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HomeMy WebLinkAboutMINUTES - 04021991 - H.2 H. 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 2, 1991 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Proposed Ordinance on Solid Waste Collection, Disposal and Recycling Agreements This is the time set for hearing on the proposed ordinance on Solid Waste Collection, Disposal and Recycling in Unincorporated areas. Sara Hoffman reviewed the staff ' s recommendations and the background and reasons for the recommendations. The Chair declared the hearing open and the following appeared to discuss the proposed ordinance: Avon Wilson, 14 Richelle Court, Lafayette, Chairman of the Contra Costa Integrated Waste Management Task Force, expressed concern with the process and the method of notification. She suggested consideration of the proposed ordinance should be done in a less hurried manner. She suggested exploring the option of a joint powers agreement or memorandum of understanding. Jean Siri, 1015 Leneve Place, El Cerrito, advised that she had served for several years on the Boards of Steige Sanitary District and El Cerrito. She suggested that there is no dissatisfaction with the status quo and the public is comfortable. with it. She urged the Board not to adopt the proposed ordinance. Bob Bacon, 10890 San Pablo Avenue, E1 Cerrito, representing the City of E1 Cerrito, opposed the provisions of the proposed ordinance and urged the Board to delay action thereon. David R. Contreras, Manager of the Mt. View Sanitary District, suggested the Board not proceed with the proposed ordinance until it receives input from all the affected agencies. Mary Powell, 136 Prospect Avenue, P. O. Box 4, Port Costa, advised that Port Costa had asked the Board to enter into negotiations on behalf of Port Costa inasmuch as it has a sanitation board that is appointed rather than elected and therefore does not have the power to negotiate a contract for the community. She noted that that request should not be construed as being in support of the proposed County ordinance that would take away local power of sanitation districts. She commented that she did not believe the Board is the entity to set standards for each unincorporated community, given time the community will solve the problem in a way that is best for the community. Rod Buttler, 23 Baldwin Avenue, Crockett, Crockett Valona Sanitary District, commented that he believed that on a local level the people can do the job better and for less money than the Board or a group of people at county level. Harry Thayer, 425 Coventry Road, Kensington, recommended leaving the franchises with the districts but requiring full compliance with AB 939 by the franchisees, as well as credible written plans by which they intend to achieve reduction. He discussed limiting free pickups by franchisees, incineration, and prohibiting junk mail. He suggested fines for non-conformance should be assessed only against the offending districts, not against the unincorporated area as a whole. John Tulley, 3486 Springhill Court, Lafayette, commented that the citizens don' t need another layer of people in administration, that the Board should handle other problems and leave solid waste to the sanitary districts. He urged the Board to leave the franchise agreement with Central Sanitary District. William Braga, 2910 Hilltop Drive, Richmond, Manager of West Contra Costa Sanitary District, advised that earlier this day his Board of Directors had taken a position to oppose the proposed ordinance as it is written, although they do want to work with the County. He noted that his Board had also earlier this day approved a resolution with regard to a West County Joint Powers Agreement. He commented that the West County cities and sanitary districts can work together to accomplish the requirement imposed upon all of them. He urged the Board not to adopt the proposed ordinance. George Finly, Alamo, representing the Alamo Improvement Association advised that Central Sanitary had been handling trash pickups in his area for years and they have been very satisfied. He opposed the proposed ordinance. John Clausen, President of the Board of Directors, Central Contra Costa Sanitary District, urged the Board to postpone adoption of the proposed ordinance, and that it work in a cooperative manner with franchising districts who share the County' s concerns and dedication to meeting legislated waste diversion goals. Kent Alm, 1111 Civic, Suite 300, Walnut Creek, representing the Sanitation and Water Agencies of Contra Costa County, which, he advised, is an informal organization that meets monthly to address common needs, urged the Board not to adopt the proposed ordinance, but instead to work towards well drafted and thoughtfully considered Memoranda of Understanding entered into between the County and the existing franchise entities. He suggested that the Public Resources Code plainly envisions the use of such MOU' s to meet AB 939 objectives. Sandy Skaggs, P. O. Box V, Walnut Creek, advised that he was here to present the concerns of collectors of solid waste. He advised that the collectors endorse the alternative which has been advanced by the Sanitation and Water Agencies of Contra Costa County. He noted that the collectors questioned whether economics of scale could be achieved by the ordinance. He expressed concern about the ambiguity made between staff report and oral representation about intent to continue existing franchise relationships as opposed to language in the ordinance which seems inconsistent. He commented that although the staff recommends adoption of intent to continue existing franchise terms, collectors feel it would be better included in the ordinance. Mr. Skaggs then advised that he would now like to appear for Valley Waste Management and address a couple of their concerns. He declared that the proposed ordinance would create an inefficient area for Valley Waste Management, noting that it is not an easy geographic area to administer. He urged the Board to reconsider the proposed ordinance. Steve Roberti, 525 Green Street, Martinez, of the the Central Labor Council, advised that he was appearing on behalf of the International Brotherhood of Teamsters, Local 315, who have concerns over what will happen under this new proposal to the collective bargaining agreements that they have with the various franchisees. He noted that the Council had not been contacted and there are a number of long-term contracts with the various franchisees that have provided a very stable labor-management relationship over a long period of time. He noted that he would like to have assurance that the people he represents would continue to have their jobs and their health and pension benefits. He noted that he could not speak in favor of the proposal unless he has assurances. John Nolan, 4 Embarcadero Center, San Francisco, representing Bay View Refuse which services the Kensington area, noted that there has not been any support for the ordinance, and advised that on behalf of Bay View, he wished to point out that the proposed ordinance does not specifically provide for preservation of existing franchises. He urged the Board to defer action on the ordinance, and that staff review whether the districts are currently meeting the AB 939 goals. He noted that Kensington and Bay View are currently promoting recycling efforts and are meeting the goals. He suggested that staff further review if the ordinance will save money or end up costing the rate payer more. There being no further speakers, the Chair commented on the proposed ordinance and the Board' s goals and concerns; and he invited other Board members to also comment. The Board discussed the matter in some detail, including the need to meet the requirements of AB 939, to work together cooperatively with the haulers and Districts, recycling economics, control of the waste stream, the proposed joint powers agreement or memoranda of understanding, and the franchise issue; and to what extent the Board can be held harmless from fines in the event it enters into arrangements with Districts for the administration of part of the AB 939 program, .and what the implications are on a countywide basis if some Districts don' t take responsibility for certain unincorporated areas. IT IS BY THE BOARD ORDERED THAT the hearing is closed, and the comments and concerns discussed at this hearing are REFERRED to staff for review and response, and for report on April 23 , 1991. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisorsonthe date shown. W , ATTESTED. a • /P 9 PHIL BATCHELOR,Cierk of the Board cc: Community Development ; of Supervisors and County Administrator County Counsel County Administrator By ,Deputy