HomeMy WebLinkAboutMINUTES - 09161997 - C50 TO: BOARD OF SUPERVISORS
CONTRA COSTA
`•,gym.' '3 COUNTY
FROM: William Walker, MD `
sr�.�vJn
Health Services Director
DATE: September 16, 1997
SUBJECT: Request for Approval of Revised MOU for the Bay Area Regional Hazardous Waste Facility Allocation
Committee and Appointment of County Representative
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommendation:
APPROVE the amended Memorandum of Understanding (attached as Exhibit A) for the Bay Area Regional
Hazardous Waste Facility Allocation Committee, a committee of the Association of Bay Area Governments.
Allow only the appointment of County elected officials or County staff to the Committee as the County
representative on the above Committee.
Background:
History of Committee: State legislation passed in 1986 required each county to submit to the state a "Hazardous
Waste Management Plan" (Plan). The Plan, to be approved by Cal EPA's Department of Toxic Substances
Control, was required to show how each county would be disposing of the hazardous waste produced within its
borders.
Because each county in the Bay Area could not dispose of all of the waste it produced, they agreed in 1990 to
work together through ABAG and the Bay Area Regional Hazardous Waste Management Facility Allocation
Committee (Committee). The Committee's focus was to gain agreement on a fair methodology of siting future
hazardous waste storage, treatment and disposal facilities. Its membership consisted of one member of the
Board of Supervisors and one city representative from each county.
In 1995.Cal EPA accepted Contra Costa's Plan.
The Committee continues to oversee the fair share allocation of such facilities in the Bay Area. In addition, the
Committee began working with Cal EPA and Federal EPA to develop a program which could promote the
reduction or elimination of hazardous wastes produced by businesses as a way to avoid the need to site
additional hazardous waste facilities in the Bay Area. The result was the creation of the Green Business Program
- a program to promote full environmental regulatory compliance as well as pollution prevention and resource
conservation among small businesses in all nine Bay Area counties. This program has been implemented in
Alameda, Napa and Sonoma Counties. For further detail please see the Board Order relating to Contra Costa's
implementation of the Green Business Program in the Board's September 16, 1997 agenda under "Short
Discussion Items."
CONTINUED ON ATTACHMENT: Yes. SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON � /I`J 7 APPROVED AS RECOMMENDED �� OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
Contact Person: Elinor Blake 370-5022
ATTESTEDJ�,Q 7
CC: Hazardous Materials Commission (via HSD) PHILB4TTCHELO ,CLERK OF TfiE BOARD OF
Lew Pascalli,Hazardous Materials Division SUPERVISORS AND COUNTY ADMINISTRATOR
BY: DEPUTY
Board of Supervisors Page 2
Revised MOUfor the Bay Area Regional Hazardous Waste
Facility Allocation Committee&Appointment of County Representative
September 16, 1997
Reasons for Proposed Revisions:
(The proposed final MOU wording is Attachment A. A version showing the current wording along with the
revisions is Attachment B.)
1. Inconsistent representation. The Committee has experienced inconsistent representation by members that
has sometimes resulted in the lack of a quorum with which to conduct business.
Revisions: The Committee membership specified in Section 7a of the MOU is modified to no longer
require the alternate to be a member of the Board of Supervisors. The vote required in Section 7c on
facility allocation issues will not change from the current two-thirds requirement. Voting on all other
issues, however, will be reduced to a quorum of 50% of the members. Finally, a member's seat shall be
rendered vacant after three consecutive absences (Section 7a).
2. Expanded goals: The Committee will continue its work on the allocation of hazardous waste facilities.
In addition, as explained in the Background History on the Committee, its goals have been expanded to
include assisting in the development and implementation of the Green Business Program and other
programs with similar waste reduction/resource conservation goals.
Revisions: Section 1 (Goals) and Section 5i (Powers) are revised to refer to these expanded goals.
3. Siting Authority: As noted, the Committee's work has focused on the fair share allocation of future
hazardous waste facilities. The actual siting of any facility is a decision vested in local governments and
their land use authority.
Revisions: Section 1 is revises to clarify that such siting decisions are vested in local governments.
Appointment of County Representative
The second recommendation in this Board Order is to appoint either a County elected official or a County staff
person to fill the Committee's "County Representative" position. This recommendation is made to ensure the
appointment of an individual within County government who directly represents and is accountable to the
County and its interests.
Fiscal Impact:
None.
Attachment A
. Rk S;i;:1D AND RESTATED
MEMORANDUM OF UNDERSTANDING
The Memorandum of Understanding (MOU) by and among the Counties of
(collectively, the "Counties") and the Association of Bay Area Governments (ABAG) creating the
Hazardous Waste Management Facility Allocation Committee is hereby revised and restated as follows:
L GOALS. Local governments in the San Francisco Bay Area desire to:
a) work together to identify general areas for the location of hazardous waste management facilities
within the region, and develop and implement a method to allocate the responsibility for
providing hazardous waste management facilities based upon the fair share principle.
b) work cooperatively to advance the concepts and methods of pollution prevention and resource
conservation by developing and implementing programs which foster multimedia regulatory
compliance,hazardous and solid waste reduction,and efficiency in water and energy use.
This agreement creates a Hazardous Waste Management Facility Allocation Committee (hereafter
referred to as the "Committee")that will be responsible for implementing these goals and advising local
governments. Goal implementation is detailed below under Section 3 Objectives. Actual siting decisions
will continue to be vested in the local governments through the exercise of their existing land use
authority. The Committee will issue annual reports to ABAG's Executive Board to apprise them of the
Committee's progress in achieving its goals. This Revised and Restated MOU is effective upon
execution of a minimum of five Counties and ABAG.
2. DEFINITIONS
a) "Brokering waste capacity" shall mean trading the responsibility for providing the opportunity to
site treatment or disposal capacity for a particular category of facility where a deficit exists in a
county in exchange for providing excess capacity for another category of facility.
b) "Local jurisdiction" shall mean counties, cities and all other jurisdictions that have land use
authority.
C) "Fair share" shall mean that.a county is responsible for providing the opportunity to site
hazardous waste management facilities in the county with capacity equivalent to the amount of
hazardous waste generated within its boundaries. If the county has approved the siting of a
facility or facilities with capacity equal to or in excess of the county's total hazardous waste
management needs,and/or entered into agreements with other counties providing for the siting
of a facility or facilities with capacity equal to or in excess of the county's total hazardous waste
management needs,the county will have achieved its fair share of hazardous waste management
facility siting responsibility.
d) "Hazardous waste management facility" means any structure, other appurtenances, and
improvements on the land,and all contiguous land, used for transfer,treatment, storage,resource
FINAL
Page I
Revised MOU
7/9/97
Y.
recovery, disposal or recycling of hazardous waste, serving more than one producer of hazardous ?
waste.
e) "General areas for hazardous waste management facilities" shall mean identification of areas
which appear to be physically suitable for the siting of hazardous waste management facilities
according to criteria in the county hazardous waste management plans, as identified in county
hazardous waste management plans,are consistent with the fair share principle and are not more
site specific than the general areas identified in county hazardous waste management plans.
f) "Regional shortfall" means the generation of hazardous wastes exceed available hazardous waste
management capacity by specific"Tanner Plan"treatment groupings for the Bay Area.
3. OBJECTIVES. The Committee shall have the following objectives:
a) To develop a regional approach to providing hazardous waste management facilities.
b) To identify potentially suitable general areas for hazardous waste management facilities within
participating counties that are consistent with county hazardous waste management plans and
general plans.
C) To recommend allocation of an initial responsibility among the Counties for the siting of
hazardous waste management facilities-based upon the fair share principle.
d) To promote local determination of land use.
e) To provide a forum for review of (1) excess and needed hazardous waste capacity within
Counties and(2)agreements between Counties.
f) To promote hazardous waste minimization and resource conservation by encouraging"on-site
source reduction, recycling and treatment to minimize the need for siting new hazardous waste
facilities.
g) To provide consistency in methodology for the development of hazardous waste generation
statistics for Counties
h) To annually review the fair share allocation of siting responsibility for the Bay Area (or
participating counties) based upon the most current hazardous waste generation projection
figures.
i) To provide a system for brokering hazardous waste capacity allocations among Counties
consistent with the principle of fair share.
4. EFFECTIVE DATE. This revised Memorandum of Understanding shall be effective upon
execution by five counties.
FINAL
Page 2
Revised MOU
7/9/97
U ,
5. POWERS. The Committee shall ha,,e the following powers and is hereby authorized to perform
all acts necessary for the exercise of these powers:
a) to identify and designate potentially suitable general areas for regional hazardous waste
management facilities within county boundaries, consistent with the county Hazardous Waste
Management Plans, in order to regionally allocate capacity shortfalls in accordance with the
principal of fair share;
b) to broker waste management capacity between Counties and develop agreements to allocate
regional shortfalls;
C) to make plans and to conduct studies pertaining to hazardous waste management facilities and
regional capacity;
d) to adopt an annual committee work plan and budget that sets forth all administrative, operation
and capital expenses for the committee as well as the apportionment of such expenses to each
County.
e) to be responsible for recommending actions to the participating jurisdictions for implementation
of fair share. Such recommendations shall be reported to the ABAG Executive Board not less
than once a year;
f) to serve as an advocate before state and federal permitting authorities in support of applications
to establish any hazardous waste management facility which has the approval of the committee
and of the local jurisdiction in which the facility would be located, in accordance with the
objectives of the Committee;
g) to serve as an opponent before state and federal permitting authorities to discourage the siting of
facilities that are not in accordance with the designated general area siting opportunities
identified by the Committee.
h) to negotiate inter-county agreements with counties having excess hazardous waste management
capacity which are not parties to this agreement.
i) to sponsor and assist in the development of programs to aid the implementation of the
Committee's objectives, including the Bay Area Green Business Program, to create a model
multi jurisdictional fair share agreement to be incorporated into individual county plans called
for under AB 2948 (Tanner 1986)in partial fulfillment of said law.
6. ELIGIBILITY FOR MEMBERSHIP. Only ABAG counties willing to participate in the work of the
Committee, promote the decisions and recommendations reached and pay the fees assessed are
eligible to execute this agreement during the first year. Other counties within the state may
become members during the second year and thereafter subject to approval by the Committee
members representing ABAG counties. ABAG counties joining the Committee after the first
year are not subject to this approval.
FINAL
Page 3
Revised MOU
7/9/97
7. ORGANIZATION.
a) The Committee shall consist of two representatives from each County:
i) One member of the governing body of each County signing this agreement and an alternate
and
ii) One elected official representing all of the cities within each County and an alternate.
Upon execution of this agreement, the governing body of each County shall appoint one of its
members to serve as the county member and an alternate (County Member). The city selection
committee of each County shall appoint an elected city official and alternate. For City and
County of San Francisco, if it has executed this agreement, the mayor shall appoint the City
Representative. Each member.and alternate shall hold office from the first meeting of the
Committee after their appointment until their appointing body appoints a successor. Each
member and alternate shall serve at the pleasure of the appointing body.
Three consecutive absences from the Committee will render a member's seat vacant. The
Committee chair will notify the County and the committee member of a pending vacancy.
The chairperson for the Committee shall be elected by the Committee membership from among
the Committee membership of elected officials.
Committee members shall also appoint a technical advisory subcommittee. This subcommittee,
as a minimum,will include representatives of industry,environmental and public interest groups,
and regulatory agencies.
b) ABAG. ABAG will provide staff support to the Committee. ABAG staff support will be paid
from the Committee dues.
C) VOTE REQUIRED. A quorum for committee meetings on facility allocation issues is two-thirds of
membership. A quorum for meetings devoted to other issues is fifty percent (50%) or more of
the members of the Committee, excluding any vacancies. A majority vote of members present
with a quorum is required for any action. An action by the Committee can be reconsidered when
1/3 (rounded to the nearest whole number) of the participating counties by majority vote of their
boards of supervisors vote for re-evaluation of the decision.
d) MEETINGS OF THE COMMITTEE. The Committee shall hold at least three meetings each year.
The Committee shall cause minutes of all meetings to be kept and shall,as soon as possible after
each meeting, forward a copy of the minutes to each member of the Committee and to each
County.
8. STAFFING. The Committee will contract with ABAG to provide staff support for the Committee.
ABAG will provide the primary staff support to the Committee.The Committee may contract for
additional staff support.
FINAL
Page 4
Revised MOU
7/9/97
- 9. FUNDING. Committee funding shall be based on a fiscal year from July 1 through June 30. The
budget will be set by the Committee by January 1 of each year for the following fiscal year and
submitted to ABAG for its approval. The total cost of the activities of the Committee shall be
apportioned evenly among the Counties.
Upon the effective date or upon signing this agreement,whichever is later,the Counties shall be
assessed a fee to fund the activities of the Committee. If a County joins mid-fiscal year or if
Committee activities commence mid-fiscal year then the Committee budget and fees for each
County shall be prorated to reflect the appropriate yearly proportion. Fees will be due on July 31
for the fiscal year.
10. TERMINATION/WI=RAWAL
a) This MOU shall terminate upon any of the following conditions:
i) Two-thirds(2/3)of the members of the Committee may vote to dissolve the Committee;
ii) Termination becomes effective thirty(30)days after the vote to dissolve the Committee.
b) A County may withdraw by giving six month's notice of intention to withdraw for the following
fiscal year (July 1 through June 30). The Committee shall consider special circumstances and
may allow a shorter notification of intention to withdraw.
C) In the event of termination or withdrawal,any amount owing to the Committee for past fees shall
be paid.
d) Any financial assets of the Committee remaining after all liabilities have been paid, upon
termination of the Committee, shall be distributed evenly to counties participating at the time of
termination.
)FINAL
Page 5
Revised MOU
- ---- - --- -— -- -- -- -7/9/97- ------- -
i
12. COUNTERPARTS. This AGREEMENT may be executed in any number of counterparts all of
which shall be considered one and the same AGREEMENT.
IN WITNESS WHEREOF, the parties have authorized this Memorandum of Understanding to be
executed.
DATE: 9 -/1, COUNTY OF —4-
�
CHAIRPERSON,BOARD OF SUPERVISORS
Attest:
CL RK OF BOARD
Approved as to legal form and content:
County Counsel
FINAL
Page 6
Revised MOU
7/9/97
Attachment B
REVISED AND RESTATED
MEMORANDUM OF UNDERSTANDING
To Er"eate—AThe Memorandum of Understanding (MOU) by and among the Counties of
(collectively, the "Counties") and the Association of Bay Area Governments (ABAG)
creating the Hazardous Waste Management Facility Allocation Geff-~i"ee.Committee is hereby revised
and restated as follows:
1. F-j e. 'GALS. Local governments in the San Francisco Bay Area desire to:
a) work together to identify general areas for the location of hazardous waste management facilities within the
region,and
and develop and implement a method to allocate the responsibility for providing
hazardous waste management facilities based upon the fair share principle.
under- Seetion 9 Objeetives. Aetual sititig deeisieiis -A41! eentimae to be N,A-54-ed- -i;-;-4-he
b) work cooperatively to advance the concepts and methods of pollution prevention and resource
conservation by developing and implementing_programs which foster multimedia regulatory
compliance,hazardous and solid waste reduction,and efficiency in water and energy use.
This agreement
(ABAG), its fnember-e9unties and ether-eounties that are willing to pai4ieipate ill this PFOGeSS
creates a Hazardous Waste Management Facility Allocation Committee (hereafter referred to as the
"Committee") that will be responsible for implementing these goals and advising local governments.
Goal implementation is detailed below under Section 3 Obiectives. Actual siting decisions will continue
to be vested in the local governments through the exercise of their existing land use authority. The
Committee will issue annual reports to ABAG's Executive Board to apprise them of the Committee's
progress in achieving its goals. This Revised and Restated MOU is effective upon execution of a
minimum of five Counties and ABAG.
2. DEFINITIONS
a) "Brokering waste capacity" shall mean trading the responsibility for providing the opportunity to
site treatment or disposal capacity for a particular category of facility where a deficit exists in a
county in exchange for providing excess capacity for another category of facility.
b) "Local jurisdiction" shall mean counties, cities and all other jurisdictions that have land use
authority.
page-1
C) "Fair share" shall mean that a county is responsible for providing the opportunity to site
hazardous waste management facilities in the county with capacity equivalent to the amount of
hazardous waste generated within its boundaries. If the county has approved the siting of a
facility or facilities with capacity equal to or in excess of the county's total hazardous waste
management needs, and/or entered into agreements with other counties providing for the siting
of a facility or facilities with capacity equal to or in excess of the county's total hazardous waste
management needs, the county will have achieved its fair share of hazardous waste management
facility siting responsibility.
d) "Hazardous waste management facility" means any structure, other appurtenances, and
improvements on the land, and all contiguous land, used for transfer, treatment, storage,resource
recovery, disposal or recycling of hazardous waste, serving more than one producer of hazardous
waste.
e) "General areas for hazardous waste management facilities" shall mean identification of areas
which appear to be physically suitable for the siting of hazardous waste management facilities
according to criteria in the county hazardous waste management plans, as identified in county
hazardous waste management plans, are consistent with the fair share principle and are not more
site specific than the general areas identified in county hazardous waste management plans.
f) "Regional shortfall" means the generation of hazardous wastes exceed available hazardous waste
management capacity by specific Tanner-"Tanner Plan"treatment groupings for the Bay Area.
3. OBJECTIVES. The Committee shall have the following objectives:
a) To develop a regional approach to providing hazardous waste management facilities.
b) To identify potentially, suitable general areas for hazardous waste management facilities within
participating counties that are consistent with county hazardous waste management plans and
general plans.
C) To recommend allocation of an initial responsibility among the Counties
for the siting of hazardous waste management facilities-based upon the fair share principle.
d) To promote local determination of land use.
e) To provide a forum for review of (1) excess and needed hazardous waste capacity within
ounties and(2)agreements between setff4ies-Counties.
f) To promote hazardous waste minimization and resource conservation by encouraging on-site
source reduction, recycling and,treatment to minimize the need for siting new hazardous waste
facilities.
g) g) To provide consistency in methodology for the development of hazardous waste f
generation statistics for paAkipating eetm4ies.Counties
1�ge-2
renrT i�iioion
e
h) h) To annually review the fair share allocation of siting responsibility for the Bay Area (or
participating counties) based upon the most current hazardous waste generation projection
figures.
i) To provide a system for brokering hazardous waste capacity allocations among paAtefpating
eetHtiesCounties consistent with the principle of fair share.
4. d. -€-f€eet:iye late. This. agr-etflRe4 b^�^meEFFECTIVE DATE. This revised
Memorandum of Understanding shall be effective upon execution bys4BAG-aR4 fiveer- more
counties.
5.
(her-eiaa€ter-r-efeffedto as-the—'Ge itte ") to aet:n the w, EleseF bed I;oria:n
.6. POWERS. The Committee shall have the following powers and is hereby authorized to perform
all acts necessary for the exercise of these powers:
a) to identify and designate potentially suitable general areas for regional hazardous waste
management facilities within the paAieipatiag raetmtiescgyntyboundaries, consistent with.the
county Hazardous Waste Management Plans, in order to regionally allocate capacity shortfalls in
accordance with the principal of fair share;
b) to broker waste management capacity between paAieipatkig eoun4iosCounties and develop
agreements to allocate regional shortfalls;
C) to make plans and to conduct studies pertaining to hazardous waste management facilities and
regional eapaei#),,-.cgpAcity-
d) to adopt an annual
committee work plan and budget that sets forth all administrative, operational and capital
expenses for the ommittee as well as the apportionment of such
expenses to each paAieipatiag eeti Py,,--Cpogun!y.
e) to be responsible for recommending actions to the participating jurisdictions for implementation
of fair share. Such recommendations shall be reported to the ABAG Executive Board not less
than once a yee&-y ar;
f) to serve as an advocate before state and federal permitting authorities in support of applications
to establish any hazardous waste management facility which has the approval of the committee
and of the local jurisdiction in which the facility would be located, in accordance with the
objectives of the ommittee:
g) to serve as an opponent before state and federal permitting authorities to discourage the siting of
facilities that are not in accordance with the designated general area siting opportunities
identified by the Committee.
Page 3
MOU, 12/18/89
h) to negotiate inter-county agreements with counties having excess hazardous waste management
capacity which are not parties to this agreement.
i) to sponsor and assist in the development of programs to aid the implementation of the
Comm ittee'sebeetives.
j) -toobjectives, including the Bay Area Green Business Program, to create a model multi_
jurisdictional fair share agreement to be incorporated into individual county plans called for
under AB 2948 (Tanner 1986)in partial fulfillment of said law.
-7-6. ELIGIBILITY FOR MEMBERSHIP. Only ABAG counties willing to participate in the work of the
Committee, promote the decisions and recommendations reached and pay the fees assessed are
eligible to execute this agreement during the first year. Other counties within the state may
become members during the second year and thereafter subject to approval by the Committee
members representing ABAG counties. ABAG counties joining the Committee after the first
year are not subject to this approval.
9.-7. ORGANIZATION.
a) AZA-sl-e- Peteility AiieramiefGeffffnt4eo—The Committee shall I
consist of two representatives from each eeCoun
}� One member of the governing body of each eek Counjy signing this agreement and
an alternate and
ii �eseBOne elected official representing all of the cities within each County and an
alternate.
Upon execution of this agreement, the governing body of each eeCoun shall appoint one
of its members to serve as a member- eI+L,o GA-M-H-44e„ and another- "'e'"'' er- to sen,e ""the
county member and an alternate
Coup Member), The city selection committee of each eevA4yCgMnty
shall appoint an elected city official and alternate. For City and County of San
Francisco, iftha4-se»tit has executed this agreement, the mayor shall appoint -s>
the City Representative. Each member and alternate shall hold office from the
first meeting of the Committee after their appointment until their
Se-'eete i appointing body appoints a successor. Each member and alternate shall
serve at the pleasure of the appointing seems-body.
Three consecutive absences from the Committee will render a member's seat vacant. The
Committee chair will notify the County and the committee member of a pending vacancy.
The chairperson for the Committee shall be elected by the Committee membership from
among the Committee membership of elected officials.
Page 4
MOU, 12/18/89
Committee members shall also appoint a technical advisory subcommittee. This subcommittee,
as a minimum, will include representatives of industry,environmental and public interest groups,
and regulatory agencies.
b)- ABAG. ABAG will provide staff support to the Committee. ABAG staff support will be paid
from the Committee dues.
c)_ VOTE REQUIRED. A quorum for committee meetings on facility allocation issues is 24two-
thirds of membership. A quorum for meetings devoted to other issues is fifty percent (50%) or
more of the members of the Committee, excluding any vacancies. A majority vote of members
present with a quorum is required for any action. An action by the Committee can be
reconsidered when 1/3 (rounded to the nearest whole number) of the participating counties by
majority vote of their boards of supervisors vote for re-evaluation of the decision.
d) MEETINGS OF THE COMMITTEE. The Committee shall hold at least three meetings each year.
The Committee shall cause minutes of all meetings to be kept and shall, as soon as possible after
each meeting, forward a copy of the minutes to each member of the Committee and to each
eeuat�-_Coun .
9-8. STAFFING. The Committee will contract with ABAG to provide staff support for the Committee.
ABAG will provide the primary staff support to the ^,...,mittee. 14oweyer-, theCommittee. The
Committee may rrequeAcontract for additional staff support f+efH fneimber- ,,ount:o�
neraessafy+„ fulfill its a„+:os
4$9. FUNDING. Committee funding shall be based on a fiscal year from July 1 through June 30. The
budget will be set by the Committee by January 1 of each year for the following fiscal year and
submitted to ABAG for its approval. The total cost of the activities of the Committee shall be
apportioned evenly among its member-,.,.unties.the Counties.
Upon the effective date or upon signing this agreement, whichever is later, the �e
ounties shall be assessed a fee to fund the activities of the
Committee. If a eeCoun joins mid-fiscal year or if Commit-tee activities commence o
mid-fiscal year then the Committee budget and fees for each eeCoun shall be prorated to
reflect the appropriate yearly proportion. Fees will be due on July 31 for the fiscal year.
10. TERMINATION/WITHDRAWAL
a)_ This MOU shall terminate upon any of the following conditions:
ii` Two thin-dsi) Two-thirds (2/3) of the members of the Committee may vote to dissolve
the Committee;
Page 5
MOU, 12/18/89
iii) Any ekhe abeve listed teFmiaa4ieiis shall ii)Termination becomes effective
thirty(30)days after the vote to dissolve the sef 44ee.Committee.
b) A County may withdraw by giving six month's notice of intention to withdraw
for the following fiscal year (July 1 through June 30). The Committee shall consider special
circumstances and may allow a shorter notification of intention to withdraw.
l)c) In the event of termination or withdrawal,any amount owing to the Committee for past fees shall
be paid.
e)!L Any financial assets of the Committee remaining after all liabilities have been paid, upon
termination of the Committee, shall be distributed evenly to counties participating at the time of
termination.
12. COUNTERPARTS. This AGREEMENT may be executed in any number of counterparts all of
which shall be considered one and the same AGREEMENT.
IN WITNESS WHEREOF, the parties have authorized this Memorandum of Understanding to be
executed.
DAT • G,-T W_ T34 Q
DATE: COUNTY OF
CHAIRPERSON,BOARD OF SUPERVISORS
Attest:
L
CLERK OF THE BOARD
Approved as to legal form and content:
County Counsel
Page 6
MOU, 12/18/89