HomeMy WebLinkAbout069-2014RESOLUTION NO. 69-2014
AUTHORIZING CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY
TO ENTER INTO NEW WASTE COLLECTION, PROCESSING AND
DISPOSAL SERVICE AGREEMENTS FOR THE SERVICE AREA
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989, California Public Resources Code section
4000 et seq. ( " AB 939 ") and subsequent modifications thereto, established a solid waste
management process that requires cities and other local jurisdictions to implement source
reduction, reuse and recycling as integrated waste management practices; and
WHEREAS, AB 939 directed cities, among other public agencies, to develop and
implement Source Reduction and Recycling Elements ( "SRRE ") and Household
Hazardous Waste Elements ( "HHWE "); and
WHEREAS, the Legislature of the State of California, by enactment of the California Jobs
and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, 94 AB 341]),
established a mandatory statewide commercial recycling program effective July 1, 2012
( "AB 341 "); and
WHEREAS, the Danville Town Council has concluded that franchising of waste
collection, implementing SRREs and HHWEs, and the mandatory commercial recycling
requirements on a regional basis, as well as preparing and filing AB 939 and AB 341
compliance information with CalRecycle, consolidates coordination and planning of such
collection, transfer, transport, processing, diversion and disposal activities, maximizing
ratepayers' market power while providing for economies of scale, thus benefiting the
citizens of the Town of Danville; and
WHEREAS, the Central Contra Costa Solid Waste Authority ( "CCCSWA ") is a joint
powers agency formed pursuant to Government Code section 6500 et seq. and currently
is comprised of member agencies that include the cities /towns of Danville, Lafayette,
Moraga, Orinda, Walnut Creek and certain unincorporated areas of Contra Costa County
( "Member Agencies "); and
WHEREAS, CCCSWA has the authority to assume municipal solid waste and materials
diversion management responsibilities and to enter into exclusive agreements for the
handling of solid waste, recyclable materials, compostable organic materials and food
waste; to prescribe the terms and conditions of such agreements, including but not
limited to the frequency and means of collection and transportation, the level of services,
charges and fees, materials sales revenue payments and the nature, location and extent
of providing materials handling services; and
WHEREAS, on November 17, 2009, CCCSWA was designated by CalRecycle as a
Regional Agency for purposes of streamlining AB 939 reporting for the Towns of Danville
and Moraga and the Cities of Lafayette, Orinda, Walnut Creek only; and
WHEREAS, the CCCSWA Board of Directors has determined that the public health,
safety and well -being of the citizens of the Member Agencies requires obtaining long-
term commitments from qualified companies for the handling of solid waste, recyclable
materials, compostable organic materials and food waste on a multi - jurisdictional basis
that such commitments are fiscally prudent and are related to meeting the requirements
of AB 939; and
WHEREAS, CCCSWA has successfully negotiated a Franchise Agreement with Allied
Waste Systems, Inc. dba Republic Services of Contra Costa County for Franchised
Materials Collection, Transfer, Transport, Processing, Diversion and Disposal Services for
a term commencing March 1, 2015, through and including February 28, 2025, with an
option to extend (hereinafter "Republic Collection and Disposal Agreement "); and
WHEREAS, the services provided under the Republic Collection and Disposal
Agreement include but are not limited to .collection of solid waste, green materials,
organic materials, food scraps, commercial food waste and recyclable materials from
residential and commercial subscribers, delivery of commercial food waste to the East
Bay Municipal Utility District for anaerobic digestion and energy recovery and delivery
of recyclable materials to Mt. Diablo Recycling for processing; and
WHEREAS, CCCSWA has successfully negotiated an agreement with Mt. Diablo Paper
Stock, Inc. dba Mt. Diablo Recycling for Recyclable Materials Transfer, Transport,
Processing and Diversion Services, for a term commencing March 1, 2015, through and
including February 28, 2025, with an option to extend (hereinafter "Mt. Diablo Processing
Agreement "); and
WHEREAS, the services provided under the Mt. Diablo Processing Agreement include
but are not limited to processing and marketing of all source - separated recyclable
materials generated and collected by Republic Services pursuant to the Republic
Collection and Disposal Agreement and to also implement a Reuse and Cleanup Days
Program and Retail Battery Collection Program; and
WHEREAS, CCCSWA has adopted a Registered Construction and Demolition ( "C &D ")
Debris Transporter Permit Program that will serve residential and commercial
construction contractors by collecting and moving C &D debris to approved processing
facilities and will coordinate with the City /Town's ordinances relating to C &D debris;
and
WHEREAS, on May 16, 2014, the CCCSWA Board of Directors authorized the execution
of both the Republic Collection and Disposal Agreement and the Mt. Diablo Processing
Agreement and the Chair of the Board of Directors so executed; and
WHEREAS, the Town of Danville desires to continue delegating authority to CCCSWA
for collection, transfer, transport, processing and diversion or disposal of solid waste,
recyclable materials, compostable organic materials and food waste within the
jurisdictional boundaries of the Town; now, therefore, be it
RESOLVED, by the Danville Town Council as follows:
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The Town Council continues delegating its authority to CCCSWA to enter into
agreements concerning the collection, transfer, transport, processing and diversion or
disposal of solid waste, recyclable materials, compostable organic materials and food
waste for all territory within the jurisdictional boundaries of the Town of Danville for
such services.
3. The Town Council continues to delegate its authority to CCCSWA to implement
the SRREs and HWWEs of the Town Council through CCCSWA as the Regional Agency.
4. Said delegation of authority from the Town Council as set forth in (2) and (3) above
is for a ten (10) year term, beginning on March 1, 2015, plus a possible extension for up to
twenty -four (24) months after February 28, 2025.
5. Said delegation of authority is conditioned upon the Town Council reserving the
right to withdraw at any time for any reason the delegation of authority. However, in
doing so the Town Council consents to assignment of and agrees to administer the
Republic Collection and Disposal Agreement and the Mt. Diablo Processing Agreement
as negotiated for the term of both Agreements. Furthermore, should CCCSWA seek to
dissolve before the end of either Agreement's term, such dissolution is conditioned upon
either the Town Council's or a successor joint power authority's individual or collective
consent to assignment of such agreements. Under such circumstances, both Republic
Services, Inc. and Mt. Diablo Recycling are similarly bound to honor their contracts for
Town services.
6. This resolution shall take effect immediately upon its passage.
APPROVED by the Danville Town Council at a regular meeting on September 2, 2014 by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Storer, Doyle, Arnerich, Morgan, Stepper
None
None
None
MAYOR
APPROVED AS TO FORM:
2 ti
CITY ATTORNEY
ATTEST:
All
CITY CLERK