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HomeMy WebLinkAboutRESOLUTIONS - 01011993 - 1993-108 s - IN THE BOARD OF SU'PERVISO'RS OF CONTRA COSTA COUNTY, CALIFORNIA SUBJECT: A Resolution Ratifying a:Memorandum of ) Agreement and Work Plan for a Solid Waste Partnership between the Contra Costa Solid ) Waste Authority. and Contra Costa County RESOLUTION NO. 93/!J0 The Board of Supervisors of Contra Costa County RESOLVES THAT: WHEREAS, a majority of the cities in Contra Costa County, along with a number of Special Districts which franchise for the collection and disposal of solid waste did jointly create the Contra Costa Solid Waste Authority (hereinafter "Authority") and enter into a Joint Exercise of Powers Agreement; and WHEREAS, those cities and special districts desire to enter into a solid waste planning, coordinating and implementing partnership with Contra Costa County (hereinafter "County")for the betterment of cost effective countywide solid waste management; and WHEREAS, the Authority and County have formulated a 'partnership agreement and work plan which specifies the terms by which the two entities will jointly engage in°solid'waste planning, coordinating and implementing activities; and WHEREAS, it is desirable and appropriate to have that agreement and work plan ratified by all member agencies of the Authority, the Board of Supervisors and the subregional joint powers authorities; THEREFORE, BE IT FURTHER RESOLVED THAT the Contra Costa County Board of Supervisors hereby ratifies the attached Solid Waste Memorandum of Agreement and the Work Plan between the Authority and the 'County. PASSED AND ADOPTED by the following vote of the Board of Supervisors on the '9th day of March, 1993: AYES: Supervisors Smith 3ishop, McPeak, Torl'akson NOES: 14one ASSENT: Supervisor Powers ABSTAIN: ilone I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of the Board of Supervisors on the date aforesaid. Contact: Louise Aiello {510/646-1550)` cc: Community Development Department (CDD) Witness my hand and the Seal of the Board of Supervisors affixed on this 9th day of "arch : , 1993.` Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: : �, ' Deputy Clerk 939vAbo\MoA-RES RESOLUTION NO. 931-108 �4 MEMORANDUMOF AGREEMENT BETWEEN THE CONTRA COSTA SOLID WASTE AUTHORITY AND CONTRA COSTA COUNTY FOR THE ESTABLISHMENT OF AN INTERIM PARTNERSHIP IN THE PLANNING, DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE MANAGEMENT POLICIES AND PROGRAMS This Memorandum of Agreement ("Agreement") is entered into on 1593, by and between the CONTRA COSTA SOLID WASTE AUTHORITY'(hereinafter "Authority"), a public entity Joint Powers Authority and the COUNTY OF CONTRA COSTA (hereinafter "County"), a political subdivision of the State of California. It establishes an interim partnership for the planning, development and implementation of solid waste management policies and programs. RECITALS WHEREAS, the California Integrated Waste Management Act of 1989 ("Act") requires=each'city and each county in the State to divert solid waste from landfills and specifies diversion goals of 25% by January 1, 1995 and 50% by January 1, 2000 .or face administrative penalties of up to $10,000 per day; and - 1 = WHEREAS, the planning, development and implementation of policies and programs aimed at achieving.the State mandated diversion goals may have high short-term costs to local governments and to ratepayers; and WHEREAS, cooperative efforts by cities and counties in the planning, development and implementation of solid waste management policies and programs may assist in reducing costs for and increasing the efficiency of such solid waste management efforts and consequently accommodate the undertaking of more aggressive waste diversion programs; and WHEREAS, the Authority was formed on July 31, 1991, pursuant to the laws of the State of California by the cities of Antioch, Brentwood, Clayton, El Cerrito, Hercules, Lafayette, Martinez, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San' Pablo, San Ramon and Walnut Creek, the Towns of Danville and Moraga, and the Byron, Central Contra Costa, Crockett-Valona and lronhouse Sanitary Districts for the purpose planning, coordinating and implementing solid waste activities county-wide; and WHEREAS, the County, as part of its General Plan, has committed to assuring the development of waste transfer, processing and disposal facilities which meet the highest established environmental standards and providing for cost effective solid waste management practices, and - 2 - . 2 - :.v:. :3.r:: .-3 i 3 ..:NIN::###N Ni'##:NIiN:#NN313NH i#' iN i::.-.'.i Uauu•#p. .... ru305m ONNN#4;##NM13::z.:a3lg1`4...AO #N3HIN#: 3 Nf WHEREAS,the Authority and County seek cooperative approaches to both solid waste management activities and the costs of such activities, resulting in wise and cost effective solid waste management, responsive to solid waste diversion goals and the welfare of the environment: and WHEREAS, representatives of the County' and `Authority have met and developed conceptual points of agreement for cooperative activities between the County and the Authority, attached'as Exhibit A; and WHEREAS, the Board of Supervisors of the County and the Board of Directors of the Authority have concurred by vote with the conceptual points; and WHEREAS, the Authority and the County intend this Agreement to be the framework for solid waste management planning and implementation between the County and the Authority, AGREEMENT NOW, THEREFORE, BE 1T RESOLVED that the County and the Authority do hereby agree as follows 3 ; SECTION 1. J'q -3T , R T Tbd;9AGEMEt9T ELAN 1.1 The County and Authority agree that the Countywide Integrated Waste Management Plan (CoIWMP) will include provisions (a) for export of solid waste (b) for mechanisms within any solid waste exportagreementsto (1) monitor the ,location and costsof disposal, and (2) pass on to the ratepayers any cost savings resulting from lower export rates for disposal. 1.2 County and Authority recognize and agree that if franchising agencies within Contra Costa County export solid waste, agencies outside of Contra Costa may be allowed to dispose of solid waste at Keller Canyon Landfill, and that as a result the County shall have no obligation to provide capacity for jurisdictions which have entered into such export agreements. Any imparting entity shall pay landfill rates at least as high as these charged Contra Costa users, and abide by all the landfill requirements imposed upon Contra Costa users. County and Authority will comply . with all applicable laws, including the Interstate Commerce Clause of the U.S. 11. ... di_.__!i :ii:NNaNN 3::e'•Fe ':.NNN .....Ni vur:.;.....:n»-.a:.n;:....;;.em: .:..:� :. ... .... ....-.. .. ...: _..... .... .....-_... .. .. ..-.. ... X1.....311;....NNN.:.x IN;.:.::::G�i...vPi.....;....r. ..r ......;..... ... ..... ... .... �... ....-... .... .... ... ..._.. ..... H____,i.i MI E:.x.1IiX;. 1111 -..I,i:.:: f i,iY..,..,. ....1 NNIf::.=3,3 f 31,11 .;.i 13 Nr ii(g N:ryliiN 1 Y•••31g1 3i.1� �Nii13.. 3193 Iilil'...a ilii 3N i uu'3NiY iN13 �:N�iY 31116 .;N,13::: iliiY NINA�:-:�Iigi :ryip: Constitution, the Land Use Permit #2020-89, Conditions of Approval #5.2 and #9.3, and the daily tonnage limitations in the applicable Solid Waste Facilities Permit. 1.3 The County will respond to all comments on the CoIWMP from the cities and will include modificationsin the CoIWMP on issues where a) concurrence between the County and cities has been reached,and b) the requested modificationts) will not jeopardize State approval of the CoIWMP. 1.4 The County will complete the CoIWMP and seek, final approval by the California integrated Waste Management Board, SECTION 2 SQLID WASTEA EM N PLANN)Nra 2.1 Within six'months from enactment of this Agreement by the County and by the Authority, the County and Authority, together with the subregional solid waste joint powers authorities,'will (a) delineate their respective roles, functions and responsibilities for solid waste management, and>, � 5 (b) devet°up a method for evaluating,the nurihu1er and .cost of transfer stations and suggest criteria to assure the most cost effective and efficient system for agencies as well as for ratepayers. 2,2 Within six months from enactment of this Agreement by the County and by the Authority, the County and the Authority will develop a model solid waste collection franchise agreement and a rate review model. SECTION 3. CQUNTY MATEI RIAU DIVEBSI ',}N.QRDIN.4AN;,QE 3.1 The Authority and its member agencies acknowledge the right of the County to enact the Materials diversion Ordinance and the County will review comments from the cities regarding the Ordinance and use these comments to modify or amend the Ordinance with six months of enactment of this Agreement by the County and by the Authority. SECTION 4. STAFF RESOURCES AND FINAUCI.NG 4.1 Luring the six months following enactment of this Agreement by the County and by the Authority, the County and the Authority will discuss staff resources and financing. - 6 rnu,:-.:.-:a:w..:.-_a:ute..:.-.JINax,..yiNi,::::.a ROM, !G'NATURES. THESE St NATURES ATTEST THE PARTIES' AGREEMENT HERETO. CQQL47TY OF CONTRA COSTA, CALIF© NIA, By: Jon bliz Tom Torlakson, Chair Contra Costa County Board of Supervisors FORM A'PPRO'VED; VICTOR J. WESTMAN, County Counsel By Lillian Fujii, Deputy unty Counsel ATTEST. Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy Clerk _ 8 - 4.2 The Count,.,,..,,and the Authority agree that fufor the Authority shall continue to be bused on population and paid by each member agency either directly or via a tipping fee which may be levied, pursuant to the Act, by the County or other appropriate entity at transfer station(s) or landfill{s} The levying of a tipping fee to fund the Authority shall require the request of a majority of the public;franchising agencies using the transfer station or landfill and shall apply only to those agencies which are members of the Authority. SECTION 5. SUBREGIONAL SOLIDT INAUTHORITIES 5.1 Nothing herein is intended to be in conflict with any agreement currently being negotiated by the County, any subregional joint powers authority, or any individual franchising agency. Furthermore, subregional joint powers authorities will be consulted on a regular basis during the course of negotiations between the Authority and the County. SECTION 6. TERM OF AGREEMENT 6.1 The County and Authority agree to work together on solid waste management issues for a period of three (3) years, renewable for five (5) years following review and affirmation at the end of six M months by the County, the Authority and its member agencies, and the subregional solid waste joint powers authorities. _ 7 ..:.3.x..:x .,.. . .,-...- ...., .-.:: .:..- .. .. ..�� .... ins nx�?..:xip n.Nrx•x.iln� xNNfii:.-sx�INts .iryE'.:s.:�nxx.:xnryP �::xrnifF..r:"IyMs CONTRA COSTA SOLiD.�.�ASTE AUTHORITY MEMBERS BY: Date: City of Antioch Date: City of Brentwood Date Byron Sanitary District Date: Central Contra Costa Sanitary District Date: City of Clayton Date: Crockett'-Valona Sanitary District Date: Town of Danville Date: City of El Cerrito Date. City of Hercules Date.' lronhouse Sanitary District - 9 - Date: City of Lafayette Date: City of Martinez Date: Town of Moraga Date: City of Orinda Date: City of Pinole Date: City of Pleasant Hill Date City of Richmond Date: City of San Pablo Date: City,of San Ramon Date. City of Walnut Creek ATTEST: 1p 1 .. .:3:EN:?:? I::xN:x:N: xueNN+Nx::uNi E:.u.ex:Nil::x:;x i '2:t:0i6'a::x i s::N iNN'^aawirtr...:flErySt.auuY:l::a:e-ii pN N 1x:3 :3 'v21ti1 :".."N: '3 :NNNx '-_-3N.i;t. 37YN};�.aMpEN;:•:xYNi!• t11IXt Nii�' ;YID,. .3NlYI X.Y3€ W,.Y.::N:j[� 13YI .3 fl. I. 3Y1:. ..... N.: ....� ..,...31N!P': 3.3.. ANN 7AA :'}SN,:3Y" '��Z;5''}�". `N,1jYxx+�N�N � WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY By. Date: Title ATTEST: CENTRAL. CONTRA CC?STA SOLID WASTE MANAGEMENT JOINT 'POWERS AUTHORITY' 6Y: Date, Title ATTEST: LA:gms 939v:M0U-JPA -----.............. _ ose.;,;u3m,:ss,X+uuu'.•�xsi --XNX_iXX3 :N:: rias .:X:NNI 3N3:N3i i i'a.•;li,U^^°91+!N'�+'3XpirsNNNNN:::::N3p!!' -iN :X11!Kxa::e3lPtt:'^+`iNNx"9+133'�:x::341q^Nt'33N X::s;tNl4Ysexs+i:t:'3131iffN++N3l+ii+=r+,n3tl!43^^+°3 Xi3:saax 131':3E3+NiPi::aia3X3i::?xe3. 13::3E:31XX:;:€a NNr]4 1.€si3 :NNNr 7 N1XX€__NXi4? .� .I,I.;..... '3 WORK PLAN TASK #1 - CONCEPTUAL POINTS #6 AND #9 A. (#6) Delineates in cooperation with sub-regional solid waste joint powers authorities, roles and responsibilities for solid waste management. B. (#9) Discuss Staff resources and financing, STEERING COMMITTEE Don Blubaugh (Central); Dave Rowlands (East); Bill Davis (West); Val Alexeeff (County) with Avon Wilson and Louise Aiello STAFF Avon Wilson and Louise Aiello PROCESS: Two workshops using staff preparatory work to focus on key policy/orga:nizatonal/financing matters First workshop would be held in late June Final workshop would be held in September Workshops would include Authority Board Members, Board of Supervisors, members/staff from subregionsl jpa's, and other key staff/policy makers as appropriate. DELIVERABLE PRODUCT: Recommendations) for one or more organizational structure(s) and financing/staffing delineating roles, authority, responsibilities STAFF PREPARATORY WORK 1. What are the current requirements of State law? How does current law delineate roles, responsibilities, authority? 2. What are the defined purposes, goals, activities related to solid waste for the County,cities, subregional jpa's, Contra Costa Solid Waste Authority, Countywide AB 939 Task Force, Public Managers Solid Waste Committee, and AB 939 Project Managers? - 1 - 838w:DMOU-Wrk.Prq 3. Identify the areas of overlap and/or duplication including areas where overlap may be needed. Key areas to be addressedshould include -- (a) CoI MP Monitoring;and Revision (b) SRR'Es and HHWEs update, revision, implementation (c) NDFEs and facilities development and operations 4. What are current funding sources and 'levels for the organizations and programs identified in #2 above? 5 What mechanisms are available for funding?' WORKSHOP FOCUS: Review #1, 2, 3, 4, and 5 Answer the following: 1 Identify ways to streamline the different aspects of solid waste management to eliminate or reduce overlap/ duplication. In what ways could public agencies and private sector work to streamline, reduce costs, work together more effectively? 2. In what ways can independent/individual jurisdiction decisions making be provided for while building an interdependent and cooperative solid waste management organizational structure? 3. How can cost savings to member agencies or to rate payers result from restructuring how activities are handled and/or under what organization activities are handled? 4. What is the best structure to organize solid waste activities in an efficient, responsive manner in Contra Costa County? 5. Based upon #4, what staffing and funding levels are necessary? - 2 - 939w:DMOU-Wrk.Prq TASK #2 - CONCEPTUAL POINT #7 Develop a model waste collection franchise and a rate review model. STEERING COMMITTEE: Don Blubaugh (Central); Dave Rowlands (East); Bill Davis (West); Val Alexeeff (County) with Avon Wilson and Louise Aiello STAFF COMMITTEE: Key rate setting personnel from a cross-section of franchising agencies-- Walnut Creek, County, Central Contra Costa Sanitary District, Antioch, and Concord or Brentwood PROCESS: Staff Committee will prepare two reports for review with the Steering Committee; the reports will be submitted to the Authority and County by August 30 for consideration/recommendation to franchising agencies DELIVERABLE PRODUCT: Report which identifies key public agency considerations and provisions for solid waste franchises Report which identifies public agency considerations and key components in solid waste rate setting Reports should be consistent internally and with each other INFORMATION TO BE 'INCLUDED IN 'REPORTS: 1. Identify issues which the public sector need's to know/ address in framing a franchise 2. Identify issues which the public sector needs to know/ address in setting rates 3. Identify all component parts of costs and related reasons (justifications) for costs 4. Compare various approaches/models to consider in setting rates - 3 - 838w.DMQU-Wrk.Prg ........................ TASK #3CONCEPTUAL P INT #g. Develop, in cooperation with the subregional solid waste authorities, a method for evaluating the number and costs of transfer stations proposed and suggest criteria' PROCESS Prepare a preliminary report by May 15, 1993 STEERING COMMITTEE': Expand Steering Committee comprised of Don Blubaugh;(Central); Dave Rowlands (East); Bill Davis,, (West); Val Alexeeff' (County) with Avon Wilson and Louise Aiello, to include other key public agency representatives handling transfer station development DELIVERABLE PRODUCT: Preliminary Report which addresses the appropriate combination of local government and private sector responsibility/authority for transfer and material recovery facilities including recommendation for further-actions) by the County, Authority, subregional jpa's with regard to criteria for the numbers and costs of transfer/material, recovery facilities INFORMATION TO BE INCLUDED IN REPORT: 1 . Identify concerns of cities, county, jpa's 2. Consider AB 3001 3. Identify number of proposed facilities and related costs 4. Consider market place impacts on numbers/costs 5. Identify ways to encourage cooperation and/or reduce costs 6. Recommendation(s) for further action(s) such as use of consultant to evaluate numbers, locations, sizing, costs of facilities' i4 _ 939w-DMOU-Wrk.Prp