HomeMy WebLinkAboutMINUTES - 11041997 - D6 t D. Y/
TO: BOARD OF SUPERVISORS
Contra
FROM: Mark DeSaulnier
n.
's Costa
DATE: November 4, 1997
County
sTA COUK�
SUBJECT: Central Contra Costa Solid Waste Authority
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
REQUEST the County Administrator to provide an oral report at the November 4th Board
meeting as to: 1) historical background on the county's discussions in the past about possibly
purchasing the Keller Canyon Landfill; and 2) any additional information as may be appropriate
for the board's consideration and-possible direction to our representatives to the Central Contra
Costa Solid Waste Authority(hereafter "Authority") regarding the Authority's consideration to
purchase the Keller Canyon Landfill.
Further, REQUEST County Counsel to provide an oral report at the November 4th Board meeting
as to: 1) historical background on the county joining the Authority; and 2) the method by which
the county could withdraw from the Authority.
BACKGROUND
The October 31, 1997, agenda for the Authority notices a staff report on the possible sale of
Keller Canyon Landfill and S.T.A.R. Transfer Station. Contra Costa County is a member of the
Authority under a Joint Powers Authority.
In the past, the county has been approached in regard to purchasing the Keller Canyon Landfill.
Should the Authority decide to move forward and negotiate for the purchase of the same landfill,
and in order to avoid costly consultant fees, it might be appropriate to make available to the
Authority the information the county utilized in reaching its decision regarding the sale. In order
for this Board to give any direction to its two members who represent us at the Authority,
however, the requested information and discussion referenced above is needed so that an
informed decision can be reached.
CONTINUED ON ATTACHMENT: YES SIGNATURE: 9b—
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON November 4, APPROVED AS RECOMMENDED X OTHER X
IT IS BY THE BOARD ORDERED that the above referenced oral reports made on this
date are ACCEPTED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) 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 November 4, 1997
PHIL BATCHELOR,CLERK OF THE BOARD OF
UPE ISORS A OUNTY ADMINISTRATOR
Contact: Supervisor DeSaulnier's Oiffice (I (I
cc: GMEDA BY DEPUTY
Community Development
i
SD. 11 1,
TO: BOARD OF SUPERVISORS
FROM: Val Alexeeff, Director, Growth Management and Economic Dead 4mg4t2: 4
Victor J. Westman, County Counselkawo
DATE: August 81 1995 DE 4`� ��' E;17P T
SUBJECT: Joining Central Contra Costa Solid Waste Authority
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS: Consider actions to be taken on:
1 . First Amended Joint Ezercise of Powers Agreement for the
Central Contra Costa Solid Waste Authority and ratification of
County membership therein.
2 . Resolution Authorizing Central Contra Costa Solid Waste
Authority to enter Solid Waste Collection Agreements and
delegating County franchise authority.
3. Transitional Agreements Between County and Central Contra
Costa Sanitary District for the Collection of Solid Waste:
A. Within Unincorporated Areas of North Concord, Pacheco and
Clyde.
B. Within Unincorporated Areas to be within the Jurisdiction
of the Authority (unincorporated South County areas of
Danville, Alamo , etc. ) .
Consider County's acceptance of the terms of this Agreement
(unincorporated South County area) being made contingent
upon the Central Contra Costa Sanitary District agreeing, in
writing, that an amount equal to the franchise fees
established by the County for the said area for the period
commencing April 1, 1996 be paid by the District to the
County.
4 . Authorizing staff (GMEDA Director and County Counsel) to
review final documents for conformance with the Board' s action as
(See continuation)
CONTINUED ON ATTACHMENT: zx YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON August 8 , 1995 APPROVED AS RECOMMENDED x OTHER x
SEE ADDENDUM ATTACHED FOR BOARD ACTION
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.
Orig: Community Development Department 8.,. 1995
cc: County Counsel PHIL BATCHELOR, CLERK OF
GMEDA THE BOARD OF SUPERVISORS
AND BAT
5a: \centrljp. 895 OUNT)ADMIN OR
BY DEPUTY
RECOMMENDATIONS - CONTINUED:
well as take any ministerial action necessary to finalize the
aforementioned membership in the Central Contra Costa Solid Waste
Authority (e.g. , filling in dates in the final document) , and
authorizing GMEDA Director to file any further documents
necessary for membership in said Authority with the Clerk of the
Board.
FISCAL IMPACT:
Short term: Under the Transitional Agreement for the North
Concord/Pacheco/Clyde area, the County would assume franchising
responsibility without benefit of franchise fees.
Long term: The Franchise Agreement to be issued to BFI
pursuant to the RFP process provides for the County' s collection
of franchise fees for the unincorporated areas.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
For the past several months, the Board's Solid Waste
Committee has been participants at meetings with the Central
Contra Costa Solid Waste Authority ("Authority") concerning the
County's joining the JPA for the provision of solid waste
services in the unincorporated territory in the Central/South
County area. Past substantial concerns of County staff have been
addressed in the current documents (most of which documents have
been before the Committee) . These documents are briefly
discussed in the following paragraphs.
1. First Amended Joint Exercise of Powers Agreement
for the Authority.
As the Board members are aware, the Authority (currently the
City of Walnut Creek and the Central Contra Costa Sanitary
District ("Sanitary District") ) issued a Request For Proposals
(RFP) for the provision of solid waste collection service -Within
the territories represented by the member agencies, including the
unincorporated territory within the Sanitary District's
jurisdiction. The Board's Solid Waste Ad Hoc Committee has been
the principal participants in meetings with the Authority for the
County's joining the JPA (for the unincorporated territory within
the jurisdiction of the Sanitary District) and subsequent or
concurrent delegation to the Authority, of the County's
franchising authority in the unincorporated territory within the
Sanitary District's jurisdiction.
As the Board members are also aware, Browning Ferris
Industries submitted the lowest bid for solid waste collection
services, and Valley Waste Management submitted the lowest bid
for recycling services.
2. Resolution Authorizing Authority to enter Solid Waste
Collection Agreement and Delegations.
The Resolution Authorizing the Authority to enter Solid
Waste Collection Agreements delegates to the Authority for a term
of eight years (with a possibility of this term being extended
for two years) , the County's franchising authority for specified
unincorporated areas within the jurisdiction of the Sanitary
District.
The resolution also delegates to the Authority,
implementation of the County's Source Reduction and Recycling
Element ("SRRE") and Household Hazardous Waste Element ("HHWE")
for specified unincorporated areas within the jurisdiction of the
Sanitary District.
Delegation is subject to the limitation that any franchise
agreement entered into by the Authority shall be substantially
similar to franchise agreements prepared by the Authority dated
AUgust 3 , 1995 , appropriate amendments to the Joint
Exercise of Aut ority Agreement being adopted, and upon the
County reserving the right to withdraw its delegation at any
time, provided the County must continue to administer the
Authority negotiated and entered contract. The above-referenced
franchise agreement provides for the county' s levy of franchise
fees in the unincorporated area.
3. Transitional Agreements Between County and Central
Contra Costa Sanitary District:
A. North Concord, Pacheco, Clyde
This agreement provides for the Sanitary District' s
assigning its franchise with Pleasant Hill Bayshore Disposal to
the' County for the remainder of the franchise term (March 31,
1996 expiration date) . The Sanitary District would continue to
administer AB 939 recycling activities for the area, including
activities being undertaking pursuant to the Sanitary District' s
franchise agreement with Pleasant Hill Bayshore Disposal, Inc. ,
until the franchise' s termination on March 31, 1996.
B. Unincorporated South County Area (Danville, Alamo,
etc.)
This agreement provides for the Sanitary District delegating
to the County (for the County' s delegation to the JPA) , the
District' s authority to franchise solid waste collection service
in the unincorporated south county area within the jurisdictional
territory of the Sanitary District, upon the expiration of the
current Sanitary District - Valley Waste Management franchise
(March 31, 1996 expiration date) .
The Sanitary District will retain all franchise fees and
will administer the franchise until its termination on Maich 31,
1996. This transitional agreement also provides for a one-year
extension of the Sanitary District-Valley Waste Management
franchise. The County's approval of this transitional agreement
should be made contingent on the County receiving franchise fees
from this area commencing April 1, 1996.
4. Final Transitional Agreements .
On Tuesday, August 1, 1995, we were advised by an attorney
for the Sanitary District that on Friday, July 28, the Sanitary
District made further changes to the transitional agreements. As
of the date of the writing of this report, County staff has not
been advised that the only "conceptual" change requested concerns
allocation of Acme litigation costs. However, final drafts have
not been presented to County staff for presentation to the Board.
Prior to this latest communication, County staff reviewed drafts
of the documents, and had presented staff's comments (based upon
Committee expressed concerns) to the District' s legal counsel .
If final documents are received from the District before
Tuesday, August 8, 1995, staff will submit them to the Clerk of
the Board for inclusion in the Board' s packet.
5a: \cenjpa8.95
ADDENDUM
The Board of Supervisors on this date considered the
recommendations of Val Alexeeff, Director, Growth Management and
Economic Development relative to joining the Central Contra Costa
Solid Waste Authority.
Mr. Alexeeff presented the staff report on the issue .
The Board discussed various issues and concerns.
The following persons presented testimony:
Sue Rainey, 160 Bixley Place, Walnut Creek;
Roger Dolan, Centra Contra Costa Sanitary District .
The Board deferred to the afternoon calendar further
consideration of the matter, requesting staff to address concerns
that had been expressed this morning.
In the afternoon, following consideration of revised
language worded to capture the spirit of the morning discussion,
and further Board discussion, Supervisor DeSaulnier moved the
staff recommendations with the changes that were before the Board
on page 8 of the transitional agreements.
With the understanding that the change would be in both
transitional agreements, Supervisor Smith seconded the motion.
IT IS BY THE BOARD ORDERED that the First Amended Joint
Exercise of Powers Agreement for the Central Contra Costa Solid
Waste Authority and ratification of the County membership therein
is APPROVED; Resolution 95/638 authorizing Central Contra Costa
Solid Waste Authority to enter Solid Waste Collection Agreements
and delegating County franchise authority is ADOPTED; Transition
Agreements between the County and Central Contra Costa Sanitary
District are APPROVED as amended; GMEDA Director and County
Counsel are AUTHORIZED to review final documents for conformance
with the Board's action as well as take any ministerial action
necessary to finalize the aforementioned membership in the
Central Contra Costa Solid Waste Authority; AUTHORIZED the GMEDA
Director to file any further documents necessary for membership
in said Authority with the Clerk of the Board.
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
Re: Authorizing Central Contra Costa RESOLUTION NO. 95/-.6—38
Solid Waste Authority to enter
Solid Waste Collection
Agreements
The Board of Supervisors of Contra Costa County RESOLVES THAT:
WHEREAS, the Legislature of the State of California, by enactment of the
California Integrated Waste Management Act of 1989 (hereinafter "AB 939"), as set
forth in Public Resources Code §§ 40000 et seq., as it may be amended from time to
time, has declared that it is within the public interest to authorize and require local
agencies, including cities, to make adequate provisions for solid waste handling within
their jurisdiction; and
WHEREAS, County of Contra Costa, pursuant to Public Resources Code §
40000, Government Code § 25827, the California.Constitution and preexisting laws,
could have historically provided for the collection, transfer and disposal of solid waste
generated within its unincorporated limits through issuance of exclusive collection
franchises; and
WHEREAS, Central Contra Costa Sanitary District (hereinafter "CCCSD"),
pursuant to its enabling act, case law and as otherwise provided for in Public
Resources Code §§40000 et seq., has historically provided for the collection, transfer
and disposal of solid waste generated within certain portions of its jurisdictional
boundaries in some unincorporated County areas through issuance of exclusive
collection franchises; and
WHEREAS, Central Contra Costa Solid Waste Authority (hereinafter
"CCCSWA") is a joint powers agency formed pursuant to Government Code §6500, et
seq. and currently is and will be comprised of member agencies of the City of Walnut
Creek, Contra Costa County and CCCSD; and
WHEREAS, a joint powers agency, as a separate public entity, may exercise
those powers commonly held by its respective members, to the extent the member
agencies provide for the exercise of such common powers to the joint powers agency;
and accordingly, CCCSWA, through the Joint Powers Agreement, as it is to be
amended, will have the authority to contract for the collection, transfer and disposal of
solid waste generated within specified jurisdictional boundaries of its member agencies;
and
WHEREAS, the Contra Costa County has concluded that franchising of solid
waste collection on a regional basis within the CCCSWA jurisdictional boundaries will
serve to consolidate coordination and planning of such collection, transfer and disposal
activities, while providing an opportunity to maximize the ratepayers' market power
while providing for economies of scale, thus benefiting the public served by CCCSWA,
including the citizens of involved unincorporated County areas; and
WHEREAS, AB 939 has authorized and directed counties' among other public
agencies, to develop and implement plans with respect to the Source Reduction and
Recycling Elements and Household Hazardous Waste Elements as specified therein;
and
RESOLUTION NO. 95/ 63 8----
1
WHEREAS, the Contra Costa County has concluded that implementation of
these Source Reduction and Recycling Elements and Household Hazardous Waste
Elements can be accomplished most efficiently through use of CCCSWA to administer
and coordinate implementation on a regional basis for certain specified unincorporated
areas; and
WHEREAS, franchise agreements have been prepared by the CCCSWA for use
in entering into franchises between CCCSWA and Browning-Ferris Industries for
Refuse Collection, Transfer and Disposal, and between CCCSWA and Valley Waste
Management for Recycling and Green Waste Collection, Processing and Marketing
Services; and
WHEREAS, Contra Costa County is willing to delegate its solid waste collection
franchise authority (for refuse, recycling and green waste) to CCCSWA for specified
unincorporated areas, provided that the terms of the franchises therefor to be executed
by CCCSWA provide for the basic provisions and are in a form substantially similar to
the above agreements prepared by CCCSWA dated August 3, 1995
NOW, THEREFORE, the Board of Supervisors of Contra Costa County resolves
as follows:
1. With this County's membership in CCCSWA, this County delegates its
authority to CCCSWA to enter into contracts concerning solid waste collection, transfer
and disposal for the territory within the jurisdictional boundaries of the County as
identified in the aforesaid amended Joint Powers Agreement for provision of refuse,
recycling and green waste service; and
2. The County delegates its authority to CCCSWA to implement the SRREs and
HHWEs of the County through the CCCSWA franchising authority for the specified
unincorporated areas identified in the amended Joint Powers Agreement for these
additional delegations;
3. Said delegation of authority from the County to CCCSWA, as set forth in (1)
and (2) above is for the eight (8) year term of the proposed franchise agreements and is
subject to the limitation that any franchise agreements entered into by CCCSWA shall
be in a form substantially similar to the franchise agreements dated August 3 . 1995
referenced hereinabove, and further conditioned upon appropriate amendments to the
Joint Powers Agreement being enacted by CCCSWA prior to execution of the franchise
agreements; and
4. Said delegation is further conditioned upon Contra Costa County reserving
the right to withdraw at any time, for any reason, the delegations of authority. However,
in doing so, agrees to administer the franchise agreement as negotiated for the term of
the contract.
5. This resolution shall take effect August 8 , 1995
RESOLUTION NO. 95/ 6 3 8
2
PASSED AND ADOPTED on August 8 , 1995 , 1995, by the Board of
Supervisors by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
I hereby certify that this is a true and
correct copy of an action taken and
entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: August 8 , 1996
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By:
D puty
RESOLUTION NO. 96/ 6 3 8
3
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FIRST AMENDED
JOINT EXERUSE OE PQ.UM AGREEMENT
CENTRAL CONTRA CDSIA SOLID WASTE AUTHORITY
ARTICLE I-, EUMSE
A. Pu se 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 Central Contra Costa Solid Waste Authority,
hereinafter referred to as the "Authority".
B. h=se of Authority: The purpose of the Authority shall be to exercise certain powers
set forth below, in a manner which will (1) assure the citizens of the Member Agencies
that certain solid waste transfer station(s), regional resource recovery facility(ies),
recycling facility(ies), household hazardous waste facility(ies), and/or landfills) and
related programs will be operated in the most cost effective manner possible consistent
with the proper concern for the environment; and (2) allow for the public ownership
and/or management of said facilities; and (3) allow for certain or all of the Member
Agencies to participate in individual or joint efforts concerning issuing Requests for
Proposals and entering into contracts for franchising of solid waste collection, handling
and disposal, including green waste and recyclable&; and (4) allow for such other joint
efforts concerning the handling and disposal of the solid waste stream as may be
beneficial to constituents of the Member Agencies.
C. Members gt Authority: This Agreement was entered into as of September 11, 1990 by
and between the cities of Walnut Creek and San Ramon and the Central Contra Costa
Sanitary District (hereinafter "Initial Members"), as individual public entities which
mutually promise and agree as hereinafter set forth. Membership in the Authority is
open to any public entity that is authorized to franchise the collection or handling of
solid waste in Central Contra Costa County and does so franchise or delegate the
authority to franchise to the Authority. Membership in the Authority is granted upon a
two-thirds (2/3) vote of all members of the Authority Rnard, ac then constituted,
approving the application for membership, and upon compliance. with the terms and
conditions of membership set forth by the Board and/or in force at that time.
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CC'CSWA 5109061805 11/03/97 11 :09 [J :02 N0:647
For purposes of this Agreement "solid waste handling" or "handling" shall be as defined
pursuant to California Public Resources Code Section 40195, and is to include collection,
recycling, transportation, storage, transfer, or processing of solid wastes.
D. jurisdictional Boundaries of A ho ly: The jurisdictional boundaries of the Authority
shall include the jurisdictional boundaries of the Authority's respective Member Agencies
as set forth in, and as limited by, the Service Area Map for the Authority, attached
hereto as Exhibit 1.
E. 0n�0Ment of Exp: It is the intention of the Authority to collect revenues to
cover the costs of Authority operations. To the extent that the Authority regulates the
operation of transfer facilities, reclamation facilities, recycling facilities, household
hazardous waste facilities, landfill facilities and/or other facilities, the Authority may
recover a portion or all its costs of operation through facility fees and through such other
fees as the Authority may lawfully impose. The Authority may, in addition or
alternatively, recover its costs of operation through administration of franchise
agreements granted by the Authority, including franchise fees and through the collection
of other fees as may be provided for in the various franchise agreements. Such
Authority costs of operation may, in addition, be recovered through franchise fees or
other fees lawfully imposed by or on behalf of the Authority through its Member
Agencies with regard to the Authority's solid waste management activities.
To the extent that operating expenses exceed revenues during any period, including the
initial start-up period of the Authority, the Member Agencies shall be responsible for
providing the requisite funds to the Authority to ensure that such expenses are met in the
proportion that the total tonnage of solid waste collected within the jurisdiction of each
agency bears to the total tonnage of solid waste collected within the jurisdiction of all
members of the Authority. Solid waste collected from areas of a Member Agency
located outside of the jurisdictional boundaries of the Authority are not included in these
calculations. Each Member Agency's contribution to such expenses is dependent upon
such Member Agency's governing body's yearly approval of such contribution,provided,
however, that if such Member Agency's governing body does not approve such
contribution, such Member Agency may be expelled.
It is the intent of this Agreement that monies and Membership Fees advanced to the
Authority by individual Member Agencies to cover Authority costs of operation,
including costs of establishing the Authority, are to be reimbursed to said Member
Agencies. Such reimbursement of funds shall be collected through the fee structures set
forth above. Such reimbursement shall be authorized to the extent that it does not impair
necessary worldng capital or the ability of the Authority to repay any bond or other debt
obligations.
Notwithstanding the above provisions, where two or more Member Agencies have dual
or overlapping authority to franchise solid waste handling within any portion of the
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CCCSWA 5109061805 11/03/97 11 :09 [5 :03 N0:647
Authority's jurisdictional boundaries, the total solid waste collected within said dual or
duplicative jurisdictional boundaries shall only be counted toward or included within the
total tonnage of the Member Agency actually delegating to the Authority the authority
to franchise solid waste handling for the area or area involved.
ARTICI F 2• P03Y RS OF THE AUTFIiORTTI'
A. General Powers: 1. The Authority shall have all powers common to its Member
Agencies, and such general powers shall further include, but not necessarily be limited
to the following:
a) To advise the Member Agencies on issues related to solid waste handling and
disposal;
b) To advocate the interests of the Member Agencies related to solid waste
management issues with local, state and federal officials;
e) To plan for transfer station(s), resource recovery facility(ies), recycling
facility(ies), household hazardous waste facility(ies), landfill(s), and other solid
waste facility(ies) and programs, and/or any related closure and post-closure
thereof;
d) To develop transfer station(s), resource recovery facility(ies), recycling
facility(ies), household hazardous waste facility(ies), landfill(s), any other solid
waste facility(ies) and program(s) and/or any related closure and post-closure
thereof;
e) To acquire and/or operate and/or contract for the operation of transfer station(s),
resource recovery facility(ies), recycling facility(ies), household hazardous waste
facility(ies), landfill(s) and other solid waste facility(ies) program(s) and/or any
related closure and post-closure thereof;
f) To regulate rates of transfer station(s), resource recovery facility(ies), recycling
facility(ies), household hazardous waste facility(ies) and landfill(s);
g) To issue Requests for Proposals and enter into agreements to franchise for the
handling and/or disposal of solid waste, green waste, and recyclables;
h) To provide any or all of the solid waste handling and/or disposal services, green
waste and recycling services as set forth herein to other public agencies not
members of the Authority, including issuing Requests for Proposals.and entering
into agreements with and on behalf of these other public agencies concerning, but
not limited to, the administration and/or regulation of rates, rate setting,
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CCOWA 5109061805 11/03/97 11 :09 [5 :04 N0:647
franchising and provision of any other solid waste services deemed reasonable or
necessary by the Authority Board;
I) To advise on matters of solid waste handling and disposal rates and charges;
j) To advise public entities as to market conditions affecting the marketability of
recyclable commodities;
k) To market and sell recyclable commodities; and
1) To conduct joint studies and/or institute joint programs as may be required by law
or are appropriate regarding solid waste handling and disposal including, but not
limited to, such efforts as may be required regarding reduction of the waste
stream disposed at landfills.
2. Notwithstanding the provisions of this Agreement, each
Mcmbcr Agcncy retains its own exis Utng uudiority to franchise solid waste handling and disposal
services and landfills within its own jurisdictional boundaries. Any Member Agency may elect
to delegate to the Authority such rights with respect to solid waste handling and disposal and
upon such terms and conditions as the Authority may agree. Nothing in this Agreement is
intended to or does provide authority for the Authority to regulate the Acme Landfill, .Keller
Canyon Landfill, or any transfer station located at the Acme Landfill, or any of their respective
operations.
3. The Authority's exercise of the above general powers shall
only affect those portions of the Member Agencies lying within the jurisdictional boundaries of
the Authority as set forth in the Map, Exhibit 1 hereto. 'Phis provision is not intended to limit
the scope of Article 2(A)(1)(h).
B. 8mific Powers: In carrying out its general powers, the Authority is hereby
authorized to perform all acts necessary or proper for the exercise of said powers which
may include, but are not limited to, the following:
1. To make and enter into contracts and to issue Requests for Proposals;
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 entities as it deems necessary;
4. To conduct studies;
4 Ft\DMS\TC5.DIR\O11S230.07
CCCSWA 5109061805 11/03/97 11 :09N :05 N0:647
S. To review the Contra Costa Integrated Waste Management Plan and other such
public planning documents as may be developed, and recommend revisions or
amendments thereto;
6. To acquire, construct, manage, maintain, operate and control any buildings,
works or improvements;
7. To acquire, hold or dispose of property;
8. To acquire by condemnation proceedings such real and/or personal property
and/or rights of way as in the judgment of the Authority are nccasary or proper
to the exercise of its powers;
9. To incur debts, liabilities or obligations subject to limitations herein set forth;
10, To levy and collect fees and charges to the extent permitted by law;
11. To assess and collect, subject to Article S, Section A and Article 1, Section E,
of both Initial Members and future agency members, fees for membership in the
Authority, so as to provide moneys for the financing of its activities, operations,
and expansion which are not adequately funded by the revenues collected for
services provided by the Authority;
12. To issue bonds, subject to the provisions and limitations of the laws of the State
of California; and
13. To adopt annually, by July 1 of each fiscal year, a budget setting forth all
administrative, operational and capital expenses for the Authority, together with
the apportionment of such expenses by levy against each Member Agency to the
extent necessary, subject to Article 1, Section E.
ARTICLE 3: ORGANIZATION OF AUTHORITY
A. Board of Directors: The Authority shall be governed by a Board of Directors,
hereinafter "Board", which shall exercise all powers on behalf of the Authority. The
Board shall have the authority to carry out all duties and functions within the power of
the Joint Exercise of Powers Agreement.
The Board shall be composed of two (2) representatives from each Authority agency,
who shall be elected members of such agency's governing body. Each member
representative shall have the right to vote on each issue pending before the Board. The
term of Board membership is unlimited except as a Member Agency may provide for its
own representatives; however, as to such member representatives, Ruch term shall
S FINDMINTC1.01R\0115230.07
CCCSWA 5109061805 11/03/97 11 :09 [5 :06 N0:647
automatically expire when the representative is no longer an elected officer of the agency
that he or she represents on the Board.
B. Dtties of the Board of Directors: The Board shall perform all acts necessary or proper
to carry out the purposes of this Agreement and to execute the General and Specific
Powers of the Authority, which acts include but are not limited to the following:
a) Conduct Board meetings pursuant to a schedule adopted by the Board;
b) Consider, modify and approve the annual work program and budget;
e) Levy, fix, act and/or impose foes, assessments and charges to the extent permitted
by law and by this Agreement;
d) Authorize, review and accept reports and studies;
e) Review, recommend, approve and/or regulate rates for services provided by the
Authority or over which the Authority has regulatory power through contract or
otherwise;
f) Recommend action to Member Agencies and other public bodies on:
i) The Contra Costa County Integrated Waste Management plan and any
other such public planning douumcnis as may be develupud wid. revisions
or amendments thereof; and
ii) The planning, financing, development and operation of Authority
activities;
g) Accept agencies as subsequent parties to the Agreement and members of the
Authority, and their representatives as Board members;
h) Authorize the hiring and/or engagement of Authority staff;
i) The Board may, from time to time, declare one of the Member Agencies as the
lead agency for specific purposes as may be set forth by the Board or for the
general purpose of staffing the Authority and carrying out the Authority's
functions. At the time said Member Agency is appointed as a lead agency, the
Board shall determine whether the member is to bear the costs of such lead
agency activity or be reimbursed therefor. The Authority, in any event, shall
reimburse agency members for personnel costs associated with the staffing of the
Authority with Member Agency personnel;
F:\DMi\TCi.D1R\011SiJ0.01
CCCSWA 5109061805 11/03/97 11 :09 D :07 NO:647
j) Establish committees to carry out Authority purposes, and appoint committee
members from the Authority Board, the legislative bodies or administration of
Member Agencies, Authority staff, and/or staff of the Member Agencies. The
Authority shall reimburse agency members for personnel costs associated with the
staffing of committees with Member Agency personnel;
k) Delegate duties to Authority or Board staff and/or members, appointed
committees and committee members, the City Councils and/or staff, or the
Sanitary District Board and/or staff or the County Board of Supervisors and/or
staff.
C. Vo&g Reayirements: All actions of the Board may be undertaken by a majority vote
of the Board members present, provided a quorum exists, except for such Board actions
requiring a two-thirds (2/3) vote as may otherwise be set forth herein. Each Board
member shall have one vote.
D. Board of Directors Mems: Upon execution of this Agreement, the governing body
of each agency shall, by resolution, appoint two (2) member/representatives to serve as
members of the Board in conformity with the requirements of Article 3, Section A.
E. SubZWuent AuLhoriJy Members: Any agency which has the authority to franchise solid
waste collection in Central Contra Costa County, and franchises the same or delegates
such authority to franchise to the Authority (including cities incorporated and districts
formed after the effective date of this Agreement, and including the County), may
become members of the Authority. Its representatives may become voting members of
the Board by: (1)presenting an adopted resolution to the Board which includes a request
to become a member of the Authority, (2) receiving a two-thirds (2/3) vote of all
members of the Board to accept the new member, And (3)by payment of any charges and
execution of all documents as may be.required by the Roard. Such charges may include
such items as eompensation to the existing Authority members for previously expended
costs in furtherance of Authority purposes, including staffing expenses, capital expenses,
financing expenses, and assessments for losses in prior Authority operations. These
examples are purely illustrative, however, and are not intended to limit the power of the
Authority or the Board to fix whatever buy-in,capitalization or other equalization charges
deemed nomeary or proper. Payment of such charges may be made in any manner
deemed nevessary or proper by the Board, including, but not limited to cash payment,
a differential rate structure at Authority facilities, future capital contributions, surcharges
or by other plan which might include appropriate security.
F. Board Officers: The Board shall by a majority vote elect from its members a
Chairperson and a Vice Chairperson. The Chairperson and Vice Chairperson shall have
one-year terms and may be re-elected so as to serve a maximum of two (2) consecutive
one-year terms, unless the Board unanimously approves additional consecutive term(s)
as to a particular Chairperson or Vice Chairperson. The Chairperson shall preside over
7 FA NSVC14IM011S230.07
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all meetings according to the Rules and Procedures adopted by the Board. The Board
Chairperson shall represent the Authority and execute any contracts and other documents
when required by the Rules and Procedures.
O. Board.$uj : The Board is empowered to establish its own Rules and Procedures to the
extent those rules are not inconsistent with the laws of the State of California governing
the operations of this Authority.
H. Mee es of the Board:
a) Rag : The Board shall hold scheduled public meetings at a location
selected by the Board.
b) Special Meetings; Special meetings of the Board may be called in accordance
with the provisions of Section 54956 of the California Government Code.
c) Notice of Meetings: All meetings of the Board shall be held subject to the
current provisions of the Ralph M. Brown Act, being Sections 54950 Imo. of
the California Government Code, and other applicable laws of the State of
California requiring public meetings.
d) MinutCS: The Board Chairperson shall cause minutes of all meetings to be kept
and shall, as soon as possible after such meeting, cause a copy of the minutes to
be forwarded to each member of the Board.
I. Staffin : Each of the Member Agencies shall use its best efforts to provide staff to the
Authority as may be necessary initially for the Authority to execute its powers and duties
and as may be required by the Board thereafter. Staff may be drawn from Member
Agencies or agency staff. Additionally, the Authority`may contract with or employ
entities and/or individuals not associated with Member Agency staff, as permitted by
Article 2, Section B(3).
J. : The Board has the power to appoint as staff to the Board the following
officers:
a) -Executive Director: There may be an Executive Director appointed who will
serve as the chief executive officer of the Authority. He or she shall be
responsible to the Board for the management and administration of all Authority
affairs pursuant to the Board's direction.
Until such time as the Board may determine to appoint an Executive Director who
is not a staff member of a Member Agency, and for such other times as there is
no Executive Director serving, the Board may appoint an interim Executive
Director, who shall have such powers and duties as are set forth in this section.
8 F ADWTCS M M0115230.07
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An interim Executive Director shall be the chief administrative officer of one of
the Member Agencies, or such other agency staff member as the Board deems
appropriate.
b) Treasurer and Controller. There shall be a Treasurer and Controller to be the
custodian of all Authority funds, to pay demands and to make or contract for an
annual audit. Such Treasurer shall be the Treasurer of one of the Member
Agencies, the County Treasurer, a Certified Public Accountant or one of the
Authority's officers or employees as set forth in California Government Code
1§6505.5 and 6505.6.
c)
S==1=: _There shall be a Secretary appointed by the Executive Director who
shall be responsible for the noticing of meetings and recording of minutes of
meetings as required by the Brown Act and the Rules and Procedures, in addition
to such other duties as the Executive Director may assign.
K. Funds, E=nditures and Audits:
Bach and every expenditure of moneys &heli be authorized or approved by the Board or
by a person designated by the Board to authorize expenditures. The Treasurer shall draw
warrants to pay demands so authorized for payment by the Board.
Before the Authority may expend any moneys or incur any financial obligation, it shall
adopt a budget showing proposed expenditures for the Fiscal Year and the proposed
means of financing such expenditures. The budget shall be for the ensuing Fiscal Year,
beginning on July 1 of each calendar year and ending on June 30 of the following
calendar year.
The Board shall periodically cause an audit to be performed with regard to the financial
operations of the Authority.
ARTICLE 41 TERMS OF AGREEMENT
A. Effective Date: This Agreement shall become effective on the date of its execution by
all the agencies identified as Initial Members in Article 1, Section C.
B. AMrp,ftgnts: This Agreement may be amended by a two-thirds (2/3) vote of all
members of the Board. Any such amendment shall be effective upon the date of such
action.
C. Undertaking of Specific Projects: Although it is the intent of this Agreement, and
therefore the purpose of the Authority, to cooperate jointly amongst the Member
Agencies so as to provide the most efficient operation of solid waste facilities and most
efficient means of handling and/or disposal of solid waste, green waste and recyclables
on a regional hasais, nothing contained in this Agreement is intended to prevent the
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Authority from undertaking projects and agreements to provide services pursuant to
separate contacts between the Authority and individual Member Agencies and non-
member public agencies, which projects and agreements are not intended to benefit all
of the Member Agencies. The Authority shall hold title to each project and to the rights
and benefits of each agreement in test for the use of the members who participate. The
members who participate in a project or agreement shall indemnify and hold harmless
the members who do not participate from liability of any kind resulting from, or in any
way related to, the financing, construction, acquisition,operation or maintenance of such
project, or resulting from or arising out of performance of such agreement_
The Authority shall have the power to proceed with the final acquisition and construction
of a project which is not joined in by all Authority members, only when a separate
project contract has been entered into which provides arrangements for obtaining funds
sufficient to pay for all costs of such project.
D. Withdrawal:
a) Any Member Agency, upon written notice given by January I of any year to the
Chairperson of the Board of Directors, and to all other Member Agencies, may
withdraw from the Authority effective no earlier than July 1 of that year;
provided, however, that the withdrawal of such Member Agency shall not
terminate such Member Agency's responsibility under any obligation of such
Member Agency or the Authority or any action taken in connection therewith,
and further provided that the withdrawing agency may pay to the Authority on the
effective date of withdrawal, all money owing to the Authority, and as to those
capital expenditures that the withdrawing agency has agreed to participate in by
contract or otherwise, its share of such capital expenditures. Such financial
obligations of such withdrawing agency may be assumed by another entity upon
a two-thirds (2/3)vote of the Board, absent the participation of the representative
of the withdrawing agency.
b) Notwithstanding subsection (a) above, a member shall not be permitted to
withdraw from the Authority unless the Board determines by majority vote,
absent the participation of the representatives of the withdrawing agency, that as
of the effective date of withdrawal the Authority will have a waste stream
sufficient to meet all Authority operating expenses andobligations outstanding as
of the effective date of withdrawal, whether capital, operational, maintenance-
related or otherwise, and to ensure that all Authority operations will not be
adversely affected to a malarial extent by the withdrawal of the withdrawing
member.
c) Notwithstanding subsections a and b, above, any Member Agencies, regardless
of whether it withdraws from Authority membership, may at any time, for any
reason, upon thirty (30)days prior written notice to the chairperson of the Board
10 Ft\DMR\TCQ.DIR\0115230.07
CCCSWA a 5109061805 11/03/97 11 :095 :11 N0:647
of Directors, terminate the delegation of authority from said Member Agency
granting the Authority the right to franchise on behalf of said Member Agency.
As of the effective date of termination of said delegation of franchise authority,
said Member Agency shall no longer be a party subject to any franchise
agreement entered into on its behalf by the Authority. Said Member Agency
agrees, however, to accept an assignment of all rights and obligations under each
said franchise agreement entered into on its behalf by the Authority with respect
to those portions of the service area of each franchise agreement located within
the jurisdictional boundaries of said Member Agency. Said Member Agency
further agrees to administer such partially assigned franchise agreements in good
faith, pursuant to the terms of each said franchise agreement, for the balance of
their respective terms. Nothing contained herein limits the right of said Member
Agency and any of said franchisees from subsequently agreeing to amend said
partially assigned franchise agreements.
d) The withdrawing agency shall also continue to be liable for its share of Authority
obligations, including, but not limited to, operations costs and the General
Budget, until the effective date of its withdrawal.
E. Expulsign of Member: The Board may, by a two-thirds (2/3) vote of the Board
members, terminate a Member Agency's membership in the Authority for a material
breach of this Agreement after six (6) months' notice to such Member Agency. A
Member Agency so expelled shall be responsible for capital expenditures and non-capital
obligations of the Authority as set forth in Article 4, Section D above. Further, a
Member Agency so expelled shall have the rights as set forth in Article 4 D(3) with
respect to termination of its delegation of franchising authority and partial assignment of
the franchise agreements.
F. Reinstatement: An agency, subsequent to its withdrawal, or subsequent to expulsion,
may seek reinstatement as a Member of the Authority. Application for reinstatement
shall be made in writing to the Board. An agency shall be reinstated upon a two-thirds
(2/3) vote of all members of the Board as then constituted. The Board may require an
agency seeking reinstatement to meet any terms and conditions which the Board deems
appropriate.
G. Division of Property and Obligations on Dissolution: Upon dissolution of the Authority
as a legal entity, all debts and obligations of the Authority, including all bonded
indebtedness, shall be paid, and the remaining property of the Authority shall be divided
in proportion to the contributions made among all of the agencies who are parties to this
Agreement at the time of its dissolution.
H. FI9w Conal: With regard to any flow control rights that Member Agencies may have
with respect to any solid waste, Member Agencies shall not exercise such flow control
rights for solid waste collected within the Authority's jurisdictional boundaries in any
11 F!W9\TCt.0IRkO115230.07
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manner inconsistent with the terms of any Authority franchise or other contractual
agreements.
To the extent that Member Agencies may now, or in the future, have the authority to
exercise flow control for the said waste stream collected within their jurisdictional
boundaries, the Authority shall, on entering into a contract or franchise concerning
collection, transfer and disposal of solid waste, be deemed to have the authority to
exercise such flow control rights for the solid waste within the jurisdictional boundaries
of the Authority under the terms of this Agreement.
Nothing herein is intended in any manner to constitute an exercise of flow control by the
Authority. or its Member Agencies. The intent of this Agreement is to provide
recognition of the respective roles of the Authority and its Member Agencies with respect
to solid waste flow control issues. Moreover, this Agreement shall be interpreted to be
limited by existing and developing law on issues of flow control and interstate commerce_
1. A r& of VjjJC S ream: The Authority shall accept the waste stream of any
Member Agency, whether delivered for solid waste handling by the Member Agency or
by a franchisee of the Authority or Member Agency, to the extent the Authority owns
or operates solid waste handling facilities designed and constructed to accommodate the
waste stream from the affected Member Agency and the facility or facilities have
adequate capacity to serve the Member Agency's entire need. The Authority shall
attempt to acquire, construct and/or operate Authority facilities in such a manner as to
best accommodate the solid waste handling needs of all Member Agencies.
J. Fending From Member Agencies: Subject to Article 1, Section E,each Member Agency
shall provide its shave of the Authority's general budgetary obligation.
K. IrlBbilitX: The tort liability of the Authority, all members of the Board, and all officers
and employees of said Authority shall be controlled by the provisions of Division 3.6 of
Title I of the Government 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 the Member Agencies, to the full extent .such
allocation of liability is permitted by law. 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 or to
do the same for specific projects or undertakings of the Authority.
To the extent that any liability of the Authority, whether based. on contract, tort or
otherwise,passes through to a Member Agency, or Member Agencies, said liability shall
12 F t 1DMt\TCt.D I R\0115230.07
CCCSWA ig 5109061805 1111WAO! H :uy LY i3 NV.04r
be apportioned based upon principals of fault. If, for any reason, apportionment between
Member Agencies cannot be based upon fault under the circumstances involved, then
apportionment shall be based upon that proportion that the total tonnage of solid waste
collected within the jurisdiction of each Member Agency bears to the total tonnage of
solid waste collected within the jurisdiction of all members of the Authority as more fully
described in Article 1(E).
L. Tridemni : no Authority shall indemnify, defend (at the Authority's sole expense),
and hold harmless the Member Agencies, their respective officers. directors,.employees,
and agents from and against any and all loss, liability, penalty, forfeiture, claim,
demand,action, proceeding, or suit of any and every kind and description (including,but
not limited to, injury to and death of any person and damage to property, or for
contribution or indemnity claimed by third parties) arising as the sole result of the
Member Agency or Agencies' status as members of the Joint Powers Authority, i.e.
liability of the Member Agency is derivative only. The Authority's duty to indemnify,
hold harmless and defend shall survive the expiration or earlier termination of this
Agreement.
M. Insurance; Each Member Agency and its respective officers, directors and employees
shall be named as additional insured to the same extent and degree that the Authority and
Its officers, directors and employees are named as additional insureds with respect to any
insurance as required by the Authority pursuant to the terms of any contract or franchise
agreement entered into by any other party with the Authority.
N. Term andT,minglon,- This Agreement shall continue in force until terminated as
specified by this section. This Agreement may be terminated at the end of any Fiscal
Year by consent of all Member Agencies; however, this Agreement and the Authority
shall continue to exist for the purpose of disposing of all claims, the distribution of
assets, and any other functions necessary to conclude the affairs of the Authority. Upon
termination,payment of the obligations and division of the property of the Authority shall
be conducted pursuant to Section G of this Article.
ARTICLE 5: PROTECT FINA_NCIN r
A. Sc=te CoaUwU: Financing of specific capital projects, such as the acquisition or
construction 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 expen.w-R, as well as such other terms as may be appropriate.
B. j&: The Authority may issue or cause to be issued bond and other indebtodncss, and
pledge any property and/or revenues as security to the extent permitted by law. Any and
all debts, liabilities, and obligations incurred by or imposed upon the Authority shall be
13 fs WIVCi.D1110115230.07
CCCSWA 5109061805 11/03/97 11 :09 [Y :14 NU:nor
the debts, liabilities, and obligations solely of the Authority, rather than the debts,
liabilities, and obligations of the individual Member Agencies.
C. Financial contribution: For agencies joining the Authority after the effective date of this
Agreement,the Board shall determine such agencies'proportionate financial contribution,
which is due upon joining the Authority.
D. : It is intended that the liabilities of the Authority, to the fullcst extent possible,
are funded by revenues generated by facility operations or through solid waste fees and
franchise fees based on services provided by Authority or pursuant to Authority direction
or regulation.
AR'I'IC1;E 6: EXERCL>,_OF AUTHOR='.% ROWERS
This Agrecment is entered into under the provisions of Article 1 of Chapter 5, Division 7, Title
One of the 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 statutes and laws of the State of CaUfornla.
14 FsVM %TCS.OtR\0115230.07'
CCCSWA 5109061805 11/03/97 11 :Uy D :15 N0:04r
ARTICLE 7: OBLIGATIONS OF AUTHORITY
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.
PASSED AND ADOPTED this 24th day of August , 1995 by the following
vote:
AYES: Members: Bishop, Hicks, Hockett, Rainey, Smith, Wolfe
NOES: Members: None
ABSENT: Members: None
js�-z �4.
President of the Board of Directors
Central Contra Costa Solid Waste
Auth144U,
ty
COUNTERSIGNED: 10.
Sec
Cenkdl Contra Costa Solid Waste
Authority J _
s 70""� ^, .
j'
APPROVED AS TO FORM:
Kentofi L. Alm
District Counsel
15 r:wimics.ais�o»sz;o.oi
AMENDMENT NUMBER TWO
TO JOINT EXERCISE OF POWERS AGREEMENT
CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY
1. Section O shall be added to Article 4 of the First Amended Joint Exercise of
Powers Agreement of the Central Contra Costa Solid Waste Authority and shall read as follows:
O. Concurrent Membership of Central Contra Costa Sanitary
District and Cities/Towns of Orinda. Moraga. Lafayette
and Danville: The.Central Contra Costa Sanitary District
as an Initial Member of the Authority may remain as a Member
until withdrawal or expulsion pursuant to Article 4 of this
Agreement. The Central Contra Costa Sanitary District's
membership may continue, notwithstanding the membership of
each of the Cities comprising much of the territory which CCCSD
has historically franchised and which franchise authority Central
Contra Costa Sanitary District has previously delegated to the
Authority. The membership of Orinda, Moraga, Danville and
Lafayette may make appropriate the clarification of potential
respective fiscal issues.
To the extent operating expenses exceed revenues and, as provided
in Article 1, Section E, Member Agencies become responsible for
payment of funds in excess of those funds provided to the
Authority from fees generated through the administration of the
Authority solid waste franchise, then Central Contra Costa Sanitary
District, which currently generates no tonnage, shall be required
to pay a pro rata share equal to one over the total number of
Member Agencies times the total supplemental funding required
for the Authority. The remaining portion of the unfunded
expenses to be assessed against Member Agencies will be assessed
based on total tonnage as required by Article 1, Section E. This
same methodology shall be applied to any liability which would
otherwise be passed through to Member Agencies based solely
upon the proportion of total tonnage under the terms of Article 4,
Section K. (For example, if there are seven Member Agencies
including Central Contra Costa Sanitary District, and operating
expenses exceed the funds generated by $14,000, Central Contra
Costa Sanitary District shall pay one seventh times $14,000, or
$2,000. The remaining $12,000 shall be assessed against the
1 F:\DMS\KLA.DIR\0131201.01
remaining six Member Agencies, based on each of their respective
percentage shares of total tonnage.)
2. All other terms and conditions of the First Amended Joint Exercise of Powers
Agreement shall remain in full force and effect without modification.
PASSED AND ADOPTED by the Central Contra Solid Waste Authority Board of
Directors this 22nd day of February , 1996, by the following vote:
AYES: Members: Bishop, Hicks, Hockett, Rainey, Wolfe
NOES: Members: None
ABSENT: Members: QeSaul i ni er
Gene Wolfe, Chair,
Central Contra Costa Solid Waste
Authority, County of Contra Costa,
State of California
COUNTERSIGNED:
Jo ce E. urphy
S of the Central Contr Solid
Waste Authority, County of Contra Costa,
State of California
APPRO ED AS TO FORM:
CA
Kenton L. Alm
County for the Authority
2 F:\DMS\KLA.DIR\0131201.01