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Home My WebLink AboutMINUTES - 12201988 - IO.1 BOARD OF SUPERVISORS I. 0. 1, FROM INTERNAL OPERATIONS COMMITTEE C tra December 12, 1988 IQ DATE'. `�W C<)* SUBJECT' REPORT ON VARIOUS LITTER CONTROL REFERRALS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Endorse the decision of the Municipal Court to increase the bail on specified litter offenses to $100, plus penalty assessments, ' providing that 1000 of the increased revenue can be retained by the County pursuant to Penal Code Section 1463 . 28 as added by Chapter 944, Statutes of 1988 (AB 1197) . If it is determined that the County cannot retain 1000 of such increased revenue from increasing the bail on litter offenses, request the Municipal Court to delay implementing such a bail increase until the Board of Supervisors has taken the necessary actions to permit the County to retain 1000 of such bail increase. 2 . Express the Board' s appreciation to the Municipal Court Judges for their cooperation in implementing a more stringent litter control enforcement program as is reflected . in the letter to the Board of Supervisors from Judge Mark Simons dated November 1, 1988 . 3 . Request the . County Administrator to determine the feasibility of having the Office of Revenue Collection undertake an intensive collection effort on fines owed the County based on referrals from the Municipal Court and report his findings and recommendations to the Board of Supervisors. 4 . Request the County Administrator to explore with the Municipal Court the feasibility of appointing 'one or more Commissioners who would specialize in handling litter violations and report his findings and recommendations to the Board of Supervisors. 5 . Request the Sheriff-Coroner to discuss with the Contra Costa Police Chiefs ' Association their willingness to require written police reports on all litter violations which clearly identifies the severity of the offense and, where possible, the estimated cost of cleaning up the litter and report his findings and recommendations to the Board of Supervisors. CONTINUED ON ATTACHMENT: X YES SIGNATURE: _yy RECOMMENDATION OF COUNTY ADMINISTRATOR �_ RECOMMENDATION OF BOARD COMMITTEE _p_ APPROVE OTHER �A /� I v,•V / SIGNATURE s : Sunne W. McPeak Tom Torlakson ACTION OF BOARD ON December 20, 1988 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT IV AND CORRECT COPY OF AN ACTION TARN AYES' NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN* OF SUPERV I SOR/�S��ON THE DATE SHOWN. CC: Listed on Page 3 ATTESTED PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY M382/7-83 Page 2 6. Request the County Administrator to discuss with the Municipal Court, the Sheriff, and the Probation Officer, the feasibility of establishing a program whereby individuals convicted of littering offenses could be required to participate in an organized litter clean-up program and report his findings and recommendations to the Board of Supervisors. 7. Introduce the attached ordinance which requires as a condition of a land use permit for a fast food restaurant in the unincorporated area of the County that the owner keep the premises cleaned up as well as picking up litter originating from the restaurant from public property for an area within 400 feet of the restaurant and on private property if requested by the owner of the private property, and to post a bond, or other security, to insure that the County will be able to get the premises cleaned up if the owner fails to do so, waive reading, and fix January 10, 1989 for adoption of the ordinance. 8 . Request the Community Development Department to circulate County. Counsel' s memo of December 5, 1988 proposing guidelines for the franchising of solid waste collection in the unincorporated areas of the County to all franchised haulers in the County, indicating that our Committee is considering recommending these guidelines to the Board of Supervisors and requesting their comments on the guidelines, and return to the Internal Opeations Committee on January 9, 1989 with those comments. In addition, advise the haulers of the Internal Operations Committee' s meeting on this subject January 9, 1989 at 10: 00 A.M. and invite their attendance if they wish to provide comments directly to our Committee. 9. Request County Counsel to research whether the Board of Supervisors could dedicate the additional fines imposed by the Municipal Court for litter violations to a solid waste public education fund and report his conclusions to our Committee on January 9, 1989. 10 . Remove as referrals to our Committee the following referrals relating -to litter, leaving on referral to our Committee only the reports requested in items 8 and 9 above: A. Solid Waste and resource recovery issues referred to our Committee October 20, 1987. B. Letter from Charles Papke regarding recycling in waste management issues referred to our Committee July 12, 1988 . C. Illegal dumping issues, including ordinance amendment to increase penalties and impact on consumers referred to our Committee October 27, 1987 . D. Commercial businesses litter pick-up requirements referred to our Committee July 19, 1988 . 11. Refer to the 1989 Internal Operations Committee jurisdiction over all litter, resource recovery and recycling issues as has been the practice in the past, in lieu of having a separate Recycling Committee. Page 3 12 . Specifically refer to the 1989 Internal Operations Committee the various litter-related items which are on referral to the Health Services Department as outlined in the attached December 8 memo from Jim Blake of the Health Services Department, requesting that the Health Services Director provide the 1989 Internal Operations Committee with a status report on these issues by April 1, 1989 and quarterly thereafter. BACKGROUND: On November 1, 1988, the Board of Supervisors approved a report from our Committee on a variety of litter issues and requested reports on a variety of subjects from various County staff. Those reports were all filed with our Committee on December 12, 1988. We were particularly pleased with the cooperation which has been shown by the Municipal Court as outlined in Judge Simons ' letter which the Board of Supervisors received and referred to our Committee on November 29, 1988 . A number of the above recommendations stem from that letter and our discussions December 12 with Roy Chiesa. We are also extremely pleased to recommend the introduction today of an ordinance that should help to keep future fast food restaurants from littering the areas near these restaurants by requiring the owner to keep paper, cups, and other litter, picked up not only on their own property, but on public property for 400 feet in all directions and on private property when requested to do so by the owner of such private property. We are also reviewing guidelines proposed by County Counsel for the franchising of solid waste collection in the unincorporated areas like West Pittsburg and Discovery Bay which currently do not have franchised service even though haulers do pick up garbage in those areas. We will be reviewing the comments of the haulers to these proposed guidelines on January 9 and will forward our recommendations to the Board following that meeting. We believe that our Committee and the full Board of Supervisors have made substantial progress in dealing with the problems presented by litter in our community during 1988, and we hope that the 1989 Internal Operations Committee will continue to work on this problem. cc: County Administrator County Counsel Director, Community Development David Okita, Assistant Director, Community Development Chair and Members, Solid Waste Commission The Hon. Mark Simons, Chairman, Municipal Court Judges Association Roy Chiesa, Municipal Court Administrator Richard Rainey, Sheriff-Coroner Jerry Buck, County Probation Officer Kerry Harms-Taylor, Assistant Administrator--Finance George Roemer, Director, Justice Systems Programs John Gregory, Management Analyst �~ CONTRA COSTA COUNTY �r HEALTH SERVICES DEPARTMENT ENVIRONMENTAL HEALTH DIVISION TO: Board of Supervisors DATE: December 8, 1988 Internal Operations Committee FROM: Mark Finucane SUBJECT: Litter Control Activities Health Services Director BY: Daniel Bergman • e 4g., � Assistant Health Services Director In response to your request, we are providing a status report on our litter control activities. 1. We have not received any responses from cities regarding their intent to require permits from waste transporters. 2, Health Services has contacted 39 people or firms regarding the requirement for a permit to transport refuse. We re- ceived 7 requests for permits which have been processed for submittal to the Board of Supervisors. Six (6) firms in- dicated they no longer transport. We are sending a second reminder to the 26 firms that have not responded to our initial letter. 3. As far as we can determine the Solid Waste Commission has not received any responses to its letters asking the cities to enforce a mandatory solid waste subscription ordinance. 4. We have not received any responses to the letter to fran- chising agencies asking that each franchise agreement contain a requirement that collectors provide the franchisor with information on non-subscribers. 5. The franchised collectors have not contacted us regarding the letter calling to their attention refuse falling off collection vehicles. 6. Four (4) collectors have submitted lists of non-subscribers . The letter signed by your committee was not transmitted to the collectors until December 3, - 1988. 7. Health Services has contacted approximately 500 non-subscribers regarding the requirement for subscription. A number have since subscribed and several have asked for exemption from mandatory service. We are currently reviewing all of the questionnaires to determine the appropriate action to take. -9 8/81 5M