HomeMy WebLinkAboutRESOLUTIONS - 08081995 - 95-638 Sb-
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
Re: Authorizing Central Contra Costa RESOLUTION NO. 95/ 638
Solid Waste Authority to enter
Solid Waste Collection
Agreements
The Board of Supervisors of Contra Costa County RESOLVES THAT:
WHEREAS, the Legislature of the State of California, by enactment of the
California Integrated Waste Management Act of 1989 (hereinafter "AB 939"), as set
forth in Public Resources Code §§ 40000 et seq., as it may be amended from time to
time, has declared that it is within the public interest to authorize and require local
agencies, including cities, to make adequate provisions for solid waste handling within
their jurisdiction; and
WHEREAS, County of Contra Costa, pursuant to Public Resources Code §
40000, Government Code § 25827, the California Constitution and preexisting laws,
could have historically provided for the collection, transfer and disposal of solid waste
generated within its unincorporated limits through issuance of exclusive collection
franchises; and
WHEREAS, Central Contra Costa Sanitary District (hereinafter "CCCSD"),
pursuant to its enabling act, case law and as otherwise provided for in Public
Resources Code §§40000 et seq., has historically provided for the collection, transfer
and disposal of solid waste generated within certain portions of its jurisdictional
boundaries in some unincorporated County areas through issuance of exclusive
collection franchises; and
WHEREAS, Central Contra Costa Solid Waste Authority (hereinafter
"CCCSWA") is a joint powers agency formed pursuant to Government Code § 6500, et
seq. and currently is and will be comprised of member agencies of the City of Walnut
Creek, Contra Costa County and CCCSD; and
WHEREAS, a joint powers agency, as a separate public entity, may exercise
those powers commonly held by its respective members, to the extent the member
agencies provide for the exercise of such common powers to the joint powers agency;
and accordingly, CCCSWA, through the Joint Powers Agreement, as it is to be
amended, will have the authority to contract for the collection, transfer and disposal of
solid waste generated within specified jurisdictional boundaries of its member agencies;
and
WHEREAS, the Contra Costa County has concluded that franchising of solid
waste collection on a regional basis within the CCCSWA jurisdictional boundaries will
serve to consolidate coordination and planning of such collection, transfer and disposal
activities, while providing an opportunity to maximize the ratepayers' market power
while providing for economies of scale, thus benefiting the public served by CCCSWA,
including the citizens of involved unincorporated County areas; and
WHEREAS, AB 939 has authorized and directed counties' among other public
agencies, to develop and implement plans with respect to the Source Reduction and
Recycling Elements and Household Hazardous Waste Elements as specified therein;
and
RESOLUTION NO. 95/ 6 3 8
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WHEREAS, the Contra Costa County has concluded that implementation of
these Source Reduction and Recycling Elements and Household Hazardous Waste
Elements can be accomplished most efficiently through use of CCCSWA to administer
and coordinate implementation on a regional basis for certain specified unincorporated
areas; and
WHEREAS, franchise agreements have been prepared by the CCCSWA for use
in entering into franchises between CCCSWA and Browning-Ferris Industries for
Refuse Collection, Transfer and Disposal, and between CCCSWA and Valley Waste
Management for Recycling and Green Waste Collection, Processing and Marketing
Services; and
WHEREAS, Contra Costa County is willing to delegate its solid waste collection
franchise authority (for refuse, recycling and green waste) to CCCSWA for specified
unincorporated areas, provided that the terms of the franchises therefor to be executed
by CCCSWA provide for the basic provisions and are in a form substantially similar to
the above agreements prepared by CCCSWA dated August 3 , 1995
NOW, THEREFORE, the Board of Supervisors of Contra Costa County resolves
as follows:
1. With this County's membership in CCCSWA, this County delegates its
authority to CCCSWA to enter into contracts concerning solid waste collection, transfer
and disposal for the territory within the jurisdictional boundaries of the County as
identified in the aforesaid amended Joint Powers Agreement for provision of refuse,
recycling and green waste service; and
2. The County delegates its authority to CCCSWA to implement the SRREs and
HHWEs of the County through the CCCSWA franchising authority for the specified
unincorporated areas identified in the amended Joint Powers Agreement for these
additional delegations;
3. Said delegation of authority from the County to CCCSWA, as set forth in (1)
and (2) above is for the eight (8) year term of the proposed franchise agreements and is
subject to the limitation that any franchise agreements entered into by CCCSWA shall
be in a form substantially similar to the franchise agreements dated August 3 , 1995
referenced hereinabove, and further conditioned upon appropriate amendments to the
Joint Powers Agreement being enacted by CCCSWA prior to execution of the franchise
agreements; and
4. Said delegation is further conditioned upon Contra Costa County reserving
the right to withdraw at any time, for any reason, the delegations of authority. However,
in doing so, agrees to administer the franchise agreement as negotiated for the term of
the contract.
5. This resolution shall take effect August 8 , 1995
RESOLUTION NO. 95/ 6 3 8
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PASSED AND ADOPTED on August 8 , 1995 , 1995, by the Board of
Supervisors by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
I hereby certify that this is a true and
correct copy of an action taken and
entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED:_ August 8 , 1996
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By: 0,4Vh 0,(,L4,J
D puty
RESOLUTION NO. 9516 3 8
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