign flow-control agreements evolved into a dii of alternate institutional relationships between agencies and the initial effort to f the relationship was in the form of a participation agreement. The participation a< concept was reviewed on a regional basis both at SANDAG and through the meetings on solid waste. As a result of direction coming out of the Solid Wastc Meetings, an elected officials steering committee was ultimately appointed to neg agreement. The elected officials steering committee is composed of two t'ept'es from the four geographical regions of the County and two members of the Supervisors. Mayor Lewis and Mayor Lyon of Oceanside represent the Nortk coastal cities. As a result of a series of steering committee meetings, an interim a has been developed which is being presented to all cities with the exception o of San Diego for consideration and approval. For the agreement to become e must be approved by the County and all cities, on or before June 1, 1993. The Interim Agreement is an important milestone in the development of a cooperative, intergovernmental approach to solid waste management. Th Agreement represents a compromise that has been hammered out after r discussions by staff and elected officials. The Agreement represents the consensus that has been developed amongst the elected officials on thc committee and there are a number of issues that will need to be further negotiz of the commitments an agency will make when approving the Agreement, is to in good faith to develop a permanent governance entity no later than May 31, 1 S work yet remains to be done and there is no assurance that a peftnaflent g( entity will, in fact, result. However, as a result of the extensive discussion and dl that has occurred, an improved level of understanding and trust has developec T @ -. AGENDA BILL NO. 12, a3 b r Page 2 may be a window of opportunity to further advance intergovernmental understanc cooperation in the solid waste management area and if further progress is to be may be important to expeditiously close on this issue, while the information is I and before the players change, The Interim Agreement presented represents efforts of the Elected Officials Steering Committee, in light of the information avE this time and operating under a very tight time schedule. The Board of Supervisors approved the Agreement in concept on May 11, 1 directed the Agreement be distributed to cities for approval. The Board of Supervi scheduled the Agreement for approval at its June 1, 1993 meeting. Attached to this agenda bill, is an outline of major points contained in the Soli Interim Agreement. Staff will be prepared to provide a point by point review Council Meeting. There are inherent advantages and disadvantages and risks in \ course of action the City Council chooses to take. The basis of the staff recommi to the Council, assumes the Council finds the Interim Agreement accompli: following policy objectives expressed in the Council’s Policy Statement in sol management. 0 Interim Commission would evolve into an acceptable governance entity. 0 Approval of Interim Agreement would not arbitrarily utilization of other cost effective disposal options. Not interfere with implementation of AB 939 Allow adequate control of waste stream to provide for ecor and environmentally safe disposal. There is a large element of trust in this Agreement and it may be important to cI while the level of trust seems to be improving. There are risks and uncert: approving the Agreement. The following list of issues should be considered befor a final judgement: 1. 0 0 City will only have one vote in an advisory role. Board of Su makes final decision. Changing market place may argue against long term commitmen No commitment from County on amount of fee other than it will nc costs. County system tipping fee may be higher than other disposal OF are emerging. 2. 3. 4. ? a c AGENDA BILL NO. I a, 23 6 Page 3 * 5. NO assurance of uniform fee to at1 members, Fee could vary bet< equity issue or on sub-regional basis. No assurance that long term governance entity will be created. Significance of this Agreement to overall governmental relations wi San Diego region. 6. 7. If the Council feels comfortable with the above outlined factors, it is recommended 1 approve the Interim Agreement. The Council need not make a decision on approv Interim Agreement until its May 25, 1993 meeting. The Council may wish to decision until that time to receive further input on this issue. FISCAL IMPACT At its May 11, 1993 meeting, the Board of Supervisors discussed the tipping fee fiscal year. The Board of Supervisors is expected to take action at its May 1 meeting to adopt a tipping fee of $43 per ton for the next fiscal year assuming sign the Interim Agreement. If there is no Interim Agreement, it is anticipated Board of Supervisors will set the tipping at $65 per ton. The impact of increases in the tipping fee has been analyzed by Ernst & Young, firm that has been working with a steering committee of city and county represc The attached Exhibit (6) illustrates the impact of various fee levels on a sing household. A tipping fee of $43 per ton would result in an estimated increase of < month. If the tipping were to increase to $65 per ton, the increase would be apprc $4.50 per month. EXHIBITS 1, Resolution No. 4 3 - 15 2- approving Interim Solid Waste Mar Agreement. 2. 3. 4. Council Policy statement on Solid Waste Management. Outline of Issue points in Solid Waste Interim Agreement Interim Agreement highlights prepared by the staff committee to tt Officials Steering Committee. 5. Project tipping fees. 6. Impact of tipping fee increase on residential trash rates. c w 1 2 3 4 5 6 7 8 9 10 I-1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO# 9 3 - 15 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR CALIFTNIA APPROVING AN AGREEMENT BETWEEN AND AMONG ' COUNTY QF SAN DIEGO AND THE CITIES OF THE COUNTY ESTABL AN INTERtM SOLID WASTE COMMISSION AND PROVIDING FO DISPOSAL QF SOLID WASTE , i \ WHEREAS, elected representatives of the County of San Diego and various citi County have negotiated an intergovernmental agreement regarding solid waste; */ ---\ , WHEREAS, said representatives have reached agreement on the contents of a agreement, which they desire to submit to the CountyBoard of Supervisors and 1 council for consideration and approval; and '\ , WHEREAS, the City Council of the City of Carlsbad, California has determine / in the public interest to approve such and agreement; \ i -I-\ / NOW, THEREFORE BE IT RESOLVED by the'City Council of the City of ( California as follows: 1, The above recitations are true qnd correct; 2. That the Interim Agreement attached hereto as Exhibit A is hereby apprc 3. That the Mayor is hereby au orized and directed to sign the Agreement \/ a 4 of the City. 111 Ill Ill Ill '-1 Ill //I \ CI t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 0 PASSED, APPROVED AND ADOPTED by the City Council of the City of C California on the day of , 1993, by the following vote, to wit: \ \ '\ \ '\ AYES: NOES: ABSTAIN: / \ \ \ ,/--- - ' T CLAUDE A. LEWIS, Mayor \ \ ATTEST: \ / ALETHA L. RAUTENKRANZ, City Clerk \ , / / \ (Seal) 9 \ \ \, \ PAHlJ31l H v 0 RESOLUTIO -. - APPROVED BY STEERING COMJ 11 MAY 93 Page 1 AGREEMENT BY, BETWEEN AND AMONG THE COUNTY OF SAN DIEGC AND THE CITIES OF THE COUNTY ESTABLISHING AN INTERIM SOLID WASTE COMMISSION AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE ( It INTERIM AGREEMENT" ) This Agreement (llINTERIM AGREEMENT"), is entered int between and among the County of San Diego (llCOUNTY") and the ( within the COUNTY, for the purpose of providing a committed f solid waste that serves as a basis for the COUNTY to issue bo1 finance the expansion and/or closure of the San Marcos Landfi to provide financing for other necessary solid waste : projects; to provide a process, for up to twelve months, by the parties can mutually participate in dealing with regional waste matters: and to develop a permanent governance author: deal with regional.solid waste matters that will promote thc term health and safety of the residents of the COUNTY an Cities. Now, therefore, the undersigned COUNTY and Cities (collect: "Member Agencies") agree to participate in good faith i performance of this INTERIM AGREEMENT, and to act in a mannei conforms to the spirit, intent and general premises of this IT AGREEMENT, and in accordance with the following: 1.0 MEMBERSHIP 1.1 COUNTY Membership. To be a signatory of this I1 AGREEMENT and participate as a full member of the 11 Commission, the COUNTY is committing 100% of its Acceptable flow in accordance with the provisions of Part 3 of this doc1 1.2 To be a signatory of this INTERIM AGRl and participate as a full member of the Interim Commission, city is committing at least 50%, and may commit up to loo%, ( Acceptable Waste flow in accordance with the provisions of I of this document. City Membership. b a. A member city committing at least 50% of its Accer ' Waste flow at the time of signing this document may, until Dec 1, 1993, deliver more than its committed Acceptable Waste COUNTY facility and such additional waste shall not be subjc the Economic Risk Surcharge set forth in this document at Pz section 3.6, subsection d. 1 w 7 - APPROVED BY STEERING COMMITTEE 11 MAY 93 Page 2 b. On or before December 1, 1993, a member city may file a committing Acceptable Waste in addition to that committed in Section 1.2 (a) to the Interim Commission; on the terms set forth in Section 3.10. 1.3 City of San Diecro Membership. Based on the City of San Diego's unique role in regional waste management issues, the City of San Diego may participate as an ex-officio non-voting member of the Interim Commission. The COUNTY will negotiate a separate agreement with the City of San Diego which reflects the City of San Diego's unique role in regional waste management issues. Such agreement will be brought before the Commission for review and comment prior to adoption. written addendum, in a form acceptable to the Interim Commission, 2.0 EFFECTIVE DATE, TERM 2.1 Effective Date. This INTERIM AGREEMENT shall take effect on June 1, 1993, so long as on or before that date, the COUNTY and each city in the COUNTY have executed this document; otherwise this document shall have no force or effect whatsoever. 2.2 Term. Except as otherwise provided in Part 3 of this INTERIM AGREEMENT concerning the commitment and disposal of Acceptable Waste, the term of the INTERIM AGREEMENT shall expire on May 31, 1994, unless sooner terminated by creation of a permanent governance entity pursuant to Section 4.5(c). 3.0 COMMITMENT OF SOLID WASTE FLOW AND DISPOSAL OBLIGATION 3.1 Title. This Part of the INTERIM AGREEMENT shall be known as the "Flow Control Covenant. It 3.2 To the eytent allowed by law, each Member Agency agrees that the portion of its Acceptable Waste designated in the execution section of this document shall be ' delivered to the facility that the COUNTY reasonably designates. b For purposes of this agreement, a 50% commitment constitutes the . tonnage commitment for the respective Cities as set forth in Exhibit tlA1l, until adjusted by the Interim Commission. The Interim Commission may review the tonnage commitment and revise the apportionment. Commitment of AcceBtable Waste. . 2 . 7 W c APPROVED BY STEERING COMMI' 11 MAY 93 Page 2 b. On or before December 1, 1993, a member city may fi written addendum, in a form acceptable to the Interim Commiss committing Acceptable Waste in addition to that committec Section 1.2 (a) to the Interim Commission; on the terms set f in Section 3.10. 1.3 City of San Dieqo Membershb. Based on the City of Diego's unique role in regional waste management issues, the of San Diego may participate as an ex-officio non-voting membe the Interim Commission. The COUNTY will negotiate a sepa agreement with the City of San Diego which reflects the City of Diego's unique role in regional waste management issues. agreement will be brought before the Commission for review comment prior to adoption. 2.0 EFFECTIVE DATE, TERM 2.1 Effective Date. This INTERIM AGREEMENT shall take effec June 1, 1993, so long as on or before that date, the COUNTY each city in the COUNTY have executed this document: otherwise document shall have no force or effect whatsoever. 2.2 Term. Except as otherwise provided in Part 3 of this IN'l AGREEMENT concerning the commitment and disposal of Accept Waste, the term of the INTERIM AGREEMENT shall expire on Mal 1994, unless sooner terminated by creation of a perm; governance entity pursuant to Section 4.5(c). 3.0 COMMITMENT OF SOLID WASTE FLOW 2WD DISPOSAL OBLIGATION 3.1 Title. This Part of the INTERIM AGREEMENT shall be knol the "Flow Control Covenant. 'I 3.2 Commitment of Acceptable Waste. To the extent allowed by each Member Agency agrees that the portion of its Acceptable \ designated in the execution section of this document shal ' delivered to the facility that the COUNTY reasonably design( b For purposes of this agreement, a 50% commitment constitute! a tonnage commitment for the respective Cities as set fort Exhibit gtAtl, until adjusted by the Interim Commission. The In Commission may review the tonnage commitment and revise apportionment. 2 - ?) e - APPROVED BY STEERING COMMI 11 MAY 93 Page 3 3.3 Acceptable Waste Defined. a. "Acceptable Waste" is garbage, refuse, waste and c matter which is legally acceptable at a Class I11 landfill purs to California Code of Regulations Title 23, Subchapter 15 or c such laws or regulations as are in effect at the time of disr which is generated within its respective jurisdiction which, the COUNTY, consists of the unincorporated area. Except: P generated by a State or Federal governmental entity unless Member Agency has exercised control over such waste and choosc commit it; or waste generated by any person and transport€ disposed of by or on behalf of a self hauler hauling less th; tons per month. b. Each Member Agency shall have the right, without pen; to recycle (as defined at Public Resource Code 5 40180) any : waste (as defined at Public Resources Code 5 40191) by any 1 selected by the Member Agency and any such recycled material : be excluded from the commitment otherwise made to the COUN' this Flow Control Covenant. However, if the residue of recycling process which can legally be disposed of at a Clas landfill exceeds five percent (5%) of such recycled material, process residue shall be returned to the System for disposal u exempted by the COUNTY. 3.4 Enforcement of Flow Control. To the extent allowable by each Member Agency shall establish, implement and carry out a flow enforcement program which is sufficient to assure compl with the Flow Control Covenant. This program may include t extent necessary and appropriate in the circumstances, but not be limited to, (1) licensing, permitting or franc1 haulers (on an exclusive or nonexclusive basis), upon the conc of compliance with the Flow Control Covenant, (2) adc ordinances or resolutions requiring compliance with the Control Covenant, and (3) taking enforcement actions unde such license, permit, franchise, ordinance or resolution. 1 municipal collection of Acceptable Waste shall not be rer hereunder unless all other available means and methods of enfc the Flow Control Covenant have been unsuccessful. If any ev ' circumstance (including without limitation a change or ac b interpretation of applicable law) impairs or precludes comp . with the Flow Control Covenant by the means or methods then employed by the affected party, such party shall imp alternative or substitute means and methods to enable lawfully satisfy the terms and conditions of the Flow C Covenant. If a change or interpretation in applicable law i or precludes either party from complying with the Flow C 3 v v .- - APPROVED BY STEERING COMMITTEE 11 MAY 93 Page 4 Covenant by any means, such party shall use its best efforts, to the extent practicable and subject to indemnification by the COUNTY, 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. a. Power to Exercise Flow Control. Each Member Agency represents that it has the right, power and authority under existing 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. b. Consistency of Aqreements. As soon as practicable after the Effective Date, all licenses, permits, contracts, agreements, leases, franchises, in effect with or pertaining to any person relating to or affecting Acceptable Waste shall, if and to the extent necessary, be amended to provide explicitly that the affected party shall have the right without material restriction to direct the delivery of the committed Acceptable Waste in accordance with the Flow Control Covenant. On and after the Effective Date, the affected party shall not enter into, issue or adopt any license, permit, contract, agreement, lease, franchise, ordinance or resolution which is materially inconsistent with the Flow Control Covenant. 3.5 COUNTY'S Disposal Obliqation. In a manner that is economical, ' fiscally sound and reasonably protects the environment, the COUNTY b agrees to dispose of the Acceptable Waste directed by Member ordinances and resolutions of the affected party which are lawfully Agencies to the COUNTY under this Flow Control Covenant. 4 _1 w m- - APPROVED BY STEERING COMMI 11 MAY 93 Page 4 Covenant by any means, such party shall use its best efforts the extent practicable and subject to indemnification by CQVrJTY, to effectuate executive, leqislative or judicial chang or relief from the applicability of such law so as to enable lawfully to resume compliance with the Flow Control Covenan soon as possible following such change or interpretatior applicable law. Compliance by the affected party with obligations under this paragraph shall be deemed sufficien satisfy the its obligation to enforce the Flow Control Covena a. Power to Exercise Flow Control. Each Member Agency represents that it has the rj power and authority under existing applicable law to enter j comply with, implement and enforce the Flow Control Covenant. party shall use good faith and best efforts to preserve, prc and defend its right and power to enter into, comply I implement and enforce the Flow Control Covenant in accorc herewith against any challenge thereto, legal or othei (including any lawsuits by or against such party, whethe contract, violation of law or any other theory. plaintiff or defendant) by any person based upon breacl b. Consistency of Aqreements. As soon as practicable after the Effective Date, licenses, permits, contracts, agreements, leases, franch. ordinances and resolutions of the affected party which are law: in effect with or pertaining to any person relating to or affec Acceptable Waste shall, if and to the extent necessary, be amc to provide explicitly that the affected party shall have the : without material restriction to direct the delivery of committed Acceptable Waste in accordance with the Flow Coi Covenant. On and after the Effective Date, the affected ' shall not enter into, issue or adopt any license, permit, cont agreement, lease, franchise, ordinance or resolution whic materially inconsistent with the Flow Control Covenant. , 3.5 COUNTYls Disposal Obliaation. In a manner that is econom fiscally sound and reasonably protects the environment, the C b agrees to dispose of the Acceptable Waste directed by M . Agencies to the COUNTY under this Flow Control Covenant. 4 v 0 APPROVED BY STEERING COMM 11 MAY 93 Page 5 3.6 Disposal Charqes. The COUNTY may only charge a Member A for the disposition of Acceptable Waste by imposing a fee amount that does not exceed the COUNTY'S cost for providing disposal. All revenue, including interest earned thereon, disposal charges shall be placed in the Solid Waste Enterprise used only for solid waste purposes. a. Tip Fee to Member Aqency. The Tip Fee charged b- COUNTY for the disposal of Acceptable Waste within the System be sufficient to fund the reasonable and necessary cost5 operation, management and financing of the System, inclu solid waste facility closure and post closure costs, solid facility and mitigation fees. Forthe disposal of Acceptable the COUNTY shall charge all sources in the unincorporated area shall charge a Tip Fee for waste delivered from a Member Age (1) Solid Waste Facility Fee. (a) To the extent allowed by law, the COUNTY charge a Facility Fee for waste deliverec processing or disposal to a system facility. COUNTY shall pay-over the collected Facility F the City or COUNTY in the case of unincorporated area in whose jurisdiction facility is located to compensate the ho member for the reoccurring impacts of havinc facility within its jurisdiction. The Facilit shall initially be set at an amount equivale the appropriate percentage for the facility (as described below), as that percentage of tk Fee in effect on January 1, 1993. Thereafter Facility Fee shall be adjusted automaticall concurrently with any increase in the Tip Fe an amount equal to the percentage increase i Tip Fee but not greater than five percent (5 the then current Facility Fee, whichever is 1 (b) Facility types and percentage of the Ti€ Fee* (In effect on January 1, 1993): b 0 Landfill = 10% of Tip Fee ($2.80) 0 Mixed Solid Waste Material Recovery Faci 0 Transfer Station = 5% of Tip Fee ($1.40) *For the purpose of the calculation in this section, the Tip Fee does not include the Facility Fee or the Mitigation Fee. = 7.5% of Tip Fee ($2.10) 5 w 7 APPROVED BY STEERING COMMITTEE 11 MAY 93 Page 6 (c) If a jurisdiction has more than one Facility at the same location, or contiguous location, it would receive the higher of the applicable Facility Fees, but not more than one Facility Fee. (d) The Facility Fee for all future facilities shall be the Facility Fee for that type facility as of January 1, 1993 with adjustments as described in subsection (l), above. 2. Mitiqation Fee. (a) To the extent allowed by law and commencing July 1, 1993, the COUNTY shall impose a Mitigation Fee for waste delivered to a system facility. The Mitigation Fee shall be in an amount that is five percent (5%) of the Tip Fee in effect on January 1, 1993. Thereafter, the Mitigation Fee shall be adjusted automatically and concurrently with any increase in the Tip Fee, by an amount equal to the percentage increase in the Tip Fee or an amount not greater than five percent (5%) of the then current Mitigation Fee, whichever is less. (b) Mitigation Fee funds shall only be used for specific projects that correct a documented impact arising from a system facility. Any City or the COUNTY for the unincorporated area may apply to the COUNTY for a share of the Mitigation Fee funds. Mitigation Fee funds shall not be used for a mitigation measure which is required for compliance with the California Environmental Quality Act or any other regulatory process. Moreover, any Member particular facility will not be eligible to receive Mitigation Fee funds f0r that same facility. Agency which is receiving a Facility Fee for a b. Economic Risk Surcharqe. b (1) To the extent allowed by law, in order to offset any increased costs to the system and account for any economic risks created by non-committed waste being deposited into the system, COUNTY may impose an Economic Risk Surcharge for the disposal of Acceptable Waste from a non-signatory source or from a Member Agency in excess of the portion of Acceptable Waste committed under the Flow Control Covenant. 6 - ? e . APPROVED BY STEERING COMMI 11 MAY 93 Page 6 (c) If a jurisdiction has more than one Facility at the same location, or contiguous location, it would receive the higher of the applicable Facility Fees, but not more than one Facility Fee. (d) The Facility Fee for all future facilities shall be the Facility Fee for that type facility as of January 1, 1993 with adjustments as described in subsection (1) , above. 2, Mitisation Fee. (a) To the extent allowed by law and comei July 1, 1993, the COUNTY shall impose a Mitigi Fee for waste delivered to a system facility. Mitigation Fee shall be in an amount that is percent (5%) of the Tip Fee in effect on Janua 1993. Thereafter, the Mitigation Fee shal adjusted automatically and concurrently witk increase in the Tip Fee, by an amount equal ti percentage increase in the Tip Fee or an amoun greater than five percent (5%) of the then cu. Mitigation Fee, whichever is less. (b) Mitigation Fee funds shall only be use( specific projects that correct a documented is arising from a system facility. Any City 0: COUNTY for the unincorporated area may apply t COUNTY for a share of the Mitigation Fee f Mitigation Fee funds shall not be used f mitigation measure which is required for compl with the California Environmental Quality A( any other regulatory process. Moreover, any M Agency which is receiving a Facility Fee 1 particular facility will not be eligible to re Mitigation Fee funds for that same facility. b. Economic Risk Surcharqe. b (1) To the extent allowed by law, in order to offse increased costs to the system and account fox economic risks created by non-committed waste deposited into the system, COUNTY may impose an Ecc Risk Surcharge for the disposal of Acceptable Wastc a non-signatory source or from a Member Agency in E of the portion of Acceptable Waste committed unde Flow Control Covenant. 6 c 0 @ - APPROVED BY STEERING COMMIl 11 MAY 93 Page 7 (2) From June 1, 1993 to June 1, 1994 the surchi shall not exceed fifty percent (50%) of the Tip Fec effect at the time of the transaction, excluding Solid Waste Facility Fee and the Mitigation Fee, if The criteria used to establish the Economic Surcharge include but are not limited to: cap charges, the increased depletion rate of land capacity and timing effects. Economic Risk Surch funds shall only be used to pay for the costs of operation, management and financing of the disp system. 3.7 Protection of Flow Control Covenant. If any challenge ra issues common to the Member Agencies under this Flow Con Covenant, the COUNTY through the Solid Waste Enterprise Fund s indemnify and hold harmless the affected party from the reason costs, fees and expenses properly allocable to defending such 1 and power. 3.8 Expiration and Reversion of Flow Control Covenant. the first of any of the following to occur: a. Expiration. This Flow Control Covenant shall expii (1) No Bond Issue. As to all members, on May 31, : unless the COUNTY first relies on the Flow COI Covenant in issuing bonds to finance the San M; facility expansion and/or closure and to prc financing for other solid waste projects in approximate amount of $60 to $100 million: (2) Expiration of Term of Bond. As to all member the COUNTY timely issues the bonds described above Flow Control Covenant shall expire upon the expirati the term of such bonds or upon the refinancing of bonds, but in no event later than 20 years from the of the original bond issuance. (3) Improper Charqe. As to affected members, i COUNTY imposes on a Member Agency a fee that i: days written notice from the Interim Commission, C fails to adjust the fee so as to be in compliance this Flow Control Covenant and fails to refund or a credit for any over-charges: k consistent with this Flow Control Covenant and aft 7 @ APPROVED BY STEERING COMMITTEE 11 MAY 93 Page 8 (4) Failure To Dispose. As to affected members, if the COUNTY is unable to dispose of all of the committed Acceptable Waste from the member and after 60 days written notice from the Interim Commission County fails to dispose of such waste; or (5) Leqal Impossibility. As to affected members, if the law precludes a member from directing the flow of Acceptable Waste to the COUINTY. b. Reversion. (1) To Member. Upon expiration of the Flow Control Covenant to the COUNTY, the member's commitment of flow shall revert to the committing member; (2) To Interim Commission. In the event that a permanent governance entity is not established pursuant to Section 4.5 (c) any flow committed to the Interim Commission shall be retaiined by the Commission, as allowed by law, otherwise to the Member Agency. (3) TO Permanent Entity. If a permanent governance entity acceptable to the Interim Commission is established pursuant to Section 4.5 (c) , the member's commitment of flow shall be assigned to that permanent entity on the terms specified in the document creating the permanent entity. 3.9 Continuation of Interim Commission. Notwithstanding Section 2.2 hereof, the Interim Commission established in Part 4 shall continue to exist so long as is necessary to accomplish the purposes of Part 3. 3.10 Flow Commitment to Interim Commission. Flow commitment to the Interim Commission shall be subject to the following covenants of the Member Agencies: The commitment shall be for the same term of the initial a. commitment made to the COUNTY. b b. The COUNTY shall dispose of the commitment to the Interim Commission without surcharge until May 31, 1994, c. In the event that a permanent governance entity is established pursuant to Section 4.5(C), the flow committed to the Interim Commission shall be assigned to that entity. In the event that such an entity is not established, the Interim Commission shall retain the commitment. 8 .r e e -c APPROVED BY STEERING COMMI 11 MAY 93 Page 8 (4) Failure To Dispose, As to affected members, if COUNTY is unable to dispose of all of the commi Acceptable Waste from the member and after 60 written notice from the Interim Commission County f to dispose of such waste; or (5) Leqal Impossibility. As to affected members, i law precludes a member from directing the flo Acceptable Waste to the COUNTY. b. Reversion. (1) To Member. Upon expiration of the Flow Coi Covenant to the COUNTY, the member's commitment of shall revert to the committing member; (2) To Interim Commission. In the event tha permanent governance entity is not established pur: Commission shall be retained by the Commission allowed by law, otherwise to the Member Agency. (3) To Permanent Entity. If a permanent gover entity acceptable to the Interim Cornmissioi established pursuant to Section 4.5 (c) , the men commitment of flow shall be assigned to that perm entity on the terms specified in the document cre the permanent entity. to Section 4.5 (c) any flow committed to the In' 3.9 Continuation of Interim Commission. Notwithstanding Se 2.2 hereof, the Interim Commission established in Part 4 continue to exist so long as is necessary to accomplis2 purposes of Part 3. 3.10 Flow Commitment to Interim Commission. Flow commitment t Interim Commission shall be subject to the following covenar the Member Agencies: a. The commitment shall be for the same term of the ir commitment made to the COUNTY. b b. The COUNTY shall dispose of the commitment to the I1 Commission without surcharge until May 31, 1994. c. In the event that a permanent governance enti established pursuant to Section 4.5(C), the flow committed * Interim Commission shall be assigned to that entity. In the that such an entity is not established, the Interim Comm shall retain the commitment. 8 0 0 L APPROVED BY STEERING COMMI 11 MAY 93 Page 9 3.11 AlleCfatiOn of Breach. In the event that a Member Ag alleges that another Member Agency has breached any part of Part 3 or Section 4.6 the dispute shall be submitted to the Int Commission; the determination of the Interim Commission s constitute a rebuttable presumption of compliance with or breac such part or section. 4.0 ESTABLISHMENT OF Interim Commission 4.1 Establishment. There is hereby established the Int Commission to accomplish the purposes set forth herein. 4.2 Composition. The Interim Commission shall consist of commissioner from the County of San Diego who shall 1 Supervisor: one commissioner from each member city who shall mayor or councilperson: and one ex-officio commissioner fron City of San Diego who shall be a mayor or councilpel Commissioners shall be appointed by their respective govei bodies which may also appoint an alternate commissioner. 4.3 Procedures. The Interim Commission shall be subject tc Ralph M. Brown Act (Gov. Code §§ 54950 & sea.) and shall i regulations to govern its internal operation. A Chairperson and Vice-Chairperson shall be chosen b a. Interim Commission. b. Commission's established regular meeting date. c. commissioners with a minimum of 72 hours notice to all me of the Interim Commission. d. A majority of the commissioners shall constih quorum. e. Actions shall be determined by a majority vote o commissioners, based on one vote per Member Agency. Interim Commission may amend this document to esta procedures for a "Weighted Vote." The Commission shall meet at least once each month o Special meetings may be called at the request of L 4.4 Staff for Interim Commission. The COUNTY agrees to pr such County administrative staff as requested by the Ir Commission. The Interim Commission may request assistance frc staffs of the members. 9 w W A APPROVED BY STEERING COMMITTEE 11 MAY 93 Page 10 4.5 Role of Interim commission. a. Advice. The Interim Cornmission shall provide advice to the Board of Supervisors of the COUNTY on the following matters that concern solid waste facilities, operation, rates and financing: capital projects in excess of $50 , 000, disposal alternatives if the San Marcos site is closed, other disposal options, outside-county disposal, intra-county transfer of solid waste and Tip Fees. b. Notice and OpDortunity to Advise. Before considering a solid waste matter listed in Section 4.5(a), the COUNTY will provide to the Interim Commission a full staff report on each solid waste matter to be addressed by the COUNTY'S Board of Supervisors; in sufficient time for the Interim Commissian to consider the matter on the agenda of the Interim Commission's regular meeting. The COUNTY is not required to comply with this process when an emergency condition must be addressed and there is insufficient shall provide a staff report to an Executive Committee appointed by the Interim Commission. time for compliance. In the event of such emergency, the COUNTY c. Develop Permanent Governance Entity. The Interim Commission shall consider alternative organizational structures, including a joint powers agreement, for exerting a unified effort to accomplish regional, solid waste objectives. No later than May 31, 1994, the Interim Commission shall develop a permanent governance entity designed to maximize the members' collective strength in pursuing their interests in disposing of solid waste. The permanent governance entity: (1) Shall include all participating cities and the COUNTY; (2) Shall be empowered to contract for solid waste processing and disposal; and (3) May be empowered to (a] take over and operate the COUNTY facilities, (b) create new facilities and (c) contract with outside providers. b d. Acceptable Waste Disposal. The Interim Commission shall provide for disposal of Acceptable Waste flow committed to the Interim Commission.2 10 0 0 I. APPROVED BY STEERING COMMI 11 MAY 93 Page 10 4.5 Role of Interim Commission. a. Advice. The Interim Commission shall provide advic the Board of Supervisors of the COUNTY on the following mat that concern solid waste facilities, operation, rates financing: capital projects in excess of $50,000, disr alternatives if the San Marcos site is closed, other disr options, outside-county disposal, intra-county transfer of E waste and Tip Fees. b. Notice and Opportunity to Advise. Before consider: solid waste matter listed in Section 4.5(a), the COUNTY provide to the Interim Commission a full staff report on each I waste matter to be addressed by the COUNTY Is Board of Supervi2 in sufficient time for the Interim Commission to consider matter on the agenda of the Interim Commission's regular meel The COUNTY is not required to comply with this process whe emergency condition must be addressed and there is insuffic time for compliance. In the event of such emergency, the C( shall provide a staff report to an Executive Committee appoint the Interim Commission. c. Develop Permanent Governance Entity. The In' Commission shall consider alternative organizational struct including a joint powers agreement, for exerting a unified e to accomplish regional, solid waste objectives. No later tha 31, 1994, the Interim Commission shall develop a perm governance entity designed to maximize the members' colle strength in pursuing their interests in disposing of solid w The permanent governance entity: (1) Shall include all participating cities and COUNTY; (2) Shall be empowered to contract for solid processing and disposal; and (3) May be empowered to (a) take over and operat COUNTY facilities, (b) create new facilities ani contract with outside providers. L d. Acceptable Waste Disposal. The Interim Commission provide for disposal of Acceptable Waste flow committed t Interim Commission.2 10 0 0 APPROVED BY STEERING COMMI 11 MAY 93 Page 11 4.6 Attaininq Sub-Reqional Disposal Objectives. During the of this INTERIM AGREEMENT, the COUNTY and the other Member Agen agree: a. Process. To plan and implement the objective providing facilities to meet the waste disposal needs of various sub-regions of the County of San Diego, Wit unreasonably impacting another sub-region in an adverse mar Any dispute shall be resolved by the Interim Commissior accordance with Section 3.11. b. North County Disposal Option. The County will USE best efforts to provide a North County disposal option. c. Waiver of Geoqraphic Objection. On condition that covenants set forth in Section 4.6(a) and (b) are being perfoi not to object, on the basis of geographic origin, to the direc of Acceptable Waste to any facility. 5.0 MISCELLANEOUS PROVISIONS 5.1 Withdrawal. a. Procedure. If any Member Agency requests to wit from this INTERIM AGREEMENT, the In'terim Commission shall calc the impact on the system of such agency's withdrawal takc conjunction with all other members desiring to withdraw, and thereafter formulate, in negotiation with all such agencies, of final terms and conditions for early withdrawal which become effective upon approval of the Interim Commission. b. Limitation On Withdrawal Charqes/Penalties. There be no charge or penalty imposed on the withdrawing Member Ager the reason for withdrawal is the expiration of the Flow Cc Covenant as to the withdrawing member. c. Survival. Notwithstanding Section 2.2 hereof, section 5.1 shall survive as long as the Interim Commi survives. a 5.2 Notices. All notices, demands or requests pursuant tc 6 INTERIM AGREEMENT shall be in writing. All notices, demanc requests to be sent to any member shall be deemed to havc properly given or served: a. On the date of actual personal service; or 11 0 0 APPROVED BY STEERING COMMITTEE 11 MAY 93 Page 12 b. On the date actually received, if deposited in the United States mail, addressed to such party at the address of the Member Agency's regular meeting chambers, or other address designated by the Member, postage prepaid, registered or certified, and with return receipt requested. 5.3 Non-Severability. In the event that a substantive provision of this INTERIM AGREEMENT shall be determined to be invalid, negotiate in good faith such amendments, modifications, or supplements to this INTERIM AGREEMENT or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. If negotiations in good faith fail, the INTERIM AGREEMENT, including the Flow Control Covenant, is terminated. 5.4 Waiver of Breach. No breach of any provision herein can be waived unless in writing. Waiver of any one breach of any provision herein shall not be deemed to be a waiver of any other breach of the same or other provision hereof. 5.5 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 illegal, or unenforceable in any respect, the parties hereto shall Remedies. herein. 5.6 No Third Party Ricrhts. There are no third party beneficiaries of this Agreement. No action may be commenced to enforce this Agreement, except by a Member Agency. 5.7 Counterparts. This document shall be executed in counterparts. b 12 I 0 r APPROVED BY STEERING COMMI': 11 MAY 93 Page 12 b, On the date actually received, if deposited in the Un States mail, addressed to such party at the address of the Me Agency's regular meeting chambers, or other address designate the Member, postage prepaid, registered or certified, and return receipt requested. 5.3 Non-Severability. In the event that a substantive provi of this INTERIM AGREEMENT shall be determined to be inva illegal, or unenforceable in any respect, the parties hereto s negotiate in good faith such amendments, modifications, supplements to this INTERIM AGREEMENT or such other appropr action as shall, to the maximum extent practicable in light of determination, implement and give effect to the intentions of parties as reflected herein. If negotiations in good faith f the INTERIM AGREEMENT, including the Flow Control Covenant terminated. 5.4 Waiver of Breach. No breach of any provision herein ca provision herein shall not be deemed to be a waiver of any c breach of the same or other provision hereof. 5.5 All Parties hereto shall have the right to corm any action at law or equity, including specific performance remedy a breach of the terms herein, provided that neither 1 shall have the right to terminate this Agreement except as pro' herein. 5.6 No Third Party Ricrhts. There are no third beneficiaries of this Agreement. No action may be commenct enforce this Agreement, except by a Member Agency. 5.7 Counterparts. This document shall be executed counterparts. waived unless in writing. Waiver of any one breach of Remedies. b 12 e e * Breach of agreement determined by Commission. Rebuttable presuml: (3.1 1) Interim Commission 0 One vote per member (Commission create weighted vote) (4.1 e) Advisory Role only (4.5a) @ Capital projects in excess of $50, Disposal alternatives if San Ma closes. Other disposal options Outside County disposal Tip fees Intra-County transfer of solid was 0 County must provide notice opportunity to advise. (4.5b) 0 Commission to develop perma governance entity by May 31 y 1994. (4 4 L Sub-regional disposal objectives (4.6) County’s best effort for N County disposal option (4.6b) Waiver of geographic objectic transfer of trash (4.6~) u Miscellaneous 0 Member may withdraw with majority of commission on terms establishec commission (5.1 a) 5 L.0 e 0 L IIINTERIM AGREEMENT1@ HIGHLIGHTS: WHAT DOES THE CITY GET? COUNTY PROMISES: SECTION 3.5 1) TO DISPOSE OF ALL FLOW INITIALLY COMMITTED TC COUNTY (50-100%) FOR TERM OF BONDING WI1 SURCHARGE 3,10(b) 2) TO DISPOSE OF ADDITIONAL FLOW COMMITTEC COMMISSION BY 12/1/93 (RATHER THAN COUNTY) I 5/31/94 WITHOUT SURCHARGE - THIS IS KNOWN AS I'WINDOW OF OPPORTUNITY" 3.5 3) DISPOSAL WILL BE ECONOMICAL AND FISCALLY SOUNC 3.5 4) DISPOSAL WILL BE ENVIRONMENTALLY SOUND 3.6 5) DISPOSAL WILL BE AT A COST THAT DOES NOT Eli COST OF DISPOSAL TIP FEE AND SOLID WASTE ENT'ERPRISE FUND TO BE ONLY FOR SOLID WASTE PURPOSES 3.6 6) 4.6(a) 7) TO PLAN AND IMPLEMENT THE OBJECTIVES OF PROVI FOR FACILITIES FOR EACH SUBREGION 4.5(c) 8) TO PARTICIPATE IN DEVELOPING A PERMANENT GOVERB ENTITY 1.1 9) TO COMMIT 100% OF THE UNINCORPORATED WASTESTREAM TO THE SYSTEM 4.5 (a) 10) TO RECEIVE ADVICE FROM THE INTERIM COMMISSION k THE CITIES SERVE ON WHAT DOES THE COUNTY GET? CITY PROMISES: 3.2 1) BY JUNE 1, 1993 TO COMMIT FROM 50% UP TO 100 THE LIFE OF THE BONDS OR 20 YEARS, WHICHEVE1 SOONER 6 ITS WASTESTREAM (AFTER RECYCLING) TO THE SYSTEM 3.10 2) BY DECEMBER 1, 1993 TO COMMIT THE OTHER 50% REMAINDER OF WASTESTREAM TO THE COMMISSIOT\ AGREES TO PAY A SURCHARGE TO CONTINUE TO USE SYSTEM FOR THE UNCOMMITTED FLOW 0 0 d If INTERIM AGREEMENT If HIGHLIGHTS PAGE 2 3.4 3) TO ENFORCE THE FLOW CONTROL COVENANT TO THE COUNTY AND THE COMMISSION TO THE EXTENT ALLOWABLE BY LAW 4.0 & 4) TO PARTICIPATE IN AN "INTERIM COMMISSION" CREATED TO: 4.5 (a) DEVELOP A PERMANENT GOVERNANCE ENTITY BY MAY 31, 1994 (b) PROVIDES ADVICE TO THE COUNTY ON: CAPITAL PROJECTS IN EXCESS OF $50,000 DISPOSAL ALTERNATIVES IF THE SAN MARCOS OTHER DISPOSAL OPTIONS OUTSIDE-COUNTY DISPOSAL TIP FEES SITE IS CLOSED INTRA-COUNTY TRANSFER OF SOLID WASTE 1.3 (c) PROVIDE PARTICIPATION BY EVERY CITY, INCLUDING THE MEMBER DUE TO THEIR UNIQUE ROLE AS A SOLID WASTE SYSTEM MANAGER IN THE REGION CITY OF SAN DIEGO AS AN EX-OFFICIO NON-VOTING 6 -8 f=Q) u3LnLnLnm Fzs L10 # cvcucucuc\I a>3 e H, v) Q) Q) LL -2 99.5 (v .:am c9 abm WZLnCDCD g;s3 ee .- cn I- 1- c as - sn am Cr 4 *IC3 *c 03 L cn -a > 3 9- h 2 a a % - T T W.-, v 0s oc) uti * 0 c\1 >? - e b 0 L 10 > LL _c 9 to 3 2 - a rn 0 5 qeeee ii TPrnCDboc) c3-3-u3CDb mm0)ma aaooo -7-v- E 1 U + I: a Dl E S 0 J a cc a c 0 c C 0 S c t 2 I ( z h I n i ? I L .- - - .- .II * .I 0 0 -- + tn a 0 a, 0 0 a Iz .+., I cb X a)* 3 za cn cn .* - ma,a m.sc- Q,u- - >.I .- c2.c-3 13 Or7 E c .= ccoo .I .- 0 o== -a)oo a== -> ea) LEO 0 CI w q ( 0 -3m” ogee $MSI zza* .- A I v) 0 Q w an .I- Er LV) a0 )rV) A ES L zgg 'Elso 003- S LL .I E5 P) OZr 0 v) 'E moj= mz x 0 %=S cp a- v) -&a 0- u)* - c *s 3mz a -a 'J Qlas pe.r,a €5 S.;;n 3z 023 25 P =e U aL.E3 cE,g v) - *= 0 -0 E 3 cn (3 co Ln 0 a3 9 cv k 9 CD 0 d z cn tF) co * m m T (3 ln d 0 cv 0 b co cn m ? oc! a! r; r- e 0 tft CD #3 T c3 cv CD cb a3 ff) 0 a LLn cum Q)m ).- (0 om .2e 0 ci T e 0 6 cd 0 In e I (3 CD 04 m Q, @ 0 t9 s! Ls Ln u3 0 - * m 7 cu ln ln r'. 0 -3- m m Q, F 9 k cj Lo e 0 F d fft e3 T CI < r- c 0 2 cu s cd cj z 2 0 3 (v 0 @ L * L L! a 0 r d) L cn 3 0 a I L cn a c a. 0 z c. v) 0 a cn 3 0 > 0 L 5 ; $ g ? n, Q I - s5 0 0) c 8 s % .- z I Q 5 g s 2 - L z n c ? E 0 r 3 0 X L a % 22 L L a> c. v) cn 3 0 Q L + a L. a e Q) 2 If! - > a 2 tn S u c a > a v) e (0 13 E c Q a r, c a cn CL t n a S L X 0 .- - U .- c a cn )r - s 0) U 3 DOWN SIDE UP SIDE 1. Advisory role only 1. Increased regional cooperation. A. Board of Supervisors has final authority 2. More involvement ever B. No assurance of long an advisory role. term agreement C. Subject to majority 3. Assures capacity in a vote of cities solid waste disposal system. 2. Twenty year commitment. 3. May preclude some lower 4. Costs more predictabl cost option available in the this time. Costs of future. alternative disposal unknown at this time. 4. No guarantee of uniform fee. Sub-regional differences unresolved. 5. System reliability betl understood than futui alter natives. I .I e ur(Ai-1 urrutrc STATE WATER RESOURCES CONTROL BOARD * 0 (SWRCB) Workshop On Thursday, June 3, 1993 in Sacramento No formal action will be taken Final decision expected on June 24, 1993 0 0 m Draft Order of SWRCB 0 Design submitted by the County is inadeqi 0 Liner will fail 0 Fractured bedrock e Differential settlement of e landfill Additional Conditions 0 Double liner e Gas venting system e Contouring foundation material 0 Modeling and Instrumentation $100 MILLION ADDITIONAL COST D~STRI@~TEJ ei- 5/iS/q3 ME,Z?-~JG FOR zr%cll *Y. t COUNd SUB-COMMllTEE ON SO6 WASTE CONCERNS ABOUT INTERIM AGREEMENT ORGANIZATIONAL City role is only advisory. No guarantc No guarantee of uniform regional fee. broader role in the future regional differences unresolved rn FINANCIAL Capital Improvement and funding plan for C system is incomplete making ultimate cc system uncertain Unreasonable to finance San Marcos exp; over 20 years when it only has a permitted 7 years Cost competitiveness of County system unl at this time. STRATEGY 0 Premature to commit because of uncc about San Marcos expansion. Market place for disposal is changin evolving , arguing against long-term com mi at this time. Too many uncertainties. Additional inform needed before long term commitments arc Impact of Grand Jury Report. ~NDITIONS FOR APPROVP, t . 1 A LTE R NATIVES Support establishment of independent JPA OR m Short Term Agreement Defined decision making role for citie provides for full participation in & rnakinq Completion of Capital Improvemer Fundina Plan. Guaranteed uniform tippina fee e APPROVED BY STEERING COMM 11 MAY 93 Page 13 IN WITNESS WHEREOF, the parties have signed this IN AGREEMENT as of the dates set forth. COUNTY OF SAN DIEGO CITY OF LA MESA committing 100% of its committing __ % of its Acceptable Waste flow Acceptable Waste flow. Date: Date : By : By : ATTEST : ATTEST : SUPERVISOR MAYOR CLERK CITY CLERK CITY OF CARLSBAD CITY OF LEMON GROVE committing % of its committing % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: By : By : ATTEST : ATTEST : MAYOR MAYOR CITY CLERK CITY CLERK CITY OF CHULA VISTA CITY OF NATIONAL CITY committing - % of its committing - % of its Date : Date : Acceptable Waste flow. Acceptable Waste flow. By : By: ATTEST : ATTEST : 6 MAYOR MAYOR CITY CLERK CITY CLERK 13 m w APPROVED BY STEERING COMMITTEE 11 MAY 93 Page 14 CITY OF CORONADO CITY OF OCEANSIDE committing - % of its committing % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date I By : By : ATTEST: ATTEST : MAYOR MAYOR CITY CLERK CITY CLERK CITY OF DEL MAR CITY OF POWAY committing % of its committing % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date : By : By : ATTEST : ATTEST: MAYOR MAYOR CITY CLERK CITY CLERK CITY OF EL CAJON CITY OF SAN MARCOS committing % of its committing - % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date : By : By : MAYOR MAYOR ’ ATTEST: ATTEST : CITY CLERK CITY CLERK 14 e APPROVED BY STEERING COMM 11 MAY 93 Page 14 CITY OF CORONADO CITY OF OCEANSIDE committing - % of its Acceptable Waste flow. Date : Date : committing - % of its Acceptable Waste flow. By: By: ATTEST: ATTEST : MAYOR MAY OR CITY CLERK CITY CLERK CITY OF DEL MAR CITY OF POWAY committing - % of its Acceptable Waste flow. Date: Date : committing - % of its Acceptable Waste flow. By : By : ATTEST: ATTEST : MAYOR MAYOR CITY CLERK CITY CLERK CITY OF EL CAJON CITY OF SAN MARCOS committing - % of its Acceptable Waste flow. Date : Date : committing - % of its Acceptable Waste flow. By : By : MAYOR MAYOR ' ATTEST: ATTEST: CITY CLERK CITY CLERK 14 c 0 0 b APPROVED BY STEERING COMMl 11 MAY 93 Page 15 CITY OF ENCINITAS CITY OF SANTEE committing - % of its committing __ % of its Acceptable Waste flow. Acceptable Waste flow. Date : Date: By : By! MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF ESCONDIDO CITY OF SOLANA BEACH % of its committing - % of its committing - Acceptable Waste flow. Acceptable Waste flow. Date: Date: By : By : MAYOR MAY OR ATTEST : ATTEST : CITY CLERK CITY CLERK CITY OF IMPERIAL BEACH CITY OF VISTA % of its committing - % of its committing - Acceptable Waste flow. Acceptable Waste flow. Date : Date : ' By: By : b MAYOR MAYOR ATTEST : ATTEST: CITY CLERK CITY CLERK 15 a 0 'I ATTACHMENT "A" CITY WASTESTREAM COMMITMENT* Member Asency Waste Tons Chula Vista 82,399 Oceanside 80,450 Escondido 65,566 El Cajon 52 I 430 Vista 44 , 028 Carlsbad 38,149 National City 34 , 065 Encinitas 32 , 844 Santee 31,289 Poway 26,371 San Marcos 24,854 Imperial Beach 15 I 767 Coronado 15 , 503 Lemon Grove 14 I 327 Solana Beach 7 , 663 Del Mar 2,875 600 I 000 La Mesa 31,399 * Calculation utilizes July 1992 population figures as approved by SANDAG 6L -1 (*: I 1 ( Y1>.. - OF CARLSBAD Policy No. 46 COUNCIL POLICY STATE~/~ENT Date Issued Mar Canceilation DZ Supersedes No. - Effective Date General Subject: SOLID WASTE MANAGEMENT Specific Subject: Copies to: city Council, city hianager, city Attorney, Department an1 Emp!oyee Bulletin Boards, Press, File BACKGROUND: The California Integrated Waste Management Act of 1989 adc AB 939 (the I'Act"), requires Carlsbad and the other cities Diego County to assume major new responsibilities for soli( Under the "Act", cities and the County are required to devt approve their own llsolid waste plans1I, known as Source RE and Recycling Elements. All cities and the County are reqi cooperate in finding mutually acceptable, environmentally financially feasible programs and facilities to meet tl waste disposal needs of the region. Landfill capacity in San Diego County has been depleted. 1 has supported expansion of the San Marcos landfill and ai consider accepting a transfer station. The City a supported the County's efforts to site new landfills committed to citywide recycling. However, Carlsbad, Est Oceanside and Encinitas have opposed incineration of sol on environmental, land use compatibility and economic ' The City is responsible for managing solid waste within 1 and for participation in mutually acceptable regional so The City Council has therefore, determined to state its PO solid waste management. PURPOSE: This Policy is intended to implement the I'Act*' and guidance for the City's involvement in regional sol. management issues. The Policy will provide guidance to developing the City's source reduction, recycling ele direction for the programs of source reduction, recyc recovery necessary to meet the 25 percent and 50 percent d requirements of the Act. Achievement of these diversi requires important changes in the ways that residents, bus institutions, haulers and the City itself create, handle, and dispose of solid waste. The City will actively prom( changes with cost effective and environmentally safe prc _- i f i OF CARLSBAD Poky No. 46 (P: Effective DateJ Cancellation Datt Supersedes No. - COUNCIL POLICY STATEMENT Rate Issued -~ay General Subject: SOLID WASTE MANAGEMENT Specific Subject: Copies to: city Council, city Manager, City Attorney, Department ant Employee Bulletin Boards, Press, File This Policy also expresses the Cityls preference for a solid waste management system, controlled by responsibl agencies. POLICY: 1. Inteqrated Waste Manaqement: A. Source reduction, recycling, reuse and composting most appropriate strategies to accomplish reductio1 amount of solid waste to be disposed of in environ safe sanitary landfills. This hierarchy of strategi accordance with the requirements of the ttActll. B. A publicly controlled solid waste management - which protects the environment and the rate pa meet the needs of the City, private sector alternati be considered. C. A regional joint powers agency (JPA) should be f cooperatively implement the Integrated Waste Managen created under the lCAct'l. The JPA should have the conduct source reduction activities and site, develop, permit and operate solid waste facilities for in the Integrated Waste Management Plan for SI County. All agencies are invited to join the JPA, it is believed that- a JPA can be effective with less percent membership. D. Ownership and control of the waste stream retained so that Carlsbad's waste can be directed tc most cost effective and environmentally safe sol management strategies. All contracts for refuse co in the City will provide that the City retains owne refuse set out for collection. preferred. However, if a publicly controlled syste - CI F CARLSBAD Policy No. 46 (P Date Issued Marc1 Effective Date2 SOLID WASTE MANAGEMENT Cancellation Date Supersedes No. - COUNCIL POLICY STATEMENT f General Subject: Specific Subject: Copies to: city Council, city knager, City Attorney, Department and Empioyee Bulletin Boards, Press, File 2. Environmental Protection and Resource Conservation: Disposal of refuse in properly constructed landf: acceptable, while incineration of refuse is unacce Adequate landfill sites are available. The facto cause other agencies to accept incineration of (landfill unavailability and ground water pollutic landfill leachate), do not exist in this region. Ma incineration does not appear to be a cost effective s compared to comprehensive materials recovery facilit landfills. 3. Maximum Source Reduction and Materials Recovery: - Waste reduction programs and materials reuse, recycl cornposting programs must be used to the fullest feasible. A region-wide source reduction program SF promptly implemented. 4. Recvclinq: A. City wide collection of recyclables from re5 businesses will be provided. B. Private and public sector markets for recycled mz will be actively promoted. The City will purchase rec materials and goods made from recycled materials F possible.. C. Private and public sector waste reduction and rc efforts will be actively promoted. Carlsbad will priority consideration to existing private sector, vc and non-profit programs and operations in the develo] municipal waste reduction and recycling activities. i H:\LIBRARY\UM\UPDATA\MIS\MIS91070.ADl / I I dlY OF CARLSBAD Policy No.46 (PZ Date Issued 6/4/ Effective Date- General Subject: SOLID WASTE MANAGEMENT Cancellation Date Supersedes No. 2 Specific Subject: COUNCIL POLICY STATEMENT Copies to:' City Council, City Manager, City Attorney, Department and Employee Bulletin Boards, Press, File 5. Financins of Solid Waste Manaqement Prosrams and A. Waste Program. Waste disposal, in particular, SI subsidized- Facilities and services should effective as possible. Major disposal facilitic constructed by governmental agencies only after honest public bidding request for proposal or process. In evaluating solid waste management a. priority will be given to a regional system u control which protects the ratepayer. B. Acquisition, construction and operation of facilities requires an assured, stable source of is recognized that the City must pledge revenuc stable capital and operating funds for the management 'facilities used by the City. Carlsbad the so called "two-tier fee1@ for the disposal of c. Fees to mitigate impacts of solid waste facil be imposed through the CEQA process. Carlsbad 01 Such fees establish an expectation that land use f for sale. Solid waste facilities should be s public interest requires; based on environmental good, objective land use, zoning and planning COI Possible adverse environmental effects from a should be identified during the environmental fully mitigated, as required by CEQA. Mitigatj might require the payment of fees to mitigate ongo Such fees must meet the AB 1600 nexus. Carlsbad has accepted its share of regional facilities environmental process and fully expects others to do the sa waste facilities. Fees, grants and service fees should find the fees" as a means to generate revenues for gener: . - EXHI 0 0 SOLID WASTE INTERIM AGREEMENT ISSUE POINTS Agreement is between each city and each with County Each city must commit at least 50% of its to County by June 1, 1993 (1.2) Remaining 50% can be: 0 Committed to County (No surchar! committed by December 1, 1993) (1.2 Committed to Interim Commission surcharge until May 31, 1994) (II.2b 3.1 Ob) Retained by city and subject to surd on December 1, 1993. (1.2) San Diego is ex officio member (1.3) Effective date of agreement is June 1,199 expires on May 31, 1994. (2.1 and 2.2) Q 0 0 = All cities must sign or there is no agreei (2.1 1 Flow Control Covenant is heart of agreei (3.1) 50% commitment defined in tons (Su to review and adjustment by commis! City can keep recyclables which excluded from commitment (3.3b) City represents it has the right, power authority to control flow (3.4a) County obligated to dispose of waste way that is "economical, fiscally sc and reasonably protects the environi (3.5) Fee for service cannot exceed costs Tip fee will be charged in unincorpoi area (3.6a) Flow control covenant will expire if: (34 0 0 No Bond Issue (3.8a (1)) When bonds paid off (3.8a (2 2 c 0 0 . Overcharge on fee (3.8a(3)) Failure to dispose (3.8a(4)) Legal Impossibility (3.8a(5)) Reversion of flow To Member when flow COI covenant expires (3.8b (1)) Commission shall retain any committed to Commission permanent entity is not establi! (3J3b(2)) Member’s flow assigned to perma entity if established Continuation of Commission as as necessary to carry out flow co covenant (3.9) Flow Commitment to Interim Cornmi5 Committed for 20 years (3.1Oa) County must dispose wii surcharge until May 31 3 1994 (3. Assigned to permanent entity or retained by commission (3.1 Oc) 3