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1 .55
THE BOARD OF SUPERVISORS OF
CONTRA .COSTA COUNTY, CALIFORNIA
Adopted this Order on July 19, 1994 , by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
---------------------------------------------------------------=--------------
SUBJECT: Dissolution of the Contra Costa Solid Waste Authority and Termination of the
Joint Powers Authority Agreement
The Board received a July 7, 1994 letter from Avon M. Wilson, Interim Executive
Director of the Contra Costa Solid Waste Authority, serving official notification of the
dissolution of the Contra Costa Solid Waste Authority; effective June 30, 1994, pursuant to
the provisions of Government Code Sections 81000 et seq., and provisions of 2 California
Code of regulations 181730, and submitting a copy of the Authority enabling Resolution 94-4,
approved by the Authority Board of Directors on March 2, 1994 and unanimously ratified by
all voting member jurisdictions of the Authority.
IT IS BY THE BOARD ORDERED that receipt of the aforesaid is
ACKNOWLEDGED.
1 hereby Certify that this is a true and correct copy of
an action taken and raentered e date sehown minutes of the
Board of Supery
so
ATTESTED:
nrd
CL/-
PHIL
Sups yT Supervisors ani unty Administrator
cc: County Administrator sn -DeputY
Community Development
County Counsel
County Auditor-Controller
Contra Costa Solid Waste Authority
Avon M. Wilson July 7, 1994 RECE�I�E®
Executive Director ```
4 737 Imhoff Place,Suite 4
Martinez,CA 94553
Clerk of the Board of Supervisors
(570)229-9113 Contra Costa County JUL 12 1994
FAX(5 10)229-9114 651 Pine Street, Room 106
Antioch Martinez, CA 94553
Brentwood CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
Byron Sanitary District Attention: Jeanne O. Maglio, Chief Clerk
Central Contra Costa
Sanitary District
Clayton Subject: Notification of Dissolution of Contra Costa Solid Waste
Crockett Valona Authority and Termination of Joint Powers Authority
Sanitary District Agreement, Pursuant to Government Code Section 81000,
Daniile et sea., and Provisions of 2 California Code of Regulations
EI Cerrito 18730.
Hercules
Ironhouse Sanitary - Dear MS. Maglio:
District
Lafayette
Martinez This letter serves as official notification of the dissolution of the Contra
Moraga Costa Solid Waste Authority (Authority), effective June 30, 1994,
Orinda pursuant to the provisions of Government Code Sections 81000 et sea.,
Pinole and provisions of 2 California Code of regulations 181730. Attached is
Pleasant Hill Authority enabling Resolution 94-4, approved by the Authority Board of
Richmond Directors on March 2, 1994 and unanimously ratified by all voting
San Pablo member jurisdictions of the Authority.
San Ramon
Walnut Creek Leaving Office Statements of Economic Interest - Form 730, for Authority
Board Members and Alternate Board Members will be submitted under
separate cover.
Please advise the Authority if further information is required.
Correspondence should be directed to the following:
Avon M. Wilson, Interim Executive Director
Contra Costa Solid Waste Authority
14 Richelle Court
Lafayette, CA 94549
(510) 283-3373
Si rely,
on ilson
Interim Executive Director
Attachments
®Recycled Paper
t ► Contra Costa Solid Waste Authority
Avon M. Wilson RESOLUTION NO 94-4
Executive Director
473inez,CImhoff P4553Suite 4 DISSOLVING AND TERMINATING THE
Martinez.CA 94553
(510)229-9113 CONTRA COSTA SOLID WASTE AUTHORITY,
FAX(510)229-9114 SUBJECT TO RATIFICATION .BY MEMBER JURISDICTIONS,
Antioch AND PROVIDING FOR THE ORDERLY EXECUTION THEREOF
Brentwood
Bvron Sanitary District
Central Contra Costa
Sanitary District
Clayton WHEREAS, on July 31, 1991, a majority of the cities in Contra
Crockett Valona Costa County, along with a number of special districts which franchise for
sanitary District the collection and disposal of solid waste, did jointly create the Contra
Danville Costa Solid Waste Authority (hereinafter "Authority") and enter into a
EI Cerrito Joint Exercise of Powers Agreement (hereinafter "Agreement"); and
Hercules
Irotrict Sanitary WHEREAS the Agreement was amended on May 5 1993• and
District 9 Y ,
Lafavette
Martinez WHEREAS, there is currently pending a proposed amendment to
ivloraga certain provisions of the Agreement, none of which affect the process for
Crinda termination, which amendment has not yet received the approval of the
Pinole required number of member jurisdictions; and
Pleasant Hill
Richmond WHEREAS, the Authority has been operating since its inception
San Pablo to assure the citizens represented by member agencies that solid waste
San Ramon activities in Contra Costa County will be conducted in a manner most
Walnut Creek consistent with the general public good and the protection of the
environment; and
WHEREAS, the Authority has exercised its powers in accordance
with the Agreement approved by all member agencies; and
WHEREAS, the Authority entered into a solid waste planning,
coordinating and implementing partnership with Contra Costa County
(hereinafter "County") for the betterment of cost effective county solid
waste management; and
WHEREAS, as part of that partnership, members of the Authority
and County studied, in cooperation with sub-regional solid waste joint
powers authorities, the roles and responsibilities for solid waste--
management; and
WHEREAS, several models were developed for the structure,
financing and staffing of a county-wide council to coordinate the activities
of all cities, sanitary districts and sub-regional joint powers authorities
with responsibility for solid waste planning and management; and
. 4
Resolution 94-4
DISSOLVING AND TERMINATING THE CONTRA COSTA SOLID WASTE
AUTHORITY, SUBJECT TO RATIFICATION BY MEMBER JURISDICTIONS,
AND PROVIDING FOR THE ORDERLY EXECUTION THEREOF
Page Two
WHEREAS, informational workshops and discussions with
members of city councils, sanitary districts and joint powers authorities
about the model structures indicate a lack of political and financial
support for continuance of a countywide solid waste joint powers
authority at this time; and
WHEREAS, the current Agreement contains provisions for the
orderly termination of the Authority, in compliance with the Joint Exercise
of Powers Act, Government Code § 6500 et seq., which are being
implemented by this resolution, including but not limited to requirements:
(1) that termination be by a two-thirds majority vote of all then-existing
members of the Authority, (2) that the termination be at the end of any
Authority fiscal year (the fiscal year of the Authority runs through June
30), and (3) that assets and surplus funds of the Authority be distributed
in proportion to the most recent apportionment of expenses among
member jurisdictions, as actually paid; and
WHEREAS, despite the fact that under the Agreement only a vote
of member representatives is required to terminate the Authority and the
governing bodies of member jurisdictions do not need separately to
approve such termination, the Board deems it in the best interests of the
Authority and the continuing cooperation of the members to provide that
termination be contingent upon ratification by the governing bodies of
sufficient members voting for termination; and
WHEREAS, in consideration of diligent service for the benefit of
the Authority and its members, the members of the Authority have
determined to provide severance compensation for the Authority's staff
member(s); and
WHEREAS, a Money Market Account and a checking account
were established at Wells Fargo Bank in lieu of the Capital Reserve-
Account identified in the Agreement, and that these two accounts contain
all of the fiscal reserves and assets of the Authority; all references in the
Agreement to the Capital Reserve Account will mean the Money Market
Account and checking account of the Authority; and
NOW, THEREFORE BE. IT RESOLVED THAT the Contra
Costa Solid Waste Authority Policy Board (hereinafter "Board") hereby
recommends to its member jurisdictions that the Authority be dissolved
and the Agreement be terminated at the end of the fiscal year, June 30,
1994; and
Resolution 94-4
DISSOLVING AND TERMINATING THE CONTRA COSTA SOLID WASTE
AUTHORITY, SUBJECT TO RATIFICATION BY MEMBER JURISDICTIONS,
AND PROVIDING FOR THE ORDERLY EXECUTION THEREOF
Page Three
BE IT FURTHER RESOLVED THAT contingent upon
ratification by the governing bodies of two-thirds of all then-existing
members of the Authority, such ratification to be made no later than May
15, 1994, the Authority is hereby so terminated as of June 30, 1994; and
BE IT FURTHER RESOLVED THAT in the event that
ratification of termination is not received from sufficient jurisdictions by
May 15, 1994, such termination shall only become effective through
subsequent resolution of the Board; and
BE IT FURTHER RESOLVED THAT there will be no
successor agency designated to carry on the activities of the Authority or
to assume its obligations; and
BE IT FURTHER RESOLVED THAT the Executive Director of
the Authority is directed to forward this recommendation and resolution to
those jurisdictions which are members of the Authority by March 15,
1994, with the request that this recommendation and resolution be
ratified no later than May 15, 1994, as provided herein: and
BE IT FURTHER RESOLVED THAT after termination of the
Authority, the official records of the Authority will be stored at the Central
Contra Costa Sanitary District for as long as that district shall be in
operation. In the event of dissolution of that district, the records shall be
stored with the appropriate department of another former member
agency of the Authority; and
BE IT' FURTHER RESOLVED THAT the division of property in
possession of the Authority will be as follows: all debts and advances to
the Authority will be paid; and all property belonging to the Authority,
including office furniture and office supplies/equipment, will be sold or
otherwise disposed of, or returned to the lessor, according to applicable
law and outstanding leases. The funds collected by the sale of the
Authority's property, or saved by the canceling of outstanding leases,
shall be deposited into the Money Market Account and checking account;
and
BE IT NOTED THAT the Authority has no other physical assets
such as lands, rights-of-way, easements, public improvements, works or
other facilities needing sale or disposition; and
Resolution 94-4
DISSOLVING AND TERMINATING THE CONTRA COSTA SOLID WASTE
AUTHORITY, SUBJECT TO RATIFICATION BY MEMBER JURISDICTIONS,
AND PROVIDING FOR THE ORDERLY EXECUTION THEREOF
Page Four
BE IT FURTHER RESOLVED THAT the Executive Director of
the Authority will prepare a proposed formula for the distribution of funds
in the Money Market Account and checking account including any
interest earned on deposits remaining upon termination of the Authority
and after payment of all obligations, and its real and personal property,
by March 15, 1994. The remaining funds shall be returned to the
member agencies according to the proportion of contribution made by
the member agencies in the most recent apportionment of expenses prior
to the time of dissolution; and
BE IT FURTHER RESOLVED THAT the Executive Director of
the Authority shall notify each member agency of the proposed formula
for the distribution of any remaining funds by March 30, 1994. Each
agency will have 30 days to review the proposed distribution formula.
The proposed distribution formula will be deemed approved by each
member agency unless written notice regarding both the identified
problem with the formula and an alternative formula is given to the
Executive Director of the Authority and other member agencies by April
30, 1994; and
BE IT FURTHER RESOLVED THAT a full and final accounting
of the Authority's financial records be conducted by a certified public
accountant by May 15, 1994;
BE IT FURTHER RESOLVED THAT at the final meeting of the
Authority on June 1 , 1994, the Board shall entertain a resolution for
reasonable severance pay for staff members of the Authority not to
exceed funds then available in the Money Market Account and checking
account; and
BE IT FURTHER RESOLVED THAT at the final meeting of the
Authority on June 1, 1994, the appointed representatives of the member
agencies constituting the Board will be empowered to disperse any
remaining funds in the Money Market Account and checking account
according to either the formula recommended by the Executive Director
of the Authority and approved or deemed approved by member
agencies, or by an alternative formula recommended by a member
agency and noticed to the Executive Director and other member
agencies; and
Resolution 94-4
DISSOLVING AND TERMINATING THE CONTRA COSTA SOLID WASTE
AUTHORITY, SUBJECT TO RATIFICATION BY MEMBER JURISDICTIONS,
AND PROVIDING FOR THE ORDERLY EXECUTION THEREOF
Page Five
BE IT FURTHER RESOLVED THAT upon ratification of
termination and dissolution, the Executive Director of the Authority is
authorized and directed to file all appropriate notices of such action with
the Secretary of State and Clerk of the Contra Costa Board of
Supervisors.
PASSED AND ADOPTED this second day of March, 1994, by
the Contra Costa Solid Waste Authority, by the following vote:
Ayes: Antioch, Central Contra Costa Sanitary District, Clayton,
Danville, Hercules, Ironhouse Sanitary District, Martinez,
Moraga, Orinda, Pinole, San Ramon and Walnut Creek.
Noes: None
Absent: Brentwood, Byron Sanitary District, Crockett-Valona
Sanitary District, Lafayette and Pleasant Hill.
r
Chair
OF
ST00,
ecutive Dir r