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HomeMy WebLinkAbout102-04RESOLUTION NO. 102-2004 AUTHORIZING THE 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 §§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 jurisdictions; and WHEREAS, AB 939 directed cities, among other public agencies, to develop and implement Source Reduction and Recycling Elements (hereinafter "SRRE') and Household Hazardous Waste Elements (hereinafter "HHWE"); and WHEREAS, the Town of Danville has concluded that franchising of solid waste collection and implementing SRRE and HHWE on a regional basis consolidates coordination and planning of such collection, transfer, transport, processing, and disposal activities, maximizing the ratepayers' market power while providing for economies of scale, thus benefiting the citizens of Danville; and WHEREAS, the Central Contra Costa Solid Waste Authority (hereinafter "CCCSWA") is a joint powers agency formed pursuant to Government Code §6500 et seq. and currently is comprised of member agencies that include the Cities and Towns of Danville, Lafayette, Moraga, Orinda and Walnut Creek, and Contra Costa County; and WHEREAS, a joint powers agency, as a separate public entity, may exercise those powers commonly held by its representative 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 amended, has the authority to contract for the collection, transfer, transport, processing and disposal of solid waste generated within jurisdictional boundaries of its members agencies and for the performance of other services related to meeting AB 939 diversion goals of fifty percent (50%) by the year 2000 and beyond, and other requirements; and WHEREAS, pursuant to California Public Resources Code §40059(a)(1) the CCCSWA Board of Directors has determined that public health, safety and well-being require that an exclusive franchise be awarded to a qualified company(ies) for the collection, transfer, transport, processing and disposal of solid waste and other services related to meeting the requirements of AB 939; and WHEREAS, the CCCSWA Board of Directors finds that solid waste services can most cost- effectively be carried out on a multi-jurisdictional basis; and WHEREAS, the CCCSWA pursuant to Resolution Nos. 95-2 and 95-3, entered into Agreements between the CCCSWA and Allied Waste Industries, Inc. d.b.a. Pleasant Hill Bayshore Disposal (hereinafter "PHBD') (formerly BFI) for Solid Waste Collection, Transfer, and Disposal and Valley Waste Management (hereinafter"VWM') for Recycling and Green Waste Collection, Processing, and Marketing Services dated September 14,1995 (collectively "Franchise Agreements") that currently expire on February 28, 2006; and WHEREAS, the CCCSWA successfully negotiated terms of new Franchise Agreements and Recycling Services Agreement effective March 1, 2005; and WHEREAS, on June 24, 2004, the CCCSWA Board executed (1) new Franchise Agreements that continue exclusive franchises between the CCCSWA and (a) PHBD for collection, transfer, transport and disposal of solid waste, and green and food waste and (b) VWM for collection, transfer, transport, recycling, and processing of recyclable materials, green waste and food waste, and (2) a new Agreement with Julie Coleman Enterprises, Inc. d.b.a. Pacific Rim Recycling for recycling services; and WHEREAS, the Town of Danville desires to continue delegating its solid waste collection franchising authority to CCCSWA; now, therefore be it RESOLVED, that the Town of Danville: 1. Continues to delegate its authority to CCCSWA to enter into agreements concerning solid waste, recyclables, and green and food waste collection, transfer, transport, processing and disposal or reuse for all territory within the jurisdictional boundaries of the Town of Danville for such services; and 2. Continues to delegate its authority to CCCSWA to implement the SRREs and HHWEs of the Town of Danville through the CCCSWA franchising authority; and 3. Said delegation of authority from the Town of Danville as set forth in items (1) and (2) above is for a ten (10) year term beginning March 1, 2005 plus two possible one- year extensions of the above Franchise Agreements and is subject to the limitations that said delegation is conditioned upon the Town of Danville reserving the right to withdraw at any time, for any reason, the delegation of authority. However, in doing so, the Town of Danville agrees to administer the Franchise Agreements and Recycling Services Agreement as negotiated for the term of the Agreements. This resolution shall take effect immediately upon its passage. PAGE 2 OF RESOLUTION NO. 102-2004 APPROVED by the Danville Town Council at a regular meeting on September 7, 2004, by the following vote: AYES: Arnerich, NOES: None ABSTAINED: None ABSENT: None Doyle, Andersen, Shimansky, Stepper MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 3 OF RESOLUTION NO. 102-2004