HomeMy WebLinkAboutMINUTES - 12081992 - IO.9 a
TO: BOARD OF SUPERVISORS 1 .0.-9
.� Contra
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FROM: INTERNAL OPERATIONS COMMITTEE �► Costa
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x County
DATE: November 30 , 1992
SUBJECT: REPORT RESPONDING TO THE REQUEST OF THE CONTRA COSTA SOLID
WASTE AUTHORITY THAT THE COUNTY JOIN THE AUTHORITY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
A. Create and refer this matter to a special committee consisting
of the 1993 County representatives to the AB 939 Task Force,
with the hope that there can be some continuity between the
membership of the 1992 Internal Operations Committee and 1993
County representatives to the AB 939 Task Force .
B. Provide conceptual concurrence to the following points and
direct staff to work with representatives of the CCSWA in
developing a contractual agreement based upon these points for
presentation to the special committee created in "A" above:
1 . The County and the Authority will commit to the
development of an agreement for a period of 3 years but
renewable for 5 years with the agreement to be reviewed
at the end of the first 6 months for affirmation of its
continuation for further consideration by the Board of
Supervisors and the Authority.
2 . This agreement will include a commitment on the part of
the County to include export of solid waste as part of
the Countywide Integrated Waste Management Plan (CoIWMP) .
In return, the franchising agencies will assure that, if
they export waste, export agreements will provide
mechanisms to:
(a) monitor the location and costs of disposal, and
(b) pass on to the rate payers any cost savings
resulting from lower export rates .
CONT HUED ON ATTACHMENT: X YES SIGNATURE:
-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
-APPROVE OTHER
SIGNATURE(S): ROBERT I . SCHRODER SUNNE WRIGHT McPEAK
ACTION OF BOARD ON Dpcpmher—Fi, 1 9A 7 APPROVED AS RECOMMENDED OTHER X_
The Board RECEIVED the above report responding to the request of the Contra Costa
Solid Waste Authority that the County join the Authority,and SET December 15,
1992 for consideration and action.
The Board further REQUESTED County Counsel to review and see how agreements compare
with previous agreements and what impact they might have on other agreements.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT II ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: _ AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED DerPmher R� 1999
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
CC. See Page 4 . SUPERVISORS AND COUNTY ADMINISTRATOR
BY �� ,DEPUTY
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In addition, the final agreement will recognize that
agencies outside of Contra Costa County may dispose of
solid waste at landfills in Contra Costa County and that
this may preclude the ability of or need for the County
to later provide capacity for jurisdictions which have
entered into export agreements .
3 . The County will respond to all comments on the CoIMP from
the cities . A comment will be incorporated in the CoIMP
where:
a. the County and cities are able to reach concurrence
on the comment, and
b. inclusion of the comment will not jeopardize State
approval of the CoIMP.
4 . The County will complete the Countywide Integrated Waste
Management Plan (CoIMP) and secure approval by the
California Integrated Waste Management Board.
5 . Closure of ACME Landfill is being addressed through the
hands of a "Special Master" adjudicating the lawsuit
between the parties . The member entities of the
Authority will cooperate in this process with the County.
6 . During the first 6 months of the agreement, the County,
the Authority and the subregional joint powers
authorities will delineate their roles and
responsibilities as solid waste entities .
7 . During the first 6 months of the agreement, the County
and the Authority will develop a model garbage collection
franchise agreement and a rate review model .
8 . During the first 6 months of the agreement, the. County,
the Authority and the subregional joint powers
authorities will develop a method for evaluating the
number and cost of transfer stations proposed and suggest
criteria to assure the most cost effective and efficient
system for agencies as well as rate payers .
9 . During the first 6 months of the agreement, the County
and Authority will discuss staff resources and financing.
10 . The cities acknowledge the right of the County to enact
the Materials Diversion Ordinance on December 15, 1992
and the County will review comments from the cities
regarding the Ordinance during the hearing and following
its adoption. Such comments will be used to modify or
amend the Ordinance at the end of the six month review
period.
11 . The allocation of funding for the Authority based on
population will be continued and paid by each
participating agency either directly or via a tipping
fee. The County, or other appropriate entity, will
agree to collection of a tipping fee at transfer
station(s) or landfill(s) sufficient to fund the
activities of the County/Authority partnership upon the
request of a majority of the entities using the transfer
station or landfill .
12 . Nothing herein is intended to be in conflict with any
agreement currently being negotiated by Contra Costa
County and any subregional joint powers authority.
Furthermore, subregional joint powers authorities will be
consulted on a regular basis during the course of
negotiations between the Authority and the County.
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C. Remove this item as a referral to the 1992 Internal Operations
Committee.
BACKGROUND:
On April 13, 1992 , the Contra Costa Solid Waste Authority wrote to
the Board of Supervisors asking that the County join the Authority.
On June 15, 1992, our Committee met with representatives of the
Authority.
On July 28, 1992 , the Board of Supervisors declined to join the
Authority, but authorized our Committee, on behalf of the Board of
Supervisors, to meet with representatives from the Contra Costa
Solid Waste Authority in order to obtain additional information on
the advantages and disadvantages of joining the Authority.
In an effort to establish a context for cooperation on solid waste
management, the County, cities, and other franchising agencies
should seek to work together to build the trust necessary for a
viable organization representing all parties . For this purpose,
the Internal Operations Committee met with representatives of the
Contra Costa Solid Waste Authority on November 30, 1992 and
December 8, 1992 , and came to a conceptual agreement on a number of
points, as is outlined in the above recommendations .
As a part of this meeting our Committee received and reviewed the
attached proposal from the Authority. Our Committee also received
and reviewed in detail the attached report from Ci.,Lmmunity
Development Department staff dated November 25, 1992 .
Val Alexeeff, Director of the Growth Management and Economic
Development Agency, noted in his presentation that the cities had
a number of concerns about the language of Recommendation # 2 as
it was originally proposed in the November 25, 1992 memo from
Louise Aiello to our Committee. This recommendation was
substantially reworked and reworded by our Committee in response to
the concerns which were voiced by the cities . Supervisor McPeak,
in particular, noted that while she had originally opposed any
extended export agreement, she had changed her position, on the
condition that the rate payer would benefit from the reduced
tipping fees which might be paid by franchising agencies in the
short term by exporting solid waste out of County. However, she
noted that in exchange for this concession, the franchising
agencies had to recognize that the County might not be able to
guarantee any long-term disposal capacity at the Keller Canyon
Landfill, since the County might have to allow the importation of
solid waste to Keller in order to maintain the economic viability
of the Landfill .
Supervisor McPeak also noted that none of the franchising agencies
will be able to export until the County has an approved AB 939
Integrated Waste Management Plan and it was, therefore, in their
own interest to insure that the plan was approved as quickly as
possible if they were interested in exporting solid waste out of
Contra Costa County.
We also explored the positions of various cities which had
expressed strong feelings about export and the use of the Keller
Canyon Landfill, but were unable to get a clear statement of the
position of these cities, particularly the City of Pittsburg and
the City of Concord.
Supervisor McPeak also noted her concern about the possible
proliferation of expensive full-blown transfer stations which might
not be necessary. She suggested that the total number of transfer
stations needed to be contained, and that certainly the number of
expensive ( i .e. , $35 million) transfer stations needed to be
restricted in preference to smaller, less expensive ones or a much
smaller number of the larger, expensive transfer stations . This
discussion lead to the proposed wording of recommendation # 8
above.
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Following a very candid and forthright discussion of the issues and
concerns on both sides, our Committee agreed to the above
recommendations, to which we understand the representatives from
the Authority with whom we met also have agreed.
We are suggesting that a special committee of the Board of
Supervisors be formed to continue this dialogue with the Authority.
In order to provide some continuity, our Committee would strongly
suggest that Supervisor McPeak be continued as one of the Board' s
representatives on the AB 939 Task Force, and thereby one of the
members of this special committee.
cc: County Administrator
Director, GMEDA
Community Development Director
Louise Aiello, CDD
County Counsel
Avon Wilson, Executive Director
Contra Costa Solid Waste Authority
Don Blubaugh, City Manager
City of Walnut Creek
Dave Rowlands, City Manager
City of Antioch
Kevin Carunchio, City of Pittsburg
-4-
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
November 25, 1992
TO: Internal Operations Committee
(Supervisors Schroder and McPeak)
FROM: Val Alexeeff, GMEDA Director
BY: Louise Aiello, County AB 939 Program Mgr.
SUBJECT: Contractual Agreement Between Contra Costa County and
the Contra Costa Solid Waste Authority
------------------------------------------------------------------
On November 24, 1992, Val Alexeeff, Louise Aiello, Don Blubaugh,
and Avon Wilson met to discuss the transition plan prepared by the
Authority and points of interest to the County. As a result of
this discussion, we are jointly recommending to your Committee the
following nine ( 9 ) points as the basis for a partnership between
the County and the Authority:
1 . County and Authority agree to commit to a contractual
agreement as follows--
a. contract to be for the period of 3 years and renewable for
5 years
b. contract will be reviewed at the end of the first 6 months
for affirmation of continuance.
2. The County and franchising cities/sanitary districts agree
not to enter into any export agreements that cannot be rescinded
after 3 years.
3 . The County will complete the Countywide Integrated Waste
Management Plan (CoIWMP) and secure approval by the California
Integrated Waste Management Board.
4. The cities will approve the CoIWMP.
5. Closure of ACME Landfill is being addressed through the
hands of a "Special Master" adjudicating the lawsuit between the
parties. The member entities of the Authority will cooperate in
this process with the County.
6. During the first 6 months of the contractual agreement,
the County and the Authority will delineate role and
responsibilities of all solid waste entities--the County, the
cities/sanitary districts, the Authority, the various subregional
joint powers authorities.
7 . The County and the Authority will develop a model garbage
collection franchise agreement and a rate review model.
Solid Waste Contractual Agreemt. , pg. 2
8. The cities and the sanitary districts will commit to the
diversion goals of 25% by 1995 and 50% by the year 2000 and will
work with the County during the first 6 months on an Ordinance
which implements this diversion policy.
9. The County will agree to collection of a tipping fee at
the transfer station or landfill sufficient to fund the activities
of the County/Authority partnership upon the request of all of the
cities/sanitary districts.
We are jointly recommending that your Committee approve these
points and recommend them to the full Board of Supervisors.
cc: Avon Wilson, Executive Director--CCSWA
Don BluBaugh, City Manager--Walnut Creek
al/a:iojpa3 .mem
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%��(,;
► Contra Costa Solid Waste Authority
Avon M. Wilson November 30, 1992
E.kecuti've Director
4737 linhol(Ploce.Suite 4
A•lortinez,C.a 94553
(510)229-9113 Board of Supervisors' Internal Operations Committee
FAx 1510 229-9174
Contra Costa County
651 Pine Street - 11 th Floor
Martinez, CA 94553
Attention: Supervisor Sunne Wright McPeak
Supervisor Robert I. Schroder
Subject: Contra Costa Solid Waste Management Transition
Proposal
Dear Supervisor McPeak and Schroder:
As your Committee requested, the report which follows details the
Authority's response to your request for a proposal which
discusses some options for transitioning solid waste activities
currently being administered by Contra Costa County to the
Contra Costa Solid Waste Authority. This is a follow-up to
discussions which your Committee has had with members of the
Authority pursuant to the Authority's request for the County to join
the Authority.
In responding to your request, the Authority has tried to suggest
options sufficient to provide a variety of approaches to a
partnership between our two bodies. As we have previously
stated to your Committee, the Authority is not wedded irrefutably
to any one option, although our preference for membership in a
joint powers' authority permits all franchising entities to be sitting
down at one table and working together in developing policy,
planning and implementing programs together. We believe such
an approach is of immense long term benefit, not just for wise solid
waste management, but for cooperation in other ventures.
Si rely,
mes J. Seeny
Chair
JJW:amw
Attachment
®Recycled Paper
CONTRA COSTA SOLID WASTE MANAGEMENT
TRANSITION PROPOSAL
Prepared for
THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS
INTERNAL OPERATIONS COMMITTEE
Submitted
November 30, 1992
By
James J. Sweeny
Gretchen Mariotti
Barbara Price
Susan McNulty Rainey
Donald Blubaugh
David Rowlands
Avon M. Wilson
on behalf of
THE CONTRA COSTA SOLID WASTE AUTHORITY
CONTRA COSTA SOLID WASTE MANAGEMENT
TRANSITION PROPOSAL
EXECUTIVE SUMMARY
Issue
On April 13, 1992, the Contra Costa Solid Waste Authority (Authority) requested
that the Contra Costa County Board of Supervisors join the Authority. After
consideration by the Board's Internal Operations (10) Committee, the Board
declined to join at that time, but referred the matter back to the 10 Committee for
further discussion with representatives of the Authority and information
gathering.
Since then, the 10 Committee has met with representatives of the Authority and
it has been agreed that the Authority will prepare a proposal for the transition of
solid waste activities currently managed by the County to the oversight of the
Authority. Of primary interest would be the transition of the AB 939 activities
once the Draft Countywide Integrated Waste Management Pian is approved by
the California Integrated Waste Management Board.
Recommended Action
In a three stage phased transition program, spanning 3-20 years, transfer
appropriate County administered county wide solid waste programs to the
oversight of the Authority.
Fiscal Impacts
The Contra Costa County Board of Supervisors would be asked by the cities
and sanitary districts to levy a fee at the landfill/transfer stations necessary to
support the agreed upon solid waste activities. It is expected that the financial
impact on the ratepayers would be offset by reduction in the cost of current
duplicative programs which can be coordinated by the Authority.
Discussion
Background
The most recent of the proposals for a Contra Costa Solid Waste Authority had
its genesis in the 1988 county wide landfill disputes. The landfill crisis came out
of the lack of shared leadership inherent in the then enabling legislation, SB 5:
• County government was responsible for developing the County Solid
Waste Management Plan (CoSWMP); which was primarily oriented to
goals/policies/objectives/criteria related to siting landfills.
Contra Costa Solid Waste Management Transition Proposal
Page Two
• Complicating the County's management was the multiplicity of players
and division of responsibilities: 22 franchising public agencies and 8
different haulers.
• All franchising agencies deferred to the County leadership which
deferred to the haulers to provide necessary landfills.
Responding to a need for shared leadership, in August, 1988, the then Solid
Waste Commission, a County advisory body, initiated a feasibility study of a
county wide solid waste joint powers authority; gathering support from a
majority of the Board of Supervisors, the cities, sanitary districts and the public
managers. After an agreement was prepared and agreed upon by 17 cities and
4 sanitary districts, the Contra Costa Solid Waste Authority was formed in July,
1991. With the goal of membership by all the garbage franchising agencies in
the county, its mission was to become the county wide solid waste policy
making, administrative, coordinating and implementing body for Contra Costa
County. Complicating its effectiveness in fulfilling this charge were an imposing
number of duplicative County and sub-regional agencies:
Contra Costa County Directed Activities
Contra Costa County Community Development Department
• Board of Supervisors' Internal Operations Committee
• Board of Supervisors' Environmental Affairs Committee
• Contra Costa County Hazardous Materials Commission
• Plastics Recycling Task Force
• Contra Costa Integrated Waste Management Task Force (AB 939 )
• AB 939 Market Development Zone Technical Advisory Committee
Sub-Regional Agencies
• West Contra Costa Integrated Waste Management Authority
• Central Contra Costa Joint Powers Authority
• Delta Diablo Sanitation District/Antioch/Pittsburg/Contra Costa County
Joint Powers' Authority
County wide
Contra Costa Solid Waste Authority
Organizational Alternatives
The thrust of the alternatives proffered is to provide some organizational options
for discussion which can lead to County/Authority consensus for County
membership in the Authority and the degree/pace to which County administered
solid waste activities get transferred to the Authority:
Contra Costa Solid Waste Management Transition Proposal
Page Three
• Option I. No Change.
• Option II Local Task Force Administered Program.
• Option III AB 939 Contractual Coordination by County Staff.
• Option IV Sub-Regional JPAs Directed Solid Waste Programs.
• Option V Special District.
• Option VI County/Authority Contractual Equal Partnership for AB 939.
• Option VII Phased in County wide Joint Powers Authority.
Major Considerations
Key to success of the proposed shared leadership is understanding the
benefits/obstacles of this partnership. They include shared responsibility, cost
effective programs, reduction of political conflicts; responding to the challenges
of building trust, divergent agendas and organizational barriers.
Recommendation
An incremental process for shared leadership should begin as soon as
possible, utilizing a combination of Options VI and VII.
Contra Costa Solid Waste Management Transition Proposal
Page Four
ISSUE
On April 13, 1992, the Contra Costa Solid Waste Authority, requested that the
Contra Costa County Board of Supervisors join the Authority. After referral to
and consideration by the Board's Internal Operations (10) Committee, the
Board of Supervisors declined to join at the present time. However, the Board
authorized the 10 Committee, on behalf of the Board, to continue to meet with
representatives of the Authority, to discuss the relative advantages and
disadvantages of joining the Authority. At present, the matter is to remain on
referral to the 10 Committee with the direction to the Committee to report back to
the Board as events dictate further reports.
Accordingly, at its follow up meeting on August 10, 1992, the Authority
representatives met with 10 Committee staff and members. After discussing the
merits and barriers related to joining the Authority, the 10 Committee requested,
and the Authority representatives agreed, to develop a report for the 10
Committee to review. This report would discuss options for the transition of
certain solid waste activities currently under the aegis of the Contra Costa
County to that of the Contra Costa Solid Waste Authority. This transition would
assume County membership in the Authority. The report is to include, but not be
limited to:
• A plan for how the role and activities of the AB 939 Task Force could be
incorporated into the responsibilities of the Authority once the Draft
Countywide Integrated Waste Management Plan is completed and
approved by the California Integrated Waste Management Board.
• A discussion of how the three sub-regional Joint Powers Authorities
could interface with the Authority, once all franchising entities are
members.
• A discussion of the role of the non-franchising local jurisdictions in the
overall organization of the Authority.
It was also understood by both the Committee and the Authority representatives
that the transition report would be developed with input from County staff which
would include the work plan and budget for the County's solid waste activities.
This report responds to the Committee's request.
RECOMMENDED ACTION
In a three stage phased transition program, spanning 3-20 years, transfer
appropriate County administered county wide solid waste programs to the
oversight of the Authority.
Contra Costa Solid Waste Management Transition Proposal
Page Five
FISCAL IMPACTS
The Contra Costa County Board of Supervisors would be asked by the cities
and sanitary districts to levy a fee at the landfill/transfer stations necessary to
support the agreed upon solid waste activities. It is expected that the financial
impact on the ratepayers would be offset by reduction in the cost of current
city/sanitary district/County programs transferred to the Authority. The Authority
is in the process of analyzing budget information requested of the County and
the cities. Upon receipt and analysis of all requested data, and presenting it in
an understandable format, it will be made available for consideration.
DISCUSSION
Background
The most recent of the proposals for a county wide solid waste joint powers
authority had its genesis in the county wide landfill disputes which culminated in
the Board of Supervisors' landfill deadlock; imperiling the approval of the
County Solid Waste Management Plan and necessitating the export of Central
County's garbage. The disputes came out of a crisis in leadership related to the
lack of shared leadership inherent in the then enabling legislation, SB 5:
• Up until the passage of AB 939, SB 5 was the prevailing solid waste
legislation. Under its provisions, County government was held
responsible for the County Solid Waste Management Plan (CoSWMP).
While the CoSWMP superficially touched on other aspects of solid waste
management, such as recycling, the primary thrust was establishing
criteria, goals/policies/objectives which related to the classification, siting
and use of landfills. A frustrating and complicating overlay on this
circumstance was the multiplicity of players - both public and private in
the Contra Costa solid waste arena:
" Solid waste facility permits were required from a variety of public
agencies.
22 different public agencies in the county franchised garbage
collection. Each was independent and autonomous. In their June,
1988 joint letter to the Board of Supervisors, relative to the lack of
landfill space left at Acme Landfill and the need to export Central
County's garbage, County Administrator Phil Batchelor and
Community Development Director Harvey Bragdon decried the
"lack of one single public agency or private enterprise empowered
to have control and authority over solid waste collection and
disposal; to be able to unilaterally dictate a solution to the
problem". Their recommendation for the short term was for the
Board of Supervisors to invite one elected representative plus the
Contra Costa Solid Waste Management Transition Proposal
Page Six
city manager of each city in the county and one elected
representative plus the general manager of each of the eight
sanitary districts in the county to join a representative of the Board
of Supervisors and the County Administrator to form a working
group would meet, identify steps needed to insure a solution to the
short term problem of depleted landfill space.
The haulers, all of whom had a financial interest in at least one of
the county's three existing and nearly built out landfills, by and
large had been granted control of the wastestream in exchange
for the assurance that they could and would provide for where they
would dispose of all the solid waste which they collected.
• With the exception of the West County, most jurisdictions deferred to
County leadership, trying to stay as uninvolved as possible. Except for
those requirements of SB 5, the cities and the County deferred to the
haulers as controllers of the various waste streams to provide the
necessary landfills.
• After two comprehensive landfill studies and recommendation by a
county wide landfill siting task force and a succession of landfill
applications, all of which had opposition from various constituencies, the
Board of Supervisors deadlocked on all potential landfill sites to be
included in the CoSWMP; landfills necessary for its approval by the then
California Waste Management Board.
• With no one entity authorized to act on behalf of the various franchising
entities, the County and the haulers, it was necessary to develop an MOU
among the County, the cities and the franchising sanitary districts to
enable a joint jurisdictional negotiating team to negotiate export of
Contra Costa's solid waste to an out of county site.
In August, 1988, urged by its West County representatives and. responding to
the need for some new form of shared leadership authorized to speak with one
unified voice, the then Contra Costa County Solid Waste Commission, a County
advisory body representing the County, cities, sanitary districts and the public,
requested the County, the cities and sanitary districts to support the concept of a
joint powers agency.
With support from the Board of Supervisors, the Mayors' Conference, the Public
Managers Association and the Sanitation and Water Agencies' Association, a
draft agreement was developed along the lines of that which governs the
Alameda Solid Waste Management Authority. After extensive review, involving
prolonged negotiation with the County Environmental Affairs Committee and
staff, amendments and modifications by all affected agencies, the joint powers
authority Agreement (See Appendix A) was approved through resolution by
Contra Costa Solid Waste Management Transition Proposal
Page Seven
17 cities and 4 sanitary districts. The Contra Costa Solid Waste Authority
held its first meeting in July 1991, formulated and approved its Mission
Statement (See Appendix B ) in September 1991, its budget and member
assessments in February 1992, hired its interim staff in March, 1992 and
finalized its Goals, Objectives and Action Plan in July 1992 (See Appendix B ).
In order to put the County's consideration of Authority membership in
perspective a review of current County, subregional and local solid waste
committees and their overlapping activities follows:
Contra Costa Agencies Involved in Solid Waste Planning and
Programs
Contra Costa County Directed Activities
Contra Costa County Community Development Department
This department has traditionally provided county wide solid waste planning
and program implementation. With the advent of AB 939 and its requirement
that each jurisdiction assumes that responsibility within its boundaries and with
the formation of subregional and county wide joint powers authorities, the
County's administrative/ policy setting/planning and program development is in
transition.
At present, its solid waste activities includes staffing the Local Task Force and
responsibility for preparation of the unincorporated area Source Reduction and
Recycling Element (SRRE), its Household Hazardous Waste Element (HHWE),
the Siting Element and the Countywide Integrated Waste Management Plan
(CoiWMP). It also provides the staffing for all other County directed solid waste
committees, including the Recycling Market Development Zone Council. Other
activities in which the Community Development Department staff is influential
include facility siting, facility enforcement, Recycling Hot line, franchising in the
unincorporated area and some elementary school recycling coordination.
Board of Supervisors' Internal Operations Committee
Along with the Finance Committee, is one of the two original Board of
Supervisors' standing committees. Until the formation of the Board's
Environmental Affairs Committee in 1990, this two person committee was
interfaced on all solid waste issues with the then Solid Waste Commission, an
advisory body comprised of elected officials from cities and sanitary districts. In
tandem with the the Solid Waste Commission, the Hazardous Materials
Commission and other solid waste committees, it made recommendations
regarding both solid and hazardous waste management to the whole Board.
Currently, solid waste activities are usually restricted to interviewing candidates
and recommending appointments to the AB 939 Local Task Force. However, at
Contra Costa Solid Waste Management Transition Proposal
Page Eight
the Board's referral, or if the Committee is particularly interested in an issue, it
may elect to consider an issue outside its ordinary scope of interest or purview.
Board of Supervisors' Environmental Affairs Committee
Formed as a new committee by the Board in 1990, this two person Board
committee assumed all environmental review responsibilities previously held by
the Internal Operations Committee and supplanted the Solid Waste
Commission as the County's primary voice regarding solid waste management.
Until the State mandated AB 939 Task Force was formed in April, 1991, this
committee and staff were shaping a majority of the solid waste management
recommendations affecting the entire county. Until the formation of the Contra
Costa Solid Waste Authority in July, 1991, it was the only forum available for
those solid waste issues outside the purview of the AB 939 Task Force.
Despite the broad expertise and perspective on the Task Force, the Committee
sometimes functions as another Board of Supervisor review and recommending
layer inserted between many of the Task Force' recommendations and the
Board's decisions.
Contra Costa County Hazardous Materials Commission
In 1983, the Board of Supervisors created the Hazardous Waste Task Force
which met for three years to develop policies and recommendations to guide
hazardous waste management in Contra Costa County. All of the the
recommendations of the Task Force, including that of establishing a County
Hazardous Materials Commission, were adopted by the Board. The
Commission is comprised of representatives from the Board, the cities, fire
districts, sanitary districts and representatives from both the public and private
sectors. The Commission has been charged with the responsibility of
establishing model policies and programs for uniform adoption throughout the
County dealing with hazardous wastes or with the storage and transportation of
hazardous materials. Recognizing that household hazardous waste was more
of a solid waste disposal issue, a joint committee comprised of representatives
of both the Solid Waste and the Hazardous Materials Commissions met to
develop special programs aimed at alleviating this problem. One example of
this committee's work was the very popular and successful BOP DROP day
when citizens all over the county could drop off used motor oil, latex paint and
car batteries. With the requirement that a household hazardous waste element
be added to comply with meeting AB 939 planning goals, this function of the
Commission has been transferred to the AB 939 Task Force, assisted by the
County Department of Health Services staff.
Plastics Recycling Task Force
On August 15, 1989, the Board of Supervisors approved the establishment of a
Plastics Recycling Task Force to implement programs and goals recommended
Contra Costa Solid Waste Management Transition Proposal
Page Nine
by the Plastics Committee of the Solid Waste Commission in its report,
Reducing Plastics in the Wastestream. These policies support the collection
and recycling of mixed waste plastic in the county's wastestream as preferential
to ultimately banning such materials. The objective of the Task Force is to work
with representatives of the plastics industry to achieve the goal of being able to
sort and recycle plastic waste in an economical manner and help stimulate a
market for recycled plastic products which will make it financially advantageous
for industry to recycle such wastes. The Task Force has been comprised of
former Plastics Committee members, Board members, resin producers, garbage
haulers, recycling collectors plastics processors, a city involved with recycling,
environmental organizations and the public. The Task Force has been
influential in motivating the industry to provide curbside pickup and collection of
a variety of plastic resins, notably, HDPE and PET. The Task Force has been
instrumental in the development of a Materials Diversion Ordinance which
would mandate time lines by which all jurisdictions must have recycling
programs for designated materials or they will be prohibited at County
controlled landfills and transfer stations.
Contra Costa Integrated Waste Management Task Force (AB 939 Local Task
Force)
Formed in April, 1990 per the requirements of AB 939, the Task Force is
responsible for:
• Identifying solid waste management issues of county-wide or regional
concern;
• Determining the need for solid waste collection systems, processing
facilities and marketing strategies that can serve more than one
jurisdiction within the region;
• Facilitating the development of multi-jurisdictional arrangements for the
marketing of recyclable materials;
• To the extent possible, facilitating a resolution of conflicts and
inconsistencies between or among city Source Reduction and Recycling
Elements and Household Hazardous Waste Elements; and
• Developing goals, policies and procedures to guide the development of
the Siting Element.
The Task Force is an arm of the County and is comprised of members of the
following: 2 Supervisors, 2 members of solid waste industry, 2 members of
environmental groups, 3 public members representing the three geographical
regions of the county, 1 Central Sanitary representative, 1 Delta Diablo
Representative, 1 West County Sanitary District Representative, 1
Contra Costa Solid Waste Management Transition Proposal
Page Ten
representative from the remaining small sanitary districts, 2 council members
representing West County cities, 2 representing East County cities, 2
representing Central and South Central cities and 1 representing the City of
Concord. Elected officials from cities and sanitary districts are endorsed by the
Internal Affairs Committee and appointed by the Board of Supervisors upon
nomination by their member agencies; all other representatives are appointed
by the Board of Supervisors upon their nomination by the Internal Affairs
Subcommittee of the Board of Supervisors.
AB 939 Market Development Zone Council
The Market Development Zone Council has been formed to oversee and
recommend implementation of the provisions of the Recycling Market
Development Zone Plan for the shoreline of Contra Costa County. The Plan and
its program concentrates of recycling market development within the Zone for
four materials: plastics tires tin and yard waste. The goal of the program
through the development of recycling industries within the Zone - guaranteeing
supply of sufficient feedstock to the industries, demand and the supply for end-
use products made from the four recyclables.
The Council is comprised of representatives of Contra Costa County - which
will act as lead agency and staff the Council - Delta Diablo Sanitation District,
West Contra Costa Integrated Waste Management Authority and the Cities of
Antioch, Pittsburg, Brentwood, Martinez, Hercules, Pinole, San Pablo,
Richmond and EI Cerrito.
Sub-Regional Agencies
West Contra Costa Integrated Waste Management Authority
Established on April 1991, it was formed by the cities of EI Cerrito, Hercules,
Pinole, Richmond, San Pablo and the West Contra Costa Sanitary District. The
Authority is currently negotiating with Contra Costa County to join as a member.
Its objective is to develop an Integrated Resource Recovery Facility (IRRF); key
to achieving diversion goals set forth in AB 939. With the exception of the City
of EI Cerrito, members of the agency have jointly hired a consultant to prepare
common Source Reduction and Recycling Elements and Household Hazardous
Waste Elements. A function of the agency will be to coordinate all activities -
public information, marketing, etc. - relevant to implementation of the
participating entities' SRREs. The Authority reviews closure and post closure
plans for the current landfill and oversees the West Contra Costa Sanitary
Landfill Closure Trust Fund. As part of the Authority's Agreement all entities
have agreed to direct their wastestream to the IRRF. Current financing for
operational activities is provided by a yearly flat fee assessment of $25,000 per
vote given to each entity plus any additional assessments necessary for
operation until the IRRF is operational. When the IRRF is constructed and
Contra Costa Solid Waste Management Transition Proposal
Page Eleven
operational, capital and operating costs will be financed by tipping fees and,
ultima►aly, grant monies. It hopes to have the IRRF operational in 1994. It may
need an interim transfer station at the landfill.
Central Contra Costa Joint Powers Authority
Formed on August 3, 1990, the Authority has broad exercise of powers which
gives it purview over transfer stations, resource recovery facilities, recycling
facilities, including composting, household hazardous waste facilities and
landfills. It allows for public ownership of said facilities and it allows for other
joint efforts as regards handling and disposal of the solid wastestream. While
membership in the Authority is open to all jurisdictions in Central County which
franchise the collection and disposal of solid waste, its current membership is
comprised of the Central Contra Costa Sanitary District (which franchises for
Danville, Lafayette, Moraga, Orinda and the unincorporated areas of Alamo,
Blackhawk, Pacheco/Clyde, Roundhill and Walnut Creek), the City of San
Ramon and the City of Walnut Creek. The Central County cities of Concord and
Clayton have not joined but the cities of Martinez and Pleasant Hill have
recently expressed interest in membership. Prior to the recent sale of the Acme
Transfer Station to Browning Ferris Industries, it was negotiating a membership
agreement with Contra Costa County in concert with potentially acquiring the
Acme Transfer Station to use as a Materials Recovery Facility. This facility was
intended to facilitate meeting the diversion requirements of AB 939 and AB
2707.
Delta Diablo Sanitation District/Antioch/Pittsburg/Contra Costa County Joint
Powers' Authority
Formed in June 1991 by the above entities, the purpose of the Joint Powers
Authority is to provide for meeting the recycling goals of AB 939 and AB 2707 as
follows: performing all services related to disposal of solid waste; to recycle
materials that would otherwise be landfilled; to construct and operate a transfer
station which may include facilities to receive solid and hazardous wastes; to
temporarily store, separate, convert and process materials from solid waste; and
to transfer remaining materials for disposal and/or transformation. In
addressing the requirements of AB 939 and AB 2707, the JPA has broad
powers which can permit it to become involved in implementation activities such
as rate regulation, market development, etc. With the recent signing of a
secondary MOU agreement by the City of Pittsburg, the JPA has begun the
environmental process for a planned Materials Recovery Facility which will
serve the member communities in East County . It is expected that the City of
Brentwood will be allowed to use the facility under contract. Under the global
agreement, jurisdictions retain their franchising rights. All start up costs are
being paid by Delta Diablo Sanitation District.
Contra Costa Solid Waste Management Transition Proposal
Page Twelve
County wide
Contra Costa Solid Waste Authority
Initiated in May 1988 and established in July 1991, the Contra Costa Solid
Waste Authority operates under a joint exercise of powers agreement currently
between all Contra Costa cities, excepting the City of Concord and the Mt. View,
Rodeo Sanitary Districts and the Kensington Community Services District.
Membership is open to all solid waste franchising agencies in the county. It is
the only solid waste forum in Contra Costa County where all franchising entities
are equally represented and have a voice. Formed with the goal of being the
county wide solid and household hazardous waste agency for the county, it has
broad and comprehensive powers which encompass every aspect of solid
waste management. With one representative from each member agency
deliberating at the same table, its objective is to put solid waste planning and
implementation under one roof, providing a cohesive, coordinated, responsive
and unified cost-effective program consistent with the general public good and
the protection of the environment. Its scope is as broad or as restricted as the
members may direct, such as development of facilities, programs in waste
reduction, facilitating market development, technical assistance and public
education; ultimately encompassing the activities of the Local Task Force into its
programs by overseeing the development of the Contra Costa County
Integrated Waste Management Plan and its implementation. However, its intent
is not to preempt any current programs, projects or agreements entered into by
its current or potential member agencies.
Organizational Alternatives
The thrust of the alternatives proffered is to provide some organizational options
for discussion which can lead to County/Authority consensus regarding:
• the County's membership in the County wide JPA.
• the extent and pace for the potential transition of County administered
solid/household hazardous waste programs and/or staff to the Authority.
In considering these options, a broad based sampling of perspectives was
sought from County, sanitary district and city elected officials and staff,
environmentalists, recyclers, attorneys, Local Task Force members and haulers.
The question posed to each of those interviewed was: "if you had the power to
create the solid waste picture for Contra Costa County what would it look like?
What problems would there be in buying into the program in your region? How
would you sell it to the County; the ratepayers?"
Their comments and consensus on alternatives potentially possible were of
significant influence in shaping the options which follow:
Contra Costa Solid Waste Management Transition Proposal
Page Thirteen
Option l - No Change
• Individual jurisdictions are responsible for meeting all their AB 939
requirements which include staffing levels and programs necessary to
set those plans in action.
• The Local Task Force maintains its advisory role to the sanitary districts,
the cities and the Board of Supervisors, researching, recommending
policy and brokering coordination strategies to be considered by the
various individual and sub-regional entities. The Local Task Force role
will continue to be constrained by the existing statute unless the Board
and a majority of a majority of the cities vote to expand its role and title to
something more than that prescribed by law.
• Members of the Local Task Force will be nominated by their member
constituencies or the Internal Operations Committee and approved by the
Board of Supervisors.
Ootion /I- Local Task Force Administered Solid Waste Management Program
Under the provisions of AB 939, this type of oversight, or line responsibility
would necessitate an agreed upon name and job description change from that
delineated in the law. It would have to be approved by the Board and a majority
of the cities with a majority of the population. Current organizations/interest
groups represented could be retained or altered to respond to the technical
expertise/broadened political participation necessitated by its expanded super
agency role which includes policy making, supervision, administration,
implementation, appointments, etc, in all areas of solid waste. Members would
have to be selected by both the Board of Supervisors and the cities upon
recommendation by the Board 10 Committee, the sub-regional JPAs and the
Mayors Conference. Staffing would have to be expanded to provide for
expanded responsibilities, with the AB 939 tipping fee/Resource Recovery Fee
increased accordingly.
Option ///- Contractual Coordination by County Staff
The Authority, with Contra Costa County as a member, would assume oversight
for all AB 939 related responsibilities. Instead of hiring its own planning staff, it
could contract with Contra Costa County Community Development and Health
Services Departments to staff the Local Task Force and other AB 939 related
activities. The Local Task Force would serve as a subset of the Authority,
performing those responsibilities ordained by the statutes and regulations. If
the Authority members chose, the Local Task Force role could be expanded to
provide advice on other solid waste issues of interest to Authority members.
The Local Task Force expertise/constituency makeup could be altered to
replace elected officials with technical experts in various solid waste related
Contra Costa Solid Waste Management Transition Proposal
Page Fourteen
disciplines. The Authority's role would be to recommend strategies/programs
for co%,rdinating multiple jurisdictional efforts and to broker partnerships which
better utilize various jurisdictions' leadership/expertise to reduce costs.
Option IV- Sub-Regional Joint Powers Directed Solid Waste Programs
Under this option, the Board of Supervisors and the Mayors' Conference would
agree to set up three to four geographically oriented districts, which include the
unincorporated segments. At least one representative of each city and the
County should sit on the sub-region's JPA.
• The sub-regional JPA would have autonomy and staffing necessary to
handle all sub-regional solid waste matters: administration, preparation
and implementation of all AB 939 activities.
• In conjunction with the other JPAs, its representatives would form the
membership interface with a county-wide JPA which would
be comprised of the chair and vice chairs of all sub-regional JPAs.
would have staff sufficient to oversee its administrative, financial
and clerical activities and to implement its programs.
deal with coordination of issues/programs, etc., which overlap
more than one region.
provide coordination which doesn't cost much money.
be supported by a tipping fee surcharge/grant monies.
• The sub-regional JPAs could be empowered through the County wide
JPA to interface with the Local Task Force as follows:
Oversee/administrate the AB 939 advisory functions, hiring staff
necessary to develop, coordinate AB 939 COIWMP plans,
implementation.
• Contract with Contra Costa County for AB 939 staffing as
described in Option III. This would be similar to County personnel
who staffed Transportation Measure C in its formative months.
Option V- Special District
In conjunction with the cities and franchising sanitary districts, support the
formation of a special district which functions much the same way as a public
utility commission. It could
Contra Costa Solid Waste Management Transition Proposal
Page Fifteen
• be appointed by the cities, franchising sanitary districts and Board of
Supervisors much the same way as t0b Local Task Force; with the
individuals professional qualifications, areas of expertise and
geographical representation voted on.
• be directly elected as a separate special district.
• have power to site facilities, set facility rates, develop and exact plans
and programs.
• have county wide jurisdiction.
• be able to act autonomously within set parameters.
• be required to weigh all issues within the regional framework.
• regulate solid waste as any other public utility.
Option V1- Authority/County Contractual Partnership for AB 939
This option would allow a more gradual transition of administrative oversight
from Contra Costa County to a county wide organization, such as the Contra
Costa Solid Waste Authority, by creating an interim partnership responsible for
administering and implementing AB 939. The guiding premise of such an option
would be the absolute equality of both bodies working together - The Board of
Supervisors and the Contra Costa Solid Waste Authority. Created by an
appropriate legal agreement, such as a Memorandum of Understanding, it
could have some, all or more than the following provisions:
• A steering committee comprised of 2 representatives each from the
Board of Supervisors and from the Authority who could be empowered
to:
Determine staffing needs and to select staff - regular and contract -
either from existing city/County staff or hire new staff.
Provide oversight and direction to staff in the implementation,
coordination, and responsibilities necessary in complying with
AB939.
• Provide policy direction and supervision to the Local Task Force
within the parameters agreed to by both jurisdictional bodies.
Enter into contractual agreements necessary to meet the
requirements of AB 939.
Contra Costa Solid Waste Management Transition Proposal
Page Sixteen
Prepare a budget.
• At the behest of the cities and sanitary districts, would request the Board
of Supervisors to levy fees at the transfer stations/landfills necessary to
financially support the AB 939 activities of the steering-committee.
Option Vll - County Wide Joint Powers Authority
This option envisions a county wide organization comprised of one
representative, each from every city, franchising sanitary district and the
County. It would have powers broad enough to allow it, if the members so
chose, to develop policy, plan and site facilities, regulate rates and
control/administer/direct the development/coordination/implementation of AB
939 activities, as follows:
• Full representation by each franchising entity and non franchising city,
with weighted vote keyed to population within the franchise area (See
Authority Agreement, Appendix A - page 10).
As an alternate - Use the ABAG voting process by which County wide
JPA and County representatives would vote each as separate blocks;
with a given majority of affirmative votes from each group necessary for
passage. As with the current weighted vote provided for in the Authority's
Agreement, this bipartite majority vote could be reserved for certain types
of issues, i.e. approval of the budget, etc.
• Its representatives would also serve on sub-regional JPAs, providing
continuity for overlapping activities.
• Sub-regional JPAs could be determined by areas of service, response or
watershed:
Could administer/set rates for the regional facilities
Could respond to special needs, with assistance by the county
wide JPA staff, as needed within the parameters set by the county-
wide JPA.
` Could oversee implementation of all subregional AB 939
responsibilities within broad framework of county wide policies,
goals and objectives.
Could initiate and sponsor development of county wide programs
which fit within the larger framework.
Would handle sub-regional issues; facilities only.
Contra Costa Solid Waste Management Transition Proposal
Page Seventeen
• Could direct the wastestream in an organized fashion.
• Could set regular time for rate increases.
• Could seek economies in handling the franchises and territories through
common franchise agreements and/or new hauling areas.
• Could share fees.
• Could consider blending commercial/residential/ industrial franchise fees
to equalize rates.
• Could consider public ownership of all facilities.
• By adoption of recommended policies, could oversee all AB 939 related
activities, including composition and membership of Local Task Force.
• Could realize, on behalf of its members, where appropriate, efficiencies
in plan development by letting one overall contract for studies and
programs.
• Could initiate and award grants for development of programs.
Major Considerations
Benefits
• Shared responsibility, leadership with no one entity taking the sole
blame for necessary, but unpopular, decisions.
• Coordinated/cost-effective strategies, lower costs for local government
and ratepayers
• Minimization of conflicts generated by distrust, misunderstandings,
misinformation.
• Better communication/education with the public.
• Opportunity to form other equally beneficial partnerships; i.e. permanent
source of funding which doesn't pit cities against the County.
0 Success at working together.
Contra Costa Solid Waste Management Transition Proposal
Page Eighteen
Trust
Critical to the choice of option in county wide solid waste management and
certainly other areas needing county wide cooperation and coordination is the
building of trust. It is generally conceded among those interviewed that
concomitant with developing a new process or option for cooperative, shared
leadership in solid waste planning is putting all the baggage of past or current
animosities and perceived injustices behind us; finding some process or forum
for success that will allow us all to move forward, together. Central to our being
able to move forward is a willingness by all participants to relinquish some
degree of individual authority and power; including being out voted from time to
time. That willingness must be based on a recognition and agreement that
serving the general public good and environment takes precedence over the
advantages/disadvantages to one or more jurisdiction/individuals. Even now
when everyone tries to do the right thing we still step all over each in our efforts
with duplicative and costly programs.
Divergent Agendas
The County, sanitary districts, cities, sub-regional JPAs and the private sector
each have different agendas, philosophies, land-use policies, regional issues
and styles; often over and above those of the rate payer.
Organizational Barriers
Between the Authority's sponsorship by the Solid Waste Commission in 1988
and its final formation in July 1991, AB 939 was passed. The comprehensive
legislation generated the formation of JPAs, planning of facilities, hiring of new
staff and contractual agreements oriented to meeting AB 939 goals:
• Many jurisdictions hired staff to oversee the development/implementation
of AB 939.
• Regional JPAs were formed to facilitate AB 939 requirements through
Development of transfer stations/ Material Recovery Facilities.
Common AB 939 pians and programs.
• The Local Task Force was formed and staffed per statutory deadlines.
• The County decided to take over the franchising of garbage collection in
the unincorporated part of the county.
Contra Costa Solid Waste Management Transition Proposal
Page Nineteen
Any process for county wide solid waste management which has as its objective
a cooperative, coordinated non-duplicative process must consider how to
overcome those institutional barriers of turf, power, money and jobs.
Private Sector Objectives
The private sector, which in the past has sometimes been influential in local
elections and pivotal in local decision making and policies needs to be brought
more openly into the process in a more positive partnership, which challenges
and excites their ingenuity, entrepreneurship and ability to get the job done
effectively. It should give them recognition for a key role in meeting our solid
waste management goals.
RECOMMENDATION
After weighing the alternatives against the issues and institutions which impact
each particular alternative, it is our recommendation that an incremental
process of cooperative leadership begin as soon as possible. Given the
various degrees of partnership represented by the existing subregions,
Selection of a combination of Options VI and VII provides the best opportunity
for moving ahead with a phased program. Such a program might be as follows:
Short-term - 0 to 3/5 years
This cycle would represent a transition period between the current
administration by Contra Costa County of AB 939 related activities to that of a
more centralized county wide organization, such as the Countywide Solid
Waste Authority/subregional JPAs. It would incorporate the provisions of Option
VI which provides for the creation of an Authority/County AB 939 Steering
Committee which is answerable to the Board of Supervisors, the Sanitation and
Water Agencies and to either the Countywide Solid Waste Authority or the
Mayors' Conference. The Steering Committee should be empowered to have
the authority to assure that all AB 939 requirements are implemented in a cost
effective manner. Care must be taken to assure that its activities do not infringe
on those AB 939 activities which are subregional in nature, but rather to
provide the authority and responsibility currently exercised by Contra Costa
County in preparing the County wide Integrated Waste Management Plan. It
should provide the bridge between the various local/subregional AB 939
activities to assure coordination and non-duplication of efforts. For that reason,
its members should represent the three geographical areas of the county and
should, at the same time, serve as members of the three subregional JPAs. As
long as sanitary districts continue to franchise solid waste in the
unincorporated/incorporated parts of the county, there must be representation
by the sanitary districts on the Steering Committee, as well.
Contra Costa Solid Waste Management Transition Proposal
Page Twenty
Mid-Term - 3/5 to 7/10 Years
All franchising agencies within Contra Costa County would join together in one
common county-wide agency which could, as a beginning, incorporate all or
most of the provisions of the Authority's enabling agreements, goals, objectives
and action plan. (See Appendices A and B). This would presume that every
jurisdiction would be a participant in a subregional JPA, as well, with the same
representatives serving on both subregional and county wide JPAs for
continuity. Every effort would be made to assure that each jurisdiction would be
fairly and equally represented. The county wide JPA would assume the
implementation of the CoIWMP once it is approved by the California Integrated
Waste Management Board at the end of the second planning cycle. The JPA
would then, as soon as a stable funding source was established through the
tipping fee and staff necessary and qualified to manage the new JPA and its AB
939 activities was hired, would assume administration, planning, coordination,
policy development and implementation of all aspect of the AB 939
responsibilities in concert with the subregional JPAs. As an option to hiring new
staff, existing County staff, those of other jurisdictions or the steering committee
discussed under Option VI, could be transferred to the Authority.
The Local Task Force, its members and membership categories approved by
the voting members of the JPA, will be advisory to the JPA on all aspects of AB
939 as allowed by the Statutes. If the JPA wishes to broaden its advisory role, it
should so direct, by resolution, reconstituting the Local Task Force under a
different name. The Local Task Force working through a JPA committee which
is charged to provide particular oversight to the Task Force' activities should
work with the various jurisdictions to make every effort in facilitating the sharing
of staff, expertise, consultants and programs for cost savings. In this regard it
should broker the use of individual jurisdictions' established expertise and
programs to enhance cost savings and coordination. The cities, sanitary districts
and subregional JPAs should continue their AB 939 related activities as
autonomously as now with the added charge to size their programs and
facilities to complement and be part of a county wide coordinated system.
Existing programs and projects would remain under the aegis of current
jurisdictions unless other arrangements were mutually agreeable.
Cooperative programs with frequent team building, workshops, joint meetings,
etc, should be instituted as a way to get past the barriers to better partnership.
Success at small joint planning efforts, such as backyard composting or the
household hazardous waste mobile collection program can begin to build the
attitude of respect and trust necessary to the success of the JPA.
In this cycle, the monitoring of the Source Reduction and Recycling Elements
and the Household Hazardous Waste Elements will continue, with the second
revision of the CoIWMP completed.
Contra Costa Solid Waste Management Transition Proposal
Page Twenty One
As trust and success build, more centralized planning and implementation can
be phased in with awarding grants for waste reduction projects, public
information and education programs or any special facilities.
Expanded involvement moving toward overall centralized policies, goals and
objectives and coordination should be in place in
• Public Education
• School curricula development/refinement and recycling
• Legislation development/support
• Closer interface with the State Integrated Waste Management Board.
• Market Development
Long term - 10-20 Years
With coordination of efforts now matured and in place and with experience
garnered from planning and implementing at least two cycles of AB 939
activities, the JPA is now ready to consider the extent to which it wishes to
facilitate county wide activities. For instance, it could
• Establish and reconfigure the waste shed areas.
• Assume county-wide rate regulation
• Integrate the subregionai JPAs with the county wide Authority sufficient to
create a county wide system The trick will be to avoid creating another
level of indifferent bureaucracy, beset with inertia and indifference to the
needs of the public we serve. Any system should rest lightly on the
shoulders of local and subregional efforts, facilitating their doing a better
job, but not getting in their way.
• Control rates at transfer stations, landfills.
• Permit solid waste facilities in tandem with planning staff of local
jurisdictions.
APPENDIX A
CONTRA COSTA SOLID WASTE AUTHORITY JOINT POWERS
AGREEMENT
JOINT EXERCISE OF POWERS AGREEMENT
CONTRA COSTA SOLID WASTE AUTHORITY
ARTICLE 1 : PURPOSE
A. Puraose of Agreement: It is the purpose of this Agreement to
establish, pursuant to the Joint Exercise of Powers Act, a public
entity separate from each of the agencies. This public entity is to be
known as the Contra Costa Solid Waste Authority, hereinafter
referred to as the "Authority."
B. PPurgose of Authority: The purpose of the Authority shall be to
exercise certain powers set forth below in a manner which will
assure the citizens of the agencies that solid waste activities in
Contra Costa County will be conducted in a manner most consistent
with the general public good and the protection of the environment.
1
ARTICLE 2: DEFINITIONS
1 . Contra Costa Waste Management Authority
The "Contra Costa Waste Manage(aent Authority" shall be the name
of the separate public entity created by this Agreement, which entity
may also be hereinafter referred to in this document as the
"Authority."
2. Franchising Member Agency
A franchising member agency for the purposes of this Agreement
shall mean each city, county, or special district that is a signatory to
this Agreement which franchises the collection of solid waste within
its jurisdictional boundaries. This term does not include those
member agencies, such as certain cities, which do not in fact
franchise solid waste collection within their boundaries.
3. Hazardous Waste
Hazardous waste means a waste or combination of wastes which,
because of its quality, concentration, or physical, chemical, or
infectious characteristics, may do either of the following:
a. Cause, or significantly contribute to, an increase in mortality'
or an increase in serious irreversible, or incapacitating
reversible illness.
b. Pose a substantial present.or potential hazard to human health
or the environment when improperly treated, stored,
transported, or otherwise managed.
Unless expressly provided otherwise, hazardous waste includes
extremely hazardous waste and acutely hazardous waste, and any
waste defined as hazardous by applicable federal or state statutes
and regulations.
4. Hous hold Hazardous Waste
Household Hazardous Waste includes all chemicals and other
products commonly used in daily life, and commonly found in
domestic households which contain hazardous substances when
such chemicals or other products are disposed of as worthless,
whether such substances are disposed of as a part of the normal
2
domestic solid waste or discarded in some other manner. For the
purposes of this definition, "hazardous substance" means a
hazardous substance as defined in Section 25316 of the Health and
Safety Code.
5. Member Agency
A member agency for purposes of this Agreement shall mean each
city, county, or special district that is a signatory to this Agreement.
6. Recyclables
Recyclables include all solid waste, other discarded materials, or
materials that would otherwise become solid waste which may be
recycled. Recyclables, for the purpose of this Joint Power Authority,
include, but are not limited to, aluminum and tin cans, plastics, glass,
green waste, and paper products.
7. Recycle or Recycling
"Recycle" or "recycling" means the process of collecting, sorting,
cleansing, treating, and reconstituting materials that would otherwise
become solid waste, and returning them to the economic mainstream
in the form of raw material for new, reused, or reconstituted
products which meet the quality standards necessary to be used in
the marketplace. "Recycling" does not include transformation, as
defined in Section 40201 of the Public Resources Code.
S. Regional Facility
A regional solid waste facility shall mean a facility that provides solid
waste handling services, including disposal, and/or composting for
the constituents and/or the collector for the constituents of more
than one member of the Authority.
9. Regulation of Rates
The "regulation of rates" as used herein shall be defined to be the
whole of the process of reviewing costs of operation and the fixing
of rates to be levied and collected at facilities or by enterprises which
provide regional solid waste handling services to users within the
jurisdictions of the member agencies. Regulation of rates shall be in
accordance with Attachment "A" which is appended to this
document. The regulation of rates as used herein does not include
the regulation of garbage collection rates under franchises held by
3
member agencies unless such individual member agencies specifically
delegate or assign such responsibility to the Authority.
10. Solid Waste
a. Except as provideo in subdivision "b", "c" and "d" below,
solid waste means all putrescible and non-putrescible solid,
semisolid, and liquid wastes, including garbage, trash, refuse,
paper, rubbish, ashes, industrial wastes, demolishing and
construction wastes, abandoned vehicles and parts thereof,
discarded home and industrial appliances, dewatered,treated
or chemically fixed sewage sludge which is not hazardous
waste, manure, vegetable or animal solid and semisolid
wastes, and other discarded solid and semisolid wastes. Solid
waste includes commonly discarded recyclables such as glass,
aluminum, paper, and plastic products.
b. Solid waste does not include hazardous waste and/or liquid
petroleum waste products, excepting household hazardous
waste as defined elsewhere herein.
C. Solid waste does not include low-level radioactive waste
regulated under Chapter 6.7 (commencing with Section
25800 of Division 20 of the Health & Safety Code).
d. Solid waste does not include medical waste which is regulated
pursuant to the Medical Waste Management Act (Chapter 6.1
(commencing with Section 25015) of Division 20 of the
Health & Safety Code), provided that the medical waste,
whether treated or untreated, is not disposed of at a solid
waste facility which is subject to the powers invested in this
Authority. Medical waste which has been treated and which
is lawfully deposited into the normal solid waste stream shall
be considered solid waste for purpose of this Agreement and
shall be regulated.
4
ARTICLE 3: POWERS OF THE AUTHORITY
A. General Powers: The Authority shall have the powers common to its
member agencies and may:
1. Advise the member agencies on issues related to regional solid
waste facilities and programs.
2. Advocate the interests of the member agencies related to
solid waste facilities and programs with local, state, and
federal agencies.
3. Maintain comprehensive County Integrated Waste
Management Plans by preparing and presenting proposed
revisions and amendments to same.
4. Plan for regional solid waste facilities and programs.
5. Regulate rates of regional solid waste facilities. Member
agencies may, by separate agreement,delegate rate regulation
for the collection of solid waste within their boundaries to the
Authority.
6. Advise member agencies on matters of solid waste rates and
charges.
7. Undertake such planning and related activities as may be
required of member agencies in order to comply with the
directives of the California Solid Waste Management, Source
Reduction, Recycling, Compacting and Market Development
Act of 1989 (AB 939), as amended as the members may
direct.
8. Develop and implement a financial plan to provide for closure
and post-closure of landfills containing wastes generated by
residents and businesses whose solid waste is franchised by
the member agencies as the members may direct.
9. Perform such other solid waste activities as the members may
direct.
10. Develop regional solid waste facilities and programs subject to
separate agreements with participating agencies.
5
11 . Operate and/or contract for the operation of regional solid
waste facilities and programs subject to separate agreements
with participating agencies.
12. Develop a system of standardized fra-ichise agreements and
uniform procedures governing the franchising of solid waste
collection and disposal for consideration by the member
agencies.
13. Develop rate review procedures applicable to the franchising
of solid waste collection and disposal for consideration by
member agencies.
B. Specific Powers: In carrying out its general powers, the Authority is
hereby authorized to perform all acts necessary and proper to the
exercise of said powers, which may include, but are not limited to,
the following:
1 . To make and enter into contracts including contracts of
insurance.
2. To apply for, and accept grants, advances, and contributions.
3. To employ or contract for the services of agents, employees,
consultants, and such other persons or firms as it deems
necessary.
4. To conduct studies.
5. To review the Contra Costa Integrated Solid Waste
Management Plan, and prepare and propose revisions or
amendments thereto, for approval by the appropriate bodies.
6. To acquire, construct, manage, maintain, operate, and control
any disposal sites, solid waste facilities, buildings, works, or
improvements.
7. To acquire, hold, or dispose of property.
8. To incur debts, liabilities, or obligations, subject to limitations
herein set forth.
9. To levy and collect fees and charges.
10. To issue bonds, subject to the provisions and limitations of
the statutes of the State of California.
6
1 1 . To annually adopt, by April 1, a fiscal year budget to
commence July 1 and run through June 30, setting forth all
administrative, operational, and capital expenses for the
Authority, together with the apportionment of such expenses
by levy against each franchising member agency and other
entities, to the extent necessary.
12. To develop, construct, operate, and/or regulate regional
landfill disposal site(s), regional transfer facility(ies), or other
regional solid waste facilities, or to contract with a public
agency(ies) or private person(s) or corporation(s) to perform
such functions.
13. To represent the interests of Contra Costa County and/or the
member agencies in discussions and negotiations with other
entities outside Contra Costa County on matters of solid
waste.
14. To take the necessary actions to sponsor, support, or oppose
legislation affecting the solid waste interests of member
agencies and Contra Costa County.
C. Limitation on Powers: Notwithstanding the general and specific
powers set forth in this Agreement, and subject to specific
assignment or delegation of such responsibilities by member agencies
nothing in this Agreement shall be read to:
1 . Prevent member agencies individually, or by agreement with
other agencies, from owning or operating, and/or regulating,
including rate regulation, solid waste handling facilities, for
their regional area, or from implementing solid waste
management programs within their regional area including, but
not limited to, programs concerning closure and post closure
of regional facilities.
2. Limit a member agency's use of its discretion and authority
regarding land use matters.
3. Preclude any member agency from continuing to franchise for
the collection and disposal of solid waste or from levying a
reasonable franchise fee, or using such other lawful cost
recovery methods, as it may deem appropriate within its
jurisdictional boundaries.
7
ARTICLE 4: ORGANIZATION OF AUTHORITY
A. Membership in the Authority: Membership in the Authority shall be
open to 1all cities within Contra Costa County; and 2) any special
district or sanitary district within Contra Costa County which
franchises collection of solid waste, providing they agree to enter the
Authority under the terms of this Agreement. In addition, the County
of Contra Costa shall be entitled to membership.
B. Policy Board: The Authority shall be governed by the Contra Costa
Solid Waste Authority Policy Board, hereinafter called "Board," which
shall exercise all powers and authority on behalf of the Authority.
1 . Duties of the Board: The Board shall perform all acts which it
determines to be necessary and proper to the carrying out of
the purpose of this Agreement and shall have the authority to
exercise all powers provided for in this Agreement, which may
include, but are not limited to:
a. Preparing and recommending action on the Contra
Costa County Solid Waste Management Plan, and
revisions or amendments thereto, to the County Board
of Supervisors and cities.
b. Preparing and recommending joint or cooperative action
with regard to compliance of member agencies with
the requirements of the California Solid Waste
Management, Source Reduction, Recycling,
Compacting and Market Development Act of 1989 (AB
939), as amended.
C. Considering, modifying, and approving the annual work
program and budget.
d. Levying fees and charges, as may be provided for in
this Agreement.
e. Authorizing, reviewing, and accepting reports and
studies.
f. Regulating rates for regional solid waste facilities and
programs which provide services to the member
agencies.
8
g. Accepting agencies as subsequent parties to this
Agreement, and members of the Authority, and
admitting their representatives to the Board.
2. Board Members:The,Board shall consist of one member of the
governing body of each of the member agencies. Upon
execution of this Agreement, the governing body of each
agency shall, by resolution, appoint one of its members to
serve as a member of the Board and another individual to
serve as an alternate member of the Board, who may be an
elected official of the member agency,to serve in the absence
of the regular member. The governing body of each member
agency shall review its appointee to the Board every two
years. There shall be no limit on the number of terms of a
Board member.
3. Subseauent Board Members: Any agency which franchises
solid waste collection in Contra Costa County, including
agencies formed after the effective date of this Agreement,
may become members of the Authority by presenting an
adopted resolution to the Board requesting membership in the
Authority. Membership in the Authority shall be contingent
upon a majority of affirmative votes cast by members of the
Board accepting the agency, and upon payment of any
charges established by the Board as a prerequisite for
membership.
4. Board Officers: The Board shall elect from its members a
Chairperson and a Vice-Chairperson. The Chairperson shall
preside over all meetings according to the Rules of Procedure
adopted by the Board. The Board Chairperson shall represent
the Authority and execute any contracts and other
documents, as required by the Rules of Procedure. The Board
shall designate a Secretary who shall notice all meetings and
cause minutes to be taken of all meetings, and serve as
custodian of the official records of the Authority.
5. Board Rales: The Board is empowered to establish Rules of
Procedure, and may do any and all things necessary to carry
out the purpose of this Agreement. All actions taken by the
Board in carrying out the powers of the Authority may be
exercised by a majority vote of all members present, except
as to the following, which will require an affirmative vote on
behalf of a majority of member agencies, which agencies total
weighted vote constitutes a majority of all votes available:
9
a. Adopting a Budget Plan and Work Plan.
b. Levying fees against member agencies.
C. Authorizing the acquisition or construction of a solid
waste facility.
d. Recommending amendments to the Contra Costa
County Integrated Waste Management Plan.
6. V in : The Authority shall cause the number of votes
assigned each member agency to be determined each year, so
as to provide for weighted voting based on the current
population of the franchised service area, as more fully set
forth below:
a. Cities where a special district franchises solid waste
collection within said city shall have half the votes
otherwise assigned to the city as determined by the
population set forth below, and the franchising special
district shall have the remaining half of the assigned
vote(s).
b. Large cities or agencies having a minimum of 40,001
population within the franchised area will receive three
votes.
C. Medium cities or agencies having between 20,001 and
40,000 population within the franchised area will
receive two votes.
d. Small cities or agencies having less than a 20,001
population within the franchised area will receive one
vote.
e. The County shall be granted two votes immediately
upon membership. However, if the County at any time
franchises for an area with a combined population
within the franchised area of 40,001 or greater, the
County shall receive three votes.
7. Meetings of the Board:
a. Regular Meetings: The Board shall hold monthly
meetings.
10
b. Special and Emergency Meetings: Special and
emergency meetings of the Board may be called in
accordance with the provisions of Sections 54956 and
54956.5 of the California Government Code.
C. Notice of Meetings: All meetings of the Board shall be
held subject to the provisions of the Ralph M. Brown
Act, Sections 54950 et. seq. of the California
Government Code, and other applicable laws of the
State of California governing the notice requirements
applicable to the meetings of public bodies.
d. Minutes: The Board Chairperson shall cause minutes of
all meetings, excepting closed sessions, to be kept and
shall, as soon as possible after each meeting, cause a
copy of the minutes to be forwarded to each member
of the Board and each member agency.
8. Committees and Staffing
a. Technical Advisory Grout): A Technical Advisory Group
may be created by the Authority. The Technical
Advisory Group may be composed of appointed staff
from member agencies with approval of the member
agencies' board or council and/or consultants, as
determined by the Authority, and shall advise the
Authority as to matters of concern to the Authority.
b. Ad hoc Committees and Task Forces: Ad hoc
Committees and Task Forces may be created by the
Authority. Ad hoc Committees and Task Forces may be
composed of appointed staff from member agencies,
with approval of the member agencies' board, and/or
council members, consultants, or citizen volunteers, as
determined by the Authority, and shall advise the
Authority as to matters of concern to the Authority.
C. Executive Committee: The Authority may appoint an
Executive Committee among its membership to manage
the affairs of the Authority. The composition and
authority of the Executive Committee shall be
determined by the Authority.
d. Regional Subcommittees:Regional Subcommittees may
be created by the Authority. Regional Subcommittees
may be composed of elected officials and appointed
11
staff from member agencies with approval of the
member agencies' board and councils. The Regional
Subcommittees shall advise the Authority as
appropriate.
e. Staffing: During the interim period prior to the
contracting for or hiring of professional staff, the
agencies may provide staff, including County staff, to
the Authority as may be necessary for the Authority to
fulfill its duties. As necessary, the Authority may
contract with, or employ firms and/or individuals, to
perform such tasks or duties as deemed necessary by
the Authority, including a General Manager who shall
have such duties and authority as the Authority may
delegate to such General Manager, subject to the terms
of this Agreement.
12
ARTICLE 5: TERMS OF AGREEMENT
A. Effective Date: This Agreement shall become effective on the date
of its execution by one-half (1/2) of all of the eligible entities
representing a majority of Cont-a Costa County's population.
B. Amendments: This Agreement may be amended by the affirmative
vote of the governing bodies of not less than two-thirds (2/3) of all
member agencies casting votes equaling not less than two-thirds
(2/3) of all votes available, in accordance with Article 4, Section 6.
C. Withdrawal: Any party may withdraw from this Agreement upon one
year's notice given prior to June 1 of any year to the Chairperson of
the Policy Board. The withdrawing agency shall be liable for its share
of any operating expenses incurred up to the effective date of its
withdrawal, which shall be July 1 of the year following the giving of
notice. The Notice of Withdrawal shall be in resolution form and
approved by a majority vote of the governing board of the
withdrawing party. The withdrawal of a party from the Authority
shall not relieve that party from paying its share of any debt incurred
while said party was a member; nor will such withdrawal affect
separate agreements between member agencies pursuant to Section
B, Article 6 herein. The withdrawal of such member agency shall
not terminate such member agency's responsibility for any liability of
such member agency incurred while a member under Title I Division
3.6 of the Government Code, and further provided that the
withdrawing agency must pay to the Authority on the effective date
of withdrawal, all money which may be owing to the Authority for
the withdrawing agency's proportionate share of liability under this
Agreement, as set forth in Section B, Article 8 herein. If the amount
of the liability is not yet reasonably fixed on the date of withdrawal,
the withdrawing agency shall pay its proportionate share of said
liability promptly thereafter when such sum can be reasonably fixed.
13
ARTICLE 6: AUTHORITY FINANCING
A. Financial Accountability: Books of accounts will be maintained by the
Auihority to enable issuance of financial statements which present
its financial condition and results of operations. The financial
statements will be issued to all member agencies quarterly and will
be prepared in accordance with generally accepted accounting
principles. An annual audit of the Authority's financial statements
will be performed by an independent Certified Public Accountant.
B. Separate Agreements: Financing and commitment of waste stream
for solid waste facilities and programs related to the transfer,
disposal, or recovery of resources from solid waste shall be subject
to separate agreements between the Authority and agencies.
Financing of specific capital projects, such as the acquisition,
construction, or operation of solid waste facilities by the Authority
shall be subject to separate contracts between the Authority and
member agencies which intend to participate in the specific facility.
The contracts shall set forth each agency's responsibility for capital
expenditures and operating expenses, as well as such other terms as
may be appropriate.
C. Debt: The Authority may issue or cause to be issued bond and other
indebtedness, and pledge any property or revenues as security to the
extent permitted by law.
D. Operating Income: The Authority shall adopt a budget annually and
fix the allocation of operating costs to be borne by each franchising
member agency. The franchising member agency's allocated share
of said costs shall be paid by the franchising member agency. The
Authority shall have the right to fix and impose such allocated shares
of operating costs as a fee or charge against the franchising member
agency to the extent permitted by law. The franchising member
agency may derive such cost, fee, or charge from any source
acceptable to the franchising member agency, including the franchise
fees associated with the collection operations. It is the intent of the
parties to derive operating revenue for the Authority from fees and
charges at facilities; however, any short fall in Authority operating
revenues will be imposed on franchising member agencies as set
forth herein.
1 . Programs of General Interest: In general, the programs of the
Authority shall be for the general benefit of all member
14
agencies. To the extent possible, the cost of such programs
shall be prorated among all franchising member agencies in
proportion to that franchising member agency's relative
contribution to the total tonnage of all solid waste within the
total waste stream of all franchising member agencies.
2. Programs of Special Interest: From time to time the Authority
may conduct programs, the benefits of which fall dispropor-
tionately among the members. If this is the case, such
programs of special interest, and a decision to undertake or
continue such programs, must be made by a two-thirds (2/3)
majority vote of all member agencies casting total votes
equaling not less than two-thirds (2/3) of all votes available.
The proration of the cost of such programs must be decided
upon prior to making the decision to conduct the program.
15
ARTICLE 7: EXERCISE OF AUTHORITY'S POWERS
This Agreement is entered into under the provisions of Article 1 of Chapter
5, Division 7, Title One of the California Government Code concerning Joint
Powers Agreements. As to those powers vested in the Authority pursuant
to Section 6508 of the Government Code, they shall be exercised in the
same manner and subject to the same restrictions as those applicable to a
sanitary district pursuant to the statutes and laws of the State of California.
16
ARTICLE 8: OBLIGATIONS OF AUTHORITY
A. Other than as set forth below, any and all debts, liabilities,. and
obligations incurred by or imposed upon the Authority shall be the
debts, liabilities, and obligations solely of the Authority and no capital
or administration debt, liability, or obligation shall thereby be imposed
upon any party to this Agreement or the collective parties hereto.
B. The tort liability of the Authority, all members of the Board, and all
officers employed and employees of said Authority shall be controlled
by the provisions of Division 3.6 of Title I of the GQvernment Code
of the State of California. Any tort and contractual liability incurred
by or imposed upon the Authority shall remain the sole liability of the
Authority, rather than the liability of member agencies, to the full
extent such allocation of liability is permitted by law. In the event
tort liability is required by law to be imposed on the member
agencies, the allocation of liability among the member agencies shall
be in proportion to each member agency's relative contribution to the
waste stream. Under circumstances where a sanitary district
franchises within a city member agency's boundaries, the
proportionate share of the liability based on that waste stream shall
be shared equally between the so affected city and district.
The provisions of said division relating to the indemnification of
public employees, and the defense of actions against them arising
out of any act or omission occurring within the scope of their
employment, shall apply to all Authority directors, officers, and
employees.
Notwithstanding the specific terms of this section, the Authority and
the member agencies shall retain the power to allocate liability
between the Authority and the member agencies, or among the
member agencies, in a manner other than as set forth above,
pursuant to written agreement to do same for specific projects or
undertakings of the Authority.
C. Nothing in this Agreement is intended to provide or allow for liability
to be imposed on any member agencies by virtue of federal or state
statutes or regulations dealing with liability for handling and/or
disposal of hazardous waste.
Membership in this agency, by itself, does not provide for the
generation, transportation, or control of the solid waste stream of
any member agency, including any household hazardous wastes. To
17
the extent the Authority undertakes any action which is understood
to potentially give rise to liability of the Authority, or any of its
member agencies, as a result of state or federal statutes or
regulations concerning hazardous waste handling or disposal, the
Authority shall, by order, resolution, or contract specifically address
the issue of al;-)cation of potential liability among member agencies
and may provide for indemnification of member agencies which do
not participate in or benefit from the actions set forth in the subject
order, resolution, or contract.
18
ARTICLE 9: TERMINATION OF AUTHORITY
A. Termination or Dissolution of the Authority: This Agreement shall
continue in force until rescinded )r terminated, as specified by this
section. This Agreement may be terminated at the end of any
Authority fiscal year by a two-thirds (2/3) majority vote of all then-
existing members of the Authority.
B. Division of Property on Dissolution or Termination: Upon termination
or dissolution of the Authority as a legal entity, all debts of, and
advances to, the Authority shall be paid. Upon payment of all debts
and liabilities of the Authority, every then-member of the Authority
at the time of said termination shall be entitled to receive such
property and surplus money of the Authority as may lawfully be
distributed in proportion to the most recent apportionment of
expenses as described herein among all of the agencies who are
parties to this Agreement at the time of its dissolution. In the event
that liabilities under Division 3.6 of Title I of the Government Code
of the State of California exceed or have the potential to exceed the
assets of the Authority, the member agencies shall assume those
obligations remaining upon termination, as general obligations of the
member agencies; provided, however, as between member agencies,
said liabilities shall be allocated between said member agencies as
defined in Section B of Article 8.
C. Sale of Assets: At such time that a termination decision is adopted
by the Authority, the Board shall expeditiously sell, or otherwise
dispose of, according to applicable law, all of the lands, rights-of-
way, easements, equipment, public improvements, works, and
facilities of the Authority.
The monies received by the Board from such sale or disposition, to
the extent they would otherwise be credited to the Capital Reserve
Account, together with the monies in the Capital Reserve Account,
shall be distributed among the then-members of the Authority in
proportion to the most recent apportionment of expenses among the
then-member agencies, to the extent that such reimbursement has
not previously been made.
D. Successor/No Successor Agency
1 . Successor Agency: In the event of termination of the
Authority where there is a successor public entity which will
carry on the activities of the Authority and assume its
19
obligations, Authority funds, including any interest earned on
deposits, remaining upon termination of the Authority and
after payment of all obligations, and its real and personal
property shall be transferred to the successor public entity.
2. No Successor Aaencv: If there is no successor public entity
which would carry on any of the activities of the Authority or
assume any of its obligations, Authority funds, including any
interest earned on deposits, remaining upon termination of the
Authority and after payment of all obligations, and its real and
personal property, shall be returned to the member agencies
as determined by the Board.
3. Partial Successor Aaencv: If there is a successor public entity
which would undertake some of the functions of the Authority
and assume some of its obligations, Authority funds, including
any interest earned on deposits, remaining upon termination
of the Authority and after payment of all obligations and its
real and personal property, shall be allocated by the Board
between the successor public entity and member agencies.
F, Board Allocation Final: In the event the Authority is terminated, all
decisions of the Board with regard to determinations of property and
funds to be transferred to member agencies or any successor made
pursuant to the terms of this Agreement shall be final.
AOS/JPA/0003344.11
20
Attachment A
RATE REGULATION OF SOLID WASTE FACILITY
The' features of rate regulation described below shall be a guide for the
Authority to follow in regulating rates at solid waste facilities.
o The initially established landfill disposal or transfer station fee should
be changed no more frequently than annually on the basis of the
submission of an application for fee increase.
o Application for fee increase should be submitted to the regulatory
agency three months prior to the effective date of the change.
o Application for fee increase should be submitted on a pre-printed, pro
forma rate application designed to elicit the financial, operating, and
other related information to permit analysis of the bases for the
requested fee increase.
o The fee increase requested should be supported by actual and
forecasted operating statements, balance sheets, and statements of
retained earnings.
o Audited financial statements for the landfill or transfer station
operations, on a separate entity basis, for the immediate preceding
reporting year should be submitted as a required component of the
rate application.
o Applications for fee increases should be analyzed by the regulatory
agency and the fee adjustment determined on the basis of the
established rate-setting methodology, e.g. Operating Ratio, Return on
Equity, Return on Fixed Assets.
o Controls on funds collected for landfill closure and post-closure costs
should be established. Such funds should be deposited in a separate
bank account and made subject to the shared control of the
regulatory agency. An annual summary of receipts and
disbursements should be audited by the external auditors and
submitted to the regulatory agency with the audited financial
statements.
ADS/JPA/0003344-11
21
APPENDIX B
CONTRA COSTA SOLID WASTE AUTHORITY
MISSION STATEMENT,
GOALS, OBJECTIVES AND ACTION PLAN
CONTRA COSTA SOLID WASTE AUTHORITY
GOALS, OBJECTIVES AND ACTION PLAN
MISSION STATEMENT
The mission of the Contra Costa Solid Waste Authority is to coordinate solid
waste activities, to undertake comprehensive long and short term solid waste
planning, to be a resource in the area of solid waste, and to represent the solid
waste interests of member agencies. The Authority shall, on behalf of its
member agencies, advocate, advise, develop, oversee, study and analyze solid
waste issues, in order that the member agencies interests are best represented.
GOALS, OBJECTIVES AND ACTION PLAN
I. Goal - Through a joint exercise of power agreement to unify the County and
all franchising cities and sanitary districts into one overall county wide
solid and household hazardous waste agency for Contra Costa County;
the purpose of which is to assure responsible, coordinated and cost
effective planning and implementation.
A. Objective. To recruit the remaining city, sanitary districts and the
County of Contra Costa to become members.
1 . Action - Negotiate membership with the County of Contra
Costa.
2. Action - With promising milestones in negotiations with County
representatives, begin negotiations with City of Concord.
3. Action - Following resolution of the sanitary districts' role in
franchising solid waste in the unincorporated area of the
County, negotiate membership of remaining sanitary
districts.
B. Objective - Finalize an equitable and agreed upon method of member
assessment.
1. Action - (Short term) Develop some formula - possibly keyed to
population or number of votes assigned to each entity as
basis for assessment.
2. Action - (long term) With County's membership, provide for
permanent funding through tipping fees.
3. Action - Revise Fiscal Year Budget for 1992-1993 in accordance
with revised assessment process.
Goals, Objectives and Action Plan
Page Two
C. Objective - Act as ombudsman (sentinel), coordinator and resource
on county wide issues for cities, sanitary districts, County,
business community and citizens.
1. Action - Coordinate and implement activities to enhance the
Source Reduction and Recycling Elements (SRREs),
Household Hazardous Waste Elements (HHWEs), Siting
Element and overall Integrated Waste Management Plan
(IWMP) - assuming County membership - goals county
wide.
a. Resource Speakers
b. Workshops
1) Composting
2) Household Hazardous Waste/Small Quantity
Generators/NPDES
3) Procurement processes
4) Market Development *
5) Rate Regulation Issues
c. Support for federal or state solid waste legislation which
enhances source reduction and recycling efforts.
Some examples might include:
1) Product bans
2) Product disposal fees
3) Post consumer waste content
d. Innovative locally based programs which can be used as
a resource or model for similar local, regional or
county-wide programs
2. Action - Coordinate and disseminate information for purpose of
keeping membership informed.
Goals, Objectives, Action Program
Page Three
a. Action Alert notices
b. Newsletter
c. Structure for keeping links of information continuous
1) Orientation
2) Status Reports
3) Public Information program
3. Action - Through Authority appointed representatives, on an as
needed basis, serve as the sanitary districts' and cities'
representatives on the county-side MOU export negotiating
committee.
4. Action - Serve as the ongoing clearinghouse/forum for
communicating/sharing information between franchisors
and solid waste industry representatives to enhance quality,
cost-effectiveness and coordinating of programs.`
II. Goal - Using a local community oriented approach to solid waste planning
and implementation, develop local, sub-regional and county wide
structure and coordination of overall solid and household hazardous
waste activities.
A. Objective - With local community-based solid waste activities as its
broad foundation, an organizational structure should be
developed which encompasses local cities/County/ sanitary
districts sub-regional and county wide activities. *
1. Action - Where none exists, encourage formation of city
advisory committees to enhance local planning and
implementation.
2. Action - Encourage all cities and sanitary districts not currently
part of a sub-regional Joint Powers Authority (JPA) to join;
broadening and enhancing coordination of programs and
facilities.
3. Action - Consider broadening membership on the Local Task
Force to include more business and community
participation; possibly replacing elected officials.
Goals, Objectives, Action Plan
Page Four
4. Action - Form a technical advisory committee to the Task Force
and the Authority comprised of t.B 939 project managers
and other agency staff; other interested or corollary public
agencies and businessfindustry solid waste resources. *
5. Action - County wide JPA - Retain membership of elected
officials representing each franchising agency. Utilize
representatives and alternates as members of standing
committees responsible for policy development and/or
coordination, etc., in the areas of:
a. Administration/legislation
b. Budget/Finance
c. Personnel
d. Planning
e. Programs
f. Misc.
B. Objective - Develop programs for combining and coordinating
facilities and programs.`
1. Action - Consider development of sub-regional household
hazardous waste, yard waste, etc., facilities which promote
efficiencies; utilizing the most appropriate and qualified
agency.`
2. Action - In conjunction with local agencies, develop overall
coordinating programs for schools, general public and
business community; eliminating waste and duplication.'
Denotes those items which are long-term objectives or based on Contra
Costa County participation.