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COUNTY OF SAN MATEO Inter-Departmental Correspondence | ||
Department of Public Works | ||
DATE: |
August 27, 2008 | |
BOARD MEETING DATE: |
September 16, 2008 | |
SPECIAL NOTICE/HEARING: |
None | |
VOTE REQUIRED: |
Majority | |
TO: |
Honorable Board of Supervisors | |
FROM: |
James C. Porter, Director of Public Works | |
SUBJECT: |
AGREEMENT BETWEEN THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY AND THE CITY OF SAN CARLOS, WHICH AUTHORIZES PAYMENT OF 5% OF THE GATE FEES TO THE CITY OF SAN CARLOS | |
RECOMMENDATION: | ||
Adopt a Resolution endorsing the provisions of the agreement between the South Bayside Waste Management Authority (SBWMA) and the City of San Carlos which authorizes payment of 5% of the gate fees to the City of San Carlos in consideration of services it provides in its capacity as host city of the Regional Shoreway Recycling and Disposal Center (SRDC). | ||
VISION ALIGNMENT: | ||
Commitment: Responsive, effective and collaborative government. | ||
Goal 22: County and local governments effectively communicate, collaborate and develop strategic approaches to issues affecting the entire County. | ||
This action furthers the above-mentioned commitment and goal by endorsing the payment of 5% of gate fees to the City of San Carlos in consideration of the services it provides as host city of an important regional facility. | ||
BACKGROUND: | ||
In 1982 the County became a member of the SBWMA, which is comprised of | ||
DISCUSSION: | ||
The SRDC was initially constructed in the City of San Carlos in 1982 by Browning Ferris Industries (“BFI”), pursuant to a conditional use permit (CUP) issued by the City of San Carlos. The CUP was conditioned on BFI and the City entering into an agreement providing the City with a “franchise fee” in order to offset impacts from the SRDC’s location and operation in the City. The franchise fee was five percent (5%) of the gate fee revenues received at the SRDC. | ||
The SBWMA purchased the SRDC in 2000. Although the contract between the City and BFI expired in 2004, fees in the amount of 5% have continued to be paid to the City. While the SBWMA JPA as amended in December 2005, states that the City will receive a franchise fee from the operation of the SRDC, the JPA does not specify the exact amount of the fee. | ||
SBWMA has applied to the City for a CUP covering the substantial improvements planned for the SRDC. In connection with the permit application and the associated CEQA documentation, SBWMA and the City have worked together to create the new agreement. The SBWMA’s CUP application and related CEQA documentation was approved by the City of San Carlos Planning Commission on July 21, 2008. | ||
The new agreement will provide for the continued payment to the City of 5% of the gate fee revenues earned at the SRDC but does not apply to revenues received by SBWMA from the sale of recyclable materials. The term of the agreement is concurrent with that of the new CUP. While the JPA does not require member agency approval of this agreement, the SBWMA Executive Director requests concurrence by at least 2/3 of the member agencies in the continued payment of | ||
The San Carlos City Council unanimously approved the agreement on July 14, 2008 and the SBWMA Board unanimously approved the agreement on July 24, 2008. | ||
County Counsel has reviewed and approved the resolution as to form. | ||
FISCAL IMPACT: | ||
The amount of franchise fee will vary each year based on the actual receipts at the facility gate. The franchise fee is anticipated to be approximately $1.2 Million annually to the City of San Carlos in accordance to the provisions in the | ||
