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Home My WebLink AboutMINUTES - 07221997 - D8 TO: BOARD OF SUPERVISORS Contra FROM: HARVEY BRAGDON Costa DIRECTOR OF COMMUNITY DEVELOPMENT C;o) / DATE: July 22, 1997 "'� �� SUBJECT: IMPLEMENTATION OF FRANCHISE FEES FOR GARAVENTA ENTERPRISES AND PLEASANT HILL BAYSHORE FRANCHISE AREAS AND ALLOCATION OF SOLID WASTE FRANCHISE FEES TO SOLID WASTE PROGRAM OPERATION SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: APPROVE the initiation of Franchise Fees in the areas served by Garaventa Enterprises and Pleasant Hill Bayshore as allowed by their Franchise Agreements with the County-, effective July 1, 1997 and allocate funds to the Solid Waste Programs for the-'- unincorporated he-'- unincorporated County. FINANCIAL IMPACT Currently County areas in East County served by these haulers pay no franchise fees though collection of fees has been authorized since October, 1995. The fees will provide some of the funding for the State required Solid Waste Program development and implementation and reduce the need to draw on the County General Fund. The fees will accrue to the hauler but not be passed on to rate payers until the rate review is completed. The anticipated revenue is $205,400 to the County. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON July 22, 1997 APPROVED AS RECOMMENDED OTHER x Please see addendum (attached) for a list of speakers and Board action, VOTE OF SUPERVISORS UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND AYES: 2,3,5 and 4 NOES: 1 CORRECT COPY OF AN ACTION TAKEN AND ABSENT; None ABSTAIN: Nnna 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 j,j,22,_19_47 PHIL BATCHELOR, CLERK OF THE B A D OF SUPERVISORS AND C TY ADMINI TOR MF:rw hristine Wampler J:\Groups\cdadpool\mary\ffee520.7bo Board Order Implementation of Franchise Fees July 22, 1997 Page 2 Background/Reasons for Recommendations The goal of resource recovery programs is to reduce the amount of waste deposited in landfills. From the base year of 1990 a state required reduction of 25% by 1995 (achieved) and 50% by 2000 is the goal. Besides the goal the County is required to develop and operate the programs identified in the Source Reduction and Recycling Element (SRRE) approved by the State of California in 1993. The pertinent sections are attached. The state regularly checks the percentage of diversion and the progress on implementing programs. When programs are not being implemented the State takes greater interest in the diversion process. The State Solid Waste Board is sending mixed messages. They are out assuring counties that they will not be mean but staff is proceeding deliberately and systematically. Implementing the required programs will require a budget and a staff. Our first goal therefore, is to assure a source of funding. Contribution from two sources is appropriate. The first mechanism is the inclusion of Franchise Fees placed on waste hauling Franchise Agreements throughout the unincorporated county area. As we review each Franchise Agreement we will also review the level of service and determine if it is the appropriate time to implement any new services. New rate structures which include Franchise Fees, variable can rates and any other necessary modifications to service levels will then go to the Board of Supervisors for approval. The second mechanism involves assuring that all county waste landfills, either in the county or out of county, be assessed the $.15 per ton landfill fee approved by the Board of Supervisors.- Despite the county reporting requirement, waste directed to out of county landfills do not contribute. It is anticipated that these two actions will provide adequate funding to provide for staff to implement the necessary waste reduction programs. Our first effort is to have every county customer pay a county franchise fee. Since 1993, the County has entered into Franchise Agreements with Solid Waste Haulers in the majority of the unincorporated residential and commercial areas. All of the Franchise Agreements allow for the collection of Franchise Fees for the purpose of administering the Franchise Agreements, providing for solid waste programs and meeting the State requirements for reducing the amount of waste disposed by 50% by the year 2000 (AB939). The responsibilities above were originally supported by fees from the Keller Canyon Landfill. When those fees were dramatically reduced in 1994, the Solid Waste programs were left with minimal financial support. Franchise Fees were then applied as new rates were set or new Franchise Agreements were entered into. The RSS rate adjustment for EI Sobrante, North Richmond and other unincorporated communities served by RSS and the Central Contra Costa Solid Waste Authority Franchises which serve the unincorporated areas of Alamo, Blackhawk, Walnut Creek, etc. included Franchise Fees of 5% in 1995. The Franchise Agreements for Crockett and Kensington in 1996 also included 5% Franchise Fees in the rates. The only areas of the County where Franchise Fees are not currently being collected are in the areas served by Pleasant Hill Bayshore Disposal (BFI) and Garaventa Enterprises. The result is that approximately one-half of the households in the unincorporated County are providing the full support for the programs that are provided to the benefit of all residents. Once funding is assured, staff can focus on implementing programs as outlined in the Source Reduction and Recycling Element (SRRE). The County is required to provide an Annual Report to the state which outlines the amount of reduction in landfilled waste and describes which of the approved source reduction and recycling programs have been implemented. Board Order Implementation of Franchise Fees July 22, 1997 Page 3 Background/Reasons for Recommendations (cont'dj The program areas the State expects to see this year include: • Variable Can Rates: establish variable can rates, including mini-can rates throughout the unincorporated area; • Residential Curbside Collection: continue, evaluate and expand curbside recycling programs to include as many materials as practical; • Multi-Family Collection: continue, evaluate and expand existing and planned apartment, condominium and mobile home park multimaterial collection programs; • Reusable Pick-up Days: explore the feasibility of establishing reusable pick-up programs; • Establish Yard Waste Collection Programs: require waste haulers to establish collection programs for source separated yard waste from residences and businesses in the unincorporated communities; • Public Outreach: develop Countywide publicity and public education/outreach programs; 0 Commercial Recycling: provide technical assistance regarding source reduction and recycling to commercial businesses; • Home Composting: continue, evaluate and expand Home Composting program; including free workshops and discounted compost bins; • Household Hazardous Waste: coordinate with Health Services Department, solid waste authorities and solid waste haulers regarding Household Hazardous Waste programs; • Bay Area Wide Source Reduction Programs: participate in the third annual Bay Area Shop Smart campaign, Business Waste Reduction campaign and Edible Food Donation campaign. Some of these programs need to be in place by 1998, others need to be initiated to continue to receive the support of the State. In addition, the Projected cost for administering the Franchise Agreements includes overseeing rate reviews and customer satisfaction surveys, reviewing service levels and enforcement of all ordinance requirements. Estimates have been provided below to indicate the anticipated cost to operate or initiate each program. Some of the programs, such as variable can rates have been initiated in some areas but not in others. Solid Waste Franchise Income The County currently collects a Franchise Fee in the following areas of the County; West County area served by RSS (5%) including EI Sobrante Crockett/Port Costa area served by Crockett Garbage Service (RSS) (3% until 1/99) Kensington area served by Bay Area Refuse and Recycling Inc. (5%) (2 of the 5% may go to a Local Advisory Committee if one is formed) The Central Contra Costa Solid Waste Authority area served by BFINWM (5%) No Franchise Fee is collected by the County in the areas served by BFI and Garaventa Enterprises. Board Order Implementation of Franchise Fees July 22, 1997 Page 4 • Background/Reasons for Recommendations (ConVd2 It has been the County practice to offer 40% of the Franchise fee to local Sanitary Districts or Local Advisory Committees that wish to stay actively involved in developing and operating the required SRRE programs and in providing advice to the Board of Supervisors regarding the administration of the Franchise Agreements. lronhouse Sanitary District intends to do this. Current practice is to set aside 20% of the 5% Franchise fee to pay for special studies or projects assigned by the Board. The current income from Franchise fees is approximately $255,700. If Franchise Fees were provided from the BFI/Garaventa areas the additional amount would be approximately $205,480 assuming a portion of the fees going to the local Sanitary Districts. The combined existing and proposed income amount would provide approximately $354,000 for Administration of Franchise Agreements and implementation and operation of SRRE programs and approximately $107,000 annually for the special study fund for audits and other studies the Board may consider. Other solid waste income currently consists of$.15 per ton disposed at the landfills, which pays for the Recycling Guide and Hotline, AB 939 reporting responsibilities and several Bay Area Wide programs and Franchise Fees for '/2 of the unincorporated area, which pays for all of the remaining programs and Franchise Administration. Staff also received fees for performing specific planning reviews such as EIRs, closure plans and solid waste permits. Our alternative will be to identify the critical work to be done and keep track at what cannot be accomplished. In order to develop a viable solid waste program a dependable source of income is necessary for the division. The County is subject to fines of up to $10,000 per day if the State determines that the County has not met their obligation to provide the required programs and to reduce waste disposal by 50% by 2000. Related activities within the division: 1. Complete the EIR for the West Contra Costa Sanitary Landfill (WCCSL) Hazardous Waste Management Facility Closure/Postclosure Maintenance Plans. Project and EIR will be subject the approval of the Lead Agency, Department of Toxic Substances Control (DISC). 2. Assist the County Health Services Department/Environmental Health Division as Local Enforcement Agency (LEA), upon request, with CEQA compliance where they have been designated as the Lead Agency. 3. Respond to requests from Erickson for assistance in seeking necessary approvals and meeting required conditions prior to operation of their hazardous waste facility which was approved for the North Richmond area. 4. Continue on-going Implementation/Mitigation Monitoring Programs for the following facilities (including approval of phased development as well as oversight regarding other requirements in the Land Use Permit): a. Acme Fill Waste Recovery and Transfer Station (a.k.a. BFI/Solid Waste Transfer and Recovery Station); b. Keller Canyon Landfill (including implementation of the Payout Process as directed by the Board of Supervisors and negotiation to reduce residents' concerns); Board Order Implementation of Franchise Fees July 22, 1997 Page 5 C. West County Integrated Resource Recovery Facility (IRRF), including the Central Processing Facility (transfer station) and Bulk Materials processing Center; Cl. WCCSL Soil Remediation Facilities; e. Central Contra Costa Sanitary District's Household Hazardous Waste Collection Facility; and f. Assisting the Health Department in maintaining collection of Household Hazardous Wastes; g. Assisting Delta Diablo to construct their drop off facility. 5. Respond/comment regarding the U.S. Department of Energy's proposal for the importation of spent nuclear fuel rods to Concord Naval Weapons Station, as directed by the Board. (Spent to date) The following represents budgeting by program. The numbers are estimated and rounded because limited funding has not permitted a systematic approach. Actions have been taken in response to crisis, opportunity and available time. Complaints such as those made by EI Sobrante regarding inadequate monitoring and follow through on recycling issues can be anticipated under current circumstances. Projected Solid Waste Programs and Cost for 1997-98: Franchise Review and Administration Negotiation of Franchise Agreements & MOU's, administration of existing Franchise Agreements (includes overseeing rate reviews and customer satisfaction surveys, reviewing service levels and enforcement of all Franchise Agreements and nance-requirements) WCCIWMA(JPA) RSS Franchise $10,000.00 Crockett Garbage Service $5,000.00 Bay View Refuse and Recycling $5,000.00 CCCSWA(JPA) $5,000.00 BFI Franchise(s) $6,000.00 Mountain View SD $5,000.00 Rodeo SD $5,000.00 Garaventa Franchise(s) $10,000.00 Ironhouse SD $10,000.00 Byron SD $10,000.00 Mandatory Subscription $10,000.00 Subtotal $81,000.00 Board Order Implementation of Franchise Fees July 22, 1997 Page 6 County Counsel Projected County Counsel Costs $87,000.00 County Counsel is heavily involved in negotiatin Franchise Agreements and MOU's and represents the County in litigation. 1997 Unincorporated Area Programs Source Reduction Programs Required by AB939; programs designed to reduce the amount of waste entering the wastestream. Variable Can Rates Implementaion $7,000.00 Reusable Pickup Days $7,000.00 Countywide Source Reduction Programs Vocational Training $2,000.00 Business License Fee Reduction $2,000.00 Fast Food Packaging $2,000.00 Disposable Diapers $2,000.00 Resource Evaluations $10,000.00 Recycling Programs AB939 requirement; Programs that enhance the availability of secondary materials for the production of new items. Residential Curbside Collection $5,000.00 Multi-family Recycling $5,000.00 Develop Drop-off Centers $5,000.00 Establish New Buy-backs $2,000.00 Establish comm/ind collection routes $10,000.00 Countywide Recycling Programs Ordinance Revisions $15,000.00 Develop COA for Constr/Demo Debris $5,000.00 Return to Source Plastics Drop-off $5,000.00 Board Order Implementation of Franchise Fees July 22, 1997 Page 7 Composting Programs AB939 requirement; Programs that divert greenwaste and foodwaste from landfills to the production of usable compost products. Establish Composting Facilities $10,000.00 Establish Yard Debris Collection Programs $10,000.00 Establish Curbside Collection of Food Waste $5,000.00 County-wide Composting Programs Commercial Public Education $5,000.00 Land Use Permit Review $5,000.00 Special Waste AB939 requirement; Programs that provide for wastes that require procedures different from those normally used for municipal solid waste. Monitor Ag.Waste Disposal Practices $2,000.00 Merrithew Hospital Program $2,000.00 Sewage Sludge $2,000.00 Reduce Tire Disposal $2,000.00 Household Hazardous Waste $2,000.00 Education and Public Education AB939 requirement; Development and provision of publicity and educational programs designed to encourage public participation toward reaching AB939 goals. Develop Countywide Publicity Programs $20,000.00 Annual Reminders $10,000.00 Annual Mass Media Program $20,000.00 Countywide EPI Program Speakers Bureau $5,000.00 Oversight and Coordination of Franchisees'EPI campaigns $2,000.00 RMDZ $10,000.00 Ad Hoc Solid Waste Committee5$ .000.00 Preparation and follow-up for the=ofSupervisors Ad Hoc Solid Waste Subtotal $186,000.00 TOTAL $354,000.00 J:groups\cdadpool\maty\ffee520.7bo D.8 ADDENDUM Item D.8 July 22, 1997 Mary Fleming, Community Development Department, presented the attached report and recommendation to the Board of Supervisors. Chairman DeSaulnier invited the public to comment on the issues and the following persons spoke: Dorothy Sakazaki, Mt. View Sanitary District, 737 Central Avenue, Martinez; Dave Levy, Mt. View Sanitary District and Rodeo Sanitary District, 1390 Willow Pass Road, Suite 200, Concord; Richard Luchini, Rodeo Sanitary District, 912 Hawthorne Drive, Rodeo; Joan Gallegos, 239 Cambridge Avenue, Kensington; and David R. Contreras, Mt. View Sanitary District, P.O. Box 2757, Martinez. All persons desiring to speak having been heard, the Board members discussed the issues and took the following action: 1. DECLARED the Board's intent to impose a franchise fee on areas served by Browning Ferris Industries (BFI) and Garaventa Enterprises; 2. DELAYED implementation of the franchise fee until the following conditions are met: a. The completion of the rate review methodology; b. The rate review process and negotiations occur; and C. That the Board of Supervisors declares it's intent that the franchise fees be used primarily for solid waste purposes in an amount to be agreed to by the Board following completion of the rate review. cc: Community Development Department Solid Waste Franchise Fees for Contra Costa County Jurisdictions Franchise Agency Formula Annual Revenue Antioch' Flat Fee $140,970 Central Contra Costa Solid Waste Authority2 Danville 5% $199,000 Lafayette 5% $105,000 Moraga 5% $ 70,000 Orinda 5% $ 96,002 Walnut Creek 9% $536,000 Unincorporated County 5% $140,000 Clayton 5% (gross receipts) $ 40,000 Concord Flat Fee` $800,000 EI Cerrit03 6.5% (gross receipts) $170,000 Hercules3 Flat Rates $ 62,500 Ironhouse Sanitary District' 2% (gross receipts) $ 40,000 Kensington 5% (gross receipts) $ 30,000 Martineze 10% (gross receipts) $440,000 Pinole3 Flat Rates $ 38,496 Pittsburg' 7% (gross receipts) $464,137 Pleasant Hil13 10% (gross receipts) $441,000 Richmond 2.5% (gross receipts) $208,500 San Pab103 Flat Rate($10,000/month) $120,000 San Ramona 10% (gross receipts) $275,000 Unincorporated West County3 5% (gross receipts) $ 90,504 (RSS) NOTES: ' = Fiscal Year 1995 - 1996 2 = Contract Year March 1, 1997 - February 28, 1998 3 = Fiscal Year 1996-1997 4 = Concord has a flat rate of$800,000 or 5% of commercial and 6.9% of residential, whichever is the greatest. s = The rate is tied to increases in population and to the rate of single can service. s = Based on the average for the last 4 quarters. = 2nd quarter 1996 through 1 st quarter 1997 RMF1:formula.fF June 4, 1997 C O C. N co O O �, ca O � O_ a)C G + N CCIO CD t O O LO U) O O O v O Lr- TMIO N O O O .. _ O O N C ` O C V ` 0 ` r 04 W oD O o C2 CQ op N O C C a) G E Z d a N o Z m rn rn rn rn rn rn w LU � V N Q W W co n rn cD ch W L � aXi d� Q o m` C m E N U mES 4) COaa) Z = °' :3 z m = N c = cy m ami 0 - c m cu .0 Cco � o o 0 o mw m co °a u) li tn M 0O c H cm c a' a m = >, o Y a) N tQ L1. .w ca U O` co V >, N O` Co V1 n m o CD w v m c m O m > � a) ~ cn Z vi 4= w V O CO 2 N N_ CO W O c C C c c �+ >► c m :3v, W C U V E U U U �m oE co Cr _ m H m VQ Lo ov cc U- o �!:;Z 9 vc � N Overall Solid Waste Programmatic Revenues and Functions Short Fall Current Projected with Current Program jncome Costs Income Countywide AB939 Programs. Funding comes from $.15/Ton fee at the landfills and pays for programs with a Countywide benefit. See page 1 of Solid Waste Budget Summary FY 97/98 $101,000 $101,000 $0 Franchise Review and Administration. Funding comes from Franchise Fees and covers the cost of developing and implementing Franchise Agreements and Memorandums of Understanding, overseeing rate reviews and customer satisfaction surveys, reviewing service levels and enforcement of all Franchise Agreements and ordinance requirements and the cost of County Counsel services on Franchising issues. $109,000 $151,000 $42,000 Mandatory Subscriptions. Funding comes from fees assessed to residents seeking exemptions from the requirement to subscribe to Solid Waste Services. Funding pays for the cost of seeking exemption from the ordinance or persons not paying for or not subscribing to Solid Waste Services. $ 10,000 $ 10,000 $0 AB939 Compliance. Funding comes from Franchise Fees and covers the cost of implementing the source reduction and recycling programs required by AB939. These programs are required by the Source Reduction and Recycling Element (SRRE) which was approved by the state. The SRRE includes a schedule for implementation and an annual report to the state is required to report on County progress towards implementing programs. The County is subject to a fine of up to $10,000 per day for failure to implement the SRRE and/or failure to achieve the required reduction in solid waste landfilled. $0 $201,000 1 $201,000 Short Fall Current Projected with Current Program come sts Lnco e Solid wast Facilities Permitting. Funding is from fees assessed on the EIR preparation and Land Use Permits and covers the cost of producing and reviewing EIR's relating to solid waste facilities, processing land use permits for solid waste facilities and providing for implementation and mitigation monitoring for all of the above. $ 78,000 $ 78,000 $0 Overall Totals $298,000 $541,000 $243,000 The shortfall in the above is primarily a result of a shortage of Franchise Fees. The County is currently collecting a Franchise Fee of 5% for approximately 50% of the residents served under Franchise Agreements. The fee has been utilized as follows: 40% to solid waste programs - approximately $109,000 20% to a fund to provide for studies, rate reviews, etc., approximately $51,000 40% to a reserve fund (in some communities this amount is either not collected [Crockett] or is set aside for a local advisory Committee) - approximately. $92,000 Collecting Franchise Fees from the residents served by BFI and Garaventa would add an additional approximately $104,000 to the Solid Waste Budget. This increase would still leave a shortfall of approximately $139,000 which could be remedied by applying all available Franchise Fees to Solid Waste Programs. 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'o E a3 N W ILII � N O Z CD _ a ,0 N 0 ca C V _ E o _ 0 0 0) o m C a o 0) O c 'mE Ix o ° a w E o Q a� O (D v va o N v E m co o rn -o > ° , n rn E c m o y c c U v LL 0 v T o N W a- d ILII ^v a E C CO E �. 0 °Q a - O a H o m ca o 0 °o W U c L go 00 -a Ea E �; ro CLQ L `Qn- af°iU 0 0 .0 0. cu m E M D a� a� m o '0 O _ n W m m N IM a U U 'o L cn w = 0 L = o E N w L r °: N N N 3 (D CIO E .° ro Q w a� ~ 0 0 U m l cII L rn Q >. E o a� t O o LL d coo rr 0 N N h o U J y c •E ; -0 0 0 > c c 0 cA O N 0 E W W W U 4) C/5 0: .= 0 0 0 U « U co W w Q 1997-1998 Salary, Benefits, Overhead and Equipment for CONSERVATION DIVISION Name Title % Time Salary/Benefits/Overhead/ Support Costs Mary I. Fleming Solid Waste 100% $73,692 Programs Manager Planner IV Deidra Dingman Solid Waste 100% $49,452 Program Planner III Chris Lehon Recycling Specialist 100% $30,000 Linda Moulton Franchise 90% $49,993 Administrator Total Staff Time: $203,137 Overhead, including benefits: $219,623 Other Staff and Consultants County Counsel $90,000 Contract $27,240 Employees Total Other: $117,240 Overall Total: $540,000 5/19/97 RMF1:per-cost97 Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers rostrum before addressing the Board. Name: phone; la 2 - J-6 7/ Address: `737 I am speaking for myself or organization: � tia�vut� Omm of wpmdzsti m) CHECK ONE 1 wish to speak on Agenda Item #� Date:-2_— MY ate: --Mr comments will be: general _for�,�gainst�._.�• _. 1 wish to speak on the subject of 1 & not wish to speak but leave these comments for the Board to consider. Request to Speak Form ( THREE (3) MINUTE LIMIT z Complete this form and place it in the box near the speakers' rostrum before addressing the Board .Name.- � L� � O-V V 6 `I Address; / "q0 �L,CotJ TA,5-5 arpo (ir. am for f a 'on: K�y�b s,�,�� D�sT 1 spealung myself �` Omow of cops- salkwO CHEC✓K ONS 1 wish to rpeak on Agenda Item f _ � Date: � � '��- q My comments will be: general _for_asa dd AC . 1 wish to speak on the subject of 1 do not wish to speak but leave these comments for the Board to consider: _ Request to Speak Form � � ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board Name: Y 1 c",haj Zu C- phone: 1 am speaking for myself_ or organization: /owe (Warne of orpnizatic W CHECK ONE: _ 1 wish to speak on /agenda Ran My comments wilt be: general _for_"ai�n+sL- ._. 1 wish to Weak an the adod 1 do not wish to speak but leave these comments for the Board to conskier. P Request to S eak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: �11147-at9 '5 Address.--L attr - 1 am speaking for myself=or organlzation: (name of orpmummu C V�CX ONE: _ 1 wish to speak on Agenda Item Date: zz My comments will be: general _for_ I wish to speak on the abject of . _. 1 do not wish to speak but leave these comments for the Board to consider: Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board phone: 1\0 I am speaking for myself_ or organization: �� . ��`�P c�)� � -��` ;6 ownhatioN r CHECC7CC ONE 1 wish to speak on Agenda Item # Date: `7 My comments will be: general _for—. ga1nst . i wish to speak on the abject of _ 1 do not wish to speak but leave these con"umMits for the Board to consider. W 6 Doe yk RECEIVED Schwartz, Levy & Lavin JUL 2 2 997 Attorneys at Law C %aiurG'Ci��aac CLERK BOAR F adJi E'r`:ft ! RS 1390 Willow Pass Road,Suite 200 CoNTR;3:+:.C' TP-,�111-1111--- Concord, 11 -. .Concord, California 94520 (510) 691-7535 Telecopy (510) 691-8462 Marchmont J.Schwartz David J.Levy Beverly J.Lavin Kenneth H.Lavin July 21, 1997 The Honorable Chairman and Members Contra Costa Board of Supervisors 651 Pine Street, Room 106 Martinez, California 94553 Re: Board Meeting July 22, 1997 Item D.8 (3:00 P.M.) Initiation of Franchise Fees in the Unincorporated Areas of the County served by Pleasant Hill Bayshore Disposal, Inc. (Rodeo Sanitary District and Mt. View Sanitary District) Continued from July8, 1997 Board Agenda(Item D-10) Honorable Board Chairman and Supervisors: This letter is on behalf of Mt. View Sanitary District and Rodeo Sanitary District in strong opposition to the recommendation of the Director of Community Development that the Board implement an unsupported franchise fee to be charged against Pleasant Hill Bayshore Disposal,Inc." the solid waste haulers and "passed through" to the rate payers in the two small sanitary districts located in Supervisorial District 2. The proposal is untimely, unnecessary and arbitrary and against the best interest of the residents of Rodeo and Mt. View. We also question the legality of the procedure under recently enacted law. The legal status of the County's attempted take over is subject to serious litigation that asks for a declaration of the rights of the County the Districts and haulers along with a sizeable claim for damages. We feel it would be prudent to await a judicial resolution before the County assesses unauthorized franchise fees. Yes! There is nothing in the County's enabling ordinance that authorizes the County to collect a franchise. Presently both Districts have exclusive franchises with Pleasant Hill Bayshore Disposal, Inc. Currently franchise fees are being paid to the districts by Pleasant Hill Bayshore Disposal, Inc. CAMENTS\504-011\COR\SUPERVIS.717 1 The Honorable Chairman and Members Contra Costa Board of Supervisors July 21, 1997 Page 2 For the information of the new board members and to refresh the memories of the veteran supervisors,we point to the process that has been followed. On April 4, 1995 the Board adopted a motion that the Sanitary District Boards would act as advisory boards to the Board of Supervisors but the "County take over franchise and contract with Sanitary Districts for administrations and policy recommendations". At the adoption of that motion to take over the franchises (April 4, 1995 above) Supervisor Torlakson speaking on the motion said in part: "Madam Chair,on the motion,if I may as well comment on the comments you made. The issues are not as you frame them and I would appreciate it if you would not assume what other Board members are thinking, because the issues as I intended in the motion are number one and after talking to Dorothy and Jeff about the process here would be to see that a system set up where rates would be maintained at the lowest possible basis. And,that there aren't any assumptions by any of us to pass on fees and tack them on to the district rate payers in some form, so that assumption number one is wrong..." (See attached "Exhibit A". Copy of excerpt of Minutes of Board Meeting April 4, 1995. Nevertheless,the subject report provides that the fees will be "passed through" and paid by the rate payers. There is no factual evidence upon which to base a franchise fee. Setting a fee at this time would be speculative and arbitrary as it applies to the residents who will have to pay the franchise fee as it is passed on to them as rate payers. As stated by Mr. Alexeef at the Solid Waste Ad Hoc Committee on June 18, 1997: "Staff has asked to return with additional information concerning the franchise fees and the potential programs that the franchise fees would cover, and we have submitted them based upon the information that we have. Because we have a very short history with franchise fees, we have program proposals that we were doing, and we do not have the same information as we would had we had several years of programs under -- under out belt. In other words,we don't have a metric that shows how much we spent C\CLIENTS\504-01I\COR\SUPERVIS.717 The Honorable Chairman and Members Contra Costa Board of Supervisors July 21, 1997 Page 3 in each particular year. The programs that have been selected were ones that were included in the Solid Waste Management Report that was submitted to the State several years ago as ways to reduce the amount of solid waste, and I'm ready to respond to any questions, or, if there's some specific aspects of the report that you'd like us to respond to, staff is -- staff is here to do so. See "Exhibit B". Excerpts from Reporters Transcript of Meeting of June 18, 1997. At the present time, under Proposition 218, the County's franchise fee could well be considered a property related service and under California Constitution Article XIII C Section 6 as a new, extended or increased fee shall: (1) Not exceed the funds required to provide the property related service; (2) The revenues derived from the fee shall not be used for any purpose other than that for which the fee was imposed; and (3) The amount of the fee imposed on a parcel or person as an incident of ownership shall not exceed the proportional cost of the service attributed to the parcel. It is obvious that under the requirements of Proposition 218 and the County's short history with franchise fees the report is inadequate. Relevant to the last section is our concern that the budget described in the proposal before you is questionable when compared to the 1995 reports on the same subject for the 1995/96 budget. At that time the anticipated staff costs were One hundred Thirty Five Thousand ($135,000) Dollars (included Fifty Thousand($50,000)Dollars) in County counsel costs. The review said that a two percent(2%)waste collection fee on unincorporated area franchises could provide up to Five Hundred Thousand($500,000) "in annual revenues for the administration of the County's own solid waste management programs under the County Wide Integrated Waste Management Plan and (see attached "Exhibit C", Budget Summary Comments for Year 1995/96) Solid Waste Management Programs. In all fairness to the residents of Rodeo and Mt. View we rely on the prudence of waiting until the Superior Court has heard all of the evidence and determined whether the County has the CACLIENTS\504-011\COR\SUPERVIS.717 The Honorable Chairman and Members Contra Costa Board of Supervisors July 21, 1997 Page 4 right to take over these existing exclusive franchises. Applying a duplicate and unnecessary fee at this time would be an uncalled for and unnecessary burden to assess the residents of these small unincorporated areas. Respectfully su fitted, avid J. Le Attorney fo t. ie Sanitary District and Rodeo Sanitary District DJL:ws cc: James Rodgers (by fax) Gayle B. Uilkema(by fax) Mark DeSaulnier(by fax) Donna Gerber(by fax) Joseph Canciamilla (by fax) Mt. View Sanitary District(by fax) Rodeo Sanitary District(by fax) Tom Bruen, Esq. (by fax) Bernard Knapp, Esq. (by fax) C ACLIENTS\504-01 1\COR\SUPER V IS.717 EXHIBIT A us plenty of time we ' re gonna all agree and everybody' s gonna be happy with the process and the procedure and the indemnity and the 939 requirements and it ' ll move on so. And, if we don' t, then we won' t move on. Mr . Levy: The purpose of' that letter that I filed only referred to the effect of the mention in the adhoc meeting we' re reserving out rights to protect the contracts of the franchise and in any case of tortious interference with those contractual rights which we ' ve got going with the franchisees for eleven years to come. And, of course if we can all agree to otherwise under an MOU, that would not apply but, it' s addressed just to an unilateral effort by the County as disregards the rights that the districts have and. . . . Supervisor Bishop: Thank you Mr. Levy, thank you. Ah the motion is before. . . . Supervisor Torlakson: Madam Chair, on the motion, if I may as . 'swell comment on the comments you made. The issues are not as you frame them and I would appreciated it if you would not as's'ume what other Board members are thinking, because Ehe issues as - 1-intended in the motion are number one and after talking to Dorothy and Jeff about the process here would be to see that a system set up where rates could be maintained at the lowest possible basis . And,, that there ar-en''-t—anyy—as-s-ump-tion-s—b-y—any of us to pass on fees and tack them on to the district rate payers in some form, so that assumption number one is wrong. The other assumption that you alluded to is some kind of assumption about sending waste to some other. landfill . I think we should have the option to send waste to other landfills because the marketplace may offer a better location that would be more cost effective for - the rate payers and if we don' t exercise some option in controlling that waste stream, we may not be able to afford the rate payers an opportunity for a lower rate or avoid cost increases that may occur at Keller Canyon. So, I think that that is a very logical part of this whole process, and the way again the motion is framed, we ' re talking about going into negotiation and trying to address the details .: that all of us have raised as well as the representatives from Rodeo and Mt . View Sanitary Districts . So, I think this gives us a time-frame and a process for working something out that will be beneficial to the rate payers . Supervisor Bishop: Before we go to a vote, just a minute Mark, before we go, to a vote, I would like to say that we all have �. different views of what is going on and what my assumptions being OEM inaccurate or accurate and, it' s unfortunate that the CCTV camera only goes up here. Frequently when I 'm speaking, when you say you and Dorothy agree on something and when I say Dorothy and I W agree on something and then you and I disagree I 'm seeing a nod of Dorothy' s head back there going I. agre,e with Gayle. And, what she was agreeing with was that the fifth alternative that we have here, as Richard is smiling- too, the fifth alternative best meets the needs of the rate payers in Mt. View and Rodeo and is not a slap in the face to the Rodeo or the Mt . View Sanitary Districts . I am hopeful that we can work out an MOU but, we can' t make any bones about what is really going on here. And, what is really going on here is the County trying to add to its coffers, . . . AM Printed on Recycled Paper 2o%Post consumer Waste EXHIBIT B 1 MR. DeSAULNIER: Good afternoon, everyone . ` 2 All right . We start with -- yeah. It depends . 3 We' ll do introductions , at least here at the front of the . 4 table, so everyone who doesn' t know who everyone is -- 5 which is hard to believe . It seems we all know. 6 My name is Mark DeSaulnier. I 'm on the Board of 7 Supervisors . I represent District 4 - 8 MR. CANCIAMILLA: Joe Canciamilla representing 9 District 5 . 10 MS . FLEMING: Mary Fleming with the Community 11 Development Department . 12 MS . DINGMAN: Deidra Dingman with the Community 13 Development Department . 14 MS . MOULTON: Linda Moulton, Community Development 15 Department . 16 MR. ALEEXEF : Val Aleexef, Growth Management . 17 MR. KETTER: Milt Ketter, E1 Sobrante Mac . 18 MR. DeSAULNIER: That' s fine . If other members 19 speak, maybe they can just identify themselves when we 20 call upon each item if you wish to speak . 21 We' ll start with No . 1, which is consider imposing 22 Francise Fee for the unincorporated areas .served by 23 Garaventa Enterprises and BFI/Pleasant Hill Bayshore 24 Disposal . 25 MR. ALEEXEF : Staff has asked to return with 26 additional information concerning the franchise fees and Certified Shorthand Reporters ti8I8doneffiS 2 2321 Stanwell Drive•Concord,CA 94520-4808 REPORTING SERVICE.INC. P.O.Box 4107•Concord,CA 94524-4107 EXHOBIT-4- (510)685-6222•Fax(510)685-3829 1 the potential programs that the franchise fees would 4 " 2 cover, and we have submitted them based upon the F'`k 3 information that we have . 4 Because we have a very short history with franchise 5 fees , we have program proposals that we were doing, and we 6 do not have the same information as we would had we had 3'=: 7 several years of programs under -- under our belt .. 8 In other words, we don' t have a metric that shows 9 how much we spent in each particular year. The programs 10 that have been selected were ones that were included in - 11 the Solid Waste Management Report that was submitted to 12 the State several years ago as ways to reduce the amount 13 of solid waste, and I ' m ready to respond to any questions, ,. 14 or, if there' s some specific aspects of the . report that 15 you' d like us to respond to, staff is -- staff is here to 16 do so . 17 MR. CANCIAMILLA: When is the rate review scheduled 18 to occur? 19 MR. ALEEXEF : Well, the rate review is planned for 20 probably after summer. We have started with the company 21 on the methodology, and the first process is to develop 22 the methodology under which the rates will be reviewed, 23 and then the rate review follows -- follows that , so maybe 24 you have that -- we' ve been talking . 25 There was a conference call today with the auditing 26 firm, so - - Zanlfto aelIa Certified Shorthand Reporters 3 2321 Stanwell Drive•Concord,CA 94520-4808 REPORMG SERVICE.INC. P.O.Box 4107•Concord,CA 94524-4107 (Stint Aus�991)0 V.,r(-MON FaS_zR�o Printed on Recycled Paper 20%Post Consumer Waste EXHIBIT C Solid Waste Management Programs Contra Costa County Community Development Department FY 1995/96 Budget Summary Comments This Solid Waste Management Budget reflects direct costs for programs described in the attached "Solid Waste Management Budget.Summary: FY 95196" table. This does not include Board directed activities; i.e., referrals, research, and analyses. These would have to be considered separately and separate funding should be identified for such activities. AB 939 COMPLIANCE To initiate and maintain waste reduction, re-use, and recovery activities for the unincorporated area of the County to comply with AB 939 mandates (25% reduction in disposal by 1995; 50% by 1996). In the short term, this primarily involves extending composting and waste paper recycling efforts. To maintain waste reduction, re-use, and recovery programs of Countywide importance to assist the County and its cities to comply with AB 939. The AB 939 Compliance Programs are described further in Attachment A. Budget Review Currently, only some of the Countywide AB 939 activities are funded. They are supported by a $0.15 per ton disposal surcharge (now collected only for waste disposed at in-County facilities). This surcharge needs to be extended to wastes which formerly were disposed in Contra Costa County but which now are exported to landfills in other counties. The Countywide activities are budgeted at $100,000 per year. Current revenues are about $75,000 per year, but could increase to over$100,000 annually if the $.15 per ton surcharge were applied to all landfilled Contra Costa County wastes. - Page 1 - ITS The unincorporated area program is budgeted at $115,000 for FY 1995-96. There is no current source of revenue. In the past, these activities were funded by resource recovery monies (a$400,000 per year) from the Acme and Keller Facilities, which were removed in last year's rate reduction determinations. In the longer term, it is proposed to fund the program through unincorporated area waste collection fees. Also as noted below, these new fees, if/when imposed, would not become productive until later in the FY 1995-96 fiscal year. Of the proposed $115,000 unincorporated area budget amount for FY 1995-96, up to $40,000 may be. used for consultant services. FRANCHISE REVIEW AND ADMINISTRATION PROGRAM P-u=ses To franchise solid waste collection in the unincorporated area, directly or indirectly (through sanitary districts and joint powers agencies) to ensure adequate service and to ensure that AB 939 waste reduction and recycling goals are being met. To provide staff liaison and County representative support services to joint powers authorities. To provide staff services to mandatory subscription programs. Budget Review Of the anticipated staff costs of $135,000 (including up to $50,000 in County Counsel costs),.only $10,000 in revenue is expected from existing sources. In the past, the remaining activities were funded from resource recovery monies from the Acme and Keller Facilities; these funds were eliminated during last year's rate setting revisions. The collection of 2% waste collection fees from all unincorporated area waste collection franchises could provide up to $500,000 in annual revenues for the administration of the County's own solid waste management program and for implementation of programs under the Countywide Integrated Waste Management Plan (CoIWMP) and the County's own Source Reduction and Recycling Element (SRRE). This amount would replace the resource recovery fees formerly imposed as land use permit conditions of approval. However, the establishment of waste collection fees would likely take place over time and probably would not begin to produce income until 1996. - Page 2 - Pmvosed Funding Most franchising authorities have local fees imposed through their Waste Collection Franchise Agreements which fund solid waste administration, program development and implementation, and AB 939 requirements. The revenue for these solid waste management activities received by the franchising authorities from waste collection franchise fees ranges throughout Contra Costa County from a minimum annual revenue of $2,000 to a maximum of $735,990. The following chart shows the franchising authorities, the formula included in the waste collection franchise agreement for a waste collection franchise fees for solid waste management, and the annual revenue from that fee. Franchise Agency Formula Annual Revenue Antioch Flat Rate $ 400,000 Brentwood Flat Budget Allocation $ 150,000 Central Contra Costa Sanitary District' Expense Reimbursement $ 595,000 Clayton 5% (gross receipts) $ 13,500 Concord' 5% (gross receipts) $ 606,568 Crockett Valona Sanitary District Services in-lieu El Cerrito 6.5% (gross receipts) $ 116,880 Hercules N/A Ironhouse Sanitary District 2% (gross receipts) $ 21,702 Kensington Community Services District Flat Rate $ 2,000 Martinez 5% (gross receipts) $ 70,000 Mt. View Sanitary District Flat Rate $ 15,000 Pinole Flat Rate $ 30,000 Pittsburg` 7% (gross receipts) $ 84,178 Pleasant Hill' 7% (gross receipts) $ 309,000 Richmond 5% (gross receipts) $ 262,555 San Pablo' Flat Rate ($10,000/month) $ 33,000 San Ramon 10% (gross receipts) $ 560,000 Walnut Creek 5% (gross receipts) $ 350,000 Yearly expense reimbursement. Last year's total = 595,000. 2 5% fee is on gross receipts for industrial/commercial waste collection service; 6.4% of gross receipts is imposed for residential waste collection. 2 1993 figures were used because no response from jurisdiction received; annual revenue may be greater due to increases in collection charges resulting in larger gross receipts. 796'(gross receipts)on residential only. - Page 3 - SOLID WASTE FACELITIES PERMITTING PROGRAM To maintain the compliance of County-permitted solid waste facilities with land use permit conditions of approval and Environmental Impact Report mitigation measures. (I/MM program). This includes the administrative review of phased improvements to the permitted facilities. To administer the preparation of CEQA documents for the County Health Services Department (as the Local Enforcement Agency) for the closures of solid waste facilities under County . jurisdiction. To administer the preparation of CEQA documents for the state Department of Toxic Substances Control (DTSC), under the terms of an agreement, for the Closure-or toxic/hazardous waste facilities located in the County. Budget Review All of the Solid Waste Facilities Program is funded by applicants and permittees. Of the $619,500 budgeted for the program, approximately $240,000 would be staff-related costs (salaries, noticing, publication, etc.) and about $380,000 would be consultants' fees. M"S Page 4 -