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Home My WebLink AboutMINUTES - 12072004 - 2004 RES 664 RESOLUTION NO. 2004/_644_ RESOLUTION OF THE COUNTY OF CONTRA COSTA AUTHORIZING THE CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY TO ENTER INTO SOLID WASTE COLLECTION AGREEMENTS FOR SERVICE 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 jurisdictions; and WHEREAS, AB 939 directed cities and counties, among other public agencies,to develop and implement Source Reduction and Recycling Elements (hereinafter "SRRE") and Household Hazardous Waste Elements (hereinafter"HHWE"); and WHEREAS,Contra Costa County(hereinafter"County")has concluded that franchising of solid waste collection and implementing SRRE and HHWE on a regional basis consolidates coordination and planning of such collection,transfer,transport,processing,and disposal activities, maximizing the ratepayers'market power while providing for economies of scale,thus benefiting the citizens of the County; and WHEREAS,the Central Contra Costa Solid Waste Authority(hereinafter"CCCSWA")is a joint powers agency formed pursuant to Government Code §6500 et seq.and currently is comprised of member agencies that include the Cities of Danville, Lafayette, Moraga, Orinda and Walnut Creek, and Contra Costa County (for the unincorporated areas of Alamo, Blackhawk, Diablo, Tassajara, and most unincorporated areas in and around the above mentioned cities, excluding Canyon(see map, EXHIBIT A); and WHEREAS, a joint powers agency, as a separate public entity, may exercise those powers commonly held by its representative 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 G:\Cana--6-\L0..'C0CSWA\CCCSWA Modci Rcsotutim for 1004.do Joint Powers Agreement, as amended, has the authority to contract for the collection, transfer, transport, processing and disposal of solid waste generated within jurisdictional boundaries of its members agencies and for the performance of other services related to meeting AB 939 diversion goals of fifty percent(50%)by the year 2000 and beyond, and other requirements; and WHEREAS, pursuant to California Public Resources Code §40059(a)(1) the CCCSWA Board of Directors has determined that public health,safety and well-being require that an exclusive franchise be awarded to a qualified company(ics) for the collection,transfer,transport,processing and disposal of solid waste and other services related to meeting the requirements of AB 939; and WHEREAS,the CCCSWA Board of Directors finds that solid waste services can most cost- effectively be carried out on a multi jurisdictional basis; and WHEREAS, the CCCSWA pursuant to Resolution Nos. 95-2 and 95-3, entered into Agreements between the CCCSWA and Allied Waste Industries,Inc.d.b.a.Pleasant Hill Bayshore Disposal (hereinafter"PHBD")(formerly BFI)for Solid Waste Collection,Transfer,and Disposal and Valley Waste Management (hereinafter"VWM") for Recycling and Green Waste Collection, Processing, and Marketing Services dated September 14, 1995 (collectively "Franchise Agreements")that currently expire on February 28, 2006; and WHEREAS,the CCCSWA successfully negotiated terms ofnew Franchise Agreements and Recycling Services Agreement effective March 1, 2005; and WHEREAS,on June 24,2004,the CCCSWA Board executed 1)new Franchise Agreements that continue exclusive franchises between the CCCSWA and a) PHBD for collection, transfer, transport and disposal of solid waste,and green and food waste and b)VWM for collection,transfer, transport,recycling,and processing of recyclable materials,green waste and food waste and 2)a new Agreement with Julie Coleman Enterprises,Inc.d.b.a.Pacific Rim Recycling for recycling services; and 2 Gs kCoe ena6mNLoma\CCCS3k+kV%CCCSWA Yodd Rm :ben for 20044 WHEREAS,the County desires to continue delegating its solid waste collection franchising authority to CCCSWA. NOW, THEREFORE, the Board of Supervisors resolves as follows: 1. The County continues delegation of its authority to CCCSWA to enter into service agreements concerning transfer, transport, processing, disposal and reuse of solid waste, recyclables, green waste and food waste collection for the unincorporated County areas within the CCCSWA service area; and 2. The County continues to delegate its authority to CCCSWA to implement the SRREs and HHWEs for the unincorporated County areas within the CCCSWA through the CCCSWA franchising authority; and 3. Said delegation of authority from the County as set forth in(1)and(2)above is for a ten(10)year term beginning March 1,2005 plus two possible one-year extensions of the above Franchise Agreements and is subject to the limitations that said delegation is conditioned upon the County reserving the right to withdraw at any time, for any reason, the delegation of authority. However, in doing so, the County agrees to administer the Franchise Agreements and Recycling Services Agreement as . negotiated for the term of the Agreements. 4, This resolution shall take effect immediately upon its passage. PASSED AND ADOPTED by the Board of Supervisors at a Regular Meeting thisZh day_ of , 2004 by the following vote: 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; f '.. •z JOHN SWEETEN, C€erk of the Board of supervisors and County Administrator fi 1 By Deputy G:1Cuserva4iooumna�CCCSWA.CCCSW,0.Mod8 fte Imim for 2004.dw _. _ _.. .... CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY SERVICE AREA C,y py SUISUN BAY Pon Co6Tn SAC,gAUEA7o RNER C�ACAGO ��✓'�-- c� t VIP��Dt1 P BAY POWay CLYDE ST O,p C 8 4 sr PITTSBURG 4 MARTINEZ � 4 PDRKWA r �CH CEN` ECa HrPaYCHG AVE Pxwr� a0av� CONCORD LEASA + �� v HILL �F R � o CLAYTON �s Y ow gr F jJ ;�REEI4 ntu�o Y� Y RA • 0 �i Y DANVILL.E T C HIGHLAND DR `USAN R�AMON 0 5000 10000 20000 30000 FEET 0 I 2 3 4 S ARLES SERVICE AREA INCLUDES THE CITIES/TOWNS OF DANVILLE,LAFAYETTE,MORAGA,ORiNDA, WALNUT CREEK AND THE SURROUNDING UNINCORPORATED CENTRAL COUNTY AREAS INCLUDING ALAMO AND BLACKHAWK EXCLUDING CANYON DISCLAIMER:This map shows generoiized boundaries drown according to information provided to CCCSD and CCCPWD prior to the published dote.Discrepancies should be resolved with the oppropriate agency and sent to CCCSD and CCCPWD to be Included in the next edition of this map. GIS DISCLAMER;No geogrcphic information system program software was used to produce this map. Published Date :jULY 29,1999 PR8PAR8L 8787: CONTRA COSTA COUNTY PUBLIC WORKS DEPARTlIMENT COMPUTER SERVICES-MAPPING SCIENCES SECTION 568 a-CUR Dkt- AARVNB CALWORNIA vim •�s 1999 CONTRA COSTA COL.`