Agenda

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C. 57

To:	Board of Supervisors
From:	INTERNAL OPERATIONS COMMITTEE
Date:	November 13, 2018

Contra

Costa

County

Subject:

REDUCING THE PERFORMANCE BOND AMOUNT REQUIRED UNDER CHAPTER 418-2 OF THE CONTRA COSTA COUNTY ORDINANCE CODE

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 11/13/2018

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

SEE ADDENDUM

VOTE OF SUPERVISORS

AYE:

Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Federal D. Glover, District V Supervisor

NO:

John Gioia, District I Supervisor
Karen Mitchoff, District IV Supervisor

Contact:

Marilyn Underwood (925) 692-2521

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: November 13, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ACCEPT status report from the Environmental Health Director on the revised Solid Waste Collection & Transportation Ordinance, Chapter 418-2, and ADOPT Resolution No. 2018/545 to supersede and replace Resolution No. 2018/41, reducing the amount of the performance bond required to be filed and maintained by a non-franchise solid waste collection and transport permittee from $50,000 to $20,000.

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

The Internal Operations Committee, on October 9, 2018, received the attached status report from Environmental Health Director Dr. Marilyn Underwood, who summarized the actions of her division to establish the permit forms and process, train code and law enforcement officers, and notify non-franchise haulers of the new non-franchise waste hauler permit requirements.

BACKGROUND: (CONT'D)

Dr. Underwood reported that while extensive outreach has been conducted, no permit applications have been received. More than 40 phone inquiries were received but mostly to confirm exemption from the permit program. She reasoned that the current administrative penalties may not provide enough inducement for compliance, noting that the cost for a $50,000 performance bond of approximately $500 far exceeds the penalty for the first and second violation of the ordinance and is equivalent to the penalty for a third violation in a year. Consequently, the Committee is recommending adoption of Resolution No. 2018/545, attached, to reduce the bond amount from $50,000 to $20,000 to encourage greater compliance with the new ordinance.

CLERK'S ADDENDUM

Speaker: Ed Hofler, resident of El Sobrante (commentary attached).

ADOPTED Resolution No. 2018/545 to supersede and replace Resolution No. 2018/41, reducing the amount of the performance bond required to be filed and maintained by a non-franchise solid waste collection and transport permittee from $50,000 to $20,000;

(AYES: II, III, V; NOES: I, IV; ABSENT: None ABSTAIN: None)

DIRECTED a referral to the Legislation Committee or through the appropriate committees, to seek legislation in the next session that specifically raises fines for unpermitted haulers;

(AYES: I, II, III, IV,V; NOES: None; ABSENT: None ABSTAIN: None)

REQUESTED a report from Environmental Health Services in six months regarding any increase in permit requests directly related to lowering the bond amount and an update on the department’s efforts in working with the cities.