HomeMy WebLinkAboutAGENDA REPORT 1993 0106 CC REG ITEM 11A,N.
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A G E N D A R E P O R T
TO: Honorable City Council
FROM: Mary K. Lindley, Assistant to the City ManagerW
DATE: December 8, 1992 (CC Meeting of 12/16)
SUBJECT: Consider and Provide Comment Regarding the Draft
Legislation for the Creation of the Ventura County
Waste Management Authority.
Summary
On November 19, the Ventura County Waste Commission (VCWC) directed
its staff to release the draft legislation for the creation of the
Ventura County Waste Management Authority (VCWMA) to the cities and
the Ventura Regional Sanitation District (VRSD) for comment.
Council is being requested to discuss the draft legislation and
provide comments to VCWC.
On July 1, 1992, the City Council gave its conceptual approval of
the Reorganization Proposal for the Ventura County Waste Management
Authority. The Proposal creates a Waste Management Authority
empowered to act on behalf of the cities and County for the
provision of solid waste. It proposes that the State Legislature
transfer specific powers and authorities relevant to solid waste
management form local governments to the Authority. These powers
and authorities are consolidated into a countywide structure for
the mutual benefit of the cities ar4 County. Included in the
purpose of the Authority is:
- Reduce redundancy and enhance consistency in
regulatory activities countywide.
- Reduce service duplication
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M PERE/ ROY E TALLEY JR
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
Printed On Recycled Paper
Draft Legislation for VCWMA
December 8, 1992
Page 2
Least -cost pricing through competitive bids
Non Discriminatory rate structures and regulated, stable
profits for service providers.
- Provides for complete management of the waste stream.
- Provides for economy -of -scale in waste processing,
marketing, and disposal.
- Provides for regional and local compliance with State
planning and waste diversion mandates.
Reduces public liability exposure through the allocation
of risk via the creation of public trusts and system
contingencies.
To date all of the cities, with the exception of Santa Paula, have
reviewed and acted upon the Reorganization Proposal. The next step
is the introduction of urgency legislation by the State Legislature
in the 1993 session. The deadline for the introduction of bills in
the new two -year session will fall in the first or second week of
March 1993, according to County Solid Waste Department staff.
The draft legislation under consideration is attached to this
agenda report. Items of significance are as follows:
- Article 5. Authority Integrity: "No member agency may
withdraw from the Authority..."
- Article 6. Limitations on Power: "...member agency shall
no longer have any solid waste flow control..."
- Article 8. Voting Requirements: "Each member of the board
shall have one vote."
- Article 9. General Powers and Authorities: All of "j"
dealing with the ability to adopt and enforce ordinances,
and "m" which provides for joint powers agreements.
- Article 10. Specific Powers: All of "d" dealing with flow
control, "h" which identifies the Authority's ability to
market materials, "j" which states the Authority's
ability to own and /or operate or acquire ownership of
any solid waste facility, "k" which deals with VRSD owned
facilities, and "m" which addresses the Authority's power
to establish and collect fees in pay for its activities.
Draft Legislation for VCWMA
December 8, 1992
Page 3
- Article 11 Assumption and Management of Liabilities: All
of "a" which identifies assumption of liabilities.
- Article 13. Transition to the Ventura County Waste
Management Authority: To be discussed further with VRSD.
On December 7, the draft legislation was reviewed and discussed by
the Public Works, Facilities and Solid Waste Committee of the
Council (Montgomery, Wozniak). The Committee expressed concern
over Article 11, Assumption of Liabilities. There is no mention of
funding liabilities based on wastesheds, as identified in the
Reorganization Proposal. Eastern and western wastesheds should
also be defined in Article 2.
Recommendation
Staff and the Committee recommend that the Council discuss the
draft legislation for the creation of the Ventura County Waste
Management Authority and authorize the Mayor to transmit the
Council's comments by way of a letter to VCWC.