HomeMy WebLinkAboutMINUTES - 08061996 - D9 2'FWi �/-
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TO: BOARD OF SUPERVISORS .'� Contra
FROM: HARVEY BRAGDON ='f Costa
DIRECTOR OF COMMUNITY DEVELOPMENT CO^
DATE: AUGUST 6, 1996
SUBJECT: REPORT TO BOARD ON STATUS OF POSSIBLE AGREEMENTS BETWEEN
THE KENSINGTON COMMUNITY SERVICES, BAY VIEW REFUSE &
RECYCLING, INC. AND THE COUNTY FOR THE PROVISION OF SOLID
WASTE & RECYCLING SERVICES FOR THE KENSINGTON AREA
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Take testimony and continue to allow the Bay View Refuse and Recycling Inc. and
the Kensington Police Protection and Community Services District (KCSD) to come
to a final agreement, to finalize their Franchise Agreement and provide input on the
revised Memorandum of Understanding.
Or
2. Approve a Franchise Agreement between the County and Bay View Refuse and
Recycling Inc. and direct staff to complete the processing of such Agreement.
FISCAL IMPACT:
The proposed Agreements both include a provision for franchise fees that will help support
the provision of solid waste services in the unincorporated county area.
CONTINUED ON ATTACHMENT: _ CX YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON August 6 , 19 9 6 APPROVED AS RECOMMENDED R OTHER X
Mark Armstrong, Attorney for Bay View Refuse and Recycling , Inc . ,
spoke in favor of continuing the discussion .
All speakers desiring to speak having been heard , IT IS BY THE
BOARD ORDERED that Recommendation No . 1 is APPROVED; and the matter
is CONTINUED to August 13 , 1996 .
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT ----- I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
• OF SUPERVISORS ON THE DATE SHOWN.
Contact: Mary Fleming (510) 335-1230
cc: Community Development Department (CDD) ATTESTED August 6 . 1996
County Counsel - S. Marchesi PHIL BATCHELOR,CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
ABY: ,DEPUTY
MFI:KCSD8-1.bod
Board Order
Kensington Community Services District
August 6, 1996
- Page 2 -
BACKGROUND:
In a letter dated April 22, 1996, Bay View Refuse and Recycling Inc. has requested that
the County enter into a Franchise Agreement with the company to provide Solid Waste
Service to the Kensington area. This matter was set for hearing before the Board of
Supervisors on June 25th. At that hearing staff presented four Franchise Agreement and
Memorandum of Understanding options in Draft form that the Board might choose to enter
into with either the Solid Waste service provider or the KCSD. A representative of the
KCSD indicated that the District preferred to continue their Franchise Agreement with Bay
View and enter into a Memorandum of Understanding with the County. Bay View indicated
that they did not feel that further negotiations with the KCSD would be fruitful. The Board
continued the item for a month to allow the KCSD to negotiate an agreement with Bay View
and directed the Community Development Department to return with either a Franchise
Agreement between Bay View and the County or with a Memorandum of Understanding
that could be used between the KCSD and the County.
Subsequent to the Board meeting, Community Development and County Counsel met with
Bay View, his attorney and the General Manager of KCSD to modify the Franchise
Agreement between Bay View and the County to meet the needs of all parties. Bay View
then presented another offer to the KCSD at their meeting on July 9th. It has been
reported to staff that the KCSD agreed to accept the Bay View offer contingent upon an
opportunity to have Bay View's books examined. Bay View has agreed to the review of
their books but as of Wednesday 7/31 there had been no contact from the auditor.
Staff has requested a meeting with the KCSD staff or Board members to review and
receive local input on the Memorandum of Understanding. On July 22nd staff sent another
copy of the Draft MOU to the KCSD and offered again to meet with them to develop the
modifications that would make the Final MOU acceptable to both the County and the
KCSD. Staff had no response from the KCSD regarding further development of the MOU
until Wednesday 7/31 and has proceeded with making modifications without their input.
The documents in the Board packet include a MOU that is acceptable to CDD and County
Counsel but has had no input from the KCSD. A copy was provided to the KCSD on the
same day that it was distributed to the Board. Also attached are the comments that staff
received on July 31 st. They have not been incorporated due to lack of time. If the Board
chooses to allow additional time for Bay View and KCSD to come to an agreement then
KCSD will have another opportunity to review and comment on the revised MOU.
Also included in the packet is a Final Franchise Agreement developed as a result of the
meeting between the County, Bay View and the KCSD General Manager. This document
is ready for adoption with only minor modifications.
Staff will provide an update at the Board of Supervisors hearing on August 6 if they are
aware of any further action on the part of Bay View or KCSD.
On July 9, 1996 the Board approved an extension of the Transitional Agreement to
September 30, 1996. Staff recommends that if the Board chooses to continue this item
that they schedule it for no later than September 23rd.
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