HomeMy WebLinkAboutMINUTES - 02071995 - H.4 H
TO: BOARD OF SUPERVISORS
FROM: VAL ALEXEEFF, DIRECTOR
GROWTH MANAGEMENT& ECONOMIC DEVELOPMENT AGENCY
DATE: FEBRUARY 7, 1995
SUBJECT: SOLID WASTE COLLECTION FRANCHISE ISSUES IN THE
UNINCORPORATED AREAS OF THE COUNTY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND,AND JUSTIFICATION
RECOMMENDATIONS:
1. CONSIDER recommendations proposed in the January 31, 1995 staff report subject
"Consideration of Solid Waste Collection Franchising Issues in the Unincorporated Areas
of the County", in conjunction with related matters.
2. CONSIDER County fee options.
3. CONSIDER response from Central County JPA.
FISCAL IMPACT:
Actions will have different financial impacts. Some financial impact information is provided.
Additional information may be needed depending upon course of action taken.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
On January 24, 1995, the Board requested that staff provide information related to franchises and
other matters. Additional requests have been made since then and it is important to identify the
issues raised and information provided. (See Page 2)
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): -
ACTION OF BOARD ON February 7 , 1995 APPROVED AS RECOMMENDED_ OTHER X
The Board CONTINUED consideration of the above to February 14 , 1995 .
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND ENTERED
X UNANIMOUS(ABSENT ) ON THE MINUTES OF THE BOARD OF SUPERVISORS ON
THE DATE SHOWN.
AYES: NOES:
ATTESTED 2-7-95
ABSENT: ABSTAIN:
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
t
VA:dg BY ,DEPUTY
sw2-7.bo
Contact: Val Alexeeff(646-1620)
CC: County Administrator
County Counsel
GMEDA Department
-- -----._.._...._... ...._
SOLID WASTE FRANCHISE COLLECTION
FEBRUARY 7,1995
PAGE
BACKGROUND/REASONS FOR RECOMMENDATIONS (continued):
1. Franchise issues pertaining to the BFI and Garaventa Enterprises. Implementation of
Ordinance 91-31. (January 31, 1995 Board Order.)
2. County fees, fee options, and current programs funded by fees. (Attachments A, B, C, D)
3. Direct haul mileage cost comparison. (Attachment E)
4. Monthly residential rates for BFI and Garaventa Enterprises service areas. (Attachment F)
5. Staff direction for franchises and permits. (Attachment G)
6. Options for Pleasant Hill BART and Central County JPA response. (Attachment H)
t.
Central Contra Costa Sanitary District
Aai
5019 Imhoff Place,Martinez,California 94553-4392 (510)228-9500 FAX: (510)676-7211
ROGERJ.DOLAN
General Manager
Chie(Engineer
KENTON L.ALM
RECEIVED Counsel for the District
(510)938-1430
n + JOYCE E.MURPHY
February 6, 1 .795 Secretary o(theDistrict
�61996
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
Board of Supervisors °
Contra Costa County
County Administration Building
651 Pine Street, Room 106
Martinez, CA 94553
Honorable Board Members:
During its February 2, 1995 meeting, Central San's Board of Directors acted on the
County's request to be in charge of the solid waste franchising for the central county
unincorporated areas currently under Central San's authority. The draft minutes which
will be reviewed and considered for approval at our Board's February 16, 1995 meeting,
are attached. These draft minutes address our Board's position on ceding franchising
authority to the County in three separate unincorporated central county areas. The
general condition precedent to any such action would be that the County join the Central
Contra Costa Solid Waste Authority on terms consistent with previous letters and
discussions between District and County staff.
It is our understanding that the Board of Supervisors will consider this item on Tuesday,
February 7, 1995. Representatives from Central San will be present to hear your Board's
discussion and provide input, if necessary, with the Board of Supervisors' approval. We
are looking forward to working with the County to develop an agreement to transition
franchising authority in unincorporated central county. We believe this task is achievable
without rancor or undue delay, but it will involve a concerted effort between District and
County staff as there are a number of important details that must be addressed in some
form of a transition agreement. Several issues which should be addressed include:
• The effective dates of the transfer of franchising authority to the County and the
County's membership in the Central Contra Costa Solid Waste Authority; and
• Allocation of this year's franchise fees for the North Concord, Pacheco-Clyde areas
and for the franchise fees up to the spring of 1996 for the unincorporated areas to
be franchised by the JPA after 1996; and
BOARD OF DIRECTORS
JOHNB.CLAUSEN C WILLIAM C.DALTON SUSANMcNULTYRAINEY BARBARA D.HOCKETT MARIOM.MENESINI
President
®Recycled Paper _
Board of Directors
Page 2
February 6, 1995
• Responsibility for potential liability in the Acme lawsuit for areas subject to the
transfer to the County; and
• Delegation of franchise administration responsibilities and direction of wastestream
to the Authority; and
• Responsibility for and transfer of other administrative and AB 939 activities; and
• Expenses associated with County membership in the Authority.
Our Board supports the County's desire to create a contiguous area for increased
operational efficiencies by allowing the County to include the North Concord, Pacheco,
and Clyde areas within the larger regional franchise. For similar reasons, our Board and
the JPA Board have concluded that it is best to maintain the contiguous south and central
incorporated and unincorporated areas within the Authority's service area, including the
unincorporated Pleasant Hill Bart Station area. We believe our general objectives of
providing high quality service at the lowest possible rates can best be achieved through
the competitive process serving larger contiguous areas.
Sincerely,
p A
b"Cua�)X�6�
Barbara D. Hockett
President, Board of Directors
EJ/hb
cc: R. Dolan
E. Jacobs
P. Morsen
J. Murphy
D. Ratcliff
Board of Directors
Ms. Joyce L. Jones, Pres., Pacheco Town Council
Mr. Wally Wiggs, Chair, Pacheco Municipal Advisory Council
Mr. David Kory, Pres., Clyde Civic Improvement Association
Mr. Ken Etherington, Pleasant Hill Bayshore Disposal
Mr. Dan Borges, Valley Waste Management
CCCSWA Board of Directors
Mr. Fred Davis, CCCSWA
ADS/Jacobs 2A/BdofSupv.ltr
4F �.
w r
Excerpt from the Draft Minutes of the Regular Board Meeting of the
CENTRAL CONTRA COSTA SANITARY DISTRICT
February 2, 1995
After Discussion which covered some of the complexities involved in the transfer of
franchising authority such as effective date, outstanding litigation and potential liabilities,
franchise fees, and staff functions, the Board of Directors passed the following motion.
It was moved by Member.Menesini and seconded by Member Rainey, that contingent
upon Contra Costa County (County) joining the Central Contra Costa Solid Waste
Authority (CCCSWA), Central Contra Costa Sanitary District (CCCSD) cedes its
franchising authority for unincorporated portions of Centra County to the County as
follows:
1) For the Pacheco/Clyde/North Concord franchise area without the restriction
that the area be franchised through the CCCSWA RFP process;
2) For the Pleasant Hill BART Station franchise area with the restriction that
the area be franchised through the CCCSWA Request for Proposals (RFP)
process; and
3) For the remaining unincorporated franchise areas of Central County with the
restriction that the areas be franchised through the CCCSWA RFP process;
that staff be directed to prepare a draft agreement(s) to that effect between CCCSD, the
County, and possibly one or more franchisees; and that the draft agreement(s) be brought
back to the CCCSD Board of Directors for final approval. There being no objection, the
motion was unanimously approved on the following vote:
AYES: Members: Menesini, Rainey, Dalton, Boneysteele, Hockett
NOES: Members: None
ABSENT: Members: None
I!
TO: BOARD OF SUPERVISORS
FROM: VAL ALEXEEFF, DIRECTOR �. `�: Contra
GROWTH. MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY COSta
DATE: JANUARY 31, 1995
County
SUBJECT: CONSIDERATION OF SOLID WASTE COLLECTION FRANCHISING ISSUES IN THE
UNINCORPORATED AREAS OF THE COUNTY
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize the GMEDA Director, or his designee, to prepare revised
or new franchise agreements to the current solid waste collection
franchise between the County and Garaventa Ent prises to
incorporate into one solid waste collection franchise the
unincorporated areas presently served by Garaventa Enterprises
under County franchise for Bay Point and Discovery Bay, and
including language, as adopted by the Board in the Franchise with
Richmond Sanitary Services, requiring compliance with the County's
Materials ;Diversion Ordinance and indemnification for any failure
to meet AB;�939 diversion requirements providing that the County has
allowed for program costs within the rate structure, and 'including
the language approved by the Board on November 1, 19941, providing
for control and direction of the wastestream but allowing proposals
from the hauler for alternative transfer and disposal which allow
the lowest costs;
Authorize the GMEDA Director, or his designee, to prepare a
collection franchise agreement between the County and Pleasant Hill
Bayshore Disposal/Browning Ferris Industries (BFI) for Bay Point to
incorporate into one solid waste collection franchise the
unincorporated areas presently served by BFI, namely, areas of Bay
Point, Pacheco, Clyde, Alhambra Valley, Franklin Canyon, and Morgan
Territory, and to include language, as outlined above, for
compliance with the Materials Diversion Ordinance, indemnification
for: any failure to attain the AB 939 diversion goals, and for
alternative transfer and disposal proposals which allow the lowest
costs;
CONTINUED ON ATTACHMENT: YES SIGNATURE `_..
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
i
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS- RECOMMENDED OTHER
M
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Val Alexeeff (510/646-1620) ATTESTED
cc: GMEDA PHIL BATCHELOR, CLERK OF
Community Development Department THE BOARD OF SUPERVISORS
Garaventa Enterprises (via GMEDA) AND COUNTY ADMINISTRATOR
Browning Ferris Industries (via GMEDA)
BY , DEPUTY
VA:gms
939s\bo\Conwlid.SW
q
Solid Waste Collection Franchising Issues in 5'
the Unincorporated Areas of the County 't
Continued - Page 2
Determine under which of the above franchises the following areas
should be included:
a. the California Skyline subdivision
b. the "neutral" area in Bay Point
C. the undeveloped redevelopment area in Bay Point planned
for industrial development
d. the commercial area of North Concord
e. the unincorporated area outside of Antioch.
Determine whether the Board should establish a method of' resolution
of boundary disputes and it is .noted that some of these areas are
not within the Board's authority at this time;
Direct the GMEDA Director, or his designee, to work with the Rodeo
Sanitary District to obtain inclusion of the Rodeo area'.Vithin the
County's franchise with BFI;
Determine whether the existing term of the franchises with,
Garaventa Enterprises and BFI should remain at 15 years with an
option for a five-year extension or be extended to 20 years with an
option for a five-year extension which would be consistent with the
terms of franchises under sanitary districts;
Authorize the $2.00 rate reduction proposed by Garaventa.
Enterprises for all areas included in the Garaventa Franchise to be
effective upon execution of the amendments to the franchise;
Direct the GMEDA Director to prepare a report of status and options
regarding the direct franchising or negotiating Memoranda of
Agreements for collection service with regard to. the areas
presently franchised by the (1) Ironhouse Sanitary District; (2)
Mt. View Sanitary District; and (3) Kensington Community Services
District;
Determine whether the unincorporated area of the Pleasant Hill BART
Station, currently franchised by Central San with Valley Waste
Management 'until February, 1996, should be (a) continued under a
County franchise with Valley Waste Management; (b) planned for
inclusion in another County franchise; and (c) put up for an RFP;
and
Consider reduction in fees for Acme Transfer Station and Keller
Canyon Lan4fi11.
FISCAL IMPACT
There is a potential for both an increase and a decrease in the
County General Fund and/or solid waste program funds.
Unincorporated areas franchised by sanitary districts currently
have franchise fees; specifically, a 3% franchise fee is paid to
the Central' Contra Costa .Sanitary District for Pacheco and Clyde;
a franchise fee is paid to Ironhouse and to Mt. View Sanitary
Districts. If these fees are maintained, an increase to either the
County General Fund or to solid waste program funds would be
experienced. Reductions may occur to revenue from the Keller
Canyon Landfill resulting from alternative transfer and disposal
proposals.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1990 when the Board adopted the Solid Waste Collection
Franchising Ordinance, the Board's policy direction, as stated in
the Board,. Order, was to maintain franchises with the hauler
providing service to the various unincorporated areas of the
County. The above actions would be consistent with that policy.
�l '
Solid Waste Collection Franchising Issues in
,
the Unincorporated Areas of the County
Continued - Page' 3
Ternitory
Presently, a number of areas in Bay Point, the area near Clyde,
unincorporated North Concord, and unincorporated areas around
Antioch are served by Garaventa Enterprises and have been for some
years.
In Bay Point, three areas remain unfranchised: (1) California
Skyline which is a new subdivision in which Garaventa Enterprises
provides over 90% of the homes collection service with Pleasant
Hill Bayshore Disposal/BPI providing service to only 'A few homes;
(2) the "neutral area" in which Garaventa Enterprises provides
about 90% of the homes collection services and Pleasant Hill
Bayshore/BFI provides about 10% of the homes collection services;
and (3) a fairly large and relatively vacant area which is intended
to be developed for industrial and light industrial uses as part of
the County Redevelopment efforts. Garaventa Enterprises would like
1
to include California Skyline and the "neutral areall �`w
ithin their
franchise; they are willing to relinquish the - intended
Redevelopment area to BFI.
Both California Skyline and the "neutral area" are contiguous with
the existing area under franchise to Garaventa Enterprises. If the
Board of Supervisors intends to maintain earlier County policy that
current dervice providers be allowed to maintain their existing
service areas under franchise, it would be consistent 'to extend the
current Garaventa Franchise to include California Skyline and the
"neutral '- area, " and to extend BFI's franchise to include the
prdposed :Redevelopment area.
In, the incorporated North Concord area, Garaventa Enterprises has
been providing services to a number of businesses. Recently, the
Central Contra Costa Sanitary District and BFI approached Garaventa
Enterprises advising them that this North Concord area was within
Central 8an's service area and under exclusive franchise. No prior
claim with regard to this matter had ever been made. Since Central
San appeared to agree, in the Ad Hoc Committee meeting, to
relinquish its franchise within its northern boundaries, if the
Board's policy continues to be to give current
rent service providers
the same areas they are servicing, Pacheco and Clyde should be
included in the existing Franchise with BFI, and North Concord
should be included in the Garaventa Franchise.
Lastly, two other areas need to be considered. one area lies
between Clyde, North Concord, and the California Skyline and is
presently undeveloped flatland and an undeveloped hill--this area
is bounded by Evora Road on the south and the waterfront road on
the north. Since this area would be contiguous to areas currently
served iby Garaventa Enterprises, it may allow' for greater
efficiency in providing service to include it, as re4uested by the
Garaventas, within their franchise. The othei area is an
unincorporated pocket outside the city boundaries of„Antioch.
Antioch. This
area is presently served by Garaventa Enterprises and should be
included in their franchise if the Board intends to allow existing
service providers to maintain their existing service areas.
For efficiency, it might make sense to incorporate Areas served by
one company into one franchise so that by consolidating, reductions
could occur in staff costs for monitoring and future.,.„costs f or rate
reviews, customer service surveys, and so forth.
Franchise Language
As parti,' of amending the existing franchises, the County needs to
assure that AB 939 diversion goals are met. Garaventa Enterprises
has said they. would agree to include both compliance with the
County's Materials Diversion Ordinance and indemnification for any
failure to meet AB 939 diversion based upon the language used in
the Franchise Agreement with Richmond Sanitary Services which
assures: the pass-through in the rates of program costs. If these
amendments were made to the Garaventa Enterprise, making the same
Solid Waste Collection Franchising Issues in
the Unincorporated Areas of the County
Continued - Page 4 �s
amendments to the BFI franchise would make all County^:"franch ises
consistent.
Additionally, to allow for the rate reduction proposed by Garaventa
Enterprises, the franchise should be amended to include the
language approved by the Board on November 1, 1994 , providing for
alternative proposals from the hauler for transfer and disposal of
waste at the lowest cost. To provide consistency in all County
franchises this language should be included in other franchises;
similar lapguage already exists in the franchise with Richmond
Sanitary S„ rvices.
Terms of the Franchise
Presently, ' the Garaventa Franchise for Bay Point is for 10 years
with a five-year extension; under this term, the current franchise
expires in 2000 with the five-year extension bringing the
expiration°' to 2005. Garaventa Enterprises would like a franchise
covering all the unincorporated areas they serve that is consistent
with the franchise they have with Ironhouse Sanitary District,
which is for 20 years and expires in 2013 . Given that the County
would be obtaining AB 939 compliance and indemnification, and
consistency with the Ironhouse franchise term would ;, allow the
County either (1) to more readily assume the Ironhouse franchise or
(2) to more : effectively coordinate programs with . Ironhouse,
extending the current term of the franchise with the County seems
reasonable. If the County extends the current franchise term for
an additional 10 years bringing the expiration to 2005 and
maintains the five-year extension option, then the; franchisee
between the County and Garaventa Enterprises would expire in 2015
which is only two years beyond the expiration of the Ironhouse
franchise. ,
To provide 'consistency among all County franchises, similar terms
should be provided for in any franchise with BFI.
Rates
Garaventa Enterprises has proposed to the Board an immediate rate
reduction of $2.00 and an unspecified amount for an additional rate
reduction at the time their Transfer Station opens. This proposal
would be allowed under the language for alternative proposals
approved by the Board on November 1, 1994. Board action to accept
and approvo this rate reduction is necessary before any lowering of
the rates can be effected.
Reduction in Fees
On September 27, 1994, the Board adopted the current fee structure
for Kellen and Acme (see Attachment A) . On January 24, 1995,
SupervisorGayle Bishop requested reconsideration of current fees.
Staff has �► ovided an update of the comparison of Contra Costa fees
with those,of Alameda and Solano Counties (see Attachment B) . At
the request Supervisor Bishop, we have included a comparison of
revenues at varying rates. and varying tonnages (see Attachment C) .
939s\bo\Caoso1id.SW
Attachment A 2.4
TO: BOARD OF SUPERVISORS ContrF,
780M: VAL ALEXEEFF, DIRECTOR Costa
GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGE Coum
r
DATE: SEPTEMBER 27, 1994
SUBJECT: REPORT FROM GMEDA DIRECTOR TO CONSIDER TIPPING FEES (THEIR AMOUNTS AND
LEVELS) AND OTHER LANDFILL RELATED ACTIONS
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Accept Report from GMEDA Director and confirm September 13, 1994
fees/surcharges and any changes thereto.
FISCAL IMPACT
Reductions to the General Fund will occur.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On September 13, 1994, the Board of Supervisors referred a number 'of issues back
for further consideration on September 27, 1994.
Primary consideration was given to comparing the proposals from BF1, Garaventa,
RSS, and Waste Management. In considering available information, saff had same
unanswered questions so a questionnaire in matrix format was devised and sent to
the companies. The results of this quick survey are provided as Attachment 1 .
Further direction to staff may be given based upon review of information provided.
The Board wished to discuss the history of the Acme Transfer Station and the report
Is provided as Attachment 2.
CONTINUED ON ATTACHMENT: , tx YES SIGNATURE Pa ---r
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE,
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY ThvAT THIS IS A TRUE
—UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE,MINUTES OF THE BOARD
ASSENT: ABSTAIN: OF SUPERVISORS ON,'THE DATE SHOWN.
Contact: Val Alexeeff (510/646-1620) ATTESTED
cc: County Administrator PHIL BATCHELOR, CLERK OF THE
County Counsel BOARD OF,SUPERVISORS AND
GMEDA Departments COUNTY ADMINISTRATOR
9390bOkSwconVa, BY , DEPUTti
t Attachment A continued
TIPPING FEES (THEIR AMOUNTS AND LEVELS) AND OTHER LANDFILL RELATED ACTIONS
Page Two - Continued
The Board action taken on September 13 is provided along with the transcript as
Attachment 3. The charge, as understood by staff, is as follows:
a) Charge the following separately:
At Keller (Eastin Bill fee).................. $ 1.34
At Acme (LEA and AB 939)".......... 1.15
TOTAL ..:................................................................................ $ 2.49
(" charged at Keller for direct haul)
b) Couple cost of all current programs, including HHW and. host mitigation fee at
Keller and Acme Transfer Station, into a flat, combined 25% surcharge, of which
5% is to be deposited in a trust fund for closure and post-closure, or related
litigation expenses.
At a $39.00 proprietary rate, the County's surcharge will total ...... $ 9.75
GRANDTOTAL ...............................................................................$12.24
c) After six months, the Board will re-evaluate all fees, including HHW ($2.12) and
5% ($1.95) component of surcharge (1.95) to determine whether any should be
modified, reduced, or eliminated.
The Board may wish to provide additional clarification in fees in light of the LUP
2020-89 consideration (Item H-1) and take action as appropriate. Additionally, the
Board may wish to direct staff to allocate surcharge amounts'.
The staff report, prepared by Fred Davis to the Central Contra Costa Solid Waste
Authority (CCCSWA) for September 22, is provided as Attachment; 4. Staff will
provide an update on the actions of the CCCSWA. The Board may wish to direct
further action with regard to the CCCSWA.
The Citizens United letter dated September 6, 1994 will be responded to in the LUP
staff report.
Attachment B
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ATTACHMENT E
DIRECT HAUL MILEAGE COST COMPARISON
KELLER PORTRERO HILLS ALTAMONT
Walnut Creek
Miles 17 37 30
Cost per ton to site $8,50 $18.50 $15.00
San Ramon
Miles 27 46 20
Cost per ton to site $13.50 $23.00 $10.00
Antioch
Miles 8 33 r 34 (Vasco Rd.)
Cost per ton to site $4.00 $16.50 $17,00
Martinez
Miles 12 36 41
Cost per ton to site $6.00 $18.00 $20,50
I Miles are on:e way,
2. Rate is per roundtrip mile per ton at $.50 per roundtrip mile per ton.
3. These distances do not include transfer stations which will change the numbers
depending upon point of origin and transfer vehicles.
VA:dg
direethl.0
(1/31/95)
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ATTACHMENT G
FO: BOARD OF SUPERVISORS p
FROM: Sara Hoffman ^,,�,
Solid Waste Manager "/ l''1U��..!}}
tra
DATE: August 6, 1991
lty
3UBSECT: Implementation of Ordinance 91-31, Solid waste coU
Collection, Disposal and. Recycling Agreements.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
L. ADOPT resolutions granting transitional permits to Richmond'Sanitary Service,
SAWDCO dba Valley Waste Management, Pleasant Hill Bayshore Disposal, Pleasant
Hill Bayshore Disposal Inc. , Martinez Disposal, •Orinda ,koraga Disposal,
Crockett Garbage Company, Bay View Refuse and Silvio Gaxaventa, Sr. (dba
Concord Disposal, Oakley Disposal, Brentwood Disposal) - to, allow continued
operation of solid waste collection and recycling services in the
unincorporated areas of Contra Costa County.
2. ADOPT4&esolutions granting transitional permits to Byron Sanitary District,
Central Contra Costa Sanitary District, Crockett-Valona Sanitary District,
Kensington Community Services District, Mt. View Sanitary District, Oakley
Sanitary District, Rodeo Sanitary District and West Contra Costa Sanitary
District to allow their continued franchising of solid waste collection and
recycling services in the unincorporated areas of the Contra Costa County.
3. APPROVE and AUTHORIZE the Chair of the. Board of Supervisors to transmit
notices . to Richmond Sanitary Service, SAWDCO dba Valley Waste Management,
Pleasant Hill Bayshore Disposal, Pleasant Hill Bayshore Disposal,Inc. , Orinda
Moraga Disposal, Bay View Refuse, Crockett Garbage Co. and Silvio Garaventa,
Sr. (dba Concord Disposal, Oakley Disposal, Brentwood Disposal) that
exclusive solid waste handling services, including recycling services, are
to be authorized or provided by Contra Costa County, pursuant to Public
Resources. Code, Chapter 6 (Section 49520)
=TINUED ON ATTACHMENT: _ YES SIGNATURE
•
_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF HOARD C ITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
�,.
aibN
l4i
A r
DOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
� MMNIM01US (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES:�;51� 0 r NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: IL. MINUTES OF THE BOARD OF
Supervisor Fanden advised that she abstained SUPERVISORS ON THE DATE SHOWN.
because she did not vote for the ordinance.
ATTESTED / 9
PHIL B4rCHELOR, CLERK OF
THE BO D n7 SnPFRVISORS
AND COUNTY ADMINISTRATOR
cc: Community Development
County Counsel
h20:imp91-31.bos BY , DEPUTY
i.
RACKGROMM/REASONS FOR RECOMMENDATION
On June 11, 1991, the Board of Supervisors adopted Ordinance 91-31, Solid
Waste Collection, Disposal and Recycling Agreements. This ordinance was
adopted in response to State law which requires the County to develop and
implement plans and programs for the unincorporated areas to reduce waste
going to the landfill by 25% by 1995 and 50% by the year 2000. State law
provides for fines of up to $10,000 per day if the County does not meet these
diversion goals. Ordinance 91-31 provides a mechanism for the County to
achieve these State mandates.
Recognizing the sanitary districts historic role in solid waste collection in
the unincorporated areas of the County and the Board's new state mandated
responsibility, the Board provided a framework under which the sanitary
districts could enter into memorandums of understanding (MOUS) or agreements
with the County for continued solid waste collection franchising and
participation in the recycling effort. Following adoption of the ordinance,
the Chair of the Board of Supervisors sent letters to the presidents of each
of the sanitary districts informing them of the desire of the Board to
cooperate with the sanitary districts and inviting them to enter into
discussions with the County. The Solid Waste Manager sent a �similar letter
to all of the general managers of the sanitary districts. To'date, informal
responses have been received from four districts: Kensington Community
Services District, Mt. View Sanitary District, Rodeo Sanitary District and
Central Sanitary District. Staff will be working with the Aistricts in an
effort to develop MOUS consistent with the ordinance.
In addition, discussions have been held with each of the solid,.waste haulers
on the need to receive franchises for currently unfranchised -unincorporated
areas and for those areas for which there is no .MOU with,;'the currently
franchising sanitary. district. Most of the haulers serve a small number of
unincorporated area homes that are not franchised; typically, isolated
pockets of .under 50 homes. The one exception is Oakley/Brentwood Disposal
which serves Bethel Island and the unincorporated areas of Oakley and
Brentwood.
To allow time for the sanitary districts to consider the MOU option, and to
provide for continued uninterrupted service in the unincorporated areas, it
will be necessary for the Board of Supervisors to issue transitional permits
to the local haulers and franchising sanitary districts as provided in
Ordinance 91-31. The transitional permits would be effective from August 11
through December 31, 1991 and require each hauler to certify that recycling
services are available to the residents of the unincorporated area through
curbside service in the urbanized areas and drop off in the Mural areas no
later than September 30, 1991. It should be noted that the haulers are
currently providing curbside recycling services in most areas.
Ordinance 91-31 establishes parameters for the MOUs, including control of the
wastestream and recyclables being retained by the Board of Supervisors.
Wastestream control is very important since waste will no longer go directly
to landfills but to material recovery facilities which will perform recycling
activities. The local haulers currently control wastestream in all
unincorporated areas except those currently franchised by Contra Costa County
and Central Sanitary District. Under State law, the haulers may voluntarily
assign their wastestream control to the County or the County can obtain it in
accordance with Public Resource Code, Chapter 6, Section 49520 by giving a
five year notice to the hauler of the County's intent to authorize solid
waste collection services, including recycling.
In accordance with the Board's declaration of intent to allow the current
providers of service in the unincorporated area to continue providing such
services for at least the term of their current franchises with the sanitary
districts if the County's attempts to negotiate MOUs with . the sanitary
districts are not successful, the five year notice provides that it becomes
null and void if an MOU is operative on the effective date of fihe notice, or
if the local haulers have an executed franchise agreement with�,the County by
December 31, 1991.
L^ic-YJ1-177 7 W-✓_R lri r mu1-I
' ATTA.CHMENT H
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER1
BOARDMEEnnpff5ruary 2, 1995 NO.
7. SOLID WASTE a.
sue.IEcr DAT3anuary 31 , 1995
CONSIDER QEDING DISTRICT'S FRANCHISING
AUTHORITYiTO CONTRA COSTA COUNTY IN CERTAIN TYPE OFACTION
UNINCORPORATED AREAS OF CENTRAL CONTRA CONSIDE=R OPTION
COSTA COUNTY
i •
su6MiTTl:D SY INITIATING DEPVEAV.
Paul Morsen„ Deputy General Manager Administrative/Solid Waste
ISSUE: Conga Costa County has, as a condition of their participation and membership in the
Central Contra Costa Solid Waste Authority (CCCSWA), stated that the District must cede its
franchising airthority over the entire unincorporated area for which the District is the franchisor.
The District has previously agreed to cede franchising authority to the County for the
unincorporated area subject to the condition'that the County join the CCCSWA and franchise
the area through the competitive RI=P process. The County has now asked the CCCSWA to
remove the Pacheco-Clyde-North Concord franchise area (the entire area is franchised with
Pleasant Hill bayshore Disposal, Inc.) as well as the Pleasant Hill Bart franchise area (served by
Valley Wastg Management, Inc.) from the CCCSWA Request for Proposal process.
BACKQRQU6I13: Much of the dialog between the County, the District, and the CCCSWA
regarding the County's franchising interests are outlined in the documents attached to this
Position Paper. Of those issues two are as yet unresolved. Accordingly,' it is appropriate for
the District to;consider these two issues:
Pleasant Hili: Bart Station area: The Pleasant Hill Bart Station .franchise area is an
unincorporated island bordered by Concord, Pleasant Hill,and Walnut Creek(see attached map).
That area -is .currently served by Central San's franchisee, Valley haste Management.
According ta.Valley Waste Management's records, the solid waste service area contains 19
very large business commercial accounts, 17 multi-family commercial` accounts, and 296
residentia:l accounts.
i
The County jequested that the CCCSWA remove this area from the RFP•"quite late in the RFP
process. It Is not known what the County's reasons are for wanting to delete this area;
however, ns bointed out at the CCCSWA's meeting,.this area is contiguous to the CCCSWA's
franchise•sre . The CCCSWA at its January 26,. 1995 meeting decided that this area should
stay within the RFP that is currently out for bid.
ransm'ttal tmemo 7E7I "O'i* '
Post-11-brand W .
ROM
ING DEPTJDIV. �' Q JC1 F ENG.
1 Dept Phone# Q
1 rq=# .
i azA-7/8I ROGER r,DOUW
P.M. .I 15IPosPapey#3/C=WACodr.pP
-- - - .- -- ---
' ?F
02-01-1995 03:09PM FROM CCCSD TO 6461599 P.02
i
i -
SLEJECt
11004, PAPER
-CONSIDER CEDING DISTRICT'S FRANCHISING
AUTHORITY:TO CONTRA COSTA COUNTY IN CERTAIN 2 of 12
RAGE
UNINCORPORATED AREAS OF CENTRAL CONTRA
COSTA COUNTY ' DATE
January 31, 1995
Paclrecc -Code-North Concord Area
The County has expressed a desire to franchise solid waste collection ire these areas several
times in the recent past. The County maintains that they have legal authority to
take over franchising from the District if they desire; District legal counsel does not share this
opinion. As tate as the summer of 1994, the District's staff and County's staff were discussing
the possibility of having the District cede franchising authority in this aree'to the County while
the District would.continue as sole franchisor of the Blackhawk, Alam6, Round Hill, Diablo
areas, and unincorporated islands in and around Walnut Creek. This would; have resulted in the
CCCSWA being able to efficiently manage the targe contiguous area from•the northern border
of�Walnut C,`eek and unincorporated islands southward to the borders;,of San Raman and
westward Inluding La Morinda. The County broke Doff discussions• in this regard in late.lune
of 1994.
By October of 1994, having heard nothing further from the County regarding Pacheco-North
Concord-Clyde area, the CCCSWA added the Pacheco-North Concord-Clyde area to the RFP
package: A low weeks ago, after the RFP was issued, the County made the removal of this
area from the RFP a condition of its joining the JPA. The CCCSWA has appropriately deferred
this matter to this District for determination as Central Sart has the franchising authority in the
area and would, therefore, have to be the one to cede this authority to another jurisdiction. The
Pacheco-Norlvh Concord-Clyde area is not contiguous with the rest of the Central Contra Costa
Solid Waste Authority's franchise area and so economies and efficiencies resenting from a targe
contiguous area would not necessarily apply in this case. If this area 'stays in the RFP, 'it,
nevertheless} would have new rates set in the competitive process. Alternatively, should the
County be gl�Ven franchising authority in this area, they intend to manage this area outside of
the COCSWAt. As we understand the County's position, they would represent only Slackhawk,
Round Hill, Diablo, Alamo, and islands in and around Walnut Creels areas as JPA members. It
is unclear what plans the County might have for future franchising in the Pacheco-Clyde-North
Concord com'munities. The County will be discussing this issue Tuesday, January 31, 1995.
Staff may have further information by the time of the Board Meeting.
i •
It is important that these two issues be resolved because if the areas are not to be included
with RFP, staff needs to make timely notice, in the form sof an addendum to the RFA, to those
companies vrhich who are currently considering bidding for the collectiontrecycling operation
in the new franchising period beginning March 1, 1996. The deadline for RFP responses is
March 1, IM.
i
tsar-7�st
i
l
4
f"
02-01-1995 03:O9PM FROM, CCCSD TO 6461599 P.03
i '
su9jEGT .
, IOWCM PIP
.w CONSIDER CEDING DISTRICT'S FRANCHISING
AUTHORITY TO CONTRA COSTA COUNTY 1N CERTAIN PAGE 3 OF 12
1.7NINCORl OC ATED AREAS OF; CENTRAL-CONTRA dare
COSTA COUNTY
January 31, 1995
j
REC0WEND AVON,
t Discuss and determine if the Pleasant Hilt Bart Station area franchising authority should
be ceded to Contra Costs County without the restriction that the area be franchised
through.the CCCSWA RPP process.
2. Discuss'arid determine if the Pacheco-Clyde-North Concord franchise area should be
ceded to Contra Costa County without the restriction that the area be franchised through
the CCCSIWA RFP process.
i
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,F.
Central Contra Costa Sanitary District
5019 Imhoff Place,Martinez,Califomia94553-4392 510) 00 { 676-7211 1
ROGER J.DO/AN
C Manager
Chief
ChielEngineer
KEA70NL.ALM
RECEIVED Counsellor the 8- 31
(510)938-141430
JOYCE E.MURPHY
February 6, 1995
Secretary olthe District
� �8 �
CLERK BOARD OF SUPERVIWRS
COMA COSTA CO.
Board of Supervisors
Contra Costa County
County Administration Building
651 Pine Street, Room 106
Martinez, CA 94553
Honorable Board Members:
During its February 2, 1995 meeting, Central San's Board of Directors acted on the
County's request to be in charge of the solid waste franchising for the central county
unincorporated areas currently under Central San's authority. The draft minutes which
will be reviewed and considered for approval at our Board's February 16, 1995 meeting,
are attached. These draft minutes address our Board's position on ceding franchising
authority to the County in three separate unincorporated central county areas. The
general condition precedent to any such action would be that the County join the Central
Contra Costa Solid Waste Authority on terms consistent with previous letters and
discussions between District and County staff.
It is our understanding that the Board of Supervisors will consider this item on Tuesday,
February 7, 1995. Representatives from Central San will be present to hear your Board's
discussion and provide input, if necessary, with the Board of Supervisors' approval. We
are looking forward to working with the County to develop an agreement to transition
franchising authority in unincorporated central county. We believe this task is achievable
without rancor or undue delay, but it will involve a concerted effort between District and
County staff as there are a number of important details that must be addressed in some
form of a transition agreement. Several issues which should be addressed include:
• The effective dates of the transfer of franchising authority to the County and the
County's membership in the Central Contra Costa Solid Waste Authority; and
• Allocation of this year's franchise fees for the North Concord, Pacheco-Clyde areas
and for the franchise fees up to the spring of 1996 for the unincorporated areas to
be franchised by the JPA after 1996; and
olzryBDARD OF DIRECTORS
JOHNB.CLAUSEN ` WILLIAM C.DALTON SUSANMcNJLTYRAINEY BARBARA D.HOCKE77 MARIOM.MENESINI
President
®Recycled Paper
Board of Directors
Page 2
February 6, 1995
• Responsibility for potential liability in the Acme lawsuit for areas subject to the
transfer to the County; and
• Delegation of franchise administration responsibilities and direction of wastestream
to the Authority; and
• Responsibility for and transfer of other administrative and AB 939 activities; and
• Expenses associated with County membership in the Authority.
Our Board supports the County's desire to create a contiguous area for increased
operational efficiencies by allowing the County to include the North Concord, Pacheco,
and Clyde areas within the larger regional franchise. For similar reasons, our Board and
the JPA Board have concluded that it is best to maintain the contiguous south and central
incorporated and unincorporated areas Within the Authority's service area, including the
unincorporated Pleasant Hill Bart Station area. We believe our general objectives of
providing high quality service at the lowest possible rates can best be achieved through
the competitive process serving larger contiguous areas.
Sincerely,
Barbara D. Hockett
President, Board of Directors
EJ/hb
cc: R. Dolan
E. Jacobs
P. Morsen
J. Murphy
D. Ratcliff
Board of Directors
Ms. Joyce L. Jones, Pres., Pacheco Town Council
Mr. Wally Wiggs, Chair, Pacheco Municipal Advisory Council
Mr. David Kory, Pres., Clyde Civic Improvement Association
Mr. Ken Etherington, Pleasant Hill Bayshore Disposal
Mr. Dan Borges, Valley Waste Management
CCCSWA Board of Directors
Mr. Fred Davis, CCCSWA
ADS/Jscobs2A/Bdo1Supv.1tr
c
Excerpt from the Draft Minutes of the Regular Board Meeting 'of the
CENTRAL CONTRA COSTA SANITARY DISTRICT
February 2, 1995
After Discussion which covered some of the complexities involved in the transfer of
franchising authority such as effective date, outstanding litigation and potential liabilities,
franchise fees, and staff functions, the Board of Directors passed the following motion.
It was moved by Member Menesini and seconded by Member Rainey, that contingent
upon Contra Costa County (County) joining the Central Contra Costa Solid Waste
Authority (CCCSWA), Central Contra Costa Sanitary District (CCCSD) cedes its
franchising authority for unincorporated portions of Centra County to the County as
follows:
1) For the Pacheco/Clyde/North Concord franchise area without the restriction
that the area be franchised through the CCCSWA RFP process;
2) For the Pleasant Hill BART Station franchise area with the restriction that
the area be franchised through the CCCSWA Request for Proposals (RFP)
process; and
3) For the remaining unincorporated franchise areas of Central County with the
restriction that the areas be franchised through the CCCSWA RFP process;
that staff be directed to prepare a draft agreement(s) to that effect between CCCSD, the
County, and possibly one or more franchisees; and that the draft agreement(s) be brought
back to the CCCSD Board of Directors for final approval. There being no objection, the
motion was unanimously approved on the following vote:
AYES: Members: Menesini, Rainey, Dalton, Boneysteele, Hockett
NOES: Members: None
ABSENT: Members: None