Loading...
HomeMy WebLinkAboutAGENDA REPORT 1993 1006 CC REG ITEM 08DITEM 8 • • ?K, CALIFC" ': _ncp Meet;nj 195 AGENDA REPORT CITY OF MOORPARK Ly e TO: Honorable City Council FROM: Mary R. Lindley, Assistant to the City Manager 141 kf a4 DATE: October 1, 1993 (CC Meeting of October 6, 1993) SUBJECT: Consider Cooperative Agreement Between East Ventura County Waste Task Force Members to Facilitate Compliance with the California Integrated Waste Management Act (AB 939) Background Council is being asked to consider approval of the East Ventura County Waste Cooperative Agreement and appoint one Councilmember to serve as the City's official representative and one to serve as the City's alternate. (The Council's Public Works, Facilities, and Solid Waste Committee has been assigned solid waste matters.) Over the last several years, the eastern Ventura County jurisdictions (the cities of Moorpark, Simi Valley, Thousand Oaks and the County) have met on an as- needed basis as the East Ventura County Wasteshed Task Force. The Task Force's purpose is to discuss and, ideally, reach consensus on solid waste issues that impact its members. With the passage of the Integrated Waste Management Act (AB 939) and the Act's fast approaching waste reduction deadlines, the Task Force is proposing formalizing its purpose and relationship between its member jurisdictions. The objective of the attached Agreement is to develop opportunities to work together to achieve the waste reduction goals and to maximize potential long term economies of scale. If the Agreement is approved, the Task Force will have no specific legal powers; however, it will have as its formal purpose to cooperatively work with member jurisdictions to efficiently plan for the joint handling of solid waste. In addition, the Task Force may consider future planning, designing, construction, and operation of solid waste recovery, composting, and disposal facilities, promoting recycling and composting, and other waste reduction and household hazardous waste programs. As one of its first tasks, the East Ventura County Waste Task Force will explore the possibility of combining waste from its member agencies to negotiate a lower bulk tipping fee from a local landfall. Under Section 2.03 Purpose, the Agreement states that members may enter into sub - agreements. It is staff's view that such language is not necessary since nothing in the Agreement precludes any or all of its members from entering into agreements for any solid waste planning or operation purpose. Any other agreements established for solid waste purposes do not need to be sub - agreements under this Agreement. A suggestion would be to either eliminate the language referring to other agreements, or eliminate the word "sub" and clarify the ability of the members to enter into other agreements outside of this Agreement. Staff has conferred with the City Attorney to identify appropriate language. The agencies agreed that the East Ventura County Waste Task Force is not meant to take the place of, or exclude its member agencies from joining, the Waste Management Authority when and if it is ultimately established. The Waste Commission is continuing its efforts to bring the Authority into fruition. In addition, while at this time the only jurisdictions considering this cooperative agreement are east County jurisdictions, the City of Camarillo has been approached as a possible member. Additional jurisdictions may be included in the future with the approval of the Task Force. The East Ventura County Wasi the day before the Ventura addition to discussing issu members will also discuss This will allow the members meetings as well as discuss a common objective. Recommendation e Task Force has agreed to meet monthly County Waste Commission meeting. In !s related solely to the Task Force, the the upcoming Waste Commission agenda. to better prepare for Waste Commission agenda items where the members may have Staff recommends that Council: 1) Approve the City's participation in the East Ventura County Waste Task Force; 2) Direct the Mayor to sign the attached Cooperative Agreement with final language approval by the City Manager and City Attorney; and 3) Appoint one Councilmember to serve as the City's official representative on the Task Force and one to serve as the City's alternate. ML:db Attachment c: \wp51 \wpdocs \evcwtf.agd 09/20/93 10:03 CITY OF SIMI VALLEY 002 AN AGREEMENT BETWEEN MEMBERS OF THE EAST VENTURA COUNTY WASTE TASK FORCE EXPRESSING SUPPORT FOR AND PARTICIPATING IN A COOPERATIVE AGREEMENT TO FACILITATE COMPLIANCE WITH THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT (AB 939) This Agreement is made and entered into by and between those certain public agencies (hereinafter "parties" or "members "), which have duly authorised execution, as follows: ARTICLE 1. RECITALS WHEREAS, the members are required to meet the State mandated AB 939 Waste stream recycling and diversion goals through the implementation of an Integrated waste management system; and WHEREAS, the AB 939 diversion goals require that 25% of the members' waste stream be diverted away from landfill disposal by 1995 and 50% of the members' waste stream be diverted away from landfill disposal by the year 2000; and WHEREAS, the failure to meet these goals not only will continue the wasteful disposal of many natural resources but could subject the members to large daily fines which may be imposed by the California Integrated Waste Management Board; and WHEREAS, for the members to attain these goads, efforts may be required in order to take advantage of the many system efficiencies that all member jurisdictions may enjoy by participating in such efforts; and WHEREAS, long term economies of scale may be achieved if participating jurisdictions work cooperatively together to establish integrated waste management systems to serve the needs of each member jurisdiction; and WHEREAS, these economies of scale should reduce the costs that must be borne by the members' businesses and residents in their refuse collection fees. NOW, THEREFORE THE MEMBERS OF THE EAST VENTURA COUNTY WASTE TASK FORCE AGREE AS FOLLOWS: ARTICLE 2. AGREEMENT 2.01. agreement Creation. a In consideration of the mutual promises and covenants contained herein, there is hereby created by agreement of the parties hereto, a East Ventura County Waste Task Force, with the powers and authority as hereinafter set forth. 1 I SEP 20 X93 09 :59 805 583 6301 PAGE.002 09/20/93 10:03 CITY OF SIMI VALLEY 003 i 2.02. Name of Jask_ Force. The Task Force created. hereby shall be /mown as the "Fast Ventura County Waste Task Force ", hereinafter referred to as the "Task Force." 2.03. Purim, The purpose of this Agreement and the Task Force is ao take cooperative actions consistent with the California Integrated Waste 4anagement Act (AB 939), as it may be amended from time -to -time, to safely and Officiently plan for the joint handling of solid waste in the combined jurisdictions of the members. The Task Force may consider the potential for O anning, designing, constructing, and operating solid waste recovery, composting, and disposal facilities, promoting recycling and composting, package regulations and similar waste reduction measures, and household hazardous waste programs for its members. The members may enter into integrated waste management system sub - aoreement(s) which would benefit the member jurisdictions through economies of scale, maximization of local resources, commonality of interest, and attainment of AB 939 diversion goals. Sub - agreements) may be entered into by any or all members. Sub - agreements) will be consistent with any existing waste management a0reements in the member jurisdictions. Nothing in this Agreement is intended to preclude any members from participating in the Ventura County Waste Authority. i 2.04. Powers, The Task Force shall have no specifically granted 190al authority to directly carry out the purpose of this Agreement. The powers tolcarry out the purpose of the Agreement and AB 939, as it may be amended from time -to- time, resides with each of the respective member's governing body. 2.05. Task Force Members. The Task Force members at its inception include: a. The City of Moorpark b. The City of Simi Valley C. The City of Thousand Oaks d. The County of Ventura (representing unincorporated Eastern Ventura County) The foregoing agencies shall become a party hereto and a member of thei Task force upon execution of this Agreement. The Task Force may approve membership of other public agencies at any tim §, by a two - thirds (2/3) vote of the Task Force at a regular meeting upon such terns and conditions as the Task Force may prescribe. Membership of the Task V 2 270.930 SEP 20 1 3 10:00 805 583 6301 por-C 'nv 09/20/93 10:04 CITY OF SIMI VALLEY 004 rorce she 11 be limited to general purpose public agencies within Eastern Venture bounty, sinless amended by the Task Force. 2.06. Agbaeguent Members. If determined by the Task Force to be �ppropriaite, members who join the Task Force after assets have been contributed Oy existing members may be required to reimburse the Task Force a pro rata share df the amount or value existing members have individually contributed. 2.07. 5ervige to Adjacent Territory. Unless otherwise determined by t1he Task Force, services shall be rendered only to areas within the boundaries df the member agencies. ARTICLE 3. ORGANIZATION 3.01. Task Farce. The organization of the Task Force shall be vested io and exercised by and through its membership. The Task Force shall be composed of one representative from each member. Each member agency shall appoint one r�qular member and one alternate member to the Task Force and shall notify the Task Force, in writing, of their appointments or any change of representative. Tle representative shall be an elected official of the member agency and shall serve solely at the pleasure of the governing body of the member agency. 3.02. Meetings. The Task Force shall establish a time, place, and dote for its regular meetings. Regular meetings may be adjourned from time -to- tioe. Special meetings may be called by the chair of the Task Force or by a I ority of the Task Force. All meetings of the Task Force shall be open to the pu lic and shall be called, noticed, held, and conducted In accordance with ROerts Rules of Order and the provisions of the Ralph M. Brown Act, being Sections 54950 et seq. of the California Government Code. 3.03. Ouorum. A majority of the members of the Task Force shall constitute a quorum for the transaction of Task Force business. 3.04. voting. Except as specifically otherwise provided herein, the vole of a majority of the members of the Task Force at any regular, adjourned, orb special meeting shall be sufficient to pass and act upon any matter properly before the Task Force. Each member of the Task Force shall have one vote. 3.05. Officers. There shall be selected from the membership of the Task Force a chair and a vice - chair. The vice -chair shall act in the absence of tho chair. The chair and vice -chair shall serve for a term of one year from the date of their election or until their successors are elected. The chair and vico -chair are authorized to execute all documents in the name of the Task Force. 3.06. RMIU. The Task Force may adopt from time -to -time such rules andlregulations for the conduct of its affairs as may be required. 3 nee -930 SEP 20 '�3 10:00 805 58:3 F'-vi1 09/20/93 10:04 CITY OF SIMI VALLEY 005 ARTICLE 4. PROPERTY RIGHTS 4.01. T &sk Force Assets. All assets acquired by the.Task force shall 0e held in the name of the Task Force for the benefit of its members per the berms of this Agreement. 4.02. f r Qf UpQn QIssollitio. Upon termination of this 1l reement and dissolution of the Task Force, as hereinafter provided for in ;ragraph 5.03, the assets that are used for the Task Force's operations and ministration shall be credited and returned to the contributing member on a pro rpta sharp basis as per the rules, procedures, and regulations established by the Task Force. ARTICLE 5. MISCELLANEOUS PROVISIONS 5.01. Effectivg Date. This Agreement shall become effective and the T4sk Force shall be created when the members of all the eligible parties listed io paragraph 2.05 hereinabove shall have authorized execution of this Agreement. 5.02. Withdrlyal from Task Eorce. A member may withdraw from the Task Force upon the approval of its legislative or governing body, provided that arty sub - agreements) entered into by the participating member continue until normal expiration or termination per the terms provided in the respective other su�- agreement (s). In addition, the withdrawing member must pay its proportionate shire of the Task Force operations and maintenance cost owing per the rules, procedures, and regulations established by the Task Force. 5.03. Termination. This Agreement may be terminated and the Task Fo�ce dissolved by a two - thirds (2/3) vote of the Task Force as ratified by two - thlyds (2/3) of the governing bodies of its members; provided, however, that thore shall be no termination and dissolution until any and all owing operations and maintenance costs per the rules, procedures, and regulations established by the Task Force are recovered. Any sub - agreements) shall continue until their normal expiration or termination per the terms provided in the respective other sub�agreement(s). 5.04. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments, or designations hereunder shall be given in writing and addressed to the principal office of each member of the Task Force. 5.05. mndment. This Agreement may be amended with the consent of each of the respective member's governing body. 4 Pn9 -sso SEP 20 3 10 :01 805 583 r -701 09/20/93 10:05 CITY OF SIMI VALLEY M IN WITNESS WHEREOF, the parties hereto, by and through their 0spectiVe duly authorized representatives, have executed this Agreement for the fast Ventura County Waste Task Force. APPROVED AS TO FORM: CITY OF MOORPARK C ty Attorney AtTEST: City Clerk Cilty Attorney AVEST: City Clark Ci y Attorney AT EST: Ciy Clerk Cou ty Counsel ATT ST: County Clerk SEP 20 '$3 10:01 Mayor Dated: CITY OF SIMI VALLEY Mayor Dated: CITY OF THOUSAND OAKS Mayor Dated: COUNTY OF VENTURA Chair Dated: 5 27%9 -930 805 583 6301 pCV C