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�.�A- 4 To: SBWMA Board and Member Agencies From: Hearing Board Members ' Date: January 12, 2005 , Regarding: Performance Heari,ng Findings Report Back�round The South Bayside Waste Management Authority (SBWMA) is a joint powezs authority formed in 1982 to assist its member agencies with cost effective solid waste management. Later it became the prime vehicle to sup�ort the members' program to meet state mandated waste reduction requirements (AB g39), AB 939 requires cities to meet and sustain a 50% waste reduction. The SBWMA member agencies are the Town of Atherton, City of Belmont, City of Burlingame, City of Foster City, Town of Hillsborough, City of East P�lo Alto, City of Menlo Park, City of Redwood City, City of San Carlos, City of San Mateo, County of San Mateo and the West Bay Sanitary Disteict. The SBWMA owns the Transfer Station, Recyclery and related buildings and property located at 225 and 333 Shoreway, San Cazlos. 1'he SBWMA has an Agreement with Browning Ferris Industries (�Fn for the operation of'the Transfer Station and Recyclery (the "Operatin� Ag,reement'� and ��h member ��eancy has e�te�ed into a Franchise Agreement with BFI for Solid Waste, Reeyclable Materials and Plamt Materials Collection Servic�s (the "Collection agreementsf9). These agreements are uniform (gen�r�tlly the sazne language for all members) and were negotiated by SRWMA as a service to its members. Both the Operating and Collec�ion agr�emen�ts contain a provisioru �llowing the SBWMA and/or � each member agency to conduct a Performance Hearing. The purpose of the hearing is "to provide for a discussion and review of technological, economic, and regulatory changes in collection, waste reduction, recycling pro�essing and disposal to achi�ve a continuing, advaneed solid wast� collection, w�ste redactian and dii�version system; and, to ensure services are being provided with adequate quality, effectiveness and economy." Performance Hearin The SBWMA estabiished a Hearing Boarc� a,nd conducted a Performatzce Hearing of BFI's compliance with all agreements. The Hearing was held on November 10, 2004. The purpose of the Hearing was to evaluate BFI's performance on the provision of se�vices im each respective agreement genera:ly and spe�ifically its diveision/waste reduction results as applied to each member agency during the last four years. .The Heari.ng Boazd received bQth written and oral testimony from SBWMA s�aff, SBWN�IA consultants.and BFI �taff. 'I'he puepose of this repoxt is to communicate to the SBWMq Board and m�f,nber agencies tli� I-�earing Boa��d's fmdings. The Hearing Baard members were Michael Carvey, S13WMA Chair and San Carlos City Manager; David Boesch, Menlo Pazk City Ma�l�ger; and Ja�n�s Hardy, Foster City City Manager. The Performance Hearing was a�tended by SBWMq staff/consult�zts, BFI management, SBWMA Boatd representatives aud members of the public. Prior to the hearing, S�WMA staff prepared a report entitled "1��'I PerforYnance Hearing Report", dated November 5, 2004 (copy attached as "Attachement A"). BFI also prepared a