HomeMy WebLinkAboutAGENDA BACKUP 08-13-90
.
Central Contra Costa Sanitary l1istrict
BOARD OF DIRECTORS
PAGE 1 OF 10
POSITION
PAPER
BOARD MEETING OF
SUBJECT
o
NO.
3.
HFARINGS a.
DATE
CONTINUE THE PROCESS TO ESTABLISH LOCAL
IMPROVEMENT DISTRICT (LID 57) INCLUDING
HOLDING A PUBLIC HEARING, APPROVING AN AMENDED
ENGINEER'S REPORT AND ASSESSMENTS, AND AWARDING
A CONTRACT TO D'ARCY & HARTY CONSTRUCTION, INC.
Au ust 7
TYPE OF ACTION
HOLD PUBLIC HEARING
ADOPT RESOLUTIONS,
AWARD CONTRACT
SUBMITTED BY
Dennis Hall
Associate En ineer
INITIATING DEPT.lDIV
Engineering Department/
Construction Division
ISSUE: The public hearing which was continued on August 2, 1990, must
be conducted to consider testimony regarding the Resolution of Intention
and engineer's report for LID 57 and any other comments from the public
relating to LID 57. The Board may then approve, modify, or disapprove
the engineer's report and assessments and, if approved, award a
construction contract.
BACKGROUND: A group of seven property owners in the Brown Avenue area
of Lafayette have petitioned this District to form a LID for the purpose
of financing and constructing a public sewer system which will benefit
their properties. The proposed sewer includes approximately 2,000 feet
of 8-inch sewer main which will serve the proponents' seven existing
properties with the potential to provide sewer connections to four other
properties not within LID boundaries. The seven proponent properties
and the proposed sewer system are shown on Exhibit A.
The Board has had five prior meetings on this issue. On April 6, 1989,
the Board of Directors considered and concurred with the concept of the
formation of the LID. During preliminary review of the project by
District staff, long-term issues related to geotechnical considerations
became a major concern. Because of these concerns the Board on October
19, 1989, required that all property owners within the LID be required
to execute a "Declaration of Restrictions" document. This document
limits the District's long-term liability for soil instability problems.
Staff has received executed documents from all LID participants.
The Board formally initiated LID proceedings on November 16, 1989, by
accepting the property owners' peti tions, approving the assessment
district boundary map, and requesting jurisdiction from the city of
Lafayette. On June 21, 1990, the Board of Directors accepted the
engineer's report, called for construction bids, adopted a Resolution of
Intention to order improvements, and set a public hearing for August 2,
1990.
1302A-9/85
DH
JSM
RAB
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
Id t<t--
SUBJECT
CONTINUE THE PROCESS TO ESTABLISH LOCAL
IMPROVEMENT DISTRICT (LID) 57 INCLUDING HOLDING
A PUBLIC HEARING, APPROVING AN AMENDED ENGINEER'S
REPORT AND ASSESSMENTS, AND AWARDING A CONTRACT TO
D'ARCY & HARTY CONSTRUCTION, INC.
POSITION PAPER
PAGE
DATE
2 OF 10
August 3, 1990
The project was advertised for construction bids on June 17 and 24,
1990. Five bids ranging from $187,340 to $524,000 were received on July
24, 1990. A summary of the bids is shown in Exhibit B. The
Construction Division staff conducted an evaluation of the bids and has
concluded that the lowest responsible bidder is D'Arcy & Harty
Construction, Inc., of San Francisco, California. The engineer's
estimate is $171,000. The LID engineer, Mr. David Hop, has filed an
amended engineer's report to conform to the lowest bid received.
On August 2, 1989, the public hearing was continued until August 13
because of a vehicular access issue raised by a concerned citizen, Mr.
Ronald Findleton. Mr. Findleton has taken the position that access
provided during construction on Brown Avenue will be inadequate. Board
member Rainey and District staff met with Mr. Findleton on July 25,
1990. At the request of Mr. Findleton, he was given an opportunity to
acquire adequate rights for an alternate access to bypass the work area.
The rights for the alternate access would be established through the use
of an agreement. Because the alternate access is a private road through
private parcels, sufficient rights for the Brown Avenue residents
affected by the construction project and prudent liability releases for
the District were required as part of the agreement. Mr. Findleton was
asked to provide the required executed agreement to the District by
August 3, 1990, to meet the deadline for this position Paper. Mr.
Findleton has not provided the District with the executed document
within the time agreed upon. The cost associated with the alternate
access is estimated to be $4,000 to $8,000. At of the time of
preparation of this position Paper, Mr. Findleton had not obtained costs
from all the parties necessary for access rights to the alternate
access, Sessons Road. Mr. Jay McCoy of the District attended a meeting
of the LID proponents on July 31, 1990. The proponents of the LID
expressed a desire not to have their assessments increased as a result
of the cost of access rights to Sessons Road.
The specifications for the project contain requirements to maintain
vehicular access along Brown Avenue during construction. The
specifications require that one lane (Brown Avenue is a 2-lane road) be
maintained open at all times to allow traffic passage through the work
areas. District staff met with the low bidder, D'Arcy and Harty, and
discussed jobsite conditions, contract requirements, and their
anticipated construction operations to be employed when working in Brown
Avenue. In some narrow sections of the road, construction equipment
will have to be moved to make room for oncoming vehicles. The
contractor indicated that traffic delays will normally be two minutes or
less, even if equipment must be moved. Staff will make a more detailed
presentation of the delay locations, delay times, and frequency, which
motorists may experience while driving on Brown Avenue.
13028-9/85
SUBJECT
CONTINUE THE PROCESS TO ESTABLISH LOCAL
IMPROVEMENT DISTRICT (LID) 57 INCLUDING HOLDING
A PUBLIC HEARING, APPROVING AN AMENDED ENGINEER'S
REPORT AND ASSESSMENTS, AND AWARDING A CONTRACT TO
D'ARCY & HARTY CONSTRUCTION, INC.
POSITION PAPER
PAGE 3
DATE
OF 10
August 3, 1990
District staff has met with and received approval from the Contra Costa
County Consolidated Fire District regarding access requirements when
working in Brown Avenue and Sky Lane.
Prior to the Board continuing the hearing for August 13, 1990, Mr. Hop,
representing the project proponents, addressed the Board concerning the
rising costs of the LID improvements. Mr. Hop proposed that the
District consider contributing $30,000 towards the cost of the project
to lessen the financial burden of three LID participants who have higher
total costs (LID costs plus private sewer costs) due to the topography
of their property and proximity of their property to the public main.
Although the District can contribute financially to the LID, thereby
lowering the assessments equally of each LID participant, the District
cannot make selective contributions to individual property owners as
proposed by Mr. Hop. As stated in the engineer's report, the method of
assessment is based on benefit, i.e. one unit of assessment for each
existing or approved residential lot.
A Post-Bid Preconstruct ion Cost Estimate is presented in Exhibit C. A
total of $299,554 is required to complete the project, including the
construction contract, construction management, and consultant services
during construction. All costs incurred by the District for LID 57
appear in this cost estimate and will be reimbursed by assessment
district funds.
The total amount of the bond issue for LID 57 will be $320,568.48. This
amount includes money required to complete the project shown immediately
above, funds previously authorized for the project and the bond
discount. As there are eight properties to be assessed in the LID, the
cost per property will be approximately $40,000.
In order to continue the process for LID 57, the following actions are
now necessary:
1. Conduct a Public Hearing to consider public testimony on the
Resolution of Intention and the engineer's report.
2. If, at the close of the hearing, the Board finds that protests are
insufficient, the following resolutions can be considered and
passed:
a. Resolution overruling protests
b.
Resolution approving the amended engineer's
assessments, and ordering improvement(s)
report,
13028-9/85
SUJ;l,LI;CT
CONTINUE THE PROCESS TO ESTABLISH LOCAL
IMPROVEMENT DISTRICT (LID) 57 INCLUDING HOLDING
A PUBLIC HEARING, APPROVING AN AMENDED ENGINEER'S
REPORT AND ASSESSMENTS, AND AWARDING A CONTRACT TO
D'ARCY & HARTY CONSTRUCTION, INC.
POSITION PAPER
PAGE 4
DATE
OF 10
August 3, 1990
c. Resolution authorizing award of a contract to lowest
responsible bidder
d. Resolution authorizing approval of change orders
3. If at the close of the hearing the Board finds that there is a
majority protest (if the owners of more than 50 percent of the land
area within the LID boundaries oppose the formation of the LID),
one of the following actions must be taken:
a. Overrule majority protest (minimum four/fifths vote required),
and approve resolutions a. through d. in No. 2 above.
b. Terminate assessment district proceedings.
The public hearing is required to consider testimony on the engineer's
report and any other comments by those wishing to speak. After the
hearing, the District must decide to formally approve or not approve
this LID as proposed, approve the assessments or make modifications as
deemed necessary. The Board at that time may also award the
construction contract to the lowest responsible bidder, reject all bids,
or hold the award over to a later date. The contract documents dictate
that the award must take place no later than 60 days after the bid
opening which was July 24, 1990. However, any significant delay may
necessitate the rejecting of all bids due to the closeness of the winter
rainy season, thus requiring the rebidding of the project in the spring
of 1991. If the property assessments are confirmed as proposed, the
Board will be asked to authorize the issuance and sale of the bonds for
the project at a subsequent Board meeting in September. Exhibit "D"
shows actions required by the Board to complete LID 57.
RECOMMENDATION: If a majority protest is not filed, staff recommends
that the Board of Directors take the following action:
· Open public hearing, take public testimony, close public hearing.
. Adopt a resolution overruling protests.
· Adopt resolutions approving the amended engineer's report,
assessments, and ordering improvement.
· Adopt a resolution awarding construction contract in the amount of
$187,340 to D'Arcy & Harty construction, Inc.
· Adopt a resolution authorizing approval of change orders.
13028-9/85
/
1. MACIAS 5.18 AC.
2. SULLIVAN 1.44 AC.
3. GROSSGART 10.36 AC
4. CHAPMAN 7.28 AC.
5. SWANSON 1.37 AC.
6. SPONZILlI 0.50 AC.
7. LENCI/DOLL 1.15 AC.
TOTAL ACRES = 27.28
U = UNIMPROVED
I = IMPROVED
Central Contra Costa
Sanrtary District
~
MID-HILL SEWER PROJECT
Exhibit
PROPOSED ASSESSMENT DISTRICT
A
2523.9.B€
EXHIBIT B
PROJECT NO.
4650
ontra Costa Sanitt y District
SUMMARY OF BIDS
MID-HILL SEWER PROJECT
DATE 7/24/90
ENGR. EST. $ 171,000
Central
LOCA TI ON
BROWN AVENUE/SKYLANE, LAFAYETTE CA
~ BIDDER (Name, telephone & address) .ID PRICE
---
1 D'Arcy & Harty Construction,Inc.( 415) 586-4000 $
425 Monterey Blvd., San Francisco 94127 187,340
2 Mountain Cascade, Inc. ( 415 ) 837-1101 $ 196,800
POBox 116, San Ramon CA 94583
3 Pfister Excavating, Inc. ( 707 ) 557-1706 $
POBox 4312, Vallejo CA 94590 223,091
4 MJB Pipeline. Inc. ( 415 ) 785-5805 $
POBox 192, Mt. Eden CA 94577 363.001:\
-
5 Ranger Pipelines, Inc. ( 415 ) 822-3700 $
1296 Armstrong Avenue, San Francisco CA 94124 524,000
I--
( ) $
-
( ) $
( ) $
( ) $
( ) $
( ) $
-
( ) $
a:
PREPARED BY
DATE
SHEET NO.
OF
EXHIBIT C
POST BID - PRECONSTRUCTION ESTIMATE OF COSTS FOR LID 57
%
ITEM CONST
ITEM DESCRIPTION AMOUNT TOTAL CONTRACT
1. Construction Contract (As
Bid) $187,340
2. Estimated Construction
Contigencies (15%) 28.101
3. Total Construction Cost $215,441 100%
4. Est. Construction Incidentals
to Project Completion
Engineering $ 1,000
Survey (Const. Staking) 6,000
Inspection 9,000
Contract Administration 4,200
Outside Testing/Geotechnical 4,500
Support
Legal 500
Miscellaneous 600
Total Est. Const. Incidentals $ 25,800 $ 25,800 11.98%
5. Future Incidental Costs - Lid
Proceedings Bond Counsel,
Fiscal Agency Fees, Bond
Printing, Misc. Cost of
Proceedings, Bond Reserve, $ 28.013
Easements
Total Future Incidental Costs $ 28,013 $ 28,013 13.00%
6. Pre-Bid Expenditures
(District)
Survey, Plan Review,
Printing, Soils Review, Legal $ 13,000
Pre-Bid Expenditures
(Engineer of Work - David B.
Hop) Engineering and
Assessment $ 30.300
7. Total Preconstruct ion
Expenditures
(as of 8/2/90) $ 43,300 $ 43.300 20.10%
8. Total Estimated Project Cost
(Items 3,4,5,&7) $312,554 145.1%
9. Funds Previously Authorized $ 13,000
10. Total Additional Funds
Required to Complete Project
(Item 8 minus Item 9) $299.554
EXHIBIT D
BOARD ACTIONS REQUIRED FOR FORMATION OF LID 57
(MID-HILL SEWER PROJECT)
1.
Adopt a Resolution accepting petitions.
Adopt a Resolution approving a proposed boundary
map.
2.
3.
Adopt a Resolution requesting consent to conduct
assessment proceedings from the city of Lafayette.
Adopt a Resolution approving agreement for legal
services with the Bond Counsel. (Sturgis, Ness,
Brunsell, Sperry)
4.
5.
Adopt a Resolution approving agreement for
engineer's services with the LID engineer.
(David B. Hop)
6.
Adopt a Resolution of Intention to order
improvements.
7.
Adopt a Resolution accepting the engineer's
report for the LID and setting the
hearing date for receiving public
testimony on the LID.
8.
Adopt a Resolution calling for construction
bids.
9.
Hold a Public Hearing;
the amended engineer's
ordering improvement.
protests.
adopt resolution approving
report, assessment spreads,
Adopt Resolution overruling
10. Adopt a Resolution awarding the construction
contract.
11. Adopt a Resolution authorizing approval of
change orders.
12. Adopt a Resolution to claim exemption from
audit by the State Treasurer's Office.
13. Adopt a Resolution determining assessments
remaining unpaid.
14. Adopt a Resolution ordering the sale of bonds.
15. Adopt a Resolution ordering the issuance of
bonds.
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Subject of this
position paper
Subj ect of this
position paper
Subject of this
position paper
Scheduled for
9/20/90
Scheduled for
9/20/90
Scheduled for
9/20/90
Scheduled for
9/20/90
. -- !' i~~~ ~ \'n L~ i,~.'\
'l':'d ~~ ~ L ~! ..J --'
f\UG \.} 8 1990
CGCSO
r.0'lSTFlIICTION
August 6, 1990
Richard V. MCKinley
1176 Brown Avenue
Lafayette, CA 94549
central Contra costa sanitary District
5019 Imhoff Place
Martinez, CA 94553
Attention: Dennis Hall
RE: District project No. 4650
Dear Mr. Hall:
We residents on upper Brown Avenue are quite used to minor
inconveniences because of our unique location and I have no
objection to your proposed sewer construction project.
The idea of paying for access rights via Sessions Road is
unnecessary. The home owners served by Sessions Road are well
aware that we (Brown Avenue Homeowners) share with them a mutual
need to provide access to one another in emergency cases. As a
matter of fact we had to close Brown Avenue for several hours in
1989 for paving and maintenance work. I asked for, and readily
received permission for our homeowners to use Sessions Road
during this time. Three times in the past few years we have had
tress fall and block the road for many hours and we were able to
use Sessions Road satisfactorily.
I will be unable to attend your public hearing on August 13th but
please accept this letter in support of your proposed project.
Yours truly,
,) 7 y.:-,.. Ll
Richard V. MCKihley
Chapman & Wilson, Inc.
1350 TREAT BLVD., SUITE 560
WALNUT CREEK, CA 94596
TEL (415) 933-1405
FAX (415) 933-1404
REAL ESTATE INVESTMENT & DEVELOPMENT
August 6, 1990
~~~~il~~[;)
AUG 8 1990
CCCSD
"t;.~"'!,,:n-^ ~y ,..'" "T'-'''' "'''M'''''~
Board of Directors
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
RE: Mid-Hill Sewer Proiect - IDeal ImProvement District No. 57
Dear sirs:
I live at 3471 Skylane. When a rnnnber of the neighbors on Brown Avenue
suggested they were interested in a new sewer line, I thought it might be
advantageous to participate in the program if the cost were reasonable.
originally the budget estimates were approximately $12,000 per house, am
this seened reasonable.
My house has a very large am troublefree septic tank which I do not
expect to have any problems with in the next twenty years.
Now I see the latest cost estimates are approachirq $40,000 per house
which does not include a lateral cormection of sane 400 feet. Given the
location of trees am driveways, my lateral cormection could cost $12,000
- $15,000.
It seems ccmpletely illogical to be paying $50,000 - $55,000 to
participate in this program.
Unless there is sane way to mitigate the extraordinarily high cost, I
wish to withdraw fran the inprovement district.
Yours sincerely,
~~~
F. Allan <llapnan
cc: Mr. Dermis Hall
Mr. David Hop
.
Centra\. ~ontra Costa Sanitar) .Jistrict
BOARD OF DIRECTORS
PAGE 1 OF
POSITION
PAPER
BOARD MEETING OF
SUBJECT
AUTHORIZE AWARD OF CONTRACT TO PM&M
ELECTRIC, INC. IN THE AMOUNT OF $66,000
FOR THE INSTAllATION OF MEETING ROOM HVAC
IMPROVEMENTS, DISTRICT PROJECT NO.1 0070
NO.
4 .
BIDS AND AWARDS a.
DATE
TYPE OF ACTION
AUTHORIZE AWARD
SlJBMITTEDL.:BYB I h
.James . e c er
Associate Engineer
INITIATING DEPT/DIV.
Plant Operations Department
ISSUE: On August 7, 1990, sealed bids for Meeting Room HV AC Improvements, District Project
No.1 0070, were received and publicly opened. The Board of Directors must award the contract
to the lowest responsible bidder or reject bids within 60 days of the opening date.
BACKGROUND: The Meeting Room heating and air conditioning (HV AC) system was designed
and installed concurrent with the Headquarters Office Building in 1982. Since that time,
numerous inadequacies in the system's capacity and operation have occurred. These have
resulted in overheating, subcooling, and drafts resulting from the present air conditioning/heating
unit and distribution system. In December 1989 the firm of Montgomery and Roberts, consulting
HV AC engineers, was retained. Montgomery and Roberts reviewed the deficiencies, identified
corrective actions, and produced plans and specifications to finally correct the problems.
Plans and specifications for this project were publicly advertised on July 23, 1990, and July 31,
1990. A total of three bids were received and opened on August 7, 1990. A summary of the
bids is shown in Attachment I. An evaluation of the bids, conducted by the Purchasing Section
and Plant Operations Department staff, concluded that the lowest responsible bidder is PM&M
Electric, Inc. with a total bid price of $66,000. The engineer's initial estimate for this project
was $40,000. Higher than anticipated costs were attributed to the accelerated construction
schedule and sophisticated control system features.
Certain complex control elements were included in this design that would provide for future
integrated controls, greater precision control, and system redundancy. To proceed on schedule,
staff recommends award of bid at this time. In order to reduce the project costs and subsequent
to award of bid, a reduced Scope of Work will be negotiated with the awardee to remove the
complex control elements. The contractor has estimated that the value of the deleted work is
approximately $20,000. The Capital Improvement Budget project estimate of $80,000, which
reflects the reduced Scope of Work remains unchanged as shown on Attachment II. Attachment
II also shows the prepurchase of cooling equipment for $13,000. This project is included in the
1990-1991 Capital Improvement Budget, page GI-8.
RECOMMENDED FOR BOARD ACTION
1302A-9/85
CWB
PM
SUBJECT
AUTHORIZE AWARD OF CONTRACT TO PM&M
ELECTRIC, INC. IN THE AMOUNT OF $66,00
FOR THE INSTALLATION OF MEETING BOARD ROOM HVAC
IMPROVEMENTS, DISTRICT PROJECT NO.1 0070
POSITION PAPER
PAGE
DATE
2 OF 4
August 9, 1990
This project has been evaluated by staff and determined to be exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.2, since it
involves a minor alteration to an existing facility.
RECOMMENDATION: Authorize award of the construction contract to PM&M Electric, Inc., the
lowest responsible bidder in the amount of $66,000, for Meeting Room HVAC Improvements,
District Project No.1 0070.
--------..
13028-9/85
Page 3 of 4
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Pag e 4 of 4
ATTACHMENT II
Meeting Room HV AC Improvements
District Project No. 10070
Post-Bid/Pre-Construction Estimate
Percent
Item Construction
Item Description Amount Total Contract
1 Construction Contract $ 66.000
2 Estimated Construction 6.000
Contingencies at 10 Percent
3 Pre purchased Equipment 13,000
4 Subtotal $ 85,000 100
5 Estimated Construction
Incidentals to Project Completion:
- Legal $ 500
- Plant Operations 4,000
Department Staff During
Construction
- Engineering 2,000
- As-Built Drawings 500
6 Subtotal $ 7,000 18
7 Total Estimated Construction $ 92,000
Cost
8 Funds Previously Allocated 25,000
9 Pre-Bid Expenditures (Estimated) 8,000
10 Balance 1 7,000
11 Total Additional Allocation of 75,000
Funds Prior to Scope Reduction
12 Potential Savings from Scope 20,000
Reduction
13 Total Additional Allocation of
Funds Required to Complete 55,000
Project
--_.~----_._-------_._----,---_..._------_.._~_.,_._.._'__'_-~'--_'_-"""-~_"""_,"------~,-*..~--,._----'--"~-----,'---,---------
.
Central Contra Costa Sanitary Oistrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION PAPER BOARD MEEKtig~st 13, 1990
sfS~ABLISH SEPTEMBER 6, 1990, AT 3:00 P.M. AS THE
DATE AND TIME FOR A PUBLIC HEARING ON ANNEXATION
115 AS AMENDED BY THE LOCAL AGENCY FORMATION
COMMISSION (LAFCO)
NO
5. COOSENT CALENDAR a.
DATE
August 1, 1990
TYPE OF ACTION
SET PUBLIC HEARING
S'~Htf:P~Y Hall
Associate Engineer
INITIATING Dlfficfi'heering Department
Construction Division
ISSUE: LAFCO has added properties to several of the parcels which are
a part of the above-referenced District annexation. A public hearing
must be held before this District can order the annexation of these
amended parcels.
BACKGROUND: The above-referenced annexation was sent to LAFCO as
required for the formal annexation process. LAFCO has amended the
boundaries of several of the parcels as submitted by the District. The
amended parcels are designated as D.A. 115, Parcels B, C, D, E, F, and
G. As required by law, staff will notify all affected property owners
15 days prior to the public hearing.
RECOMMENDATION: Set a public hearing date on September 6, 1990, at
3:00 p.m. for the annexation of the above-referenced territories as
amended by LAFCO.
~t1
l:jO~A 98', DH
JSM
RAB
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT IDIV
hJfJ
.
Central Contra Costa Sanitary Oistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION PAPER BOARD MEETI~8gust 1J., 1990
NO
5. CONSENT CALENDAR b.
SUBJECT
INITIATE PROCEEDINGS TO FORMALLY ANNEX A 48.96
ACRE PARCEL OF LAND IN THE MARTINEZ AREA
(FORMALLY THE LAGISS PROPERTY) UNDER THE TITLE
OF DISTRICT ANNEXATION 116
DATE
August 2, 1990
TYPE OF A1WfiIATE
D.A. 116
SUB1)\Uftfi's Hall
Associate Engineer
INITIA TINGffiIi~ni'eer ing Department
Construction Division
ISSUE: It is appropriate to detach the subject property from the Mt.
View Sanitary District and annex it to this District.
BACKGROUND: The property was acquired in April of this year as a
buffer zone adjoining the treatment plant property. The property can
be gravity-served by this District and Mt. View Sanitary District. A
long-standing agreement between this District and Mt. View Sanitary
District requires that our common boundaries be determined on the basis
of the ability to provide gravity sewer service.
Since both Districts can provide gravity service to this property,
staff contacted Mt. View's staff and made them aware of the purchase of
the property. Mt. View is in agreement with the proposed change of
boundaries according to Mt. View's District Engineer. It is,
therefore, appropriate to annex the subject property into this District
and detach it from the Mt. View Sanitary District. The sphere of
influence of the two Districts will be revised when formal annexation
proceedings are completed by the Local Agency Formation Commission.
This project has been evaluated by staff and determined to be exempt
from the California Environmental Quality Act (CEQA) under District
CEQA Guidelines section 5.2(b) (3), since it is covered by the general
note that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity
is not subject to CEQA.
RECOMMENDATION: Pass a resolution authorizing the annexation of the
subject parcel of land and consent to the future revision of the
District's sphere of influence to coincide with said annexation.
RAB
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REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT IDIV
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION PAPER BOARD M~(ilgt~'t 13, 1990
SUBJ~1JTHORIZE THE DETACHMENT OF AN 11.24 ACRE
PARCEL OF LAND OWNED BY CONTRA COSTA COUNTY
FROM THE DISTRICT'S ANNEXED TERRITORY
NO
5. CCNSENT CALENDAR c.
DATE
August 2, 1990
Arrt~o~~ DETACHMENT
OF DISTRICT
TERRITORY
SUBMfjM9Jllis Hall
Associate Engineer
INITIATING DEFEtRj1.neering Department/
Construction Division
ISSUE: Contra Costa County has requested this District to detach the
subject parcel from our District territory and approve its annexation
into the Mt. View Sanitary District.
BACKGROUND: The subject parcel was once owned by this District and was
annexed to the District in 1965. The County purchased the parcel from
the District in 1970. The County also owns 16.25 acres of land
adjoining the subject parcel to the west which is presently within the
Mt. View Sanitary District boundaries. The County is presently
constructing a central service center on their land.
The improvements on both County properties will be gravity-sewered into
Mt. View Sanitary District's sewer system located within the County
properties. There are no District sewers in or near these properties.
A long-standing agreement between this District and Mt. View Sanitary
District requires that our common boundaries be determined on the basis
of the ability to provide gravity sewer service. It is, therefore,
appropriate to detach the subject parcel from the boundaries of this
District. The District's sphere of influence will be revised when the
subject parcel is formally detached by the Local Agency Formation
Commission.
This project has been evaluated by staff and determined to be exempt
from the California Environmental Quality Act (CEQA) under District
CEQA Guidelines section 5.2(b) (3), since it is covered by the general
note that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen
wi th certainty that there is no possibility that the acti vi ty in
question may have a significant effect on the environment, the activity
is not subject to CEQA.
RECOMMENDATION: Pass a resolution authorizing the detachment of the
subject parcel of land from this District's boundaries and consent to
the future revision of the District's sphere of influence to coincide
with said detachment.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 18
POSITION
PAPER
BOARD MEETING OF
August 13, 1990
NO.
6.
SOLID WASTE a.
SUBJECT
ADOPT RESOLUTION AUTHORIZING CENTRAL CONTRA
COSTA SANITARY DISTRICT TO ENTER INTO A JOINT
POWERS AUTHORITY (JPA) WITH THE CITIES OF
WALNUT CREEK AND SAN RAMON AND APPOINT TWO
BOARD REPRESENTATIVES TO SIT ON THE JPA BOARD
DATE
Au ust 3 1990
TYPE OF ACTION
ENTER INTO JPA
APPOINT
REPRESENTATIVES
Paul Morsen
Deputy General Manager
INITIATING DEPT/DIV
Administrative
SUBMITTED BY
ISSUE: Board action is needed to enter into a Joint Powers Agreement
with other agencies.
BACKGROUND: For the past year, Central San, Walnut Creek, and San
Ramon, recognizing the benefits of joining together to site a publicly
owned transfer station/materials recovery facility have worked
together to plan a j oint powers organization to undertake this effort.
with the guidance of Board/Council Committees, staff from the three
agencies have created an agreement which would form such an
organization. Central San's Board Members on this committee have been
Members Sue McNul ty Rainey and John Clausen. San Ramon
representatives have been Councilmembers Wayne Bennett and Mary Lou
Oliver and Walnut Creek's representatives have been Councilmembers
Evelyn Munn and Matt Mattson.
In late July of 1990, the Board/Council Members directed the staffs
of the agencies to put the agreement before their respective bodies
for consideration and adoption. San Ramon staff plans to place the
document before their council at their last meeting in August and
Walnut Creek plans to consider the document at their first council
meeting in September.
The JPA document is drafted to provide the utmost flexibility for the
jurisdictions to undertake solid waste related activities but it
primarily creates an organization to site a publicly owned transfer
station to serve the wastestreams of the member agencies including
other central county entities if they wish to join.
During the same time period that this JPA has been the planning
stages, District staff and Member Rainey have been working on a
committee to form a County-wide JPA. This effort proposes that all
the cities, the county, and garbage franchising sanitary districts,
join to form a JPA that can undertake solid waste planning for the
county. While the County-wide JPA could site and manage facilities
for disposal, the essential task of cooperative solid waste planning
would be its initial charge. with the passage of AB 939, such an
o nization is critical due to the many tasks mandated to be
REVIEWED AND RECOMMENDED FOR BOARD ACTION
SUBJECT
ADOPT RESOLUTION AUTHORIZING CENTRAL CONTRA
COSTA SANITARY DISTRICT TO ENTER INTO A JOINT
POWERS AUTHORITY (JPA) WITH THE CITIES OF
WALNUT CREEK AND SAN RAMON AND APPOINT TWO
POSITION PAPER
18
PAGE 2 OF
DATE August 3, 1990
performed by local agencies. Bringing all involved parties together
in this regard would be a much needed step to solve problems of
county-wide concern.
Among the directions received from Council/Board Members was that each
agency should have two seats on the Joint Powers Authority and
therefore, two votes. Accordingly, this position paper recommends
that the Board, in addition to adopting the authorizing resolution,
appoint two Board Members from Central San to sit on the JPA.
RECOMMENDATION: (1) Adopt the attached resolution authorizing
membership of Central Contra Costa Sanitary District in the Central
Contra Costa Solid Waste Authority. (2) Appoint two members of the
Board to be Central San's representatives on this body.
SSS/Pos. Papers #2/ JPAReps. PP
13028-9/85
RESOLUTION NO. 90-
A RESOLUTION AUTHORIZING MEMBERSHIP IN
THE CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY
WHEREAS, the City of Walnut Creek, the city of San Ramon and
this District have each analyzed and jointly discussed the value to
each entity in considering the exercise of certain solid waste
handling authorities pursuant to a Joint Powers Agreement; and
WHEREAS, it was determined through those joint discussions
that substantial benefits to the public at large may be available
through the joint undertaking by these agencies of certain solid
waste handling activities; and
WHEREAS,
the discussions,
analyses and determinations
undertaken strongly suggest that the public ownership, operation
and/or regulation of certain solid waste facilities, such as
landfills and transfer stations, will benefit the general public
through increased control of the wastestream and the potential of
reduced collection and disposal 'rates; and'
WHEREAS, as a result of said discussions, analyses and
determinations, a Joint Exercise of Power Agreement has been
drafted to create a separate public entity known as the CENTRAL
CONTRA COSTA SOLID WASTE AUTHORITY; and
WHEREAS, the entering into of such a joint powers authority
agreement requires the order or resolution of this Board;
THEREFORE, BE IT RESOLVED:
THAT the CENTRAL CONTRA COSTA SANITARY DISTRICT hereby
undertakes to jointly enter with the cities of Walnut Creek and San
Ramon into the CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY; and
Resolution No. 90-
Page 2
THAT the President of the District Board and the Secretary of
the District are hereby authorized to execute that certain
Agreement on behalf of the DISTRICT, and staff is further directed
to undertake such actions as may be required for the carrying out
....:..
of the formation of the CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY,
a joint powers agency.
PASSED AND ADOPTED this 13th day of August, 1990 by the
following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the Board of Directors
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra
Costa Sanitary District, County
of Contra Costa, State of California
Approved as to Form
Kenton L. AIm
District Counsel
JOINT EXERCISE OF POWERS AGREEMENT
CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY
ARTICLE 1: PURPOSE
A. Purpose of Aqreement: It is the purpose of this Agree-
ment to establish, pursuant to the Joint Exercise of
Powers Act, a public entity separate from each of the
agencies. This public entity is to be known as the Cen-
tral Contra Costa Solid Waste Management Authority,
hereinafter referred to as the "Authority".
B. Purpose of Authoritv: The purpose of the Authority
shall be to exercise certain powers set forth below, in a
manner which will (1) assure the citizens of the member
agencies that certain solid waste transfer station(s)
and/or regional resource recovery facility(ies), and/or
recycling facility(ies) and/or household hazardous waste
facility(ies), and/or landfill(s) and related programs
will be operated in the most cost effective manner
possible consistent with the proper concern for the
environment; and (2) allow for the public ownership
and/or management of said facilities, and (3) allow for
such other joint efforts concerning the handling and
disposal of the solid waste stream as may be beneficial
to constituents of the member agencies.
C. Members of Authoritv: This Agreement is entered into
by and between the cities of Walnut Creek and San Ramon
and the Central Contra Costa Sanitary District (hereinaf-
ter "Initial Members"), as individual public entities
which mutually promise and agree as hereinafter set
forth. Membership in the Authority is open to any public
entity that franchises the collection and/or disposal of
garbage in Central Contra Costa County. Membership in
the Authority is granted upon a 2/3 vote of all members
of the Authority Board as then constituted, approving the
application for membership, and upon compliance with the
terms and conditions of membership set forth by the Board
and/or in force at that time.
D. Apportionment of Expenses: It is the intention of the
Authority to collect revenues to cover the costs of
Authority operations, through solid waste stream
operations including, but not limited to, the operation
of transfer facility(ies), reclamation facility(ies),
recycling facility(ies), household hazardous waste
facility(ies), and/or landfill facility(ies). To' the
extent that operating expenses exceed revenues during any
period, including the initial start up period of the
Authority, the member agencies shall be responsible for
providing the requisite funds to the Authority to ensure
that such expenses are met in that proportion that the
total tonnage of solid waste collected within the
_ jurisdiction of each agency bears to the total tonnage of
solid waste collected within the jurisdiction of all
members of the Authority. Each member agenc,y's
contribution to such expenses is dependent upon such
member agency's governing body's yearly approval of such
contribution, provided, however, that if such member
agency's governing body does not approve such
contribution, such member agency shall be deemed to have
withdrawn from the Authority and subject to the
provisions of Article 4 D, sections 1 and 3, excepting
such unapproved contribution resulting in such deemed
withdrawal.
Within one hundred twenty (120) days of the effective
date of this Agreement the Ini tial Members shall
formulate a budget for the first fiscal year of Authority
operations, and, in conjunction therewith, shall assign
each member a proportionate funding obligation to meet
the budget agreed upon. If the Initial Members do not so
formulate such a budget and assign such funding
obligation within such one hundred twenty (120) day
period, or within such other time agreed to in writing
which is executed by such Initial Members, this Agreement
shall be null and void.
ARTICLE 2: POWERS OF THE AUTHORITY
A. General Powers: 1. The Authority shall have all pow-
ers common to its member agencies, and such general
powers shall further include, but not necessarily be
limited to the following:
a) To advise the member agencies on issues related to
solid waste collection and disposal;
b) To advocate the interests of the member agencies
related to solid waste management issues with local,
state and federal Officials;
c) To plan for transfer station(s), resource recovery
facility(ies), recycling facility(ies), household
- 2 -
Joint Exercise of Powers Agreement/CCC Solid Waste Authority
hazardous waste facility(ies) , landfill (s), any
other solid waste facility(ies) and programs, and/or
any related closure and post-closure thereof;
d) To develop transfer station(s), resource recovery
faci1ity(ies), recycling faci1ity(ies), household
hazardous waste facility(ies), landfill(s), any
other solid waste faci1ity(ies) and program(s)
and/or.any related closure and post-closure thereof;
e) To acquire and/or operate and/or contract for the
operation of transfer station(s), resource recovery
faci1ity(ies), recycling faci1ity(ies), household
hazardous waste faci1ity(ies), 1andfi11(s), any
other solid waste facility(ies) and program(s)
and/or any related closure and post-closure thereof;
f) To regulate rates of transfer station(s), resource
recovery faci1ity(ies), recycling faci1ity(ies),
household hazardous waste faci1ity(ies) and
1andfi11(s);
g) To advise on matters of solid waste collection and
disposal rates and charges;
h) To advise public entities as to market conditions af-
fecting the marketability of recyclable commodities;
and
i) To market and sell recyclable commodities.
j) To conduct joint studies and/or institute joint
programs as may be required by law or appropriate
regarding solid waste collection and disposal
including, but not limited to, such efforts as may
be required regarding reduction of the waste stream
directed to landfills.
2 . Notwithstanding Article 2, Section A (1)
above, the Authority is not authorized to in any manner
impair or interfere wi th a member agency I s franchising of
solid waste collection and/or disposal, except as otherwise
set forth in this Agreement or except as specifically agreed
by such member agency.
B. Specific Powers: In carrying out its general powers,
the Authority is hereby authorized to perform all acts
necessary or proper for the exercise of said powers which
may include, but are not limited to, the following:
1.
To make and enter into contracts; I
To apply for and accept grants, advajces,
butions;
and contri-
2.
- 3 -
Joint Exercise of Powers Agreement/CCC Solid Waste Authority
3. To employ or contract for the services of agents,
employees, consultants and such other persons or
entities as it deems necessary;
4. To conduct studies;
5. To review the Contra Costa Integrated Waste
Management Plan and other such public planning
documents as may be developed, and recommend
revisions or amendments thereto;
6. To acquire, construct, manage, maintain, operate and
control any buildings, works or improvements;
7. To acquire, hold or dispose of property;
8. To acquire by condemnation proceedings such real
and/or personal property and/or rights of way as in
the judqment of the Authority are necessary or prop-
er to the exercise of its powers;
9. To incur debts, liabilities or obligations subject
to limitations herein set forth;
10. To levy and collect fees and charges to the extent
permitted by law;
11. To assess and collect, subject to Article 5, Section
A and Article 1, Section 0, of both Initial Members
and future agency members, fees for membership in
the Authority, so as to provide moneys for the
financing of its activities, operations, and
expansion which are not adequately funded by the
revenues collected for services provided by the
Authority;
12. To issue bonds, subject to the provisions and limita-
tions of the laws of the State of California; and
13. To adopt annually, by April 1 of each fiscal year, a
budget setting forth all administrative, operational
and capital expenses for the Authority, together
with the apportionment of such expenses by levy
against each member agency to the extent necessary,
subject to Article 1, Section D.
ARTICLE 3: ORGANIZATION OF AUTHORITY
A. Board of Directors: The Authority shall be governed by
a Board of Directors, hereinafter "Board", which shall
exercise all powers on behalf of the Authority. The
Board shall have the authority to carry out all duties
and functions wi thin the power of the Joint Exercise of
Powers Agreement.
- 4 -
Joint Exercise of Powers Agreement/ccc Solid Waste Authority
The Board shall be composed of two (2) representatives
from each Authority agency, who shall be elected members
of such agency's governing body. The term of Board
membership is unlimited except as a member agency may
provide for its own representatives; however, as to such
member representatives, such term shall automatically
expire when the representative is no longer an elected
officer of the agency that he or she represents on the
Board.
1. Duties of the Board of Directors: The Board shall
perform all acts necessary or proper to carry out
the purposes of this Agreement and to execute the
General and Specific Powers of the Authority, which
acts include but are not limited to the following:
a) Conduct Board meetings pursuant to a schedule
adopted by the Board;
b) Consider, modify and approve the annual work
program and budget;
c) Levy, fix, set and/or impose fees,
assessments and charges to the extent
permitted by law and by this Agreement;
d) Authorize, review and accept reports and
studies;
e) Review, recommend, approve and/or regulate
rates for services provided by the Authority
or over which the Authori ty has regulatory
power through contract or otherwise;
f) Recommend action to member agencies and other
public bodies on:
i)
The Contra Costa County Integrated
Waste Management Plan and any other
such public planning documents as
may be developed and revisions or
amendments thereto; and
ii) The planning, financing, development'
and operation of Authority activi-
ties;
g) Accept agencies as subsequent parties to the
Agreement and members of the Author! ty , and
their representatives as Board members;
h) Authorize the hiring and/or engagement of
Authority staff;
- 5 -
Joint Exercise of Powers Agreement/CCC Solid Waste Authority
i) The Board may, from time to time, declare one
of the member agencies as the lead agency for
specific purposes as may be set forth by the
Board or for the general purpose of staffing
the Authority and carrying out the Authori-
ty's functions;
j) Establish committees to carry out Authority
purposes, and appoint committee members from
the Authority Board, the legislative bodies
or administration of member agencies,
Authority staff, and/or staff of the member
agencies. The Authority shall reimburse
agency members for personnel costs associated
with the staffing of committees with member
agency personnel;
k) Establish policies governing the compensation
of staff employed by the Authority, which
polici7s are subject to approval of the
govern1ng bodies of the agency members by 2/3
vote thereof.
I) Delegate duties to Authority or Board staff
and/or members, appointed committees and
committee members, the City Councils, and/or
staff, or the Sanitary District Board and/or
staff.
2. votina Reauirements: All actions of the Board may
be undertaken by majority vote of the Board members
present, provided a quorum exists, except for such
Board actions requiring a 2/3 vote as may otherwise
be set forth herein. Each Board member shall have
one vote.
3. Board of Directors Members: Upon execution of
this Agreement, the governing body of each agency
shall, by resolution, appoint a member to serve as a
member of the Board in conformi ty wi th the
requirements of Article 3, Section A.
4. Subseauent Authori tv Members: Any agency which
franchises solid waste collection in Central Contra
Costa County, including cities incorporated and
districts formed after the effective date of this
Agreement, may become members of the Authority, and
its representatives may become voting members of the
Board by presenting an adopted resolution to the
Board which includes a request to become a member of
the Authority, and upon a 2/3 vote of all members of
the Board to accept the new member, and upon paYment
of any charges and execution of all documents as may
be required by the Board as a prerequisite for
voting membership. Such charges may include such
- 6 -
Joint Exercise of Powers Agreement/CCC Solid Waste Authority
items as compensation to the existing Authority
members for previously expended costs in furtherance
of Authority purposes, including. staffing expenses,
capital expenses, financing expenses, and
assessments for losses in prior Authority
operations. These examples are purely illustrative,
however, and are not intended to limit the power of
the Authority or the Board to fix whatever buy in,
capitalization or other equalization charges deemed
necessary or proper. PaYment of such charges may be
made in any manner deemed necessary or proper by the
Board, including, but not limited to cash paYment, a
differential rate structure at Authority facilities,
future capital contributions, surcharges or by other
plan which might include appropriate security.
4. Board Officers: The Board shall by a majority
vote elect from its members a Chairperson and a
Vice Chairperson. The Chairperson and Vice Chair-
person shall have one year terms and may be reelect-
ed so as to serve a maximum of two (2) consecutive
one year terms, unless the Board unanimously
approves additional consecutive term(s) as to a
particular Chairperson or Vice Chairperson. The
Chairperson shall preside over all meetings
according to the Rules of Procedure adopted by the
Board. The Board Chairperson shall represent the
Authority and execute any contracts and other
documents when required by the Rules of Procedure.
5. Board Rules: The Board is empowered to establish
its own Rules of Procedure to the extent those rules
are not inconsistent with the laws of the state of
California governing the operations of this Authori-
ty.
6. Meetinqs of the Board:
a) Reqular Meetings: The Board shall hold
scheduled public meetings at a location se-
lected by the Board.
b) Special Meetings: Special meetings of the
Board may be called in accordance with the
provisions of section 54956 of the Califor-
nia Government Code.
c) Notice of Meetinqs: All meetings of the
Board shall be held subject to the current
provisions of the Ralph M. Brown Act, being
sections 54950 et seq. of the California
Government Code, and other applicable laws of
the State of California requiring public
meetings.
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Joint Exercise of Powers AgreementjCCC Solid Waste Authority
d) Minutes: The Board Chairperson shall cause
minutes of all meetings to be kept and shall,
as soon as possible after each meeting, cause
a copy of the minutes to be forwarded to each
member of the Board.
7. Staffinq: Each of the member agencies shall use
its best efforts to provide staff to the Authority
as may be necessary initially for the Authority to
execute its powers and duties and as may be request-
ed by the Board thereafter. Staff may be drawn
from member agencies or agency staff. Additionally,
the Authori ty may contract wi th or employ
entities and/or individuals not associated with
member agency staff, as permitted by Article 2,
Section B(3).
8. Officers: The Board has the power to appoint as
staff to the Board the following officers:
a) Executive Director: There may be an Execu-
tive Director appointed who will serve as the
chief administrative officer of the Authori-
ty. He or she shall be responsible to the
Board for the management and administration
of all Authority affairs pursuant to the
Board's direction.
Until such time, as the Board may determine to
appoint an Executive Director who is not a
staff member of a member agency, and for such
other times as there is no Executive Director
serving, the Board may appoint an interim
Executive Director, who shall have such
powers and duties as are set forth in this
section. An interim Executive Director shall
be the chief administrative officer of one of
the member agencies, or such other agency
staff member as the Board deems appropriate.
b) Treasurer and Controller: There shall be a
Treasurer and Controller to be the custodian
of all Authority funds, to pay demands and to
make or contract for an annual audit.
c) Secretarv: There shall be a Secretary who
shall be responsible for the noticing of
meetings and recording of minutes of meet-
ings as required by the Brown Act and the
Rules of Procedure.
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Joint Exercise of Powers Agreement/CCC Solid Waste Authority
9. Funds. Exoenditures and Audits:
Each and every expenditure of moneys shall be author-
ized or approved by the Board or by a person desig-
nated by the Board to authorize expenditures. The
Treasurer shall draw warrants to pay demands so au-
thorized for paYment by the Board.
Before the Authority may expend any moneys or incur
any financial obligation it shall adopt a budget
showing proposed expenditures for the Fiscal Year
and the proposed means of financing such expendi-
tures. The budget shall be for the ensuing Fiscal
Year, beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year.
The Board shall periodically cause an audit to be
performed with regard to the financial operations of
the Authority.
ARTICLE 4: TERMS OF AGREEMENT
A. Effective Date: This Agreement shall become effective
on the date of its execution by all the agencies identi-
fied in Article 1, section C.
B. Amendments: This Agreement may be amended by a
two-thirds (2/3) vote of all members of the Board. Any
such amendment shall be effective upon the day of such
action.
C. Undertakina of Specific Projects: Although it is the
intent of this Agreement, and therefore the purpose of
the Authority, to cooperate jointly amongst the member
agencies so as to provide the most efficient operation of
solid waste facilities on a regional basis, nothing
contained in this Agreement is intended to prevent the
Authority from undertaking projects pursuant to separate
contracts between the Authority and individual member
agencies, which projects are not intended to benefit all
of the member agencies. The Authority shall hold title
to each proj ect in trust for the use of the members who
participate. The members who participate in a project
shall indemnify and hold harmless the members who do not
participate from liability of any kind resulting from, or
in any way related to, the financing, construction,
acquisition, operation or maintenance of such project.
The Authority shall have the power to proceed with the
final acquisition and construction of a project which is
not joined in by all Authori ty members, only when a
separate project contract has been entered into which
provides arrangements for Obtaining funds sufficient to
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Joint Exercise of Powers Agreement/CCC Solid Waste Authority
pay for all costs of such project. Such a project
contract shall provide for such payments as shall be
agreed upon, but will be at least sufficient to pay and
discharge all obligations the Authority incurred in
connection with such project.
D. wi thdrawal :
1. Any member agency, upon written notice given by
January 1 of any year, to the Chairperson of the
Board of Directors, and all other member agencies,
may withdraw from the Authority effective no earlier
than July 1 of that year; provided, however, that
the withdrawal of such member agency shall not
terminate such member agency's responsibility under
any obligation of such member agency or the
Authority or any action taken in connection
therewith, and further provided that the withdrawing
agency must pay to the Authority on the effective
date of wi thdrawal, all money owing to the
Authority, and as to those capital expenditures that
the withdrawing agency has agreed to participate in
by contract or otherwise, its share of such capital
expenditures. Such financial obligations of such
withdrawing agency may be assumed by another entity
upon 2/3 vote of the Board, absent the participation
of the representative of the withdrawing agency.
2. Notwithstanding Subsection 1, above, a member shall
not be permitted to withdraw from the Authority
unless the Board determines by majority vote, absent
the participation of the representatives of the
withdrawing agency, that as of the effective date of
withdrawal the Authority will have a waste stream
sufficient to meet all Authority operating expenses
and obligations outstanding as of the effective date
of withdrawal, whether capital, operational,
maintenance related or otherwise, and to ensure that
all Authority operations will not be adversely
affected to a material extent by the withdrawal of
the withdrawing member.
3. The withdrawing agency shall also continue to be
liable for its share of Authority obligations
including, but not limited to operations and
maintenance costs and the General Budget until the
effective date of its withdrawal.
E. Expulsion of Member: The Board .may, by 2/3 vote of the
Board members, terminate a member agency's membership in
the Authority for a material breach of this Agreement
after a six (6) months notice to such member agency. A
member agency so expelled shall be responsible for
capital expenditures and non capital obligations of the
Authority as set forth in Article 4, Section C. above.
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Joint Exercise of Powers Agreement/CCC Solid Waste Authority
F. Reinstatement: An agency, subsequent to its
withdrawal, or subsequent to expulsion, may seek
reinstatement as a Member of the Authority. Application
for reinstatement shall be made in writing to the Board.
An agency shall be reinstated upon a 2/3 vote of all
members of the Board as then constituted. The Board may
require an agency seeking reinstatement to meet any terms
and conditions which the Board deems appropriate.
G. Division of Property and obligations on Dissolution:
Upon dissolution of the Authority as a legal entity, all
debts and obligations of the Authority, including all
bonded indebtedness, shall be paid, and the remaining
_ property of the Authority shall be divided in proportion
to the contributions made among all of the aqencies who
are parties to this Agreement at the time of its dissolu-
tion.
H. Commitment of Waste stream: Authority members shall,
to the extent they are not prohibited from doing so by a
contractual or legal obligation undertaken prior to
becoming members of the Authority, commit the entirety of
their waste stream to any facility owned or operated by
the Authority provided such facility is designed and
constructed to accommodate the waste stream from the
affected member agency and provided further that such
member agency has agreed to participate in the project
which includes the operation of such facility.
Authorization to commit less than the entirety of the
waste stream of a member agency, other than for reason of
prior contractual obligation, shall be determined by the
Board based on economic, geographic and other solid waste
considerations keeping in mind the purpose of the
Authority.
I. Acceptance of Waste stream: The Authority must accept
the entirety of the waste stream of any member agency to
the extent the Authority owns or operates solid waste
handling facilities designed and constructed to accommo-
date the waste stream from the affected member agency and
the facility or facilities have adequate capacity to
serve the member agency's entire need. The Authori ty
shall attempt to acquire, construct and/or operate Author-
ity facilities in such a manner as to best accommodate
the solid waste handling needs of all member agencies.
J. Funding From Member Aaencies: Subj ect to Article 1,
Section D, each member agency shall provide its share of
the Authority's general budgetary obligation. Each
initial member's share is set forth in Exhibit A attached
hereto and incorporated herein by reference and made a
part hereof as if fully set forth herein.
K. Liabilitv: The tort liability of the Authority, all
members of the Board, and all officers and employees of
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Joint Exercise of Powers Agreement/CCC Solid Waste Authority
said Authority shall be controlled by the provisions of
Division 3.6 of Title I of the Government Code of the
state of California. Any tort and contractual liability
incurred by or imposed upon the "Authority" shall remain
the sole liability of the Authority rather than the
liability of the member agencies, to the full extent such
allocation of liability is permitted by law. The
provisions of said Division relating to the
indemnification of public employees and the defense of
actions against them arising out of any act or omission
occurring within the scope of their employment shall
apply to all Authority directors, officers and
employees. Notwithstanding the specific terms of this
section, the Authority and the member agencies shall
retain the power to allocate liability between the
Authori ty and the member agencies, or among the member
agencies, in a manner other than as set forth above
pursuant to written agreement to do same for specific
projects or undertakings of the Authority.
L. Term and Termination: This Agreement shall continue in
force until terminated as specified by this section.
This Agreement may be terminated at the end of any Fiscal
Year by consent of all member agencies, however, this
Agreement and the Authority shall continue to exist for
the purpose of disposing of all claims, the distribution
of assets, and any other functions necessary to conclude
the affairs of the Authority. Upon termination, payment
of the obligations and division of the property of the
Authority shall be conducted pursuant to Section F of
this Article.
ARTICLE 5: PROJECT FINANCING
A. Separate Contracts: Financing of specific capital
projects, such as the acquisition or construction of
solid waste facilities by the Authority shall be subject
to separate contracts between the Authority and member
agencies which intend to participate in the specific
facility, the contracts shall set forth each agency's
responsibility for capital expenditures and operating
expenses as well as such other terms as may be
appropriate.
B. Debt: The Authori ty may issue or cause to be issued
bond and other indebtedness, and pledge any property
and/or revenues as security to the extent permitted by
law. Any and all debts, liabilities, and obligations
incurred by or imposed upon the Authority shall be the
debts, liabilities, and obligations solely of the Authori-
ty, rather than the debts, liabilities, and obligations
of the individual member agencies.
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Joint Exercise of Powers Agreement/CCc Solid Waste Authority
C. Financial Contribution: For agencies joining the Au-
thority after the effective date of this Agreement, the
Board shall determine such agencies' proportionate finan-
cial contribution, which is due upon joining the Authori-
ty.
D. Funding: It is intended that the liabilities of the
Authority, to the fullest extent possible, are funded by
revenues generated by facility operations.
ARTICLE 6: EXERCISE OF AUTHORITY'S POWERS
This Agreement is entered into under the provisions of Arti-
cle 1 of Chapter 5, Division 7, Title One of the Government
Code concerning Joint Powers Agreements. As to those powers
vested in the Authority pursuant to section 6508 of the Gov-
ernment code, they shall be exercised in the same manner and
subject to the same restrictions as those applicable to a
sani tary district pursuant to the statutes and laws of the
State of California.
ARTICLE 7: OBLIGATIONS OF AUTHORITY
Any and all debts, liabilities, and obligations incurred by
or imposed upon the Authority shall be the debts, liabili-
ties, and obligations solely of the Authority and no capital
or administration debt, liability, or obligation shall there-
by be imposed upon any party to this Agreement or the collec-
tive parties hereto.
Dated:
CENTRAL CONTRA COSTA
SANITARY DISTRICT
President
Board of Directors
Secretary
Board of Directors
APPROVED AS TO FORM:
District Counsel
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Joint Exercise of Powers AgreementjCCC Solid Waste Authority
Dated:
CITY OF SAN RAMON
Mayor
City Clerk
APPROVED AS TO FORM:
City Counsel
Dated:
CITY OF WALNUT CREEK
Mayor
City Clerk
APPROVED AS TO FORM:
City Counsel
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Joint Exercise of Powers AgreementjCCC Solid Waste Authority