HomeMy WebLinkAboutMINUTES - 05171988 - IO.1 TO BOARD OF SUPERVISORS I. 0. /
FROM: VVI tra
INTERNAL OPERATIONS COMMITTEE Costa
DATE; May 9, 1988 Cwrty
SUBJECT: Litter Control Programs
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Adopt as a part of the Board' s 1988 or 1989 Legislative
Program a request that the Legislature reinstate the litter
program authorized under SB 5 and increase the existing
tipping fee for solid waste planning to finance such a
program.
2 . Request the County Administrator. to meet with the District
Attorney and Sheriff to urge them to undertake a more
aggressive program for citing litter violators and of
prosecuting litter violators to the maximum extent of the
law.
3 . Request the County Administrator to write to police
departments; the California Highway Patrol, and the Sheriff,
urging that they require tow truck operators to completely
clean up accident sites so that glass and car parts are not
left abandoned at the site.
4 . Reaffirm the Board' s request of April 19, 1988 that the
County Administrator prepare a proposal which the Board of
Supervisors can make to the Municipal Court Judges
Association for a special program on litter enforcement, and
return a proposal along these lines to our Committee on July
11, 1988 at 11 a.m.
This proposal should also include a request that Judges
routinely sentence individuals found guilty of littering
violations to spend a specified number of hours picking up
litter along public roads in the County in addition to
imposing an appropriate fine.
5 . Request the County Administrator to determine which County
department licenses garbage haulers pursuant to Ordinance
Code. Section 418-2. 004 and determine .how many permits have
been issued, to whom they have .been issued, and report this
information to our Committee July 11, 1988, at 11 a.m.
CONTINUED ON ATTACHMENT: ^- YES SIGNATURE:
RECOMMENDATION OF COUNTYADMINISTRATORX RECOMMENDATION OF BOARD COMMITTEE
XAPPROVE R
SIGNATURE s : .Sonne W.�McPe�ak ��O_�-, Tom Torlakson
ACTION OF BOARD ON may 17 , 1968
A?PROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT FIND CORRECT COPY OF •AN ACTION TAKEN
AYES: NOES: AND ENTERED' ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN. OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED
Sheriff-Coroner '--/q8
Health Services Director PHIL BATCHE R, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Community Development Director
District Attorney
BY ,DEPUTY
M382/7-83 -
Page 2
6 . Request County. Counsel. to prepare an ordinance to require
all residents of the unincorporated area of the County to
hire only licensed haulers when disposing of garbage or
other refuse.
7. Request the Health Services Director to ask all franchised
haulers in the County to provide the County Health Services
Department the addresses of households which do not
subscribe to .garbage collection service. Request the Health.
Services Director to prepare a letter to these
households -both tenants and owners--advising them of the
requirement, for mandatory garbage subscription and the
exceptions which are available under the ordinance. This
letter should be reviewed by the Solid Waste Commission
before being- mailed to these households. Require. the Health
Services Department thereafter to follow up and insure that
every household in the unincorporated area of the County
subscribe to garbage collection service, or has obtained a
waiver from the Health Services Director.
8 . Request the Community Development Department to schedule a
press conference this summer with members of the Board of
Supervisors, the Solid Waste Commission, the Health Services
Director, the Community. Development Director, and the
Sheriff to emphasize the importance of addressing the litter
problem and identifying the steps being taken by the Board
of Supervisors,. The press conference might be combined with
a workshop for city and County officials on the importance
of educating the public to prevent littering and to
prosecute littering offenses as a serious and expensive
environmental problem. which requires the cooperation of all
involved jurisdictions and departments.
BACKGROUND: '
On April 19, 1988 , the Board of Supervisors approved a report
from our Committee requesting additional information on the
extent to which littering problems are being addressed by city
police departments, the highway patrol, the district attorney,
and the courts. Attached is a copy of that Order, along with the
responses which were filed with our Committee by the County
Administrator on May 9, 1988 .
We are dismayed to see so few citations being issued by city
police departments for littering violations and for the
relatively low number of convictions in the municipal court. We
also are concerned that the average fine being imposed appears to
be in. the neighborhood of $50 .00 per conviction. We believe that
this is far too lenient punishment for what is becoming a very
-serious and unsightly environmental problem.
Based on our I discussions with staff from the Community
Development Department, Health Services Department, and County
Counsel' s Office', we have formulated the above recommendations in
an effort to call attention to the problems created by littering,
and to attempt to stimulate all jurisdictions having authority in
this , area. to more rigorously enforce littering violations.
To. BOARD OF SUPERVISORS
FROM ; Contra
INTERNAL OPERATIONS COMMITTEE
Costa
DATE', April 11 , 1988
SUBJECT;
Program for Stronger Litter Control
SPECIFIC REQUEST(S) OR RECOMMENDATION(S ) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS: 5
1 . Pursue as a part of the Board' s 1988 or 1989 . Legislative
Program legislation which will permit the Court to notify
the Department of Motor Vehicles of a failure to appear or
failure to pay fine on littering violations so DMV will
withhold renewal of a driver ' s license until the citation or
fine is resolved.
2 . Request County Counsel to advise our Committee May 9 at 8: 30
A.M. on what the licensing requirements- are for people who
are in the business of hauling garbage, including what the
penalties are for violating State law or County ordinances
in this regard.
3 . Request the Sheriff to report to our Committee May 9 at 8: 30
A.M. on what enforcement has taken place against those who
are in the business of hauling garbage, but are 'not licensed
for this activity in the unincorporated area of the County.
4 . Request the County Administrator to consider fixing
responsibility for litter control and enforcement activities
in a single department and report his recommendations to our
Committee May 9 at 8:30 A.M.
5 . Request the County Administrator to prepare a proposal which
the Board of Supervisors can make to the Municipal Court
Judges Association for a special program on litter
enforcement and return a proposal along these lines to. our
Committee on May 9 at 8:30 A.M.
6 . Request the Sheriff to-. report to our Committee May 9 at 8:30
A.M. how many of the reports of littering he receives result
in a referral to the District Attorney for prosecution.
7 . Request the County Administrator to obtain from the
Municipal Court Administrator data on the number of
convictions for littering which have occurred- in the County
CONTINUED ON ATTACHMENT; _ YES SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR r� RECOMMENDATION OF BOARD COMMITTEE
XAPPROVE OTHER 17��
SIGNATURE(S1: Sunne W. McPeak Tom Torlakson '
ACTION OF BOARD ON April 19. 1988 _ APPROVED AS RECTAMFNDEO X OTHER _
VOTE OF' SUPERVISORS
I HEREBY CERTIFY THAT TH.1S IS A TRUE
X UNANIMOUS (ABSENT rIV ) 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.
CC: County Administrator ATTESTED
Sheriff-Coroner PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Health Services Director
Municipal Court Administrator
M382/7-83 Board
Services Director BY
Board Members —'DEP"TM
Page 2
7 . ( continued)
recently and what level of fines have been imposed on those
who are convicted, and report this data to our Committee on
May 9 at 8: 30 A.M.
8 . Request the County Administrator to write to the Police
Chief of each city and town in the County asking for data on
the number of reports of littering they receive , how many
citations are issued, how many reports are investigated, how
many cases are referred to the District Attorney for
investigation, and what recommendations the Chief would have
for how littering laws could be strengthened and report the
responses to our Committee May 9 at 8: 30 A.M.
9 . Request the Health Services Director, based on the report he
made recently to the Board of Supervisors , to report to our
Committee May 9 at 8: 30 A.M. on what enforcement is made of
the County' s ordinance which requires that every household
in the unincorporated area of the County subscribe to
garbage collection service, with specified exceptions . In
particular, we wish to know whether the Health Services
Department is aware of which households do not subscribe to
garbage collection service and what action is taken against
those households .
10 . Ask the General Services Director to have the foremen of the
Work Test Crews present at our Committee meeting on May 9 at
8:30 A.M. to share with us their view of the nature and
severity of the littering problem in the County. We are
particularly interested in their view as to whether the bulk
of the problem is such waste as paper, bottles and cans , or
whether the bulk of the problem consists of abandoned
vehicles, furniture and appliances .
11 . Ask the County Counsel to review the issue of who is
responsible for the proper disposal of garbage when the
person who generated the garbage claims to have hired
someone to dispose of the garbage. . We are interested in how
we can hold the original generator responsible for the
proper disposal of garbage, particularly where the generator
has hired someone to dispose of the garbage, but does not do
so in a responsible manner. We would like at least a
preliminary report on May 9 at 8:30 A.M. on what can be done
either with existing law or with proposed changes in State
law to hold the original generator of garbage responsible
for its ultimate proper disposal.
12 . Request the County Administrator to invite each Supervisor' s
staff to attend our next meeting on this subject .May 9 at
8:30 A.M. since we believe this is an issue on which all
Board members receive many complaint calls.
BACKGROUND:
On March 15 , 1988 , the Board of Supervisors referred to our
Committee, on the recommendation of Supervisor Torlakson, several
suggestions for action in an effort to address the critical
problem of littering, particularly on rural County roads , we met
with Assistant Sheriff Warren Rupf , Deputy County Counsel Lillian
Fujii, and Assistant Community Development Director David Okita,
on April' 11, 1988 . We reviewed reports from the Sheriff dated
April 6 , from Ms . Fujii dated April 6, .and from Municipal Court
Administrator Roy Chiesa dated March 30, 1988 . From these
_ Page 3
reports we have determined that we need additional information on
the nature and extent of the littering problem, exactly what
enforcement tools we have available currently and what efforts
are being made to use them, where there may be gaps in our laws
and ordinances which need attention, and where more stringent
enforcement of existing laws might be a more effective deterrent
to littering.
As a result, we have made the above recommendations requesting
additional data and input from staff on this issue . We have
agreed to meet again May 9 at 8 : 30 A.M-. to review this issue
further and attempt to formulate a package of implementation
steps we can recommend to the Board of Supervisors . .
/QrTAcyMEN�- aZ
Contra Cos,�a County
COUNTY COUNSEL'S OFFICE RECEIVED
CONTRA COSTA COUNTY
Dare: May 5 , 1988 MARTINEZ, CALIFORNIA MAY 51988
Office of
To: Phil Batchelor, County Administrator
Cour ty Administrator
Attn: C. L. Van Marter, Assistant Administrator
From: Victor J. Westman, County Counsel 11A IV
By: Lillian T. Fujii,, Deputy County Counsel
Re: Litter
SUMMARY: County ordinance requires all haulers who transport
garbage (refuse ) on public streets in the unincorporated area of
the County to be licensed by the Board.
Concerning the Board' s concern about people hiring unlicensed
haulers to dispose of garbage generated in the unincorporated area
of the County, this office suggests enforcement of the County' s
mandatory subscription ordinance.
DISCUSSION: On 4-19-88, the Board of Supervisors requested
this office to report to the Internal Operations Committee on two
questions concerning the problem of litter in Contra Costa County.
QUESTION NO. l : What licensing requirements are there for
people in the business of hauling garbage, and what are the
penalties?
ANSWER AND DISCUSSION NO. 1 :
Refuse haulers are governed by the provisions of County
Ordinance Code chapter 418-2 . Ordinance Code section 418-2. 004
requires every person, municipality or governmental agency
collecting or transporting refuse on the public streets or ,
highways of the unincorporated area of the County to have a permit
from the Board of Supervisors . Ordinance Code section 418-2. 006
requires all haulers except governmental entities to file a bond
in the amount of $2, 000 with the Board of Supervisors. Section
418-2. 008 requires every vehicle used in the business of hauling
refuse to have painted on the outside of each sidewall of the
hauling body, the name of .the collector, the permit number issued
by the Board, and the vehicle number if more than one vehicle is
operated by the collector. All vehicles used to haul refuse must
be securely covered and kept clean so that no odor nuisance is
committed.
A violation of any of the requirements of chapter 418-2 is an
infraction, punishable by 'a fine of up to $100 for a first
violation, $200 for a second violation within the same year, and
$500 for a third violation within the same year . (Ord, Code ,
§§ 14-8. 002, 14-8. 004. )
i
C. L. Van Marter -2- May 5, 1988
QUESTION NO. 2: Can the original generator of garbage be
held responsible for the improper disposal of garbage,
particularly where the generator has hired someone to dispose of
the garbage, but does not do so in a responsible manner? If not,
what can be done to hold the original generator responsible for
the ultimate proper disposal of garbage?
ANSWER AND DISCUSSION NO. 2:
The County' s mandatory garbage subscription ordinance
provides a means by which most persons are required to contract
with a licensed hauler to remove garbage from their premises.
Ordinance Code section 418-6. 008 requires every owner , proprietor ,
manager or other person having charge or control of any hotel,
club, bar, restaurant or other eating place, or any boarding
house, lodging house, dwelling house, or any vegetable or food
processing and handling establishment, to subscribe with a
"collector" for the collection and disposal of solid waste on a
weekly basis . The term . "collector" is defined as any person,
municipality or governmental agency with a valid permit issued
pursuant to chapter 418-2, discussed above. Thus , most persons in
the unincorporated area of the County are already required to
subscribe for garbage collection service with a licensed
collector. Strict enforcement of the County' s mandatory
subscription ordinance should alleviate a portion of the litter
problem because most people will have little incentive to contract
with an unlicensed hauler because they will already be paying a
licensed hauler for refuse collection service. This office
suggests enforcement of the mandatory subscription ordinance to
alleviate the problem of litter originating in the unincorporated
area of the County.
In addition to the chapter on mandatory subscription, under
the provisions on Ordinance Code chapter 416-14 , all premises must
be kept free of refuse, offensive odors and accumulations of
filth (§ 416-14. 004) ; refuse may not be placed on any land except
as allowed by County Ordinance (§ 416-14. 006) ; and industrial,
horticulture or construction waste, or other accumulations of
large size may be kept, collected and disposed of by any means
subject to the approval 'of the health officer (§ 416-14. 002 ) .
Other than the above-discussed provisions, there is nothing
in the Ordinance Code which would expressly obligate a person to
guarantee that the hauler he is hiring is properly licensed. If
the Board is interested in requiring all persons in the
unincorporated area of the County to be responsible for the legal
status of a hauler, we would recommend an amendment to chapter
418-2 (refuse collection) to prohibit all persons from engaging
a hauler unless the hauler is licensed by the Board. State
C. L. Van Marter -3- May 5, 1988
legislation is not necessary for the Board to adopt such an
ordinance. (Cal. Const. , art. XI, § 7. ) However, if the Board is
interested in imposing a similar requirement beyond the borders of
the unincorporated area of the County, State legislation would be
required. The area of garbage collection is traditionally left to
the regulation of the local government entity with jurisdiction
over the area. Before seeking legislation in this regard, the
Board may wish to poll the cities in this County on their views
concerning this matter. Perhaps the cities will be willing to
enact similar ordinances as the County' s , or step up enforcement
of ordinances the cities have adopted.
LTF:tb
i9TTRGNMENT J
' - Contra Costa County
Sheriff=Coroner RECEIVED Richard K. Rainey
SHERIFF-CORONER
Contra Costa County MAY 51988
Warren E.Rupt
P.O. Box 391 Assistant Sheriff
Martinez, California 94553-0039 Office of Gerald T.Mitosinka
(415) 646- County Administriator Assistant Sheriff
Rodger Davis
To: Claude C. Van Marter Date: May 3 , 1988 Assistant Sheriff
Assistant Sheriff
From: Warren E. R Subject: Stronger Litter
Assis ant eri f Legislation
RE: Internal Operations Committee, Board Order-April 11, 1988
The following information relates- to ,enforcement of litter and
related laws by the 'Sheriff" s Department: .
3 . What ,enforcement- has taken place against those
who are/in the busiess of hauling garbage, but
are not licensed for this activity�, in the
unincorporated' areaofthe "County? '-
- This Department has .no ,repo"rts of anyone
hauling garbage as a business, but not so
licensed in the . un:lrico'rporated area- of the
county
6. How' many reports, of 1te 'ing result in a;r'eferral
oto the bistric't' Attorney�f-or prosecution'?`
; This Department does not routinely refer
r littering, reports to the District Attorney.
Litter is an �- fractoriand as such, is
handled' by �direct-:c'itation jto the Court)
not by referral to the District 'Attorney.
Programs addressing litter by this Department are:
Rural Crime Patrol
This unit, staffed by reserve volunteers, patrols the
rural areas of the county .for,° rural crimes. Litter in
unpopulated areas adjacent to suburbs is a serious crime. In
the past calender year this-' unit logged in excess of 1, 000
hours.
AN EQUAL OPPORTUNITY EMPLOYER
Page 2
May 4, 1988
Off-Road Vehicle Enforcement Unit
Although primarily charged with off-road vehicle
enforcement, the motorcycles in this unit routinely come
across litter in all areas of the County. Specifically,
this unit ( staffed by regular deputies) trouble-shoot the
Carquinez Scenic - Waterfront Road areas of Central County
to address the serious litter problem.
Landfill Enforcement Unit
Another volunteer organization initiated last fall to
enforce the County Ordinance on Uncovered Loads at landfill
sites; the investigation of litter dumps soon became an added
responsibility. This unit was shut down in November but will
be restarting again in June. A total of 56 warnings and 22
citations were written for uncovered loads at the three
landfill sites in the County during the four month period.
The program was preceeded by a plan developed by the
County Administrator' s Office, Community Development, Health
Services, and this Department. Fliers were printed and
distributed to the public outlining the problem and we
attempted to increase public awareness through the news
media. The Sheriff ' s Department recommended, and the
Municipal Courts accepted a bail schedule for the County
Ordinance ( 418-2. 008(b) similar to the C.V.C. Section 23114
(Spilling Loads on Highways) .
General County Patrol
Attached are Field Operations statistics for the past
calendar year regarding P.C. 374. 3 - litter and indicate:
262 reports received
101 reports written
2 citations issued
Deputies are instructed to use P.C. 374. 3 for litter
reports as the elements of this penal code section
specifically address the litter problem
Page 3
May 4 , 1988
Joint Program with Martinez Police Department
Command staff from Martinez Police Department and the
Sheriff ' sDepartment met to discuss the litter problem on
Carquinez Scenic Road. Staff from both agencies are plannig
a joint press release describing a stepped-up enforcement
program for that location.
WER: ld
Contra Health Services Department
Costa ENVIRONMENTAL HEALTH DIVISION
County
sT-Ru - PUBLIC NOTICE -
The Board of Supervisors has initiated a campaign to reduce
litter along our streets" and highways .- especially along
routes leading to our landfills . This notice is being distri-
buted by disposal site operators in cooperation with the' County
Health Services Department to inform people who haul garbage,
refuse, rubbish, yard trimmings, etc. that there are local and
state laws that require all loads to be covered and contained
so that no wastes leak, blow off, fall off, or otherwise escape
during transportation.
Soon city police, deputy sheriffs, and the California Highway
Patrol will be issuing citations to people hauling inadequately
covered and contained wastes. This notice will be distributed
for a few weeks in order to provide time for people to obtain
tarps or other covers or provide other means that will contain
wastes during hauling.
If you are an infrequent user of a landfill, we suggest that
you place this reminder in a conspicuous place in your home
or place of business . Remember, ignorance of the law is no
excuse. Please, don' t litter.
Thank you for your cooperation.
WBT: ll
February 1987
Please Reply or Call:
East/Central Office ❑ Occupational Health U West Office
1111 Ward Street 1111 Ward Street 39th St &Bissell Ave.
Martinez,California 94553 Martinez,California 94553 Richmond,California 94805
(415)372.2521 (415)372.2286 (415)231-3141
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
%. ENVIRONMENTAL HEALTH DIVISION
nI —
r0,
Sr'' COUN ,
To : Office of the County Administrator Ddte : May 5, 1988
Attn: C. L. Van Marter, Assistant
Administrator
From: Mark Finucane subject : Enforcement of the Mandatory
Health Services D ecto' Garbage Subscription Ordinance
by Dan Bergman A,PA_, ,-��
Assistant Health S ices Director
Environmental Health
This is in response to -your memo of 4/21/88:
1 . The current status of subscription is as follows :
Company % Subscribing Area Served
Valley Disposal 95% Danville, Lafayette, San Ramon
& Walnut Creek
Orinda Disposal 95% Orinda & Moraga
Martinez Disposal Not available Martinez
East Bay/ Bay View 97% Kensington & El Cerrito
Richmond Sanitary
600 of area 90% Hercules, Pinole, Richmond &
San Pablo
40% of area 80% West Contra Costa Sanitary District
Pleasant Hill Bayshore 65% West Pittsburg
81% Mt. View Sanitary District
950 Clayton
89% Pacheco, Antioch, Pleasant Hill
& Rodeo
Crockett Disposal 85% Crockett, Pt. Costa & Tormey
Concord Disposal 93% Concord
85% Pittsburg
75% Bethel Island
85% Discovery Bay
87% Brentwood
90% Oakley
2 . The refuse collectors do not currently provide us with lists of non-
subscribers . The collectors have indicated they can provide that
information on request .
3 . Current enforcement of mandatory subscription is directed toward those
who are the cause of complaints being subrAitted to Environmental Health .
Please note that the percentages provided in the preceding item
#1 are estimates given to us by the collectors .
GA-9 8/81 5M
a
W
Office of the County Administrator
C . L. Van Marter, Assistant Administrator
May 5, 1988
Page 2
Section 418-6. 024 of the subscription ordinance provides that
the Health Officer shall notify each non-subscriber to subscribe
within 15 days after service of the notice . Section 418-6.016
further provides that the county will abate the nuisance by
subscribing with a collector if this person initially notified
does not do so. The costs incurred by the county will be
levied as a special assessment lien against the property owner.
We are proceeding to obtain the addresses of non-subscribers
from the collectors . We will then proceed by following the
procedures described in the ordinance for assuring mandatory
subscription. Please note that this entire process will extend
over a period of several months . We expect the process will
result in a great number of requests for exemptions as provided
for in section 418-6.012 of the ordinance code . An increased
number of Health Officer Hearings may also be requested as
provided for in section 418-6 .022 .
It is our intent to provide you with a progress report
approximately 6 months after the first notices of non-compliance
are distributed. You should also note that the ordinance has
not been adopted by the county municipalities . This means that
we will need to screen all affected addresses to be sure they
are in the unincorporated area. At this time we do not know
the percentage of non-subscribers who are actually within the
unincorporated areas .
JB: jc
cc: William Walker, M.D.
/9TTAG�/iy�ivT
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
To: Board of Supervisors Date: February 29, 1988
Via: Phil Batchelor
County Administrator
From: Mark Finucane A*4 ubject: Compliance With Mandatory
Health Services Direct r `( Solid Waste Subscription
By: Dan Beroman ^- / Ordinance. Chapter 418-6 of
Assistant Health S ices Director the Contra Costa County Code.
The Internal Operations Committee requested the Health Services Director to
report on the extent to which the Environmental Health Division * is enforcing the
mandatory Solid Waste Subscription Ordinance. The current status of our program
efforts are presented for your review:
1. During fiscal year 1986-87, the Environmental Health Division conducted
3,184 solid waste investigations. Total staff time was 2,302.5 hours.
During the first 6 months of fiscal year 1987-88 staff have conducted 1,676
investigations. Total staff time is 1,187 hours for the six months period.
2. We have not specifically requested the local collection firms to provide us
with the names and addresses of persons who have not subcribed to collection
service. The owner of each parcel that is involved with an improper accumula-
tion of refuse is officially notified by us that they must subscribe as a part
of our clean-up order.
3. It should be noted that a significant percentage of the solid waste problems
we deal with can not be prevented by literal enforcement of the Mandatory Solid
Waste Subscription Ordinance. Many of our serious problems involve vacant lots,
vacant houses, and various types of commercial properties. In many instances
the kinds and auantities of wastes cannot be disposed of in a garbage can.
Vehicle parts, construction debris, used furniture and appliances are examples.
4. The Environmental Health Division was recentiv authorized a second sanita-
tion aid position. We will assign this new employee to our Martinez office.
This will improve the Division' s ability to .abate solid waste problems in the
East-Central areas of the County. The primary responsibility of the new
employee in our Ward Street office will be Solid Waste Enforcement.
A-41 3/81
ATTA cyM£NT .S
SUMMARY OF RESPONSES FROM POLICE DEPARTMENTS
AND CALIFORNIA HIGHWAY PATROL RE: LITTERING
Responses received from the following:
California Highway Patrol
City of Concord
City of Pleasant Hill
City of Brentwood
City of Hercules
City of Pittsburg
City of San Pablo
One unidentified city
1 . How many reports of littering has your department received
from citizens over the past year?
49
2 . How many direct citations have your officers made for
littering violations where the officer has directly observed
the offense?
277 (of which 262 were by the CHP)
3 . How many of the reports you receive from citizens are
actually investigated?
All departments indicate that they
investigate all citizen complaints
of littering.
4 . Of the cases that are actually investigated, how many are
turned over to the District Attorney for prosecution?
9
5 . Do you have any comments or suggestions for the Board of
Supervisors on how littering laws could be strengthened?
"I have no suggestions on the strengthening
of litter laws. The option of increasing fines
to discourage littering is not a viable deterrent
since so few people are identified or prosecuted
after investigations . "
City of Concord
Page 2
5 . (continued)
"My recommendation to the Board of
Supervisors is to urge the District
Attorney' s Office to prosecute clear
violations of the law. I feel that
littering is a problem; however, it is
addressed at our level with immediate
action. "
City of Hercules
"Question #5 - "Casual" littering can probably
best be controlled through educational efforts.
The "hardcore" litterer (one who dumps in fields,
etc. ) would best be controlled through active and
strict enforcement of current laws by enforcement
officials, with appropriate public exposure in the
media. "
City of Pleasant Hill
6 . Do you believe littering is a substantial problem in your
jurisdiction? .
"I don' t feel littering is a substantial "law
enforcement" problem in Concord. These cases
represent less than one tenth of one percent of
our cases and are not normally given much of a
priority due to more pressing needs. "
City of Concord
"Question #6 - Generally, littering is not a
substantial problem in Pleasant Hill. The
situation can always be improved, but most
littering occurs through the person who
inadvertently drops something and doesn' t pick
it up or unthinkingly drops some piece of litter. "
City of Pleasant Hill
Contra Costa COLIn+„
RECiv iVP-r-�
City of Concord PAY 5 1988
Office of
l •�� /'r{af.••.i4-+•uhf-�.•.,_..
OFFICE OF CHIEF OF POLICE CITY COUNCIL
Colleen Coll,Mayor
June V.Bulman,Vice Mayor
May 4 , 1988 Diane Longshore
Ronald K. Mullin
Stephen L.Weir
Michael T.Uberuaga,City Manager
Office of County Administrator
651 Pine Street , 11th Floor
Martinez , CA 94553
Attn: Mr. Claude Van Marter
Dear Mr. Van Marter:
The following information is supplied in reference to your
request of April 27 , 1988.
During calendar year 1987 , the Concord Police Department received
32 complaints of littering under 374 B Penal Code. Of those , ten
were actually investigated with two being referred to the Dist-
rict Attorney' s Office for prosecution.
Direct observation by officers resulted in six citations being
issued for Section 23111 of the Vehicle Code.
I have no suggestions on the strengthening of litter laws. The
option of increasing fines to discourage littering is not a
viable deterrent since so few people are identified or prosecuted
after investigations .
Finally, I don' t feel littering is a substantial "law enforce-
ment" problem in Concord. These cases represent less than one
tenth of one percent of our cases and are not normally given much
of a priority due to more pressing needs.
If I can be of further assistance to you, please call on me .
Yours very truly,
GEORGE J . STRAKA
CHIEF OF POLICE
t
by: f12,rex//t� V//&,Z 4 e 5 5 0-
Captain W ne Novinge
GJS:WN:ms
POLICE DEPARTMENT WILLOW PASS AND PARKSIDE CONCORD CALIFORNIA 94519
CITU OF
UD
POLICE DEPARTMENT
May 3, 1988
Contra Costa COL!h`'
MAY 5 1988
Office of
Mr. Claude L. Van Marter '
Assistant County Administrator
County Administration Building
651 Pine Street, 11th floor
Martinez, CA 94553
Dear Mr. Van Marter:
Per your memo of April 22, 1988 regarding litter control programs,
the following relate to our Department:
1. How many .reports of littering has your department received
from citizens over the past year? Four
2. How many direct citations have your officers made for
littering violations where the officer has directly
observed the offense? Three
3. How many of -the reports you receive from citizens are
actually investigated? Four
4. Of the cases that are actually investigated, how many
are turned over to the District Attorney for prosecution? Two
5. Do you have any comments or suggestions for the Board of
Supervisors on how .littering laws could be stregthened? No comment
6. Do you believe littering is a substantial problem in your
jurisdiction? Not at this time
Very tr yo rs,
Jam A. Frank
Chief f Police
JAF j j mm
City Hall 708 Third St.,Brentwood,CA 94513 (415)634-3505
Police Department • 500 Chestnut St.,Brentwood,CA 94513 (415)634.6191
�� Gt
CITY OF HERCULES
V .90o y 111 CIVIC DRIVE, HERCULES, CA 94547
PHONE; 415. 799. 8200
May 3, 1988
Contra Costa Cow''"
Claude L. Van Marter0F�E°r' 3
Assistant County Administrator MAY 4 1988
County Administration Building Office of
651 Pine Street, 11th Floor
Martinez, California 94553
Re: Litter Control
Dear Mr. Van Marter:
In response to your letter dated April 22nd concerning
litter control programs, I am providing you with the following
information from the Hercules Police Department:
Hercules Police Department had a total of six reported cases
of littering in 1987 and one case so far in 1988.
One citation was issued by an officer (for dumping a coke
can) and the District Attorney NCF'd (No Complaint Filed) the
case in the interest of justice.
All reports from citizens are investigated to the fullest
extent possible and of the seven cases , three suspects were
contacted by our department and the litter was cleaned up by the
suspects. Three cases had no suspects and one case with a
suspect and citation was not prosecuted by the District Attorney.
My recommendation to the Board of Supervisors is to urge the
District Attorney' s Office to prosecute clear violations of the
law . I feel that littering is a problem; however , it is
addressed at our level with immediate action.
Very truly yours,
Sgt. T. Muehleisen
Hercules Police Department
TLM:kc
� REATiWr Nlll
r City of Pleasant Hill r ' �
James R. Nunes • POLICE DEPARTMENT •
Chief of Police
Contra Costa Count`►
April 26 , 1988.- C,�1\jF-C'
APR 2 8 1999
pjiice 01
Mr. Claude L. Van Marter
Assistant County Administrator
651 Pine Street
Martinez , California 94553
Re• Litter Control Progrcun-s
Dear Mr. Van Marter ,
Regarding' your letter dated April 22 , 1988 , the following
information is submitted in answer to the questions posed by
the Board of Supervisors ' Internal Operations Committee. All
information is for the 1987 calendar year.
Question #1 - We had two ( 2) citizen reported cases of
littering.
Question #2 - We have had four ( 4) direct citations
issued by our officers for littering violations.
Question #3 - All - reports of littering are investigated .
. .Question #4 - One (1) of the two ( 2) reported cases was
submitted to the District Attorney's Office for
prosecution.
Question #5 - "Casual" littering can probably best be
controlled through educational efforts. The "hard—
core" litterer (one who dumps in fields , etc . )
would best be controlled through active and strict
enforcement of current laws by enforcement
officials , with appropriate public exposure in the
media.
Question #6 - Generally, littering is not a substantial
problem in Pleasant Hill. The situation can always
be improved, but most littering occurs through the
person who inadvertently drops something and
doesn't pick it up or unthinkingly, drops some
piece of litter.
330 Civic Drive 0 Pleasant Hill, California 94523 0 (415) 671.4600
I hope that this information will be of benefit to the
committee 's research. If you need anything additional ,
please feel free to contact us.
Sincerely,
James R. Nunes
Chief of Police
Dennis R. Horgan
Sergeant
Board of Supervisors
CoJnty Administrator Contra
� Tom Powers
11
County Administration Building County
District
651 Pine Street, 11th Floor OSLa,ntra Costa cour+t%f Nancy C. Fanden
Martinez,California 94553 COI inti/ RECEIVED 2nd District
(415)646-4080 l.7 l�/
Robert I. Schroder
Phil Batchelor APR 2 t 1988 3rd District
County Administrator of- .;\F Sunne Wright McPeak
Office of 4th District
ty Tom Torlakson
5th District
April 22 , 1988
TO: ALL POLICE CHIEFS IN CONTRA COSTA COUNTY
SUBJECT: LITTER CONTROL PROGRAMS
Attached is a copy of a report from the Board of Supervisors '
Internal Operations Committee which the Board approved on April
19, 1988 . I would particularly call to your attention
Recommendation #8 which requests that this office obtain some
information from you. Specifically, we would like to know the
following:
1 . How many reports of littering has your department
received from citizens over the past year?
2 . How many direct citations have your officers made for
littering violations where the officer has directly
observed the offense?
3 . How many of the reports you receive from citizens are
actually investigated?
4 . Of the cases that are actually investigated, how many
are turned over to the District Attorney fo
prosecution?
5 . Do you have any comments or suggestions for the Board
of Supervisors on how littering laws could be kip
strengthened?
6 . Do you believe littering is a substantial problem in
�v
your jurisdiction?
We must report back to the Board' s Internal Operations Committee
on May 9 so I would appreciate receiving a reply to this letter
by May 4 so we can prepare our report to the Committee. ThanW
you in advance for your cooperation. Q�
Very truly yours,
Ll
�Q
CLAUDE L. VAN MARTER
Assistant County Administrator
CLVM:clq
cc: Supervisors Sunne McPeak and Tom Torlakson
Ja�G�PAL �oG ADMINISTRATIVE OFFICES
9�
OF
_a
THE MUNICIPAL COURTS
c cFJ BAY — DELTA — MT. DIABLO — WALNUT CREEK-DANVILLE
cou
I2020 North Broadway, Room 204,Walnut Creek, California 94596
To: Claude L. Van Marter Date: May 5 , 1988
Assistant County Administrator
From: Kiri Connor V ssistant County Subject: Convictions For
Municipal Court Administrator Litter Offenses
Pursuant to your request in a memorandum dated April 21, 1988, to Roy
Chiesa, County Municipal Court Administrator, I have obtained the
requested data countywide, as follows :
Total Litter revenues for calendar year 1987 for the county and
cities;
Number of filings and convictions for litter violations for
calendar year 1987; and
Average fine amount imposed for calendar year 1987 .
TOTAL REVENUES FOR 1987
The total amount of Litter revenues collected from January through
December, 1987 are as follows : County' s share was $2 ,336 . 58; share to
cities was $2 ,930 . 42; total revenues $5 , 267 . 00 .
NUMBER OF FILINGS/CONVICTIONS
The total number of filings for Litter violations countywide for
calendar year 1987 are listed below:
TOTAL# TOTAL
CASES: BAIL $ :
303 $16, 150
Total estimated number of convictions for Litter violations
countywide for calendar year 1987 are listed below:
TOTAL# TOTAL FINES
CONVICTIONS: COLLECTED:
105 $5 , 267
(Plus penalty assessments)
AVERAGE FINE AMOUNT
Litter offenses are designated as infractions and the statutes
specify minimum and maximum fines of up to $1, 000 . The total fine
sanction, with the new penalty assessment structure, is much greater than
the basic fine. Effective March 14 , 1988, the penalty assessments were
increased. Upon conviction, a defendant must now pay a penalty assessment
of $11 for every $10 of a fine.
The Countywide Bail Schedule, which is adopted by the Judges of the
Municipal Courts in the County, sets forth a minimum fine of $50 plus a
mandatory court appearance.
The average fine amount collected on litter convictions in calendar
year 1987 was $50 plus penalty assessment.
If you have any questions or require additional information, please
feel free to contact me at 646-6007 .
K-88-08
GENERAL SERVICES DEPARTMENT
1220 Morello Avenue, Suite 101
Martinez, California 94553-4711
Extension 4920
DATE: May 9 , 1988
TO: Internal Operations CotA
e
FROM: Barton J. Gilbert, timrNecor 'of General Services
SUBJECT: County Roadside Litter Removal
The following is provided for your information.
Current activities: two Workfare crews full time--approximately
64 labor hours per week average (both
crews) --Monday through Thursday
Vehicles used: trash compactor vehicle; crew cab stake-bed truck
Refuse collected: approximately 400 loads per crew per year;
currently 800 loads per year, or approximately
3200 cubic yards per year
Of the above amount: approximately 80 percent is illegal dumping
along roadsides, and 20 percent is litter,
meaning bottles, cans, papers, etc. , thrown
from passing vehicles
Roadside dumping occurs throughout the County; the worst areas
are:
1) Waterfront Road - between Martinez and Navy Base
2) North Richmond area - along West County dump corridor
3 ) West Pittsburg area - in and around Shore Acres
4) Southeast County - Dougherty, Empire Mine, Deer Valley
Roads
5) Brentwood area - Concord Avenue, Balfour Road, Bixler
Road
6) Scenic Drive - Martinez to closure
7) Nortonville Road - Kirker Pass to closure
8) Southern Pacific Right-of-Way - Concord to Alameda
County line
The above areas are isolated and easily accessible to
vehicles. Most material is deposited at road turnouts or
wide spots where vehicles can get off the road.
Internal Operations Committee -2- May 9, 1988
Types of materials deposited, obviously dumped from trucks or
trunks of cars:
household garbage, garage cleaning refuse
branches, prunings, clippings--particularly bad during
late winter through spring
home remodeling refuse, i.e. , broken sheetrock, lumber,
old flooring, carpets
appliances, furniture
- tires, auto parts, engines, body parts, etc.
Occasionally:
- drums/containers of chemicals (referred to
Environmental Health)
- Christmas trees--January, February
- obvious small contractor refuse--old roofing shingles,
etc.
- abandoned vehicles (referred to Building Inspection)
BJG:JH:dcg
cc: Phil Batchelor
Attn: , C. L. Van Marter
J. G. Bechtold
J. A. Humphrey