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R 2393 -~-- '. 1, 269 RESOLUTION NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO RATIFYING A MEMORANDUM OF UNDERSTANDING FOR A REGIONAL SOLID WASTE MANAGEMENT PLANNING PROGRAM TO COMPLY WITH THE CALIFORNIA INTEGRATED SOLID WASTE MANAGEMENT ACT OF 1989 (AB 939) WHEREAS, the California Integrated Solid Waste Management Act of 1989 (AB 939) became effective January 1, 1990 and requires each City and County to prepare and submit to the California Integrated Waste Management Board (CIWMB) for review and approval by July 1, 1990 a Source Reduction and Recycling Element (SRRE); and WHEREAS, each SRRE must include a program for the management ~ of solid waste generated within each City and County encompassing at a minimum the components specified in Chapter 2, Article 1, Section 41003 of said Act, including waste diversion goals of 25 percent by January 1, 1995 and 50 percent by January 1, 2000; and WHEREAS, said Act requires each County to submit to the CIWMB for review and approval a County-wide Integrated Solid Waste Management Plan (COIWMP) within a specified time based on remaining landfill capacity; and WHEREAS, the County of San Luis Obispo's COIWMP must be submitted to the CIWMB by January 1, 1992; and WHEREAS, a c.ounty-wide Solid Waste Task force has been convened to ensure a coordinated and cost-effective regional recycling system pursuant to said Act by accomplishing specified tasks; and WHEREAS, said Task Force unanimously voted on April 5, 1990 to recommend to the County of San Luis Obispo, each City within the County, and those special districts with refuse colle_otion and disposal responsibilities to collectively pursue a regional approach to meet the solid waste management requirements of said Act; and WHEREAS, said Task Force also decided on April 5, 1990 to recommend to the aforesaid entities a Memorandum of Understanding to establish conceptual approval of organizational and funding recommendations to form the basis for a Joint Powers Agreement for a Regional Solid Waste Management Planning Program to comply with said act; and WHEREAS, it is in the pUblic interest for the City of Arroyo Grande to participate in a regional approach to meeting the requirements of said Act; and WHEREAS, time is of the essence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ~ of Arroyo Grande as follows: 1. The Memorandum of Understanding for a Regional Solid Waste Management Planning Program to comply with the California Integrated Solid Waste Management Act of 1989, attached hereto as "Exhibit A" and incorporated herein by r~ference, is hereby approved. ' 2. The City Manager and City Attorney are hereby authorized to negotiate minor changes in said Memorandum of Understanding with other entities as appropriate. 3. The Mayor is hereby authorized to sign the final draft of said Memorandum of Understanding. 2.70. i On motion of Council Member Dougall , seconded by Council , I Member Smith , and on the following roll call vote, to wit: I AYES: Council Members Dougall, Smith, Olsen, Moots and Mayor Millis NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 22nd day of May, 1990. , , '~~ ~ . MILLIS, ~ ""'\ ATTEST: APPROVED AS TO FORM: I, NANCY A. Dl\VIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2393, is a true, full and correct copy of said Resolution passed and adopted at a regular Ireeting of said Council on the 22nd day of May, 1990. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of May, 1990. . . 7ku7 a. . Qa~tJ~ CITY CLERK ""'\ --~.~._._---- . , . , ' " 271 MEMORANDUM OF UNDERSTANDING REGARDING SOLID WASTE MANAGEMENT RECITALS WHEREAS, the California Legislature has enacted the California Integrated Solid Waste Management Act of 1989, commonly referred to as Assembly Bill 939: and WHEREAS, Assembly Bill 939 mandates that certain solid waste planning be undertaken by the County of San Luis Obispo and the cities located within that county (the "Local Cities"), and ~ that these actions must be taken in a timely manner: and WHEREAS, it is the responsibility of the county and the local cities to prepare and adopt a Source Reduction and Recycling Element which shall include a program for the management of solid waste generated within the cities and the unincorporated areas of the county: and WHEREAS".:it is the County's responsibility to prepare and adopt a countywide Integrated Waste Management Plan: and WHEREAS, the County of San Luis Obispo and the Local Cities have convened a Solid Waste Task Force to study issues related to solid waste management and to make recommendations to these entities in the area of solid waste management and to assist in coordinating the development of the city and county Source Reduction and Recycling Elements: and WHEREAS the Solid Waste Task Force has convened a Solid Waste Technical Committee to advise the Solid Waste Task Force on matters pertaining to the development of the Source Reduction and Recycling Element and the countywide Integrated Waste Management ~ -.-- 2.7 2. I , """\ Plan, and the funding of the costs of preparing these plans; and WHEREAS the Solid Waste Technical Committee has considered various ways in which to meet the requirements set forth under Assembly Bill 939; and WHEREAS the Solid Waste Task Force has considered the recommendations made by the Solid Waste Technical Committee, and the Task Force has determined that 1) it would be more cost- efficient to adopt a countywide approach to prepare the County and city Source Reduction and Recycling Elements, and the countywide Integrated Waste Management Plan, 2) the governmental entities having jurisdiction over solid waste management within the county should cooperate jointly to achieve a timely,completion of their responsibilities under Assembly Bill 939, by engaging the services of a consultant to draft both the County and City Source Reduction and Recycling Elements, and the Integrated Waste Management Plan; and 3) that these entities should develop a proper method of funding the preparation of the plans required under Assembly Bill 939, as codified in california Public Resources Code section 41901, and adopt a mechanism for equitably funding the preparation of the 1 Source Reduction Recycling Elements and Integrated Waste Management Plan, NOW, THEREFORE, it is understood and agreed by and between the governmental entities which are signatories to this document, as follows: 1- That the county of San Luis Obispo, the cities located within the county of San Luis Obispo, and those special districts located within the County having jurisdiction over the -.,------,-----.-.. -- . . '. \ 273 removal of solid waste, will collectively pursue a countywide approach to the problems of solid waste management, and that these entities shall collectively engage a consultant and a project coordinator to prepare the individual Source Reduction and Recycling Elements and the Integrated Waste Management Plan required under Assembly Bill 939. 2. That the necessary ordinances and resolutions be adopted, levying a tipping fee surcharge equivalent to $1.00 per ton at all public landfills in the County of San Luis Obispo, to ~ fund the preparation of the Source Reduction and Recycling Elements and the Integrated Waste Management Plan. 3. That the tipping fee surcharge be apportioned among all of the residents of the County of San Luis Obispo in an equitable manner. Passed and adopted by the signatories hereto on the dates indicated below. . . . City of Grover City Dated: By: DAVID EKBOM, Mayor of Grover City City of Arroyo Grande Dated: May 25, 1990 BY~~'-~ Mayor of Arroyo Grande ..........-