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Home My WebLink About1994-04-19; City Council; 12667; Solid waste mgmt authority JPA reviewREVIEW OF SAN DIEGO MTG. 4/19/94 SOLID WASTE MANAGEMENT ITEM EXPLANATION At its all-day workshop on April 7,1994, the Interim Solid Waste Management Comr reviewed the draft Joint Powers Agreement which would create the San Diego Solid Management Authority. After a line-by-line review of the document, the Comr approved the draft agreement for circulation to cities for review. The docume approved unanimously with the cities of San Marcos, Oceanside, and Chul abstaining. A copy of the draft document is attached to this Agenda Bill. Some ad modifications to the draft document are being prepared and the document may be to further revisions pending a review by the San Diego County City Attorney's Ass( at its meeting on Thursday, April 14, 1994. The purpose of placing this item on the is to provide an opportunity to explain the significant provisions of the documen Council and to respond to any questions OF concern that Council may have. It sk clearly understood that the intent of this document is that the agency would be when any two parties sign the agreement, and that the agency would take over a and liabilities of the current County disposal system. To make it clear what as: liabilities are being taken on, the agreement lists four exhibits which detail the asse system, pending litigation, a list of active and inactive landfill sites, and a list oi contracts of the system. The proposed JPA would have significant and wide authority to manage solid waste disposal for the participating parties. By sigi agreement, an agency would be taking on a major responsibility for managing the of solid waste, which would demand a considerable amount of time from electe representatives, as well as city staff support for those representatives. It is still t' of the Interim Commission to come to a decision on governance by the May : deadline. Therefore, the document needs to be in final form by the end of April that agencies can take action in May on the agreement. All cities considering joining the JPA have a difficult decision to make. It is relati1 to join, but may be very difficult to withdraw, Although the agreement provides an ability to withdraw, the conditions of withdrawal may be onerous. Prior to i commitment to join the agency, the City would need to know the costs and capa the system, both on a short-term and a long-term basis. The short-term costs i identified by means of a proposed two-year budget for the system. The propose' which is attached to this agenda bill as Exhibit 2, proposes a disposal fee of appr $64 per ton for the next two year. The long-term costs and capabilities of the si yet undefined and will be dependent on the decisions made regarding futu expenditures and the viability and long-term use of the NCRRA facility. Needle: there are still unanswered questions about the long-term costs and future of tt i I AB NO. ia,Lb_ a Page 2 The County system is facing the same phenomena that a number of systems throui the United States are facing: a declining tonage of trash being disposed and the ne raise rates in order to cover fixed costs. Such a situation can create a death spir: continues to drive costs of disposal up and therefore creates an increasing incent divert trash from the system, further aggravating the situation. The County has Ion! a policy of discouraging private sector disposal alternatives in this County. The C system has not been subject to the discipline of the market place. A private sector rr place for disposal of trash is continuing to develop and will likely be accelerated k proposed price increases in the County system. In order to remain competitive i evolving market place, the County system needs to become more efficient and conscious in the planning and strategy for managing disposal of solid waste. The C system must recognize the realities of the market place and not be driven solely by pl needs. The County system is both burdened by costly obligations such as the N plant, as well as blessed by significant resources such as the existing active landfill! critical issue facing city councils if one of timing, Is there enough information at thi need to understand and explore the emerging private sector market place for dis In such an environment it does not seem to make sense to make long-term commit but, to keep your options open and develop a short-term disposal strategy until information is developed about the County system and the private sector disposal place further evolves, The existing Council policy encourages the creation and op of a regional, cooperative, solid waste disposal system. One of the issues the C needs to consider in joining or not joining the proposed system, is the affect of governmental relations in general. The Council needs to balance this need with th to protect the interests of the rate-payers to provide an environmentally safe, reliab cost-effective system. By joining the Commission, the Council is becoming a partnc Agency. The Council needs to be convinced that the partnership will advance tl interest of its members and will provide a solid waste disposal system that will pro\ best deal for the rate-payers. NORTH COUNTY SOLID WASTE MANAGEMENT AUTHORITY to fully and fairly evaluate the future costs and capabilities of the County system vers The North County Solid Waste Management Agency, at its March 24,1994 meetin to direct the staff to negotiate a stand-by agreement with ECDC/Coast Waste Mana! Carlsbad representative Mayor Lewis abstained in this vote pending further directi the Council. The staff from the three agencies have nonetheless had two meetir representatives of ECDCICoast Waste Management to identify issues and o potential agreement. Carlsbad City staff will continue to participate in this process directed otherwise by Council. In order to finalize an agreement with ECDC/Coas Management, technical and legal consulting assistance will be required. At this tir has no estimate of the cost of such services and when those costs become knowr come back to the Council for authorization to acquire such services and ! appropriation. AB No. 12; l_li [* a Page 3 At this time, staff would recommend the following course of action to the City Coun Take no action on the proposed San Diego Solid Waste Manage Authority JPA. Direct staff to continue negotiations with ECDC/Coast Waste Managt to develop a stand-by agreement with the North County Solid \ Management Authority. Direct staff to enter into discussions with Coast Waste Managemi identify disposal alternatives for the City of Carlsbad. 1. 2. 3. EXHIBITS 1. 2. San Diego Solid Waste Management Authority Joint Powers Agreen Proposed budget for San Diego Solid Waste Management Authority a e Item 4 JOINT POWERS AGREEMEWT SAN DIEGO SOLID WASTE MASAGEMEN" AU"€€ORITY EXECUTIVESUMMARY CREATES A SOLID WASTE JOINT POWERS AUTHORITY COMPOSE: ALL OF THE SIGNATORY CITIES AND THE COUNTY FOR THE PURl OF MANAGING THE SOLID WASTE SYSTEM IN THE 11 ENVIRONMENTALLY SOUND AND ECONOMICAL FASHION POSF WITH THE FOLLOWING POWERS: DETERMINES FUTURE FACILITY NEEDS DETERMINES CAPITAL IMPROVEMENT PLAN AND FINANCING PLAN DETEFMINES ANNUAL BUDGET AND TIP FEE DETERMINES WHAT CONTRACTS TO WRITE WITH OmR Em DETE- THE APPROPRIATE METHODOLOGY FOR DISPOSAL: LAXDFILL OR OUT-OF-COUNTY DISPOSAL DEVELOPS BY-LAWS FOR THE ADMINISTRATION AND MANAGEMENT OF THE SDSWMA ADDITIONAL KEY COMPONENTS: ESTABLISHES A ONE VOTE/ONE E"Y SYSTEM WITH A WE3GH"E. VOTE BASED ON POPULATXON COMMISSION MEMBERS SHALL BE A MEMBER OF THE LEGISLATIV FOR THEIR SERVICE ALL ASSETS, LIABILITXES AND OBLIGATIONS OF THE SYSTEM WILl TRANSFERRED TO THE SDSWMA OVER A TRANSITION PERIOD ALL SOLID WASTE IS COMMITTED TO THE SDSWMA (EXCEPT RECYCEABLES) LIMITS DEBTS, LIABILITIES, AND OBLIGATIONS OF THE SDSWMA c SDSWMA ALONE AND NOT TO THE INDIVIDUAL PAlUlES COMMITS SDSWMA TO PROVIDING SOLID WASTE SERVICES FOR 2 PARTIES TO THE AGREEMENT BODY OF THE PARTY TO ?uE AGREEMENT AND WILL BE COMPEN, 1 T 0 I1 DRAFT JOINT POWERS AGRIiCEMENT IJ CAN DIEGO SOLID WASTE IMANAGEmNT AUTHORITY (SDSWMA) THIS AGREEMENT is made and entered into by and betwt CITIES OF CARLSBAD, CHULAVISTA, CORONADO, DEI EL CAJON, E"ITAs, ESCONDIDO, IMPERIAL BEAC MESA, LEMON GROVE, NATIONAL CITY, CICEAT POWAY, SAN MARCOS, SmE, SOLANA BEACH,, VIST THE COUNTY OF SAN DIEGO, which are local government3 Diego County, California (acting through their respective lef bodies and collectively referenced herein 3s the "PARTIES"). 1 1 a e INDEX r I. DEFINITIONS .......................................... 11. FORMATION ........................................... III. POLIrn .............................................. IV- PURPOSE .............................................. V. POWER AND AUTHORITY ............................... BYLAWS .............................................. VI. VII. ORGANIZATION ....................................... WII. CONTRACT'ING WlTH OTHER ENTITIES .................. IX. MEETINGS. ............................................ X. VOTE ................................................ XI. DEBTS AND OBLIGATIONS OF Pams .................. MI. ASSETS AND OBLIGATIONS ............................. 1. Accounts and Funds ................................... 2. Solid Waste System Costs 3. Rates, Fees and Charges ............................... 4. Solid Waste System Services .............................. ............................ 5. Audit ............................................. TRANSITION OF COUNTY ASSETS, OBLIGATIONS AND LIABILITIES .......................................... 1. Transition Schedule .............................. I, ..... 2. TransitionCriteria .................................... 4. Comtyas Agent .................................... XIII. 3. Transition Cooperation ............................... 5. County Services ..................................... XI. FAILURE OF TRANSITION ............................ xv. WASTESTREAM ..................................... 1 1 0 0 XVI. LIWA~ONOFLlAJ3ILI" ............................... XVII. INDEMNIFICATION OF MEMBER PARTES ................. XVIII. IMMUNITY ............................................ XIX. WITHDRAWAL OF PARTIES .............................. xx. ADDITIONALPARTIES ................................. XXI. STAFF ............................................... XXII. ACCOUNTING, INVESTMENT, FINANCIAL, PERSONNEL AND OTHER PROFESSIONAL SERVICES ....................... XXIII, ACCK)I.JNTABILITY,. ................................... XXIV. DISSOLUTION ......................................... XXV. INSURANCE .......................................... XXVI. BREACH ............................................. XXVII. SEVERABLITY ....................................... XXVIII. NOTICES ............................................ XXIX. DUPLICATE ORIGINALS ............................... xxx. APPLXCABLELAW .................................... 1 1 a 0 March31, 1994 Itc JOINT POWERS AGREEME" SAN DIEGO SOLID WASTE MANAGEMENT AuTHoRlTy (SDSWMA) THIS AGREEMENT is made and entered into by and between the CITE CARLSBAD, CHULA VISTA, CORONADO, DEL MAR, EL CAJON, ENCIN ESCONDDO, IMPERIAL BEACH, LA MESA, LEMON GROVE, NATIONAL ( OCEANSIDE, POWAY, SANMARCOS, SANTEE, SOLANABEACH, VISTAANI COUNTY OF SAN DIEGO, which are local governments in San Diego County, Cali (acting through their respective legislative bodies and collectively referenced herein "PARTIES"), WITNEESETII: WHEREAS, the PARTES to this Agreement are "public agencies" as this ' WHEREAS, pursuant to (the on t defined in Section 6500 of the Government Code of the State of California; Exercise of Powers Act"), the as contracting parties; WHEREAS, each of the PARTES hereto has the power to site, develop, co maintain, operate, lease and/or contract for disposal sites, sanitary landfills, r recovery facilities, transfer stations and other facilities and services used for the col transfer, management and disposal of garbage, trash and rubbish generated wi territorial boundaries of each of the PARTIE§; WHEREAS, each of the PARTIES must comply with applicable federal, s local laws and regulations governing solid waste, such as the California Integate Management Act of 1989, as may be amended from the to time (the "Act"); WHEREAS, the Act requires that each of the PARTES to prepare s Reduction and Recycling Plan, which includes a landfill siting element; WHEREAS, the PARTES find that it will be to their mutual advantage an to reasonably work together . (i) siting, developing, con maintaining, operating, leasing and/or contracting for disposal sites, sanitary resource recovery facilities, transfer stations and other facilities and services, practical collection, transfer, management and disposal of garbage, trash and rut; (iii) compliance with applicable federal, state and local laws and regulations gover waste, including but no; limited to the Act; WHEREAS, it is the desire of the PARTIES to use any power that the common a~ reasonably necessary and appropriate to aid in the accomplishmen goals; and 0 0 ...,..........-,A, ...... ,. II. FORMATION As of June 1, 1994 ereby created 1 organized pursuant to California Government Code 66500 et seq. SDSW is a entity separate and distinct from the PARTIES. PARTIES the Joint Powers Authority which is forme m. POLICIES SDSWMA shall carry out its purposes and exercise its powers and authc accordance with the following statements of public policy: 1. SDSWMA shall promote economic efficiency in the managem handling of the Solid Waste System; The Commissioners, Officers and employees of SDSWU maintain an attitude of public service in the carrying forth c their assigned and assumed duties: SDSWMA shall manage the Solid Waste System utilizing 1 environmental protections reasonably achievable as a matter ( 2. 3. fiscal policy; 4. The PARTES of SDSWMA shall approach the Solid Wastr as a matter of regional concern; The Commissioners and Officers of SDSWMA shall endeavor the difficult decisions attendant to the proper managem handling of solid waste with a collective, reasoned approac' places individual concern in the light of the best regional ? 5. 3 a 0 Iv. PURPOS E The purposes of SDSWMA shall be: 1. 2. Operation of the Solid Waste System in the most practicable 7 Compliance with applicable federal, state and local la\ regulations governing the Solid Waste System, including but not to the Act; Preparation, implementation and revision of a SDSWMA, soli management plan which meets the requirements of the Act; Exercise of all other appropriate powers reasonably necessary out the policies and purposes of this Agreement. V. POWERANDAUTHORITY SDSWMA shall have any and all powers authorized by law to all of the PA hereto, and separately to the Agency herein created, as reasonable and necessary Acquire, site, license, develop, construct, finance, mahtah, lease and/or contract for solid waste disposal sites, sanitary resource recovery facilities, transfer stations and other fad services; Collect, transfer, manage, dispose, recycle, reduce, and othen 3. 4. 1. 2. the garbage, trash and rubbish brought into the Solid Waste 3. Prepare solid waste management plans meeting the require the Act; 4 0 0 5. 6. Sue and be sued in its om name; Make and enter into contracts; 9. Acquire, construct, maintain, operate, sell, exchange and/or transfer real property, such as land, buildings and other improvement; 12. Incur and discharge debts, liabilities and obligations, such as Obligations; 5 0 0 .,. ...... ..... .* 24. Undertake all tasks and do any and all tags necessary or com to provide for landfill sites and for the disposal of garbage, rubbj refuse. 6 a 0 thout limiting the foregoing generality, SDSW may; 26. Acquire and dispose of all kinds of property and utilize the poi eminent domain, except that the power of eminent domain may exercised within the territorial limits of any PARTY with0 consent of said PARTY, Issue or cause to be issued bonds, notes, refunding md indebtedness, and pledge any property or revenue as security extent permitted by law but not limited to Govei Code 5 6500 et seq.) or o ding but not limited to or other evidences of indebtedness of a nonprofit corporation on behalf of SDSWMA or any of its PARTIES; Obtain in its own name dl necessary permits and licenses, o and rulings; Whenever necessary to facilitate the exercise of its powers, fo administer nonprofit corporations to do any part of what SD' could do, or to perform any proper rate function, and en agreements with such a corporatio Take all actions necessary to comply with the terms, conditic requirements of this Agreement and all Financial Obligations 27. 28. 29. 30. VI. BYLAWS The Commission shall adopt and amend from time to time the SDSWMA Bj the administration and management of SDSwMk The SDSWMA Bylaws shall c this Agreement, including but not limited to: . Each Commissioner shall receive compensation in an established in the SDSWMA Bylaws. Compensation shall be of attendance at meetings of the Commission or e rendered as a Commissioner by request of SI: ogether with any expenses incurred in the performance of h duties as required or authorized by the Commission; 7 ., a VII, ORGANIZATION SDSWMA shall be ne elected men the legislative body of each The Commissic be the administering agency for such, shall be with the powers set forth in this Agreement, and shall execute and adminis1 Agreement in accordance with the purposes and functions provided herein. Commissioners by written notice to SDSWMIL Each Commissioner shall be vested with the authority to behalf of their respective PARTIES. The Commissioner of ea PARTES shall be empowered by their appointing re as the representative of the PARTY i participate by affirmation, rejection or abstention in the bu SDSWMA before the Commission. Subject to Section X herc the decisions of the Commission shall bind each of the PAE 2. 8 I e w 3. The PARTIES shall designate one or more alternates. The alte shall be an elected member of the legislative body of the PART 4. The Commissioners shall: (b) Establish an Executive Committee, and such other corn as they shall find appropriate. The Executive Committee sha policy recommendations to the Commission and may exerc other power of the Cornmission delegated to it by the SD Bylaws. The Executive Committee shall be compo, Commissioners representing PARTIES of geographic diversit] the County of San Diego. (c) Provide general directives for the work of ad committees. Chairman. The Chairman of SDSWMA shall preside at all I: of the Commission and perform such other duties as the Con shall instruct or de SDSWMA Bylaws may require. The duti Vice-chairman shall be the usual and customary duties of su( 5. 6. 9 0 w 7. 8. General Manager. The Cornmission shall appoint a General Ma! General Counse 1. The Commission shall appoint legal counsel VIII. co NTRACTING WITHOTHER SDSWMA reserves the right to contract with government entities that i PARTIES to this Agreement to promote the objectives and purposes of SDSWMh such terms and conditions mutually agreed upon by SDSWMA and the non-membc IX. MJETINGS SDSWMA shall conduct all re irements of the Ralph M. Brown ., as the same may be amended fro regulations as the State legislature may hereinafter provide. x. VOTE SDSWMA shall utilize the fc voting structure: 1. The method of voting for the Commission shall be one PAR' vote (the "Primary Vote"); however, in the event dispute reso' required by a request of any three of the PARTIES, the weigb hereinbelow described shall be impiemented. Upon a call by any three of the PARTIES for a weighted vo shall be a total of 100 votes accordance with the population established annually by the however, that no PARTY there shall be no fractio total number of votes allowed by 2. 18 e w 3. The PARTIES shall designate one or more alternates. "he dte shall be an elected member o€ the legislative body of the PART7 . The Commissioners shall: (b) Establish an Executive Committee, and such other corn as they shall find appropriate. The Executive Committee shal policy recommendations to the Commission and may exerd other power of the Commission delegated to it by the SD! Bylaws. The Executive Committee shall be compo! Commissioners representing PARTIES of geographic diver$ the County of San Diego. (c) Provide general directives for the work of ad committees. Chairman. The Chairman of SDSWMA shall preside at all IT of the Commission and perfo~ such other duties as the Con shall instruct or the SDSWMA Bylaws may require. The dutit Vice-chairman shall be tJhe usual and customary duties of SUC 5. 9 * e v 3. ted vote is taken, the vote of at one-thir d epresenting not less than --one nt (51%) ed vote, shall be required to supersede the Primary If the weighted vote fa, the action shall be determined 1 Primary Vote. XI. DEBTS AND OBLIGATIONS OF PAR= None of the debts, liabilities or Obligations of SDSWMA shall be the debts, lis S of SDS'WMA unless assumed in a particular c body of the PARTY to be charged. Notwithstanding the above, as may be allowed by law, any PARTY of SDSW agree to undertake Financial Obligations on behalf of SDSWMA pursuant to s agreement negotiated for the purpose of acquiring funding for the Solid Waste Sy; or obligations o resolution of the XII. ASSETS AND OBLIGATIONS 1. Accounts and Funds. SDSWMA shall establish such accounts or funds as may be appropria management, operation, financing and support of the Solid Waste The deposits of the PARTIES to the accounts or funds shall be accu in a manner customary and lawful for the support of solid waste en by local authorities. 2. Solid Waste Svstem Costs. SDSWMA shall utilize such other financing methods as may be apI to assure the reasonable management, operation, financing and supp Solid Waste System, including but not limited to uniform tip fee facilities fees, trash collection fees, recycling and reuse fees. 11 0 v L 3. Rates. Fees and Charges. SDSWMA shall impose, and collect rates, fees and charges for the . the provision of the services of the Solid Waste System. (b) All rates, fees and charges shall be imposed, charged and revise( time to time so that the revenues of SDSWMA, together with other fu projected funds of properly allocable to SDSWMA, wilI be sufficient to the debts and Financial Obligations of SDSWMA, when the same i~1 and payable. Solid Waste Svste m Services. (a) SDSWMA shall neither furnish nor supply (nor cause to be fur or supplied) any use of facilities or services free of charge to any perso corporation or governmental entity that, together with any other su service or use, would cause SDSWMA to violate the covenants Agreement. SDSWMA shall, consistent with prudent solid waste man3 practices, enforce the payment of any and all amounts then due and o it for use of facilities or services provided within the Solid Waste Sys (b) SDSWMA shall continue to provide or cause to be provic services and facilities of the Solid Waste System for the managemi handling of all garbage, rubbish and wast the PARTI discontinue the provision of services hereunder within the jurist' boundary of any PARTY, upon the request of that PARTY, if the rei PARTY otherwise provides the service or facility; however, such rec the discontinuance of services shall in no way relieve the PART3 terms, conditions and obligations of this Agreement for which otherwise be responsible hereunder. (c) SDSWMA shall take such actions as are necessary to thc execution of the Service Covenant, including, but not limited to the exercise of the policies, purposes, powers and authorities as specifie Agreement. (d) Nothing contained in this Agreement shall be deemed to pi preclude SDSWMA from providing management and h.uhdling of rubbish and solid waste generated outside of the jurisdiction of the P. nor is SDSWMA precluded in any respect from disposing of garbagf and 'solid waste at disposal facilities or by other means, whic€ 4. "Service Covenant"). Notwithstanding this (b), smm 12 m physically located outside the County of San Diego; provided, however in no event shall SDSWMA provide such solid waste managemen handling services where the same would have an adverse SDSWMA's ability to meet its obligations related to the Service Financial Obligations or any other covenant undertaken pursuant t Agreement. 5. Audit. At least once annually SDSWMA shall cause to be prepared a writte for the review of items of accounting (the "Rate Audit"), which shall but is not limited to: (a) (b) (C) (d) The estimated revenues to be derived from the Solid Waste 5 The estimated operating expenses of the Solid Waste System: The estimated amounts payable to debt service; All general accounts, funds and other established acco subaccounts of SDSWMB, (e) All investment income to be derived fiom'money on deposit: (f) The estimated tonnage of waste, rubbish, and garbage exped handled or disposed of by operation of the Solid Waste System; an The Rate Audit shall 63 e w TEsTREMCOMMFl[TMENT To the extent allowed by law, each PARTY agrees that 100% of the garbage, I: and solid waste normal and customary for disposal at a Class III landfill, generated its jurisdiction, shall be committed and delivered to the Solid Waste System. SD! may, by vote of the Commission, adjust the percentage commitment of solid hereinabove stated fiom time to time. In no event shall a PARTY be required to ( solid wastes generated by a state or federal governmental entity, unless the PAR' control over such solid wastes and elects to commit it; nor shall any PARTY be r to commit solid wastes generated by any person and/or transported or disposed oj self-hauler where such solid wastes are less accumulated in an amount less than 50 1 month. Notwithstanding the above, each PARTY shall have the right, without pel recycle any solid waste by any means selected by said PARTY and all recycled soli other than recycling waste residue, shall be excluded from this commitment. To the extent allowed by law, each PARTY shall establish, implement and c a waste flow enforcement program in cooperation with SDSWMA. To the extent n and appropriate to ensure that the PARTY'S committed solid wastes are delivere Solid Waste System, each waste flow enforcement program may include one or mo following: 1. License, permit, franchise or eater into agreements with solid wasti (whether on an exclusive or non-exclusive basis), as necessary 1 compliance with the solid waste commitment hereinabove stated; At the earliest date practicable, amen4 revoke and/or revise an permit, franchise or solid waste hauler agreement, to effect changes to assure compliance with the solid waste commitment hereinabo including if and to the extent necessary, amendments to provide exp] the affected party shall have the right without material restriction to delivery of the committed garbage, rubbish and solid waste in accorc the Wastestrem Commitment; 2. 17 0 3. Adopt ordinances or resolutions requiring the compliance of the 8 public or any portion thereof with measures necessary to assure corn1 With the solid waste commitment hereinabove stated; Take authorized enforcement action pursuant to any license, permit, fn or waste hauler agreement, ordinance or resolution; Defend against legal challenges to the validity of the affected PP wastestream commitment; Undertake local municipal solid waste collection programs; Implement alternative or substitute means of assuring compliitnce k solid waste commitment hereinabove stated; On and after the Effective Date, no affected PARTY shall enter into, issue ( any license, permit, contract, agreement, lease, franchise, ordinance or resolution materially inconsistent with the Wastestream Commitment. 4. 5. 6. 7. XVIe LIMITATION0 F LIABILITY 1. The debts, liabilities and obligations of shall be tl and not liabilities and obligations of SDS PARTIES. Pursuant to Government Code Section 6508J, any 2. separately contra or obligations of Except with regard to the obligations that exist between SDSI the PARTIES as specified herein, no intended to create my liability of onsibility for specific assets, d 3. entity, or corporation, wheth would not otherwise have had; nor shall this A e, null@ or otherwise in any way affect any 1 to any person, organization, entity, or co whether public or private. 18 0 * I. 1 CATION 0 FMEMBERPmW 1. SDSWMA shall protect, defend, indemnify and hold each and all liabilities, clzimS, penalties, forfeitures, suits, u expenses incident thereto (hcluding reasonable attorney's fee said PARTIES may hereafter incur, become responsible for, c as a result of the death or bodily injury to any person destruction or damage to any pperty, contamination of, adverse effect on the environment, costs of response tc penalties for violation of governing laws, replatiom 0. resulting from or due to the release of hazardous substanm mnification shall be recoverable only OUI fee fund, financing options available unde ther assets, and not from the PARTIES. As used herein above the term Hazardous Substance(s) shall I substance included within the definitions of "hmdous su "hazardous waste," "hazardous material," "toxic substance," "soli or "pollutant or contaminant" as defined under any federal, local statute, ordinance, code or zegulation now exi5thg Dr 1 enacted or amended, including but not limited to the follow i. 42 United States CDde $5 9601 et seq., which general to CERCLA, hazardous substances releases, Iiabi compensation: 42 United States Code $5 6901 et seq., which general to the Resource Conservation and Recovery Act (Soli Disposal Act); 33 United States Code 00 1251 et seq., which generd to the Federal Clean Water Act; 15 United States Code $5 2601 et seq., which general to the Toxic Substances Control Act; ii. iii. iv. 19 0 ? I at , v. 49 United States Code 66 1801 a a., which generally to the transportation of hazardous materials; 49 Code of Federal Regulations 172.101, which generally to the transportation of hazardous materials; 40 Code of Federal Regulations 302, which generally re the management of hazardous materials; California Health & Safety Code 0 25316; California Water Code 5 13050(p); Any substance listed in 26 California Code of Regulatio 6680(d); and Any other petroleum or refined petroleum product, as polychlorinated biphenyl, a flammable explosive or radi material, or other material which could cause a detrimei impair the beneficial use of properties or otherwise or environmental risk to any person. vi. vii. viii, ix. x. xi. 2. Pursuant to the provisions of the stemming from the activities of the person in their employment and/or service on behalf 3. or other actions brought under state or federal law, or my violation of any plan, rule, regulation, ordinance, criteria or g promulgated by any federal or state regulatory agency, 20 a e , 8, I XVIII. IMMUNITY AlI of the privileges and immunities from liabilities, exemptions fron ordinances and rules, and all pension, relief, disability, workers’ compensation ad benefits which apply to the activity of officers, agents and employees of any performing their respective functions within the territory limits of their res agencies, shall apply to them in the same degree and extent while engaged performance of any of their functions or duties extraterritorially under this Agreen XK. WlTHDRAWALOFPAlZ~ Any PAKN may request and be granted withdrawal according provisions of this subsection. 1. Conditions Precedent to Filinp for Withdrawal If a PARTY desire providing a noti accordance with m SDSWMA, it may do so withdrawal to the Cod! 2. Qblkation - to Meet and Co der Prior to filing a for withdraw meet and confer od faith with the reasons for the proposed termination and the including, but not limited to the following issues: i. The alternate means of Solid Waste Disposal re: available to the PARTY. Any offer of SDSWMA to provide services equivaleT alternative the PARTY is considering. ii. 21 <,:c,>i-&pd ‘, \ 3. After the meet and resolution of with hearing. SDSWMA receive notice and 4. PARTY Files Notice The notice of withdrawal of any PARTY shall include the foll i. ii, A copy of the resolution. A statement of the reasons for the proposed withdraw confer process and the criteria set forth hereinabove. SDSWMA, including a. narrative zuidys iii. A description of the means that the PARTY will use to solid waste disposal obligations if withdrawal occurs. iv. Such other reasonable information as SDSWMA may Dutv to Formulate Terms and Conditions for Earlv Withdrai SDSWMA, after a noticed, public hearing shall formulate the terms and conditions for the withdrawal of the PARTY. SI shall meet and confer in good faith with the PARTY rega terms and conditions. Terms and Conditions for Final Withdrawal SDSWMA shall set such terms and 5. 6. 22 e e r 104 XXII. ACCOUNTING, m. F'INABK! IAL, PERSONn AND OTHER PROFESS IONAL SERVICES SDSWMA may hire such accounting, investment, financial and pel services or other professional consulting services as necessary, either on a full-time ( time basis or by use of full or part-time employees. Further, SDSWMA may indepei contract for the provision of necessary professional and other services. The existing one or more of the PARTES may also be appointed to serve SDSWUA and shall 1 for by SDSWMA or, upon agreement of SDSWMA and any PARTY, may be provj the expense of the contributing PARTY. XXIII. ACCOUNT ABILITY SDSWMA shall be held strictly accountable for dl funds and shall m annual report to all PARTIES to this Agreement of all receipts and disbursements accordance with Government Code and applicable st . XXIV. DTSSO LUTION Upon dissolution of the SDSWMA.as a legal entity, all debts and ad1 of SDSWMA shall be paid, and the property of SDSWMA, wh in proportion to the costs bo existence. XXV. I"CE The Commission of SDSWMA is authorized to and shall pro by such means and in such amounts 25 0 e I<'* XXVI, BREACH In the event that any PARTY to this Agreement should at any time cla another PARTY has in any way breached or is breaching this Agreement, the comp PARTY shall file with the governing body of the other PARTY, and with the Corn a written claim of said breach, describing the alleged breach and otherwise @vi infomation respecting the same. The Commission shall ereafter, at a reasonab and place, giving all PARTIES full opportunity to be the matter, and shal conclusion of said hearing, give the legislative or governing bodies of all PARTE report of its findings and recommendations. Said report, findings and reconmen( shall be deemed advisory only, shall not in any way bind any of the PARTIES here1 shall not be deemed to establish any facts, either presumptively or finally. Upon rec said report and recommendations, if any PARTY should be dissatisfied with or disagrc the same, the legislative of governing bodies of the PARTIES in disagreement shall meet with each other at a reasonable time and place to be determined by them, j purpose of resolvinE their differences. No action for breach of this Agreement, and no action for any leg& because of any such breach or alleged breach of this Agreement, shall be fi~ commenced, and nothing shall be done by any PARTY to rescind or terminal Agreement, except as provided in this Agreeme given to the other PARTIES a reasonable time, conclusion of said joint meeting, within which t m. SEVERAB 3LIl-Y It is hereby declared to be the intention of the signatories to this Agrec that the paragraphs, sentences, clauses and phrases of this Agreement are severable, any phrase, clause, sentence or paragraph of this Agreement shall be del unconstitutional or invalid for any reason by a valid judgment or decree of a Coi competent jurisdiction, such unconstitutiondity of invalidity shall not affect any ( remaining paragraphs, clauses, phrases, and sentences of this Agreement. 26 t e a ,< .I 7GwIII. NOTICES All notices required or given pursuant to this Agreement shall be c properly served when deposited, postage prepaid, in the United States mail, addre each PARTY at the address indicated on this Agreement adjacent to the signature each PARTY. XXK. DUPLICATE ORIGINALS This Agreement can be executed in one or more duplicate original! bearing the original signatures of the parties, and when so executed each duplicate c Shall be deemed a original of the Agreement admissible h CO~ a~ evidence of the of the Agreement. XXX. APPLICABLE LAW IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on thc first above written. 27 BQIPREGQ SPRINGS RAMONA OTAY SAN mcos SYCAMORE 300,000 30 YEARS 900,OOO 16 YEARS 12,300,000 16 YEARS 4,900,000 6 YEASS 18,055,000 30 YEARS P e - EXHIBIT "B" Item 4 PERMIT LITIGATION Christward Ministry, et. al. v. County, et. al. Orange County Superior Court No. 715895 Challenge to State Water Resources Control Board permit for San M~cos L expmsicn. LANDFILL SrnG County v. Callaghan, et aL County Y. Rancsn Development, et ai. SDSC N49843 These are lawsuits seeking rights of entry for landfill siting studies on the Spring Oak County) and Merriam lVountain sites (North County), respectively. (Rights of ent been obtained on the Gregory Canyon and Aspen Road sites.) ENVIRONMENTAL Duck Pond Landfill, State Water Resources Control Board County appeal of Regional Water Quality Control Board addition of Cou~ty to Discharge Requirements. Lucas v. County San Diego Superior Court #668274 Claim for alleged damages for groundwater contamination at Ramona Landfill. Signal Landmark (Rancho Carrillo) Administrative claim for costs associated with City of Coronado/County burn site 1 a a SETTLED LITE ATION Hillsborough Master Homeowners Association v. County The County has obligation to maintain the Hillsborough Landfill through a settlemei provided $35 million to the County for upgrade, repair, and maintenance. Zinser-Furby, Inc. v. County The County is obligated to test, and possibly remove burn ash at the San Ysidro bw SAN mcos INvlERs E CONDMATION CASES The County is defendant in 19 lawsuits seeking damages related to the expansion of t Marcos Landfdl, FEE LITIGATION City of Chula Vista v. County of San Diego San Diego Superior Court #667609 Chula Vista, which never paid the economic risk surcharge, has not settled its chal The AzzthoSity would assume all rights and obligations under permits issued to the for active and inactive disposal, colkction and processing. 2 0 .., -- s>wE 3s.-c m L m aI >. c 0 m r 0- a- al a Ad L a ? $'&O- al e -2 x aI C$EZ L g t--$ ,8kC L occns 0. r 0. 0 3 2 -2% c 0) g2P - 'D c ma.- a 0 r m ;T$ a a g ::,"s x 0 0 0 r 0 m L C 0 m 80, $ e m r .;;;I Ewcn yt Y- 0 cn al 0 0 L s-, ii L 0 w"gn f2!g:, -e= z pt.3 5 4 >- .!?Z$? 0 3 .- -cm2 .C - ?L=8 oaI,pm c 05L -0 Y v 7 4 c 01 z 0) II 09 C C C .- .C ;;Eq $$$E B L -2q 0 24 Q$ 0. r -- c N i%= .c I- r c m a& .c 2.20 m L z2zz z dE mm m 0 0 > aI 2x;kl m r a 4J .. 2 f g a !4J= 0 u) .- I 44 04.. qg P 0 .. 4i X .'I al g %E% G .;;a kg .C r- a- $0 $5 5s ;% rc EU z$ .;:gz s 81 $j 85 5g2g -4 "Q L 8.2 c-2 9 g,W+ &kgrn .C a, .- .2 C" g 8 L 0 B C .C In (ft u rL3 ULaJW 44 3 c . c .- Q) 0 tn .C .r al *m -Io .r d (ftw z! 0) aw aI y~m-0 a 2- male zg e C Ln zs r- c Q)3 cno fur Zcn 0 3% A 3" LW .f ? - .- I!L mL 3% cv "0 - uaI - c wa 0 *- c e -;- .- 0 %8 m gE 2, .?. m 0 8 9 -zgjtr,4Ag m 00 .- -- L om FL -0 mw- mw c v It I1 It It m CL or .r c a0 > 0 .r Y. PO cc LLtn . tn I- --a&: UELQ C - w* .r tn a r .- ;.'I 25 om'; . ;2$ .- Lo*= .C y. 00 W In 5% -3 1 8 ; $8 q 2 Ec X2 Q 2.5 22 E =c 9 2 E *g .C o 2; --gzaJ z EZ -n -n .cr ;g ; g FF 3 i 0 Q) 22 '5"& .3 ; g 2 ;a- E w $Si5 r 0 2: e.EzA: pgQ)Q) .- IZZt t a r- a0 - aZ2q c- *-z alraIQ)o 2 m m z 'Z :e p:gSz (um r 5 t.5 :?tic + E! ~ 0 tn'; = no g gz "2.5-k * 0: 28hE ..I z O O. U).,w- LW -z Y) or LY. - .C m .- omm OLQLQ) 2, c mc cll 2 -5 0 w e 0 Y.Y. a OQ) b- 5mCm= ala .z g.; 8 g U SW al- LLd 0 Q) s-0 .-La- w-L cnc ai- 1 I THE FOLLOWING DOCUMENT WAS APPROVED BY THE AUDI"/BUDGE HOC SUBCOMMITTEE AT THE MEETING OF MARCH 30, 1994 DISTRIBUTION TO THE COMMISSION, 0 e March 31, 1994 Dear Fellow Commission Members: Enclosed is the two-year budget document that your Audit and Budget Subcommitt been working for the past several months. This endeavor included the assistance County's Chief Administrative Office and the Solid Waste Division staff. We we1 fortunate to have the assistance of the Management Committee, specifically Jack S Jim Bowersox and Rich Hays as well as the outside resource assistance of Jeff RitcE John Dadian. After numerous meetings and hours of work, we are pleased to deliver Commission the results of our deliberations. With the exception of the numbers attached to NCRRA and the host/mitigation fee which will both be discussed as policy items, we feel comfortable in expressing to y endorsement of the numbers contained herein. There are several areas where modifications or changes can be made, but in our collective judgement these line iten be accepted as fixed costs of the System. Continuing dialogue on the budget and specific items contained herein is recomm In our estimation the budget should be considered an evolving document. Governance is determined, a group of technical experts should be identified to ass1 zero based budgeting approach for the entire System. This would include analyzing di options and approaches for utilization by the JPA, including but not limited 1 privatization of certain aspects of the System. Please accept this information as the best efforts of the Audit and Budget Subcod work with this complex subject in the limited time available. Sincerely, Audit/Budget Ad Hoc Subcommittee PAM SLATER, Chair DAL WILLIAMS, Vice Chair HENRY BARBANEL JERRY HARMON APPROIZD FOR DISTHBUTION WTHOUT SIGNATURES Attested by: y4)4 PROJECTED ANNUAL TONNAGE 1,680,000 1,450,000 1,406,5oE MIXED WASTE: 1,570,000 1.350,m 1,306.5oE CLVIN GREEN WASTE: 110,Ooo 100 000 100,00( $8,217,685 $7,706,157 (1) $5.36 $7,937,34' ve Landfill Closure Reserve ($3.90/ton): $5,967,000 $5,011.500 $3.48 $4,841,85 $2,055,476 $1.670.900 $1.16 $1,614,26 $0 $1.350.000 $0.94 $1.306,o(h $5,355,000 $4,626,000 $3.22 $4,345,25( $3,OsO,000 $2,500,000 $25.00 (2) $25OO.M3( $5,942923 $13,518,742 $9.40 $14,059.49: $5,079,769 $11,700,000 (3) $8.13 $11,700,00( $1.450,000 $1,866,750 $1.30 $1.789.82( Hauling & Cover Material - Inactive Sites: s00.m $soo,000 $0.56 $840,00( Aptech Contract-Loadcheck/Landfilk: $510,000 $952,000 $0.66 S52.N $2,004,300 $1,72l,900 $1.20 $1,663.61 Aptech Contract @ Inactive Sites: $0 $396,~ $0.28 $396,8a Aptech Contract-House. Hazardous Waste: $632.574 $=%000 $0.39 $555.00( EHS Staff/Media-House Hazardous Waste: $454,926 $454,926 $0.32 $454,921 LEA Services-Active Sites: $431,250 $427,500 $0.30 $427,50( LEA Services-Inactive Sites: $143,750 $142,500 $O.J 0 $142,50( $soo,ooo $600,000 $0.42 $624,001 $360,000 $375,000 $0.26 $390,001 $100,000 $100,OOO $0.07 $100.00 Mulch Hauling Contract: $375,000 $375,000 $0.26 $375,001 County & DPW Overbead: $3,026.604 $2,978,050 (4) $207 $2,978,051 RWQCB & APCD Fees: $125,OOO $153,200 $0.1 1 $153.20 Interfund Equipment Charges: $959,818 $s75.m $0.47 $702.00 Equipment Rental: $423,335 $329,400 $0.23 $34237 Rent @ Ridgehaven, Palomar & Storage: $0 $135,596 $0.09 $275,79 Facility ImpravementlMaior Maintenance: 5708,920 $725,000 $0.50 $725.00 Equipment Maintenance: $59,278 $59,278 $0.04 $59,27 Structure Maintenance @ Bin Siies: $137,420 $1 37,428 $0.10 $142.92 Groundwater Evaluation @ inactive Sites: $0 $1,300,OOO $0.90 $1.300,00 Groundwater Evaluation @ Active Sites: Q $1.250.000 $0.87 $1,250.00 interdepartmental Support $1,405576 $1,400,000 $0.97 $1.456,00 $400.000 $400,000 $0.28 $400,00 $l00,ooO $97.400 $0.07 $101,29l $101,546 $100,340 $0.07 $104.S $150.500 $150,500 $0.10 $156,521 $5,ooO $5.OOo $0.00 @.OM $52,583 $51,750 $0.04 $53,821 $21,306 $132,450 $0.09 5137.74 . Contingency ($1.4 mill. funded Capital in 93/94): Sl,800.000 $0 $0.00 $ . IlAGSDC Contract: $200.000 $200,0W $0.14 $200,001 $125,000 $0 $0.00 $ . Landfill Depletion Charge: $675,000 $675,000 $0.47 $675.00 . ISF Vehicle/Equiprnent Purchases: so $175,60(1 $0.12 $50.00 . Deposit to Facilii Reserve Fund: $626,068 $0 . $0.00 $ $1 61,850 $161.850 $0.11 $249.92 - - $55,024,465 $33 $68,1445 17 $45.63 $68.473.83 OTAL BASELINE EXPENSES: r REQUIREMENTS FOR 94/95 & 95/96: Heavy Equipment Leasepurchase (Inactive Sites): $0 $164,000 $0.12 $t64,00 Flare Maintllmprov. Contracts-Inactive Sites & San Marcos: $0 $39o,OOo $0.29 $390.00 $0 woo,OOo $0.22 $300,00 $0 $225,000 $0.17 $225,00 Cover Mat'l. @ Inactive Sites: Additional Mulch Hauling: NPOES Lab Services: $0 $20,000 $0.01 $20.00 Modify Closure Improvements-Inactive Sites: $0 $l~,OOO $0.07 $ (60.15 $200.~ $0.04 @O,W $0 ~,ooo Service for San Ysidro Burn Site: Maintenance for No. &So. PondsSan Marcos: $0 %O,oOO / I __ PI'TAL PROGRAM: RATEGY 1 - Pay As You Go: ** $77,624,465 $46 (9) $91,073,517 $6261 $87,273.21 $87,324.465 $54 $92,143.517 $63.41 $95,228.2' Reimburse Closure Fund Loan: Replace Household Ha Waste Sins Element: $0 $5Oo.O00 $0.37 $500.0( . Replace Recycling Education/Mkt Dev. Cuts: $0 $230.500 $0.17 w30.s - PKAL + REPLACEMEKT: RATEGY 1 - PAY AS YOU GO: ** $77,624,465 $46 (9) $93,304.017 $64.27 $89.503.7 RATEGY 2 - PAY AS YOU GO: ** $87,324,465 $54 $94,374,017 $65.06 $97,458,7 RATEGY 3 - PAY AS YOU GO: ** $0 $0 $94,374,017 $65.06 $120,371.7 Page 2 of 2 (1) Labor costs reflect the current 168 staff years; the &hated savings from implementing the IRI Report minimum staff level of 155 positions (2) Green waste is charged a separate $25/ton tip fee. (3) The budgeted debt service assumes the Mellon equity (which has aone time benew of approximately $6 million); the debt service without Mellon equity would be $13,296,519. (4) Possible savings could occur in this category if an independent JPA is formed. (5) Included in capital program for 93/94. (6) Debt Sewice funding was applied to Capital Projects in 93/94. m Debt Service is approximate based on $3O,OOO,OOO bond issue for 20 years @ 6.5% (per Ernst &Young Report). (8) 95/96 Debt SeM'ce includes an additional $4!5,oOo,oM) bond issue. (9) To remain at $43/ton. $3 mill. was funded from the Facility Reserve Fund. is approximately $500,000. ** PAY-AS-YOU-GO STRATEGY DEFINITIONS STRATEGY 1: Essential projects only (postpone some required system improvements and new landfill projects) STRATEGY 2 Pay as you go (essential projects plus required system improvements) STRATEGY 3: Pay as you go (with accelerated schedule for inactive site closures) (BUD9495A WQI) E ea L E 0 *rl m m *3 6 E 8 Q) .y Cci 0 0 0 & w S Q) > 0 E L \ a 0 * 73 0 k a rn c, 5 :% 9' E *1 m 25 0 c! eA 6. a h 3 0 v, e" LC ch w ,om *r( \ a c, H c, E E 09 - I CU CI mm M 2 8 5 Q) v) I 'b 0 CD mm - M Q) E a rn *rl A e 0 YC, acse saw EcdQ)* om09 -g$J a msz ?as3 g-3 838 8Ei 3 .s * *dgzg qgms,az do = m*=*3a a,a, e g& E*Fk 0 ob 2 s=*g 2 2 2% &Ea, g &(co ; 'boa k emda *d Z 073 % Es9 a, .El &.El Q) k 6 et." 3s 6.5 o -geumQj E .2 S3P wg h cdmwm E rn c cda 3 @g? a 33 3 UG""*U Y a.5 hk.33 -3 E cd * E q 3gL.a E g 333 g.su $3 g cd a, Y has k"r:OOZ qa59 a km aomk gp'5m ;E-".. 5% h m8 s .@ 9g rn*=ggpg *h g *m E-QMoO--* 0 a *rl r%l .d 0 5 0- + s*!l Cb.3 rn O*Sh., MbQh"l 1@5S *d maw,r:OGe ah* oa, e& g ed 'S*t'SSWS =a .sasz 2 e o9'"o .d 1 k 08 bSS\k .%Eyg: 8: "h -c-c 8 0 "Pa,Z0- a -0% e43 4 eQjam G :z ~es*~ma Ern 48wLe Okk a, E$ &E S*&,,ggg$ ma, t '-3.5L. 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