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HomeMy WebLinkAbout1993-06-22; City Council; 12289; APPROVAL OF AN AMENDED INTERIM SOLID WASTE AGREEMENTT LL ba w fz 2 8 4 z 0 - 6 a d 0 z 3 0 0 Cw OF CARLSBAD - AGEWA BILL 5 l AB # 12 289 TITLE: MTG, 6/22/93 APPROVAL OF AN AMENDED INTERIM DEPT. CM SOLID WASTE AGREEMENT RECOMMENDED ACTION: Adopt Resolution No. 93-186 approving an amended, modified agreement by, bc and among the County of San Diego and various cities of the County establish Interim Solid Waste Commission and providing for the disposal of solid waste. ITEM EXPLANATION The Carlsbad City Council at its May 18, 1993 meeting, considered, but did not ai the first version of the Interim Solid Waste Agreement. A number of other citic declined to approve the Agreement or took no action. Section 2.1 of the Agrc provided the County, and each city in the County, would have to execute the doc for it to be effective. Since the agreement failed to be receive unanimous approva not become effective. As a result, the Board of Supervisors amended the Agreerr deleting the requirement for unanimous City approval. On June 1,1993, the County Board of Supervisors approved the amended Agreemc directed that it be distributed to all seventeen city councils with a request th; consider and act on it by June 22, 1993. Section 2.1 has been revised in the arr Agreement to provide the Agreement shall take affect on June 22, 1993, by, betwe among the County and any of the cities that choose to execute the Agreemenl before that date. The balance of the Agreement remains essentially unchanged fr original version. In a letter dated May 26, 1993, to the Chair of the County Board of Supervisors, Lewis explained the reasons behind the City of Carlsbad’s decision not to sign the ( Interim Agreement. The letter indicated it was the City of Carlsbad’s desire to immt establish an independent Joint Powers Authority (JPA), and if that were not poss develop a short-term agreement prior to the establishment of the JPA. In order to continue the dialogue with other agencies, and in recognition of the pi that has been made to date, Mayor Lewis and Councilmember Nygaard, serving Council’s sub-committee on solid waste issues, is recommending the City Council a the amended Interim Agreement with certain conditions. It is recommended the Agrl be approved on the following conditions: 0 The City of Carlsbad would commit 100% of its trash flow to the Commission for a three year period. 0 A pay-as-you-go tipping fee would be set by the Board of Supervis 0 A uniform tipping fee would apply to all signers of the Agreement. 7 Page 2 O~AB 12 *5f P 0 The Interim Commission would continue to consider the following is' e North County disposal options e Permanent governance Capital improvement and funding plans If the City Council concurs in this recommendation, it is recommended you ado attached Resolution, The Resolution approves the Agreement as modified I conditions outlined in the first Addendum to the Agreement. FISCAL IMPACT The Board of Supervisors at its May 18, 1993 meeting, adopted a revised solid tipping fee of $43 per ton for the next fiscal year, assuming all cities would sign the ( Interim Agreement. It is unclear as to the amount of the tipping fee if all cities do n the Agreement; however, if the Board of Supervisors approves a pay-as-you-go tippi it is expected the tipping fee will be at least $65 per ton. The impact of increases in the tipping fee have been analyzed by Ernst & Young, tt- firm that has been working with a steering committee of city and County represen The attached exhibit (6) illustrates the impact of various fee levels on a single household. A tipping fee of $43 per ton would result in an estimated increase of $2 month. If the tipping fee were to increase to $65 per ton, the increase wc approximately $4.50 per month. The impact of the tipping increase on Carlsbad re will be determined when the Council considers a proposed trash rate increase in EXHIBITS 1. Letter from Mayor Lewis to Chair of County Board of Supervisors dated 1993. 2. Resolution No. 9 3- / 8 6 approving an amended Interim Solid Management Agreement as modified by the first addendum to the Agreer 3. Projected tipping fees. - - May 26, 1993 Mr. Brian Bilbray, Chair County Board of Supervisors County Administration Center 1600 Pacific Highway San Diego, CA 92101 Dear Supervisor Bilbray: The purpose of this letter is to explain the reasons behind the City of Carlsbad’s decisil Sign the Interim Agreement for Solid Waste Management. This was a very difficult de the Carlsbad City Council. For the past few years, Carlsbad has been intensively inVt concerned about the solid waste management issue in this County. For a long while, was viewed only as a North County one. Through extensive efforts of North County issue is now being addressed on a regional basis. Considerable progress has beer developing a common level of understanding and developing some consensus on tt The decision not to approve the Agreement in its present form was particularly diffici of all the efforts that have been made by the representatives of cities throughout the Cc deliberations on this issue have forged better relationships amongst all agencies, confident we can continue working to create an organization that will adequately meet t The significant concerns about the Agreement involve three broad areas: organizatior financial concerns; and concerns about strategy. With regard to organizational issues is very concerned that cities will only have an advisory role, and there is no guar. broader decision-making role in the future. This situation could continue for as long years. There is also a concern that a number of sub-regional differences have not beer which could lead to different fees in different areas of the County and no guarantee o regionwide fee. Financial issues involve concerns about the incompleteness of the Capital lmprov Funding Plan for the County system, making it difficult to determine what the ultimz the system will be. Carlsbad also feels it is unreasonable to finance the San Marcos (if it actually does expand), over a period of twenty years, when it only has a pern seven years. In addition, the Council is concerned about the cost-competitiveness of system, as compared to other emerging disposal alternatives. This is unknown at 1 1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 0 (61 9) 434-2830 FAX (61 0 0 Mr. Brian Bilbray, Chair Page 2 May 26, 1993 With regard to the strategy for any city to pursue, it is premature to commit becs uncertainty aboutthe San Marcos Landfill. In addition, the market place appears to be e and changing rapidly and this would argue against making long-term commitments at thi There are too many uncertainties, and additional information is needed before loi commitments are made. In light of the above mentioned concerns, the Carlsbad City Council is unable to appi Agreement at this time. Recognizing that further deliberations will be necessary, and in I to offer a positive alternative, the City of Carlsbad would urge immediate establishme independent Joint Powers Agreement (JPA), to manage solid waste in this Count recognized that this may take considerable time and a short-term agreement might be ne1 If a short-term agreement is necessary prior to the establishment of the JPA, Carlsba consider signing such an agreement if it provided: a defined decision-making role for CI provides for full participation in decision-making; completion of the Capital Improver Funding Plan; and, a uniform tipping fee. A short-term agreement that included these provisions might be something that would t for City Councils to approve. Sincerely, &A CLAUDE A. "BUD" LEWIS Mayor c: County Board of Supervisors Members SANDAG Representatives Carlsbad City Council Members Carlsbad City Manager1 Carlsbad City Attorney Carlsbad Utilities & Maintenance Director e 0 - MDUMlt?_ rsf ($6ZfM piego DAVID E. JANSSEN CHIEF ADMINISTRATIVE OFFICER (619) 531-5250 CHIEF ADMINISTRATIVE OFFICE 1600 PACIFIC HIGHWAY, SAN DIEGO, CALIFORNIA 92101 -2472 FAX: (619) 5574060 June 3, 1993 Mayor C1 aude "Bud" Lewis City of Carl sbad 1200 Carl sbad Vi 11 age Drive Carlsbad, CA 92008 Dear Mayor Lewis: Enclosed is an amended Solid Waste Interim Participation Agreement. The amei Agreement deletes the language requiring fl cities to sign. All changes to t are highlighted. This amended Agreement was approved by the Board of Supervisors on June 1, direction that staff hand deliver it to all 17 city councils with a reques The Board of Supervisors also requested that the cities be reminded that the c 600,000 tons of solid waste is required for the issuance of the $60 million in without the commitment of this volume, the agreement will not achieve its purp to stabilizing tip fee levels through the use of bond financing. More imp0 commitment of flow is imperative for continued operation of the region's solid and planning for its future in terms of capacity, disposal options and techno used. If your city does not elect to sign the Agreement, the County will deem that you to develop or will develop your own waste disposal facilities and arrangements County System. The Commission, formed pursuant to the Agreement, and the Cour 1 ong-term pl ans and capital expenditures consistent with your decision. Given that at this time we do not know the number of signature cities, nor the 1 committed, we cannot gauge our expected wastestream. We respectfully submit tt information is avai 1 ab1 e to the Commission, members wi 11 choose an appropri a action regarding such matters as governance, financing mechanisms and fee stri If you have any questions regarding the Agreement, please do not hesitate to c Chief Administrative Officer Lari Sheehan at 531-5274. Sincerely , > consider and act on it by June 22, 1993. f*#L&// DAVID . JANSSEN Chief Administrative Officer cc: City Manager Pnnled on recycled paper - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 c RESOLUTION NO. 93-186 A RESOLUTION OF THE CITY COUNCIL OF THE CIIY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDED AGREEMENT BY, SAN DlEGO AND VARIOUS CITIES OF THE COUNTY ESTABLISHING AN INTERIM SOLID WASTE COMMISSION AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE BETWEEN AND AMONG THE COUNTY OF WHEREAS, elected representatives of the County of San Diego, and various the County had negotiated an inter-governmental agreement regarding solid wa: WHEREAS, the original agreement would only become effective if approvc cities and the County Board of Supervisors; and, WHEREAS, the original Interim Agreement was not approved by all cities; , WHEREAS, the County Board of Supervisors subsequently amended thi Agreement providing it would become effective when signed by any city de participate in the Interim Agreement; and, WHEREAS, the City Council of the City of Carlsbad, California has detern be in the public interest to approve such an Agreement with certain modificati NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California as follows: 1. 2. That the above recitations are true and correct. That the amended Interim Agreement attached hereto as Atta and the First Addendum attached hereto as Attached B i approved. 111 111 /// /// c 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 '87 18 19 20 21 22 23 24 25 26 27 28 * b 3. That the Mayor is hereby authorized and directed to sign the A5 and Addendum on behalf of the City. PASSED, APPROVED AND ADOPTED by the City Council at a regular m the Carlsbad City Council held on the 22nd day Of JUNE , 199 following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin NOES: None ABSENT: None ATTEST: ALETHA L. RAUT (SEAL) .-- - i .TL 11. 0 m ?D RESOL, APPROVED BY STEERING COMMITTEE,. 11 May Amended for Signature by Any or All c: Page 1 AGREEMENT BY, BETWEEN AND AMONG THE COUNTY OF SAN DIEGO AND THE CITIES OF THE COUNTY ESTABLISHING AN INTERIM SOLID WASTE COMMISSION AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE ("INTERIM AGREEMENT") This Agreement (''INTERIM AGREEMENT") , is entered intc between and among the County of San Dieqo (ugCOUNTY1l) and Cities within the COUNTY, for the purpose of providing a co flow of solid waste that serves as a basis for the COUNTY to bonds to finance the expansion and/or closure of the San I! Landfill and to p can mutually participate in dealing with regional solid matters; and to develop a permanent governance authority tc with regional solid waste matters that will promote the lonc health and safety of the residents of the COUNTY and the Ci. Now, therefore, the undersigned COUNTY and Cities (collect "Member Agencies") agree to participate in good faith j performance of this INTERIM AGREEMENT, and to act in a manne conforms to the spirit, intent and general premises of this I AGREEMENT, and in accordance with the following: 1.0 MEMBERSHIP 1.1 COUNTY Membership. To be a signatory of this I AGREEMENT and participate as a full member of the I Commission, the COUNTY is committing 100% of its Acceptable . flow in accordance with the provisions of Part 3 of this doc 1.2 To be a signatory of this INTERIM AGI and participate as a full member of the Interim Commissioi city is comBPi$ting at least SO%, and may commit up to loo%, Acceptable Waste flow in accordance with the provisions of of this document. a. A member city committing at least 50% of its Acc Waste flow at the time of signing this document may, until D 1, 1993, deliver more than its committed Acceptable Wast COUNTY facility and such additional waste shall not be sulc the Economic Risk Surcharge set forth in this document at section 3.6, subsection d. City Xemb ership. 1 0 0 APPROVED BY STEERING COMMITTEE, 11 M Amended for Signature by Any or Ah1 Page 2 b. On or before , a member city may written addendum, in a to the Interim Corn committing Acceptable Waste in addition to that comil Section 1.2 (a) to the Interim Commission; on the terms se in Section 3.10. 1.3 City of San Dieuo Membership. Based on the City Diego's unique role in regional waste management issues, t of San Diego may participate as an ex-officio non-voting me the Interim Commission. The COUNTY will negotiate a I agreement with the City of San Diego which reflects the tit! Diego's unique role in regional waste management issues agreement will be brought before the Commission for rev comment prior to adoption. 2.0 EFFECTIVE DATE, TERM 2.2 Term. Except as otherwise provided in Part 3 of this AGREEMENT concerning the commitment and disposal of Act Waste, the term of the INTERIM AGREEMENT shall expire on 1994, unless sooner terminated by creation of a pi 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 the I'Flow Control Covenant. I' 3.2 comm-t of Accentable Waste. To the extent allowec each Member Agency agrees that the portion of its Acceptak designated fn the execution section of this document ! delivered to the facility that the COUNTY reasonably des For purposes of this agreement, a 50% commitment constit tonnage commitment for the respective Cities as set : Exhibit I1AI8, until adjusted by the Interim Commission. The Commission may review the tonnage commitment and re7 apportionment. 2 a 0 APPROVED BY STEERING COMMITTEE, 11 M Amended for Signature by Any or ~ll Page 3 3.3 Acceptable Waste Defined. a. "Acceptable Waste" is garbage, refuse, waste an matter which is legally acceptable at a Class I11 landfill F to California Code of Regulations Title 23, Subchapter 15 c such laws or regulations as are in effect at the time of d which is generated within its respective jurisdiction whi the COUNTY, consists of the unincorporated area. Except generated by a State or Federal governmental entity unl Member Agency has exercised control over such waste and chc commit it; or waste generated by any person and transpc disposed of by or on behalf of a self hauler hauling less tons per month. b. Each Member Agency shall have the right, without 1 to recycle (as defined at Public Resource Code S 40180) ai waste (as defined at Public Resources Code S 40191) by ar selected by the Member Agency and any such recycled materi, be excluded from the commitment otherwise made to the CC this Flow Control Covenant. However, if the residue recycling process which can legally be disposed of at a C landfill exceeds five percent (5%) of such recycled materi( process residue shall be returned to the System for disposa exempted by the COUNTY. 3.4 Enforcement of Flow Control. To the extent allowable each Member Agency shall establish, implement and carry out flow enforcement program which is sufficient to assure co with the Flow Control Covenant. This program may includl extent necessary and appropriate in the circumstances, b 1 not be limited to, (1) licensing, permitting or fra haulers (on an exclusive or nonexclusive basis) I Upon the C ordinances or resolutions requiring compliance with t Control Covenant, and (3) taking enforcement actions u such license, permit, franchise, ordinance or resolution. municipal collection of Acceptable Waste shall not be hereunder unless all other available means and methods of e the Flow Control Covenant have been unsuccessful. If any circumstance (including without limitation a change or interpretation of applicable law) impairs or precludes cc with the Flow Control Covenant by the means or methods tf employed by the affected party, such party shall j alternative or substitute means and methods to enabl lawfully satisfy the terms and conditions of the Flow Covenant. If a change or interpretation in applicable la1 or precludes either party from complying with the Flob of compliance with the Flow Control Covenant, (2) 3 0 0 APPROVED BY STEERING COMMITTEE, 11 May Amended for Signature by Any or ~11 c Page 4 Covenant by any means, such party shall use its best effort the extent practicable and subject to indemnification b COUNTY, to effectuate executive, legislative or judicial char or relief from the applicability of such law so as to enablr lawfully to resume compliance with the Flow Control Coven: soon as possible following such change or interpretati applicable law. Compliance by the affected party wit obligations under this paragraph shall be deemed sufficie satisfy the its obligation to enforce the Flow Control Cove1 a. Power to Exercise Flow control. Each Member Agency represents that it has the power and authority under existing applicable law to enter comply with, implement and enforce the Flow Control Covenant, party shall use good faith and best efforts to preserve, p and defend its right and power to enter into, comply implement and enforce the Flow Control Covenant in accc herewith against any challenge thereto, legal or otk (including any lawsuits by or against such party, whet plaintiff or defendant) by any person based upon brel contract, violation of law or any other theory. b. Consistenc~ of Aareements. As soon as practicable after the Effective Dal licenses, permits, contracts, agreements, leases, fran ordinances and resolutions of the affected party which are 1 in effect with or pertaining to any person relating to or af Acceptable Waste shall, if and to the extent necessary, be to provide explicitly that the affected party shall have tk without material restriction to direct the delivery committed Acceptable Waste in accordance with the Flow Covenant. On and after the Effective Date, the affecte shall not enter into, issue or adopt any license, permit, cc agreement, lease, franchise, ordinance or resolution w materially inconsistent with the Flow Control Covenant. 3.5 COUNTY'S Disposal Obliaatioa. In a manner that is eco fiscally sound and reasonably protects the environment, th agrees to dispose of the Acceptable Waste directed b: Agencies to the COUNTY under this Flow Control Covenant. 4 e 0 APPROVED BY STEERING COMMITTEE, 11 May Amended for Signature by Any or All cj Page 5 3.6 The COUNTY may only charge a Member Ac 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. Tit, 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 cost operation, management and financing of the System, incli solid waste facility closure and post closure costs, solid facility and mitigation fees. For the disposal of Acceptable the COUNTY shall charge all sources in the unincorporated are shall charge a Tip Fee for waste delivered from a Member Agr DisDosal Charcres. (1) Solid Waste Facilitv Fee. (a) To the extent allowed by law, the COUNTY charge a Facility Fee for waste deliver( processing or disposal to a system facility COUNTY shall pay-over the collected Facility the City or COUNTY in the case o unincorporated area in whose jurisdictic facility is located to compensate the 1 member for the reoccurring impacts of hav; facility within its jurisdiction. The Facil shall initially be set at an amount equiva the appropriate percentage for the f acilif (as described below), as that percentage of Fee in effect on January 1, 1993. Thereaft Facility Fee shall be adjusted automatica concurrently with any increase in the Tip an amount equal to the percentage increase Tip Fee but not greater than five percent the then current Facility Fee, whichever i! (b) Facility types and percentage of the ' Fee* (In effect on January 1, 1993) : 0 Landfill = 10% of Tip Fee ($2.80) 0 Mixed Solid Waste Material Recovery F = 7.5% of Tip Fee ($2.10) 0 Transfer Station = 5% of Tip Fee ($1- *For the purpose of the calculation in 1 section, the Tip Fee does not include Facility Fee or the Mitigation Fee. 5 0 0 APPROVED BY STEERING COMMITTEE, 11 M Amended for Signature by Any or ~ll Page 6 (c) If a jurisdiction has more than o Facility at the same location, or contiguo location, it would receive the higher of t applicable Facility Fees, but not more th one Facility Fee, (d) The Facility Fee for all futu facilities shall be the Facility Fee for th type facility as of January 1, 1993 wi adjustments as described in subsection (1 above. 2. Mitiffation Fee. (a) To the extent allowed by law and COR July 1, 1993, the COUNTY shall impose a Mit Fee for waste delivered to a system facilit Mitigation Fee shall be in an amount that percent (5%) of the Tip Fee in effect on Jar adjusted automatically and concurrently w increase in the Tip Fee, by an amount equal percentage increase in the Tip Fee or an amc greater than five percent (5%) of the then Mitigation Fee, whichever is less. (b) Mitigation Fee funds shall only be L specific projects that correct a documentec arising from a system facility. Any City COUNTY for the unincorporated area may appl COUNTY for a share of the Mitigation Fee Mitigation Fee funds shall not be used mitigation measure which is required for COI with the California Environmental Quality any other regulatory process. Moreover, an Agency which is receiving a Facility Fec particular facility will not be eligible to Mitigation ~ee funds far that same facilit' 1993- Thereafter, the Mitigation Fee SI b. Economic Risk Surcharcrs. (1) To the extent allowed by law, in order to of increased costs to the system and account economic risks created by non-committed wast deposited into the system, COUNTY may impose an Risk Surcharge for the disposal of Acceptable Wa a non-signatory source or from a Member Agency i of the portion of Acceptable Waste committed u Flow Control Covenant. 6 e 0 APPROVED BY STEERING COMMITTEE, 11 ~a~ Amended for Signature by Any or ~11 ci Page 7 (2) From 1, 1993 ‘to 1, 1994 the surch shall not exceed fifty perc (50%) of the Tip Fe 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: tal charges, the increased depletion rate of lanc capacity and timing effects. Economic Risk Surc! funds shall only be used to pay for the costs oj operation, management and financing of the dis system. 3.7 Protection of Flow Control Covenant. If any challenge r issues common to the Member Agencies under this Flow Ca Covenant, the COUNTY through the Solid Waste Enterprise Fund indemnify and hold harmless the affected party from the reasc costs, fees and expenses properly allocable to defending such and power. 3.8 Emiration and Reversion of Flow Control Covenant. a. Expiration. This Flow Control Covenant shall exp the first of any of the following to occur: (I) No Bond Issue. As to all members, on May 31, unless the COUNTY first relies on the Flow C Covenant in issuing bonds to finance the San facility expansion and/or closure and to g financing for other solid waste projects i approximate amount of $60 to $100 million; (2) Emiration of Term of Bond. As to all membi the COUNTY timely issues the bonds described ab0 Flow Control Covenant shall expire upon the expira the term of such bonds or upon the refinancing bonds, but in no event later than 20 years from t oe the original bond issuance. (3) Imr ODer Charue. As to affected members, COUNTY imposes on a Member Agency a fee that consistent with this Flow Control Covenant and a days written notice from the Interim Commission fails to adjust the fee so as to be in complial this Flow Control Covenant and fails to refund 1 a credit for any over-charges; 7 8 0 APPROVED BY STEERING COMMITTEE, 11 May Amended for Signature by Any or ~11 ci Page 8 (4) Failure To Dispose. As to affected members, il COUNTY is unable to dispose of all of the corn: Acceptable Waste from the member and after 60 written notice from the Interim Commission County * to dispose of such waste; or (5) Lecral Impossibility. As to affected members, i law precludes a member from directing the flc Acceptable Waste to the COUNTY. b. Reversion. (1) To Member. Upon expiration of the Flow Co Covenant to the COUNTY, the member's commitment of shall revert to the committing member; (2) To Interim Commission. In the event th permanent governance entity is not established pui to Section 4.5 (c) any flow committed to the I1 Commission shall be retained by the Commissio allowed by law, otherwise to the Member Agency. (3) To Permanent Entity. If a permanent gove entity acceptable to the Interim Cornissic established pursuant to Section 4.5 (c) , the me commitment of flow shall be assigned to that per entity on the terms specified in the document GI the permanent entity. 3.9 Continuation of Interim Commission. Notwithstanding : 2.2 hereof, the Interim Commission established in Part 4 continue to exist so long as is necessary to accompli purposes of Part 3. 3.10 Flow C-5 tment to Interim Commission. Flow commitment Interim Coufssion shall be subject to the following coven( the Member Agencies: The commitment shall be for the same term of the commitment made to the COUNTY. The COUNTY shall dispose of the commitment to the Commission without surcharge until May 31, 1994. In the event that a permanent governance en established pursuant to Section 4.5(C), the flow committee Interim Commission shall be assigned to that entity. In tl that such an entity is not established, the Interim COI shall retain the commitment. a. b. c. 8 - 0 0 * APPROVED BY STEERING COMMITTEE, 11 May Amended for Signature by Any or All Cj Page 9 3.11 Allecration of Breach. In the event that a Member Ac alleges that another Member Agency has breached any part of Part 3 or Section 4.6 the dispute shall be submitted to the In Commission; the determination of the Interim Commission constitute a rebuttable presumption of compliance with or brea such part or section. 4.0 ESTABLISHMENT OF Interim Commission 4.1 Establishment. There is hereby established the Ir Commission to accomplish the purposes set forth herein. 4.2 Composition. The Interim Commission shall consist c commissioner from the County of San Diego who shall Supervisor; one commissioner from each member city who shal mayor or councilperson: and one ex-officio commissioner frc City of San Diego who shall be a mayor or councilp Commissioners shall be appointed by their respective gov bodies which may also appoint an alternate commissioner. 4.3 Procedures. The Interim Commission shall be subject regulations to govern its internal operation. Ralph M. Brawn Act (Gov. Code SS 54950 et ,am) and shall a. A Chairperson and Vice-Chairperson shall be chosen Interim Commission. b. The Commission shall meet at least once each montt Commission's established regular meeting date. c. Special meetings may be called at the request o commissioners with a minimum of 72 hours notice to all of the Interim Commission. d. A majority of the commissioners shall const quorum. e. Actions shall be determined by a majority vote co~issioners, based on one vote per Member Agenc Interim Commission may amend this document to e procedures for a "Weighted Vote." 4.4 Staff for Interim Commission, The COUNTY agrees to such County administrative staff as requested by the Commission, The Interim Commission may request assistance staffs of the members. 9 0 0 APPROVED BY STEERING COMMITTEE, 11 May Amended for Signature by Any or All c Page 10 4.5 ole of Interim Commission. a. Advice. The Interim Commission shall provide advi the Board of Supervisors of the COUNTY on the following ma that concern solid waste facilities, operation, rates financing: capital projects in excess of $50,000, di: alternatives if the San Marcos site is closed, other dis options, outside-county disposal, intra-county transfer of waste and Tip Fees. b. Notice and Omortunitv to Advise, Before considei solid waste matter listed in Section 4.5(a), the COUNTY provide to the Interim Commission a full staff report on each waste matter to be addressed by the COUNTY'S Board of Superv in sufficient time for the Interim Commission to considc matter on the agenda of the Interim Commission's regular me The COUNTY is not required to comply with this process wl emergency condition must be addressed and there is insuff time for compliance. In the event of such emergency, the shall provide a staff report to an Executive Committee appoii the Interim Commission. c. Develop Permanent Governance Entity. The 1 Commission shall consider alternative organizational struc including a joint powers agreement, for exerting a unified to accomplish regional, solid waste objectives. No later tl 31, 1994, the Interim Commission shall develop a pe governance entity designed to maximize the members' col strength in pursuing their interests in disposing of solid The permanent governance entity: (1) Shall include all participating cities a COUNTY; (2) Shall be empowered to contract for solic processing and disposal: and (3)- May be empowered to (a) take over and oper COuNm facilities, (b) create new facilities contract with outside providers. d. AccePtable Waste Disposal, The Interim COmmiSSi provide for disposal of Acceptable Waste flow committed Interim ~ommission.2 10 0 0 APPROVED BY STEERTNG COMMITTEE, 11 May 1 Amended for Signature by Any or All Ci. Page 11 4.6 Attainincr Sub-Reuional Disposal Objectives. During the of this INTERIM AGREEMENT, the COUNTY and the other Member Agen agree: a. Process. To plan and implement the objectiw providing facilities to meet the waste disposal needs of various sub-regions of the County of San Diego, wil unreasonably impacting another sub-region in an adverse mal Any dispute shall be resolved by the Interim Commissio accordance with Section 3.11. b, North County Disposal Option. The County will us best efforts to provide a North County disposal OptiOn. C. Waiver of Geoczraphic Objection. On condition tha covenants set forth in Section 4.6(a) and (b) are being perfc not to object, on the basis of geographic origin, to the dire of Acceptable Waste to any facility. 5.0 MISCELLANEOUS PROVISIONS 5.1 Withdrawal. a. Procedure. If any Member Agency requests to wi fromthis INTERIM AGREEMENT, the Interim Commission shallcal the impact on the system of such agency's withdrawal ta conjunction with all other members desiring to withdraw, anc thereafter formulate, in negotiation with all such agencies, of final terms and conditions for early withdrawal whic become effective upon approval of the Interim Commission. b. Limitation On Withdrawal Charcres/Penalties. Ther be no charge or penalty imposed on the withdrawing Member Ag the reason for withdrawal is the expiration of the Flow 1 Covenant as to the withdrawing member. C. mioa&. Notwithstanding Section 2.2 hereol section 5.1 shall survive as long as the Interim Corn survives. 5.2 Notices. All notices, demands or requests pursuant INTERIM AGREEMENT shall be in writing. All notices, demz requests to be sent to any member shall be deemed to h2 properly given or served: a. On the date of actual personal service; or 11 0 0 APPROVED BY STEERING COMMITTEE, 11 May Amended for Signature by Any or All C: Page 12 b. On the date actually received, if deposited in the U States mail, addressed to such party at the address of the M Agency’s regular meeting chambers, or other address designat the Member, postage prepaid, registered or certified, and return receipt requested. 5.3 Nandeverability, In the event that a substantive prov Of this INTERIM AGREEMENT shall be determined to be inv illegal, or unenforceable in any respect, the parties hereto negotiate in good faith such amendments, modifications supplements to this INTERIM AGREEMENT or such other appro& action as shall, to the maximum extent practicable in light ol determination, implement and give effect to the intentions ( parties as reflected herein. If negotiations in good faith the INTERIM AGREEMENT, including the Flow Control Covenar terminated. 5.4 Waiver of Breach.. No breach of any provision herein 4 waived unless in writing. Waiver of any one breach o provision herein shall not be deemed to be a waiver of any breach of the same or other provision hereof. 5.5 All Parties hereto shall have the right to ca remedy a breach of the terms herein, provided that neither shall have the right to terminate this Agreement except as pr herein. 5.6 No Third Party Riuhts. There are no third beneficiaries of this Agreement. No action may be comer enforce this Agreement, except by a Member Agency. S.7 CounterParts. This document shall be executt counterparts. Remedies. any action at law or equity, includinq specific perfoman 12 0 0 APPROVED BY STEERING COMMITTEE, 11 May Amended for Signature by Any or All Ci Page 13 IN WITNESS WHEREOF, the parties have signed this INT AGREEMENT as of the dates set forth. COUNTY OF SAN DIEGO Acceptable Waste flow Date: Date: By: By: ATTEST: ATTEST : CLERK CITY CLERK CITY OF LA MESA % of its committing - Acceptable Waste flow. committing 100% of its SUPERVISOR MAYOR CITY OF CARLSBAD CITY OF LEMON GROVE committing % of its Acceptable Waste fhW- Date: - By: ATTEST : MAYOR CITY CLERK CITY CLERK CITY OF CHULA VISTA committing - 0 of its Acceptable Waste flow. Date: . Date: By: By: CITY OF NATIONAL CITY % of its committing - Acceptable Waste flow. MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK 13 - 0 a APPROVED BY STEERING COMMITTEE, 11 May Amended for Signature by Any or All C Page 14 CITY OF CORONADO CITY OF OCEANSIDE commit t ing % of its Acceptable Waste flow. % of its Acceptable Waste flow. Date: Date: By : By : ATTEST: ATTEST : CITY CLERK CITY CLERK committing - - MAY OR MAYOR CITY OF POWAY Acceptable Waste flow. Date: committing - % of its CITY OF DEL MAR % of its committing - Acceptable Waste flow. Date: By: By: ATTEST: ATTEST: MAYOR MAYOR CITY CLERK CITY CLERK CITY OF EL CAJON Acceptable Waste flow. CITY OF SAN MARCOS % of its committing - % of its Acceptable Waste flow e committing - Date: Date: By: By : ATTEST: ATTEST: CITY CLERK CITY CLERK MAYOR MAYOR 14 c 0 0 APPROVED BY STEERING COMMITTEE, 11 M Amended for Signature by Any or All Page 15 CITY OF ENCINITAS CITY OF SANTEE % of its - committing % of its committing Acceptable Waste flow. Date: Date: - Acceptable Waste flow. By: By: ATTEST: ATTEST : MAYOR MAYOR CITY CLERK CITY CLERK CITY OF ESCONDIDO CITY OF SOLANA BEACH % of its committing - % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: committing - By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF IMPERIAL BEACH CITY OF VISTA Acceptable Waste flow. Date: Date: By: By: ATTEST: ATTEST: % of its Acceptable Waste flow. comrnitt ing I 0 of its committing - MAYOR MAYOR CITY CLERK CITY CLERX 15 ,. 0 0 ATTACHMENT @'A*@ CITY WASTESTREU COMMITMENT* Member Aaencv Waste Tons Chula Vista 82,399 Oceanside 80,450 Escondido 65 , 566 El Cajon 52 , 430 Vista 44 , 028 Car 1 sbad National City 34,065 Encinitas 32 , 844 La Mesa 31,399 Poway 26,371 San Marcos 24,854 Imperial Beach 15,767 Coronado 15,503 Lemon Grove 14 , 327 SoJana Beach 7,663 Del Mar 2,875 600 , 000 38 , 149 Santee 31,289 * Calculation utilizes July 1992 population figures approved by SANDAG .I - 0 0 A'ITACHMENT B TO RESOLUTION CI 3 - FlRSU ADDENDUM TO THE AMENDED INTERIM AGREEMENT BY, BETWEEN AND AMONG THE COUNTY OF SAN DIEGO AND VARIOUS CITIES OF THE COUNTY ESTABLISHING AN INTERIM SOLID WASTE COMMISSION AND PROVlDlNG FOR THE DISPOSAL Of SOLID WASTE This first addendum to the amended Interim Agreement is entered into by, bc and among the County of San Diego and various cities of the County. RECITALS WHEREAS, it is the desire and intent of the City of Carlsbad to coopera regional basis with other public agencies in the management of solid waste WHEREAS, there remains great uncertainty as to the cost and availa disposal options to the City of Carlsbad; and, WHEREAS, in light of uncertainties involving solid waste disposal, it public interest to preserve the City of Carlsbad's right to pursue alternate of disposing of solid waste in a cost effective, reliable, and environment manner. FIRST ADDENDUM NOW, THEREFORE, IT IS HEREBY AGREED by and between the pat?i as foil- 1. To the extent allowed by law, the City of Carlsbad agrees 100% of its acceptable waste to the Interim Commission fa not to exceed three years. - 2. The Couni@3oard of Supervisors is urged t cm tablish a pay-as-! tipping fee in order to obviate the need for long-term financing. A uniform tipping fee be established for all signatories to the amended I Agreement. The Interim Commission specifically address the following issues: 3, 4. A. North County disposal alternatives 6. C. Permanent governance organization Capital Improvement and Funding Plan 5. The City of Carlsbad reserves the unilateral right to withdraw fr amended Interim Agreement, if the above outlined conditions are not I the City of Carlsbad shall not be subject to any penalty or sancti exercising its right of withdrawal. These conditions are intended to replace, supplement and amen applicable sections of the proposed amended Interim Agreement appr the Board of Superviors on June 1, 1993 and shall control in the 1 conflict between them. 6. IN WITNESS WHEREOF, the parties have signed this amended INTERIM AGRl as of the dates set forth. CITY OF SAN DIEGO Acceptable W8ste flow. Date: Date: CITY OF LA MESA Acceptable Waste flow. committing % of its commiting Yo of its By: By: ATTEST: ATTEST: SUPERVISOR MAYOR CITY CLERK CLERK W - e CITY OF CARLSBAD committing 100 % of its Acceptable Waste flow. CITY OF LEMON GROVE Acceptable Waste flow. Date: 4 commiting % of its By: MAYOR ATTEST: ATTEST: CITY CLERK dfl- CITY CLERK CIlY OF CHUIA VISTA committina Acceptable Waste flow. Date: Date: CITY OF NATIONAL CITY Acceptable Waste flow. % of its commiting % of its By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF CORONADO committing Acceptable Waste flow. Date: Date: By: By: ATTEST: ATTEST: CITY OF OCEANSIDE % of its commiting % of its Acceptable Waste flow. MAYOR MAYOR CITY CLERK CLERK . CITY OF DEL MAR 0 CITY OF P@nV - committing % of its commiting % of its - Acceptable Waste Flow. Acceptable Waste flow. Date: Date: By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF EL CAJON CITY OF SAN MARCOS committing % of its commitinq % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: By: By: ATTEST: ATTEST: CITY CLERK CITY CLERK MAYOR MAYOR CITY OF ENCINITAS corn mitti ng Yo of its commiting Acceptable Waste flow. Date: CITY OF SANTEE % of its Acceptable Waste flow. Date: By: MAYOR By: ATTEST: ATTEST: MAYOR CITY CLERK CLERK - CITY OF ESCONDIDOO CITY OF SQNA BEACH commiting % of its k Acceptable Waste flow. Acceptable Waste flow. Committing % of its Date: Date: By: By! MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF IMPERIAL BEACH CITY OF VISTA committing % of its commiting % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: By: By: ATTEST: ATTEST: MAYOR MAYOR CITY CLERK CITY CLERK - e 0 L v) 0 iv Y an -- f- zg n n2 -20 .r=sz som OZr .- OymSL mG s -- *hS *v) mm C t."; v)OF =P, <I, Egg Q .- v) -9m x OS@ v) Q) 0- Y *E z 3v)- v) m 0- oar= =%a EZ - >=e $5 00) 0 -a 53 E 3 v) * ElTY OF POW& L y+i3 0-42: tAu4-2 MEMORANDUM 7- &=-.GJ "3- +(A +OF FAX TRANSMITTAL (el 9) 748-1455 2: I PLEASE D~ei~eft [THE FOLLOWING PAGEW TU; NAME: COMPANY: City of Carlsbad Lee Rauten kranz, City Clerk FAX NUMBER; 434-1 987 FROM: M. Wahlsten DEPARTMENT: City Cksk EXTENSION NUMBER: 236 NUMBER OF PAGES TRANSMllTED IMCLUDlhlG THIS SHEET: DATE: $/I 8/93 TIME: CQM~ENV$flN$TRUCflONS; City Attorney requested you include th tution adopted by our Council with any material going to your Council on tR agreement. 2 I I IF FOR ANY REASON YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CAl SCION AS POSSIBLt: (619) 748-6600 AND ASK FOR INDICATED €XT€NSiC NUMBER. T’t 0. v -. 8 KSOEUTIQN NO. 93-089 I R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PQGIAY, CALIFOFWXA APPROVING AN AMENDED SOLID WASTE INTERIM PARTI C I PAY ION AGREEMENT I I I WiSEREGr.5, The City Couricil of the City of Poway desires to approve t $01 id Waste Inter? m Farti ci pati on Agreement which was approved as mended the B#ard of Sup@rvtsors cf the County of $an Diego on June 1, 1993; and WnERMS, the City Council previously approved a similar agreelwrit o condition that all’ 17 tities in the County of San Diego approved the sme agreement; and WHEREAS, the Solid WastF, Interim Pasttcipatjon Agreement approved a anended by the Board of Supervisors on June 1, 1993 provides that fewer t all 17 city Counci/ls may approve the agreement, ante those apgrowlng wlll bound thereby; and WHEREAS, the City Council af the Cdty of Paway is prepared to becom party to the amended Solid Waste Participation Agroemant in which Fewer t all 17 cities Qojn with the understanding that the bonding referred to in Paragraph 3.8(a) (1) wiit not issue unless a majority of the lnterim Cami ssi on apgvaves the i ssualtce of such hndi ng . RESOLVES p DETEWId,ES AND ORDEKS AS FOLLOldS : I MOW, THEREFORE, THE CITY COUNCIL Of THE CITY OF POMAY HEREBY FINDS, The Solid Waste Interim ParLitigaLion Agreement approved as amended by the Board of Supervisors sf the County of $an Die o on authorized to execute the same committing 50% of the Acceptable Yasfe flow of the City of Praway. Bhjs approval .Ss granted upon the understanding that the bands referred to in Paragraph 3.8(a) (1) thereof shall not issue except with the concurrence of a rnajorSty of the members of the Interim @omission. PASSED, ADOPTED AND APPROVED by the City Council of the Cfty of Po\ I June 1, 1993, is hereby approved and the Mayor and CSty Cler i! are California at it rdgu’lar meeting thereof this 15th day of June 1993. I I I I ATTEST: I* I ~ -- . ~--- -.- .-. - - - .. ._- -. -. . - _-I- - . -_ .. - -_ - __ __ __- __-