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HomeMy WebLinkAboutMINUTES - 03091993 - 2.2 2.2 TO: BOARD OF SUPERVISORS `' Contra Costa FROM: VAL ALEXEEFF, DIRECTOR GMEDA _ ` DATE: MARCH 9, 1993 County SUBJECT: AMENDMENTS TO THE AGREEMENT FOR THE EAST CONTRA COSTA COMMUNITY COLLECTION CENTER (ECCCC) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept staff recommendations to amend the ECCCC agreements as specified in items two and three of this Board Order, to incorporate conditions suggested jointly by Delta Diablo Sanitation District, the cities of Pittsburg and Antioch, and the County. 2 . The Enabling Agreement (Agreement of 26 June 1991) is amended as follows: A. Amend Section 405 Revenue Bonds (p. 15) to read as follows: Revenue Bonds and Other Financing Upon at least 45-days' written notice to all other parties to this Agreement, the District may issue revenue bonds, certificates of participation, and other evidences of indebtedness allowed by law, and exercise other powers and duties as provided on Government Code section 6540 et seq. and other applicable laws. B. Amend Section 504 .A. 1. to read in part as follows: 1) When bonds or other evidences of indebtedness have been issued, until all such bonds and other evidence of indebtedness are paid, a party may not withdraw. . . . CONTINUED ON ATTACHMENT: xx YES SIGNATURE V ,_�A_jc^j ACTION OF BOARD ON q.. / 9 9.3 APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT Z 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. Contact: Vicki Conklin (510/646-4194) ATTESTED 9, / 9 y3 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF County Administrator THE BOARD OF SUPERVISORS County Counsel (S. Marchesi) AND COUNTY ADMINISTRATOR GMEDA Cities of Antioch & Pittsburg (via CDD) Delta-Diablo Sanitation Dist. (via CDD) BY , DEPUTY VC:gms ec3\bo\EC4-Amnd.Agr Amendment to the Agreement for the ECCCC Continued - Page Two C. Amend Section 504.A. by adding paragraph 3 (on page 17) to read as follows: 1) When bonds or other evidences of indebtedness have not yet been issued, a party may withdraw from this agreement, in its sole discretion, upon 30-days' written notice to all the other parties to the agreement. Each party agrees that if it withdraws from the agreement under this paragraph, it shall pay its fair share of costs of planning, designing, approving, and establishing the transfer station incurred by the District before the date of such partys' 30-day notice. A party's fair share shall be equivalent to that party's estimated share of the estimated waste stream to be received by the transfer station. Each of the parties reserves its position as to each party's obligations relating to District expenditures made in connection with the transfer station made before the date this paragraph was added to the agreement. 3 . The Operatinci Agreement (The MOU, dated 13 May 1992) is amended as follows: A. Amend Article 6 by adding Section 606, to read as follows: 606. Withdrawal. Any party may withdraw from this agreement in the same manner and under the same circumstances as set forth in Section 504 of the Enabling Agreement. B. Amend the MOU as follows to reflect housekeeping language, as attached. FISCAL IMPACT No direct fiscal impact. BACKGROUND/REASONS FOR RECOMMENDATIONS On February 1, 1993, the City of Pittsburg acted to terminate the City's participation in the Enabling Agreement and Operating Memorandum of Understanding for the East County Community Collection Center (ECCCC) . This action provided for continuing participation if the Agreement were amended no later than March 1, 1993 (later extended to March 15, 1993) . Staff representing Delta Diablo Sanitation District, the Cities of Pittsburg and Antioch, and Contra Costa County agree that it is preferable if the City of Pittsburg continue its participation in the Enabling Agreement and Memorandum of Understanding for the ECCCC and are in agreement to the recommended amendments. The concerned agencies have each agreed to consider these amendments and their respective staff recommendations for approval. VC:gms cc3\bo\EC4-Amnd.Agr EST COUNTY COMMUNITY COLLECTION CENTER FIRST AMENDMENT TO AGREEMENT BEWIEEN DELTA DIABLO SANITATION DISTRICT AND THE CITY OF ANTIOCH, THE CITY OF PITTSBURG AND THE COUNTY OF CONTRA COSTA FIRST AMENDMENT TO AGREEMENT 1. Effective Date and Parties. Effective on March 15, 1993 , the DELTA DIABLO SANITATION DISTRICT, a municipal corporation ("District"), the CITY OF ANTIOCH, a municipal corporation ("Antioch"), the CITY OF PITTSBURG, a municipal corporation ("Pittsburg"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), mutually agree as follows: 2. PuWse. The parties desire to amend the "Agreement Between Delta Diablo Sanitation District and The City of Antioch, The City of Pittsburg, and The County of Contra Costa," entered. into on June 26, 1991. 3. Amendments. A. Section 405 Revenue Bonds is amended to read as follows: Revenue Bolds and Other Financing Upon at least 45-days' written notice to all other parties to this Agreement, the District may issue revenue bonds, certificates of participation, and other evidences of indebtedness allowed by law, and exercise other powers and duties as provided in Government Code section 6540 et seq. and other applicable laws. B. The first paragraph of Section 504.A.1. is amended to read as follows: 1. When bonds or other evidences of indebtedness have been issued, until all such bonds and other evidence of indebtedness are paid, a party may not withdraw from the agreement unless the Board determines by majority vote, absent the participation of the representative of the withdrawing agency, that as of the effective date of withdrawal the District will have a waste stream sufficient to meet all obligations outstanding as of the effective date of withdrawal, and to ensure that all operations of the transfer station will not be adversely affected to a material extent by the withdrawal of the withdrawing member. C. Section 504.A. is amended by adding the following paragraph: 3. When bonds or other evidences of indebtedness have not yet been issued, a party may withdraw from this agreement, in its sole discretion, upon 30-days' written notice to all the 1 other parties to the agreement. Each party agrees that if it withdraws from the agreement under this paragraph, it shall pay its fair share of costs of planning, designing, approving, and establishing the transfer station incurred by the District before the date of such party's 30-day notice. A party's fair share shall be equivalent to that party's estimated share of the estimated waste stream to be received by the transfer station. Each of the parties reserves its position as to each party's obligations relating to District expenditures made in connection with the transfer station before the date this paragraph was added to the agreement. 4. Effect. Except for the amendments agreed to herein, the Agreement of June 26, 1991 remains in full force and effect. DELTA DIABLO SANITATION CITY OF ANTIOCH DISTRICT By By— Chairperson Mayor ATTEST: ATTEST: Secre City Clerk CITY OF PITTSBURG COUNTY OF CONTRA COSTA �� �---F l Agak, By •;� By / Mayor Chairperson ATTES4tyy �' ATTEST: PHIL BATCHELOR, Clerk of Clerk the Board of Supervisors and County Administrator By 0 Deputj 2 APPROVED AS TO FORM: DELTA DIABLO SANITATION CITY OF PITTSBURG DISTRICT District Counsel City Attorney CITY OF ANTIOCH COUNTY OF CONTRA COSTA Victor J. Westman, County Counsel By B t�CL�-4 City Attorney 3 EAST COUNTY CONB'IUNITY COLLECTION CENTER FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN DELTA DIABLO SANITATION DISTRICT AND THE CITIES OF ANTIOCH AND PITTSBURG AND THE COUNTY OF CONTRA COSTA FOR OPERATION OF A SOLID WASTE TRANSFER STATION AND RESOURCE RECOVERY FACILITY FIRST AMENDMENT TO AGREEMENT 1. Effective Date and Parties. Effective on March 15, 1993 , the DELTA DIABLO SANITATION DISTRICT, a municipal corporation ("District"), the CITY OF ANTIOCH, a municipal corporation ("Antioch"), the CITY OF PITTSBURG, a municipal corporation ("Pittsburg"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), mutually agree as follows: 2. se. The parties desire to amend the "Memorandum of Understanding Between Delta Diablo Sanitation District and The Cities of Antioch and Pittsburg and The County of Contra Costa for Operation of a Solid Waste Transfer Station and Resource Recovery Facility," entered into on May 13, 1992. 3. Amendments. A. The first sentence of Recital 2 is amended to read as follows: "That agreement (the "enabling agreement") sets forth the general authority and obligations of the District and specifies certain duties and responsibilities of the parties." B. Section 606 is added to the agreement, to read as follows: 606 VVithdrawai. Any party may withdraw from this agreement in the same manner and under the same circumstances as set forth in Section 504 of the Enabling Agreement. C. Section 604 is amended to include the following addresses: David D. Rowlands, Jr. City Manager City of Antioch City Hall, P. O. Box 130 Antioch, CA 94509-0504 Tony Donato City Manager City of Pittsburg P. O. Box 1518 Pittsburg, CA 94565 1 4, Effect. Except for the amendments agreed to herein, the Agreement of May 13, 1992 remains in full force and effect. DELTA DIABLO SANITATION CITY OF PITTSBURG DISTRICT By /rix /en-IS By f Chairperson Mayor ATTES A 0 S City Clerk CITY OF ANTIOCH COUNTY OF CONTRA COSTA By By ffill Mayor Chairperson ATTEST: ' ATTEST: PHIL BATCHELOR, Clerk of City Clerk the Board of Supervisors and County Administrator By Deputy' v, 2 r APPROVED AS TO FORM: DELTA DIABLO SANITATION CITY OF PITTSBURG DISTRICT -J�Lt2�� � 0"- — District Counsel City Attorney CITY OF ANTIOCH COUNTY OF CONTRA COSTA Victor J. Westman, County Counsel r By vQ City Attorney 3 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: April 1, 1993 FILE: R-62B TO: Phil Batchelor County Administrator FROM: Harvey E. Bragdon, Director of Community Development By: Ray Valone, Senior Planner nW SUBJECT: FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN DELTA DIABLO SANITATION DISTRICT AND CITIES OF ANTIOCH AND PITTSBURG AND THE COUNTY ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ On March 9, 1993, the Board approved the first amendment to the "Memorandum of Understanding Between Delta Diablo Sanitation District and The Cities of Antioch and Pittsburg and The County of Contra Costa for Operation of a Solid Waste Transfer Station and Resource Recovery Facility". The District sent the amendment to our department requesting Victor Westman and your signatures. I am hereby forwarding this transmittal to you. dsta t,. RECEIVED 1(' , 01199 Office of ^r'�'YI Adrninistr?` 3 Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT: 2500 PITTSBURG-ANTIOCH HIgt1WAY,AN H, CA 9450J` TELEPHONE: (510) 778-4040 ADMIN. FAX: (510) 778-8513 ENGR. FAX: (510)\ 6 - FAX: (510) 778-8565 I% e TO: ,. Mr. Charles Zahn _.. ............ SUBJECT: __Eas...f my C6 unity Collection ...... Contra Costa County Community Develop. Center, ect No. 90.9034 .... _ ..... .... .. ......... ... ...... .._ 651 Pine Street, North..Wng . .... ........ ........ _... ........... ....,.. ........ ......... ....... ..._.. ....... ......... ...._. ........ ...._.. ............ .................... ..._... ....................... ............ ...._... ............. .............. ........... _...... ........ ........ ........ ...__. ...... ......_ Martinez, CA 94553 WE ARE SENDING: ATTACHED ❑ UNDER SEPARATE COVERx❑ VIA U. S. Mail ❑ LETTERS ❑ DRAWINGS ❑ OTHER .._... ......... .......... __......_........ ...... .. ........... ....._..... .._..... ............ ..__....._....... .................._.. ........... ............... I] CONTRACTS ❑ SPECIFICATIONS ........ ........_....._................. ............._........... ............ - .. ........ ......... ... ......... ........... ..__.. ......... ........ ...._.. ......_............. ...... .. ❑ PLANS ❑ CHANGE ORDERS ..... .... El PRINTS El PROGRESS PAYMENTS _._... .. ............ ............ ...__. ........................-- .._.:............ ....__.._..._... ...._... ......... ....._. ... THESE ARE BEING SENT: ❑ PER YOUR REQUEST ❑ RESUBMIT COPIES FOR APPROVAL ❑ FOR YOUR INFORMATION ❑ APPROVED AS NOTED ❑ SUBMIT COPIES FOR DISTRIBUTION ❑ FOR YOUR REVIEW/COMMENTS ❑ APPROVED AS CHANGED ❑ SUBMIT COPIES FOR ❑ FOR YOUR APPROVAL ❑ REJECTED AS NOTED ❑ FOR YOUR SIGNATURE ❑ RETURNED FOR CORRECTIONS ❑ OTHER ....._... .___...__.......__....__.... ................... ...................._.................. ....... ..... ._.._. . ❑ APPROVED AS SUBMITTED ❑ RETURNED FOR MORE INFORMATION ___...._.. .__ ._..._. ......... ....... .......... ....... ............................ ........ ............. ................ COMMENTS:... ......... .Please have Mr. Batchelor and Mr. Westman sign the attached amendments and return them to us. We will return certified copies. ........ ................ ......_ ........ ._. ......... ....... ...... ..... ....... ...... ....... .... _. ._.. ....... ..... ...... ..... ........ ....... ....... ..... ....._. ._......_. ..__.. ........ ....... ........ ......... ............_.... __. .. .. .._.. ................... ........ ...... ....... _... ..._. __.................................. ..... ...... ...... ............ ..................... ...... .._... ........ ......... ............. ....... ....... ........ ..... ....._ ..._ .__.. _..... ....... ...... ........ .... ....... ..... _... ...__. ...... ..._ ..... ....... ..... .... .... _ ...._. ........ ........ ........... ....... ...... .... ....... ..... ..... ...... ....... ..._... .__.. ........ ........ ...... ........ ....... .......................... .............._ ..._.._ ._............ ....... ...... ....... ........ ........ ....._. ... ....... ....... ....... ....... ...... .... ....... ...... .... .... ....... ._... ......_. ..... .... ..... ...... ...... .... ..... ..... ....... ..._ ..... ...... .. -... ._.. .... ...... .... ..... ..... ....... ....... ....... ...... ...... ..__. ........ ..... .....I. ... .. ................................._........_. .._......_.. ._..... ........ ........._.. ......... ... . ..... ..... .... .............._. ...._. ...... ...... . .... ...... ....... ........ ........ ............ ....... .... ...... ...... ...... ...... ....... ..... .._.. ....... ._.. ......... ...... ........ ... ....I... ......_ _......................... ........ ....... ....... .... ...... ......... ...... ..... ..... .... ...... ....................... ...... ...... ..........._. ....._. .._... ....._ ....... ....... .... ........ ....... ........ .... .. _..._..._. ..._.. ........ ...... ........ ....... ..... ....... ... ... .... . ....... ..... ...... ...... ....... ..... ..... ....... .._.. ...... ....... ...... ........ ..... ...... ..... ...._. _.._. ....... ........ ...... ....... ........ ........ ...... ........ ...... ...... ...... ..... ...... ....... .......... ......... ................... ...- .... ....... ...... ..... ...... ..... .... ....... ....... ......... ...... ...... .... .... ...... ..... .... ..... ...... .... ...... .......... ..._. ._... ..... ....... .... ......... ... ....... .... ....... _..... ._. ....... ._........... ...... ..... ....... ..... ....... ....... ....... ... .................. ........ ...... ........ .............. ....... ._.. ..._.. .._.... .__... ._......... ..... ......... _......_.. ............_. ....... ......... .......... ....... ._... ..... ................ _...... .......... ............... .................. . ...... .._.... ....... ....... ...... ,....... ...._ ...... ....... __... ..__.. .._ DATE: TITLE. SIGNATURESaw March 29, 1993 Associate Engineer I�G' egory G. Baatrup it I� A political subdivision of the State of California.Provides Wastewater Treatment services to the citizens of Antioch,Pittsburg,and West Pittsburg.