Loading...
Item 10 - Consideration of Amended Interim Agreement for Disposal of Solid Waste AGENDA KEPORT SUM~TRIBUTJ!!."O r /{Jff3 -TO: Honorable Mayor and Members of City Council FROM: James L. Bowersox, City Ma~ Stephen M. Eckis, City Attor DATE: June 15, 1993 SUBJECT: Consideration of an Amended Interim Agreement for Disposal of Solid Waste ABSTRACT On May IB, 1993, the City Council adopted an Interim Agreement for Disposal of Solid Waste with the County of San Diego. This report summarizes the action taken by the Board of Supervisors at their June 1, 1993, meeting in amending that agreement by extending the date for adoption by the cities to June 22, 1993, and eliminating the unanimous participation provision. ENVIRONMENTAL REVIEW This action is not subject to CEQA review. ~ FISCAL IMPACT Tipping fees in the future will be affected in unknown amounts by the decision to form a Commission or JPA. Tipping fees are paid by the haulers and are recovered in the trash bill sent to the customer. The City's General Fund will not be adversely impacted by the proposal. Future liabilities will be indemnified by the Enterprise Fund. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council approve the amended Solid Waste Interim Participation Agreement subject to the understanding that bonds will only be issued upon a majority vote of the Commission. ACTION - II 1 of 20 JON 1 5 1993 ITEM 103 - AGENDA REPOR_ CITY OF POW A Y TO: Honorable Mayor and Members of City Council FROM: James L. Bowersox, City Man~ DATE: June 15, 1993 SUBJECT: Consideration of an Amended Interim Agreement for Disposal of Solid Waste BACKGROUND On May 18, 1993, the City Council adopted an Interim Agreement for Disposal of Solid Waste with the County of San Diego that was based upon participation by all cities with the exception of the City of San Diego. The County had required that the agreement be adopted by all agencies no later than June 1, 1993, in order to proceed with the formation of the Interim Solid Waste Commission and development of the financing program. At the June 1, 1993, meeting of the Board of Supervisors, it was reported that six cities (Carlsbad, Del Mar, El Cajon, Encinitas, Escondido, and Oceanside) did not approve the agreement and that two cities which approved the agreement (Coronado and National City) committed 100 percent of their waste to the proposed Commission. The Board of Supervisors then amended the agreement by extending the date for adoption by the cities to June 22, 1993, and eliminating the unanimous participation provision. FINDINGS Attached is a copy of the amended Solid Waste Interim Participation Agreement (Attachment A) for City Council consideration. The following three items are the only changes to the agreement approved by the City Council on May 18, 1993: 1. Permits any number of cities to participate rather than requiring all to do so. ACTION: I 2 of 20 j JUN 1 5 1993 ITEM 10.)' Agenda Report June 15, 1993 Page 2 2. Permits amendment to the amount of tonnage of solid waste committed to the Interim Commission on or before January 1, 1994, rather than December 1, 1993. 3. Changes the effective date from June 1, 1993, to June 22, 1993. At this time, the major concern with the viability of forming the Interim Solid Waste Commission and developing a financing plan is whether or not sufficient tonnage will be available to finance the approximate $60.0 million list of projects as envisioned by the County. It has been reported that with a 50 percent commitment from all cities, 600,000 tons were available and would meet the system financing needs. The six cities not approving the agreement account for approximately 270,000 tons. In order to address the concern with respect to viability, it is suggested that attention be directed to Section 3.8 a(l) of the interim agreement. This section provides that the flow control covenant shall expire on May 31, 1994, if the bonds in the approximate amount of $60 to $100 million are not issued. If the City Council approved the amended agreement subject to the clarification that any bond issuance must be subject to a majority vote of the Commission, additional protection from unilateral action of the County would be obtained. ENVIRONMENTAL REVIEW This action is not subject to CEQA review. FISCAL IMPACT Tipping fees in the future will be affected in unknown amounts by the decision to form a Commission or JPA. Tipping fees are paid by the haulers and are recovered in the trash bill sent to the customer. The City's General Fund will not be adversely impacted by the proposal. Future liabilities will be indemnified by the Enterprise Fund. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council approve the amended Solid Waste Interim Participation Agreement subject to the understanding that bonds will only be issued upon a majority vote of the Commission. Attachments: Attachment A - Agreement 3 of 20 JUN 1 5 1993 ITEM to,} ,- RECE~VED . . ....." .~- " .' JUN 4 1993 DAVID E. JANSSEN QIountt! of ~an ~i.ego CITY OF POWAY CITY IV1MlfiGERS OFFICE CHIEF ADMINISTRATIVE OFFICER (619) 531-52SO CHIEF ADMINISTRATIVE OFFICE FAX: (618) M7-4060 1600 PACIFIC HIGHWAY, SAN DIEGO. CALIFORNIA 92101-2472 June 3, 1993 Mayor Don Higginson City of Poway 13325 Civic Center Drive Poway, CA 92074 Dear Mayor Higginson: Enclosed is an amended Solid Waste Interim Participation Agreement. The amended Interim Agreement deletes the language requiring all cities to sign. All changes to the Agreement are highlighted. . This amended Agreement was approved by the Board of Supervisors on June I, 1993, with direction that staff hand deliver it to all 17 city councils with a request that they consider and act on it by June 22, 1993. The Board of Supervisors also requested that the cities be reminded that the commitment of 600,000 tons of solid waste is required for the issuance of the $60 million in bonds; and without the commitment of this volume, the agreement will not achieve its purpose relativL to stabilizing tip fee levels through the use of bond financing. More importantly, the commitment of flow is imperative for continued operation of the region's solid waste system and planning for its future in terms of capacity, disposal options and technologies to be used. If your city does not elect to sign the Agreement, the. County will deem that you have elected to develop or will develop your own waste disposal facilities and arrangements outside the County System. The Commission, formed pursuant to the Agreement, and the County will make long-term plans and capital expenditures consistent with your decision. Given that at this time we do not know the number of signature cities, nor the total tonnage committed, we cannot gauge our expected wastestream. We respectfully submit that when this information is available to the Commission, members will choose an appropriate course of action regarding such matters as governance, financing mechanlsms and fee structures. If you have any questions regarding the Agreement, please do not hesitate to contact Deputy Chief Administrative Officer Lari Sheehan at 531-5274. ~~~ ~ AVID ~j JANSSEN . Chief Administrative Officer -. cc: City Manager ATTACHMENT A 4 of 20 nEU 103 JUN 1 5 1993 Prillt,do",.cycfH"."., _.-.-- .- . " APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All cities Page 1 AGREEMENT BY, BETWEEN AND AMONG THE COUNTY OF SAN ~IEGO AND THE CITIES OF THE COUNTY ESTABLISHING AN INTERIM SOLID WASTE COHHISSION AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE ("INTERIM AGREEMENT") This Agreement ("INTERIM AGREEMENT"), is entered into by, between and among the County of San Diego ("COUNTY") and ill!r€li$ii cities within the COUNTY, for the purpose of providing a co~rtt~a flow of solid waste that serves as a basis for the COUNTY to issue bonds to finance the expansion and/or closure of the San Marcos Landfill and to provide financing for other necessary solid waste - can mutually participate in dealing with regional solid waste matters; and to develop a permanent governance authority to deal with regional solid waste matters that will promote the long term health and safety of the residents of the COUNTY and the Cities. Now, therefore, the undersigned COUNTY and cities (collectively, "Member Agencies") agree to participate in good faith in the performance of this INTERIM AGREEMENT, and to act in a manner that conforms to the spirit, intent and general premises of this INTERIM AGREEMENT, and in accordance with the following: 1.0 MEMBERSHIP 1.1 COUNTY Membership. To be a signatory of this INTERIM AGREEMENT and participate as a full member of the Interim Commission, the COUNTY is committing 100% of its Acceptable Waste flow in accordance with the provisions of Part 3 of this document. 1.2 citv Membership. To be a signatory of this INTERIM AGREEMENT and participate as a full member of the Interim Commission, each city is committing at least 50%, and may commit up to 100%, of its Acceptable Waste flow in accordance with the provisions of Part 3 of this document. a. A member city committing at least 50% of its Acceptable Waste flow at the time of signing this document may, until December 1, 1993, deliver more than its committed Acceptable Waste to a COUNTY facility and such additional waste shall not be subject to the Economic Risk Surcharge set forth in this document at Part 3, section 3.6, subsection d. 1 5 of 20 JUN 1 5 1993 ITEM 10..3 APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All cities Page 2 b. On or before ~~fiY~~w*11W~?$~, a member city ~ay file a written addendum, in a fOrm"iiCcepEiibie 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 ci tv of San Dieqo Membershio. 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 2.1 Effective Date. This INTERIM AGREEMENT shall take effect on 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 SOLID WASTE FLOW AND DISPOSAL OBLIGATION 3.1 Title. This Part of the INTERIM AGREEMENT shall be known as the "Flow Control Covenant." 3.2 Commitment of AcceDtab1e Waste. 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 "A", until adjusted by the Interim commission. The Interim commission may review the tonnage commitment and revise the apportionment. 2 6 of 20 JON 1 5 1993 ITEM 1 0.3 - APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All cities Page 3 3.3 Acceptable Waste Defined. a. "Acceptable Waste" is garbage, refuse, waste and other matter which is legally acceptable at a Class III landfill pursuant to California Code of Regulations Title 23, Subchapter 15 or under such laws or regulations as are in effect at the time of disposal which is generated within its respective jurisdiction which, for the COUNTY, consists of the unincorporated area. Except: waste generated by a State or Federal governmental entity unless the Member Agency has exercised control over such waste and chooses to commit it; or waste generated by any person and transported or disposed of by or on behalf of a self hauler hauling less than 50 tons per month. b. Each Member Agency shall have the right, without penalty, . to recycle (as defined at Public Resource Code S 40180) any solid' waste (as defined at Public Resources Code S 40191) by any means selected by the Member Agency and any such recycled material shail be excluded from the commitment otherwise made to the COUNTY by this Flow Control Covenant. However, if the residue of the recycling process which can legally be disposed of at a Class III landfill exceeds five percent (5%) of such recycled material, such process residue shall be returned to the System for disposal unless exempted by the COUNTY. 3.4 Enforcement of Flow Control. To the extent allowable by law, each Member Agency shall establish, implement and carry out a waste flow enforcement program which is sufficient to assure compliance with the Flow Control Covenant. This program may include to the extent necessary and appropriate in the circumstances, but shall not be limited to, (1) licensing, permitting or franchising haulers (on an exclusive or nonexclusive basis), upon the condition of compliance with the Flow Control Covenant, (2) adopting ordinances or resolutions requiring compliance with the Flow Control Covenant, and (3) taking enforcement actions under any such license, permit, franchise, ordinance or resolution. Direct municipal collection of Acceptable Waste sball not be required hereunder unless all other available means and methods of enforcing the Flow Control Covenant have been unsuccessful. If any event or circumstance (including without limitation a change or adverse interpretation of applicable law) impairs or precludes compliance with the Flow Control Covenant by the means or methods then being employed by the affected party, such party shall implement alternative or substitute means and methods to enable it to lawfully satisfy the terms and conditions of the Flow Control Covenant, If a change or interpretation in applicable law impairs or precludes either party from complying with the Flow Control 3 7 of 20 JON 1 5 1993 ITEM 103 ------------------ ---- - ~ ------ 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 change 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 lawsui ts 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. consistency of Aqreements. 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 ~venant. 3.5 COUNTY's DisDosal Obliqation. In a manner that is economical, fiscally sound and reasonably protects the environment, the COUNTY agrees to dispose of the Acceptable Waste directed by Member Agencies to the COUNTY under this Flow Control Covenant. 4 8 of 20 JUN 1 5 1993 ITEM 1 0 .J - - APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for signature by Any or All cities Page 5 3.6 Disposal Charqes. The COUNTY may only charge a Member Agency for the disposition of Acceptable Waste by imposing a fee in an amount that does not exceed the COUNTY's cost for providing such disposal. All revenue, including interest earned thereon, from disposal charges shall be placed in the Solid Waste Enterprise Fund used only for solid waste purposes. a. Tip Fee to Member Aqencv. The Tip Fee charged by the COUNTY for the disposal of Acceptable Waste within the System shall be sufficient to fund the reasonable and necessary costs for operation, management and financing of the System, including: solid waste facility closure and post closure costs, solid waste facility and mitigation fees. For the disposal of Acceptable Waste the COUNTY shall charge all sources in the unincorporated area, and 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 shall charge a Facility Fee for waste delivered for processing or disposal to a system-facility. The COUNTY shall pay-over the collected Facility Fee to the city or COUNTY in the case of the unincorporated area in whose jurisdiction the facility is located to compensate the hosting member for the reoccurring impacts of having the facility within its jurisdiction. The Facility Fee shall initially be set at an amount equivalent to the appropriate percentage for the facility .type (as described below), as tnat percentage of the Tip Fee in effect on January 1, 1993. Thereafter, the Facility 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 but not greater than five percent (5%) of the then current Facility Fee, whichever is less. (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 Facility = 7.5% of Tip Fee ($2.10) 0 Transfer Station = 5% of Tip Fee ($1.40) *For the purpose of the calculation in .this section, the Tip Fee does not include the Facility Fee or the Mitigation Fee. 9 of 20 5 JUN 15 1993 ITEM 10.3 -- ---~---- ---- ______________________n..._ -------- APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All 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. Mitiqation 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 will not be e~igible to receive Mitigation Fee funds for that same facility. b. Economic Risk Surcharqe. (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 disposal of Acceptable Waste from a non-signatory source or from a Member Agency in excess of the portion of Acceptable Waste committed under the Flow Control Covenant. 10 of 20 6 JON 1 5 1993 ITEM 10.3 . - - APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All cities Page 7 (2) From !l,WY 1, 1993 to .00 1, 1994 the. surcharge shall not exceed fifty percJnt~150%) of the Tip Fee in effect at the time of the transaction, excluding the Solid Waste Facility Fee and the Mitigation Fee, if any. The criteria used.. to establish the Economic Risk Surcharge include but are not limited to: capital charges, the increased depletion rate of landfill capacity and timing effects. Economic Risk Surcharge funds shall only be used to pay for the costs of the operation, management and financing of the disposal system. 3.7 Protection of Flow Control Covenant. If any challenge raises issues common to the Member Agencies under this Flow Control Covenant, the COUNTY through the Solid Waste Enterprise Fund shall indemnify and hold harmless the affected party from the reasonable' costs, fees and expenses properly allocable to defending such right and power. . 3.8 Exoiration and Reversion of Flow Control Covenant. a; Exoiration. This Flow Control Covenant shall expire on the first of any of the following to occur: (1) No Bond rssue. As to all members, on May 31, 1994, unless the COUNTY first relies on the Flow Control Covenant in issuing bonds to finance the San Marcos facility expansion and/or closure and to provide financing for other solid waste projects in, the approximate amount of $60 to $100 million; (2) Exoiration of Term of Bond. As to all members, if the COUNTY timely issues the bonds described above, the Flow Control Covenant shall expire upon the expiration of the term of such bonds or upon the refinancing of such bonds, but in no event later than 20 years from the date of the original bond issuance. (3) rmtlrotler Charae. As to affected members, if the COUNTY imposes on a Member Agency a fee that is not consistent with this Flow Control Covenant and after 60 days written notice from the Interim Commission, COUNTY .fails to adjust the fee so as to be in compliance with this Flow Control Covenant and fails to refund or grant a credit for any over-charges; 7 11 of 20 JON 151993 ITEM 10.3 -------------- -..--...----------------..------- APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All Citi~s Page 8 (4) Failure To Diseose. As to affected membe~s, 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) Leqal Imeossibilitv. 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 to the 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 commission without surcharge until May 31, 1994. 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. 12 of 20 8 JUN 1 5 1993 ITEM 10.3 - APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All cities Page 9 3.11 Alleqation of Breach. In the event that a Me~er Agency alleges that another Member Agency has breached any part of this Part 3 or Section 4.6 the dispute shall be submitted to the Interim Commission; the determination of the Interim commission shall constitute a rebuttable presumption of compliance with or breach of such part or section. 4.0 ESTABLrSHHENT OF rnterim Commission 4.1 Establishment. There is hereby established the Interim Commission to accomplish the purposes set forth herein. 4.2 Composition. The Interim Commission shall consist of one commissioner from the County of San Diego who shall be a Supervisor; one commissioner from each member city who shall be a' mayor or councilperson: and one ex-officio commissioner from the city of San Diego who shall be a mayor or councilperson. Commissioners shall be appointed by their respective governing bodies which may also appoint an alternate commissioner. 4.3 Procedures. The Interim Commission shall be subject to the Ralph M. Brown Act (Gov. Code SS 54950 et ~) and shall adopt regulations to govern its internal operation. a. A Chairperson and Vice-Chairperson shall be chosen by the Interim Commission. b. The Commission shall meet at least once each month on the Commission's established regular meeting date. c. Special meetings may be called at the request of three commissioners with a minimum of 72 hours notice to all members of the Interim commission. d. A majority of the commissioners shall constitute a quorum. e. Actions shall be determined by a majority vote of the commissioners, based on one vote per Member Agency. The Interim Commission may amend this document to establish procedures for a "Weighted Vote." 4.4 Staff for rnterim Commission. The COUNTY agrees to provide such County administrative staff as requested by the Interim Commission. The Interim commission may request assistance from the staffs of the members. 9 13 of 20 JUN 1 5 1993 ITEM 1 0,3 ~.__..._- ----------- APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All cities Page 10 4.5 Role of Interim commission. a. Advice. The Interim Commission shall provide advice to the Board of Supervisors of the COUNTY on the following 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 Opportunity 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 Entitv. The Interim commission shall 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 COUNTY facilities, (b) create new facilities and (c) contract with outside providers. d. Acceptable Waste Disposal. The Interim commission shall provide for disposal of Acceptable Waste flow committed to the Interim Commission.2 10 14 of 20 JUN 1 5 1993 ITEM 10,3 - . APPROVED BY STEERING COMMITTEE, 11 May 1993 -- Amended for Signature by Any or All cities Page 11 4.6 Attaininq SUb-Reqional Disposal Ob;ectives. During the term of this INTERIM AGREEMENT, the COUNTY and the other Member Agencies agree: a. Process. To plan' and implement the obj ecti ve of providing facilities to meet the waste disposal needs of the various SUb-regions of the County of San Diego, without unreasonably impacting another SUb-region in an adverse manner. Any dispute shall be resolved by the Interim Commission in accordance with Section 3.11. b. North County Disposal option. The County will use its best efforts to provide a North County disposal option. c. Waiver of GeoqraDhic Ob;ection.On condition that the covenants set forth in Section 4.6(a) and (b) are being performed, . not to object, on the basis of geographic origin, to the direction of Acceptable Waste to any facility. 5.0 MISCELLANEOUS PROVISIONS 5.1 withdrawal. a. Procedure. If any Member Agency requests to withdraw from this INTERIM AGREEMENT, the Interim Commission shall calculate the impact _ on the system of such agency's withdrawal taken in conjunction with all other members desiring to withdraw, and shall thereafter formulate, in negotiation with all such agencies, a set of final terms and conditions for early withdrawal which will become effective upon approval of the Interim Commission. b. Limitation On withdrawal Charqes/Penalties. There shall be no charge or penalty imposed on the withdrawing Member Agency if the reason for withdrawal is the expiration of the Flow Control . Covenant as to the withdrawing member. c. Survival. Notwithstanding Section 2.2 hereof, this section 5.1 shall survive as long as the Interim Commission survives. 5.2 Notices. All notices, demands or requests pursuant to this INTERIM AGREEMENT shall be in writing. All notices, demands and requests to be sent to any member shall be deemed to have been properly given or served: a. On the date of actual personal service; 'or 11 15 of 20 JUN 1 5 1993 ITEM 10,3 "---~---~._~~---------_._- 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 . , term~nated. 5.4 Waiver of Breach. No breach of any provision herein can be waived unless in writing. Waiver of anyone 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 Remedies. 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. 5.6 No Third Party Riqhts. There are no third party beneficiaries of this Agreement. No action may be commenced to enforce this Agreement, except by a Member Agency. 5.7 CounterDarts. This document shall be executed in counterparts. 12 16 of 20 JUN 1 5 1993 ITEM 1 0.3 _. - APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All cities Page 13 IN WITNESS WHEREOF, the parties have signed this INTERIM AGREEMENT as of the dates set forth. COUNTY OF SAN DIEGO CITY OF LA MESA committing 100% of its " committing ___% of its Acceptable Waste flow Acceptable Waste flow. Date: Date: By: By: SUPERVISOR MAYOR ATTEST: ATTEST: CLERK CITY CLERK CITY OF CARLSBAD CITY OF LEMON GROVE committing ___% of its committing ___% of its Acceptable Waste flow. Acceptable Waste flow. -... Date: Date: By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF CHULA VISTA CITY OF NATIONAL CITY committing ___% of its committing ___% of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: - By: By: MAYOR MAYOR 'ATTEST: ATTEST: CITY CLERK CITY CLERK 13 17 of 20 103 ,J\)N 151993 ITEM 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: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF DEL MAR CITY OF POWAY committing ___% of its committing ___% of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF EL CAJON CITY OF SAN MARCOS committing ___% of its committing ___% of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK '14 18 of 20 JON 1 5 1993 ITEM 10,) - - APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All cities Page 15 CITY OF ENCINITAS CITY OF SANTEE , committing ___% of its committing ___% of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: .' By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF ESCONDIDO CITY OF SOLANA BEACH committing ___% of its committing ___% of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF IMPERIA~ BEACH CITY OF VISTA committing ___%Iof its committing ___% of its Acceptable Wast, flow. Acceptable Waste flow. Date: Date: By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK 15 19 of 20 JUN 1 5 1993 ITEM 10.3 ---------- ------ ~--~~- -- ---- - ATTACIlMENT "A" CITY WASTESTREAM COMMITMENT* Member Aaencv Waste Tons Chula Vista 82,399 Oceanside 80,450 Escondido 65,566 El Cajon 52,430 vista 44,028 Carlsbad 38,149 National City 34,065 Encinitas 32,844 La Mesa 31,399 Santee 31,289 Poway 26,371 San Marcos 24,854 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 20 of 20 JUN 1 5 1993 ITEM 10.3