HomeMy WebLinkAboutMINUTES - 11071995 - C83 TO: BOARD OF SUPERVISORS
FROM: VAL ALEXEEFF, DIRECTOR
GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY
DATE: NOVEMBER 7, 1995
SUBJECT: WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT
AUTHORITY (WCCIWMA) SOLID WASTE DISPOSAL ACTIONS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
AUTHORIZE proposed Amendment No. 1 to the Contract between WCCIWMA and Contra Costa
County (Attachment A) to extend the contract renewal from two years to five years; and
DIRECT staff to take the necessary steps within the Contract and the use permit for the IRRF in
order to accomplish the following: Section 9 of the Contract (Attachment B) represents agreement
between the County and the Authority for solid waste disposal. That section states that if an out-of-
County landfill charge is within five percent of the in-County landfill, the in-County landfill will be
allowed to make up the difference. Part of the way in which this difference can be made up is by the
County offering$2.00 of its franchise fee, within the overall mitigation cap, in order to reduce price
for the consumer and make the in-County landfill more competitive.
FISCAL IMPACT:
f
Deposit within County landfill will produce revenue to the County through franchise fees.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
On October 17, 1995, the Authority sent Request for Proposals for landfill disposal. This action
represents an effort to keep solid waste disposal within the County.
CONTINUED ON ATTACHMENT: —YES SIGNATURE: U
RECOMMENDA'T'ION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON)6 AM ,k �5 APPROVED AS RECOMMENDED OTHER_
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE,AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON THE
_UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
DATE SHOWN.
AYES: NOES-
ABSENT: ) 1
`l
ABSENT: ABSTAIN: ATTESTED
PAIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
VA:dg BY JtM n. v"&Qo DEPUTY
wcciwma bo
Contact: Val Alexeeff(646-1620)
CC: County Administrator
County Counsel
GMEDA Departments
WCCIWMA(via GMEDA)
DUPLICATE ORIGINAL
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1 AMENDMENT NO. 1
2 TO THE
3 CONTRACT BETWEEN
4 WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY
5 AND
6 CONTRA COSTA COUNTY
7 This Amendment No . 1 is entered into as of 0566170a
8 1995 , by and between the WEST CONTRA COSTA INTEGRATED WASTE
9 MANAGEMENT AUTHORITY (hereinafter "Authority" ) , a public entity
10 Joint Powers Authority, and the COUNTY OF CONTRA COSTA
11 (hereinafter "County" ) , a political subdivision of the State of
12 California.
13 BACKGROUND
14 A. WHEREAS, the Authority and County have executed that
15 certain contract dated May 25, 1993 , (hereinafter the "Underlying
16 Contract" ) ;
17 B. WHEREAS, at the time of execution of the Underlying
18 Contract, it was contemplated by the parties that closure of the
19 West Contra Costa Sanitary Landfill would occur reasonably
20 proximate to the start of commercial operation of the West County
21 Integrated Resource Recovery Facility (hereinafter "IRRF" ) ;
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I C . WHEREAS, the operator of the West Contra Costa Sanitary
2 Landfill has advised that it expects that the West Contra Costa
3 Sanitary Landfill will close as late as March 1997, approximately
4 fourteen to fifteen months after the anticipated start of
5 commercial operation of the IRRF .
6 D. WHEREAS, the IRRF no longer includes the WCCSL
7 Landfill/Processing Facility (County Land Use Permit No . 2054-92
8 and City of Richmond Conditional Permit No . 92-53 ) ; and
9 E. WHEREAS, the Authority and County desire to amend the.
10 Underlying Contract to reflect the changes in conditions which
11 have occurred in the more than two years since execution of the
12 Underlying Contract and to improve the environment for the
13 Authority' s selection of the most cost effective landfill to
14 receive waste from the West County Integrated Resource Recovery
15 Facility (hereinafter "IRRF" ) by ensuring stability and providing
16 for an amount of waste that will attract the interest of landfill
17 operators .
18 THEREFORE, THE COUNTY AND AUTHORITY DO HEREBY AGREE AS
19 FOLLOWS :
20 SECTION 1 . Section 1 . 10 of the Underlying Contract is
21 hereby superseded and replaced in its entirety by the following:
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1 111 . 10 "IRRF" means the integrated resource recovery
2 facility consisting of a Central Processing Facility (County Land
3 Use-Permit No . 2053-92) and the existing Interim Recycling Center
4 and the lands and appurtenances associated with these
5 facilities . "
6 SECTION 2 . Section 9 . 4 (a) of the Underlying Contract is
7 hereby superseded and replaced in its entirety by the following:
8 " (a) Termination at the sole discretion of the Authority at
9 the end of five (5) years after. the start of delivery of waste to
10 the landfill selected by the Authority, other than West Contra
11 Costa Sanitary Landfill, to receive IRRF waste and thereafter at
12 the end of each subsequent five (5) year period. "
13 SECTION 3 . Except as amended in the foregoing, all other
14 terms, conditions and provisions of the Underlying Contract
15 remain unchanged.
16 IN WITNESS WHEREOF, the County and Authority have caused
17 this Amendment No . 1 to be duly executed and attested by the
18 respective officers, duly authorized to so act, as the date set
19 forth in the first paragraph of this Amendment No . 1 .
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WEST CONTRA COSTA INTEGRATED
WASTE MANAGEMENT AUTHORITY
ATTEST: .
R bin E. Slavik e M. Gomes
Secretary air of the Board
COUNTY OF CONTRA COSTA
ATTEST: Phil Batchelor, ClerkZ�i� A4
of the Board of Gayl Bishop
Supervisors and Chief Chair of the Board
Administrative Officer of Supervisors
By: Consent of Union Bank:
D uty
B:64amendl B
JULIE 13. BLOOMr-IEL
MICE PRESIDENT
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