Loading...
HomeMy WebLinkAbout1993-08-10; City Council; 12362; APPROVAL OF THE AMENDED INTERIM SOLID WASTE AGREEMENT- AB # ia:3~~ TITLE: MTG. 8/10/93 APPROVAL OF THE AMENDED INTE€UM DEPT. eJ &M SOLID WASTE AGREEMENT 0 C C 1 aJ 5 VI cd m .rl z $4 ”; 2 2 “4 o rl u 4 0 h cd MY 6a *ri S ad a cda, m hW JZ m m .rd h g % g &’ .d WaJ h 2-8 * -d L) 5 as !Z a u 4 * la m m5 3 ai4 QO 0 22 4 o $4 a, 2z u B a g z %lb GP 2 z 0 F 0 4 A 5 z 3 0 0 Cl#i OF CARLSBAD - AGErgA BILL 9 I RECOMMENDED ACTION: I Adopt Resolution No. approving the Interim Solid Agreement with amendments related to approval of bonded indebtedne appointing Council Members as a member and alternate member of the Interi Waste Commission. I ITEM EXPLANATION: At its June 22, 199g1 meeting, the City Cound approved the Interim solit Waste Commission, seven cities who had unconditionally approved the Agreemc seated as members of the Commission. Those cities are: Coronado, La Mesa Grove, National City, IPoway, San Marcos and Solana Beach. The City of Sa was seated as an ex officio member of the Commission. The balance of the cj either rejected the Aqeement, approved it with conditions, or had not taken ac were not seated on the Commission. In another action the Commission a. recommend the Interim Agreement be amended to allow non-signing cities ac time to consider unconditionally signing the Agreement. Subsequent to the Cor meeting, the City of Del Mar unconditionally signed the Agreement. On July 6,1993, at a meeting of some of the non-signing cities in El Cajon, a cc compromise position was developed for presentation to the Commission. A rf with two conditions was drafted and circulated among all of the non-signing c July 8,1993, the draft resolution and conditions were further discussed and r‘ at North County Solid Waste Management Agency JPA meeting. The mayc city councils. The repsed resolution with two conditions was circulated to non-signing cities for their consideration. On July 20, 1993, (the Carlsbad City Council approved the resolution conditions. By July 23, 1993, all of the non-signing cities had approved the r and two conditions. ~ Several cities added additional concerns in their reso’ approval. On July 28, 1993, at the second meeting of the Interim Solid Waste Commi non-signing cities’ compromise resolution was considered by the Commissic now included Del Mar. The two conditions and the Commission actions WE CONDITION 1. Waste flow commitment to the Commission ri the Cohty and ability to withdraw from the Agreement on or b 31, 1994 if a city did not agree to the form of permanent go1 q3 e 23 3 Agreement, with conqtions. Subsequently, at the first meeting of the Intei three PA cities agreed to recommend approval of the compromise to their r l I I I m I e PAGE 2 OF AB# /a; 3 b ?- I I COMMISSION ACXON: Not approved. However, the Comr clarified that a city could withdraw, with its waste, on or after N 1994, if that city did not agree to the form of permanent governar the Counfy had not issued bonds for solid waste purposes. CONDdON 2. County will not issue solid waste facility bonds v an qative majority vote of the Commission. COMMISSION ACTION: Approved. I R 7 Also, the Commission irejected a motion to apply the landfill fee surcharge t while consideration of; the new amended Agreement was under consideration signatory cities would be given 30 days to consider the amended Agreemf Supervisor Slater indicated that the Board of Supervisors would be asked to c giving cities which sign a credit or rebate of surcharges paid after August ' Commission then set Wednesday, August 4, 1993 as its next meeting & adjourned. On August 3, 1993, the Board of Supervisors approved the a Agreement and agreed to consider giving a credit to cities that sign before Aug 1993. As the Interim Solid Waste Agreement is now configured, should the City of C sign the agreement anld become a member of the Commission, an affirmative I: vote of the Commission would authorize the County to issue bonds to finan1 waste system facilities! If the County issued bonds, the City will have cornrnitt of its waste (38,149 tons) for the period of indebtedness or 20 years, whit shorter. A meeting of the non-signing cities was convened on Tuesday, August 3 to dis Commission's most recent actions. Of the eight remaining non-signatory cities (E had approved the Agreement with amendments on July 28, 1993), most belie7 the Commission had conceded to the most important condition, that conditic that majority vote approval of the Commission is required to permit the Cc bond. At the conclusion of the meeting, the cities of El Cajon, Imperial Beach and Vista indicated thk they would recommend Council approval of the Agree amended. The cities of Chula Vista, Escondido and Oceanside indicated that t remaining concerns and could not indicate a course of action. At their regular r on August 3, the cities of El Cajon and Vista approved the amended Agreeme cities of Imperial Beakh and Santee are expected to consider the Agreement evening meetings scheduled for August 4, 1993. On August 4, 1993 at the Waste Coinmission meeting, the Commissic unanimously to not support issuance of bonds until the permanent governa was resolved. The Commission also unanimously approved a recommendation County give credits to cities, haulers and self haulers for surcharges paid if signs the Agreement. .I 0 PAGE 3 OF AB# 12; 3 bc With the amendment to the Agreement giving the Commission power to aul bonding and the August 4 Commission vote against bonding, it appears that tl has been cleared to approve the amended Agreement, join the Commission anc to develop solutions fdr the region’s solid waste problems. I FISCAL, IMPACT: None as a result of this recommendation. However, since bonds will not be issu solid waste system caqital program will have to be funded on a pay-as-you-gc This means that the landfill disposal fee could increase from $43/ton to $( necessitating a refusd rate increase for residential rate payers of apprord $1.44/month. I i I I EXHIBITS: 1 1. Resolution No. ~ 01 3 e 23 3 approving amendments to the Solid Waste Aqeement and appointing Mayor Lewis as the City‘s Corn member and Council Member Nygaard as the Alternate Commission mc Interim Solid Waste Agreement, unamended, (on file in the Clerk’s offi Letter from Cbunty Counsel transmitting the Interim Waste Corn proposed amendments to the Interim Solid Waste Agreement. 2. 3. I I I I I I I i b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e~ 0 RESOLUTION NO. 93-237 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDED SOLID WA!X'E INTERIM AGREEME WHEhAS, disposal of solid waste Within San Diego County is requires the cooperation of the County of San Diego and every city within th WHh, the Interim Agreement of May 11,1993, amended a has been signed or@ by the County of San Diego and eight cities; and WHEREAS, the Interim Agreement was further amended on P by the County in order that it be signed by the other cities in the County; I I WHEREAS, during the pendency of the Interim Agreement: A. Alternative forms of permanent governance will be co reviewed and irnpzpially analyzed; and B. A full range of sub-regional disposal alternatives will k considered; and C. The operation of existing facilities including NCRRA w and considered for modification or termination: and I D. Tipping fees and the uniformity of such fees will be I E. Host agencies such as Chula Vista and San Marcos will fees defined in the Interim Agreement; and F. Affected agencies such as Santee will be paid facility the Interim Agreement. NOW, *ORE BE IT RESOLVED by the City Council of the ( California as follows: // // I I f h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 0 That the Solid Waste Interim Agreement as amended by the Board of the County of San Diego on August 3,1993, is hereby approved and fifty of the Acceptable Waste Flow of the City of Carlsbad is hereby committed BE IT FURTHER RESOLVED that the City Council appoints Claud1 the regular member and Julianne Nvnaard as the alternate member I Commission established ~ by Section 4.0 of the Interim Solid Waste Agreen BE IT Fmh RESOLVED that the City of Carlsbad, in approving 1 Interim Agreement, does not waive its right to challenge the application o Risk Surcharge described in Section 3.6 b of said Agreement by any m including administrative and/or legal action. I I I PASSED, ADOPTED AND APPROVED by the City Council of the C California at a reaar meeting thereof this 10th day of AUGUST following vote, to I wit: I AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil NOES: None ABSENT: None I I I I ATTEST: F @ mwz IMC raJY&aI Ryp*cs(rMu #MJ-4 YCWL # Wnaa YLC)HLM Y aim WM5m i~zt "&, nnrus I Y[Zrt%RY CPMW E )*3hzAY WU *Y EUtN R VUUTLI LLOYO M. HARMON. J8. ~~~ COUNSEL ANTHONY ALBERS DiANE BARDsLFT WKF DEWWCdUNN WEL 3% COUNTY ADMlNlSfRATlOrJ CEMTEA m #ur 1600 PACIFIC HIGHWAY, SAfd DIEGO, CAllFQRNlA92101-2468 (6 19) 53 1-4860 July 28, 1983 4MK C e-5 'X-* W -?la JR Honorable Board of Supervisors and Honorable Mayors and City Counci lmernbers Sol id Waste Interim Partfcipstfon Agrement; ~rapased Amendments and Lega? Oplnfon Re: c Please fjnd enclosed proposed Second Amendment to Solid Haste Inte Partkipat ion Agreement recornended by the Interlm Commission and legal opinjsn. Please place this item OR your agenda for actlon prior to Augu 1993, the date of the next ~~t.5ng of the Interim COIN~IISSSOR. The amendl must be approved no later than At~gust 27, 1W3. Call Ms. Lin Wurbs at 9: 2729 ts arrange for pick up of the amendment. LMH: bes Enc EXHIBIT S~C,~-~SS--~,T~- ~UN 131 ~~yIYdns 3% scl-d I~~qt\l SZ:ST UYK vir c L I -- LEndrz'=uwxn WL-WU MWC NQXTHI* -Wkvtm -41 LucjCwt EUkNUISu*Ec) *ML L Porn ycGt*vLIL" snRl UrAW 0. m4 L0.N FW MmTU WE* l%Uh%C H-wrWP..lLUI MF Wd OUWU ru CEDFTX w WE* A ww nm LLOYD M. HARMON, JR. wrlw WUNSEL ANTHONY ALBERS DIANE BAROSLEY CHIEF OEP(JMC0UHlY COUNSEL OFFICE OF COUNTY COUNSEL 355 GOUNrY AOMNISTRATION CENTER 1600 PACIFIC HIGHWAY. SAN DIEGO, CAUfQRNIA 92101-2469 IEC~NVJ w R-I (619) 531~4860 EhwU F YDZLUV July 28, 1993 Honorable Board of Supervisors and Honorabl e Mayors and C.i ty Eounc i 7 members Ret Interim Solid Haste Agreement It fs the opinion of the undersigned County Counsel of the County a $an Diego and the Cfty Attorney of the City of Poway that the Interim Agreement wl thout further amendment currently provides that all flow tommitments made by a city shall revert to that city on May 31, 1994, if city has not agreed to the permanent form of governance, unless by that d majority ~f the Interim Carmnission has recommended and the County has iss the! sofld waste facility bonding described in Section 3.8(a)(l) of the In Agreement; in which event, only that flow committed to the Interlm Commls shall revert to such city, CMH: bes ,- - ,? +.. 1 I- I_ (- T ,e) ' 11 t I 11 I ,-% 'd I< J _I 4.1 ,+' J 1-1 --. I rr?.n~~ --..1T -,-h<T- Tn,- 0 e SECOND AWENDMENT TO IWERXI AGREEMENT I. Section 2,l of the Amended Interfrn Agreement shall be replat "This INTERIN AGREEMENT shall take effect as of June 22, 1993, by< between among the COUNTY and arty af the Cities tlsted on Attachment A as having executed this document Q~I or before 2. "(1) Pa 8 ond Issue. As to all members, OR May 31, 1994, unless the COUNTY first relies on the Flow Control Covenant In issuing with the following language: u Section 3+8(a)(l) shall be replaced with the following langu - e .--I_ APPROVED BY STEERING COMMITTEE, 11 May 1 Amended for Signature by Any or All Cit Paqe 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 (ItINTERIM AGREEMENT"), is entered into between and among the County of San Diego (ttCOUNTYtt) 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 i: bonds to finance the expansion and/or closure of the Sari Mal can mutually participate in dealing with regional solid w matters; and to develop a permanent governance authority to with regional solid waste matters that will promote the long health and safety of the residents of the COUNTY and the Citi NOW, therefore, the undersigned COUNTY and Cities (collectiT "Member Agenciestt) agree to participate in good faith in performance of this INTERIM AGREEMENT, and to act in a manner conforms to the spirit, intent and general premises of this IN: AGREEMENT, and in accordance with the following: 1.0 MEMBERSHIP 1.1 COUNTY Membership. To be a signatory of this IN' AGREEMENT and participate as a full member of the In Commission, the COUNTY is committing 100% of its Acceptable ' flow in accordance with the provisions of Part 3 of this docu 1.2 City MembershiD. To be a signatory of this INTERIM AGRE and participate as a full member of the Interim Commission, city is committing at least SO%, and may commit up to loo%, c Acceptable Waste flow in accordance with the provisions of E of this document. a. A member city committing at least 50% of its AcceE 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 sub] the Economic Risk Surcharge set forth in this document at P section 3.6, subsection d. 1 EXHIBIT 2 w e APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or ~ll Cities Page 2 b. On or before Ja 494-, a member city may file a written addendum, in a fo I,@ to the Interim Commission, 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 Citv of San Dieao Membershh. 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. 2.0 EFFECTIVE DATE, TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 SOLIPID WASTE FLOW AND DISPOSAL OBLIGATION 3.1 Title. This Part of the INTERIM AGREEMENT shall be known as the "Flow Control Covenant. tt 3.2 To the extent 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. For purposes of this agreement, a 50% commitment constitutes the tonnage commitment for the respective Cities as set forth in Exhibit ItAIt, until adjusted by the Interim Commission. The Interim Commission may review the tonnage commitment and revise the apportionment. Commitaent of Acceptable Waste. 2 0 0 APPROVED BY STEERING COMMITTEE, 11 May 1 Amended for Signature by Any or All Cit Page 3 3.3 Acceptable Waste Defined. a. "Acceptable Waste" is garbage, refuse, waste and ot matter which is legally acceptable at d Class 111 landfill pUrSL to California Code of Regulations Title 23, Subchapter 15 or ur such laws or regulations as are in effect at the time of dispc which is generated within its respective jurisdiction which, the COUNTY, consists of the unincorporated area. Except: Wi generated by a State or Federal governmental entity unless Member Agency has exercised control over such waste and choose commit it; or waste generated by any person and transportec disposed of by or on behalf of a self hauler hauling less tha tons per month. b. Each Member Agency shall have the right, without pena to recycle (as defined at Public Resource Code S 40180) any s waste (as defined at Public Resources Code S 40191) by .any n selected by the Member Agency and any such recycled material I be excluded from the commitment otherwise made to the COUNT 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 haulers (on an exclusive or nonexclusive basis), upon the cond of compliance with the Flow Control Covenant, (2) ad( 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 ref hereunder unless all other available means and methods of enf the Flow Control Covenant have been unsuccessful. If any e" circumstance (including without limitation a change or a 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 imy alternative or substitute means and methods to enable lawfully satisfy the terms and conditions of the Flow ( Covenant. If a change or interpretation in applicable law : or precludes either party from complying with the Flow ( 7 not be limited to, (1) licensing, permitting or franch 3 e 0 APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All Cities Page 4 covenant by any means, such party shall use its best efforts, to the extent practicable and subject to indemnification by the COUNTY, to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable City lawfully to resume compliance with the Flow Control Covenant as soon as possible following such cJRange 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. Cansistencv af Aareements. As soon as practicable after the Effective Date, all licenses, permits, contracts, agreements, leases, franchises, ordinances and resolutions of the affected party which are lawfully 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 Obliaation. In a manner that is economical, agrees to dispose of the Acceptable Waste directed by Member Agencies to the COUNTY under this Flow Control Covenant. fiscally sound and reasonably protects the environment, the COUNTY 4 e e APPROVED BY STEERING COMMITTEE, 11 May I- Amended for Signature by Any or ~ll cit Page 5 3.6 Disposal Charcres. The COUNTY may only charge a Member Age for the disposition of Acceptable Waste by imposing a fee in amount that does not exceed the COUNTY’S cost for providing E disposal. All revenue, including interest earned thereon, f disposal charges shall be placed in the Solid Waste Enterprise I used only for solid waste purposes. a. Tip Feet to Member Acrency. The Tip Fee charged by COUNTY for the disposal of Acceptable Waste within the System s be sufficient to fund the reasonable and necessary costs operation, management and financing of the System, includ solid waste facility closure and post closure costs, solid w facility and mitigation fees. For the disposal of Acceptable W the COUNTY shall charge all sources in the unincorporated area, shall charge a Tip Fee for waste delivered from a Member Agen (1) Solid Waste Facility Fee. (a) To the extent allowed by law, the COUNTY I charge a Facility Fee for waste delivered processing or disposal to a system facility. COUNTY shall pay-over the collected Facility FI 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 havinl 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 th Fee in effect on January If 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 (E the then current Facility Fee, whichever is : (b) Facility types and percentage of the Ti Fee* (In effect on January 1, 1993): 0 Landfill = 10% of Tip Fee ($2.80) 0 Mixed Solid Waste Material Recovery Fac 0 Transfer Station = 5% of Tip Fee (S1.4C *For the purpose of the calculation in thj section, the Tip Fee does not include tk Facility Fee or the Mitigation Fee. = 7.5% of Tip Fee ($2.10) 5 w e APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or ~ll Cities Page 6 (c) If a jurisdiction has more than one Facility at the same location, or contiguous location, it would receive the higher of the applicable Facility Fees, but not more than one Facility Fee. (d) The Facility Fee for all future facilities shall be the! Facility Fee for that type facility as of January 1, 1993 with adjustments as described in subsection (1) , above. 2. Miticration 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 Agency which is receiving a Facility Fee for a particular facility wil.1 not be eligible to receive Mitigation Fee funds for that same facility. b. Economic Risk Surcharcre. (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 dispasal of Acceptable Waste front a non-signatory source or from a Member Agency in excess of the portion of Acceptable Waste committed under the Flow Control Covenant. 6 e 0 APPROVED BY STEERING COMMITTEE, 11 May 1 Amended for Signature by Any or All cit Page 7 (2) From Ju 1, 1993 to July 1, 1994 the surcha shall not exceed fifty percent (50%) of the Tip Fee effect at the time of the transaction, excluding Solid Waste Facility Fee and the Mitigation Fee, if a The criteria used to establish the Economic I Surcharge include but are not limited to: cap: charges, the increased depletion rate Of landl capacity and timing effects. Economic Risk Surchi funds shall only be used to pay for the costs of operation, management and financing of the dispc 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 fromthe reason costs, fees and expenses properly allocable to defending such r and power. 3.8 Elmiration and Reversion of Flow Control Covenant. a. Emiration. This Flow Control Covenant shall expii the first of any of the following to occur: (1) NO Bond ISSU~, AS t0 all members, on May 31, : unless the COUNTY first relies on the Flow Co Covenant in issuing bonds to finance the San M facility expansion and/or closure and to pr 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 expirat: 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) ImproDer Charcre. As to affected members, j COUNTY imposes on a Member Agency a fee that j consistent with this Flow Control Covenant and af days written notice from the Interim Co~ission, fails to adjust the fee so as to be in compliant this Flow Control Covenant and fails to refund or a credit for any over-charges; 7 w APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or ~ll Cities 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) Leaal Impossibility. As to affected members, if the law precludes a member from directing the flow of Acceptable Waste to the COUNTY. 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 retained by the Commission, as allowed by law, otherwise to the Member Agency. (3) To Permanent Entitv. 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 tothe Interim Commission shall be subject to the following covenants of the Member Agencies: a. The commitment shall be for the same term of the initial commitment made to the COUNTY. b. The COUNTY shall dispose of the commitment to the Interim 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. Commission without surcharge until May 31, 1994. 8 e a APPROVED BY STEERING COMMITTEE, 11 May 1' Amended for Signature by Any or All Cit Page 9 3.11 Alleqation of Breach. In the event that a Member Age alleges that another Member Agency has breached any part of k Part 3 or Section 4.6 the dispute shall be submitted to the Inte Commission; the determination of the Interim Commission sh constitute a rebuttable presumption of compliance with or breacp such part or section. 4.0 ESTABLISHMENT OF Interim Commission 4.1 Establishment, There is hereby established the Intr Commission to accomplish the purposes set forth herein. 4.2 Cornnosition. The Interim Commission shall consist of commissioner from the County of San Diego who shall b Supervisor; one commissioner from each member city who shall mayor or councilperson: and one ex-officio commissioner from City of San Diego who shall be a mayor or councilper c om missioners shall be appointed by their respective gover bodies which may also appoint an alternate commissioner. 4.3 Procedures. The Interim Commission shall be subject to Ralph M. Brown Act (Gov. Code SS 54950 & sea.) and shall a regulations to govern its internal operation. a. A Chairperson and Vice-Chairperson shall be chosen by Interim Commission. b. The Commission shall meet at least once each month o Commission's established regular meeting date. c. Special meetings may be called at the request of * commissioners with a minimum of 72 hours notice to all me1 of the Interim Commission. d. A majority of the commissioners shall constitL 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 est; procedures for a "Weighted Vote. 'I 4.4 Staff for Interim Commission. The COUNTY agrees to PI such County administrative staff as requested by the I1 Commission. The Interim Commission may request assistance fr staffs of the members. 9 W e APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All Cities Page 10 4.5 ole of Interim Commission. a. Advice. The Interim Commission shall provide advice to the Board of Supervisors of the COUNTY on the fallawing 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 Omortunitv 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 Commission 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 time for compliance. In the event of such emergency, the COUNTY shall provide a staff report to an Executive Committee appointed by the Interim Commission. c. Develop Permanent Governance Entity. The Interim Commission snall 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 contract with outside providers. COUNTY facilities, (b) create new facilities and (c) d. AcceDtable Waste Disposal. The Interim Commission shall provide for disposal of Acceptable Waste flow committed to the Interim Commission.2 10 0 e APPROVED BY STEERING COMMITTEE, 11 May 19 Amended for Signature by Any or All Citi Page 11 4.6 Attainins Sub-Recrional Disposal Obiectives. During the te of this INTERIM AGREEMENT, the COUNTY and the other Member Agenci agree: providing facilities to meet the waste disposal needs of 1 various sub-regions of the County of San Diego, withc unreasonably impacting another sub-region in an adverse mannc Any dispute shall be resolved by the Interim Commission accordance with Section 3.11. b. North County Disposal Option. The County will use a. Process. To plan and implement the objective best efforts to provide a North County disposal option. c. Waiver of GeoaraDhic Objection. On condition that covenants set forth in Section 4.6(a) and (b) are being perfonr not to object, on the basis of geographic origin, to the direct of Acceptable Waste to any facility. 5.0 MISCELLANEOUS PROVISIONS 5.1 Withdrawal. a.. Procedure. If any Member Agency requests to withi from this INTERIM AGREEMENT, the Interim Commission shall calcu the impact on the system of such agency's withdrawal taker conjunction with all other members desiring to withdraw, and s thereafter formulate, in negotiation with all such agencies, z of final terms and conditions for early withdrawal which become effective upon approval of the Interim Commission. b. Limitation On Withdrawal Charaes/Penalties. There s be no charge or penalty imposed on the withdrawing Member Agenc the reason for withdrawal is the expiration of the Flow Cor Covenant as to the withdrawing member. section 5.1 shall survive as long as the Interim Commi: survives. 5.2 Notices. All notices, demands or requests pursuant to INTERIM AGREEMENT shall be in writing. All notices, demand requests to be sent to any member shall be deemed to have properly given or served: C. survi Val. Notwithstanding Section 2.2 hereof, a. On the date of actual personal service; or 11 w e APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All Cities 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-Severabilitv. In the event ‘that a substantive provision of this INTERIM AGREEMENT shall be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall 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 herein. third party 5.6 No Third Party Ricrhts. There are no 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 Remedies. counterparts. 12 0 e . APPROVED BY STEERING COMMITTEE, 11 May 1' Amended for Signature by Any or All Cit Page 13 IN WITNESS WHEREOF, the parties have signed this INTE AGREEMENT as of the dates set forth. COUNTY OF SAN DIEGO committing 100% of its Acceptable Waste flow CITY OF LA MESA committing 7 % of its Acceptable Waste flow. Date: Date: By: By: ATTEST: ATTEST : SUPERVISOR MAYOR CLERK CITY CLERK CITY OF CARLSBAD committing - 50 % of its Acceptable Waste flow. CITY OF LEMON GROVE committing - % of its Acceptable Waste flow. Date: By : MAY OR ATTEST : ATTEST: CITY w CLERK /II- CITY CLERK CITY OF CHULA VISTA % of its committing - Acceptable Waste flow. Date: Date: By: By: ATTEST : ATTEST: CITY OF NATIONAL CITY committing - % of its Acceptable Waste flow. MAYOR MAYOR CITY CLERK CITY CLERK 13 m a APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All Cities Page 14 CITY OF CORONADO CITY OF OCEANSIDE committing - % of its committing % of its Acceptable Waste flow. Acceptable Waste flow. Date : Date : By : By: ATTEST : ATTEST: MAYOR MAYOR CITY CLERK CITY CLEM CITY OF DEL MAR CITY OF POWAY % of its committing % of its committing 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 3 of its Acceptable Waste flow. Acceptable Waste flow. Date : Date: - 3 of its committing committing - By: By: ATTEST : ATTEST : MAYOR MAYOR CITY CLERK CITY CLERK 14 1 0 e APPROVED BY STEERING COMMITTEE, 11 May 1 Amended for Signature by Any or All Cit Page 15 CITY OF ENCINITAS committing - % of its Acceptable Waste flow. Date: Date: CITY OF SANTEE committing - % of its Acceptable Waste flow. By: BY: MAYOR MAY OR ATTEST: ATTEST : CITY CLERK CITY CLERK CITY OF ESCONDIDO Acceptable Waste flow. Date: By: By: CITY OF SOLANA BEACH % of its committing - Acceptable Waste flow. Date: committing - % of its MAYOR MAYOR ATTEST : ATTEST: CITY CLERK CITY CLERK CITY OF IMPERIAL BEACH Acceptable Waste flow. Date: Date: By: By: CITY OF VISTA committing - % of its Acceptable Waste flaw. committing % of its MAYOR MAYOR ATTEST : ATTEST: CITY CLERK CITY CLERK 15 w 0 ATTACHMENT "A" CITY WASTESTREAM COMMITMENT* Member Aqencv Waste Tons Chula Vista 82 , 399 Oceanside 80 , 450 Escondido 65,566 El Cajon 52 , 430 Vista 44 r 028 Car lsbad 38 , 149 National City 34 , 065 Encinitas 32 r 844 La Mesa 31,399 Santee 31,289 Poway 26,371 San Marcos 24 , a54 Imperial Beach 15,767 Coronado 15 , 503 Lemon Grove 14 , 327 Solana Beach 7,663 Del Mar 2,875 600 , 000 * Calculation utilizes July 1992 population figures as approved by SANDAG