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HomeMy WebLinkAboutMINUTES - 12072004 - C.58 TO: BOARD OF SUPERVISORS % � °i Contra Costa FROM: DENNIS M. BARRY, AICP County COMMUNITY DEVELOPMENT DIRECTOR DATE: December 7, 2004 SUBJECT: REAUTHORIZE DELEGATION OF FRANCHISE AUTHORITY TO CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE Resolution 2004/ 644 re-authorizing the Central Contra Costa Solid Waste Authority (CCCSWA)to administer Solid Waste Collection Agreements and exercise County franchise authority for unincorporated areas within CCCSWA service area. FISCAL IMPACT No impact to the General Fund. BACKGROUND/REASONS FOR RECOMMENDATIONS On August 8, 1995 the County Board of Supervisors adopted Resolution No. 95/688 - Authorizing Central Contra Costa Solid Waste Authority to enter Solid Waste Collection Agreements. The CCCSWA, is a Joint Powers Authority (JPA) consisting of the cities of Danville, Lafayette, Moraga, Orinda and Walnut Creek and the County of Contra Costa 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). With the adoption of Resolution No. 95/688, the County concluded that franchising of solid waste collection on a regional basis within the CCCSWA jurisdictional boundaries would 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. CONTINUED ON ATTACHMENT: X YES SIGNATURE f RECC3MMENDA710N OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT IE z''-APPROV OTHER i SIGNATURES ACTION OF O D ON t , yIaPPROVED AS RECOMMENDED ��, OTHER _ VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND _UNANIMOUS(ABSENT'--y) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Lorna Thomson (925)335-1231 ATTESTED JOHN SWEETE . CLERK OF THt BOARD/'OF cc: Community Development Department SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel BY DEPUTY G:\Conservation\Lorna\CCCSWA\BO-SW FRANCHISING AUTHORITY RES 9-13 draft d.doc December 7, 2004 Reauthorize Delegation of Franchise Authority Page 2 BACKGR©UNDIREASONS FOR RECOMMENDATIONS {Contin t"d Pursuant to Resolution 951638, in August 1995 the CCCSWA,on behalf of the County,entered franchise agreements with Pleasant Hill Bayshore Disposal (PHSD) and Valley Waste Management (VWM) for solid waste collection for the CCCSWA service area. These two agreements and the delegation of authority to CCCSWA are due to expire February 28, 2006. Recently the CCCSWA successfully negotiated three new franchise and recycling service agreements to become effective March 1, 2005. The agreements are: 1) new franchise agreement that continues exclusive franchise between the CCCSWA and PHSD for collection, transfer, transport and disposal of solid waste, and green and food waste; and 2) new franchise agreement that continues exclusive franchise between the CCCSWA and VWM for collection, transfer, transport, recycling, and processing of recyclable materials, green waste and food waste; and 3) new Agreement with Julie Coleman Enterprises, Inc. d.b.a. Pacific Rim Recycling for recycling services. The attached resolution renews the delegation of authority to the CCCSWA for a period of ten years plus two possible one-year extensions, 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 areas within the CCCSWA service area, and therefore authorizes the CCCSWA to enter the above three contract's on the County's behalf. The attached resolution also continues the delegation of authority to the CCCSWA to implement the Source Reduction and Recycling Element and Household Hazardous Waste Element for the County in the unincorporated area within the CCCSWA through the CCCSWA's franchising authority. RESOLUTION NO. 2004l-fA4— RESOLUTION OF THE COUNTY OF CONTRA COSTA AUTHORIZING THE CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY TO EN'T'ER 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:\CoaSexvaEionLLomz`CCCS:VAtCC'CSt%A Wdd PM1.=fOf 2004AK 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(ies) 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 of new 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)V WM 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 G:�adon\L*m\C=WkOCCSWA VMd R—tution for 2004.dx 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 terra 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 terra of the Agreements. 4. This resolution shall tape effect immediately upon its passage. PASSED AND ADOPTED by the Board of Supervisors at a Regular Meeting this7tIL day of2004 by the following vote: 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 they date shown.", ATTESTED: JOHN SWEETEN, Clerk of the B and of supervisors and County Administrator By e r 9�...L Deputy 3 G:<otucry -.-NLo ACCCSWA\CCCSWA Madel Res Mit tar 2004Ax _ _ _ _. . CENTRAL CONTRA COSTS SOLID WASTE AUTHORITY SERVICE . AREA C' zPX�r S01SU11 so rye ' POKr COSTA "f+ SACR{lIfNTO ANEp Rp ChYCAGO <,ear soon cLme sr 4 sr PITTSBURG 4 MARTINEZ CSyY PMKWA 4 p ACi [! CENTER AVE X�PM'LIYC Mwy OON ORO A CONCORD -� LEASAN � o eY HILL CLAYTON ow f file q.• �b 5 S WALNUT Cy� ti gEEiC A i I i AL7 � R(3 Ld Y� DANVILLE. T�iS fRA 'G >� � HIGHLNJp OR a SAN R�AMON 0 3000 10000 20000 30000 FEET C 1 2 1 a b WLES SERVICE AREA INCLUDES THE CITIES/TOWNS OF DANVILLE,LAFAYETTE,MORAGA,ORINDA, WALNUT CREEK AND THE SURROUNDING UNINCORPORATED CENTRAL COUNTY AREAS INCLUDING ALAki AND BLACKHAWK EXCLUDING CANYON DISCLAIMER:This rnop shows generalized boundaries drawn according to Information provided to CCCSD and CCCPWO prior to the published date.Discrepancies should be resolved with the appropriote agency and sent to CCCSD and CCCPWD to be included in the next edition of this map. GES DISCLAIMER:No geographic information system program software was used to produce this map. Published Date :JULY 29,1989 PREPARED R": CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT COMPUTER SERVICES-MAPPING SCIENCES SECTION SLL OLACMR DRIVE scnRrarsz,cAUFDRmA s+sla ;839 CCN,RA COSTA ODliI,