To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Solid Waste and Recycling Collection Services in the Unincorporated East County Areas Served by Garaventa Enterprises, Inc., to Extend the Term of the Franchise Agreement
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute, on behalf of the County, an amendment to a franchise agreement with Garaventa Enterprises, Inc., to extend the agreement termination date from August 31, 2025, to a new termination date of December 31, 2025, for continued solid waste, recycling, and organics collection in its East County service area.
2. FIND that the Sixth Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA guidelines, as the Sixth Amendment will not cause potentially significant impacts on the environment.
3. DIRECT the Department of Conservation and Development (DCD) Director or designee to file a CEQA Notice of Exemption with the County Clerk.
4. DIRECT the Director of DCD, or designee, to arrange for payment of the $50 handling fee to the County Clerk for filing the Notice of Exemption.
FISCAL IMPACT:
There is no impact on the County General Fund. The costs for County staff time spent administering the Franchise Agreement with Garaventa Enterprises, Inc., and any related consulting services are covered by solid waste/recycling collection franchise fees.
BACKGROUND:
In May of 1995, the County entered into the Agreement with Garaventa Enterprises, Inc. (dba Mt. Diablo Resource Recovery or MDRR) to govern collection services provided in unincorporated East County areas. The Agreement has been amended five times and said amendments were approved by both Parties on or about January 8, 2000, January 25, 2011, August 9, 2011, July 14, 2020, and April 15, 2025. The Agreement grants MDRR the exclusive privilege and duty to collect solid waste and recyclable material (including organics) routinely generated by residential and commercial customers within the unincorporated service area (Franchise Area).
The Franchise Area covers the following unincorporated communities, all but one of which is located in East County:
1. Part of Bay Point (western portion)
2. Bethel Island
3. Brentwood, unincorporated
4. Part of Byron (outside the Byron Sanitary District service area)
5. Discovery Bay
6. Knightsen
7. North Concord, unincorporated
8. Oakley, unincorporated
The current Franchise Agreement with MDRR continues through August 31, 2025. The purpose of this Sixth Amendment is to extend the term of the Agreement through December 31, 2025. There are no service or rate changes in this Sixth Amendment to the Franchise Agreement.
CONSEQUENCE OF NEGATIVE ACTION:
After August 31, 2025, solid waste, recycling, and organics collection services in the unincorporated East County area currently served by MDRR would no longer be regulated under a franchise agreement as required by County Code Chapter 418-7.