HomeMy WebLinkAboutMINUTES - 04201993 - 1.93 f
West Contra Costa
Integrated Waste Management Authority / 93
One Alvarado Square
San Pablo, California 94806
TEL: (510)215-3125 • FAX: (510)236-1636
April 9, 1993 VIA HAND DELIVERY
Mr. Phil Batchelor RECEIVED
Clerk of the Board of Supervisors
and County Administrator ,PR 9199),
Contra Costa County V
651 Pine St. , 11th Floor, Room 106 Office of
Martinez, CA 94553 niinty Administrstr,
SUBJECT: PROPOSED CONTRACT WITH WEST COUNTY JPA
Dear Mr. Batchelor:
The Board of Directors of the West Contra Costa Integrated Waste
Management Authority (Authority) at its meeting on April 8, 1993 ,
unanimously:
(1) Approved the attached contract and
(2) Respectfully requested that the Board of Supervisors consider
approval of the contract and amendment of Chapter 418-5 of the
County Ordinance Code as soon as practicable to ensure that
this matter does not become an obstacle to the implementation
of needed solid waste facilities in West County.
Please note that the Authority has been advised that a proposal by
Union Bank to provide a letter of credit necessary for financing
the IRRF will expire April 20, 1993 . Delay in resolution of this
matter will jeopardize the proposal by Union Bank.
Negotiations
Negotiations have been underway for nearly 1-1/2 years (since
November 1991) and have been conducted by Authority Board Members
(Purnell, Washington, Ritz) and Supervisor Powers assisted by
County staff (Val Alexeeff) and Authority staff (Bill Davis) .
Negotiations were first directed towards arrangements under which
the County would become a member of the Authority. Agreement on
conceptual arrangements between Supervisor Powers and Directors
Purnell, Washington and Ritz agreed to conceptual arrangements in
late February 1992. These conceptual arrangements were approved by
the Authority Board of Directors on March 12, 1992.
At a meeting of Supervisor Powers and Directors Purnell, Washington
and Ritz on October 15, 1992, Supervisor Powers suggested a
contract between the Authority and the County instead of County
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CC-U4
Reeyded Paper
Mr. Phil Batchelor
April 9, 1993
SUBJECT: PROPOSED CONTRACT WITH WEST COUNTY JPA
membership in the Authority. It was agreed, at that time, that the
conceptual arrangements should be presented to each City Council
and Board of Supervisors for approval.
The conceptual arrangements were discussed at a Study Session of
the Richmond City Council on December 7, 1992 . The City Council
was not scheduled to consider action and did not take any action on
the conceptual arrangements. The following day, the Board of
Supervisors, upon Supervisor Powers motion, selected a contract
between the Authority and the County in lieu of membership in the
Authority.
Relationship to Conceptual
Arrangements
The attached contract, with two exceptions, is in accordance with
those portions of the conceptual arrangement's agreed to by
Supervisor Powers and Directors Purnell, Washington and Ritz that
are not related to County membership in the Authority. Provisions
related to the landfill to be used for disposal of waste have been
modified to reflect the provisions related to export of waste
contained in the agreement between the County and the Contra Costa
Solid Waste Authority as approved by the Board of Supervisors on
March 9, 1993 . The second exception is the provision in the
proposed contract that the Authority would not levy an IRRF
franchise fee.
The portions of the conceptual arrangements related to Host
Mitigation Fees were identified as an unresolved issue in the
conceptual arrangements. The proposed contract, however,
incorporates the concepts described in the conceptual arrangements
and makes the concepts applicable to any area impacted by the
existence and operation of the IRRF and to any Authority Member
City or the County who proposes Mitigation Fees.
Summary
The Authority Board of Directors believes that the proposed
contract:
1. Provides a fair and equitable basis for co•-operation between
the County and the Authority reflecting the fact that 90% of
the materials to be received at the facility will come from
within the cities.
2
Mr. Phil Batchelor
April 9, 1993
SUBJECT: PROPOSED CONTRACT WITH WEST COUNTY JPA
2 . Is consistent with those portions of conceptual arrangements
(excluding items related to Board of Directors seats and
voting arrangements) previously agreed to by Supervisor Powers
and Directors Purnell, Washington and Ritz and approved by the
Authority Board of Directors on March 12, 1992 .
3. Will enable the implementation and financing of the facility
to proceed and the facility to be available prior to closure
of the West Contra Costa Sanitary Landfill.
4 . Provides that the County would retain authority consistent
with the fact that 90% of the materials to be received are not
now subject to County authority.
Specifically, the County would retain land use permitting
authority, public health and safety authority, and collection
franchise authority for the Sanitary District area. The
County's ability to levy Mitigation Fees would be limited. The
County would relinquish authority to surcharge IRRF rates and
to impose solid waste management or diversion requirements
through an IRRF franchise agreement.
I would appreciate the opportunity to meet with you as soon as
possible to discuss the attached contract and the anticipated date
for its consideration by the Board of Supervisors.
Should you have any questions, please let me know.
Sincerely,
Bill Davis
Executive Director
A lMatchelor
Attachment
cc: Members, County Board of Supervisors
Authority Board of Directors & Alternates
West County Mayors
West County City Managers
Val Alexeeff, Manager - GMEDA, Contra Costa County
Rich Granzella, Richmond Sanitary Service
Dennis Varni, Richmond Sanitary Service
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