On Monday, November 17, there was a very informative meeting about the garbage situation in the rural area of Castro Valley commonly referred to as “the Canyonlands”. This meeting was well represented by the various stakeholders including over 80 members from the community, representatives from the Alameda County Community Development Agency, LAFCo, Nate Miley, CVSAN, Stopwaste, and the entire Castro Valley Municipal Advisory Council (MAC) .

Background

Supervisor Miley began by giving some background on the situation. He emphasized the need to reach a resolution to the garbage dilemma in the Canyonlands. Several residents in the “Canyonlands” had been asking about increasing their service and including recycling with their garbage pickup. When Waste Management looked into it, they realized that they had been “undercharging” their rural customers for a long time. They responded in June, by announcing a fee increase that was roughly 300%. This huge increase surprised the residents and the residents contacted Supervisor Miley and the MAC about it. Waste Management agreed to reduce the rate increase, but announced that they would cancel service to these 270 homes at the end of December. There have been multiple discussions since this and as a result of Supervisor Miley’s efforts, Waste Management has agreed to extend their service agreement through the end of March.

There are several reasons why the Canyonlands garbage issue is complicated. One of the difficulties is that they are not part of CVSAN. All of the garbage services contacted by the county require some type of agreement and contract that will guarantee service, and a definite customer base. Alameda County believes that the best way to solve the problem is for the area to be annexed by CVSAN and for CVSAN to enter into a contract with a hauler to provide service for the area. Some people mentioned that if the area was to be annexed, perhaps they can explore a different Sanitary District like Oro Loma, and it will be considered. Several community members mentioned that since Waste Management was the company responsible for trying to gouge them in the first place, they were reluctant to award service to them.

Annexation

In September, CVSAN mailed a survey to all of the affected residents to gauge their interest about becoming part of CVSAN. Approximately 35% of the surveys were returned, and over 70% of the respondents were in favor of the idea. Roland Williams, the general manager of CVSAN, stated that this was a preliminary survey to see whether this should be explored, and based on the responses, the answer is yes. There are many questions about the service and the price that need to be worked out before the Canyonlonds can be annexed into CVSAN, but this process is being explored.

In order for the area to be annexed, it must be approved by LAFCo. The boundary areas would have to be defined and mapped. The entire process can take as little as three months, and Supervisor Miley believes that the majority of the LAFCo fees and the County fees can be waived to expedite the process in this emergency. The application would have to be filed and if 25% of the affected area were to protest the annexation, then the annexation will go up for a vote. As a result of this community meeting, CVSAN will be discussing this at their upcoming board meetings and start the application process. The next CVSAN meeting is on December 2, and the public is welcome to attend.

If the area is to be annexed, this will not affect the agricultural properties. Only those properties with developed houses will be considered. If the properties are annexed, they will have a modified agreement that will not include sewage, only solid waste and possibly recycling. In 2019, when the current agreement with Waste Management expires, the Canyonlands contract will also be included in the new agreement. Bundling the Canyonlands and the rest of Castro Valley into a single agreement will give the Canyonlands residents more bargaining power and help to mitigate the additional costs of servicing this area. Their rate could be the same as the rest of Castro Valley, or the option of a tiered rate was mentioned. Some community members did not feel the need for complete service, others wanted recycling and organic hauling.

Here is a copy of the CDA staff report regarding annexation, and here is the original CVSan annexation study from 2009.

Other Options

It was pointed out by Supervisor Miley and several community members that a small private company could do the solid waste themselves, or that CVSAN should have their own hauling company instead of contracting with a garbage company. Because there is not an existing contract with a garbage provider, a small, private firm can pick up the garbage if they are interested. However, they would have to service customers and collect fees on their own, much like a paper route. This is why it is recommended that the Canyonlands partner with CVSAN to exert the bargaining power of the approximately 18,000 residences upon the Canyonlands contract instead.

Near the end of the meeting, a resident from Cull Canyon asked, “Annexation, or no annexation? What happens if we vote no?” This is the heart of the dilemma. Something needs to be done to protect the health, air, and environment of the area, and if this suggested annexation by CVSAN is rejected, what choice do the residents have? There are some temporary stopgaps that could bridge the issue, but ultimately, the decision comes down to them needing a contract with a solid waste hauler. None of the haulers contacted will agree to service the area without a contract and the only two entities that could enter into a contract are CVSAN, or Alameda County. Supervisor Miley has indicated that he “does not want the county to be in the garbage business”, and even if they were, there is no guarantee that rates would be lower. Hopefully, the details will be worked out soon, because the application needs to go to LAFCo soon. This issue will return to the MAC on February 2, for an update, but by then it may be too late.