Loading...
1991-0521_INTERGRATED WASTE MGMT PLNG_Memorandum of UnderstandingMemorandum of Understanding for Regional Integrated Waste Management Planning in South Orange County General This Memorandum of Understanding (MOU) is between the cities of Dana Point, Laguna Niguel, San Clemente, and San Juan Capistrano (hereafter "Cities".) The goal and objectives of the MOU are to facilitate planning and implementation of solid waste management activities on a regional basis. The region includes the Cities and it may be expanded to include other Co tiguous cines. Objectives This MOU is intended to set forth the following goals and objectives: • California State legislation AB 939 and AB 1820 requires that each city is responsible to divert 25 percent of its waste stream by 1995 and 50 percent by the year 2000. There is a commitment on the part of the Cities to coordinate efforts to meet the State laws, in order to achieve the best possible regional approach to the problem. • State law requires that each city submit a Source Reduction and Recycling Element (SRRE) and a Household Hazardous Waste Element (HHWE) to the State Integrated Waste Management Board by July 1, 1991. The Cities have contracted with RW.Beck and Associates (the Consultant) to provide a SRRE which satisfies the requirements for all Cities. The Cities are committed to working jointly and in close coordination with one another and the Consultant to accomplish the mutual goals and objectives required in the SRRE, and to establish formal program priorities and time lines. • The cities of Dana Point, San Clemente, and San Juan Capistrano , have worked together to implement a pilot curbside recycling program. The Cities (including Laguna Niguel) are committed to the development of a joint full scale recycling program which will create a benefit from an economy of scale and provide subsequent cost savings to the Cities. In addition, the Cities do hereby express a commitment to work together because of mutual interest and regional concern, to develop standardized goals and objectives, policies and practices for planning and implementation of required solid waste management programs and facilities. pg. I of 3 Pn'wed on 100% Recycled Paper 0 0 It is the ultimate goal of the Cities to form a Joint Powers Authority (JPA) or mutually agreeable agency, if required, to carry out the responsibilities of the aforementioned goal and objectives as well as management, development, procurement, implementing and operating solid waste management programs and facilities such as recycling centers, material recovery facilities, and composting facilities that may be identified in the Source Reduction and Recycling Elements (SRRE). Cost and Funding The funding for all joint programs will be based upon a mutually agreed sharing formula that is equitable to all parties. Each party shall pay its pro -rata costs. Acceptance The undersigned agree to abide by the spirit and letter of this Memorandum of Understanding as of the date set out. A 17ECT- C ty Clert Ciq r;f Dana joint APPROVED AS TO FORM.•11 ATTEST.- of 3 C17Y�/ OF�JDANA POINT By fN Jam` Mayor Dated Mau 1� /M CITY OF LAGUNA NIG L By � - Mayor Dated �7.p/ ATIES T.• City Clerk City of San Clemente By APPROV19AS TO FORM: C' ttorney ATTEST.• City Clerk City of San Juan Capistrano By A PROV D AS TO FORM: City Attorney pg. 3 of 3 CITY OF SAN CLEMENTE By Mayor Dated (n /!0 � I CITY OF SAN JUAN CAPIISSTRA O By ayor Dated Z4 Za -/) /C/9/ C� SWIN folonollue w.eus.m 1961 1776 May 22, 1991 Juanita Zarilla, CMC City Clerk City of Laguna Niguel 27821 La Paz Road Laguna Niguel, California 92677 MEMBERSOF THE CITY COUNCIL LAWRENCEF BUCH HEIM KENNETH E FRIESS GARY L. HAUSDORFER GIL JONES JEFF VASOUEZ CITY MANAGER STEPHEN B JULIAN Re: Memorandum of Understanding for Regional Integrated Waste Management Planning in Souge th OranCounty Dear Juanita: At their regular meeting held May 21, 1991, the City Council of the City of San Juan Capistrano approved the Memorandum of Understanding between the Cities of Dana Point, Laguna Niguel, San Clemente, and San Juan Capistrano for Regional Integrated Waste Management Planning in South Orange County. Enclosed are four copies of the Memorandum of Understanding which have been executed by the cities of Dana Point and San Juan Capistrano. Once the Memorandum has been signed by your City, please forward it on to San Clemente. It is my understanding that they are scheduled to take action on this item on June 5th. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Douglas Dumhart 32400 PASEO AOELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 0 • The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, and Vasquez NOES: None ABSTAIN: None ABSENT: Councilman Buchheim and Mayor Friess Mayor Friess returned to the Council Chamber. RECESS AND RECONVENE Council recessed at 7:40 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:18 p.m. DMINISTRATIVE ITEMS CITY MANAGER 0 Written Communication: I Report dated May 21, 1991, from the Management Assistant I, regarding the need for the City to express cooperation with the cities of San Clemente, Dana Point, and Laguna Niguel to establish mutual recycling goals pursuant to the California Integrated Waste Management Act of 1989. Approval of the MOU would not commit the City to adopt a solid waste facility or to participate in a joint powers authority. Mr. Scarborough made an oral presentation. Councilman Vasquez felt that approval of the MOU was prema- ture and should be postponed since it refers to the cities' commitment to accomplish the goals and objectives in the Source Reduction and Recycling Element (SRRE), which was not available for Council review. Mr. Scarborough stated that although the MOU would not commit the City to any particulars and would just express mutual cooperation with the contracting cities, approval of the MOU could be delayed until a draft of the SRRE was obtained for Council review. Approval of Memorandum of Understanding: It was moved by Councilman Jones, seconded by Councilman Hausdorfer and carried with Councilman Vasquez voting in the -10- 5/21/91 0 0 negative, that the Memorandum of Understanding for Regional . Integrated Waste Management Planning in South Orange County be approved. The Mayor was authorized the sign the document on behalf of the City. 1. c t o dated May 2 91, from the ct' g Director of ing, advising two Conditio U Permit applica- one Arch' ctural Control mo 'fication, and one five Parce ap were received y e City since the last t of Ap 16, 1991. The Remeft Gas received and fril€d. 2. Re ort dated M 1, 1991, from e A ing Director of P anning, r omm ding that the cur nt contract with awrence soci es for consult' g anning servi with regard the lenfed Area H ro ct be extend s that . curr proc sing on the pr 'e can be compl ed. Mr. Tomli on made an o presentation, oti that all costs ex ended to date Lawrence Asso late as planning consult nts for this 7ect have been aid Glenfed. Counc lman Vas felt that the ont ct should not be exte ed and lanning work fo th roject comple - hou a due th amount of funds 1 dy expended b he ty for 1 ing onsultants and a ity's present udge con- straints. Tomlinson no he significan redu ion in Planning s aff and use of sultants over t e pa year and the need o meet Glenfe s processing de in of June 19, 1991. It w s mov y Cou ilman Hausdo r, seconded by Counc' an Jones carried with C ilmanquez voti he negative, that th ement for Cons ices be approved with Lawrence Associates for the per d ending November 21, 1991, in the amount of $15,000. The Mayor was authorized to execute the document on behalf of the City. • -11- 5/21/91 0 0 AGENDA ITEM TO: Stephen B. Julian, City Manager FROM: Douglas D. Dumhart, Management Assistant I May 21, 1991 SUBJECT: Memorandum of Understanding for Regional Integrated Waste Management Planning in South Orange County SITUATION: In September 1989, Governor Deukmejian signed into law "The California Integrated Waste Management Act of 1989" or AB 939 as it is popularly known. In summary, AB 939 reorganized the California Waste Management Board, created a new Integrated Waste Management Planning Process which established recycling goals for cities and counties. Most importantly, AB 939 effectively transformed recycling from a typically small ecologically conscientious effort to a complex solid waste management activity mandated by State law. The California Constitution requires the State to reimburse local agencies for certain costs mandated by the State. Statutory provisions establish procedures for making that reimbursement. This bill provides that no reimbursement is required by this act for specified reasons. The burden of implementing these costly and comprehensive programs thus rests with the local jurisdictions. It was determined early on that if these programs are to be successful, the cooperation and participation of other affected jurisdictions would be necessary. This common understanding has been reached by and between the cities of San Juan Capistrano, San Clemente, Dana Point and Laguna Niguel. As an organized region, we have a strong common interest pursuant to the requirements of AB 939. In combined effort definite advantages unfold; municipal boundaries are adjoined, we utilize the same refuse hauler, we share the same landfill space, our school district boundaries overlap and we can realize economies of scale. The attached Memorandum of Understanding generally sets forth the goals and concerns that have been expressed by the adjoining jurisdictions. The MOU details some key policy statements which have generally been agreed upon and sets the ground rules for future discussions which include the necessity of integrating programs; the preparation of a joint powers agreement; as well as other matters. Most significantly, the MOU does demonstrate a willingness to work together to final solutions and is an indication of the cities' mutual desire to develop environmentally sensitive programs, and recognizes the need to cooperatively, design finance and construct solid waste facilities. Approval of the MOU does not commit the City to adopt a solid waste facility, nor does it commit the City to participate in a joint powers authority. It does, however, commit the City to work cooperatively with the other cities to develop regional integrated waste management planning and facilities. Needless to say, this is not an easy task and there is considerable discussion and work ahead for all those jurisdictions deciding to participate in the process. Dj FOR CITY COUNCIL AGEN Agenda Item 0 -2- OTHER AGENCIES REVIEW & RECOMMENDATIONS: 0 May 21, 1991 The City Councils of the participating jurisdictions are scheduled to review and approve the Memorandum of Understanding on the following dates: City of Dana Point May 14, 1991 City of Laguna Niguel May 21, 1991 City of San Clemente June 5, 1991 FINANCIAL CONSIDERATIONS: On September 18, 1991, the City Council approved a rate increase for refuse collection to fund the pilot curbside recycling program, the development of the State mandated Source Reduction and Recycling Element, and the start up cost of a Joint Powers Authority to handle integrated waste management matters. Since that time, staff has analyzed the need for the Joint Powers Authority and found that developing and funding this agency was not necessary until there is a real asset to manage. An example of this manageable asset would be a compost facility or a material recovery facility. Both facilities are inevitable in the near future in order to meet the mandates of AB 939. In the interim, the MOU will be the guiding vehicle for the work on these matters, and the funds collected for the JPA will be set aside in a special account to fund the agency at the appropriate time. NOTIFICATION: None. ALTERNATE ACTIONS: 1. Approve the Memorandum of Understanding as submitted. 2. Revise the Memorandum of Understanding as may be determined appropriate by the City Council. 3. Deny the Memorandum of Understanding. 4. Request additional information from staff. RECOMMENDATION: Approve the Memorandum of Understanding and authorize the Mayor to sign the MOU on behalf of the City. Respectfully submitted, /0 �4/AMZZ Douglas D. Dumhart Management Assistant I DDD:dh