HomeMy WebLinkAbout177-95RESOLUTION NO. 177-95 AUTHORIZING CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY TO ENTER 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 Sections 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 jurisdiction; and WHEREAS, Central Contra Costa Sanitary District (hereinafter "CCCSD"), pursuant to its enabling act, and as otherwise provided for in Public Resources Code Sections 40000 et seq., has historically provided for the collection, transfer and disposal of solid waste generated within certain portions of its jurisdictional boundaries including those areas within the jurisdictional boundaries of the Town of Danville, as well as the as the cities of Orinda, Lafayette and Moraga, and the unincorporated areas adjacent to Walnut Creek through issuance of exclusive collection franchises; and WHERF~S, Central Contra Costa Sanitary District has entered into certain Memoranda of Understanding with the Town of Danville and the cities of Orinda, Lafayette and Moraga with respect to AB 939 activities during the current franchise term; and WHEREAS, Central Contra Costa Solid Waste Authority (hereinafter "CCCSWA") is a joint powers agency formed pursuant to Government Code Section 6500, et seq. and currently is comprised of member agencies of the Cities of Walnut Creek, Orinda and CCCSD and the County of Contra Costa; and WHEREAS, a joint powers agency, as a separate public entity, may exercise those powers commonly held by its respective 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 Joint Powers Agreement, as it is to be amended, will have the authority to contract for the collection, transfer and disposal of solid waste generated within jurisdictional boundaries of its member agencies; and WHEREAS, the Town of Danville, pursuant to Public Resource Code Section 49300 and preexisting laws, also has authority to provide for the collection, transfer and disposal of solid waste generated within its town limits through issuance of exclusive collection franchises; and WHEREAS, the Central Contra Costa Sanitary District's current solid waste franchise agreement for the Town of Danville expires on February 29, 1996; and WHEREAS, the Town of Danville has concluded that franchising of solid waste collection on a regional basis within the CCCSWA jurisdictional boundaries will 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 benefitting the public served by CCCSWA, including the citizens of Danville; and WHEREAS, AB 939 has authorized and directed cities, among other public agencies, to develop and implement plans with respect to the Source Reduction and Recycling Elements and Household Hazardous Waste Elements as specified therein; and WHEREAS, the Town of Danville has concluded that implementation of these Source Reduction and Recycling Elements and Household Hazardous Waste Elements can be accomplished most efficiently through use of CCCSWA to administer and coordinate implementation on a regional basis; and WHEREAS, the Town of Danville has adopted Resolution No. 176-95 requesting membership in the Central Contra Costa Solid Waste Authority; and WHEREAS, franchise agreements have been prepared by the CCCSWA for use in entering into franchises between CCCSWA and Browning-Ferris Industries for Refuse Collection, Transfer and Disposal, and between CCCSWA and Valley Waste Management for Recycling and Green Waste Collection, Processing and Marketing Services; and WHEREAS, the Town of Danville is willing to delegate its solid waste collection franchise authority (for refuse, recycling and green waste) to CCCSWA, provided that the terms of the franchises therefor to be executed by CCCSWA provide for the basic provisions and are in a form substantially similar to the draft agreements prepared by CCCSWA for Browning- Ferris Industries dated August 11, 1995 and Valley Waste Management dated August 21, 1995; now therefore, be it RESOLVED that the Town of Danville delegates its authority to CCCSWA to enter into contracts concerning solid waste, recyclables and greenwaste collection, transfer and disposal or reuse for all territory within the jurisdictional boundaries of the Town of Danville for such services; and be it PAGE 2 OF RESOLUTION NO. 177-95 FURTHER RESOLVED, that the Town of Danville delegates its authority to CCCSWA to implement the SRREs, NDFES and HI-IWEs of the Town of Danville through the CCCSWA franchising authority; and be it FURTHER RESOLVED, that said delegation of authority from the Town of Danville to CCCSWA, is for the eight (8) year term of the proposed franchise agreements and is subject to the limitations that: (a) any franchise agreements entered into by CCCSWA shall be in a form substantially similar to the franchise agreements for Browning-Ferris Industries dated August 11, 1995 and Valley Waste Management dated August 21, 1995, referenced hereinabove, and (b) CCCSWA setting rates for the initial two-year term of the proposed Browning-Ferris Industries and Valley Waste Management franchise agreements substantially similar to those rates set forth in Exhibit 1; and be it FURTHER RESOLVED, that said delegation is further conditioned upon the Town of Danville reserving the right to withdraw at any time, for any reason, the delegations of authority. However, in doing so, the Town of Danville agrees to administer the franchise agreement as negotiated for the term of the contract; and be it FURTHER RESOLVED, that said delegation of authority to CCCSWA is effective upon the Town of Danville becoming a member of CCCSWA. APPROVED by the Town Council of the Town of Danville at a Regular Meeting held on November 21, 1995, by the following vote: AYES: Greenberg, Doyle, NOES: None ABSTAINED: None ABSENT: None Ritchey, Shimansky, Waldo MAYOR APPROVED A_S TO FORM: CITY ATTORNEY ATTEST: ACTING CITY CLERK PAGE 3 OF RESOLUTION NO. 177-95 CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD FINAL PROPOSED RATE SCHEDULES AUGUST 15, 1995 COMPARISON OF UNIFORM RESIDENTIAL RATES rn Current Residential Rates Mini-Can N/A 1 Can Regular $17.40 2 Cans Regular $34.80 1 Can Hard-to-Serve $24.00 2 Cans Hard-to-Serve $41.40 Projected Residential Rates'~ N/A N/A N/A N/A $17,40 $21,35 $18,35 $20,50 $34.80 $42,70 $36,70 $41,00 $24,00 $26,60 $26,90 $27,50 $41,40 $47,95 $45,25 $48,00 Mini-Can $11.70 ~ 9.95 $11.75 $11.30 $12.65 1 Can Regular $13.50 $11.50 $13.55 $13,05 $14,60 2 Cans Regular $27.00 $23.00 $27.10 $26.10 $29,20 1 Can Hard-to-Serve $18.80 $16.80 $18.85 $18.35 $21,60 2 Cans Hard-to Serve $32.30 $28.30 $32.40 $31.40 $36.20 (!) Based on average rate reduction but includes rate impact of mini-can service. $15,05 $17,85 $32,75 N/A N/A $ 9.84 $11.79 $22,54 N/A N/A AElS/Morsen3A/Resident,cht CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD FINAL PROPOSED RATE SCHEDULES AUGUST 15, 1995 COMPARISON OF UNIFORM COMMERCIAL RATES Current Commercial Rates I Yard 1/Week I Yard 3/Week 3 Yard 1/Week 3 Yard 3/Week 6 Yard 1/Week 6 Yard 3/Week $ 99.55 9 99.55 $113.60 $104.05 $104.55 $240.75 9240.75 $274.90 9259.65 $260.95 $234.80 9234.80 9268.05 $247.20 $248.45 $679,00 9679.00 9775.20 ( 1 ) $745.30 9443.95 9443.95 9506.90 (1) $447.80 (1) $1,301.95 $1,486.50 (1) $1,343.50 Projected Commercial Rates 1 Yard 1/Week 1 Yard 3/Week 3 Yard 1/Week 3 Yard 3/Week 6 Yard 1/Week 6 Yard 3/Week $ 67.70 $ 203.10 $ 203.10 - $609.30 $406.20 (1) 9 67.70 $203.10 $203.10 $609.30 9406.20 $1,218.60 9 74.25 $222.75 $222.75 $668.25 $445.50 $1,336.50 $ 74.25 $222.75 $222.75 (1) (1) (1) $ 74.25 $222.75 $222.75 $668.25 $445.50 $1,336.50 ~ 70.65 $176.35 $170.65 $479.50 $309.05 $873.95 $ 41.45 $124.35 $124.35 $373.05 $248.70 $746.10 (1) No current subscribers ADS/Morsen3A/Comerci .Cht