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HomeMy WebLinkAboutAGENDA REPORT 1991 0619 CC REG ITEM 08H //7-Y ITEM a H • 9 MOORPARK mhom4„vs Tre &0') 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 X99. MOORPARK, CALIFORNIA City Council Meeting of �1 991 A ION: � �/ j/ MEMORANDUM I Nor TO: The Honorable City Council C. FROM: Carolyn Greene, Management Analyst DATE: June 13, 1991 SUBJECT: Amendment to Extend East County MOU for SRRE/HHWE Document Preparation The City, along with the Cities of Simi Valley and Thousand Oaks, signed a Memorandum of Understanding (MOU) in May, 1990, with the County of Ventura for preparation of the City's Source Reduction and Recycling Element (SRRE) as required by AB 939. The MOU terminates on June 30 , 1991. Subsequent state legislation required a separate Household Hazardous Waste Element (HHWE) and extended submission deadlines for both documents. The MOU amendment includes these changes. The MOU needs to be extended through December 31 , 1991, so that County staff can complete the required elements by the new deadlines. Funding to cover document preparation costs by both County and City staff will continue to come from the $1 . 45/ton tipping fee surcharge at the Simi Valley Landfill as provided by the MOU. From surcharge revenues already collected, the City received $25,000 in February, 1991, will receive $25,000 in July, 1991, and will be reimbursed its initial deposit of $10,000 by September, 1991. The City also expects to receive an additional $14 ,000 from extending the MOU and surcharge to the end of this year. The attached amendment to the MOU will be presented to the Board of Supervisors at its July 2 meeting. Staff Recommendation Authorize the Mayor to sign an amendment to extend Memorandum of Understanding with the County of Ventura for preparation of the City's Source Reduction and Recycling Element (SRRE) and Household Hazardous Waste Element (HHWE) through December 31, 1991 . attachment PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember • FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF VENTURA AND THE CITIES OF MOORPARK, SIMI VALLEY, AND THOUSAND OAKS FOR COORDINATED SOLID WASTE PLANNING FOR EAST VENTURA COUNTY The first amendment to the above referenced MEMORANDUM OF UNDERSTANDING is made and entered into this day of , 1991, by and between the County of Ventura, City of Moorpark, City of Simi Valley, and the City of Thousand Oaks (referred to collectively herein as "parties") . RECITALS WHEREAS, the parties entered into an agreement entitled "MEr'10RANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF VENTURA AND THE CITIES OF MOORPARK, SIMI VALLEY, AND THOUSAND OAKS FOR COORDINATED SOLID WASTE PLANNING FOR EAST VENTURA COUNTY ("MOU" herein) on June 12, 1990 to provide for the preparation of state mandated Source Reduction and Recycling Elements; and WHEREAS, Assembly Bill 2707 (Chapter 90-1406) mandated the preparation of Household Hazardous Waste Elements as a separate plan under the provisions of the California Integrated Waste Management Act of 1989, and WHEREAS, Assembly Bill 1820 (Chapter 90-145) allows for a December 1991 submittal date for Source Reduction and Recycling Elements if an environmental impact report is prepared, and WHEREAS, the parties mutually agree that it is in their best interest to revise this MOU to reflect the aforementioned changes in state law; NOW, THEREFORE, the parties agree to modify the MOU as follows: GENERAL PEOVISIONB The parties agree that except as expressly stated below, the MOU and all of its provisions shall remain in full force and effect. Except with respect to Article 1, the following Articles or subparts thereof, replace, supplant and supersede those stated in the MOU. All places in the MOU where references to SOURCE REDUCTION AND RECYCLING ELEMENT(S) occur, shall now be amended to read "SOURCE REDUCTION AND RECYCLING ELEMENT(S) AND HOUSEHOLD HAZARDOUS WASTE ELEMENT(S) " except for the definition of SOURCE REDUCTION AND RECYCLING ELEMENT as provided in Article 1. , . ARTICLE 1 - DEFINITIONS The following definitions are hereby added or amended to the definitions stated in the MOU: HOUSEHOLD HAZARDOUS WASTE shall mean those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed. HOUSEHOLD HAZARDOUS WASTE ELEMENTS shall mean any solid waste management plan or plans prepared by each of the parties hereto, pursuant to Public Resources Code Section 41500 et seq. , to the extent pertinent to the PLANNING AREA. SOLID WASTE shall mean all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and Construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid or simi-solid wastes, and other discarded solid and semi-solid wastes. SOLID WASTE includes HOUSEHOLD HAZARDOUS WASTE but does not include other hazardous wastes. ARTICLE 9 - ADMINISTRATION AND FUNDING} b. The parties shall fund the aforementioned budget through imposition of a new MANDATED FEE by the County of Ventura on the Simi Valley Landfill, which such fee will be effective, July 1, 1990 and shall terminate December 31, 1991. Each of the parties shall recommend the amount of said MANDATED FEE to the Board of Supervisors of Ventura County. Notwithstanding this MOU, said MANDATED FEE shall be subject to the approval of the Board of Supervisors in the exercise of its discretion. Said MANDATED FEE shall be used exclusively to fund the aforesaid budget. ARTICLE 5 - AMENDMENTS, TERM AND TERMINATION This MOU shall be effective on the date of execution hereof by all of the cities of Moorpark, Simi Valley, Thousand Oaks and the County of Ventura, and shall automatically terminate on December 31, 1991 unless the parties, by unanimous vote, agree to terminate this MOU earlier or extend this MOU to a different date. This MOU may also be amended by unanimous vote of the parties. Any party may withdraw from this MOU by giving each of the other parties sixty (60) days written notice. In the event a party withdraws and at the time withdrawal becomes effective, the withdrawing party has not completed tasks allocated to it in Exhibit "B", it shall not be entitled to reimbursement for those tasks pursuant to Article 3 above. In the event that the collected MANDATED FEES exceed the expended costs pursuant to Exhibit "BR at the termination of this MOU, said fees shall be distributed to the parties in accordance with Exhibit "C" for the implementation of SOURCE REDUCTION AND RECYCLING ELEMENTS. EXHIBIT B Part I: East County SRRE SQW Task 10 is renamed TASK 10: PREPARE HOUSEHOLD HAZARDOUS WASTE ELEMENT, changing the word "eompor nt" in the last sentence to "element" . IN WITNESS WHEREOF, this FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF VENTURA AND THE CITIES OF MOORPARK, SIMI VALLEY AND THOUSAND OAKS FOR COORDINATED PLANNING IN EAST VENTURA COUNTY is effective on the date first provided on page one hereof. DATE:_ CITY OF MOORPARK by: DATE: CITY OF SIMI VALLEY by: DATE: CITY OF THOUSAND OAKS by: DATE:_ COUNTY OF VENTURA by: • -