HomeMy WebLinkAbout1993-06-22; City Council; Resolution 93-186* w
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RESOLUTION NO. 93-186
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA
APPROVING AN AMENDED AGREEMENT BY,
BETWEEN AND AMONG THE COUNTY OF
SAN DIEGO AND VARIOUS CITIES OF THE
COUNTY ESTABLISHING AN INTERIM SOLID
WASTE COMMISSION AND PROVIDING FOR THE
DISPOSAL OF SOLID WASTE
WHEREAS, elected representatives of the County of San Diego, and various cities
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11 cities and the County Board of Supervisors; and,
the County had negotiated an inter-governmental agreement regarding solid waste; ar
WHEREAS, the original agreement would only become effective if approved by
12 WHEREAS, the original Interim Agreement was not approved by all cities; and,
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participate in the Interim Agreement; and, l5
Agreement providing it would become effective when signed by any city desiring 14
WHEREAS, the County Board of Supervisors subsequently amended the Intel
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WHEREAS, the City Council of the City of Carlsbad, California has determined ii
be in the public interest to approve such an Agreement with certain modifications;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb
' California as follows:
1. That the above recitations are true and correct.
2. That the amended Interim Agreement attached hereto as Attachmeni
and the First Addendum attached hereto as Attached B are hert
approved.
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3. That the Mayor is hereby authorized and directed to sign the Agreemc
and Addendum on behalf of the City.
4 11 PASSED, APPROVED AND ADOPTED by the City Council at a regular meeting
5 11 the Carlsbad City Council held on the 22nd day of JUNE , 1993 by 1
6 following vote, to wit: I1
7 11 a AYES: Council Members Lewis, Stanton, Kulchin, Nyg,
9 NOES: None
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ABSENT: None
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ATTEST:
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17 ALETHA L. RAUT
18 (SEAL)
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b 0 . XTTACHHENT A
'ro RESOLCTION
APPROVED BY STEERING COMMITTEE, 11 May 195 Amended for Signature by Any or All Citit 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 ("INTERIM AGREEMENT") , is entered into b: between and among the County of San Diego (llCOUNTY1t) and ce&&
Cities within the COUNTY, for the purpose of providing a coninii'et
flow of solid waste that serves as a basis for the COUNTY to iss bonds to finance the expansion and/or closure of the San Marc
. . . . . . . . . . . . . . .
NOW, therefore, the undersigned COUNTY and Cities (collective1 "Member Agenciesv1) agree to participate in good faith in t
performance of this INTERIM AGREEMENT, and to act in a manner th conforms to the spirit, intent and general premises of this INTEF AGREEMENT, and in accordance with the following:
1.0 MEMBERSHIP
1.1 COUNTY Membership. To be a signatory of this INTEE AGREEMENT and participate as a full member of the Intel
Commission, the COUNTY is committing 100% of its Acceptable Was flow in accordance with the provisions of Part 3 of this documer
1.2 City Membership. To be a signatory of this INTERIM AGREEMI and participate as a full member of the Interim Commission, e;
city is committing at least 50%, and may commit up to loo%, of 1
Acceptable Waste flow in accordance with the provisions of Pari of this document.
a. A member city committing at least 50% of its Acceptal
Waste flow at the time of signing this document may, until Decem:
1, 1993, deliver more than its committed Acceptable Waste tc
COUNTY facility and such additional waste shall not be subject the Economic Risk Surcharge set forth in this document at Part section 3.6, subsection d.
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APPROVED BY STEERING COMMITTEE, 11 May 199 Amended for Signature by Any or All Citie Page 2
b. On or before Jan#~yil.~Ifii~~:.:..1,9s4-, a member city may file written addendum, in a form.....acceptable to the Interim Commission committing Acceptable Waste in addition to that committed i
Section 1.2 (a) to the Interim Commission; on the terms set fort
in Section 3.10.
1.3 City of San Dieso Membership. Based on the City of Sa Diego's unique role in regional waste management issues, the Cit
of San Diego may participate as an ex-officio non-voting member c
the Interim Commission. The COUNTY will negotiate a separat
agreement with the City of San Diego which reflects the City of Sz
Diego's unique role in regional waste management issues. SUC agreement will be brought before the Commission for review ar comment prior to adoption.
2.0 EFFECTIVE DATE, TERM
2.2 Term. Except as otherwise provided in Part 3 of this INTER. AGREEMENT concerning the commitment and disposal of Acceptab Waste, the term of the INTERIM AGREEMENT shall expire on May 3
1994, unless sooner terminated by creation of a permane governance entity pursuant to Section 4.5(c).
3.0 COKMITMENT OF SOLID WASTE FLOW
AND DISPOSAL OBLIGATION
3.1 Title. This Part of the INTERIM AGREEMENT shall be known
the "Flow Control Covenant. 'I
3.2 Commitrent of Acceptable Waste. To the extent allowed by la
each Member Agency agrees that the portion of its Acceptable Was designated in the execution section of this document shall
delivered to the facility that the COUNTY reasonably designate For purposes of this agreement, a 50% commitment COnStitUteS t tonnage commitment for the respective Cities as set forth Exhibit ltA1I, until adjusted by the Interim Commission. The Intel
Commission may review the tonnage commitment and revise 1
apportionment.
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APPROVED BY STEERING COMMITTEE, 11 May igg Amended for Signature by Any or All Citie Page 3
3.3 Acceptable.Waste Defined.
a. IIAcceptable Wastetg is garbage, refuse, waste and 0th matter which is legally acceptable at a Class I11 landfill pursuar to California Code of Regulations Title 23, Subchapter 15 or undc
such laws or regulations as are in effect at the time of disposi
which is generated within its respective jurisdiction which, fc
the COUNTY, consists of the unincorporated area. Except: was1 generated by a State or Federal governmental entity unless tl Member Agency has exercised control over such waste and chooses 1
commit it; or waste generated by any person and transported c disposed of by or on behalf of a self hauler hauling less than ! tons per month.
b. Each Member Agency shall have the right, without penalt
to recycle (as defined at Public Resource Code S 40180) any sol waste (as defined at Public Resources Code S 40191) by any mea selected by the Member Agency and any such recycled material sha be excluded from the commitment otherwise made to the COUNTY this Flow Control Covenant. However, if the residue of t
recycling process which can legally be disposed of at a Class I landfill exceeds five percent (5%) of such recycled material, su process residue shall be returned to the System for disposal unle exempted by the COUNTY.
3.4 Enforcement of Flow Control. To the extent allowable by la
each Member Agency shall establish, implement and carry out a was flow enforcement program which is sufficient to assure complian with the Flow Control Covenant. This program may include to t
extent necessary and appropriate in the circumstances, but sha
haulers (on an exclusive or nonexclusive basis) , upon the conditj
of compliance with the Flow Control Covenant, (2) adoptj ordinances or resolutions requiring compliance with the F1 Control Covenant, and (3) taking enforcement actions under i such license, permit, franchise, ordinance or resolution. Dirc
municipal collection of Acceptable Waste shall not be requil hereunder unless all other available means and methods of enforc:
the Flow Control Covenant have been unsuccessful. If any event circumstance (including without limitation a change or advei
interpretation of applicable law) impairs or precludes complial with the Flow Control Covenant by the means or methods then be.
employed by the affected party, such party shall implemc alternative or substitute means and methods to enable it
lawfully satisfy the terms and conditions of the Flow Cont, Covenant. If a change or interpretation in applicable law impa
or precludes either party from complying with the Flow Cont
j not be limited to, (1) licensing, permitting or franchisi
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APPROVED BY STEERING COMMITTEE, 11 May 195 Amended for Signature by Any or All citit
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Covenant by any means, such party shall use its best efforts, I the extent practicable and subject to indemnification by tl COUNTY, to effectuate executive, legislative or judicial change
or relief from the applicability of such law so as to enable Cil lawfully to resume compliance with the Flow Control Covenant l
soon as possible following such change or interpretation
applicable law. Compliance by the affected party with i
obligations under this paragraph shall be deemed sufficient satisfy the its obligation to enforce the Flow Control Covenant
a. Power to Exercise Flow Control.
Each Member Agency represents that it has the righ power and authority under existing applicable law to enter int comply with, implement and enforce the Flow Control Covenant. Ea party shall use good faith and best efforts to preserve, prote and defend its right and power to enter into, comply wit implement and enforce the Flow Control Covenant in accordan
herewith against any challenge thereto, legal or otherwi (including any lawsuits by or against such party, whether plaintiff or defendant) by any person based upon breach contract, violation of law or any other theory.
b. Consistency of Affreements.
As soon as practicable after the Effective Date, 2 licenses, permits, contracts, agreements, leases, franchise ordinances and resolutions of the affected party which are lawfu: in effect with or pertaining to any person relating to or affect:
Acceptable Waste shall, if and to the extent necessary, be amen( to provide explicitly that the affected party shall have the ric without material restriction to direct the delivery of 4 committed Acceptable Waste in accordance with the Flow Cont:
Covenant. On and after the Effective Date, the affected pa: shall not enter into, issue or adopt any license, permit, contra( agreement, lease, franchise, ordinance or resolution which
materially inconsistent with the Flow Control Covenant.
3.5 COUNTY'S Disposal Obliuation. In a manner that is economic
fiscally sound and reasonably protects the environment, the COU 'agrees to dispose of the Acceptable Waste directed by Mem Agencies to the COUNTY under this Flow Control Covenant.
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APPROVED BY STEERING COMMITTEE, 11 May 199 Amended for Signature by Any or ~ll Citie
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3.6 Disposal Charcres. The COUNTY may only charge a Member Agent for the disposition of Acceptable Waste by imposing a fee in a
amount that does not exceed the COUNTY'S cost for providing SUC
disposal. All revenue, including interest earned thereon, frc disposal charges shall be placed in the Solid Waste Enterprise Fur used only for solid waste purposes.
a. Tip Fee to Member Asencv. The Tip Fee charged by tl
COUNTY for the disposal of Acceptable Waste within the System sha.
be sufficient to fund the reasonable and necessary costs fc operation, management and financing of the System, includinc
solid waste facility closure and post closure costs, solid was. facility and mitigation fees. For the disposal of Acceptable Was.
the COUNTY shall charge all sources in the unincorporated area, a: shall charge a Tip Fee for waste delivered from a Member Agency
(1) Solid Waste Facilitv Fee.
(a) To the extent allowed by law, the COUNTY sha charge a Facility Fee for waste delivered f
processing or disposal to a system facility. T
COUNTY shall pay-over the collected Facility Fee the City or COUNTY in the case of t unincorporated area in whose jurisdiction t
facility is located to compensate the hosti
member for the reoccurring impacts of having t
facility within its jurisdiction. The Facility E shall initially be set at an amount equivalent
the appropriate percentage for the facility t\
(as described below) , as that percentage of the 'I Fee in effect on January 1, 1993. Thereafter, t Facility Fee shall be adjusted automatically i
concurrently with any increase in the Tip Fee, an amount equal to the percentage increase in I Tip Fee but not greater than five percent (5%)
the then current Facility Fee, whichever is les:
(b) Facility types and percentage of the Tip Fee* (In effect on January 1, 1993):
0 Landfill = 10% of Tip Fee ($2.80)
0 Mixed Solid Waste Material Recovery Facili
0 Transfer Station = 5% of Tip Fee ($1.40)
= 7.5% of Tip Fee ($2.10)
*For the purpose of the calculation in this section, the Tip Fee does not include the
Facility Fee or the Mitigation Fee.
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APPROVED BY STEERING COMMITTEE, 11 May 199: Amended for Signature by Any or ~ll Citie:
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(c) If a jurisdiction has more than. one Facility at .the same location, or contiguous
location, it would receive the higher of the applicable Facility Fees, but not more than one Facility Fee.
(d) The Facility Fee for all future facilities shall be the Facility Fee for that
type facility as of January 1, 1993 with
adjustments as described in subsection (l),
above.
2. Miticration Fee.
(a) To the extent allowed by law and commencir July 1, 1993, the COUNTY shall impose a Mitigatic Fee for waste delivered to a system facility. TI
Mitigation Fee shall be in an amount that is fi\ percent (5%) of the Tip Fee in effect on January 3
1993. Thereafter, the Mitigation Fee shall 1
adjusted automatically and concurrently with a1
increase in the Tip Fee, by an amount equal to tl percentage increase in the Tip Fee or an amount nc greater than five percent (5%) of the then currel Mitigation Fee, whichever is less.
(b) Mitigation Fee funds shall only be used fl specific projects that correct a documented impa'
arising from a system facility. Any City or t COUNTY for the unincorporated area may apply to t COUNTY for a share of the Mitigation Fee fund Mitigation Fee funds shall not be used for
mitigation measure which is required for complian with the California Environmental Quality Act any other regulatory process. Moreover, any Memb Agency which is receiving a Facility Fee for
particular facility will not be eligible to recei Mitigation Fee funds for that same facility.
b. Economic Risk Surcharse.
(1) To the extent allowed by law, in order to offset 2
increased costs to the system and account for i
economic risks created by non-committed waste bej deposited into the system, COUNTY may impose an Econor
Risk Surcharge for the disposal of Acceptable Waste fl a non-signatory source or from a Member Agency in excc
of the portion of Acceptable Waste committed under 1
Flow Control Covenant.
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APPROVED BY STEERING COMMITTEE, 11 May 19s Amended for Signature by Any or ~ll citic
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(2) From JULY 1, 1993 to JU;.;XY 1, 1994 the- surcharc shall not exceed fifty percent..(50%) of the Tip Fee 1
effect at the time ,>f the transaction, excluding tk
Solid Waste Facility Fee and the Mitigation Fee, if an)
The criteria used to establish the Economic Ri:
Surcharge include but are not limited to: capiti charges, the increased depletion rate of landfi: capacity and timing. effects. Economic Risk Surcharc
funds shall only be used to pay for the costs of tl operation, management and financing of the dispos; system.
3.7 Protection of Flow Control Covenant. If any challenge raisi
issues common to the Member Agencies under this Flow Contr, Covenant, the COUNTY through the Solid Waste Enterprise Fund sha indemnify and hold harmless the affected party from the reasonab costs, fees and expenses properly allocable to defending such rig and power.
3.8 Expiration and Reversion of Flow Control Covenant.
a. Expiration. This Flow Control Covenant shall expire
the first of any of the following to occur:
(1) No Bond Issue. As to all members, on May 31, 199
unless the COUNTY first relies on the Flow Contr Covenant in issuing bonds to finance the San Marc facility expansion and/or closure and to provi
financing for other solid waste projects in t approximate amount of $60 to $100 million;
(2) Expiration of Term of Bond. As to all members,
the COUNTY timely issues the bonds described 'above, t Flow Control Covenant shall expire upon the expiration the term of such bonds or upon the refinancing of SI
bonds, but in no event later than 20 years from the di of the original bond issuance.
(3) ImDroDer Charqe. As to affected members, if '
COUNTY imposes on a Member Agency a fee that is 1 consistent with this Flow Control Covenant and after days written notice from the Interim Commission, COLT .fails to adjust the fee so as to be in compliance w
this Flow Control Covenant and fails to refund or gr
a credit for any over-charges;
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APPROVED BY STEERING COMMITTEE, 11 May i99
Amended for Signature by Any or All Citie Page 8
(4) Failure To Dismse. As to affected membe-rs, if tt COUNTY is unable to dispose of all of the committc
Acceptable Waste from the member and after 60 da) written notice from the Interim Commission County fail to dispose of such waste; or
(5) Leaal ImDossibi~itY. As to affected members, if ti
law precludes a member from directing the flow 1 Acceptable Waste to the COUNTY.
b. Reversion.
(1) To Member. Upon expiration of the Flow Contr
Covenant to the COUNTY, the member's commitment of fl shall revert to the committing member;
(2) To Interim Commission. In the event that permanent governance entity'is not established pursua to Section 4.5 (c) any flow committed to the Inter Commission shall be retained by the Commission, allowed by law, otherwise to the Member Agency.
(3) To Permanent Entity. If a permanent governar entity acceptable to the Interim Commission established pursuant to Section 4.5 (c) , the membel commitment of flow shall be assigned to that permanc
entity on the terms specified in the document creat: the permanent entity.
3.9 Continuation of Interim Commission. Notwithstanding Sect:
2.2 hereof, the Interim Commission established in Part 4 Shi
continue to exist so long as is necessary to accomplish 1 purposes of Part 3.
3.10 Flow Commitment to Interim Commission. Flow commitment to . Interim Commission shall be subject to the following covenants
the Member Agencies:
a. The commitment shall be for the same term of the init commitment made to the COUNTY.
b. The COUNTY shall dispose of the commitment to the Inte Commission without surcharge until May 31, 1994.
c. In the event that a permanent governance entity established pursuant to Section 4.5(C), the flow committed to
Interim Commission shall be assigned to that entity. In the et
that such an entity is not established, the Interim CommisE shall retain the commitment.
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APPROVED BY STEERING COMMITTEE, 11 May 199 Amended for Signature by Any or All Citie
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3.11 Alleuation of Breach. In the event that a Member Agenc alleges that another Member Agency has breached any part of thi Part 3 or Section 4.6 the dispute shall be submitted to the Interi
Commission; the determination of the Interim Commission shal constitute a rebuttable presumption of compliance with or breach c such part or section.
4.0 ESTABLISHMENT OF Interim Commission
4.1 Establishment. There is hereby established the Inter
Commission to accomplish the purposes set forth herein.
4.2 Composition. The Interim Commission shall consist of 0: commissioner from the County of San Diego who shall be Supervisor; one commissioner from each member city who shall be mayor or councilperson: and one ex-officio commissioner from t City of San Diego who shall be a mayor or councilperso
Commissioners shall be appointed by their respective governi bodies which may also appoint an alternate commissioner.
4.3 Procedures. The Interim Commission shall be subject to t
Ralph M. Brown Act (Gov. Code SS 54950 & sea.) and shall adc
regulations to govern its internal operation.
a. A Chairperson and Vice-Chairperson shall be chosen by t Interim Commission.
b. The Commission shall meet at least once each month on t
Commission's established regular meeting date.
c. Special meetings may be called at the request of th~ commissioners with a minimum of 72 hours notice to all membc of the Interim Commission.
.d. A majority of the commissioners shall constitute
quorum.
e. Actions shall be determined by a majority vote of commissioners, based on one vote per Member Agency. Interim commission may amend this document to establ
procedures for a "Weighted Vote. I'
4.4 Staff for Interim Commission. The COUNTY agrees to prov
such County administrative staff as requested by the Inte
Commission. The Interim Commission may request assistance from staffs of the members.
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. APPROVED BY STEERING COMMITTEE, 11 May 1'95 Amended for Signature by Any or All Citic
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4.5 Role of Interim Commission.
a. Advice. The Interim Commission shall provide advice 1
the Board of Supervisors of the COUNTY on the following matte]
that concern solid waste facilities, operation, rates a]
financing: capital projects in excess of $50,000, dispos; alternatives if the San Marcos site is closed, other dispos; options, outside-county disposal, intra-county transfer of sol waste and Tip Fees.
b. Notice and Opportunitv to Advise. Before considering
solid waste matter listed in Section 4.5(a), the COUNTY wi provide to the Interim Commission a full staff report on each sol waste matter to be addressed by the COUNTY'S Board of Supervisor in sufficient time for the Interim Commission to consider t
matter on the agenda of the Interim Commission's regular meetin The COUNTY is not required to comply with this process when emergency condition must be addressed and there is insufficie time for compliance. In the event of such emergency, the COUN shall provide a staff report to an Executive Committee appointed the Interim Commission.
c. Develop Permanent Governance Entity. The Inter Commission shall consider alternative organizational structure including a joint powers agreement, for exerting a unified effc
to accomplish regional, solid waste objectives. No later than b
31, 1994, the Interim Commission shall develop a permanc governance entity designed to maximize the members' collectj strength in pursuing their interests in disposing of solid wast
The permanent governance entity:
(1) Shall include all participating cities and 1
COUNTY;
(2) Shall be empowered to contract for solid wa:
processing and disposal; and
(3) May be empowered to (a) take over and operate ' COUNTY facilities, (b) create new facilities and contract with outside providers.
d. Acceptable waste DiSROSal. The Interim Commission sh provide for disposal of Acceptable Waste flow committed to
Interim ~ommission.2
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APPROVED BY STEERING COMMITTEE, 11 May 199: Amended for Signature by Any or All Citie: Page 11
4.6 Attainincr Sub-Reaional Disposal Objectives. Durinq the terl
of this INTERIM AGREEMENT, the COUNTY and the other Member Agencie;
agree :
a . Process. To plan and implement the objective o
providing facilities to meet the waste disposal needs of th various sub-regions of the County of San Diego, withou unreasonably impacting another sub-region in an adverse manner Any dispute shall be resolved by the Interim Commission i
accordance with Section 3.11.
b. North County Disposal Option. The County will use it best efforts to provide a North County disposal option.
c. Waiver of Geoaraphic Objection. On condition that tk covenants set forth in Section 4.6(a) and (b) are being performec not to object, on the basis of geographic origin, to the directic of Acceptable Waste to any facility.
5.0 MISCELLANEOUS PROVISIONS
5.1 Withdrawal.
a. Procedure. If any Member Agency requests to withdr,
from this INTERIM AGREEMENT, the Interim Commission shall calcula.
the impact on the system of such agency's withdrawal taken conjunction with all other members desiring to withdraw, and sha
thereafter formulate, in negotiat.ion with all such agencies, a s of final terms and conditions for early withdrawal which wi become effective upon approval of the Interim Commission.
b. Limitation On Withdrawal Charqes/Penalties. There sha
be no charge or penalty imposed on the withdrawing Member Agency the reason for withdrawal is the expiration of the Flow Contr Covenant as to the withdrawing member.
c. SuEgival. Notwithstanding Section 2.2 hereof, th
section 5.1 shall survive as long as the Interim Commissj
survives.
5.2 Notices. All notices, demands or requests pursuant to tk
INTERIM AGREEMENT shall be in writing. All notices, demands i
requests to be. sent to any member shall be deemed to have bt
properly given or served:
a. On the date of actual personal service; or
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L APPROVED BY STEERING COMMITTEE, 11 May 199: Amended for Signature by Any or All Citie:
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b. On the date actually received, if deposited in the Unite,
States mail, addressed to such party at the address of the Membe: Agency's regular meeting chambers, or other address designated b:
the Member, postage -prepaid, registered or certified, and wit: return receipt requested.
5.3 Non-Severability. In the event that a substantive provisio of this INTERIM AGREEMENT shall be determined to be invalid illegal, or unenforceable in any respect, the parties hereto shal
negotiate in good faith such amendments, modifications, c supplements to this INTERIM AGREEMENT or such other appropriat action as shall, to the maximum extent practicable in light of SUC determination, implement and give effect to the intentions of th parties as reflected herein. If negotiations in good faith fail the INTERIM AGREEMENT, including the Flow Control Covenant, i
terminated.
5.4 Waiver of Breach., No breach of any provision herein can 1 waived unless in writing. Waiver of any one breach of ar
provision herein shall not be deemed to be a waiver of any othe breach of the same or other provision hereof.
5.5 Remedies. All Parties hereto shall have the right to commenc any action at law or equity, including specific performance, .
remedy a breach of the terms herein, provided that neither Par'
shall have the right to terminate this Agreement except as provid'
herein.
5.6 No Third Party Ricfhts. There are no third par
beneficiaries of this Agreement. No action may be commenced
enforce this Agreement, except by a Member Agency.
5.7 Counterparts. This document shall be executed
counterparts.
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. APPROVED BY STEERING COMMITTEE, 11 May 199: Amended for Signature by Any or All Citie:
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IN WITNESS WHEREOF, the parties have signed this INTER11
AGREEMENT as Of the dates set forth.
COUNTY OF SAN DIEGO committing 100% of its
Acceptable Waste flow
Date :
CITY OF LA MESA
committing - % of its Acceptable Waste flow. Date:
By : By :
ATTEST : ATTEST:
SUPERVISOR MAYOR
CLERK CITY CLERK
CITY OF CARLSBAD committing - 100 % of its
CITY OF CHULA VISTA
committing % of its
Acceptable Waste flow. -
Date: .
By :
ATTEST :
MAYOR
CITY CLERK
CITY OF LEMON GROVE committing % of its
Acceptable Waste flow. Date:
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By :
ATTEST :
MAYOR
CITY CLERK
CITY OF NATIONAL CITY committing % of its Acceptable Waste flow.
Date:
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By :
MAY OR ATTEST :
CITY CLERK
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APPROVED BY STEERING COMMITTEE, 11 May 199 Amended for Signature by Any or All Citie Page 14
CITY OF CORONADO
committing - % of its Acceptable Waste flow. Date:
By :
ATTEST :
MAYOR
CITY OF OCEANSIDE committing % of its Acceptable Waste flow.
Date :
By :
ATTEST :
MAY OR
CITY CLERK
CITY OF DEL MAR
committing - % of its Acceptable Waste flow. Date :
By : MAYOR
ATTEST:
CITY CLERK
CITY OF EL CAJON
committing - % of its
Acceptable Waste flow.
Date:
By :
ATTEST :
MAYOR
CITY CLERK
CITY CLERK
CITY OF POWAY
committing - % of its Acceptable Waste flow.
Date :
By :
ATTEST :
MAYOR
CITY CLERK
CITY OF SAN MARCOS committing - % of its Acceptable Waste flow.
Date :
By :
ATTEST:
MAYOR
CITY CLERK
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CITY OF ENCINITAS committing % of its
Acceptable Waste flow. Date:
By :
MAYOR ATTEST :
CITY OF SANTEE committing % of its
Acceptable Waste flow. Date:
By :
MAYOR
ATTEST :
CITY CLERK CITY CLERK
CITY OF ESCONDIDO
committing - % of its Acceptable Waste flow. Date:
By : MAYOR ATTEST :
CITY OF SOLANA BEACH
committing - % of its
Acceptable Waste flow.
Date:
By : MAY OR ATTEST :
CITY CLERK CITY CLERK
CITY OF IMPERIAL BEACH committing - % of its Acceptable Waste flow.
Date :
CITY OF VISTA committing % of its
Acceptable Waste flow. -
Date :
By : By :
MAY OR MAYOR
ATTEST : ATTEST:
CITY CLERK CITY CLERK
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8 ATTACHMENT "A"
CITY WASTESTREAM COMMITMENT*
Member Asencv
Chula Vista Oceanside Escondido
El Cajon
Vista
Carlsbad
National City
Encinitas
La Mesa
Santee
Poway
San Marcos
Imperial Beach
Coronado
Lemon Grove
Solana Beach
Del Mar
Waste Tons
82,399
80,450
65,566
52,430
44,028
38,149
34,065
32 , 844
31,399
31,289
26,371
24,854
15,767
15,503
14,327
7,663
2,875
600,000
.I
* Calculation utilizes July 1992 population figures as
approved by SANDAG
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e 0 AlTACHMENT B TO RESOLUTION 'i 3 -/ y
*
FIRST 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 PROVIDING
FOR THE DISPOSAL OF SOLID WASTE
This first addendum to the amended Interim Agreement is entered into by, betwec
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 cooperate or
regional basis with other public agencies in the management of solid waste; and
WHEREAS, there remains great uncertainty as to the cost and availability
disposal options to the City of Carlsbad; and,
WHEREAS, in light of uncertainties involving solid waste disposal, it is in t
public interest to preserve the City of Carlsbad's right to pursue alternate metha
of disposing of solid waste in a cost effective, reliable, and environmentally Si
manner.
FIRST ADDENDUM
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties her'
as follows:
1. To the extent allowed by law, the City of Carlsbad agrees to corn
100% of its acceptable waste to the Interim Commission for a per
not to exceed three years.
b 2. The Couneoard of Supervisors is urged tetablish a pay-as-you-g
d
tipping fee in order to obviate the need for long-term financing.
3. A uniform tipping fee be established for all signatories to the amended lnterii
Agreement.
4. The Interim Commission specifically address the following issues:
A. North County disposal alternatives
B. Capital Improvement and Funding Plan
C. Permanent governance organization
5. The City of Carlsbad reserves the unilateral right to withdraw from tt
amended Interim Agreement, if the above outlined conditions are not met ar
the City of Carlsbad shall not be subject to any penalty or sanctions fl
exercising its right of withdrawal.
6. These conditions are intended to replace, supplement and amend tho!
applicable sections of the proposed amended Interim Agreement approved I
the Board of Superviors on June 1, 1993 and shall control in the event
conflict between them.
IN WITNESS WHEREOF, the parties have signed this amended INTERIM AGREEMEI
as of the dates set forth.
CITY OF SAN DIEGO
committing % of its
Acceptable Waste flow.
Date:
By:
SUPERVISOR
AlTEST:
CITY OF LA MESA
commiting % of its
Acceptable Waste flow.
Date:
By:
MAYOR
AlTEST:
CLERK CITY CLERK
k 0
- CITY OF CARLSBAD committing 100 % of its
Acceptable Waste flow. -
ATTEST:
CITY CLERK
CITY OF CHUM VISTA .
committing % of its
Acceptable Waste flow.
Date:
By:
MAYOR
ATTEST:
CITY CLERK
CITY OF CORONADO
committing % of its
Acceptable Waste flow.
Date:
By:
MAYOR
ATTEST:
CLERK
e
CITY OF LEMON GROVE
commiting % of its
Acceptable Waste flow.
Date:
By:
MAYOR
ATTEST:
CITY CLERK
CITY OF NATIONAL CITY
commiting % of its
Acceptable Waste flow.
Date:
By:
MAYOR
ATTEST:
CITY CLERK
CITY OF OCEANSIDE
commiting % of its
Acceptable Waste flow.
Date:
By:
MAYOR
ATTEST:
CITY CLERK
I b cm OF DEL MAR
L committing % of its - Acceptable Waste flow.
L Date:
By:
MAYOR
AlTEST:
CITY CLERK
CITY OF EL CAJON
committing % of its
Acceptable Waste flow.
Date:
By:
MAYOR
AlTEST:
CITY CLERK
CITY OF ENClNlTAS
committing % of its
Acceptable Waste flow.
Date:
By:
MAYOR
AlTEST:
CLERK
CITY OF PmY
commiting % of its
Acceptable Waste flow.
Date:
By:
MAYOR
AlTEST:
CITY CLERK
CITY OF SAN MARCOS
commiting % of its
Acceptable Waste flow.
Date:
By:
MAYOR
AlTEST:
CITY CLERK
CITY OF SANTEE
commiting % of its
Acceptable Waste flow.
Date:
By:
MAYOR
AlTEST:
CITY CLERK
I
"
T 1
CITY OF ESCONDIDO
committinu %ofis P
Acceptable Waste flow.
Date:
By:
MAYOR
ATTEST:
CITY CLERK
CITY OF IMPERIAL BEACH
committing % of its
Acceptable Waste flow.
Date:
By:
MAYOR
ATTEST:
CITY CLERK
CITY OF SeNA BEACH
commiting % of its
Acceptable Waste flow.
Date:
By:
MAYOR
ATTEST:
CITY CLERK
CITY OF VISTA
commiting % of its
Acceptable Waste flow.
Date:
By:
MAYOR
ATTEST:
CITY CLERK
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