HomeMy WebLinkAbout1993-05-18; City Council; 12236; APPROVAL OF INTERIM SOLID WASTE AGREEMENTk
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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
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AGENDA BILL NO. 12, a3 b
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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.
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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.
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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.
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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
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WHEREAS, elected representatives of the County of San Diego and various citi
County have negotiated an intergovernmental agreement regarding solid waste;
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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
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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
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of the City.
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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:
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AYES:
NOES:
ABSTAIN: /
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T
CLAUDE A. LEWIS, Mayor \
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ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk \ , / /
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(Seal)
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PAHlJ31l H v 0 RESOLUTIO
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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.
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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. .
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APPROVED BY STEERING COMMI'
11 MAY 93
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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.
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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
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APPROVED BY STEERING COMMITTEE
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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.
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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.
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APPROVED BY STEERING COMM
11 MAY 93
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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)
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APPROVED BY STEERING COMMITTEE
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(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.
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APPROVED BY STEERING COMMI
11 MAY 93
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(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.
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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
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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
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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
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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
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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