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HomeMy WebLinkAboutAGENDA REPORT 1993 0303 CC REG ITEM 11FI I, A. TO: FROM: DATE: SUBJECT: Summary MOORPARK !f,-park Avenue ACTK)N: o ITEM /i• Fe Moorpark, California 93021 (805) 529 -6864 AGENDA REPORT BY CITY OF MOORPARK Honorable City Council .'O. ^ARK, CAI_IFCPN' A Council Meeting Mary K. Lindley, Assistant to the City Manager February 24, 1993 (CC Meeting of March 3) Consider Draft Legislation for the Formation of a Waste Management Authority On February 18, the Ventura County Waste Commission (VCWC) directed the release of the third draft of the proposed State Legislation which would create a Ventura County Waste Management Authority. VCWC is requesting that Council consider approval of the draft. For the past year and a half, VCWC has been working on a reorganization proposal which would create the Ventura County Waste Management Authority. The Authority would be comprised of an elected official from each city and two from the County Board of Supervisors. The Authority would eliminate the role the Ventura Regional Sanitation District plays in solid waste and the regional and oversight responsibilities of the County's Solid Waste Department. In sort, the purpose of the Authority is to provide one regional agency that will manage all solid waste generated by its member agencies. The Authority would make consistent and coordinated policy for processing, recycling, composting, transformation, marketing and disposal of materials. It would reduce redundancy and enhance consistency in regulatory activities countywide, reduce service duplication, provide for regional and local compliance with State mandates, and reduces and clarifies responsibility for unknown and unknown future liabilities. The Ventura County Waste Authority would be created and given powers through state legislation. State Senator Cathie Wright has agreed to sponsor a spot bill on the County's behalf. On December PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tom Councilmember Counalmember Counalmember Pnived on Rscyded Paver Waste Management Authority February 24, 1993 Page 2 16, Council considered the first draft of the legislation and directed Councilmember Montgomery to convey the concerns of the City to VCWC. Highlights of the legislation under consideration by the Council are as follows: Article 1. Act It will take an affirmative vote from eight or more member agencies within 120 days of the effective date of the legislation (1/1/94) to establish the Authority. In the event that the Authority is formed, all jurisdictions in Ventura County shall be member agencies whether or not they voted to join. Article 5. Authority Integrity No member agency may withdraw from the Authority except in the event the Authority votes to request that the Legislature amend the Act. The withdrawing member shall continue to be bound by all obligations established pursuant the Act. Article 6. Limitations and Powers Each member agency shall no longer have any solid waste flow control over waste generated within its jurisdiction and VRSD will no longer prepare or assist in the preparation of any solid waste plans. Article 8. Voting Reauirements Each member of the board shall have one vote. Except where provided by law, a majority of the members of the board shall be required for approval. A two - thirds vote of the members shall be required to establish facility rates, determinations on flow control, determinations on public or private ownership, and for acquisition of property. Article 10. Specific Powers Plan and coordinate on a countywide basis, all facilities, solid waste plans, the county hazardous waste plan; exercise all solid waste flow control; regulate publicly or privately owned facilities; own and market products or services resulting from the recycling, composting or transformation of solid waste; own operate or acquire ownership of any solid Waste Management Authority February 24, 1993 Page 3 waste facility; establish or impose fees in the amount sufficient to pay for all of its costs. Fees to pay for liabilities indemnified in Article 11, shall be imposed in the western or eastern wasteshed based on were the liability is located. The Authority shall not establish fees in either the eastern or western regions to pay for indemnified liabilities located outside of those regions. Article 11. Indemnification and Management of Liabilities The Authority shall indemnify and hold harmless each member agency from any known or unknown liabilities of each member agency. Indemnity includes all costs of remediation, abatement or closure or post - closure and any damage to the environment, damage to other property or personal injuries which are liabilities of any member agency under the law as an owner or operator of such facility. VCWC held two workshops, which included City Managers, to discuss the concerns of each jurisdictions in an attempt to reach a consensus. Oxnard and Simi Valley continue to express concerns about specific areas of the Legislation. Oxnard has stated that it would like to see a weighted voting structure based on population, which has not been supported by any other jurisdiction. Simi Valley has expressed several concerns - the most serious regarding the withdrawal provision and the commitment of waste flow. The root of Simi Valley's concern centers around the mandated responsibility jurisdictions have to comply with AB 939 and the control of flow that would be entrusted to the Authority. With enough votes, the Authority could potentially direct a jurisdiction's waste flow to a particular facility, against the jurisdictions wishes, that could be a more costly and less effective alternative to providing refuse and recycling services. In light of the aforementioned concerns, the Council may wish to consider expressing the City's support for a Waste Management Authority and commit to continuing to work with the Waste Commission to resolve outstanding language concerns - upon resolution of the concerns, the City could approve the legislation. To date the elected officials in the cities of Ventura and Fillmore and the County have taken action to approve the draft legislation. The deadline for submittal of a new bill in the current legislative session is March 5. Any comments the Council may have in regards to the draft legislation will be faxed to County Counsel the day Waste Management Authority February 24, 1993 Page 4 following this Council meeting. Jurisdictions will have an opportunity to fine -tune the bill's language as it goes through the legislative committee process. Recommendation Staff recommends that Council review the draft legislation and direct the Mayor to write a letter to the VCWC expressing the City's support for the Waste Management Authority and commitment to working with the Waste Commission to resolve outstanding language concerns.