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HomeMy WebLinkAboutMINUTES - 11011988 - IO.4 To• _ BOARD OF SUPERVISORS I. 0. 4 FROM: INTERNAL OPERATIONS COMMITTEE C Itra October 24, 1988 C )sta DATE* Co^ REPORT ON LITTER CONTROL ACTIVITIES SUBJECT: SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACI9GROUND AND JUSTIFICATION REC04MENDATIONS 1. Request the Health Services Director to report to our Committee again on December 12, 1988 at 9: 00 A.M. on the status of the various litter control actions covered in the attached status report. 2 . Request the County Administrator to report to our Committee on December 12, 19.88 at 9: 00 A.M. on the response from the Municipal Court Judges to the Board' s request that the Judges consider the implementation of a more stringent litter control and enforcement program. 3 . Refer to the 1989 Internal Operations Committee the issue of outlawing the use of styrofoam in Contra Costa County and request the Solid Waste Commission to provide a progress report to the 1989 Internal Operations Committee in May,. 1989. 4 . . Request County Counsel to prepare an ordinance establishing as County policy that fast-food restaurants and similar "take-out" establishments in the unincorporated area be required, as a condition of obtaining a land use permit, to patrol and pick up litter originating from their premises and deposited on nearby surrounding public property, and to post a bond to guarantee such clean up. In addition, the ordinance should also provide that the owner or manager of such facilities will also pick up litter originating from their premises which is deposited on private property where' they have been asked to do so. 5. Request County Counsel to include within the ordinance which is being prepared to define nuisances, or prepare as a separate ordinance, a requirement that litter from existing fast-food .restaurants and similar "fast-food" establishments be defined as a nuisance, thereby allowing it to be abated pursuant to the County' s nuisance ordinance if the owner does not keep the premises cleaned up. CONTINUED ON ATTACHMENT: YES SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE X APPRO E OTHERS SIGNATUREISI: Sunne W. McPeak (]V8 Tom Torlakson ACTION OF BOARD ON November 1 , 198APPROVED AS RECOMMENDED OTHER X APPROVED Recommendations #1 through 6 and Recommendations #8 and 9; REFERRED Recommendation #7 to County Counsel for further clarification. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. County Administrator cc: Community Development Director ATTESTED Health Services Director PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Municipal Court Administrator Chair, Solid Waste Commission BY ,DEPUTY M382/7-83 Page 2 6. Request the Solid Waste Commission to urge the cities in Contra Costa County to adopt similar ordinances regulating the litter around fast-food establishments if they have not already done so. 7. Request the Director of Community Development to move ahead with plans to franchise solid waste collection in the Discovery Bay and West Pittsburg areas. In the Discovery Bay area where there currently is a single firm collecting solid waste, attempt to negotiate a franchise with that collector. When a franchise is negotiated, advise all individuals and organizations who have expressed an interest in the franchise. If there are no objections to the negotiated franchise, forward it to the Board of Supervisors for further consideration. If there are objections, advise the Board of Supervisors of that fact and recommend whether the County should go to a competitive bid in the Discovery Bay area. In the West Pittsburg area, where there are currently at least two collection companies, encourage the two companies to come to an agreement on which company will serve which portions of the area so that a franchise can be negotiated with each. If this is not successful, issue a competitive Request for Proposals and upon receipt of responses forward a recommendation to the Board of Supervisors on which company should receive the franchise. 8 . In the case of the Bethel Island area, delay taking any action -to franchise solid waste collection until after January 1, 1989 to give the Bethel Island community an opportunity to advise Supervisor Torlakson of the community' s preferences regarding how solid waste collecti"on should be handled in the future. 9 . In negotiating franchises, or in awarding a competitive bid in the Discovery Bay and West Pittsburg areas, insure that the franchise provides for activities which will foster recycling and that the franchise includes a franchise fee which will provide revenue to the County. BACKGROUND: On August 2, 1988, the Board of Supervisors approved a report from our Committee on this subject and ordered that a number of actions be taken. On October 24, 1988, the Health Services Director reported on the actions taken by his department on a number of these assignments. Our Committee was very pleased at the progress that has been made. In several instances, while letters have been sent, no responses have been received to date. We are, therefore, asking for a further status report in December. The Solid Waste Commission has appointed a subcommittee to address the issue of outlawing the use of styrofoam in Contra Costa County and has requested sufficient time to complete their study. We have, therefore, asked that this item be referred to the 1989 Internal Operations Committee for continuing oversight. The Municipal Court Judges Association is scheduled to meet on October 26 to consider the Board' s request that the Court undertake an intensified litter enforcement program. We anticipate a response from them in the near future and have asked the County Administrator to report that response back to our Committee in December. A Page 3 On the issue of requiring fast-food establishments to patrol their premises and the surrounding area for litter, our Committee has been advised by County Counsel that this is possible to accomplish with new establishments by making this a condition of the land use permit and by requiring a bond to insure compliance. With existing firms, we believe that the same results can be accomplished by making such littering a "nuisance" and allowing the County to abate the littering if the owner does not keep the premises and surrounding area free of litter. We are, therefore, recommending that County Counsel draft the necessary ordinances and return them to the Board for further consideration. Finally, we believe that the County should move ahead with franchising solid waste collection in the Discovery Bay and West Pittsburg areas. These areas currently are served by one or more collection companies, but are not franchised by any sanitary district. We believe that Community Development should move to develop franchises in these two areas as we have noted in our recommendations. The Bethel Island community has asked that the County hold off any decision on franchising until they can determine what they would like the County to do in that area and have had an opportunity to share their thoughts with Supervisor Torlakson.