HomeMy WebLinkAboutAGENDA BACKUP 05-17-90
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
SUBJECT
NO.
3.
HEARINGS
a.
DATE
CONDUCT A PUBLIC HEARING TO CONSIDER
ESTABLISHING EQUALIZATION CHARGES FOR
LOCAL IMPROVEMENT DISTRICT NO. 56
TYPE OF ACTION
CONDUCT PUBLIC
HEARING AND
ESTABLISH CHARGES
SUBMITTED BY
Jay S. McCoy
Construction Division Mana er
INITIATING DEPT.lDIV
Engineering Department/
Construction Division
ISSUE: The Board of Directors must conduct a public hearing to
establish equalization charges.
BACKGROUND: Local Improvement District (LID) No. 56 included 22
properties which were assigned a total of 29 assessments. One of
these properties is being subdivided into two parcels. Each of the
two parcels will have direct access to the public sewer main which was
installed in conjunction with LID 56. One of the parcels will be
assigned the original, full assessment which will be paid yearly
through tax collections; the other parcel will be required to pay an
equalization charge. The assigning of the original assessment is the
subject of a separate position paper on the consent calendar later in
this agenda.
The equalization charge, after it is collected, will be distributed
equally to the assessment district participants to reduce their
assessments. The equalization charge will include an interest
component equivalent to the average yearly interest paid by each LID
participant. The interest charge will be added to the prepaid cash
payment established for the LID ($8,100) to determine the equalization
charge for any given year.
Staff has calculated equalization charges for all 15 years of the
assessment district. These charges appear on Attachment 1.
Equalization charges will be collected during the term of the
assessment district bonds and only at the time of connection of
structures to the public main. When the assessment district bonds
mature, equalization charges will not be collected for any connection
to the LID sewer. Staff proposes adoption of the schedule of charges
at this time.
section 6.16.020 of the District Code provides for the Board
establishing equalization charges after conducting a properly noticed
public hearing. The Notice of Public Hearing was published in the
Contra Costa Times on May 6, 1990. It is appropriate to conduct a
public hearing to establish equalization charges for LID 56.
RECOMMENDATION: Establish equalization charges for LID 56 in
accordance with the amounts shown in Attachment 1.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
ATTACHMENT 1
EQUALIZATION CHARGES
LID 56
YR.*
PREPAID
CASH PAYMENT
YEARLY * *
INTEREST
EQUALIZATION
CHARGE
0 $8,100 $ 0 $ 8,100.00
1 8,100 453.33 8,553.53
2 8,100 907.06 9,007.06
3 8,100 1,360.59 9,460.59
4 8,100 1,814.12 9,914.12
5 8,100 2,267.65 10,367.65
6 8,100 2,721.18 10,821.18
7 8,100 3,174.71 11,274.71
8 8,100 3,628.24 11,728.24
9 8,100 4,081.77 12,181. 77
10 8,100 4,535.30 12,635.30
11 8,100 4,988.83 13,088.83
12 8,100 5,442.36 13,542.36
13 8,100 5,895.89 13,995.89
14 8,100 6,349.42 14,449.42
15 8,100 6,802.95 14,902.95
* Year 1 begins September 2, 1988.
**Based on an average interest rate of 7.8% being paid by the
participants in LID 56.
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
r PAGE 1
OF 51
POSITION PAPER I BOARD MEETING OF May 17, 1990
SUBJECT
NO.
3. HEARINGS b.
DATE
CONDUCT A PUBLIC HEARING TO CONSIDER
A REQUEST FOR CONSENT TO THE ASSIGNMENT
OF THE ORINDA-MORAGA DISPOSAL SERVICE, INC.
FRANCHISE AGREEMENT TO W. DOUGLAS LOMOW ET AL.
May 10, 1990
TYPE OF ACTION
CONSIDER REQUEST
FOR ASSIGNMENT
SUBMITTED BY
Walter Funasaki
Finance Officer
INITIATING DEPT /DIV
Administrative/Finance and
Accounting
ISSUE: Orinda-Moraga Disposal Service, Inc. has requested the
consent of the District to the assignment of its franchise
agreement to W. Douglas Lomow et. al.
BACKGROUND: The Board of Directors received notification from
George Navone, Vice-President of Orinda-Moraga Disposal Service,
Inc., of the intent of the stockholders to sell their ownership
interests to W. Douglas Lomow et.al. As required by the franchise
agreement, under the terms of Section 21, Assignability of
Agreement, the refuse collector has requested the consent of the
District to the change in ownership.
Information to enable a review of the assignment was requested by
the District. The information received is provided as Attachments
I and II, and are appended to this position Paper. The information
provided on Attachment I is in response to District questions shown
on Attachment 1-1. A summary of certain information considered
noteworthy follows:
The following are paraphrases of the responses recei ved.
District staff comments are shown in bold-face type.
l.d>
William Douglas Lomow (Lomow) and/or his immediate family
and/or his family trust will acquire a minimum of 50 percent
of the company's issued common stock. Lomow reserves the
right to sell up to 50 percent of the company's stock; if such
sale of a 50 percent interest occurred, it could mean that
Lomow would not be the majority stockholder.
INITIATING DEPT.iDIV. @9 ~'f
~.-. .1 ....
~ ...; '\>--/1 \
1302A-9/85 WNF Pt1 KLA
2.b>
Lomow contemplates purchasing all the outstanding stock of the
company from the Navone family. The purchase price is
considered "private and irrelevant." However, a five year
consulting Agreement at a total payment of $90,000 per year
for the services of George Navone and Don Navone, and a five
year Non-compete Agreement to be executed by the Navone family
at a total payment of $50,000 per year are included as
REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ ..
~~~r.irIEF ENG.
VY} '{hI&-
I ROGER J. DOLAN
SUBJECT
CONDUCT A PUBLIC HEARING TO CONSIDER
A REQUEST FOR CONSENT TO THE ASSIGNMENT
OF THE ORINDA-MORAGA DISPOSAL SERVICE, INC.
FRANCHISE AGREEMENT TO W. DOUGLAS LOMOW ET. AL.
POSITION PAPER
2 51
PAGE
OF
DATMay 10, 1990
operating expenses of the company in the recently submitted
rate application.
5.c>
George Navone will continue to be employed as General Manager
and Don Navone as Operations Manager; the Office Manager and
Recycling Supervisor will also be retained in their present
positions.
Attachment II is a copy of the franchise agreement on which is
requested an affirmation as to each section of the agreement having
been read and whether it was understood; a comments section is
provided for the respondent's use. A summary of certain comments
considered noteworthy follows:
The following paraphrases comments by Lomow related to certain
sections of the franchise agreement. District staff comments
are shown in bold-face type.
section 20. Billing
No changes in billing policy are planned, except
implementation of a computerized system.
District staff will review the requirements for use of common
billing quarters, and provision, on the billing statement, for
public hearing notices and notification of new rates with
Lomow.
section 29. Takeover of Franchise Rights By Other Public
Entity
Lomow does not agree with the requirement of this provision
that despite any actions by another public entity to assume
the role of the solid waste franchiser, the District shall
retain the right at all times during the term of the agreement
to direct the disposition of all garbage collected within the
Zone.
A letter which acknowledges the comment made by Lomow, but
reaffirms the requirement of this section as being inviolable
should be prepared.
The public hearing to consider the request for consent to the
assignment of the franchise agreement was publicly noticed in the
Contra Costa Times.
13026-9/85
SUBJECT
CONDUCT A PUBLIC HEARING TO CONSIDER
A REQUEST FOR CONSENT TO THE ASSIGNMENT
OF THE ORINDA-MORAGA DISPOSAL SERVICE, INC.
FRANCHISE AGREEMENT TO W. DOUGLAS LOMOW ET AL.
POSITION PAPER
3 51
PAGE
OF
DAT~ay 10, 1990
RECOMMENDATION: Conduct a public hearing to consider the request
by Orinda-Moraga Disposal Service, Inc. for consent by the District
to the assignment of its refuse collection franchise agreement to
W. Douglas Lomow et ale and based on public comment received and
resolution of the matter reviewed in the attached letter, determine
whether the assignment should be approved.
13026-9/85
;
Attachment I
Response
1. Business/Personal Structure:
a) William Douglas Lomow (hereinafter "LOMOW") is a private
individual and businessman with 16 years experience in
the integrated, waste management business. LOMOW has
numerous investments, his most important as it relates
to Orinda-Moraga Disposal Service, Inc. (hereinafter "OMD")
is his 100% ownership of Boise Ada Disposal, Inc. a private
Idaho Corporation engaged in the integrated solid waste
management business. LOMOW'S social security number
is
b) LOMOW's address is:
Residence:
Business:
2785 S. Liberty Road
Boise, ID 83709
c) LOMOW'S only and most recent "annual report" would be
his 1988 joint personal tax return, which is private and
has no bearing whatsoever on the matters presented herein.
d) Provided the acquisition contemplated herein closes, the
legal and Corporate relationship between LOMOW and OMD, will
see LOMOW and/or his immediate family and/or his family trust
owning a minimum fifty (50%) percent of all of the Company's
issued common voting stock. LOMOW reserves the right to
sell, hypothecate, pledge or otherwise deal in, up to fifty
(50%) percent of the Company's stock should he deem it to be
in the best interests of the Company and/or stockholders. At
the same time, LOMOW shall at all times, maintain control of
OMD and keep the District current on all changes in Company
share ownership, Company Officers, and Company Directors.
Further, LOMOW would become Director and Chairman of the
Company's Board of Directors and the Company's President.
e) There is no legal and/or Corporate relationship planned or
existing between OMD and any other business entities or affil-
iates of LOMOW. Should such a relationship be contemplated
at anytime, LOMOW shall inform the District prior to a legal
interlocking relationship coming into existence.
f) At the time of consummation of the anticipated transaction,
LOMOW will become the controlling stockholder; Company
Director and Chairman of the Board of Directors; and Company
President.
-1-
2. Terms of Sale:
a) LOMOW as a private individual and businessman contemplates
the purchase of all of the outstanding stock of OMD from the
Navone family (Fran, George and Don and also recognizes any
and all common law property ownership rights thereto).
b) The acquisition transaction as contemplated involves:
i) The purchase of all outstanding stock of OMD
from the Navone family. The purchase price
for their stock is private and irrelevant to
the District as it has no bearing upon service
or rates.
ii) A five (5) year Consulting Agreement between the
Company and the Navones, particularly George and
Don to retain their personal services which will
ensure continuity and consistency of service to
customers; relationships with employees, suppliers
the District and the Community; recycling and other
policy matters. The Company will pay them a total of
only Ninety Thousand ($90,000) dollars per year for
such necessary support and continuity.
iii) A five (5) year Non-compete Agreement will be
entered into between the Company and the Navone
family preventing them from being in the waste
collection and recycling business in Contra Costa
County. The Company will pay them a total of Fifty
Thousand ($50,000) dollars per year for this Agreement.
c) Neither LOMOW nor OMD shall directly or indirectly have any
ownership or proprietary interest in Acme Fill Corporation or
any of it's affiliated entities.
3. Contra Costa County interests:
a) At the present time LOMOW has no Officers, Directors or
employees of his own residing within Contra Costa County,
California. However, it is anticipated that LOMOW may
relocate himself and his family to the County within the next
twelve months.
b) LOMOW owns no assets at this time nor contemplates owning
any assets prior to completion of the acquisition in Contra
Costa County, California.
c) LOMOW has no local business address or operation in Contra
Costa County, California.
d) LOMOW has no prior business interests in Contra Costa County
or solid waste handling business interests in the greater
San Francisco Bay Area.
-2-
4. Other residential and commercial franchises:
a,b,c) Though LOMOW does not personally own any franchises or
contracts, he is the sole stockholder in Boise Ada Disposal,
a private Idaho Corporation which operates an exclusive
County waste collection franchise in and for Ada County,
Idaho. The contact for such franchise is Mr. V. Bisterfeldt,
Chairman.
The Ada County Commissioners
Ada County
650 Main Street
Boise, ID 83702
LOMOW has never had a contract or franchise expire, cancel or
not renewed, ever, anywhere in the United States.
5. Corporate Organization, Operations, Recycling and Disposal:
a) The General Manager and local contact person for the District
will be George Navone.
b) There will be two people responsible jointly to represent
OMD to the District. They shall be:
George Navone
General Manager
Responsibilities:
Day to Day Operations
Doug Lomow
President
Responsibilities:
Company policy; and
material changes in
either the contract
or level of service.
c) All daily operating responsibilities and authority will be
left to the present management/operating group, as follows:
George Navone
Pat La Berra
TBA
Don Navone
Jose Ruvalcaba
General Manager
Office Manager
Customer Service/Community Relations
Operations Manager
Recycling Supervisor
LOMOW'S responsibility and authority shall for:
Overall planning; policy; direction; control; finance;
industry and community relations; and co-ordination of
the Company. Best summed up: "The buck stops here!"
There will be no other person with this overall respons-
ibility and authority.
-3-
d) Complaint/inquiry taking, investigation/follow-up and
resolution of complaints and inquiries shall be handled
exactly as it is now at the same telephone number and
address, and with the same experienced personnel. George
Navone will continue to have responsibility over same,
though a new internal documentation/tracking system will
likely be implemented. LOMOW'S personal assurance is to make
"no major operating changes" without careful thought and
after due consideration. The current, effective complaint/
inquiry system is very straight forward.
e) Initial discussions have been held already with all office
and operating personnel, and given that there will be no
changes in management, daily operating policies, or negative
changes to personnel policies and payroll LOMOW has every reason
to believe that there will be no negative impact on service
or on customers.
f) At the present time, LOMOW will ensure that the Company
continues to meet customer's service needs as in the past,
and is already anticipating customer's needs for greater
convenience and service cost containment. As such, we
anticipate implementing an optional residential cart
service within six (6) months. We have also, in con-
junction with the Navones, tried to develop a realistic
proforma budget which properly reflects the significant
initial short-term expense of curbside recycling which
was not properly budgeted for in 1989/90. Further, we are
industry leaders already and very much abreast of modern
and evolving techniques in management, equipment, finance
and systems which will allow us to enhance service, improve
productivity and over the long-term, contain service costs.
g) Presently LOMOW has no plans for the construction of a
transfer station, though we are considering approaching both
Acme and Martinez Sanitary to discuss the possibility of re-
cycling some OMD trash at their respective facilities. How-
ever, there are NO specific plans and there exists NO written
agreements between LOMOW, OMD and Acme Fill.
-4-
h) LOMOW'S plan is to continue to support and pursue the very
successful, existing residential curbside recycling program
and undertake an operations audit prior to 01/01/91 to ensure
maximum productivity of manpower and equipment. LOMOW looks
forward to working closely with all commercial customers, the
Cities, and CCCSD, to deliver a volume and cost effective
commercial waste recycling/reduction program.
LOMOW himself has an extensive background in waste stream re-
duction and recycling as a consultant, system designer and
operator. LOMOW pioneered community newspaper and cardboard
collection and recycling programs in the 1970's and early
1980's in Alberta, Canada. In the mid to late eighties, he
directed many of BFI's early recycling programs in California,
and his Idaho company is the only trash recycler in the State,
using their South Boise transfer facility. LOMOW also served
very effectively as the waste industry's County-wide recycling
consultant in Riverside County, California from January to
April 1990.
LOMOW'S own style dictates detailed cost/benefit analysis of
program/system operations to ascertain the most effective
approach over both short and longer term time horizons.
i) It is LOMOW'S plan to continue utilizing the existing
disposal options of Acme and Richmond at least through March
1, 1991. If and when the acquisition plan contemplated by
this application is approved, LOMOW will undertake a detailed
study of potential disposal options available to OMD from
March 1, 1991 through March 1, 1996. At this time neither
LOMOW, nor OMD have any legally enforceable commitments for
disposal beyond March 1, 1991.
6. Corporate Relationships - Merger and consolidation:
a) No, there are currently no plans to explore the possibility of
merger or consolidation of operations between OMD and LOMOW
or any affiliate of LOMOW which will provide service presently
provided by OMD or any other entity owning five (5%) percent
or more of OMD stock, and OMD operations franchised by CCCSD
were to occur, LOMOW accepts that the current franchise
agreement between CCCSD and OMD under paragraph 21 would re-
quire that OMD seek approval from CCCSD prior to such merger
or other consolidation of operations between OMD and LOMOW
or such other entity owning five (5%) percent of OMD stock.
7. Relationships with Acme and/or other disposal facility:
a) There is no legal/ownership relationship between LOMOW, OMD
and any solid waste facility in the greater San Francisco
Bay Area.
b) The likelihood that LOMOW or OMD would ever become an owner
or operator of a privately owned disposal site within Contra
Costa County which would provide service for Central County
is extremely remote. However, should such occur, LOMOW would
not commit today to rate regulation by the District or any
other public entity.
-5-
8. Assets of OMD:
a & b) LOMOW plans no changes respecting the continued control and
utilization of OMD's current operating assets utilized by
the Company in the performance of it's contractual obligations.
LOMOW has sought and received best-of-knowledge assurance to
his satisfaction from the Navones respecting all liabilities
incurred prior to closing. As such, the Navones have indemn-
ified both LOMOW and the Company from same and all such actions
and litigations against LOMOW and the Company will be defended
in this light. This question in both wording and issue raises
numerous concerns to LOMOW as follows:
i) Is CCCSD aware of any liability which may have
been incurred as a result of operations, litigation,
legislation or currently unpursued regulatory
enforcement, including but not limited to,
liability to the Company and or the Navones,
liability resulting from actions and/or finding
OMD to be a responsible party in hazardous
waste enforcement actions or litigations?
ii) LOMOW reserves the right to allocate assets at
anytime in the best interests of the Company,
it's customers, employees and stockholders.
9. Litigation:
a)
b & c)
d)
There are not presently, nor have there ever been any
criminal lawsuits against LOMOW or his operating Company,
Boise Ada Disposal, Inc.
There are not presently, nor have there ever been any civil
complaints against LOMOW or Boise Ada Disposal, Inc. with the
regard to anti-trust violations, environmental regulations,
other governmental regulatory actions, franchise contract
violations, or performance of service obligations.
Not applicable as outlined in "c"), above.
No Director, Officer or employee of LOMOW or his Company
has ever been convicted of criminal charges respecting the
business of providing garbage service.
10. CCCSD Procedures and Relationship:
e)
a) Yes, LOMOW is aware of the historic 94% to 95% operating
ratio.
b) Yes, such an operating ratio is marginally acceptable to
LOMOW provided a proper operating plan and budget are
prepared and approved; and provided the real costs of
operating related capital are recognized as real operating
expenses.
-6-
c) LOMOW is not, under the California Corporation Code,
requesting a "transfer" of the franchise, but rather
approval to transfer the stock of the Company from the
Navones to LOMOW. LOMOW acknowledges that the Board's
consent would not be an expression of willingness to alter
the existing franchise rate determination procedures or to
adjust it's low, currently adopted 94% to 95% operating
ratio.
d) LOMOW is unclear as to what possible "mechanism of
assurance" with respect to capital that the CCCSD staff
would seek to be put in place at OMD.
What are the "current assurances"?
This is of additional concern, given that question (10d)
itself suggests that "the operating ratio and/or return
on equity provided through the District's franchise may
be less than other Corporate Enterprises undertaken by
LOMOW (or) any of the major stockholders of OMD"
e) Yes, LOMOW accepts the legality of the rate determination
process and the resultant rates as undertaken and set in
February 1990.
f) LOMOW accepts that CCCSD's approval of the sale of OMD to
him does not entitle the Company to a rate adjustment other
than as provided for in the Franchise Agreement.
g) Yes, LOMOW will continue to provide separate audited
Financial statements for OMD, including a statement of
operations if the approval is granted and the acquisition
transaction consummated.
h) LOMOW contemplates no changes to current accounting
systems, procedures and practices followed by OMD should he
become the Company's owner. There will be no Corporate
overhead allocated to the Company except that overhead
directly incurred in the prudent long-term management of a
privately held modern integrated waste management firm.
***The acquisition transaction as contemplated, is for the
purchase of stock, there will be no accounting for the
excess of the purchase price over the net book value.
i) LOMOW has no plans to significantly alter the current
Financial Statements and Chart of Accounts used in the rate
determination process, without prior review with the
District.
j) LOMOW sees the need for a closer working relationship with
the District over the coming years to ensure proper
communication between themselves, the cities, and customers.
In particular, joint communication and education of customers
on the current issues of: rates; landfill/disposal
situations; recycling; and household hazardous wastes are
important. Such a closer working relationship shall be the
shared responsibility of both LOMOW and George Navone.
-7-
k) LOMOW's principal concern is over the rate determination
process, particularly in light of the Company's losses (or
minimal profits) over the past four years, which have resulted
not from a lack of capable operating management, but rather
from slow response in passing through landfill increases
to the customer; and serious underestimated costs for
curbside recycling. The District's failure to take the
real costs of capital into account in the rate deter-
mination process, also ignores the realities of business
today, particularly as it challenges the small, private
company.
1) LOMOW accepts that under the Franchise, the District may
only pass through to customers, such expenses incurred by
the Franchise as are reasonable in the judgment of the
Board.
m) LOMOW accepts that the District by its own declaration, is
not a public entity which is statutorily created as a
rate-making body, and that no specific statutory authority
or binding administrative guidelines exist which provide
procedures or standards applicable to a sanitary district
for the purpose of setting garbage rates.
-8-
AttacbJllent 1-1
Information on
ORINDA-MORAGA DISPOSAL SERVICE, me.
1. Please set forth in detail the business structure of W.
DOUGLAS LOMOW, et al. ( hereinafter "LOMOW") including
its business relationship with ORINDA-MORAGA DISPOSAL
SERVICE, INC.
a) Please state LOMOW's status as a legal entity, its
affiliates, subsidiaries and/or parent entities, if
any, as well as their status for tax purposes.
b) Please state the names of the directors and/or offi-
cers of LOMOW and their business addresses.
c) Please provide the latest annual report for LOMOW
and/or for each other entity of which LOMOW is a
subsidiary or affiliate.
d) Please state the legal and/or corporate relationship
between ORINDA-MORAGA DISPOSAL SERVICE, INC. and
LOMOW.
e) Please state the legal and/or corporate relationship
of ORINDA-MORAGA DISPOSAL SERVICE, INC. to other
subsidiaries and/or affiliates of LOMOW, to the
extent there exists a legal interlocking relation-
ship between ORINDA-MORAGA DISPOSAL SERVICE, INC.
and said enti ties, which has not been set forth
above.
f) Please state the anticipated legal and/or corporate
relationship between ORINDA-MORAGA DISPOSAL SERVICE,
INC. and LOMOW at such time as the purchase by LOMOW
of ORINDA-MORAGA DISPOSAL SERVICE, INC. is consummat-
ed.
2 . Please set forth the terms of the purchase agreement
BETWEEN ORINDA-MORAGA DISPOSAL SERVICE, INC. and LOMOW.
a) Please make specific reference to which legal enti-
ty(ies) is/are purchasing ORINDA-MORAGA DISPOSAL
SERVICE, INC.
b) Please specifically indicate how the purchase is to
be accomplished, including specific reference to
whether the purchase is to be accomplished entirely
by exchange of stock, purchase of corporate proper-
ty, or other means or combination of means, includ-
ing purchase price and payment terms.
- 1 -
Please state what disposition is to be made of
ORINDA-HORAGA DISPOSAL SERVICE, INC.'s ownership,
(including ownership by the current shareholders of
ORINDA-HORAGA DISPOSAL SERVICE, INC.), if any , in
Acme Fill Corporation as well as any of its affiliat-
ed entities, if any.
3. Please state each and every contact that LOHOW has with
the County of Contra Costa community, including but not
limited to the following:
c)
a)
b)
List the names and addresses of officers, directors
and employees of LOHOW, or its affiliates, which
retain residences within Contra Costa County, if any.
List each asset of LOHOW, or its affiliates, which
is held locally (wi thin Contra Costa County) prior
to the completion of the acquisition OF
ORINDA-HORAGA DISPOSAL SERVICE, INC.
List any local business addresses which are current-
ly in existence, _ _ or have been in existence wi thin
the last one year, for LOHOW business operations or
business agents within Contra Costa County.
Please state any and all prior business relation-
ships which LOHOW, its officers and/or directors, if
any, have had within the Contra Costa business
community and solid waste handling business inter-
ests held within the greater San Francisco Bay Area.
4. Please provide a list of the residential and commercial
solid waste collection franchises held by LOHOW or an
affiliate, including the formal name of the regulatory
jurisdiction or entity issuing the franchise, the address
of such regulatory entity, and the contact person at said
entity regarding franchise operations.
c)
d)
a) Please also include a separate list of residential
and commercial franchises held by any entity which
will own five percent (5%) or more of ORINDA-HORAGA
DISPOSAL SERVICE, INC. stock as well as all other
LOHOW subsidiaries operating wi thin the greater San
Francisco Bay Area other than ORINDA-HORAGA DISPOSAL
SERVICE, INC.
b) Please provide a list of the franchises held by any
entity, which will own five percent (5%) or more of
ORINDA-HORAGA DISPOSAL SERVICE, INC. stock and its
subsidiaries, if any, for the residential and commer-
cial collection of solid waste within the State of
California which franchises have been acquired by
such entity(ies) within the last five years.
c) Additionally, please provide a list of the franchis-
- 2 -
es held by any entity which will own five percent
(5%) or more of ORINDA-MORAGA DISPOSAL SERVICE, INC.
stock and its subsidiaries for the commercial and
residential collection of solid waste within the
western united States which franchises were terminat-
ed or not renewed within the last five years.
5. Please provide a statement describing the intended manner
of corporate and business operations of ORINDA-MORAGA
DISPOSAL SERVICE, INC. locally for the service area cur-
rently franchised by CCCSD to ORINDA-MORAGA DISPOSAL
SERVICE, INC., including but not limited to:
a) List the name of the person who will be the local
contact for the District in regard to compliance
with the terms of the franchise agreement and relat-
ed matters.
b) List the name of the person who will have authority
to make commitments on behalf of ORINDA-MORAGA DIS-
POSAL SERVICE, INC. relating to the level and manner
of service _ wi thin the District's zone of opera-
tions. If there will be more than one individual
who will have authority to make commitments on be-
half of ORINDA-MORAGA DISPOSAL SERVICE, INC., please
set forth the name of each person and delineate what
areas of authority that person shall retain.
c) Please state what varieties of authority will be
delegated to persons within the local operation
available on a daily basis and which areas of author-
ity will be controlled by LOMOW and/or any other
affiliated entity.
d) Please state how local customer complaints will be
handled on a daily basis and what mechanisms will be
set in place to respond to customer complaints.
Please be specific as to what type of complaint
service will be provided and who will be responsible.
e) If your answer to subparagraph (d) suggests that the
present system will remain in place, please address
what assurances LOMOW can make with regard to reten-
tion of current systems and personnel.
f) Please state with specific detail what the inten-
tions are of LOMOW with regard to the current level
and variety of service within the service area fran-
chised by CCCSD. Please make reference to potential
changes in service, if any, relating to the specific
services provided to the customer including variety
of service, variety of equipment, and time of ser-
vice, etc.
- 3 -
g)
h)
i)
Please state if LOMOW presently has any plans with
regard to construction of a transfer station or use
of any existing transfer station for the processing
of the wastestream collected under the District
franchise agreement. Specifically set forth the
nature of those plans, including the details of any
written relationship between LOHOW, ORINDA-MORAGA
DISPOSAL SERVICES, INC., and Acme Fill regarding
Acme Fill's current and/or anticipated future opera-
tion of a landfill and/or transfer station.
Does LOHOW have any plans currently which relate to
refuse recycling within its franchise area. Please
indicate whether or not LOHOW and ORINDA-MORAGA
DISPOSAL SERVICE, INC. are willing to continue the
current recycling programs, including a requested
commercial account recycling program, and make spe-
cific reference to any experience which LOMOW or
other entities affiliated with LOHOW have with re-
gard to refuse recycling.
Please state with ...specific-detail what plans LOMOW
and/or ORINDA-MORAGA DISPOSAL SERVICE, INC. have for
the disposal of the wastestream generated under the
District's franchise agreement from the date of the
assignment through March 1, 1991. Please also state
what plans, if any, LOHOW and/or ORINDA-MORAGA DIS-
POSAL SERVICE, INC. have for disposal of the
wastestream from that date through the date for
termination of the franchise agreement. Additional-
ly, state whether LOHOW or ORINDA-MORAGA DISPOSAL
SERVICE, INC. has any legally enforceable commitment
for disposal of all of the solid waste to be collect-
ed pursuant to the subject franchise agreement
through the date of March 1, 1996. If so, please
state terms of such agreement.
6. Please state the legal and/or corporate relationship or
affiliation ORINDA-MORAGA DISPOSAL SERVICE, INC. has with
LOHOW or any of its entities, if any.
a) Are there currently any plans, tentative or other-
wise, to explore the possibility of merger or consol-
idation of operations between ORINDA-MORAGA DISPOSAL
SERVICE, INC. and LOHOW or any affiliate of LOHOW
which will provide service presently provided by
ORINDA-HORAGA DISPOSAL SERVICE, INC.
b) To the extent any merger, takeover, or consolidation
of operations between LOMOW, or any other enti ty
owning five percent (5%) or more of ORINDA-MORAGA
DISPOSAL SERVICE, INC. stock, and ORINDA-MORAGA
DISPOSAL SERVICE, INC. operations franchised by
CCCSD were to occur, do you accept that the current
franchise agreement between CCCSD and ORINDA-HORAGA
- 4 -
DISPOSAL SERVICE, INC., under paragraph 21 would
require that ORINDA-MORAGA DISPOSAL SERVICE, INC.
seek approval from CCCSD prior to such merger or
other consolidation of operations between
ORINDA-MORAGA DISPOSAL SERVICE, INC., and LOHOW or
such other entity owning five percent (5%) of
ORINDA-MORAGA DISPOSAL SERVICE, INC. stock.
7. Please explain any legal relationship and/or ownership
relationship between ORINDA-MORAGA DISPOSAL SERVICE,
INC., LOHOW and Acme Landfill Corp. and/or another solid
waste entity in the greater San Francisco Bay Area. To
the extent any solid waste facility with the greater San
Francisco Bay Area is owned in part or controlled by
LOHOW or a LOHOW subsidiary, please state the owner of
the interest in the facility and the corporate interrela-
tionship between the solid waste facility, ORINDA-MORAGA
DISPOSAL SERVICE, INC. and LOMOW or its subsidiary. In
answering this question, understand "Acme Landfill" to
mean Acme Fill Corporation and affiliates or subsidiaries
of Acme Fill Corporation which own or operate the exist-
ing Acme Landfill, the Acme interim transfer station
and/or the proposed Acme permanent transfer station,
including but not limited to "AFT".
a) Please explain any legal/ownership relationship
between LOHOW, ORINDA-HORAGA DISPOSAL SERVICE, INC.
and any solid waste facility in the qreater San
Francisco Bay Area.
b) If ORINDA-HORAGA DISPOSAL SERVICE, INC. or LOHOW
become an owner or operator of a privately owned dis-
posal site within Contra Costa County, which si te
would provide service for Central County, would
ORINDA-HORAGA DISPOSAL SERVICE, INC. and/or LOHOW
agree that such future landfill would be subject to
rate regulation by the District or another public
enti ty in exchange for a guarantee of direction of
the domestic wastestream to that landfill?
8. Please describe which assets of ORINDA-MORAGA DISPOSAL
SERVICE, INC. are to remain assets of ORINDA-HORAGA DIS-
POSAL SERVICE, INC. and/or of any local entity operated
by LOMOW, or any of its affiliates or subsidiaries, in
order for ORINDA-HORAGA DISPOSAL SERVICE, INC. to perform
its obligations under the franchise.
a) Please set forth what assets will be available
through ORINDA-MORAGA DISPOSAL SERVICE, INC. to
satisfy any liability which may have been incurred
as a result of litigation or regulatory enforcement,
including but not limited to, liability resulting
from finding ORINDA-HORAGA DISPOSAL SERVICE, INC. to
be a responsible party in hazardous waste enforce-
ment actions or litigation.
- 5 -
Likewise, please set forth what assets will remain
in ORINDA-MORAGA DISPOSAL SERVICE, INC. to satisfy
any liabilities which have been incurred or may be
incurred by ORINDA MORAGA DISPOSAL SERVICE, INC., as
a result of litigation or regulatory enforcement,
including but not limited to, liability resulting
from finding ORINDA-MORAGA DISPOSAL SERVICE, INC. to
be a responsible party in hazardous waste enforce-
ment actions or litigation.
9. Please identify and outline any and all lawsui ts which
are currently pending against LOMOW, and/or its affili-
ates or subsidiaries, if any, and outline the nature and
status of those proceedings.
b)
a) Please specifically identify any and all criminal
lawsuits currently in existence against LOMOW and/or
its affiliates or subsidiaries, if any, or against
the officers, directors or employees of LOMOW or its
affiliates or subsidiaries, if any, where the allega-
tions arise out of the solid waste operations of
said companies. -~lease state the name of the case,
the jurisdiction, the prosecuting authority, and the
current status of each case.
b) Please specifically identify any and all civil com-
plaints currently pending against LOMOW, and its
affiliates or subsidiaries, if any, with regard to
anti-trust violations, environmental regulations,
other governmental regulatory actions, franchise
contract violations, and performance of service
obligations, including breach or abandonment of
franchise or service contracts. As to each of the
civil actions as set forth above, please provide the
case name, the jurisdiction of the lawsuit, the
nature of the lawsuit and its current status.
c) As to the foregoing lawsuits, please set forth the
potential damages, penalties and fines associated
with the criminal suits and the financially signifi-
cant civil cases. Make specific reference to any
liability which ORINDA-MORAGA DISPOSAL SERVICE,
INC., as a subsidiary, might be held subject to and
what safeguards will be in place to prevent under
capitalization of local operations from occurring as
a result of LOMOW being required to fund uninsured
liabilities.
d) wi th regard to any anti trust cases brought wi thin
the State of California against LOMOW, explain the
potential effect on ORINDA-MORAGA DISPOSAL SERVICE,
INC. 's local operations under the CCCSD franchise
agreement, if Business and Professions Code Sections
16753 and 16754 (regarding exclusion from doing
business in the state) are invoked.
- 6 -
Please list the names of any directors, officers
and/or employees of LOMOW, its subsidiaries or affil-
iates who have been convicted of criminal charges
arising out of, or relating to, the business of
providing garbage service (whether or not this con-
viction occurred while an officer, director or em-
ployee of LOMOW or its subsidiaries or affiliates).
10. Please acknowledge that LOMOW has discussed with the
corporate officers of ORINDA-MORAGA DISPOSAL SERVICE,
INC. and are aware of the general procedures followed by
the Sani tary District in regard to setting of garbage
collection rates.
e)
a)
b)
Please acknowledge that LOMOW understands that the
District has historically set rates with reference
to an operating ratio and that the operating ratio
generally employed during the past decade has been a
94% to 95% operating ratio.
c)
Please state whether the current system of rate
fixing, including the use of a 94% to 95% operating
ratio, is acceptable to LOMOW.
Please acknowledge that the District, by consenting
to the transfer of the franchise agreement to LOMOW,
if such consent occurs, would not be an expression
of willingness to al ter, in any way, the existing
franchise rate-fixing procedures or to adjust its
currently adopted 94% to 95% operating ratio.
Please explain what mechanism will be in place to
assure that LOMOW will meet the capital needs of
ORINDA-MORAGA DISPOSAL SERVICE, INC. local opera-
tions, even though the operating ratio and/or return
on equity provided through the District's franchise
may be less than other corporate enterprises under-
taken by LOMOW of any of the maj or shareholders of
ORINDA-MORAGA DISPOSAL SERVICE, INC.
Does LOMOW accept the legality of the rate-fixing
process and the resultant rates as undertaken and
fixed in February 1990?
Does LOMOW understand and accept that approval of
the sale of ORINDA-MORAGA DISPOSAL SERVICE, INC. to
LOMOW, if granted, does not entitle ORINDA-MORAGA
DISPOSAL SERVICE, INC. to a garbage collection rate
increase other than as may be otherwise provided for
in the Franchise Agreement?
Please state whether separate audited financial
statements will be provided for ORINDA-MORAGA DISPOS-
AL SERVICE, INC.'s operations, including a statement
of operations for operating results wi thin the Dis-
d)
e)
f)
g)
- 7 -
h)
trict's jurisdiction, after transfer of ownership to
LOMOW.
Please describe any changes to current accounting
systems, procedures, and practices followed by
ORINDA-MORAGA DISPOSAL SERVICE, INC., which would
occur after transfer of ownership to LOMOW, includ-
ing a description of any corporate overhead or ser-
vice charges and the accounting for the excess of
the purchase price over the net book value of the
assets acquired.
i)
Please acknowledge that current financial statements
and chart of accounts which facilitate the
rate-setting process will not be significantly al-
tered following transfer of ownership to
ORINDA-MORAGA DISPOSAL SERVICE, INC. wi thout prior
review with the District.
j)
Please describe any changes in the relationship with
CENTRAL CONTRA COSTA SANITARY DISTRICT which would
occur after-trans~er of ownership to LOMOW.
Please describe any issues or concerns which LOMOW
may have regarding the District's rate-setting proce-
dures and requirements.
k)
1)
Does LOMOW accept that the District may only pass
through to the ratepayers such expenses incurred by
the franchisee as are reasonable in the judgment of
the District Board?
m)
Does LOMOW accept that the District is not a public
entity which is statutorily created as a rate-making
body, such as the Public utilities Commission, and
that no specific statutory authority or binding
administrative guidelines exist which provide proce-
dures or standards applicable to a sanitary district
for the purpose of setting garbage rates?
- 8 -
,-
.-'
Attachment II
AGREEMENT FOR COLLECTION, REMOVAL
AND DISPOSAL OF GARBAGE
ZONE 1 and 1A
(Responses on May 1, 1986 Franchise Agreement Provisions)
This Agreement made and entered into this 1st day of
March, 1986, by and between the District and the Contractor,
WHEREAS the District and Contractor have entered into a
Second Amended Agreement for Collection, Removal and Disposal
of Garbage dated the 1st day of July, 1976, (hereinafter
referred to as "said Agreement") granting to Contractor the
exclusive privilege to collect, remove and dispose of garbage
in the Zone until November 30, 1986; and
WHEREAS, said Agreement provides that it may be extended
on November 30, 1986 at the option of the Contractor, unless
at least two years prior to the termination of said Agreement
the District has notified the Contractor in writing that it
does not desire said Agreement to be extended for an addition-
al period; and
WHEREAS, the Contractor exercised its option to extend
said Agreement; and
WHEREAS, the District has notified the Contractor that it
does not desire said Agreement to be extended under the same
terms and conditions.
NOW, THEREFORE, in consideration of the covenants and
agreements of the parties hereto and the payment of certain
fees as hereinafter set forth, it is mutually covenanted and
agreed as follows:
1. DEFINITIONS:
As used herein, the following terms shall have the mean-
ings set forth below:
(a) "Agreement": This Agreement for the collec-
tion, removal, recycling and disposal of garbage by and be-
tween the District and the Contractor entered into as of the
date first written above.
(b)
vice, Inc.
"Contractor":
orinda-Moraga Disposal Ser-
(c) "Customers": Those who have contracted with
the Contractor for the collection, removal, recycling or
disposal of garbage as provided herein, or who may be re-
quired to accept and pay for said service by local ordinance.
- 1 -
(d) "District:" The Central Contra costa Sanitary
District, a public corporation.
(e) "Garbage":
(1) animal, fruit and vegetable refuse;
(2) offal;
(3) leaves and cuttings, trimmings from
trees, shrubs and grass:
(4) inorganic refuse and rubbish;
(5) anything thrown away as worthless; pro-
vided, however, that garbage shall not be defined as or in-
clude Hazardous Waste, Septage or Industrial Waste.
(f) "Hazardous Waste": A waste, or combination of
wastes, which because of its quantity concentration, or physi-
cal, chemical, or in~ectious characteristics may either:
(1) cause, or significantly contribute to an
increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness; or
(2) pose a substantial present or potential
hazard to human health or environment when improperly treat-
ed, stored, transported, or disposed of, or otherwise managed.
This definition will include, but not be limited to,
hazardous waste as defined by the State of California and its
agencies, or the United States or its agencies.
(g) "Industrial Waste": Non-sewered liquid waste
and solid waste produced as by-products of industrial process-
es, or other refuse produced or accumulated as a result of
industrial processes, including waste produced by the Dis-
trict and other public entities as a result of treatment or
other processes undertaken in providing public utility servic-
es.
(h) "septage": Non-sewered liquid or semi-liquid
waste which may be trucked to the District or other treatment
facility for disposal, ta include, but not limited to, waste
from residential septic tanks, commercial grease cleanouts,
and industrial waste holding facilities.
(i) "Wastestream":
this Agreement.
(j) "Zone": The geographic area generally de-
scribed in Exhibit A to this Agreement, which exhibit is
The garbage collected under
- 2 -
attached hereto and incorporated herein by reference, and
more particularly as set forth in the six hundred (600) scale
maps maintained and available for inspection at the office of
the Secretary of the District, excepting therefrom any geo-
graphic area which is within the boundaries of another juris-
diction, including any military base, which is exercising its
authority to regulate garbage collection. Said six hundred
(600) scale maps shall reflect changes of boundaries of the
Zone in such a manner as to identify each alteration to the
Zone and the effective date thereof.
fYtC-
Read: yes 'l.,..~ } no { }
Understood: yes LJ~e; no { }
Co_ents: tJ{)'N~
2. EXCLUSIVE PRIVILEGE:
The District, by this Agreement, grants to the Contractor
for the term as set forth in paragraph 34 of this Agreement,
unless terminated in accordance with this Agreement, the
exclusive privilege and duty to collect, remove and dispose
of all garbage as said term is defined in this Agreement
within the Zone. This exclusive privilege to collect, re-
move, and dispose of garbage is only qualified as set forth
in this Agreement.
The Zone may be expanded or reduced in size (a) by mutual
agreement of the parties; or (b) as provided in paragraphs 28
and 29 of this Agreement.
Read: yes {~\)[,} no { }
Understood: yes ~~~ no { }
Co_ents: \J t.>1'l~ .
3. INTENT TO REGULATE ALL GARBAGE COLLECTION, REMOVAL OR
DISPOSAL:
The parties hereto agree that the District currently has
jurisdiction to regulate the collection, removal and disposal
of all garbage in the Zone. The parties further agree that
by the terms of this Agreement the District has exercised it
jurisdiction and is regulating the collection, removal and
disposal of all garbage in the Zone. This Agreement does not
- 3 -
requ1ate the collection, removal and disposal of industrial
waste, hazardous waste or septage.
Whether a particular garbage collection activity is regu-
lated by this Agreement or not, is within the sole determina-
tion of the District. If there is any question as to whether
the garbage collection activity is regulated or unregulated,
it shall be the responsibility of the Contractor to inquire
of the District and thereafter provide such information as
the District may require to enable the District to provide
Contractor with a formal written opinion as to whether the
garbage collection activity is regulated or unrequ1ated.
yes ~..59e,
yes ~~ no {
Read:
no {
}
}
Understood:
Co_ents:
NON'=-- .
4. EXCEPTIONS TO EXCLUSIVE PRIVILEGE:
The exclusive privilege granted by this Agreement shall
not apply if:
(a) The person or entity generating garbage person-
ally collects, removes and disposes of such in a clean and
sanitary manner in conformance with all applicable laws and
requ1ations, or
(b) The person or entity generating inorganic
refuse or rubbish contacts the Contractor to arrange for the
collection, removal and disposal of such and the Contractor
declines to do so or is unable to do so in a timely manner, or
c) The person generating the garbage contracts with
another to remove and dispose of (i) inorganic refuse or
rubbish, or (ii) leaves, cuttings, trimmings from trees,
shrubs or grass by truck or other vehicular means, when such
removal is incidental to other contract work being performed.
Nothing in this paragraph shall be construed to eliminate
or qualify the exclusive privilege of the Contractor to pro-
vide drop boxes and/or bulk collection containers for collec-
tion of garbage within the Zone.
Read:
yes
~'\)y
f-:)~Y.
no {
{
}
}
Understood:
yes
no
Comments:
~~f-.
- 4 -
5. RIGHT TO SELL VALUABLE COMMODITY:
This Agreement is not intended to and does not affect or
limit the right of any person to sell any valuable commodity
to the contractor or to any other person lawfully doing busi-
ness within the Zone at prices agreed upon by the parties to
such transaction, provided that the valuable commodity is
separated at the source by the generator and that the person
purchasing the valuable commodity does not collect and dis-
pose of other garbage.
Read: yes ~~} no { }
Understood: yes ~~~. no { }
Comments: ~cN<C- .
6. RATES:
Contractor shall perform the responsibilities and duties
herein agreed in the Zone in accordance with and in considera-
tion of the reasonable rates fixed by the District from time
to time. The statement that the actions in paragraphs 12,
24, 25, and 27 may be directed "at no cost to the District"
shall not be construed to mean that the Contractor is prohib-
ited, subject to the District's approval, from passing on its
costs of taking those actions to the customers. It is the
intent of the parties that the rates fixed shall be in confor-
mity with applicable law.
Read:
yes
{~~~
~}e }.
no {
no {
}
}
Understood:
yes
Does LOHOW understand that the District
takes the position that it .ay disallow from
the rate fixing process any costs due the
collector which are unreasonable, including
charges from an affiliated entity to the
extent such charges are, in the discretion of
the District, deemed tObe~easonable?
yes ~~~. no { }
Does LOHOW further understand the District
is not a public entity which is statutorily
created as a rate-.aking body, such as the
Public utilities commission, and that no
specific statutory authority or binding admin-
istrative guidelines exist which provide
procedures or standards applicable to a sani-
- 5 -
tary district for the purpose of setting
garbage rates.
yes {~~ .
no {
}
Comments: N o.,-.l~ .
7. DUTY OF CONTRACTOR TO MAINTAIN RECORDS -- RIGHT OF
DISTRICT TO EXAMINE CONTRACTOR'S RECORDS:
I
~
~'-l
i
contractor shall maintain a proper set of
records in accordance with generally accepted
principles, accurately reflecting the business
under this Agreement.
Contractor shall further maintain records as to its total
number of customers, said - records to detail the types of
customers and such other operating statistics in such manner
and with such detail as the District may require.
books and
accounting
done by it
-
i
The Contractor shall, by March 31 of each year submit to
the District an audited financial statement for the most
recent reporting year and shall further furnish to the Dis-
trict a report of its total number of Customers within the
Zone by types of CUstomers and such other operating statis-
tics in such manner and with such detail as the District may
request.
The District may, at its own expense, at any time during
the term of this Agreement, examine the books and records of
the Contractor, examined by a person appointed for that pur-
pose by the District. District shall give thirty (30) days
written notice to the Contractor in advance of such examina-
tion date.
I
j;f:
~~..
~1
\
The information required by this paragraph shall pertain
to the Contractor's operations in the Zone. Nothing con-
tained herein shall require the Contractor to provide the
District with information pertaining to the Contractor's
operations which are not regulated by the District: provided
that the District's agent may examine the Contractor's books,
records and financial statements pertaining to operations not
regulated by the District for the sole purpose of gathering
information necessary to allow the agent to ascertain as to
whether income, expenses, assets and liabilities are reason-
ably and consistently allocated among operations regulated by
the District and operations not regulated by the District.
As used in this paragraph "District Agent" shall mean an
independent Certified Public Accountant, as agreed upon by
the parties, or, failing agreement, appointed by the Presid-
- 6 -
ing Judge of the Contra Costa County superior Court. Notwith-
standing this requirement to use an independent CPA as the
"District Agent," the District may use District employees, or
any other person designated by the District, to examine
records of the Contractor otherwise available to other public
entities. Information gained from such examination of
records pertaining to operations not regulated by the Dis-
trict shall be treated by the District and its agents as
confidential information. However, nothing in this paragraph
will prevent the District allowing public access to District
records as provided for under the California Government Code,
and in the event any dispute arises as to the public access
to information provided by the Contractor under the terms of
this Agreement, the District shall in its discretion provide
public access to said information according to law or tender
the defense of any claims made against the District concern-
ing said information to the Contractor.
Read: yes ~,e.} no { }
Understood: yes ~€l no { }
Co_ents: Ncl\i~ .
8. APPLICATIONS BY CONTRACTOR FOR RATE INCREASE:
Any and all requests for rate increases, excepting those
provided for under paragraphs 12, 24, 25, and 27 of this
Agreement, may be made no more frequently than on an annual
basis. Any such request for rate increase by the Contractor,
excepting those provided for in paragraphs 12, 24, 25, and 27
of this Agreement, shall be submitted together with the audit-
ed financial statement required under paragraph 7 of this
Agreement by March 31 of that year. Approval of the rate
increase, or other action by the Board on the application,
shall occur only after the District has had sufficient time
to review the application and financial statement, and in no
event will a rate increase take effect before July 1 of the
year in question.
Rate increase' applications submitted by Contractor will
be prepared using such formats, including such operating
statistics as the District may prescribe from time to time.
Any rate increase application will be accompanied by audited
financial statements for the most recent reporting year pre-
ceding the requested effective date of rate increase.
In the event the Contractor is required to make changes
in its operation pursuant to the condi tions set forth in
paragraphs 12, 24, 25, and 27 of this Agreement, the Contrac-
tor may petition the Board using the format mentioned herein,
- 7 -
at any time during the calendar year. The District staff
shall calendar the petition for rate increase within seventy-
five (75) days of receipt of an extraordinary petition pre-
sented pursuant to paragraphs 12, 24, 25, and 27 of this
Agreement.
Understood:
yes ~~~
yes {~~
no {
no {
}
}
Read:
Has LOHOW reviewed the rate increase applica-
tion format required by the District?
yes {...J~e}. no { }
Is LOHOW willing to submit a rate increase
request using such format including any such
variations to the format as ~y be prescribed
by the District?
~
i
~
yes {\...;l))6
no {
}
Co_ents: rJo"'~'
9.
OPERATION BY CONTRACTOR:
~.~
Contractor shall furnish all necessary equipment for the
operation of refuse collection service in the Zone and shall
maintain such equipment in a sanitary condition at all
times. Contractor shall furnish all necessary labor in con-
nection with the operation of a refuse collection service in
the Zone.
The Contractor, in performance hereof, shall use covered
(by tarpaulin or otherwise) water-tight bodied motor trucks
with truck bodies constructed of sufficient strength to with-
stand a fire within, without endangering adjacent property.
The trucks, drop boxes, bins, or similar types of equipment
shall be kept neat and clean and in good repair. The Contrac-
tor shall paint its name, permit number and telephone number
on the side of each truck (in letters at least four (4) inch-
es high) and each drop box, bin or similar type equipment
owned or leased by the Contractor.
Read:
yes
~\)~
~~.
no {
Understood:
yes
no {
}
}
Comments: \>'u~ } -"'^.J ..~ ~.... (:)t"\.~ c:~U's ,....j ~ 6,,~es
J.,. ~ ~~ c.........~-- k ..rl..... ,c\e.....~h~~ ~~~ .Jov.lc.-. L:......o../
W"l\l \,,<~ ....ll.. ~~f"\~ 4:r ~ .J.o-Ie--- ~b.4Jori..t. vJ;~ \'::.-O~j;"P ~
G.\c,~~] ~ ~t.JIU: ~..&,~---.) \...owe..vu- \IV...... ....~f'Q.- .....~Q~
~__ c.c.c.!; b ",..'oJ J ~ ~v,-~ s... tJj.. \:J ~~) ~Iq_ \.::. ~ V\.<llooJ 0...
~c.....c.t ,,{- ~s ~~~~___ ~ ,e _~__
10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL ORDINANCES:
The contractor shall comply with all applicable ordinanc-
es and rules and regulations that are now in effect or may be
promulgated or amended from time to time by the Government of
the united States, the State of California, the County of
Contra Costa, the District and any other agency now author-
ized or which may be authorized in the future to regulate the
services to be performed herein regarding the collection,
removal and disposal of garbage.
Read:
yes
~~?~.
~~~
no {
Understood:
yes
no {
}
}
Co_ents: WL ~"L c....:""..c.-U'... <NU c~ &Lc.~av-. I..:J ~ ck
~L- \..,.:.cL:q.~ ~~l>~e.J.. .J.,.we- ~ ~ lc.- :
\ \ _ (t~..~..J\ve.- ~" ~v<e..
1..) _ c....r...j <1-01"- L vY\....~~~c:Ut.- ~,~c...:.JL b....rJ"-" v.>l...ic...l a""'~.J .
o-A- \ ~* 1.V' ~ <h.~ ......,.,,,~~) l.:.oL- "",~J ~.. ~... "...:.A-e- ~~.
11. LIMITATION ON TIME OF COLLECTION: ~~.~
The Contractor shall make a systematic collection of
garbage from each place where collection is made in a manner
that the person receiving the service can predict the day on
which collection will be made. Contractor shall not collect
garbage from an inhabited dwelling or dwelling unit between
the hours of 7 p.m. and 4. a.m.
~
~
r,
Read: yes ~~~ no { }
Understood: yes ~)>'1 no { }
Co_ents: No~
I
!.o';
v
;".
I
I
-
tj
- 9 -
12. DISTRICT MAY REQUIRE EFFICIENCIES IN OPERATION
The District may from time to time at its discretion and
at its expense, examine the Contractor I s operation in order
to insure that the contractor is operating at a satisfactory
level of efficiency.
The contractor agrees to cooperate in any such examina-
tion and shall provide for inspection to the District or its
designated representatives, at the contractor's principal
place of business, such information as the District may re-
quire, including but not limited to, such things as collec-
tion routes and equipment records.
In addition, the District may require the contractor to
evaluate alternative methods of garbage collection for the
purpose of improved efficiencies and to develop and submit a
plan to implement the efficiencies within one hundred and
eighty (180) days of notice to the Contractor. The District
can require the contractor to implement the efficiencies
within one (1) year of approval of the contractor I s plan,
unless the contractor cali Clemonstrate that one (1) year is
unreasonable. Should the District commence such a program as
outlined in this paragraph, contractor agrees to not only do
those things specified herein, but also to act at the direc-
tion of the District on other matters that may be necessary
for the success and efficiency of such a project(s).
\.,~
yes ~y }
. ~~}'
yes ~ no {
Read:
no {
}
Understood:
}
ccmments: N i)J~.
13 . SALVAGE:
District shall be entitled to the right of salvage at the
expense of the District from the garbage collected pursuant
to this Agreement, but at its sole discretion may delegate
this right to, or waive the same in favor of, the contrac-
tor. District has temporarily waived its right of salvage
and has delegated such to contractor; and such waiver and
delegation shall continue until notice in writing by the
District to the contrary is given. In the event the District
independentlY wishes to exercise its right to salvage, the
District shall give in writing to the Contractor notice of
its intent and said right shall commence and accrue to the
District ninety (90) days from the date of said notice. The
salvage rights set forth in this paragraph specifically are
intended to refer to salvage operations once the garbage is
- 10 -
in the waste stream. This paragraph should not be read to be
in conflict with the rights to recycle set forth in paragraph
24.
Read:
yes
tb
~}
~~.
no {
Understood:
yes
no {
}
}
Co_ents:
NOl4(. .
14. FAITHFUL PERFORMANCE BOND:
The Contractor shall submit to the District simultaneous-
ly with the execution of this Agreement a corporate surety
bond in the amount of $50,000.00. The bond shall be executed
by a surety company licensed to do business in the state of
California and acceptable -to the District. The bond shall be
approved by the District and shall be payable to the Dis-
trict. The condition of the bond shall be that the Contrac-
tor will faithfully perform the duties imposed by ordinance,
this Agreement and the rules and regulations of the Dis-
trict. Any action by the District to proceed against the
Bond shall not limit or affect the right of the District to
use other remedies available to the District under the Agree-
ment, or in courts of law or equity. Notwi thstanding the
foregoing, in lieu of the corporate surety bond, Contractor
may provide to District a letter of credit or cash bond in a
form satisfactory to the District.
Read:
yes
LJ~-~-
u~f1'
no {
}
}
Understood:
Comments: &V01'l~ .
yes
no {
15. INSURANCE:
The Contractor shall maintain and continue in force dur-
ing the term of this Agrement, public liability insurance,
property damage insurance and worker's compensation insurance
in amounts as shall be annually set by the General
Manager-Chief Engineer after discussion with the Contractor.
The Contractor has the right within ten (10) days' notice of
the insurance coverage amounts, to appeal the decision of the
General Manager-Chief Engineer, to the Board of Directors.
- 11 -
Such insurance shall be obtained from a company or compa-
nies licensed to do business in the state of California and
acceptable to the District. District shall be named as an
additional insured on the public liability and property dam-
aged pol icies and each pol icy, including worker's compensa-
tion, shall contain a clause providing that the insurer will
not cancel or decrease the insurance coverage without first
giving thirty (30) days' notice in writing to the District.
A certificate of insurance shall be provided to the District
any time the Contractor alters a policy or changes carri-
ers. A copy of the certificate for each policy, or at the
District's request, a copy of each policy shall be provided
to the District by March 31 of each year. Failure of the
contractor to maintain insurance in the manner and amount
stated herein and as directed by the General Manager-Chief
Engineer, subject to the approval of the Board, will consti-
tute a breach of this Agreement.
Read:
yes
i,-
~~ }
~~~.
no {
{
no
}
}
Understood:
yes
-
Is it understood that this paragraph does
not envision self-insurance as an alternative
to commercial insurance coverage?
yes lN~~'
no {
}
To the extent this ~y have applicability to
WMOW or ORINDA-MORAGA DISPOSAL SERVICE,
INC. operations, please comment.
co_ents: Nc~ ~.pfUd~~"'~~'1 J L"'.....~if L:.....w ......:U .1tk~
S'C.JC.. ~ ~"'-<.r<<.c~\.(... ~ ~ls. ~u~ CcJe.r<-'":jfe.) ~.&:- \""c-
~e..~ ~ o""",,e..r .
16. LEGAL LIABILITY:
All work and performance covered by this Agreement shall
be at the risk of the Contractor.
Contractor agrees to save, indemnify and keep harmless
the District, its officers, employees, agents and assigns
against any and all liability, claims, judgments, or demands,
including demands arising from injuries or deaths of persons
and damage to property, arising directly or indirectly out of
the obligations here undertaken or out of the operations
conducted by the Contractor, save and except claims or litiga-
tion arising through the sole negligence or willful miscon-
duct of the District, and will make good to and reimburse
District for any expenditures, including reasonable attor-
neys' fees, that the District may make by reason of such
- 12 -
matters and, if requested by District shall defend any suit
at the sole cost and expense of contractor.
Upon request by the District, the contractor shall appear
for and defend the District in any action which challenges
the validity of this Agreement or the procedure by which this
Agreement was entered into, or the validity of any District
ordinance which authorizes District to enter into this Agree-
ment. Defense of the District shall be provided by counsel
satisfactory to the District. All costs of litigation includ-
ing attorneys' fees, and, to the extent permitted by law, any
money judgment entered against District, its Board members,
officers or employees or agents, shall have the sole and
final authority to determine whether such costs and/or judg-
ment be chargeable as an operating expense or chargeable
against contractor's profits.
Should any party successfully challenge the validity of
this Agreement or the procedure by which this Agreement was
entered into or the validity of any District ordinance which
authorizes the District to enter into this Agreement, then in
such case the Contractor -shall have no cause of action for
damages or any other relief against the District as a result
of such successful challenge.
Understood:
yes ~"D Y' no {
yes ~~(. no {
}
}
Read:
Does LOMOW, through its purchase agreement
with ORINDA-MORAGA DISPOSAL SERVICE, mc. ,
intend to accept any or all potential liabili-
ties of ORINDA-MORAGA DISPOSAL SERVICE,
mc., covered by this paragraph from the date
of the purchase? ,~ '
yes {~} no { }
Please co..ent as to the respective duties of
LOMOW and ORINDA-MORAGA DISPOSAL SERVICE,
mc. for a claim which arises from an inci-
dent occurring prior to the consummation of
the sale, however, such claim gives rise to
litigation commenced or continuing after the
consummation of the sale.
comments: r.c.- k ~ ~.. f'"~.u-~ cL:H..t,~~~J~c- se..QJUJ
cJ ~<'<<<>~.! \,~ \'-0..."'; r "" ..\.- ~~ s.1< J \...~, \l.- ~~ ..a.<-
~~. .J,.\<:f"'-. T~ ~ ~,J.,J. <>'"C+- ,~~
\,\Y.~ """~ .iA..oc... ~.J.iU'~J <tk...... ".t' sl...c..u... l::.CL ~;a.. ~~ Stcckh.JJI'lr oS
c~"'"'~?i~~~\.':'~ . ,."..S) -e .
ATTORNEYS'S: - ~
17.
- 13 -
.
In the event of litigation between the parties ari
hereunder, the prevailing party shall recover its reasona
costs of litigation, including attorneys' fees and costs
determined by the Court.
Read:
yes
~
~~}
f!.-
{'..tJy }
no {
{
no
}
}
Understood:
Comments: 'No~'
yes
18. MISCELLANEOUS OBLIGATIONS OF CONTRACTOR:
The contractor shall maintain an office with adequate
telephone service within the District, and shall keep the
office open during usual business hours for the transaction
of business with its CUstomers and the public.
No less than once every-twenty-four (24) months, and each
time the Contractor requests a rate increase, the Contractor
shall notify each CUstomer with printed information setting
forth the rates, days of collections, Contractor's complaint
procedures, and the amount and manner of refuse to be collect-
ed. The Contractor shall consul t wi th the General
Manager-Chief Engineer, or his designee, to determine the
appropriate manner of notifying each customer.
The Contractor shall provide three additional all-purpose
pickups per year not to exceed two cubic yards per residen-
tial unit in the residential areas of the Zone. The dates
for said additional pickups may be set by the Contractor,
however it is the intent of this Agreement that they shall be
as evenly spaced throughout the year as is practicable and
that the Contractor will provide notice to the CUstomers of
said pickup dates.
Read: yes ~~~. no { }
Understood: yes ~\;>~}. no { }
Comments: ~~.
19. FEE FOR EXCLUSIVE PRIVILEGE:
The Contractor shall pay to the District for the privi-
lege granted by this Agreement an annual fee fixed by the
- 14 -
District which is reasonably calculated to reimburse the
District for its direct costs in administering this Agree-
ment, including, but not limited to, outside professional
fees incurred by the District, plus a reasonable allowance
for overhead of the District as said overhead relates to
garbage franchising: which sums shall be fixed by the Dis-
trict and paid annually in advance by the contractors, in
proportion to the number of customers served by each fran-
chised contractor.
Amounts due each year shall be paid in advance within
thirty (30) days after July 1 of each fiscal year following
the effective date of this Agreement or within thirty (30)
days after the District gives notice of the amount of the
annual fee, whichever comes later.
The fee for the fiscal year beginning July 1, 1985, is
hereby fixed at $7,316, and has been paid. The last paYment
pursuant to this paragraph shall be prorated from the begin-
ning of the fiscal year in which this Agreement ends to the
date this Agreement ends.
Read: yes {~~S no { }
Understood: yes ~~t1 no { }
Co_ents: Nor1t-.
20. BILLING:
The Contractor may bill its customers in advance or in
arrears. Bills in advance shall be due and payable thirty
(30) days after the beginning of the billing period. The
billing periods for advance billing shall be at least quarter-
ly unless the District approves a less frequent billing.
Contractor agrees not to discontinue service to a customer
until a customer's account billed in advance has been delin-
quent for a period of at least sixty (60) days, and notice of
the termination is provided to the CUstomer thirty (30) days
prior to the termination.
Where the Contractor bills in arrears, the bill shall be
due and payable upon presentation and the Contractor agrees
not to terminate service until the Customer's account billed
in arrears has been delinquent for thirty (30) days.
Full paYment for debris boxes may be required by
Contractor prior to delivery of debris box to customer.
Read: yes (~~4' no {
the
}
- 15 -
Understood:
yes {~..
no {
}
To the extend ORIMDA-MORAGA DISPOSAL SER-
VICE, INC. intends to alter its current bill-
ing practices, please indicate the nature of
the anticipated changes.
Co_ents: No CHAN6-~ \~ '~II.,..I,..I,J(, POl.\'-"1 uJHA'.'s',,€.vrin...
~ "'-"N~~, ~xc..~'n..(.E:. l""f\...-(.....~I\-T'..:;-.J (.)~ A- Gi.>H e,,-.u,-z..€j:>
s;.~ s.('tM vJ\'\\c:..+\ .....\l.A- <; ,,,'" \ F.c.. 4.,rn...y I Mpe",ltoE'.. '. "I' ~€.(..y ,-,>,-.~.e (... T~
~ ,.., ~ "I'" f'\(>/'Ii ~~.i 0 F~l~ Mp....J(>ouJE,.{l. V'TI Ll "'i!:"~\1 u...J j C:J.
~ANl\.~-e..t'l€.J'\ 'iN~.wa~:::;:Z ..
//
,/
/
...",,//
./
./
,/~"
/
/
,/
/
,/
/,/
,//
"
../
....///
//
./
//
/
/
;,/'
/
/
,/
f
.,/
/
"
,./'
- 16 -
21. ASSIGNABILITY OF AGREEMENT:
The contractor shall not sell, assign, or transfer this
Agreement or any part hereof, including probate proceedings,
without the written consent of the District.
Neither this Agreement nor any part hereof, nor any obli-
gation or service to be performed hereunder shall be assigned
or subcontracted without written consent of District. The
term assignment shall include any dissolution, merger, consol-
idation or other reorganization of the sale or other transfer
by probate proceeding or otherwise of a controlling percent-
age of the contractor's capital stock to a person not a share-
holder on the date of the execution of this Agreement. In
the event the contractor herein attempts to assign or subcon-
tract this Agreement or any part hereof or any obligation
hereunder, the District shall have the right to elect to
terminate forthwith, without suit or other proceeding.
The District may, following a properly noticed public
hearing, assign or transfer this Agreement, or any part here-
of, without the consent' of the Contractor to any legally
authorized public entity, including, but not limited to, the
County of Contra Costa or any joint powers authority created
pursuant to Chapter 5, Division 7, Title I of the California
Government Code.
Read:
yes
~~~.
{~~./.
Understood:
yes
no {
no {
}
}
Does LOHOW understand that there is current-
ly under consideration the creation of a
joint power authority within Central Contra
Costa county to deal with solid waste ~age-
ment and such j oint power authori ty ~y be as-
signed the rights and obligations of the
District provided for in this franchise agree-
ment?
yes ~~' no { }
Does ORINDA-HORAGA DISPOSAL SERVICE, INC.
and LOHOW understand this paragraph to re-
quire approval by the District prior to
sales, assignment or transfer of this agree-
ment or the obligations hereunder to a differ-
ent entity or subsidiary of LOHOW?
yes~ no{
COlIl1Ilents : ~ o\oJ~ '
- 17 -
}
22. INVOLUNTARY ASSIGNMENT:
No interest of contractor in this Agreement shall be
assignable by operation of law. Each or any of the following
acts should be considered an involuntary assignment providing
the Oistrict with the right to elect to terminate the Agree-
ment forthwith, without suit or other proceeding:
(1) I f the contractor is or becomes bankrupt or insol-
vent, makes an assignment for the benefit of creditors or
institutes a proceeding under the Bankruptcy Act in which the
contractor is the bankrupt,
(2) If writ of Attachment of Execution is levied on this
Agreement,
(3 ) If in any proceeding to which the contractor is a
party a Receiver is appointed with authority to take posses-
sion of the contractor's property,
(4) In the event of a probate proceeding where the
rights of the contractor -under the Agreement would pass to
another individual or other individuals.
yes ~t2r. no {
yes ~~. no {
}
Read:
}
understood:
co_ents: f\\o-Nt--.
23. NOTICE PROVISIONS:
AnY notice required or permi tted under this Agreement
shall be in writing and shall be deemed to have been given if
delivered personally or ten (10) days after posted by certi-
fied mail, return receipt requested, addressed as appropri-
ate, either to the contractor at: Post Office BoX 659,
Orinda, California, 94563, or to the District at 5019 Imhoff
Place, Martinez, California 94553, Attention: General
Manager-Chief Engineer.
Read:
yes
~~.
~~}.
no {
Understood:
yes
no {
}
}
To the extent the address for received no-
tice by ORINDA-HORAGA OISpOSAL SERVICE, INC.
is other than set forth herein, please com-
ment.
co_ents:
P\ ~) J- >> ..."c-l ~u.-i S"L~\J.. '=."-
~a-- s~ ~ Lo,,^ovl aA-" (' . 0 .\?o)( COt:> (.,3'
_ 18 _ '\5.0\1OC., ~\'). '61101.
'-.) \)--e. .
24. RECYCLING:
District is currently studying refuse recycling as a
means to conserve resources, energy, money and to further
enhance the environment. The parties hereto recognize that
refuse recycling, use of waste or garbage products and im-
provements in garbage collecting efficiencies are changing
and developing technologies. Notwithstanding anything in
this Agreement to the contrary, at any time during the term
of this Agreement the District may require the Contractor to
prepare and submit a plan to provide refuse recycling in the
Zone. The Contractor shall provide such a recycling plan
within 180 days of receiving the written notice requiring
preparation of a recovery plan. The District shall review
and comment upon the proposed recycling plan within sixty
(60) days. The Contractor shall have thirty (30) days from
receipt of District's comments to modify the Contractor's
proposed plan in order to make said proposed plan acceptable
to the District. If the plan is approved by the District
Board of Directors, the Contractor shall implement the plan
within ninety (90) days unless that is impracticable under
the circumstances. ~mplementation of a refuse recycling plan
will be at no cost to the District.
,
l.
I
~
~
The District may require, as an element of a program to
recycle refuse among other things, that the Contractor under-
take curbside or home pickup of recyclable material and segre-
gate the garbage into elements suitable for recycling and
elements not so sui ted. The District may further require
that the Contractor deliver the segregated recyclable refuse
to locations or sites selected by the District.
Contractor agrees to not only do those things specified
herein, but also to act at the direction of the District on
other matters that may be necessary for the success and effi-
ciency of a recycling project. The District shall give rea-
sonable advance notice to Contractor of changes in the Con-
tractor's operations which may, in the District's discretion,
become necessary due to the implementation of a recycling
program.
:"'\
~~
i
I
~ .
In the event the Contractor fails to submit or implement
a plan in a timely manner as set forth in this section of the
Agreement, or fails to reasonably act at the direction of
District on matters relating to recycling, any and all such
failures will be treated as a breach of this Agreement and
the District shall have the right to elect to terminate forth-
with, without suit or other proceeding.
Read: yes ~~j no { }
Understood: yes ~J> €} . no { }
Comments: No ~t .
- 19 -
25. WASTE TO ENERGY PROGRAM:
The District may evaluate the feasibility of a waste to
enerqy proj ect as a means to conserve resources, enerqy and
further enhance the environment. The parties hereto recog-
nize the technologies in regard to production of enerqy from
waste refuse are changing and developing. The District may,
at any time during the term of this Agreement, undertake a
waste to enerqy project singularly or in conjunction with
another entity. In the event the District undertakes such a
waste to enerqy project, or determines that the waste stream
under this Agreement should be di verted to another enti ty , s
waste to enerqy facility, the District shall give thirty-six
(36) months' notice to the Contractor of its intent to com-
mence or participate in such a program. At the expiration of
the thirty-six (36) months, the Contractor shall implement
the changes in the Contractor's operations which may become
necessary due to the waste to energy project.
The District may require, as an element of the waste to
enerqy project, that the Contractor deliver the garbage col-
lected under this Agreement~ or portion thereof, as directed
by the District, to locations or sites selected by the Dis-
trict for waste to enerqy production. The Contractor agrees
also to act at the direction of the District on other matters
that may be necessary for the success and efficiency of a
waste to enerqy project. In this regard, the District shall
give reasonable advance notice to the Contractor of changes
in the Contractor's operations which may, in the District's
discretion, become necessary due to the implementation of the
waste to enerqy project.
The Contractor shall have the right and duty to collect
and dispose of nonhazardous waste or refuse produced as a
result of operations of a District owned or controlled waste
to enerqy facility, inClUding, but not limited to, ash and
other solid noncombustible material. The Contractor shall
collect and dispose of a share of the refuse produced by the
facility and said share be in proportion to the Contractor's
share of the total garbage delivered to the facility.
In the event that District directs the Contractor to
deliver the garbage to a publicly-owned waste to enerqy facil-
ity, not controlled by the District, the District will make
reasonable effort to secure for the Contractor the right to
collect any waste or refuse produced, or at least a propor-
tional share thereof.
The District may, in its discretion, undertake a waste to
enerqy project in conjunction with a recycling program or
other garbage program as set forth in paragraphs 13 and 24 of
this Agreement. Nothing in this paragraph shall be read to
be in conflict with the provisions set forth in paragraphs 13
and 24.
- 20 -
Read: yes ~~ no { }
Understood: yes V~~- no { }
Co_ents: NON E:- .
26. HAZARDOUS WASTE:
The parties hereto recognize that federal, state and
local agencies with responsibility for the defining of hazard-
ous waste and for regulating the collection, hauling or dis-
posing of such substances, are continually providing new
definitions, tests and regulations concerning these substanc-
es. Under this Agreement, it is the Contractor's responsibil-
ity to keep current with the regulations and tests on such
substances and to identify such substances and to comply with
all federal, state and local regulations concerning such
substances.
Contractor agrees to provide to the District upon its
request the Contractor's program for identifying hazardous
waste and complying with all federal, state and local stat-
utes and regulations dealing with hazardous waste.
Contractor shall make every reasonable effort to prohibit
the collection and the disposal of hazardous waste in any
manner inconsistent with applicable law.
Read: yes tvt>~~ no { }
Understood: yes ~\;:/2J ' no { }
Co_ents: NeNt.-
27. DISPOSAL OF GARBAGE:
Throughout the term of the Agreement, unless District
gives notice as provided for herein, it shall be the Contrac-
tor's sole responsibility and duty to dispose of the garbage
and waste and other material collected by virtue of this
Agreement, including any extension granted by the Board, in a
safe manner in compliance with all federal, state and local
regulations.
(a) Prior to March 1, 1991, the Contractor must provide
the District with conclusive proof that: (1) the Contractor
has ownership of, or a legally binding right to use, a proper-
- 21 -
ly approved and permitted disposal site(s); (2) that said
disposal site(s) has sufficient capacity available to the
Contractor to provide for disposal of all garbage to be col-
lected under this Agreement; (3) and that said site(s) pro-
vides an economically satisfactory disposal alternative.
Proof of each of these conditions shall be provided in writ-
ing to the satisfaction of the District Board of Directors.
In the event said conditions have not been met to the
Board's satisfaction by March 1, 1991, the District shall
have the right to declare a breach or default of said Agree-
ment and may proceed, pursuant to paragraph 31 of this Agree-
ment, to terminate this Agreement.
Subject to the provisions set forth hereinafter in subsec-
tion (b), the District, in its sole discretion, may direct
the garbage collected under this Agreement to be delivered to
any site of its choosing. This shall include the right of
the District to direct the disposal, at no cost to the Dis-
trict, of all garbage collected by virtue of this Agreement,
to a transfer station or stations, disposal site or sites
selected by the Dis~rict,_ including disposal sites that may
be owned and operated by the District, provided that the
disposal of garbage at such transfer station(s) or site(s) is
authorized by law. Contractor agrees that the District may
charge the Contractor a reasonable fee for the disposal of
garbage collected by virtue of this Agreement, if such gar-
bage is disposed of at the site(s) owned by or controlled by
the District and said charge shall be passed on to the CUstom-
er by means of rates fixed by the District .1.
Read: yes ~~y no { }
Understood: yes c.... ~fS,. no { }
Does ORINDA-MORAGA DISPOSAL SERVICE, INC.
or LOMOW have plans as to the site for
disposal of garbage subsequent to the closure
of Acme Fill and/or subsequent to the expira-
tion of the current export agreements vi th
Alameda and Solano Counties?
yes ~\)Q,. no { }
Comments: ~e.... ",,;\k $e..~ c>.N OWl/'\. ~.......~"- ~e..."",~
\ ~._ . "" I _A.-- ~.r~c.'.'.<b o~ ov..or 0......'" c...~
s;. "'-<N"'l -:) 'r \ ~ ~ ,:>e.~ \ t ,__
f\ \_ -'-- ~- - L-- '''.,.."...e.- c:...u,...."",ck- -t1<- '\)lsk.~
C'..~ } ~ eu.r <f'" ~'"" .:u- L ~ N"<"S''' )
~ ~'" 0--X''"'t- ell<: s"f~~'
'-<-J~.e. ,
(b) District agrees in the event that the Contractor
becomes owner of or interest holder in a privately owned
disposal site, other than the current ACME Landfill Corpora-
- 22 -
tion disposal site in Martinez, and secondly, that the Con-
tractor tenders to the District all rights and legal authori-
ty to regulate rates and charges for use of such site by all
persons or entities, including but not limited to site inspec-
tions and audits, the District will direct all garbage col-
lected under this Agreement to be delivered to said privatelY
owned disposal site for the term of the Agreement, including
any extensions which may be granted. The District may there-
after, in its discretion, assume the rate setting authority
or any portion thereof. This Agreement on the part of the
District is conditioned upon the privately owned disposal
site being properly approved and permitted by the necessary
public boards and entities. The District in all instances
retains the right to direct the garbage collected under this
Agreement to a transfer station prior to the delivery to a
privately owned disposal site. Nothing in this subsection
shall be construed to be in conflict with or eliminate the
rights and obligations provided for in paragraphs 24 and 25.
yes ~')>~ no {
yes ~~tj-' no {
Read:
}
understood.:
}
comaents: ~~lJt- .
28. ANNEXATION AND CHANGE OF ZONE BOUNDARIES:
The District agrees to give notice to the contractor by
April 1 of the next calendar year of any geographic area
which has been annexed to or deannexed from the District
during the preceding calendar year or which has been included
in, or excluded from, the Zone. Such notice shall specifical-
ly describe the changed boundaries of the Zone. If such
notice is given to the contractor, all of the provisions of
this Agreement shall apply to the collection, removal, and
disposal of garbage within such changed boundaries of the
Zone beginning on July 1 of the calendar year following the
preceding calendar year during which such annexation or
deannexation occurred.
The contractor shall give notice to the District by April
1 of the next calendar year of any geographic area in the
Zone or immediately contiguous to the Zone, in which the
Contractor has commenced service within the preceding year,
notwithstanding whether the contractor deems that area to be
regulated or unregulated.
The contractor realizes that the District and Zone bounda-
ries may be altered by virtue of actions taken by the Contra
Costa county Local Agency Formation Commission (LAFCO).
- 23 -
The Contractor agrees that should a municipal corporation,
which at the date of the signing of this Agreement exercises
its lawful authority to franchise garbage collection, lawful-
ly annex territory which is within the Zone, the District may
make such alterations to the Zone as the annexation necessi-
tates. Should the District boundaries be amended so as to
change the boundaries of the Zone, the Contractor agrees that
it will abide by whatever changes in the Zone which become
necessary due to changes in the District boundaries made by
the Local Agency Formation Commission. The Contractor agrees
that the District Board of Directors may make such altera-
tions to the Zone as are necessitated by such Local Agency
Formation Commission action's and shall have no right or
claim to damages or other relief against the District for
such alterations to the Zone. The District shall provide
notice to the Contractor of all petitions or resolutions sent
by the District to LAFCO for annexation or deannexations
which may directly affect the territories included in the
Zone.
Understood:
12./
yes {~')> ~. no {
yes ~\)} no {
}
}
Read:
Comments: ~ ~"'t- .
29. TAKEOVER OF FRANCHISE RIGHTS BY OTHER PUBLIC ENTITY:
In the event that the county, or a municipal corporation,
which at the date of the signing of this Agreement has bounda-
ries within the Zone which areas are franchised under this
Agreement, takes action, after such date of signing, to as-
sume the powers and responsibil i ties of the franchisor in
relation to garbage collection and disposal in those areas
within the Zone, the rights of the respective parties in
regard to this Agreement shall be set forth in Health and
Safety Code 4270 n ~ and other applicable law of the
State of California.
Notwithstanding any lawful action by another public enti-
ty to take over the right to franchise solid waste handling,
collection and disposal, the District shall retain the right
at all times during the term of this Agreement, including any
extensions granted by the District Board, to direct the dispo-
sition of all garbage collected within the Zone. Contractor
agrees, notwithstanding any actions taken by another public
entity in regard to assuming the role of the solid waste
franchisor, to deliver the garbage collected under this Agree-
ment to the location or locations designated by the District
during the term of this Agreement, including any extensions
granted by the District Board.
- 24 -
Read:
yes
(~
('..r')) t}'
no {
}
30. AFFILIATED ENTITIES:
The contractor shall provide information necessary to
satisfy the District that the charges made by an affiliated
entity are reasonable. "Affiliated entity" shall be defined,
for purposes of this paragraph, as any entity which provides
products or services to the contractor and in which the Con-
tractor owns a 10% or greater interest. The District shall
have the right to inspect the financial records of any affili-
ated entity in which the contractor owns a majority inter-
est. For purposes of this paragraph the term "contractor"
shall include the contractor, if an individual, and all mem-
bers of his or her immediate family; or if a corporation, the
controlling shareholder and the controlling shareholder's
immediate family members. For the purpose of this paragraph,
"Immediate Family" includes spouses, children, and relatives
of the first degree of sanquinity.
Read:
yes
~{!./ -
~y~ no {
~~} no {
}
}
Understood:
yes
Does LOMOW further understand that during
the 1987 rate fixing process, the District
Board made a determination that Acme pill is
an "affiliated entity" as defined by this
paragraph for purposes of determining the
reasonableness of disposal costs incurred by
OlUNDA-MORAGA DISPOSAL SERVICE, mc.?
L-
yes ~'Y } no { }
Does LOMOW further understand that, as a
matter of law, the District may only pass
through to the rate payers such costs in-
curred by the franchisees as are reasonable
in the judgment of the Distec:t Board.
yes ~v} no { }
comments:~ 'S;kv.J.J) ~ ~os.:J. "'r.\\Ih'~ ct"s:~..>
Or~ _ M.<S'C~ ~~l\. ~ ~ h---.;~ Vle;,~t.-.l"j-j'o--Ir
l....~ J L h"-~ \.,.(r~~) ~(..H-- P:n:-~ .
~\:> e- ~
- 25 -
31. BREACH AND TERMINATION:
The General Manager-Chief Engineer of the District shall
have authority, subj ect to review by the Board of Directors
of the District upon appeal, to determine whether a breach of
any provision of this Agreement by the Contractor has oc-
curred. Any waiver or breach shall not be deemed to be a
waiver of any subsequent breach, in writing, setting forth
the breach or default. The Contractor shall have a reason-
able period to cure the noticed breach, said period not to
exceed sixty (60) days. In the event the breach or default
is cured to the satisfaction of the General Manager-Chief
Engineer of the District within the period of time allotted,
the breach shall not be deemed a material breach. In the
event that the General Manager determines that the Contractor
has failed to satisfactorily cure the breach or default with-
in the period of time allotted, General Manager may determine
such breach or default to be material.
Mul tiple or repeated breaches, or a pattern of breaches
and subsequent attempts to cure said breaches by Contractor
shall provide an ad~quate basis for the General Manager, in
his discretion, to declare any subsequent breach to be materi-
al, notwithstanding whether or not that breach is ultimately
cured by the Contractor.
If such a determination of material breach is made, the
General Manager's determination shall be automatically ap-
pealed to the Board for final action.
A material breach shall be cause for termination of this
Agreement by the Board of Directors of the District.
In the event of a termination prior to the natural expira-
tion of the term of this Agreement, the District shall have
the right to temporarily assume the obligations of the Con-
tractor and shall therefor have the right to forthwith take
possession of all trucks and other equipment of the Contrac-
tor and exercise the Contractor's right to enter and use any
disposal facilities for the purpose of performing the servic-
es agreed to be performed by the Contractor herein until such
time as the District can make other arrangements for the
performance of said services. However, such temporary assump-
tion of Contractor's obligations under the Agreement shall
not be continued by the District for a period exceeding
twelve (12) months from the date such operations are undertak-
en by the District.
During any period in which District has temporarily as-
sumed the obligations of Contractor under this Agreement,
District shall be entitled to the gross revenue attributable
to operations during such period and shall pay therefrom only
those costs and expenses applicable or allocable to said
period, including the reasonable rental value of the trucks
and equipment to be paid to the Contractor. The excess, if
- 26 -
any, of revenue over applicable or allocable costs and expens-
es during such period shall be deposited with the District
funds to the credit of the operation and maintenance ac-
count. The loss, if any, during such period shall be a
charge against contractor, and shall be paid to the District
by the Contractor upon demand. Final adjustment and alloca-
tion of gross revenue, costs, and expenses to the period
during which the District temporarily assumed the obligations
of Contractor shall be determined by an audit by a Certified
Public Accountant and prepared in report form with his unqual-
ified opinion annexed thereto.
District shall indemnify contractor against and hold
it harmless from, any and all liability claims, judgments or
demands, including demands arising directly or indirectly out
of the operations and obligations of Contractor which Dis-
trict assumes pursuant to the provisions of this paragraph
31, save and except claims or litigation arising through the
sole negligence or willful misconduct of Contractor and will
make good to and reimburse Contractor for any expenditures,
inCluding reasonable attorneys' fees, that the Contractor may
make by reason of such matters and, if requested by Contrac-
tor, shall defend any suit at the sole cost and expense of
District.
Nothing in this Agreement shall prevent the District
during any period in which District temporarily assumes the
obligations of the contractor under this Agreement, from
employing persons who were employed by the Contractor for the
collection of garbage under this Agreement.
Upon the occurrence of said breach and the declaration of
such by the Board of Directors of the District, this Agree-
ment and the franchise granted thereunder shall be of no
further force and effect, excepting these provisions concern-
ing District's right to temporarily assume the Contractor's
obligations and to use Contractor's facilities upon early
termination as provided herein. The District then shall be
free to enter into whatever other arrangements are deemed
justified and necessary for the collection, removal and dis-
posal of garbage within the Zone.
Failure by the District to provide the Contractor with
the exclusive franchise to collect and dispose of garbage
within the Zone, as defined in this Agreement, and except as
set forth in paragraph 32, shall constitute a material breach
of this Agreement which will allow the Contractor, in its
discretion, to terminate the Agreement and be relieved of all
obligations and duties hereunder. Notice of termination by
the Contractor must be provided to the District one (l) year
prior to cessation of the duties and responsibilities of the
Contractor hereunder. ~
yes ~'Y} no {
Read:
}
- 27 -
Understood:
~.
yes {~3> } no {
}
Does ORINDA-MORAGA DISPOSAL SERVICE, INC.
and LOHOW accept the right of the District to
take over the equipment of the franchise for
purposes of collecting garbage under his
agreement under the conditions .et forth in
the above paragraph? ~ .
yes {vl } no { }
co_ents: J tiNt,.-
32. EMERGENCY:
Notwithstanding the Contractor's exclusive franchise
rights set forth in paragraph 31, in the event of an emergen-
cy due to natural disaster. or labor strike which interrupts
the collection of garbage by the contractor, the Board of
Directors of the District shall have the right to declare a
temporary suspension of this Agreement for the reasonable
duration of the emergency and until such time as the District
determines that the Contractor is able to reassume all obliga-
tions under this Agreement. Should Contractor fail to demon-
strate to the satisfaction of the Board of Directors of the
District that required services can be resumed by contractor
prior to the expiration of a six (6) month period, this Agree-
ment may be terminated at the direction of the Board of Direc-
tors.
An emergency or a declaration terminating the Agreement
may be declared by a resolution adopted by a four-fifths
(4/5) vote by the District's Board of Directors.
Understood:
Comments: N'DN~'
~.
yes {..;:J~. no {
yes V~} no {
}
}
Read:
33. DISTRICT CODE:
This Agreement is entered into under and by virtue of the
authority of and pursuant to Title 8 of the Code of the Dis-
trict and in accordance with the provisions thereof, and any
- 28 -
subsequent amendment thereto, which are hereby incorporated
in this Agreement by reference.
Read:
yes
--..../;1 ,
~\,~
~-s:> }
no {
no {
}
}
Understood:
yes
Comments:
34. TERM OF THE AGREEMENT:
The term of this Agreement and the exclusive franchise
granted hereunder shall be for a period of ten (10) years
from March 1, 1986, to Karch 31, 1996, subject to the provi-
sions of paragraphs 27 and 31 of this Agreement.
In the event that the three (3) condi tions set forth in
paragraph 27 (a) have been. met to the satisfaction of the
Board by Karch 1, 1991, and the further event that the Board
thereafter determines that the Contractor has provided a
satisfactory level of service at rates reasonable to the
ratepayers, the Board may, in its discretion, extend the term
of this Agreement for a period not to exceed five (5) addi-
tional years, or for a total term not to exceed fifteen (15)
years.
If the Board wishes to take action concerning this option
to extend, such Board action shall be taken and notice given
to the contractor of such action prior to Karch 1, 1994. The
Board has the option to:
(a) Extend the franchise for a period up to five (5)
years under the terms of this Agreement, or;
(b) Extend the franchise for a period of up to five (5)
years, under the terms of this Agreement including any modifi-
cations thereof as may be required in the discretion of the
Board, or;
(c) Refuse to extend the term beyond February 28, 1996.
Failure of the Board to take action with regard to the
extension of term under this paragraph by April 1, 1994 shall
constitute a rejection by the oistrict of the option to ex-
tend and the Agreement shall terminate in due course on Febru-
ary 28, 1996.
All modifications of the Agreement which may become a
condition of an extension of the term shall be in writing and
notice of such modification shall be served upon the contrac-
tor prior to Karch 1, 1994.
- 29 -
The Contractor shall give notice to the District as to
acceptance or rejection of the extension under the terms
offered within three (3) months of the date of service of the
notice from the Board. Failure of the Contractor to give
timely notice will consti tute a rej ection of the offer to
extend.
Understood:
~.
yes ~e
yes {Y }
no {
no {
}
}
Read:
Does OlUNDA-MORAGA DISPOSAL SERVICE, mc.
and LOMOW understand that it is the intent of
this paragraph that the District retains full
discretion as to whether an extension of the
aqreement beyond February 20, 1996 is appro-
priate, and it is not intended that this
paraqraph create any vested right in the
Contractor, or any successor or assignee, to
receive the five-year extension .entioned
herein?
yes ~' no {
}
CCDDIlents: rJ o~t, .
35. CONTEST OF AGREEMENT'S TERMS BY THE PARTIES:
In the event either party to this Agreement attempts to
challenge the validity of any portion of this Agreement, such
action in attempting to challenge the Agreement shall consti-
tute a material breach of this Agreement and the
non-breaching party shall have the right to elect to termi-
nate forthwith without suit or other proceeding.
This paragraph 35 shall not be construed to prevent ei-
ther party from seeking redress to the courts for the purpos-
es of legal review of administrative procedures in regard to
rate setting or District actions taken pursuant to this Agree-
ment, or for the purpose of enforcing the provisions con-
tained in this Agreement.
Read: yes ~~~ no { }
Understood: yes ~~t1- no { }
Comments :N '\)'tl~ .
- ~o -
36. SEVERABILITY:
In the event legal action is brought by a person or enti-
ty, other than the parties to this Agreement, to challenge,
invalidate, contest or set aside any of the provisions of
this Agreement, each and every term and condition, and each
and every section and paragraph is severable from the remain-
ing terms, conditions, sections, and paragraphs. The invali-
dation of any term, condition, section or paragraph as a
result of a legal action, brought by a person or entity not a
party to this Agreement, shall not affect the validity or
enforceability of the remaining provisions. Each of said
remaining provisions shall remain in full force and effect.
yes ~'Y~' {
yes ~~}. no {
Read:
no
}
Understood:
}
Co_ents: rlo~~'
37 . TERMS OF AGREEMENT BARGAINED FOR:
All terms, conditions and obligations contained
Agreement have been bargained for and agreed upon
parties in good fai th. Further, the parties have
into this Agreement on the advice of counsel.
yes U~l}' {
yes {~~e}' no {
in this
by the
entered
Read:
no
}
}
Understood:
Co_ents: t.\I)N~'
38. THIS AGREEMENT SHALL SUPERSEDE PRIOR AGREEMENTS:
This Agreement shall supersede any and all agreements
heretofore entered into by the parties hereto, with the sole
exception of the portion of the existing Agreement between
the District and the Contractor which provides the Contractor
with the exclusive franchise to collect garbage in that por-
tion of the Zone which is known as the incorporated areas of
the City of San Ramon. In regard to the incorporated areas
of the Ci ty of San Ramon, the predecessor Agreement shall
have full force and effect until November 30, 1986. This
agreement does not apply to the incorporated areas of the
city of San Ramon.
- 31 -
Read: yes ~'))~} no { }
(,.
Understood: yes f..r.l"\) } no { }
Comments: .~ t.Jt,..
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in duplicate by its duly authorized
officers and representatives as of the date first above writ-
ten.
CENTRAL CONTRA COSTA SANITARY DISTRICT
By:
Its: President of the Board of Directors
By:
Its: Secretary of the District
Approved as to form:
By:
Counsel to the District
ORINDA-MORAGA DISPOSAL SERVICE, INC.
By:
Its:
Approved as to form:
Counsel to the Contractor
I, , have the authority to bind
ORINDA-MORAGA DISPOSAL SERVICE, INC. by reading and signing
this document.
- 32 -
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
May 17, 1990
NO.
3 .
HEARINGS c.
May 10, 1990
SUBJECT
DATE
CONDUCT A PUBLIC HEARING TO CONSIDER REFUSE
COLLECTION RATE STRUCTURE ALTERNATIVES
TYPE OF ACTION
CONDUCT PUBLIC
HEARING
SUBMITTED BY
Walter Funasaki
Finance Officer
INITIATING DEPT /DIV
Administrative/Finance
and Accountin
ISSUE: The Board of Directors will conduct a public hearing to
consider refuse collection rate structure alternatives.
BACKGROUND: At the April 19, 1990 Board meeting, Mr. Robert Hilton
of Hilton, Farnkopf and Hobson presented a report on alternative
refuse collection rate structures which are believed to be more
consistent with the goal of solid waste minimization. The report
was prepared in response to the Board's interest in considering a
restructuring of the July 1, 1990 refuse collection rates to foster
reduction of solid waste by residential and commercial customers.
Following Mr. Hilton's presentation, the Board determined that the
current service level, which includes collection of yard trimmings
and recyclables, should continue to constitute the basic services
to be included in the rate structure. A public hearing was
determined to be appropriate to obtain public comment before
implementing a change in the structure of the collection rates.
The public hearing was scheduled to be held on May 17, 1990, and
was duly noticed in the Contra Costa Times.
A report prepared by Mr. Hilton on the alternative rate structures
proposed for consideration by the Board is provided with this
position Paper.
RECOMMENDATION: Conduct a public hearing to consider refuse
collection rate structure alternatives, and provide District staff
with guidance and comments.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIA TING DEPT/DIV.
1302A-9/85
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
May 17, 1990
NO.
4. CONSENT CALENDAR a.
SUBJECT
DATE
AUTHORIZATION FOR P.A. 90-8 (DANVILLE) TO BE
INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE
DISTRICT
May 8, 1990
TYPE OF ACTION
ACCEPT ANNEXATION
FOR PROCESSING
SUBMITTED BY
Dennis
a
ineer
INITIATING DEPT/DIV.
Engineering Department/
Construction Division
Parcel
No.
Area
Owner
Address
Parcel No.
& Acreage
Remarks
Lead
Agency
90-8
Danville
(7807 )
Kenneth Wardhaugh
906 Diablo Road
Danville CA 94526
196-290-006
(0.68 Ac)
Owner to build one
single family home
on site.
District to pre-
pare "Notice of
Exemption."
CCCSD
RECOMMENDATION: Authorize P.A. 90-8 to be included in a future
formal annexation.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/85
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INITIATING DEPT.lDIV.
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PROPOSED ANNEXATION
P .A. 90-8
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
SUBJECT
CONFIRM "AMENDED ASSESSMENT DIAGRAM" AND
APPORTION ASSESSMENT AMOUNTS AND AUTHORIZE
RECORDING OF SAID DIAGRAM, LOCAL IMPROVEMENT
DISTRICT 56, WALNUT CREEK AREA
NO.
4. CONSENT CALENDAR b.
DATE
TYPE OF ACTION
APPORTIONMENT
OF LID BONDS
SUBMITTED BY
Dennis Hall
Associate En ineer
INITIATING DEPTIDIV
Engineering Department/
Construction Div's'
ISSUE: The property owners have requested this District to
apportion the bond which is outstanding on a parcel of land in
Local Improvement District (LID) 56.
BACKGROUND: The original parcel in LID 56 assigned assessment
number 56-14 has recently been split into two parcels. The new
parcels are shown on the attached amended assessment diagram and
are assigned assessment numbers 56-28 and 56-29. In accordance
with Section 8730 of the Streets and Highways Code, the District is
required to apportion the LID bond amount on the original parcel to
the newly created parcels. The County Auditor can then prepare a
tax bill for each new parcel.
The original parcel of land was assessed as one unit. Since the
original parcel has been split into two new parcels, one of the new
parcels can receive one unit of assessment and the remaining parcel
can receive a $0.00 assessment as requested by the owner.
It is intended the zero assessment parcel will be assessed an
"equalization fee" upon connection to the public main. This fee
will be deposited in the Assessment District Improvement Fund,
thereby insuring that all connectors to the assessment District
sewer pay their fair share of the pUblic sewer cost. During the
hearing to be held prior to this agenda item, it is anticipated
that the Board will establish an "equalization fee" for LID 56, to
be applied to newly subdivided properties which connect directly to
the assessment District sewer.
The following is a summary of the apportioned assessments:
Assessment No.
Amount
Amended
Assessment No.
Assessment Amount
56-14
$9,310.35
56-28
56-29
$9,310.35
$ 0.00
RECOMMENDATION: Confirm the amended assessment diagram and
apportion assessment amounts and authorize the recording of said
diagram.
~
fl1
1302A-9/85
DR
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RAB
ENG.
INITIATING DEPT.lDIV.
APPORTION L.I.D. BOND
LID 56-14
WALNUT CREEK AREA
...... ,
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
PAGE 1 OF 2
NO.
4. CONSENT CALENDAR c.
SUBJECT
DATE
ADVISE THE BOARD OF THE CLOSE OUT OF THE
MARTINEZ EARLY START PROJECT (DP 4429)
INFORMATIONAL
SUBMITTED BY
Henry Thom
Associate En ineer
INITIA TING DEPT.lDIV
Engineering Department/
Construction Division
ISSUE: All work has been completed on the Martinez Early Start Project
(DP 4429) and this project can now be closed out.
BACKGROUND: The Early Start Project is the first phase of the Martinez
Sewer Improvement Facilities Plan. The project consisted of
approximately 2,200 feet of 27-inch trunk sewer along Berrellesa Street
and the Embarcadero, and approximately 300, 500, and 800 feet,
respectively, of 8-inch sewer along Marina Vista Street, Lower
Berrellesa Street, and Brown and Arreba Streets near Cappy Ricks Park.
Also included were repairs to 26 existing manholes and construction of
7 new manholes. The location of the project is shown on "Attachment A."
Additional information on the project is given on page CS-38 of the
1989-90 Capital Improvement Budget.
The contractor, Mountain Cascade, Inc. of San Ramon, commenced work on
June 5, 1989, and sUbstantially completed all work on November 10, 1989,
ahead of the original project completion date of December 5, 1989. The
project was accepted by the Board of Directors on December 7, 1989.
Mountain Cascade's original construction contract was for $1,164,512.
There were 22 change orders issued on the project. Most of the change
orders were due to conflict with unknown utilities and for repair to the
existing sewer line which collapsed in several places during the
installation of the new sewer line. A credit change order was also
issued for the deletion of a portion of the specified sheet piling along
the Embarcadero due to favorable soils condition. This deletion
resulted in a credit of $59,000 to the District. The total net increase
from all of the change orders is $2,399.14. The total contract amount
paid to Mountain Cascade was $1,166,911.14.
The total authorized budget for the project was $1,805,000. The total
completed project cost is $1,530,500, which is $274,500 less than the
budget. Staff is closing out the project account which will result in
$274,500 being returned to the Collection System Program.
RECOMMENDATIONS: This item is presented to the Board for information.
No action is necessary.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
HT
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INlTIA TING OEPT.lOIV.
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,1c1Af
1302A-9/85
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POINTS OF INTEREST
1 ANT'VK STAT Ie_ g
1 o.AleEA or a:-EAC{ C,
~ ~~:~~~~" ~UllOII(; C~
, COIINTY [)(l[~: ION Cl:NTEA 0
6 COUNTY rl"':E SUllO/NG C,
7 COUNTY HEAl T. eUllOING g
e COUNTY MOSPfTAl C3
9 COOflfTY lIB~"C" cc
10 MAATtNEZ CIT!....All C1
1 t M......TIHEI ""!:""IIf C,"
11 I'OST OrrlCl:
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DOVVNTO'vVt<
r\r1 ART INEZ
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ATTACHMENT
Martinez Early Start Project
DP 4429
A
2523-9/88
.
Centra. ~ontra Costa Sanitary Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
NO.
Ma
17
1990
4. CONSENT CALENDAR e.
DATE
SUBJECT
AU~HORIZE THE ATTENDANCE OF JOHN P. SNYDER,
SENIOR CHEMIST, AT THE KRATOS USERS MEETING
ON JUNE 1 AND 2, 1990, IN TUCSON, ARIZONA
Ma 2, 1990
TYPE OF ACTION
AUTHORIZE TRAVEL
SUBMITTED BY
Bhupinder S. Dhaliwal
Laborator Superintendent
INITIATING DEPT.lDIV.
Plant Operations Department
ISSUE: Approval of the Board of Directors is required for unbudgeted
travel outside of California and/or where the expense will exceed
$500.
BACKGROUND: The District is using a Kratos Analytical (Kratos) MS25
gas chromatograph/mass spectrometer (GC/MS) for trace organic
analyses. From time to time, Kratos MS25 GC/MS users across the
nation assemble to share technical information on new methods and
techniques in environmental sampling and analyses. Additionally,
Kratos MS25 GC/MS users get an opportunity to discuss their needs and
concerns with the technical staff of Kratos, the manufacturer and
supplier of the District's GCjMS. The 1990 Kratos Users Meeting will
be held in Tucson, Arizona. John P. Snyder, Senior Chemist, has been
the primary user of the GC/MS. Over the last several months of
hands-on operation, there are several concerns that he would like to
discuss with similar users and with Kratos staff, especially as it
relates to improved productivity. This user group meeting is the
appropriate and cost-effective way to fulfill District needs. John
Snyder's attendance at the Kratos Users Meeting will directly benefit
the District in terms of improved productivity.
The cost of attendance at this conference would be $800 for travel,
lodging, and registration. The cost of the conference was not
included in the 1989-1990 Operations and Maintenance budget because
the conference was not scheduled at budget time. This request will
over expend the Plant Operations Department Technical Training and
Conference budget by $800.
RECOMMENDATION: Authorize the attendance of John P. Snyder, Senior
Chemist, at the 1990 Kratos Users Meeting on June 1 and 2, 1990, in
Tucson, Arizona.
1302A-9/85
S1J
BSD
Wt6
COMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
WEB
.
Centra. Contra Costa Sanitar) Jistrict
BOARD OF DIRECTORS
POSITION PAPER
PAGE 1 OF 1
NO.
17 1990
4. CONSENT CALENDAR f.
DATE
Ma 10 1990
TYPE OF ACTION
RECEIVE CIB
ESTABLISH PUBLIC
HEARING DATE
SUBJECT
RECEIVE THE DRAFT FISCAL YEAR 1990-91 CAPITAL
IMPROVEMENT BUDGET (CIB) AND ESTABLISH JUNE 21,
1990, AS THE DATE FOR A PUBLIC HEARING TO
RECEIVE COMMENTS ON THE DRAFT CIB
SUBMITTED BY
John Mercurio
Administrative Analyst
INITIATING DEPT.lDIV.
Engineering Department/
Planning Division
ISSUE: The District's draft Fiscal Year 1990-91 Capital Improvement
Budget has been prepared by staff and is ready for Board review. A date
needs to be set for a public hearing to receive comments on the draft
Fiscal Year 1990-91 Capital Improvement Budget.
BACKGROUND: The draft Fiscal Year 1990-91 Capital Improvement Budget
establishes near-term project priorities and authorizes the 1990-91
Fiscal Year budgets for the Treatment Plant, Collection System, and
General Improvements Programs. Detailed information for projects that
are anticipated to be active in Fiscal Year 1990-91 is presented in the
Capital Improvement Budget document.
On May 8, 1990, the Capital Projects Committee met with District staff
to review the draft Capital Improvement Budget. The Committee has
approved the document for submission to the full Board. The Capital
Improvement Budget is therefore submitted for initial review by the full
Board. A workshop is scheduled at the June 7, 1990, Board meeting to
discuss the Capital Improvement Budget.
It is appropriate to receive public comments in a formal Public Hearing.
The Capital Improvement Budget is currently scheduled for a Public
Hearing and adoption on June 21, 1990.
RECOMMENDATION: Receive the draft Fiscal Year 1990-91 Capital
Improvement Budget for review. Establish June 21, 1990, as the date for
a Public Hearing to receive comments on the draft CIB.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
JMK
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1
OF 16
POSITION
PAPER
BOARD MEETING OF
May 17, 1990
NO.
SUBJECT
RECEIVE COMMERCIAL RECYCLING PLANS PROPOSED
BY VALLEY WASTE MANAGEMENT, ORINDA-MORAGA
DISPOSAL SERVICE, INC. AND PLEASANT HILL
BAY SHORE DISPOSAL
5. SOLID WASTE 1
DATE May 11, 1990
TYPE OF ACTION
RECEIVE RECYCLING
PLANS
SUBMITTED BY
Paul Morsen
Deputy General Manager
INITIATING DEPT /DIV
Administrative/Finance and
Accounting
ISSUE: Recycling plans for commercial enterprises and mUlti-family
dwelling units have been submitted by each of the District's
franchised refuse collectors.
BACKGROUND: During the past year, residential curbside recycling
programs have been successfully implemented by the three refuse
collectors at the behest of the Board of Directors. The large
tonnages of recyclables being collected surpass expectations, and
are being diverted from the area's diminishing landfills. However,
in order to meet the requirements of AB 939 for diverting from
landfills 25 percent of solid waste by 1995 and 50 percent by the
year 2000, the recycling program should be expanded to include the
commercial enterprises and apartment and condominium complexes.
Although mUlti-family dwelling units which receive refuse
collection service individually at the curb participate in the
curbside recycling program, those units which use common refuse
collection bins would be included in the proposed commercial
recycling program.
The Board of Directors requested the District's franchised refuse
collectors to submit commercial recycling plans for its
consideration. A copy of the recycling plans submitted are
appended to this position Paper as Attachments I, II and III.
Because of the varied types of business enterprises and multi-
family units serviced, and the different refuse collection service
levels provided, commercial recycling programs must be custom
designed for each customer to obtain the desired results; however,
the commercial recycling plans proposed by the three refuse
collectors do share many common features. A summary of the
recycling plans is shown on the next page.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/65
SUBJECT
RECEIVE COMMERCIAL RECYCLING PLANS PROPOSED
BY VALLEY WASTE MANAGEMENT, ORINDA-MORAGA
DISPOSAL SERVICE, INC. AND PLEASANT HILL
BAY SHORE DISPOSAL
POSITION PAPER
2 16
PAGE
OF
DATE May 11, 1990
SUMMARY OF COMMERCIAL RECYCLING PLANS
VALLEY ORINDA PLEASANT HILL
WASTE MORAGA BAYSHORE
MANAGEMENT DISPOSAL DISPOSAL
Number of Customers
Commercial Enterprises 940 226 179
Multi-family Complexes:
Number of Complexes 152 45 None
Number of Units 4,007 1,010 --
Features of the proqram
Commercial Enterprises:
Provide different sized
recycling containers
depending on the size of
the enterprise and type
of recylables generated. YES YES YES
MUlti-family Complexes:
Provide separate
containers for segre-
gated recyclables
located adjacent to
refuse collection bin. YES YES --
Provide residents with
plastic buckets to store Not in
recyclables before sorting proposal but
into common area recycling will incor-
containers. YES porate --
Implementation Schedule
Commercial Enterprises 1/1/91 60 days after 3/30/91
receipt of
collection
vehicle
MUlti-family Complexes 11/1/90 60 days after --
receipt of
collection
vehicle
13028-9/85
SUBJECT
RECEIVE COMMERCIAL RECYCLING PLANS PROPOSED
BY VALLEY WASTE MANAGEMENT, ORINDA-MORAGA
DISPOSAL SERVICE, INC. AND PLEASANT HILL
BAY SHORE DISPOSAL
POSITION PAPER
3 16
PAGE OF
DATiMay 11, 1990
The commercial recycling program will require an extensive public
education effort which will be jointly undertaken by the District and
refuse collectors with assistance from affected cities.
The District's Regional Recycling and Hazardous Waste Advisory
Committee has considered commercial recycling within the Central San
area and supports its implementation.
The proj ected operating revenues and expenses of the commercial
recycling programs have not been provided by the refuse collectors
because of the difficulty of determining participation levels and
projected tonnages of recyclables. However, such projections will be
obtained in time for incorporation in the current July 1, 1990 rate-
setting process. It is the intention of staff to propose that the
commercial recycling increment to the July 1, 1990 collection rates
be assessed, based on a common implementation date, over a prorated
period which would provide for the staggered and piecemeal
implementation of customers over the course of the rate-setting fiscal
period.
RECOMMENDATION: Receive the proposed commercial recycling plans and
authorize implementation during the 1990-1991 rate-setting year, with
the commercial recycling increment to be determined during the July 1,
1990 rate-setting process.
13028-9/85
Attachment I
Valley Waste Management
P.O. Box 4007
2658 N. Main Street
Walnut Creek, California 94596
415/935-8900
.~
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A Waste Management Company
April 30, 1990
Honorable Nels Carlson, President
and Members of the Board of Directors
Central Contra Costa Sanitary District
4019 Imhoff Place
Martinez, CA 94553
Dear Mr. Carlson:
Attached is the proposed commercial recycling plan requested by the Central Contra
Costa Sanitary District for the Valley Waste Management communities of Alamo,
Danville, Lafayette, and the unincorporated areas surrounding Walnut Creek. Although
we are pleased to provide this proposed plan to CCCSD, we are unable at this time
to project the cost implications of the various programs.
If you have any questions regarding the attached proposal, please contact me at
935-8900.
Ronald J. Proto
General Manager
cc: Paul Morsen
a division of SAWDCO
Valley Waste Management
Commercial Recycling Plan
Presented To
Central Contra Costa County Sanitary District
April 30, 1990
MULTI-RESIDENTIAL HOUSEHOLD RECYCLING PROGRAM
In the Central Contra Costa Sanitary District (CCCSD) communities of Alamo, Danville,
Lafayette, and the unincorporated areas surrounding Walnut Creek, there are
approximately 152 apartment and condominium complexes with 4007 units. While
curbside recycling has been very successful for the single-family households in these
communities, the multi-residential households will require a different recycling approach.
Valley Waste Management proposes to place a container at each apartment or
condominium complex; for the smaller complexes, we will provide supercarts. The
larger bins will be separated into three compartments: one for newspaper, another for
mixed glass, and the third for aluminum cans, plastic soda bottles (P.E.T.) and, once
our processors agree to accept it, tin. Supercarts for the above-mentioned recyclables
will be used at the smaller complexes. VWM will tailor the mode of collection to the
individual apartment/condominium complex, depending on size and logistics.
Each household will be given a 5-gallon plastic bucket in which to store their co-
mingled recyclables. We will ask each household to bring their recyclables to a
centrally located compartmentalized container and separate their recyclables into the
respective compartments.
Valley Waste Management realizes that the participation rate for multi-residential units
may initially be lower than that experienced in the single-family households. In order
to increase the ,chances for success in the multi-residential units, VWM will undertake
a public education program. Prior to program start-up, VWM will meet with the major
apartmentf condominium managers to explain the program and solicit their cooperation
in implementing recycling in their complexes. For the smaller complexes we will send
out an explanatory letter, providing further information if they require it. VWM will also
request that each manager distribute letters supplied by VWM to all
apartmentfcondominium residents describing the forthcoming recycling program. When
the recycling buckets are distributed, a recycling brochure will be included inside the
bucket. This brochure will reiterate the importance of recycling and explain how
apartment/condominium residents can participate by sorting their recyclables.
OFFICE PAPER RECYCLING PROGRAM
Valley Waste Management is in the process of implementing a white/computer paper
program for businesses, schools, and service organizations. Where applicable, VWM
will provide deskside containers to each office, school, and service organization. VWM
will customize the internal routing system of white and computer paper for each
customer, depending on the size and logistics of the individual office or school.
A container will be provided to each white/computer paper customer, depending on the
amount of paper that will be generated and the number of times the bin will be emptied
each week.
A public education program will be implemented to ensure the highest level of
participation among the various bysinesses and schools. VWM will undertake a
program to contact other businesses, schools, and service organizations that may be
interested in participating in this program but do not generate large quantities of these
materials. Customer concerns as to how the program will be structured for their
business or school will be addressed. Prior to beginning the white/computer paper
program, a brochure outlining the white/computer paper program will also be distributed
to all customers.
CARDBOARD RECYCLING PROGRAM
Valley Waste Management is currently picking up cardboard at 33 commercial
businesses in Alamo, Danville, and Lafayette. We are in the process of identifying other
businesses in these communities and the unincorporated areas surrounding Walnut
Creek that are potential sources for cardboard recycling. As they are identified, we will
2
begin adding them to our cardboard recycling route.
As with our other proposed programs, we will launch a public education campaign
detailing how cardboard recycling will work.
RESTAURANT/BAR GLASS RECYCLING PROGRAM
Although glass recycling is currently in a state of flux, in May, VWM will begin to pick
up mixed glass from 22 restaurants and bars in Alamo, Danville, and Lafayette. VWM
is also in the process of identifying other restaurants/bars in these areas that are
potential sources for glass recycling. As they are identified, we will begin adding them
to the new glass recycling route.
Since contamination of glass has been a problem with other commercial glass recycling
programs, VWM will launch a major education campaign in hopes of producing a
cleaner product and encouraging more restaurants and bars to participate in this
program. We will also distribute an informational brochure to new businesses
describing how the glass recycling will work.
3
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Attachment II
P.O. Box 659 . Orinda, California 94563 . Phone (415) 254-2844
R8CI,VID
APR 27 tDuo
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TO:
Central Contra Costa Sanitary District
FROM:
George Navone - Orinda-Moraga Disposal Service
RE:
Recycling Expansion Program - Commercial, Multi-family
We are pleased to offer the following plan in response to the
Central Contra Costa Sanitary District Resolution 90-035 regarding
the development of commercial and multi-family recycling in our
operating zone of Orinda and Moraga. The plan has the potential of
generating broad based participation and will serve as a vital key
in achieving ~he waste diversion goals of AB 939 for the communities
we serve.
A major factor in the development of our plan will be the utili-
zation of data gained from the waste characterization study required
of all cities and the county through the new legislation (AB-939).
The following plan will serve as a guide until the specific waste
composition information is available as to who and where the major
generators of recyclable materials are located.
We have retained the services of 3R Recycling and its principal,
~
Alan Milner to develop and implement the public edu,ation and
promotional programs/ 3R assisted in the development of our
residential recycling programs in Orinda and Moraga and the
firm is presently establishing resource recovery and recycling
projects throughout California.
Orinda-Moraga Disposal looks forward to working with Central San
in the expansion of recycling programs to the commercial, multi-
family, educational and office sectors of our community.
A) IDENTIFICATION OF BUSINESSES, MULTI-FAMILY AND INSTITUTIONAL
COMPLEXES IN THE ORINDA-MORAGA AREA.
BUSINESSES:
A) 225 commercial business establishments
1) 12 major office buildings
2) 27 restaurants
3) 5 supermarkets/grocery stores
MULTI-FAMILY COMPLEXES
A) 45 apartment units
1) 1010 individual units
ST. MARY'S COLLEGE
1) 16 two-story resident halls (1200 students)
2) administration office facilities
3) teaching facilities
4) physical education/performance/activity buildings
B) PROGRAM APPROACH
BUSINESSES
1) 100 of the smaller commercial businesses will receive
three stacking 12-gallon capacity containers...one each
for newspapers, glass bottles and jars, and aluminum and
plastic beverage containers. Collection of the recyclables
will occur weekly.
2) The 27 restaurants will be provided a 64-gallon wheeled
cart for the collection of glass beverage containers. The
collection will be done on a routine basis.
3) With the support of students and employees, school and
office recycling programs will be developed. The scope of
each program will vary based upon the individual situation,
but the plans can include the following:
a) Stacking containers for aluminum, plastic and glass
beverage containers.
b) Desk-top recycling holders for regular, high grade and
computer office paper.
c) Where appropriate, larger 64 or 95-gallon wheeled carts
will be utilized when sufficient volumes warrant.
NOTE:
The success of school and office recycling programs
depend greatly on the cooperation of the authorized
janitorial service which will actually be handling
materials prior to pick up by Orinda-Moraga Disposal.
4) In conjunction with the development of the cities and county
integrated Waste Management Plans, a survey will be mailed to
all businesses, multi-family complexes and institutions to
determine the amount/volume and accessability of recyclable
materials generated. From this information, a specific program
will be developed for each situation, targeting the largest
generators first and then on to others.
C) IMPLEMENTATION SCHEDULE
Upon approval and acceptance of the proposed program. purchase
orders will be authorized for the collection vehicle and con-
tainers. The commercial and multi-family recycling programs
can commence within 60 days following delivery of the collection
vehicle.
D) BUDGET
One-time costs:
a) Collection vehicle (Lodal) $ 89.000
b) Comtainers:
Stacking - 200 sets @ $15.50 3.100
64-ga11on - 100 @ $50.00 5.000
95-ga11on - 100 @ $65.00 6.500
c) Promotion. Publicity materials 2.000
$ 105.600 $ 105.600
Annual expenses:
a) Labor $ 52.000
b) Operation/Maintenance 30.000
c) Promotion/Education/Publicity 6.000
TOTAL $ 88.000 $ 193.WO
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MULTI-FAMILY
1) All multi-family complexes will receive a minimum of
three 64 or 95-gallon wheeled carts. One will be labeled
for aluminum and plastic beverage containers, another for
glass and the third for newspapers. Where space allows,
the carts will be located as close as possible to regular
garbage bins. The goal is to have residents take recyclable
materials out at the same time they remove their trash.
ST. MARY'S COLLEGE
1) In cooperation with the students and administration, a
specific recycling program will be developed for St. Mary's
College. The success of such programs depend primarily on
the desire and commitment of the participants. Orinda-Moraga
Disposal is prepared to assist in the development of the
program, but at this time, the College has no planning
effort in progress.
,
DISPOSJ.\l SERVICE~ t~I~\
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P.O. Box 659 . Orinda, California 94563 . Phone (415) 254-2844
RECIIVID
APR 27 teaa
~,... CCCSD
C.i.,pnAAY~~~." I"l~:"''''.
TO:
Central Contra Costa Sanitary District
FROM:
George Navone - Orinda-Moraga Disposal Service
RE:
Recycling Expansion Program - Commercial, Multi-family
We are pleased to offer the following plan in response to the
Central Contra Costa Sanitary District Resolution 90-035 regarding
the development of commercial and multi-family recycling in our
operating zone of Orinda and Moraga.
The plan has the potential of
generating broad based participation and will serve as a vital key
in achieving the waste diversion goals of AB 939 for the communities
we serve.
A major factor in the development of our plan will be the utili-
zation of data gained from the waste characterization study required
of all cities and the county through the new legislation (AB-939).
The following plan will serve as a guide until the specific waste
composition information is available as to who and where the major
generators of recyclable materials are located.
We have retained the services of 3R Recycling and its principal,
Alan Milner to develop and implement the public edusation and
promotional programs/ 3R assisted in the development of our
residential recycling programs in Orinda and Moraga and the
firm is presently establishing resource recovery and recycling
projects throughout California.
Orinda-Moraga Disposal looks forward to working with Central San
in the expansion of recycling programs to the commercial, multi-
family, educational and office sectors of our community.
A) IDENTIFICATION OF BUSINESSES, MULTI-FAMILY AND INSTITUTIONAL
COMPLEXES IN THE ORINDA-MORAGA AREA.
BUSINESSES:
A) 225 commercial business establishments
1) 12 major office buildings
2) 27 restaurants
3) 5 supermarkets/grocery stores
MULTI-FAMILY COMPLEXES
A) 45 apartment units
1) 1010 individual units
ST. MARY'S COLLEGE
1) 16 two-story resident halls (1200 students)
2) administration office facilities
3) teaching facilities
4) physical education/performance/activity buildings
B) PROGRAM APPROACH
BUSINESSES
1) 100 of the smaller commercial businesses will receive
three stacking 12-gallon capacity containers...one each
for newspapers, glass bottles and jars, and aluminum and
plastic beverage containers. Collection of the recyclables
will occur weekly.
2) The 27 restaurants will be provided a 64-gallon wheeled
cart for the collection of glass beverage containers. The
collection will be done on a routine basis.
3) With the support of students and employees, school and
office recycling programs will be developed. The scope of
each program will vary based upon the individual situation,
but the plans can include the following:
a) Stacking containers for aluminum, plastic and glass
beverage containers.
b) Desk-top recycling holders for regular, high grade and
computer office paper.
c) Where appropriate, larger 64 or 95-gallon wheeled carts
will be utilized when sufficient volumes warrant.
NOTE: The success of school and office recycling programs
depend greatly on the cooperation of the authorized
janitorial service which will actually be handling
materials prior to pick up by Orinda-Moraga Disposal.
4) In conjunction with the development of the cities and county
integrated Waste Management Plans, a survey will be mailed to
all businesses, multi-family complexes and institutions to
determine the amount/volume and accessability of recyclable
materials generated. From this information, a specific program
will be developed for each situation, targeting the largest
generators first and then on to others.
C) IMPLEMENTATION SCHEDULE
Upon approval and acceptance of the proposed program, purchase
orders will be authorized for the collection vehicle and con-
tainers. The commercial and multi-family recycling programs
can commence within 60 days following delivery of the collection
vehicle.
D) BUDGET
One-time costs:
a) Collection vehicle (Lodal) $ 89,000
b) Comtainers:
Stacking - 200 sets @ $15.50 3,100
64-gallon - 100 @ $50.00 5,000
95-gallon - 100 @ $65.00 6,500
c) Promotion, Publicity materials 2,000
$ 105,600 $ 105,600
Annual expenses:
a) Labor $ 52,000
b) Operation/Maintenance 30,000
c) Promotion/Education/Publicity 6,000
TOTAL $ 88,000 $ 193,600
MULTI-FAMILY
1) All multi-family complexes will receive a minimum of
three 64 or 95-gallon wheeled carts. One will be labeled
for aluminum and plastic beverage containers, another for
glass and the third for newspapers. Where space allows,
the carts will be located as close as possible to regular
garbage bins. The goal is to have residents take recyclable
materials out at the same time they remove their trash.
ST. MARY'S COLLEGE
1) In cooperation with the students and administration, a
specific recycling program will be developed for St. Mary's
College. The success of such programs depend primarily on
the desire and commitment of the participants. Orinda-Moraga
Disposal is prepared to assist in the development of the
program, but at this time, the College has no planning
effort in progress.
.
Central Contra Costa Sanitary District
BOARD OF. DIRECTORS
PAGE 1 OF 1
POSITION PAPER BOARD MEETING OF May 17, 1990
NO.
SUBJECT
9. BUDGET & FINANCE b.
DATE May 10, 1990
APPROVE THE 1990-1991 EQUIPMENT BUDGET FOR
INCLUSION IN THE 1990-1991 DISTRICT BUDGET
TYPE OF ACTION
APPROVE EQUIPMENT
BUDGET
Walter Funasaki
Finance Officer
INITIATING DEPT /DIV
Administrative/Finance and
Accountin
SUBMITTED BY
ISSUE: The District's 1990-1991 Equipment Budget is submitted for
approval.
BACKGROUND: The 1990-1991 Equipment Budget was submitted for review
at the May 3, 1990 Board Meeting, and is scheduled for approval by
the Board on May 17, 1990. The Board's Capital Projects Committee
reviewed the 1990-1991 Equipment Budget with District management
prior to the submission of the budget to the Board on May 3.
At the May 3, 1990 Board Meeting, District staff was requested to
determine whether the random access memory capacity of the three AST
microcomputers included in the 1990 - 1991 Equipment Budget was at
least 2 megabytes, and whether the math coprocessing feature was
being acquired; it has been determined that the desired capacity and
feature have been specified for each of the microcomputers.
A $40,000 contingency amount is provided in the 1990 - 1991 Equipment
Budget for unbudgeted equipment items which may be acquired upon
approval of the General Manager-Chief Engineer, subject to an
approval limit of $2,000.
The approved 1990-1991 Equipment Budget will be scheduled for
adoption with the 1990-1991 Personnel, Operations and Maintenance,
Self Insurance Fund, and Capital Improvement Budgets on June 21,
1990.
RECOMMENDATION: Approve the 1990-1991 Equipment Budget for inclusion
in the 1990-1991 District Budget to be adopted on June 21, 1990.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIA TING DEPT.lDIV.
1302A-9/B5