HomeMy WebLinkAboutMINUTES - 05172011 - C.48RECOMMENDATION(S):
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a
Memorandum of Understanding (MOU) Termination Agreement (Attachment A),
which terminates the existing MOU between the County and Ironhouse Sanitary
District in order to allow the County to assume authority for franchising solid waste
and recycling collection services in the unincorporated Ironhouse Sanitary District
service area; and
1.
2.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/17/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Lorna Thomson,
925-335-1231
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: May 17, 2011
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.48
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:May 17, 2011
Contra
Costa
County
Subject:AGREEMENTS BETWEEN CONTRA COSTA COUNTY & IRONHOUSE SANITARY DISTRICT
PERTAINING TO SOLID WASTE SERVICES
RECOMMENDATION(S): (CONT'D)
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute
Amendment No. 2 to the Agreement between Contra Costa County, Ironhouse Sanitary
District, Delta Diablo Sanitation District, the cities of Antioch, Brentwood and Pittsburg
for Household Hazardous Waste Collection Services (Attachment B) in order to remove
Ironhouse Sanitary District, add the City of Oakley and acknowledge the County is
assuming responsibility for the unincorporated area previously assigned to Ironhouse
Sanitary District.
FISCAL IMPACT:
No impact to the County General Fund. Approval of these two recommended
agreements, in conjunction with the previously approved Amendment No. 2 to the
Franchise Agreement with Garaventa Enterprises, will result in an increase in the
franchise fee revenue paid to the Department of Conservation & Development which will
offset additional Department costs.
BACKGROUND:
The County and Ironhouse Sanitary District are parties to three agreements which define
their respective roles and responsibilities for managing solid waste programs within the
unincorporated area served by Ironhouse Sanitary District. Ironhouse Sanitary District has
administered a franchise agreement with Oakley Disposal Service, Inc. (owned by
Garaventa Enterprises) to provide solid waste collection and disposal services in the
entire area within the boundaries of the Ironhouse Sanitary District, which includes both
the City of Oakley and a portion of unincorporated Contra Costa County. On February 1,
2010, Ironhouse Sanitary District transferred to the City of Oakley the responsibility for
solid waste collection and disposal for the area in the City. Ironhouse Sanitary District
has requested that the County assume authority for providing solid waste collection and
disposal services in the unincorporated area within its borders. Ironhouse Sanitary District
and County staff proposed to accomplish this by amending or terminating the three
applicable legal agreements described below.
MEMORANDUM OF UNDERSTANDING TERMINATION AGREEMENT:
The County and Ironhouse Sanitary District entered into a Memorandum of
Understanding, which was amended and restated in a Second Amended Memorandum of
Understanding effective September 12, 2007. Execution of the proposed MOU
Termination Agreement (Attachment A) will enable Ironhouse Sanitary District to cease
providing solid waste collection and disposal services in their unincorporated service
area. Thereafter, the County will have the authority to arrange for such services, which
would be accomplished by adding this area into the County's Franchise Agreement with
Garaventa Enterprises.
SECOND AMENDMENT TO THE HOUSEHOLD HAZARDOUS WASTE
AGREEMENT:
Delta Diablo Sanitation District (DDSD) provides household hazardous waste collection
services in East County through a Household Hazardous Waste Agreement (HHW
Agreement). In July of 2002, DDSD entered into this HHW Agreement with the
following 'Subscribers': Antioch, Brentwood, Pittsburg, Ironhouse Sanitary District
(Ironhouse) and Contra Costa County. In 2008, the agreement was amended (Amendment
No. 1) to add the costs of a facility expansion, and to allocate those costs among the
parties.
The purpose of proposed Amendment No. 2 (Attachment B) is to:
add the City of Oakley to the HHW Agreement, 1.
substitute the City of Oakley for Ironhouse as the Subscriber with respect to the
Ironhouse service area within the boundaries of the City of Oakley, and
2.
substitute the County for Ironhouse as the Subscriber with respect to the remainder
of the Ironhouse service area located in the unincorporated County.
3.
SECOND AMENDMENT TO FRANCHISE AGREEMENT WITH GARAVENTA
ENTERPRISES:
Amendment No. 2 to the County’s Franchise Agreement with Garaventa Enterprises was
approved by the Board of Supervisors at the January 25, 2011 meeting. However, this
Amendment will not become effective until the date that the two agreements being
recommended herein are approved by the Board. The Department of Conservation and
Development will start receiving more franchise fee revenue when all three agreements
have been approved and have taken effect.
Conclusion: These three agreements will allow the County to arrange for solid waste
collection and disposal services in the unincorporated area of Contra Costa County in
place of the services provided under the Franchise Agreement administered by Ironhouse
Sanitary District.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the County would not be able to assume authority or receive franchise
fees for managing solid waste programs within the unincorporated area now served by
Ironhouse Sanitary District.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Attachment A: MOU Termination
Attachment B: HHW Amendment 2