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HomeMy WebLinkAboutMINUTES - 12161997 - D15 y D =& Contra TO: BOARD OF SUPERVISORS =. Costa FROM: DENNIS M. BARRY, AICP ._.... ` County COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 16, 1997 SUBJECT: REQUEST COUNTY ADMINISTRATOR AND COUNTY COUNSEL GIVE NOTICE TO CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY (CCCSWA) BEFORE DECEMBER 31, 1997, THAT THE COUNTY INTENDS TO WITHDRAW FROM CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY (CCCSWA) ON JULY 1, 1998. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. CONSIDER advisability of giving notice of intent to withdraw from membership in the Central Contra Costa Solid Waste Authority (CCCSWA). 2. PROVIDE indication to the Central Contra Costa Solid Waste Authority (CCCSWA) that the County is opposed to the purchase of the Keller Canyon Landfill or the S.T.A.R. Transfer Station. 3. DIRECT staff to bring to the attention of the Board any further actions by the Central Contra Costa Solid Waste Authority (CCCSWA) in regards to consideration of purchase of the landfill or transfer station. 4. DEFER any further action on withdrawal from the Central Contra Costa Solid Waste Authority (CCCSWA). FISCAL IMPACT None. CONTINUED ON ATTACHMENT: ✓ YES SIGNATURE(S): ACTION OF BOARD ON Dec. 16 , 1997 APPROVED AS RECOMMENDED _ OTHER _9 Following discussion, the Board failed to approve a request to notice the Central Contra Costa Solid Waste Authority of its intent to withdraw its membership from the CCCSWA on July 1 , 1998 . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: IV, V NOES: I , I I , III AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Mary Fleming (510/335-1230) ATTESTED December 16 , 1997 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF County Administrator THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR BY -6 , DEPUTY MF:mb REQUEST TO GIVE NOTICE TO CENTRAL CONTRA COSTA WASTE AUTHORITY Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS On December 2, the Board of Supervisors, at the request of Supervisor De Saulnier, discussed the possibility of giving notice to the CCCSWA of their intent to withdraw from the CCCSWA in July of 1998. The Board requested additional information regarding the County/Authority relationship. History The County joined the CCCSWA in 1995 when the membership consisted of the CCCSD and the City of Walnut Creek. Subsequently the five cities represented by the CCCSD became members and CCCSD has indicated that they will be withdrawing to allow the Cities and County to direct the Authority in it's provision of solid waste and recycling services. The unincorporated areas that are served by the Authority are scattered pockets in the areas of Walnut Creek, Lafayette and Moraga, the Alamo, Diablo and Blackhawk communities and outlying areas adjacent to Danville and San Ramon. The Authority serves approximately 12,600 households in the unincorporated areas. Walnut Creek, Danville and the Unincorporated County are the largest jurisdictions in the Authority. See attached map for identification of service area. The unincorporated areas are shown in yellow. County Danville Lafayette Moraga Orinda Walnut Creek Total Households 12,653 12,943 7,312 4,683 6,359 14,697 56,747 County Solid Waste Budget and Expenditures The Solid Waste Division of Conservation in the Community Development Department is responsible for working with Solid Waste Franchising Agencies, for administering solid waste Franchise Agreements held by the County and for implementing the Source Reduction and Recycling programs required by the State. The County Solid Waste budget is funded primarily by a combination of Franchise Fees (ranging from 3% to 5% depending on whether or not there is a local community group providing advisory and program assistance) and Disposal Fees ($.15 per ton on waste disposed within the County). The Disposal Fee income provides funds for the Countywide efforts which benefit all jurisdictions. This includes the production, printing and distribution of the Recycling Guide and the Reuse Directory, the operation of the Recycling Hotline, the collection and compilation of solid waste disposal data and reporting, per State requirements, to Cities, Counties and the State regarding the amount of waste disposed by each jurisdiction. The portion of the budget that covers this set of responsibilities is projected to be approximately $100,00 per year. Actual costs will probably be higher due to the publishing, this year, of the Reuse Directory and an updated Recycling Guide. The income from Disposal Fees is anticipated to be approximately $100,000 per year. The Franchise Fee income is intended to provide funds for the negotiation and administration of Franchise Agreements with solid waste haulers and Memorandum of Understandings with other agencies. It also is designated to pay for the cost of implementing the solid waste reduction and recycling programs. Because the County is not yet collecting Franchise Fees from all of it's Franchise haulers the majority of this income has been used for the purpose of negotiating and administering the Franchises and Memorandums of Understanding, conducting a study of Richmond Sanitary Service operations, developing a rate setting methodology and conducting rate reviews for BFI and RSS. The portion of the budget that covers this set of responsibilities is approximately $352,000. The current income from Franchise Fees is anticipated to be $201,000 plus any Franchise Fees that might be MF:mb J:\groups\cdadpool\mary\conserv\bos\cccswa.bos D REQUEST TO GIVE NOTICE TO CENTRAL CONTRA COSTA WASTE AUTHORITY Page 3 approved by the Board of Supervisors on the BFI and Garaventa Franchises. The result of the above budget imbalance is that staff is spread very thin and is just covering the bare essentials until a solid income stream is provided with the establishment of Franchise Fees for all of the unincorporated area. CCCSWA Costs The County represents 16% of the income to the Authority. The Authority had a budget of $608,432 in 1996-97 and a budget of $800,761, which includes the cost of a rate review, for 1997-98. The Authority collects a five percent Franchise Fee for the County to use in developing and implementing the County programs. The Authority also collects funds for each jurisdiction for placement in a Rate Contingency Fund (three percent, with a current County balance of $117,000) that can be used by the County to make rate adjustments. The Authority also collects funds for it's own administrative costs. Withdrawal from the Authority would result in the County assuming responsibility for future rate reviews, (the rate review currently underway for the County/BFI Franchise Agreement is costing $58,200), for all AB939 programs in the unincorporated areas and for handling customer service problems in the unincorporated areas. The 16% proportion of the Authority administrative costs paid by the County ratepayers was approximately$97,000 in 1996-97 and is anticipated to be approximately $128,000 in 1997- 98. This includes $14,600 for the County share of the rate review. The total rate review costs for the Authority will be $91,000. The Authority costs are paid by the ratepayers who benefit from the lowest rates and most complete recycling program in the unincorporated County. CCCSWA Services to Member Agencies The CCCSWA currently administers the Franchise Agreements that provide for solid waste and recycling services in the Cities of Walnut Creek, Danville, Lafayette, Moraga and Orinda and in the adjacent unincorporated areas. They have established numerous programs that provide for services to all of the households in their jurisdiction; • Use of the Permanent Household Hazardous Waste Facility • Service area continuity- customers who live in unincorporated "pockets" within or nearby to Walnut Creek, Danville, Moraga and Lafayette receive the same services as their neighbors • CCCSWA fosters regional unity and concentrates solid waste expertise • Economies of scale in producing and distributing outreach materials, as well as administering programs and avoiding duplication of effort • The County receives $138,000 annually in Franchise Fees • Access to services provided under a grant which the CCCSWA won from the State to provide household hazardous waste outreach • CCCSWA responds to telephone inquiries and letters from member agency staff, residents, and businesses regarding recycling and solid waste matters • BFI's customer service hotline required under the CCCSWA contract provides easy access to both recycling and garbage service providers • The Authority has negotiated a disposal rate lower than has been available for individual cities or for the County's scattered service areas Attached is a more complete list of services, and a program overview provided by the CCCSWA. The curbside services that the County residents receive in the CCCSWA area are the most MF:mb J:\groups\cdadpooN-nary\conserv\bos\cccswa.bos D REQUEST TO GIVE NOTICE TO CENTRAL CONTRA COSTA WASTE AUTHORITY Page 4 complete (recycling service includes all of the items required by County ordinance) that the County, through the Authority, are currently able to provide in the unincorporated areas and the rates are the lowest due to the bidding procedure that the Authority used in seeking Franchisees. It is anticipated that after two years at the initial rate level that rates will increase next year due to higher than expected costs and lower than expected recycling revenues. Through the Authority and the benefits of working with multiple jurisdictions in a compact area, the County has been able to provide services to the community at less cost to the rate payer than in our other unincorporated areas. Two of our County Board members attend CCCSWA Board meetings and participate in decision making. At least one staff member also attends Board meetings. Staff reviews Authority staff reports and works cooperatively with them on some projects. (PHBART Commercial Recycling Program, Reuse Guide, etc.) Effect of Withdrawal If the County chose to withdraw from the Authority it would still be bound by the Franchise Agreements and by the rates that will be determined at the end of the current rate review process. These rates would be effective until March, 2000. While there would be some financial benefit to eliminating the cost of the Authority, it would be accompanied by the cost of adding work for County staff in an area that is already under funded and understaffed, as noted above. Giving notice to the Authority of the County's intention to withdraw would provide an additional six months for the County to consider the action. The new rates will be set during that period but, as noted above, will be effective until March, 2000. There would therefore be no immediate effect on rate setting. An agency that withdraws from the Authority continues to be subject to the Franchise Agreements with BFI and VWM and are required by the Franchise Agreements to have the approval of the companies to receive a partial assignment of the Franchise. If the Authority did determine that buying a landfill or transfer station was desirable, any jurisdiction, including the County, would have the right to not participate in the purchase and would therefore not participate in the cost or benefits of such action and would be indemnified and held harmless by the participating Authority members. If notice of withdrawal is given prior to January 1, for withdrawal after July 1, 1998 the County would then be required to take another action to cancel the notice if it was determined that there was no benefit to be gained by withdrawal. Withdrawal at this time would have the following probable impacts: • No rate impact for the next two years • Make the administrative costs currently paid to the Authority available to the County • Make the Authority services unavailable to unincorporated residents • County will need to expand all County SRRE programs into the unincorporated areas of Central County • Eliminate the benefits of scale and proximity that the Authority is able to provide • Increase the cost to the Solid Waste Division to administer the two additional Franchises and to expand services into the Central County areas • County will pay for entire cost of rate reviews for County area in year 2000 • Probable higher disposal costs when county negotiates new rates in 2000 • Probable need for additional County staff to handle increased workload • Reduce the budget of the Authority by 16% possibly resulting in reductions in services and/or increases in rates for the remaining members • No apparent impact on issue of Landfill purchase MF:mb J:\groupskdadpool\marykonserv\boskccswa.bos CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY SERVICE ., AREA PORE ^ $40,9wuro PrvER COMA J � �� iA CHrCgGp BAY vwrt y CLYDE ST 0 v Clg 68 4 �y PITTSBURG 4 *� MARTINEZ CaVY�N '`r PIRKWA 4 IV A v q� Imp ENTER �c t C KWY °7 CONCORD 00.0 � r{. �tFr �y LEASAN ALp EY Ro � HILL & , p CLAYTON y 8 YD `Eye ` 68 ORINDA ! "�'��ir �•, `b"" �, , "' � off t � , :' t24 .� `o gLW a Yivar� IIALNUT CREEK'; 'rF LAFAYETT ARR&.. . iiiiR:i:i°i:.:.•j�`:i<:if: ROS6MDOR Q s� Mkt .. .t:• 1; q t 4 N cANrax t ►�I�i hit c , I �l l . DAN' EIIIfTASSAJARA �I eft, QQ J�'f SAN RAMON 0 5000 To000 20000 300M FEET �• 0 1 2 3 4 571 SERVICE AREA INCLUDES THE CITIES/TOWNS OF DANVILLE,LAFAYETTE,MORAGA,ORINDA, WALNUT CREEK AND THE SURROUNDING UNINCORPORATED CENTRAL COUNTY AREAS INCLUDING ALAMO AND SLACKHAWK EXCLUDING CANYON DISCLAIMER:This map shows generalized boundaries drawn according to information provided to CCCSD and CCPWD prior to the published date.Discrepancies should be resolved with the appropriate agency and sent to CCCSD and CCPWD to be included in the next edition of this mop. GIS DISCLAIMER:No geographic information system program software was used to produce this map. Published Date :Sept 23.1997 wnesen en CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT COMPO'I'ER SERVICES•DAPPING SCIENCES SECTION fu macaw Hues MAR7urr4 cwLmou� wm O 1997 CONTRA COSTA COUNTY D. CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY 1997/98 PROGRAM OVERVI i 1700 N. Broadway Suit® 312 Walnut Creek, CA 94596 (510) 906-1801 CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY As of 7/10/97 Board of Directors Kathy Hicks, Chair Donna Gerber, Director City of Walnut Creek Contra Costa County Susan McNulty Rainey, Director Laura Abrams, Director City of Walnut Creek City of Orinda Barbara D. Hockett, Director Gregg Wheatland, Director CCC Sanitary District City of Orinda Jim Nejedly, Director John Connors, Director CCC Sanitary District Town of Moraga Gayle B. Uilkema, Director Frank Sperling, Director Contra Costa County Town of Moraga Michael K. Shimansky, Director Donald Tatzin, Director Town of Danville City of Lafayette Dick Waldo, Vice Chair Erling Horn, Director Town of Danville City of Lafayette Staff Janet Schneider Executive Director Donald Blubaugh Treasurer Sheri Johanson Secretary Kenton L. Alm Legal Counsel C:IDATAUVPDOCVVBINFOIPROGOVER.WPD D. 45 Central Contra Costa Solid Waste Authority Mission Statement The Central Contra Costa Solid Waste Authority is a joint powers authority dedicated to achieving the most environmentally sound, cost-effective integrated waste management program with quality service for the people and businesses of central Contra Costa County. C:IDATAIWPDOC%PU61NFOIPR000VER.WPO Central Contra Costa Solid Waste Authority Vision for the Future ► The waste streams of each of the member agencies to be reduced by 50% by the year 2000, in compliance with the California Integrated Waste Management Act. ► The Authority provides ongoing educational outreach as well as solid waste, recycling, and composting programs to residents, businesses, and students. ► The Authority guarantees high quality, customer responsive, environmentally sensitive solid waste and recycling services through its franchised service providers. ► Member agencies actively participate in the mutually beneficial CCCSWA partnership. ► The CCCSWA works with educational institutions and businesses to help them reduce their waste. ► Public/private partnerships support and help implement CCCSWA goals and programs. ► Technological advances are used in every aspect of CCCSWA operations to maximize waste reduction opportunities and increase communication. ► The agency has adequate revenues to offer programs and accomplish its goals. C:OATAIWPDOC%PU&NFOV*OOOVER.WPO Central Contra Costa Scri,/ Wars/c:/authority '1997/9U Gals and Objectives These goals and objectives are organized into the following areas: Agency Administration, Franchise Administration, AB 939 Reporting Compliance, Public Information, Program Development, Home Composting and Household Hazardous Waste (HHW). Agency Administration It is incumbent upon the CCCSWA Board and its staff to: Goal: Ensure that the affairs of the CCCSWA are conducted in a prudent business- like manner through (a) administration and management activities, (b) development of internal policies and procedures as needed, (c ) co-operation and coordination with other agencies, and (d) active member agency participation. Objectives: ► Continue to develop policies and procedures as needed. ► Improve communication with member agencies, other Contra Costa cities, and agencies with similar objectives. Goal: Achieve fiscal efficiency and accountability. Objectives: ► Conduct an audit of the 1996/97 fiscal year that includes internal controls. ► Develop further policies and procedures as needed. Goal: Examine CCCSWA Board effectiveness. Objectives: ► Continue to develop methods to foster harmonious working relations among the Board members and between the Board and the Staff. ► Adopt and work with member agencies to implement proposed CCCSWA solid waste ordinance. Franchise Administration Goal: Effectively manage the franchise agreements with its solid waste, recycling, and green waste providers to ensure high quality, efficient service at reasonable costs to ensure that the ratepayers do not pay more than reasonably necessary and prudent costs. Pape 1 of 4 C:%DATAIWPDOC%PUB/NFO%PROGOVER.WPD /5' Objectives: ► Continue to monitor compliance with franchise agreements and where necessary negotiate changes in response to customer demand and/or Company requests. ► Conduct the first Companies' compensation and rate review in Fall of 1997 for rate setting March 1998. ► Monitor the performance of the Companies. ► Help residents and businesses resolve problems with the Companies. ► Review Companies' audited financial statements for 1996 for revenue reconciliation purposes. Establish and maintain a system for monitoring market demand and recycling material prices to evaluate VWM revenues. AB 939 Reporting Compliance Goal: Evaluate and monitor program effectiveness in compliance with the CIWMA. Objectives: ► Continue to work with CIWMB staff to finalize and receive CIWMB Board approval for the 1995 Annual report. ► Complete annual report for each member agency (except the County and CCCSD) to distribute to the CIWMB by August 1, 1997. Explore the feasibility of becoming a regional agency recognized by the State for the purpose of solid waste planning and achievement of state mandated goals. ► Ensure that planned activities and diversions are being accomplished by monitoring monthly and quarterly information required by franchise agreements, consulting agreements and CCCSWA adopted ordinances. ► Monitor legislative and regulatory changes in the landfill diversion requirements. Public Information Goal: Serve the central Contra Costa County region by providing information and education to its member agencies and their residences, businesses, and schools in the area of solid waste, recycling, composting, household hazardous waste handling to assist them in reducing the amount of disposed waste. Objectives: P. Continue to develop and distribute quarterly newsletter for residents. ► Continue to develop and distribute recycling and waste prevention guides and brochures to residences and businesses. ► Continue increasing communication through the use of the CCCSWA web site on the Internet. ► Continue to work with the print and electronic news to promote CCCSWA programs. ► Continue to speak upon request to promote resource recovery activities. ► Continue to work with other agencies to avoid duplication of efforts. Page 2 of 4 C:U)ATAIWPOOCUIU&Nr-OY-ROGOVER.WPO Program Development Goal: Continue to improve and initiate innovative CCCSVVA programs to maximize waste prevention and resource recovery and increase. participation in the CCCSWA-sponsored programs. Objectives: Schools ► Continue to work with the schools to increase school-based education through curriculum and recycling infra-structure development, presentations and special events at school sites. Businesses ► Develop a CCCSWA commercial recycling plan that (1) promotes commercial recycling through the development of education materials, (2) provides technical assistance to businesses so that they (a) reduce the amount of waste they generate, (b) separate for reuse as many potential waste materials as possible, as well as (c) recycle and compost as much as possible, and (3) involves the Chambers of Commerce, and attendance at business events and meetings. ► Continue to permit and promote the services of the CCCSWA's permitted recyclers. , ► Monitor the permitted recyclers' diversion reporting and numbers of businesses participating. ► Promote the CiWMB's Waste Reduction and Awards Program. ► Develop waste prevention and/or recycling campaigns targeted to specific types of businesses. Member Agencies ► Continue to provide direct assistance and guidance to member agencies in developing and implementing waste prevention practices. ► Help member agency staff design and implement recycling and composting activities. ► Support member agencies in implementing programs that exhibit leadership and help publicize those programs in the community. ► Help member agencies implement procurement policies that give preference to items and products made with recycled content and/or are recyclable. ► Attend council meetings, community meetings, and local fairs and festivals. Waste Prevention and Reuse ► Continue participating in Bay-Area waste prevention group to develop and conduct Bay-Area waste prevention education campaigns. ► Develop waste prevention and reuse information and program. Pepe 3 of 4 C.DATAW&DOCIPUBINFOVIROGOVER.WPD D.is Home Composting Goal: Make home composting instruction convenient and accessible to all interested residents and simplify methods of effective composting and other yard waste reducing techniques. Objectives:. ► Continue providing information and technical assistance to residences through use of a hotline and workshops. ► Continue partnership with two local non-profit gardens-Heather Farm Garden Center and the Crow Canyon Institute. ► Upon request, continue providing special workshops and presentations to interested groups. ► Continue distributing free instructional video tapes and guide books. ► Continue supporting a home composters network to help with recruitment and promotion of the program. ► Monitor participation in program and program effectiveness in achieving waste reduction. ► Continue distributing home composters at the CCCSWA subsidized price. HHW Goal: Educate residents on alternatives to HHW and provide for the proper disposal of HHW through good faith efforts. Objectives: ► Finish the MSE contract and pay for the provision of HHW mobile collection services monthly to residences and CESQGs on behalf of its member agencies. ► Continue to work with the Central Contra Costa Sanitary District and other central Contra Costa cities to plan and promote HHW activities for residences and businesses. ► Monitor participation in program and program effectiveness in achieving waste reduction and increased proper HHW disposal. ► Explore the feasibility of accepting recyclable HHW materials at the Walnut Creek recycling center. ► Administer and fulfill the grant requirements of the CIWMB HHW grant. ► Educate residences and businesses as to the availability of both the permanent and mobile collection opportunities once established at CCCSD. ► Work with Clean Water program, Lindsay Museum and CCCSD to formulate cooperative arrangements for a unified message to avoid redundant efforts. ► Promote used motor oil recycling. Pepe 4 014 C:IDA TAIWPOOCVNJBINFOIPROGOVER.WPO 0 o. WCD co co � co � �: o c• W c� y 1 1 1 � 0o r n Q M W � `o � . CD . . a r-i- ?�. CD C � OrC7n o o � CIOQ = cam 1997/98 Fiscal Year Budget Est. Beginning Balance - July 1 , 1997 $ 419,817 Estimated Revenue: Less: Allocated Reserve' $ (13,332) Revenue - Administrative 257,052 Revenue - SRRE 388,320 HHW Grant Funding 61 ,500 Miscellaneous Revenue 11000 Estimated Interest 25,000 Total Revenue 719,540 Total General Funds Available $ 111399357 Estimated Expenses: Personnel Services $ 262,570 Material & Supplies 31 ,602 Rent/Utilities 29,806 Professional Services 221 ,000 .Public Information/Programs 255,783 Total Estimated Expenses 8001761 Estimated Fund Balance - June 30, 1998 $ 338,596 ' Allocated for next rate review professional service expense expected to begin 9/1/2000($100,000/30 months) 7/10/97 11:06 AM c:Watalexce/docWudget197fiscaA97-98op profonna97 1997/98 Fiscal Year Expenditure Breakdown Unappropriated Fund Public Info/Programs Balance 22% 30% Personnel Services Professional 23% Services RenUUtilities o Material 19% 3% & Supplies 3% I c:ldatalexceldoclbudgetl97frscalyrl97-98OP.xls bugdet-pre cht