HomeMy WebLinkAboutRESOLUTIONS - 03091993 - 93-108 IN THE BOARD OF SUPERVISORS
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 Counter )
RESOLUTION NO. 93/103
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 Smiti .isho), McPeak, Torlakson
NOES: Flone
ABSENT: SUp,ervi sor Po1vers
ABSTAIN: (lone
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
',ith day of "larch 1993.
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By: -
Deputy Clerk
939vAbo\MoA-RES RESOLUTION NO. 93/ 108
2 -4
MEMORANDUM OF 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
1993, 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, EI 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 Ironhouse 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 -
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 IT RESOLVED that the County and the Authority do
hereby agree as follows:
- 3 -
SECTION 1 . COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN
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 export agreements to
(1) monitor the location and costs of 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 importing entity shall pay landfill rates at
least as high as those 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.
- 4 -
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 modifications in the CoIWMP on issues where
a) concurrence between the County and cities has been reached;and
b) the requested modification(s) will not jeopardize State approval of
the ColWMP.
1 .4 The County will complete the CoIWMP and seek final approval by the
California Integrated Waste Management Board.
SECTION 2 SOLID WASTE MANAGEMENT PLANNING
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) develop a method for evaluating the number 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. COUNTY MATERIALS DIVERSION ORDINANCE
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 FINANCING
4.1 During 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 -
SIGNATURES. THESE SIGNATURES ATTEST THE PARTIES' AGREEMENT HERETO.
COUNTY OF CONTRA COSTA, CALIFORNIA
By; f 01'I'Z �� lQ�? ^� Date:
Tom Torlakson, Chair
Contra Costa County Board of Supervisors
FORM APPROVED:
VICTOR J. WESTMAN, County Counsel
By:
Lillian Fujii, Deputy unty Counsel
ATTEST:
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By: k
Deputy Clerk
- 8 -
4.2 The County and the Authority agree that funding for the Authority shall
continue to be based 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 SOLID WASTE JOINT POWERS AUTHORITIES
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 (6) months by the County, the
Authority and its member agencies, and the subregional solid waste joint powers
authorities.
- 7 -
CONTRA COSTA SOLID WASTE 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 EI Cerritp
Date:
City of Hercules
Date:
Ironhouse 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:
- 10 -
WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY
By: Date:
Title
ATTEST:
- 11 -
CENTRAL CONTRA COSTA SOLID WASTE MANAGEMENT JOINT POWERS
AUTHORITY
By: Date: _
Title
ATTEST:
LA:gms
939v:MOU-JPA
- 12 -
2 -4
WORK PLAN
TASK #1 - CONCEPTUAL POINTS #6 AND #9
A. (#6) Delineate, 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/organizational/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 subregional jpa's, and other key
staff/policy makers as appropriate.
DELIVERABLE
PRODUCT: Recommendation(s) 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
0
Costa Solid Waste Authority, Countywide AB 939 Task
Force, Public Managers Solid Waste Committee, and AB
939 Project Managers?
- 1 -
939w:DMOU-Wrk.Prg
3. Identify the areas of overlap and/or duplication including
areas where overlap may be needed.
Key areas to be addressed should include --
(a) CoIWMP Monitoring and Revision
(b) SRREs 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.Prg
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 needs 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 -
939w:DMOU-Wrk.Prg
r
TASK #3 - CONCEPTUAL POINT #8
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 action(s) 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. Recommendations) for further action(s) such as use of
consultant to evaluate numbers, locations, sizing, costs of
facilities
- 4 -
939w:DMOU-Wrk.Prg