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Res 97-081RESOLUTION NO. 97-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY APPROVING A JOINT POWERS AGREEMENT ESTABLISHING THE REGIONAL SOLID WASTE ASSOCIATION AND APPOINTING CITY COUNCILMEMBERS AS THE REPRESENTATIVE AND ALTERNATE REPRESENTATIVE OF THE CITY WHEREAS, the California Integrated Solid Waste Management Act (the"Act") sets forth the responsibilities, obligations, powers and authorities of local agencies, including the City of Poway, for the effective, safe, and efficient collection, disposal, and management of solid wastes generated within the State of California, subject to certain oversight responsibilities and authorities of the State of California; and WHEREAS, the City of Poway has undertaken to satisfy and meet its responsibilities under the Act for the effective, safe, and efficient collection, disposal, and management of solid wastes generated within the community through a franchise agreement with a private company for collection of solid wastes and agreements with the County of San Diego for disposal of solid wastes; and WHEREAS, the County of San Diego has recently discontinued its operation of solid waste disposal sites within the County and has sold offits solid waste assets, creating uncertainty as to the terms and conditions under which the solid wastes collected within the City of Poway may be properly disposed; and WHEREAS, the City of San Marcos has within the past year caused the closure of the San Marcos landfill site, previously owned and operated by the County of San Diego, requiring that solid wastes from northern San Diego County must now be transported considerable distances to alternate available disposal sites; and WHEREAS, having been aware of these pending changes in the ownership and availability of available solid waste disposal sites within San Diego County, the City Council has previously approved of combined efforts with other cities having similar concerns and needs to develop a joint plan for effective representation in negotiating and acquiring long term and dependable rights to dispose of solid wastes from the community in a safe and cost-efficient manner, and to secure facilities for proper transfer and preparation of collected solid wastes for transportation to distant disposal sites; and WHEREAS, the combined efforts of these cities have led to the recognition of the need for the establishment of a Regional Solid Waste Association, as a joint powers authority created in parmership with the member cities, for the purposes of representing the member cities in negotiating and securing long term, dependable rights for disposal of solid waste and acquiring suitable facilities for the transfer and transport of solid waste to the disposal sites; and WHEREAS, the City Council has reviewed and considered the joint powers agreement prepared and proposed for the establishment of the Regional Solid Waste Association, and has determined that it is in the best interests of the public, satisfies the City's obligations under the Act, and is within the authority granted to the City by the Act, to approve the proposed agreement. Resolution No. 974381 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That certain proposed joint powers agreement (the "Agreement") for the establishment of the Regional Solid Waste Association (the "RSWA"), a copy of which is now on file and available for inspection in the office of the City Clerk, which Agreement is to become effective upon the approval by four of the proposed member cities as of September 1, 1997, be and hereby is approved, and the Mayor of the City of Poway is directed to immediately execute the Agreement on behalf of the City, and to cause that executed copies of the Agreement, along with a certified copy of this resolution, be forwarded to other cities approving the Agreement. SECTION 2. The City Council hereby appoints and designates Councilmember Mickey Cafagna as a representative Member of the City of Poway to the Board of Directors of the RSWA, to be effective immediately. The City Council hereby appoints and designates [4ayor Don ~tJ §§i nson as the representative Alternate Member of the City of Poway to the Board of Directors of the RSWA. SECTION 3. This resolution shall be effective immediately upon the date of its adoption. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof this 16th day of September, 1997. Don Higginson, Mayor ATTEST: Marjorie Ki Wahlsten, City Clerk Resolution No. 97-081 Page 3 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution Number 97- 081, was duly adopted by the City Council at a meeting of said City Council held on the 16th day of September, 1997, and that it was so adopted by the following vote: AYES: CAFAGNA, GOLDBY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: EMERY Marjori(e K. Wahlsten, City Clerk City of PoWay