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Home My WebLink AboutMINUTES - 11081994 - 2.9 r Y , 2.9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 8, 1994 , by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ SUBJECT: First Amended Keller Canyon Landfill Franchise Amendment Victor J. Westman, County Counsel, reviewed the attached memorandum and Amendment No. 1 to First Amended Franchise Agreement for the Keller Canyon Landfill. Mr. Westman advised that a draft of the amendment to the agreement was made available for the Board's review, that Mr. Bruen has indicated on behalf of his clients, Keller Canyon Landfill Company, that they will accept the amendments, and that he believes the amendments reflect :the Board's action of November 1, 1994, and that if there are no questions, his recommendation is that the Board finally approve the attached Amendment No.l for the Keller Canyon Landfill Franchise and direct the Chairman's execution of it for the County. IT IS BY THE BOARD ORDERED that the recommendation of County Counsel is APPROVED. i hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Superjdprs on the to shown. ATTESTED: 8� !9 9 PHIL BATCHELOR,Cierk of the Board of Supervisors and County Administrator By ci .Deputy cc: County Counsel Community Development County Administrator 01 0 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINE7, CALIFORNIA Date: November 8, 1994 To: Board of Supervisors VZh/. From: Victor J. Westman, County Counsel Re: First Amended Keller Canyon Landfill Franchise Amendments The Board of Supervisors on November 1, 1994 considered and approved amendment proposals (Amendment No. 1) for the "First Amended Franchise Agreement for the Keller Canyon Landfill. " Based upon the Board's November 1 action, the approved amendment proposals have been formalized in the attached contract (Amendment No. 1) . As with past landfill franchise documents presented to you, the deletions and revisions made based upon your November 1 directions are shown by strike out or overlay on the attached document. Assuming the attached document reflects the Board's intent, you should finally approve the attached Amendment No. 1 for the Keller Canyon Landfill franchise and direct the Chairman's execution of it for the County. VJW:df vjw-mem-1: keller.m COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA AMENDMENT NO. 1 TO FIRST AMENDED FRANCHISE AGREEMENT FOR THE KELLER CANYON LANDFILL THIS AMENDMENT NO. 1 to the FIRST AMENDED FRANCHISE AGREEMENT FOR THE KELLER CANYON LANDFILL is made and entered into this November 1, 1994, by and between the COUNTY OF CONTRA COSTA (hereinafter "County") and KELLER CANYON LANDFILL COMPANY, a California Corporation, (hereinafter referred to as "Operator"). RECITALS WHEREAS, on September 13, 1994, the Board of Supervisors of County took action concerning a first amended franchise agreement with Operator, and WHEREAS, the parties have reached agreement on substantive issues concerning the September 13, 1994 action and are prepared to compromise their differences by agreeing that, without either parties waiving any rights as to said September 13, 1994 first amended franchise agreement, that said First Amended Franchise Agreement may be amended as set forth herein, NOW THEREFORE, the County and Operator, for and in consideration of the covenants and agreements as hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do mutually agree as follows: Amend. No. 1 to First Amended Landfill Franchise, Nov. 1, 1994 1 SECTION I. AMENDMENTS. The following sections of the First Amended Franchise Agreement are hereby amended as shown in this section (by adding language and deleting the rWiskea language): Amendment to section 6.2, Surcharge: "Section 6.2 SURCHARGE. The County may determine and establish at least once every two years, effective on the date determined by the Board of Supervisors (but initially no sooner than two yeaf'e €:: from the effective date of this Agreement except for the purpose of decreasing the Surcharge in accordance with Section 6:4:4 ), the Surcharge, which shall be added to the then applicable Base Rate, and collected as part of the Gate Rate. Operator will be provided at least ninety (90) days' written notice of any newly established Surcharge. In the absence of the County establishing a particular Surcharge amount, the Surcharge to be collected by the Operator for the County shall be thirty percent (30%) of the then applicable Base Rate." Amendment to section 6.4, Initial Surcharge: "Section 6.4 INITIAL SURCHARGE. Effective on the effective date of this Agreement, the Surcharge shall be as set forth in this section. Amend.No. 1 to First Amended Landfill Franchise, Nov. 1, 1994 2 a. :'}}}}}}Y'.}}}}}}:4}i:�....}ii}}}}::' :.}:{.}:y:i:v:::'-v::::m•::n•.v:-}}};n;{•;a-:{}}:ta:}iw:}}::•}}}}}X'i}}:}}}};{{{:'�:}}}}}}}::'.i:.i:.i:.i:.i:":'�':'i�.}}}}}}}}ii}}}?y:Y.:?;i}}:;:} they Surcharge on Solid Waste received at the Landfill Station," shall be as set forth in of the Franchise Agreement between the County and the operators of the (. , as follows: Amount. Twenty-five percent of the Rate and t y. ,v G �' {:f,.•,•.} -far;:::::• {F F� Landfill Base Rate �`�€ j=1 # �.vJ.�•v'v`�•••''••-`•'' 4S a.{.:•:.f':i1:•.y.y. � -" ....{}�.:.:v... Ymti fi{y tivv:}.v....:Wn iv'i..';:$x::�wniiva:is4i:ii}i'i'-.::Lii}is:x:y::•:.:{�}:a:L•....:::•:vv:a::::•y:''vxy.•}.fa •yn .:#iS.:4:�v{t;lc'{„.' •w\yw:v:x�:':ti.:�.•::C•::.:;:c:,,a:;. .{:. ... .'iCy\X.'•;';a:xa..yio- •aaa. al:;c`.-,`.{•xa::�<: '�:::}T.:2;:;;:.::i{a':..:?aa;cy::;`.'.' }.;v.R..'..:�.'.0}.0`.;kkG:;: Funding of Programs from Surcharge. During the period covered by the above initial Surcharge, costs of hi County programs e (required or authorized by the Use Permit or this Agreement) shall be funded from said eembaned 25% Transfer Station and Landfill Surcharge. In addition, any household hazardous waste fee imposed by the Board pursuant to Public Resources Code section 43213 shall be collected (deducted) from said �25% Surcharge amoun . '07 `} sembi fist IMMM f .f..x.... .aw{aw+al.r.{{ .• x,{{. i ncara}}y^r.• � c rc{ x. 'yw rt�x..�r �'{:• y.�,.,.,.,.,.,.•,.`,.::\.��vy«' .�'y<F�:I� v'i-y�..... ..y• {vyv•: � ..' }\\\#3v\Li: } --� -�i•.'• r.vuw..,ww.�.: y'':.:-•'y'a,'•�4..':'..y':'m'c::k:y{t\nvv}?.:+r:T::i:" yvSSS.«...Y..4n.aa33c2a:t2..,.ca,...:.•i::�c..{a+'`,�,w.S}::uEay...tiava.:a}:•rn::h.""v.'y .3':.s:•:.:i:.:aYa}::a:i<vt,:ia;:.:'uv.'•.'•:;;,:::tr•;:<.:yv;n:<:Jiy.:i.wv: Amend. No. 1 to First Amended Landfill Franchise, Nov. 1, 1994 3 ;yo-:•>-+x•:::i«:•ii•::::::. . ;:. : .;:. ,. ::<: ..,,.,.•: ::•:•.,•::::..::::...,.. .. ............... ...,............ ::j..yi:.:x<.:�rivi:::.<:.-,::.:.::::.>:... :,,.::::�:<....iii•::..<.::.f.:;;.:r.::.::.:::.::.i:.i l�:��n �d�or�»t `>�.:::.<rii «�: i= ar• . .a# . ..: ::•.�••'.•L.`.U..'::::::.;is ti....v :: .:::•: ••4�>•i.4vh;,.`; }}v:{. . Closure. Litigation. Operator agrees and acknowledges that an appropriate amount (five percent) of the Surcharge as determined by the County's Board of Supervisors may land shall be utilized pursuant to Board Order(s) and a trust account arrangement for any landfill closure or post-closure or related litigation expenses. Any amount not so expended may be otherwise utilized for other Surcharge purposes. 7 Reconsideration. Within or approximately six months from the date of this Agreement, the County's Board of Supervisors intends to reconsider and re-evaluate the household hazardous waste programs, their levels off fundings, whether one or more programs should be modified, reduced, or eliminated, and a Surcharge adjustment. Collection. For Solid Waste received at the Landfill via the Transfer Station, thenombon Surcharged and any other Keller Mandated Fees may be collected at the Transfer Station. b. 9the ftgpl_] _�� Wastes. The Surcharge on .:.4:.�iv:')StnQv h'Qiitivkihh�..•?•.�'•.• a waste received at the Landfill other than via the H transfer Amend.No. 1 to First Amended Landfill Franchise, Nov. 1, 1994 4 hall be se Rate ".`I€ station s ten percent of the Ba Amendment to Section 6.5, Contracts: "Section 6.5 CONTRACTS. For all contracts entered for the disposal of Solid Waste at the Transfer Station, the Surcharge applicable at the time of the disposal contract shall apply for the term of said contract. The parties agree that any later established surcharge amounts shall not apply to waste received pursuant to such Solid Waste contract for the term of said contract. Operator shall advise County of any disposal contract subject to the privileges of this section immediately upon execution. Operator shall provide County with any and all information requested by County concerning any such Contract, including providing County with copies of such contracts upon request." SECTION II. EFFECT. Neither party, by its agreement and execution of this Amendment No. 1 to the First Amended Franchise Agreement, waives any of its rights existing prior to the execution hereof, and nothing herein shall be construed as a waiver by either party of its rights or assertions, including, but not limited to, those set forth in the above recitals. Should any subsequent dispute arise between the County and the Operator concerning the action of September 13, 1994 on the Amend. No. 1 to First Amended Landfill Franchise, Nov. 1, 1994 5 franchise agreement, both parties agree that this Amendment, any action taken by the Board of Supervisors on November 1 MM, 1994, and any related action by Operator shall not be admissible in any administrative, equitable or legal proceeding to determine intent or effect of the action of September 13, 1994. IN WITNESS WHEREOF, this Agreement is effective on the date first provided on page one hereof. OPERATOR KELLER CANYON LANDFILL COMPANY, a California corporation By: President By: Vice-President COUNTY OF CONTRA COSTA By: Chair, Board of Supervisors ATTEST: By: Clerk of the Board APPROVED AS TO FORM: By: County Counsel vjw-mem-1: kelcan.aml Amend. No. 1 to First Amended Landfill Franchise, Nov. 1, 1994 6