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Home My WebLink AboutMINUTES - 02041992 - 2.1 Y o7- 1 TO: BOARD OF SUPERVISORS FROM: Sara Hoffman Solid Waste Manager Contra DATE: February 4, 1992 :4M .��I,JJ�JII SUBJECT: Memorandum of Understanding for Delta Diablo Transfer County Station/Resource Recovery Facility x SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Chair to execute the "Memorandum of Understanding between Delta Diablo Sanitation District , the City of Antioch, the City of Pittsburg and Contra Costa County for Operation of a Solid Waste Transfer Station and Resource Recovery Facility." BACKGROUND/REASONS FOR RECOMMENDATIONS On June 11, 1991, the Board of Supervisors authorized the execution of an agreement between Delta Diablo Sanitation District, the City of Antioch, the City of Pittsburg and the County that generally set forth the intent of the parties to join together under the auspices of the Delta Diablo Sanitation District to construct, own and operate a transfer station to serve East County. In doing so, the Board directed staff to work with the parties to develop a second tier operating agreement that addressed regulation of rates, criteria for direction of wastestream and other issues. The attached Memorandum of Understanding (MOU) provides agreement on the issues of: 1. Wastestream Control - Each jurisdiction has the right to direct its wastestream to the landfill of its choice within Contra Costa County. 2. Fees and Charges - Overall rates will be established by the District with the County establishing those fees and charges for landfill and transformation facility tipping fees; applicable land use permit compliance costs; landfill closure surcharges; AB 939 and local enforcement fees; and other fees authorized by State law. 3. Special Status for Antioch - In recognition of the proposed location of the facility (within the sphere of influence of the City of Antioch), Antioch will be given special consideration by the County during the EIR process, in the selection of consultants and sub-consultants and the formulation of mitigation measures. CONTINUED ON ATTACHMENT: YES SIGNATUR _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B RD COMMITTEE APPROVE OTHER i SIGNATURE(S): ACTION OF BOARD ON a APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: Community Development County Counsel City of Antioch (via CAO) City of Pittsburg (via CAO) BY Lam' ��/,� , DEPUTY Delta Diablo (via CAO) h25:ddmou.bos The MOU is a prerequisite to Delta Diablo proceeding to acquire property for construction of the facility. As such it is a very necessary step in the effort to provide a transfer station and resource recovery facility for the residents of East County. This draft MOU was developed in cooperation with representatives of the Delta Diablo Sanitary District, City of Antioch and City of Pittsburg. MEMORANDUM OF UNDERSTANDING BETWEEN DELTA DIABLO SANITATION DISTRICT AND THE CITIES OF ANTIOCH, PITTSBURG AND CONTRA COSTA COUNTY FOR OPERATION OF A SOLID WASTE TRANSFER STATION AND RESOURCE RECOVERY FACILITY 1/22/92 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is agreed to this 1991 by the City of Antioch (Antioch) , the City of Pittsburg (Pittsburg) , Contra Costa County (County) and Delta Diablo Sanitation District (District) to serve as the operating agreement as referenced in Article 605 of "Agreement Between Delta Diablo Sanitation District and the City of Antioch, the City of Pittsburg and the County of Contra Costa", entered into on June 26, 1991. RECITALS This Memorandum of Understanding is predicated upon the following facts: 1. Antioch, Pittsburg, and the County have entered into an agreement with the District dated June 26, 1991, under the authority of . Government Code sections 6500 et seq. by which Antioch, Pittsburg and the County delegated to the. District the authority to perform the functions of acquiring, financing, constructing, maintaining and operating a solid waste transfer station and resource recovery facility (the "Solid Waste Transfer Station") ; 2. This agreement (the "enabling agreement") sets forth the general authority and obligations of the District and specifies certain duties and responsibilities of the parties. It provides the institutional framework for the public ownership and management of facilities for the conduct of a solid waste transfer station. However, the parties intentionally did not attempt to include 1 1/22/92 time be anticipated: Transfer Station Materials Recovery Facility (MRF) Yard waste composting facility Recycling center Household hazardous waste receiving facility Administration building Ancillary buildings and facilities 103. Definitions A. The District refers to and adopts the definitions set forth in the enabling agreement. However, if a definition in the enabling agreement conflicts or is inconsistent with a definition in this MOU, the definition in this MOU controls the interpretation of this MOU. B. In addition to the definitions referred to in subsection A. , the following definitions control unless the context otherwise requires: 1) "MOU" is this agreement; 2) "Enabling Agreement" is the agreement between the parties dated June 26, 1991; 3) "Solid Waste Transfer Station or transfer station" includes all of the. facilities described in section 102 . (insert additional definitions as necessary) 104. Interpretation with Enabling Agreement This MOU and the enabling agreement shall be interpreted in a manner which accomplishes the purpose common to each: to 3 1/22/92 CEQA and the CEQA guidelines. 203. Special Status of Antioch The parties recognize that because of the location of the proposed site, Antioch will be particularly impacted by the solid waste transfer station facilities in a manner which will not impact the other parties. In recognition of this fact, the County will, in the EIR process, give special consideration to the role of Antioch in the selection of the EIR consultant and sub-consultants, its concerns with the environmental impacts, the formulation of mitigation measures and the processing of the EIR to final completion and certification. Because the proposed site of the transfer station is .within the sphere of influence of the City of Antioch, and consistent with the practice of having Delta Diablo facilities within the incorporated areas, the parties recognize that the City of Antioch will begin the annexation process upon acquisition of the site by Delta Diablo. ARTICLE 3. WASTE STREAM CONTROL 301. Waste Stream Commitment to County Landfill A. If there exist two or more landfills located in and regulated by the County, Antioch and Pittsburg and the County each respectively may direct the waste stream from its respective jurisdiction to the County landfill of its choice. B. If there exists only one such County landfill, Antioch, Pittsburg and the County each agrees to direct the waste stream from its respective jurisdiction to that County landfill. 5 1/22/92 charges for services performed in connection with the solid waste transfer station. 403. Rates by Component The District shall establish rates for services provided at the components of the transfer station (see section 102) including but not limited to the following: 1) the transfer station and materials recovery facility 2) yard waste composting facility 3) household hazardous waste repository 4) recycling center It is the District's objective to develop a rate structure that will serve the best interest of the ratepayers and encourage public use of the household hazardous waste repository. 404. Costs Included in Rate Structure The District may charge rates sufficient to recover direct and indirect costs in connection with the transfer station including but not limited to the following costs: 1) operation and maintenance costs of the transfer station; 2) cost to transport waste from the transfer station to the disposal site; 3) tipping fees at the disposal site; 4) all costs associated with the planning, design and construction of the transfer station; . 5) regulatory fees and rate components required by law; 6) mitigation costs as mandated by CEQA and the environmental documents certified for the transfer station; (7) principal and interest on outstanding bonded indebtedness; and (8) pass through fees levied by the County under section 401. 405. Uniformity of Rates Except as described in Sections 401 and 406, it is the intent 7 1/22/92 rights under outstanding obligations (including certificates of participation) sold to finance the Project. An amendment to this agreement becomes effective upon the date of final execution by all of the parties to the amendment. 602. Successors and Assigns. This agreement binds and inures to the benefit of the successors and assigns of the parties to it. No party to this agreement may assign a right or obligation under this agreement without the unanimous consent of the Board. 603. Severability. If a portion, term or condition of this agreement is held illegal or unenforceable, the validity of the remaining portions, terms and conditions are not affected. 604. Notices. Notices given by each party to this Agreement shall be given to the other parties at the address as shown below: Notices to Antioch shall be addressed to: Notices to the County shall be addressed to: 9 1/22/92 COUNTY OF CONTRA COSTA CITY OF PITTSBURG By u� By _ Chairman of the Board Mayor Phil Batchelor, Clerk of the Board of ATTEST• Supervisors and County Administrator ATTEST City Clerk zy' �� Cc cases\ddsandis.mou 1 1 1/22/92