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Home My WebLink AboutAGENDA BACKUP 04-17-86 . Centro. Contra Costa Sanitar) District BOARD OF DIRECTORS POSITION PAPER I BOARA~~E{tG1~F, 1986 SUBJECT r PAGE 1 OF 4 NO. VI. CONSENT CALENDAR 2 AUTHORIZATION FOR P.A. 86-10,-11,-12 (WALNUT CREEK) AND P.A. 86-13 (DANVILLE) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT DATE April 8, 1986 TYPE OF ACTION SUBMITTED BY Dennis Hall, Associate Engineer Pa rce 1 No. Area 86-10 Walnut Creek (76B1 ) 86-11 Walnut Creek (50B7) 86-12 Walnut Creek (50B7) 86-13 Da n vi 11 e (1 00C6 ) Owner Address Parcel No. & Acreage James E. Cox Box 111 Martinez, CA 94553 139-040-004 (10.79 acres) Clinton A. Phalen, etux 30 Orchard Estates Drive Walnut Creek, CA 94598 138-080-002 (0.59 acres) Ki ng K. Lou 74 Castle Rock Court Walnut Creek, CA 94598 138-080-056 (0.982 acres) Olympia Properties, Inc. 6000 Stoneridge Mall Road Room 260 Pleasanton, CA 94566 217-020-001 (144.06 acres) ACCEPT ANNEXATION FOR PROCESSING INITIATING DEPT./DIV. Engineering Dept./Construction Div. Remarks Lead Agency Proposed Subdivision 4992 City of having 9 residential lots. Walnut Creek The tentative map has been approved by the city of Walnut Creek and a Negative Declaration has been prepared. Existing home - failing CCCSD septic system. District to prepare "Notice of Exemption.1I Existing home - failing CCCSD septic system. District to prepare "Notice of Exemption.1I Proposed Sub 6661 - Approx. City of 150 lots (single family Danville residences). Environmental review was covered by the Sycamore Valley Specific Plan. The city of Danville has approved the subdivisio plans. RECOMMENDATION: Authorize P.A. 86-10,-11,-12 and P.A. 86-13 to be included in a future formal annexation. INITIATING DEPT./DIV. 1;1( 1302".9!85 DH A ,~S~G REVIEWED AND RECOMMENDED FOR BOARD ACTION jllI! JSM / ROGER J. DOLAN (J~ 7~ ,. ~., ;LJ.I'ti~ .. MOUNT OIi08LO~~~P: -\'~ "'] G~I5\' ll!".l~ ." J\l'"wLlANAI 20 ~2AL \ \1. 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IT INE .y~L 7';;"wfl) ~"..7 ,- . ~ -~" ~.':>d "" ~~~"". ~'" Ii iIliil' ~; " ". .~'$;':; " j o 1 ~ ~ ~ 1l~~ 57 :~~T 27 ., 14--;-Z.' c, ?! ,~I I' I{ ~ it!" <'I:'~ ~ "Br.' 'i. J' : ~o n \6_" v ___ ---.J- .~. -:-'~ 0 't IS ~ ~ . ~ 'I~ ~ I. I~ ..gr.t~r I,~ .. l.'aJlzlo . I~ --lUa '~., If~" -~~ lOa ~s ~ = Ji f'?,' ..... '-=T .:>,;~ 41 '0 ~ Ist~La PLACE ': ll'~\.?- ~~.o ~'r;: V. ~ ~ I~:I': fJ oJ ~ ~ ~ "~7~ \1... , ~4 ::: ~.,\"o C ~~ it. o:~. ,\. · ,." --i.. ,,''';! .;':::. '" !~ ~ ~17~f ~ ~;:;..~ '~L~ ~ 'l: ~ $ 'i~/A~i~ "'s'a':': ..~ ~~::. ~~. · '"'' "<fi..,I(FW ~.,J =-.E ~^\\.~j ,t: ~ I ......, I . 2 IS 51 I.-- .. '=^'. 21 ~'~Sf ~ ~'>> ~ 1. "-s. l~\\~ ~ ""11 I.r. II 1\ ~? ',~ ex ~ - ~ ~ ~& eo ~ . 1_ ~ ~ OJ .. 'Ii Q I~ 1.::'1 ~~ S llil'" 14 I " _ > [g Q 1.r..1!d.7' i 0 ,_ ~ ~ . \I 7-.1ICi/l. Z 26'\21 .~j"'~ ~ : .. II) ~ 511 ~ I. -:.. -.' 2~ ,~\N DR .. ... ':. I, .. ' 13 Y ~ ~-I"S 52 .,i/If '.. " .. 10. 10 t-'- "ll ~~~. ! /:4 ~ .!. u '" r.:r. .. ,....- - -~ 42 . .... .......,) .. -=- I~":;oj . ~_ V ,,!_~/' 'Ofl :!, \..u z lOT DIAILO UZI"ED' I I:!/If= ./ '" I" ~ "" .. ~( ~ -i, ... J>o.....o ~ ICNOOL Din. r:f . - _ · "'<:l~ ~ 7 ~ .".-:':;':-:-. tt~z~~ - I LorNOEft 4.I"C - _~ -I- !O to <'7Ot../!t \ ~~~ ---. ~,~I- '~~3 ~ fu----- \ '" ~ .., ". +f' '" .... \I '" 'tit!l.!:':' "MIS II?IIAC ",:.:.;.:.:.:.:.;.;. . .............. A 7.41" . ..~ . __ HENKER 44. C ....r- ::.::::' ALLEZ 110. II Ac 'nER 84,I4Ae PROPOSED ANNEXATION RA. S, -10 L I (?6~') CllIU .............. '~. 6_42 ,Ie liT DtA.LO 'CHOOl PROPOSED ANNEXATION ", U) It) f?A. 8b~II~"/2 U) U) It) OANVII-/..E ( DPE.~ SPAc.E "'\ + Ef./ 'b IJ :.::~. .,\)~ PROPOSED ANNEXATION AA. 86-1.3 + ALLWC + lo~c.~t7 . Centre... Contra Costa Sanitar) District BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF A ril 17, 1986 NO. VI. CONSENT CALENDAR 3 SUBJECT DATE ADVISE THE BOARD OF THE CLOSE OUT OF THE HOLDING BASIN "C" RENOVATION PROJECT (DISTRICT PROJECT 3615) AND RETURN $35,959 TO THE SEWER CONSTRUCTION FUND A r il 8 , 1986 TYPE OF ACTION INFORMATIONAL SUBMITTED BY Munawar Husain, Associate Engineer INITIATING DEPT./DIV. Engineering Dept./Construction Div. ISSUE: All work has been completed on the Holding Basin "c" Renovation Project and this project can now be closed out. BACKGROUND: There are three holding basins at the Treatment Plant which provide storage capacity for wastewater by-passed during peak storm flows and emergencies. The renovati on of Hol di ng Basi n "c" was the final phase of a program to maximize the available storage volume of the three holding basins. Holding Basin "A" was renovated in 1979 and Holding Basin "B" was renovated in 1980. The renovation of Holding Basin "C" added 30 m1l1ion gallons of storage capacity. With this additional capacity, the total Plant storage capacity has increased to 170 million gallons, which equates to roughly 5 days of dry weather flow. The construction work on this project included excavation, removal, and disposal of combined air-dried water treatment (alum) sludge and digested sewage sludge; recontouring of the basin bottom; reconstruction of levees and ramps; placement of aggregate base roadways on levees and ramps; slope protection at outfall dechlorination facility; installation of miscellaneous pipelines; and installation of a sump pump structure for basin dewatering. The contractor, Winton Jones Construction, Inc., commenced work on August 26, 1985. Timely performance of the contract work was cruci al before the onset of rains. Winton Jones performed the work diligently and as a result the work was completed on November 18, 1985, the required completion date. The project was accepted by the Board on December 5, 1985. During the recent severe storms, Holding Basin "C" provided the peak storage capacity for the Plant. The Engineer's estimate for the construction contract was $386,000. Winton Jones' construction contract was for $296,220.71. There were four Change Orders issued on the project totalling $29,044.75, resulting in a total payment of $325,265.46 to Winton Jones. The total budget for the project was $449,969. The total completed project cost is $414,010 which is $35,959 less than the budget. Staff is closing out the project which will result in $35,959 being returned to the Sewer Construction Fund. RECOMMENDATION: This item is presented to the Board of Directors for information. No action is necessary. INITIATING DEPT./DIV. J/jj. 14L 1302,4.9/85 MH RSK JSM RAB . Centra, Contra Costa Sanitar)' District BOARD OF DIRECTORS PAGE 1 OF POSITION PAPER BOARD MEETING OF April 17, 1986 NO. VIII. SOLID WASTE 1 SUBJECT DATE March 31, 1986 AUTHORIZE EXECUTION OF THE RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT WITH PLEASANT HILL BAY SHORE DISPOSAL SERVICE TYPE OF ACTION FRANCHISE AGREEMENT EXECUTION SUBMITTED BY Paul Morsen, Deputy General Manager INITIATING DEPT./DIV. Administrative ISSUE: On February 6, 1986, the Board of Di rectors authorized execution of the renegoti ated refuse coll ecti on franchi se agreement with Pl easant Hi 11 Bay Shore Di sposal Service, conti ngent upon recei pt of a comprehensive and acceptabl e rate application by March 31, 1986; such rate application was received by March 31, 1986 and final execution of the franchise agreement is recommended. . BACKGROUt<<>: A refuse coll ecti on franchi se agreement was executed on November 24, 1961 by the District and Pleasant Hill Bay Shore Disposal Service which granted a franchise to operate in Zone 3 within District boundaries. The agreement was amended on February 26, 1965 to extend the term of the agreement from November 30, 1966 through November 30, 1976, with an option to thereafter extend for an additional ten-year period. The ten-year option was exercised for a term beginning December 1, 1976 and ending November 30, 1986. The current refuse collection rates were originally established for Zone 3 in 1971. These rates have not been changed in the last fifteen years, as the refuse collector has not applied for a rate increase. The results of a Board-directed review of the collection rates and operating results within Zone 3 by Price Waterhouse disclosed that rates in areas outside of the original Zone 3 boundaries were not consistent with the 1968 rates schedule, and certain services were treated by the collector as unregulated. The Board, therefore, directed that: 1. by December 31, 1985, the Zone 3 boundaries be defined for all areas served by the collector which are within District boundaries, and the refuse collection services and rates regulated by the District be defined for the co 11 ecto r . 2. by March 31, 1986, a rate application is to be submitted by the collector for Zone 3 as defined in (1) above, as a condition precedent to execution of the newly renegotiated franchise agreement. After review of the rate application package by the Finance Officer for comprehensiveness and acceptability, the two conditions have now been met and execution of the agreement is recommended. RECOMMENDATION: Authorize execution of the renegotiated refuse collection franchise agreement with Pleasant Hill Bay Shore Disposal Service effective April 1, 1986. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ JH 1302A.9/85 PM WF . Centra. Contra Costa Sanitar) District BOARD OF DIRECTORS PAGE 1 OF 3 April 17, 1986 NO. IX. PERSONNEL 1 POSITION PAPER BOARD MEETING OF RECEIVE MD CONSIDER PERS~EL BUDGET REQUESTS FOR FISCAL YEM 1986-87 DATE April 9, 1986 TYPE OF ACTION SUBJECT PERS~EL SUBMITTED BY INITIATING DEPT./DIV. Cathryn Freftas. Personnel Offfcer AdBfnfstratfvelPersonnel ISSUE: Staff has analyzed its personnel needs for F1 seal Year 1986-87 and is submitting its requests for Board consideration at the April 17th meeting. Final Board approval of the Personnel Budget is calendared for the May 1, 1986 Board meeti ng. BACKGROUND: Each department has reviewed its staffing requirements for Fiscal Year 1986-87. The Personnel Budget includes memoranda from each department (Attachments II, III, IV, V, and VI) with detailed explanations on the affect of these recommended staffing changes. The attached summary sheet (Attachment I) highlights each department's staffing recommendations and summarizes thei r effect on the number of total authorized positions in the District. As shown in the summary, the total number of authorized positions in the District will increase by ten over last year; the number of requested new positions (15) is partially offset by posftions recommended to be del eted (5). In addition to the increased number of positions, the salary and wages in the 1986-87 0 & M Departmental Budgets will increase from the previous year due to the fOllowing: o A five percent cost-of-living adjustment, effective May 1, 1986, per the current Memoranda of Understanding with the employee associations; o Merit increases scheduled in 1986-1987; o Filling authorized positions which were vacant in 1985-1986; and o Positions authorized in 1985-1986 which were not budgeted for the full year because of anticipated recruitment efforts and time required to fill positions The Personnel Budget, if approved, requi res the foll ow ing Board authorizati ons and modifications to the District staffing charts. Administrative Department 1) Delete one Building Maintenance Technician position, G-59, $2135-$2582 REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. ~c;;? 1302"'.9/85 CRF SUBJECT POSITION PAPER RECEIVE AND CONSIDER PERS<WNR BUDGET REQUESTS FOR FISCAL YEAR 1986-87 2 PAGE DATE OF 80 April 7, 1986 2) Add one Senior Building Maintenance Technician position, G-65, $2460-$2981, reclassffy Donald "Bob" Robertson to Senior Building Maintenance Technician and adopt class description 3) Add one Materials Coordinator 1/11 position, G-49, $1686-$2036 4) Delete one Personnel Analyst 1/11, 5-65, $2472-$2994 5) Add one Publ ic Information Coordinator position, 5-68, $2786-$3215, recl assffy Harri ette Stahl to Publ ic Informati on Coordi nator and adopt cl ass description 6) Add one secretarial position, (salary per reclassification.) The specific titl e and sal ary of this position wil 1 be brought to the Board at the completion of the reclassification analysis. Collection Syst_ Operations Department 7) Delete one Collection System Technician position, G-59, $2135-$2582 8) Delete one Maintenance Crew Member 1/11 position G-53, $1852-$2238 9) Add one Assistant Engineer position, G-72, $2910-$3524 10) Add one Construction Equipment Operator, G-62, $2294-$2775 P1 ant Operations 11) Add one Chemist 1/11, G-62, $2294-$2775 En~ineer1n~ Department 12) Delete present class description for Wastewater Control Technician G-64, $2405-$2910, and adopt class description for Wastewater Control Technician, G-60, $2186-$2645 13) Add one Source Control Speci al ist, G-69, $2710-$3276, recl assffy Wastewater Control Techni ci an Kurt Darner to Source Control Speci al ist and adopt cl ass descri pt ion 14) Add three Associate Engineers, 5-77, $3291-$3987 15) Add one Assistant Engineer, G-72, $2910-$3524 16) Add one Engineering Applications Technician, G-52, $1809-$2186, and adopt class description 17) Add one Graphics Technician If II, I = G-52, $1809-$2186, and II = G-60, $2186-$2645, and adopt cl ass description Co-op Pro~r_ 18) Authorize the hiring of students from the University of Cal ifornia Engineering Cooperative Work Study Program (Co-op) to fill four positions The Board Personnel Committee has met on this matter. RECXMENDATION: Receive and consi der Personnel Budget for Fi scal Year 1986-1987 herein identified by items one through eighteen. Approve the Personnel Budget at the May 1, 1986 Board Meeting. 13028.9/85 ....- -- ----- e 0 .... ~ LO LO ItS 0'1 ~ 0 N 0 0 0 N 0 \0 r-I <0 .... r-I ro ~ ..... 0 Q) ----- 0- Ul ~ 0>lf3 CD III NCO\ III .... .... ..... LO LO ItS "'~ I ~ \0 0\ LO 0 0 .- O~te ~ 0\ LO r-I <0 0 N ~:l0\ N e <CI)..... ItS .... ----- 0 .... i ~~ e .c::. * * * 0 !A", r-I lTl ~ ~ CI) CL. ----- .- 0 s... ..-.........,..... .-... -- -- -- .........-..,.....,.............. ,..... ~ LO o r-I \0 ~ LO LO ~\Oli3~l8l8 e r-IltS<OlTl NI""- l""- 8 NOO\~ ~~ ~ ~~O\LOr-Ir-I lTl....N lTllTllTlNN ... ~ ... ... ... ... ... ... ... ... ... ... ... s... t' 1....61 1 1 1 16~6~~ $ o~ ~ lG l8~~l8 r-IO\ 0\ l8r-10\r-I~~ ItS ,...C ~1tS \0 O\N N r-I~NO\ ~ lG lG .-Nr-I NN N N lTlNr-Ir-I Cl)Q: ... 0...... ... ... ... ... ... ... ... ... ... ~ a> III ~ .. s... .. .. .. .. .. .. .. .. .. .. .. 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ItS ~~ * e .... ~ e '- t e ::J ::J * * ....~ e ..... :>.~ "'oO~ cCcC .@~ 0 ItS Ol ~~ .... a>.... e (/) .- e '" ~~a> .- .- cC~ U a.. UJ (/)0 t Q).....",o ItS ItS a> .-"'O::J ~~ b ------------ ----- .... Q)"'O~ ~~ Q OcC(/) Z . Centr,- Contra Costa Sanital District BOARD OF DIRECTORS PAGE 1 OF 18 POSITION PAPER BOARD MEETING OF April 3, 1986 NO. V. HEARINGS 1 CONDUCT A PUBLIC HEARING TO CONSIDER REVISIONS TO TITLE 8 OF THE DISTRICT CODE RELATED TO GARBAGE COLLECTION DATE Ma rc h 19, 1986 TYPE 8F ACTION ON DUCT PUBLIC HEARING SUBJECT SUBMITTED BY INITIATING DEPT./DIV. Paul Morsen, Deputy General Manager Administrative ISSUE: The Board of Di rectors schedul ed a Publ ic Heari ng on April 3, 1986 to consider revisions to Title 8 of the District Code which are required to conform to provisions within the recently renegotiated refuse collection franchise agreement. BACKGROUND: The District Code includes provisions which specify the terms, conditions and requirements under which refuse collectors, customers, and the District operate for the collection and disposal of refuse within the District. These provisions are contained in Title 8, entitled "Garbage," of the District Code. Changes and additions in Title 8, as summarized in Attachment I, Summary of Changes to the Garbage Ordinance, are proposed to achieve consistency with the terms of the renegotiated franchise agreement and current conditions. The revised Title 8 of the District Code is appended as Attachment II. Notices of the Publ ic Hearing were publ ished in the Contra Costa Times on two separate days. RECOMMENDATION: Conduct a Public Hearing on April 3, 1986 to receive public comment on the proposed revisions to Title 8 of the District Code, and adopt such revisions as are considered appropriate. d~ WNF 1302A.9/85 JH ATTACHMENT I SUMMARY OF CHANGES TO THE GARBAGE ORDINANCE 1. The existing Ordinance has been amended to add definitions of the pertinent phrases used therein, !ncluding a def ini tion of garbage which is consistent with that of the franchise agreements. (S 8.04.005) 2. Language has been added which specifically excludes from the parameters of this Title, the collection of industrial waste, septage and hazardous waste. (S 8.04.005 D) 3. A new provision clarifies that it is illegal to sewer garbage other than through an approved mechanical device which shreds and grinds refuse. The provisions further make it unlawful to burn or keep garbage on premises, provided, however, that sanitary composting is permitted. (S 8.04.075) 4. Additional language requires that the drop boxes and bins used by the contractor be fireproof and further requires the display of the identification of the contractor on its property. (S 8.04.080 B) 5. The Code specifically requires the contractor to provide service to all entities within the zone if the contractor is an exclusive franchisee. Specific language reserves the right to the District to collect garbage and makes collection of garbage by a person or entity other than as authorized by the District unlawful. However, the language provides that a person or entity which itself generates garbage may collect and remove that garbage so long as it is done in a sanitary manner. (S8.04.090, 8.04.095) 6. A new section is added which specifically sets forth the District's right to salvage and to participate in recycling or waste to energy projects. (S 8.04.096, 8.04.097) 7. The language concerning the location and description of zones is deleted and a general reference to the 600 scale maps retained in the office of the Secretary of the District has been substituted. (S 8.08.010) 8. The requirement that the District Board hold a public hearing prior to setting rates for the collector is modified from a mandatory requirement to a permissive status since state law does not require a public hearing under such circumstances. (S 8.08.020) 9. The customer complaint provisions are expanded to provide for complaint handling concerning both customer service and rates. (S 8.08.030) 10. A new provlslon provides that the District may undertake the collection of garbage in an emergency or upon early termina- tion of the contract. (S 8.12.040) 11. The insurance provisions have been modified to delete the express amounts and generally conform the Code to the new franchise agreements. (S 8.12.020) 12. A new provision has been added in regard to collection of the franchise fee by the District which conforms the Code to the new franchise provisions and specifically sets forth that the fee will, at minimum, be based on the attributable overhead including outside professional fees incurred in administra- tion of the franchise. (S 8.12.060) 13. A provision has been incorporated which makes failure by the contractor to comply with all federal, state and local laws regarding the collection of garbage a violation of the Code. (S 8.12.070) 14. An addi tional section has been added which specifically requires the contractor to maintain adequate records in regard to their franchised operations. Furthermore, the presentation of falsified or intentionally misleading re- cords by a contractor is unlawful. (S 8.12.080) 15. A new chapter has been added and several related provisions have been amended to specifically authorize the Board to enter into a Joint Powers Authority with other public enti- ties for the purpose of jointly providing or regulating garbage services. (Chapter 8.18) Chapters: 8.04 8.08 8.12 8.16 8.18 Sf'ctions: 8.04.005 8.04.010 8.04.020 8.04.030 8.04.040 8.04.050 8.04.060 8.04.070 8.04.075 8.04.080 8.04.090 8.04.095 8.04.096 8.04.097 ATTACHMENT II Title 8 GARBAGE Storage and Collection Rates Exclusive Franchises Nonexclusive Franchises Joint Powers Authority Chapter 8.04 STORAGE AND COLLECTION Definitions Storage of garbage at point of or1g1n Garbage to be placed in containers Requirements for containers Requirements as to containers not applicable to certain types of garbage Area where container kept to be clean Frequency of removal Exceptions to application of Sections 8.04.010 through 8.04.060 Keeping, burning or sewering of garbage General requirements for hauling garbage Unlawful collection District to collect garbage Right to sell valuable commodity Salvage, recycling and waste-to-energy projects 8.04.005. Definitions: A. "Contractor": A person or entity with whom the District enters into a franchise agreement for the disposal of garbage within the District. B. "Customer": Those who have contracted with the Con- tractor for the collection, removal, recycling or disposal of garhage as provided for in this Ti tIe and/or in a Franchise -1- Agreement between the Contractor and the District, or who are otherwise required by law to accept garbage collection services administered by the District. C. "District": The Central Contra Costa Sanitary Dis- trict, a public corporation, and the term District as used in this Chapter shall include a Joint Powers Authority, of which the Central Contra Costa Sanitary District is a member agency, which exercises franchising and regulatory functions for garbage col- lection within District boundaries. In the event the Central Contra Costa Sanitary District becomes a member of a Joint Powers Authority, which exercises franchising and regulatory functions for garbage collection and/or disposal, then the term "District" as used in this Chapter shall include the Joint Powers Authority. D. "Garbage": 1. Animal, fruit and vegetable refuse. 2. Offal. 3. Leaves, cuttings, trimmings from trees, shrubs and grass. 4. Inorganic refuse and rubbage; 5. Anything thrown away or abandoned as worthless; provided, however, that garbage shall not be defined so as to include hazardous waste, septage or industrial waste. E. "Joint Powers Authority": A public authority entered into by the District and one or more additional public agencies which exercises franchising and regulatory functions relating to garbage collection, transportation and disposal. F. "Hazardous Waste": A waste, or combination of wastes, which because of its quality, concentration, or physical, chem- ical, or infectious characteristics may either: 1. cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapac- itating reversible, illness; or 2. pose a substantial present or potential hazard to human heal th or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. This definition will include, but not be limited to, hazard- ous waste as defined by the State of California and its agencies, or the United States or its agencies. G. "Septage": Non-sewered liquid or semi-liquid waste which may be trucked to the District or other treatment facility for disposal, to include, but not limited to, waste from resi- dential septic tanks, commercial grease cleanouts, and industrial waste holding facilities. -2- H. "Industrial Waste": Non-sewered liquid waste and solid waste produced as by-products of industrial processes, or other refuse produced or accumulated as a result of industrial proces- ses, including waste produced by the District and other public enti ties as a resul t of treatment or other processes undertaken in providing public utility services. I. "Person": Every natural person, firm, co-partnership, association or corporation. (New provision) 8.04.010. Storage of garbage at point of origin. No person shall keep or dispose of garbage in a manner or upon any place which affords food or harborage for rodents or insects, or which causes a public nuisanc~ or public heal th hazard, or which is in violation of this chapter. (Ord. 45 S3, 1961: prior code S12-201) 8.04.020. Garbage to be placed in containers. Every person having charge or control of a place where garbage accumulates shall provide suitable and sufficient garbage con- tainers. (Ord. 45 S4, 1961: prior code S12-202) 8.04.030. Requirements for containers. A person having control of a place where garbage accumulates shall place the garbage in a container which: A. Is watertight, and made of galvanized metal, or of a material of equivalent quality such as heavy grade rubber or plastic; B. Is of not more than thirty-two gallons capacity; c. Has two adequate handles; D. Is covered continuously except when being filled or emptied; E. Is placed in locations accessible to the collector; F. Is kept clean by the users. (Ord. 45 S5, 1961: prior code S12-203) 8.04.040. Requirements as to containers not applicable to certain types of garbage. Garbage consisting of commercial, horticultural, construc- tion or other accumulations may be collected and disposed of without reference to the requirements of Section 8.04.030. Gar- -3- bage accumulated at mul ti-uni t residential facilities may be collected without reference to Section 8.04.030 A through C, so long as the al ternate collection containers are fireproof, water- tight and compatible with the Contractor's operations. (Ord. 45 S6, 1961: prior code S12-204) 8.04.050. Area where container kept to be clean. A person who has a garbage container shall keep the area where the garbage container is located clean and free from garbage. (Ord. 45 S7, 1961: prior code S12-205) 8.04.060. Frequency of garbage removal. Garbage shall be removed once each week or as often as required by the health officer. (Ord. 45 S8, 1961: prior code S12- 206) 8.04.070. Exceptions to application of Sections 8.04.010 through 8.04.060. Sections 8.04.010 through 8.04.060 do not apply to persons collecting: A. Dead animals, bones, or meat scraps for tallow plants; or B. Industrial wastes. (Ord. 45 S9, 1961; prior code S12- 207); or C. Septage; or D. Hazardous waste. 8.04.075. Keeping, burning or sewering of garbage. It shall be unlawful for any person to place, deposit, or keep any refuse on, in, or under any premises, except in containers as heretofore provided. These provisions shall not be interpreted to prevent com- posting of refuse in a manner which does not create a potential heal th hazard and which otherwise complies wi th all state and local regulatory provisions. -4- It shall be unlawful for any person to deposit any refuse in any District sewer or plumbing fixture or pipe connected thereto, except through an approved mechanical devise which shreds and grinds refuse. It shall also be unlawful to burn garbage, swill, animal remains, of aI, or fecal matter. (Ord. 45 S8, 1961: prior code S12-206 - new provision) 8.04.080. General requirements for hauling garbage. A. All garbage removed and conveyed on or along streets in the District shall be hauled in an all-metal, watertight bodied motor truck and conveyed in a manner so that the contents do not sift through or fall upon the streets and do not blow upon the streets or adjacent properties. B. The truck body, drop boxes, bins, or simi lar type equipment owned or leased by the Contractor, shall be constructed of metal of sufficient strength to withstand fire within, without endangering persons or property. The trucks, drop boxes, bins, or other similar types of equipment shall be kept neat and clean and in good repair. Said truck bodies shall be washed as often as necessary to keep them clean, but in no case less than once each week. The Contractor shall paint its name, permit number and telephone number on the side of each truck (in letters at least four (4) inches high) and each drop box, bin, or similar type equipment owned or leased by the Contractor. C. Each truck shall be equipped with a tarpaulin or other suitable covering which shall be drawn over the load completely covering same. Garbage in the truck shall be completely covered between points of collection and disposal. (Ord. 46 Sl, 1962: Ord. 45 S10, 1961: prior code Sl2-208) 8.04.090. Unlawful collection. The District, in order to more effectively promote and protect public heal th and safety and reduce the danger and hazards of fire, reserves unto itself the exclusive right to collect garbage as defined in this chapter, produced or found within the boundaries of the District, save and except for those areas in which a municipality has undertaken to collect or franchise the collection of garbage. (New provision) 8.04.095. District to collect garbage. A. The collection, removal and disposal of garbage may be performed by the District under the direction of the Board of -5- Directors, or by any person wi th whom the District has entered, or may enter, into a contract for the collection, removal or disposal thereof. The District may permit, by agreement with a Contractor, or otherwise, for the collection and disposal of garbage by a person other than the District or a Contractor. B. It is hereby declared unlawful for any person or enti ty, other than those persons and enti ties provided for in this section (8.04.095) to collect, remove, conveyor cause to be collected, removed or conveyed, any garbage from any location or upon or along any street or alley or any other public place in the District, without written permission as provided by the District Board, except as may otherwise be specifically provided for in this Code. C. The Contractor shall make available garbage collection service as provided for herein to all occupied premises and other garbage-generating entities within its service area. D. All occupied premises and other garbage-generating en- tities within the District shall be required to have the garbage collection service, as provided for by the District or a District authorized Contractor, provided, however, that a person or entity which itself generates garbage may collect, remove and dispose of such garbage provided such accumulation, collection, removal and disposal is done in a clean and sani tary manner in conformance wi th all provisions of this Code and other applicable laws and regu- lations. (New provision) 8.04.096. Right to sell valuable commodity. This chapter does not intend to affect or limit the right of any person to sell any valuable commodity to a person or entity other than the Contractor or the District, provided that the valuable commodi ty is separated at the source by the generator and the person purchasing the valuable commodity does not collect or dispose of other garbage. (New provision) 8.04.097. Salvage, recycling and waste to energy projects. The District shall be entitled to the right of salvage from any garbage collected pursuant to this Title within the District. The District may set up or participate in a curbside recycling project and/or may require a contractor to cooperate with the District in performance in such a project. The District may undertake a waste-to-energy project singularly or in conjunction with another public entity and may require the Contractor, as an element of that project, to deliver the garbage collected within the District to a waste-to-energy production site. (New pro- vision) -6- Chapter 8.08 RATES Sections: 8.08.010 8.08.020 8.08.030 Legislative findings and designation of geograph- ical areas Establishment of rates for garbage collection Hearing upon complaint based on unreasonable char- ges 8.08.010. Legislative findings and designation of geograph- ical areas. A. The Board finds that, because of the large size of the District, the diversity of geographical characteristics within its boundaries, and the concentration of population centers in specific and definable areas, a uniform rate for the collection and disposition of garbage which is fair and equitable to all resi- dences and businesses alike cannot be fixed. B. The Board finds that in order to provide fair and equitable rates the District boundaries shall be divided into zones, and likewise the Board may find that it is appropriate to divide the zones into subzones. C. The zones and subzones shall be designated by the Board and said zones and subzones may from time to time be al tered in the discretion of the Board as may be required by annexations or deannexations to the District or as otherwise may in the Board's discretion be determined necessary. D. The boundaries for the designated zones and subzones will be maintained and particularly described on 600 scale maps on file in the office of the Secretary of the District. E. The District will provide reasonable notice to the Contractor of changes in the zone and subzone boundaries, such notice shall comply in manner and form with any requirements set forth in a franchise agreement to the extent such requirements exist therein. 8.08.020. Establishmept of rates for garbage collection. The Board shall from time to time establish rates for the collection of garbage for each zone and subzone. The Board may undertake a review of the garbage rates at such times it may deem -7- appropriate or upon a request from a Contractor presented to the District in a manner consistent with any provisions within the franchise agreement relating to applications for rate setting. The Board shall adopt garbage rates by resolution and thereafter a copy of the rates shall be maintained in the District offices and be made generally available to the public. The Board may require a noticed public hearing prior to the adoption of new rates. (Ord. 111 Sl, 1975: Ord. 108 SI, 1975: Ord. 107 Sl, 1975: Ord. 106 SI, 1975: Ord. 104 SI, 1975: Ord. 100 (part), 1974; Ord. 98 SI, 1974; Ord. 96, 1974; Ord. 90, 1973: Ord. 88, 1973: Ord. 85, 1972: Ord. 83, 1971: Ord. 77, 1971: Ord. 76, 1971; Ord. 74, 1971: Ord. 70, 1968: Ord. 66A, 1967: Ord. 66, 1967: Ord. 56, 1965: Ord. 54, 1964: Ord. 46 (part), 1962; Ord. 45 (part), 1961; prior code S12- 502) 8.08.030. Hearing upon complaint by customer. A customer who complains that the level of service, charges or performance of service is unreasonable or lacking shall file a written complaint with the Board or a person designated by the Board, setting forth the facts of the complaint. The Secretary for the Board, or other person designated by the Board, shall notify the person alleging the complaint and shall investigate the matter of the complaint. The person designated by the Board shall present a report to the Board if the matter cannot be satisfactorily resolved administratively, and the Board may in its discretion order a hearing regarding the complaint, or take such other action as the Board deems appropriate. In the event the District Board of Directors determines to have a hearing in regard to the complaint, the hearing shall be scheduled at such time as to allow the District Secretary to provide the complainant and the col- lector with adequate notice of the hearing. -8- Sections: 8.12.010 8.12.020 8.12.030 8.12.040 8.12.050 8.12.060 8.12.070 8.12.080 Chapter 8.12 EXCLUSIVE FRANCHISES Exclusive franchise Contractor to furnish bonds and insurance Exclusive right of contractor to collect and dis- pose of garbage Revocation of exclusive contract Board shall hold a hearing before revocation Franchise fee Compliance with federal, state and local laws Maintenance of records 8.12.010. Exclusive franchise. The Board may determine that the District will not itself collect and dispose of garbage which accumulates wi thin the District. The District may enter into an exclusive contract, or may enter into exclusive contracts covering specified geograph- ical service areas to provide for the uniform and speedy collection and disposal of garbage. In the event of a public emergency or the early termination of an exclusive contract for the collection and disposal of garbage, the Board retains the right to take all appropriate action to ensure the collection and disposal of garbage which accumulates within the District, including, but not limited to, the direct undertaking by the District to collect and dispose of said garbage. 8.12.020. Contractor to furnish bonds and insurance. The Contractor shall furnish a bond in the amount of $50,000, or more, as determined by the District and provided for in any franchise agreement entered into by the District, in favor of the District, conditioned upon the faithful performance by the Con- tractor of the duties imposed by ordinance, contract and rules and regulations of the District. The Contractor shall maintain and continue in force during the full term of any franchise, public liability insurance, property damage insurance and worker's compensation insurance in amounts as from time to time may be set by the District Board of Directors, or in such manner as provided for in the franchise agreement. -9- Such insurance shall be obtained from a company or companies licensed to do business in the State of California and acceptable to the District. The District shall be named as an additional insured on the public liability and property damage policies and each policy, including worker's compensation, 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 at any time the Contractor al ters a policy or changes carriers. 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. In addition, the Contractor shall also furnish such other insurance as the Board may require and as may be set forth in the franchise agreement. 8.12.030. Exclusive right of Contractor to collect and dis- pose of garbage. Contractor shall collect, convey and dispose of all garbage accumulated in the geographical service area specified in the contract. No person other than the Contractor may collect, convey over the streets in the District, or dispose of garbage accumulated in the area specified in the exclusive contract, except as provided for under the terms of this Ti tIe, the directives of the Board, and the contract agreement. (Ord. 45 S13, 1961: prior code S12-303 - new provision) 8.12.040. Revocation of the exclusive contract. The District may revoke an exclusive contract entered into under this Chapter if, in the determination of the District Board, the Contractor has violated the contract in a manner so as to constitute a material breach of the contract, or has violated provision of this Title or other rule or regulation of the District. In the event of termination prior to the natural expiration of the term of the contract, the District shall have the right to temporarily assume the obligations of the Contractor and shall therefore have the right to forthwi th take possession of all trucks and other equipment of the Contractor and exercise the Con- tractor's right to enter and use any disposal facility for the purpose of performing the services agreed to be performed by the Contractor until such time as the District can make other arrange- -10- ments for the performance of said services. Such a temporary assumption of Contractor's obligations shall not be continued by the District for a period exceeding twelve (12) months from the date such operations are undertaken by the District. Such other terms of takeover and operation of the garbage collection services by the District shall be as set forth in the existing franchise agreement to the extent provided for therein. All other terms of operation shall be negotiated between the Contractor and the District. All parties to a franchise shall be required to make good faith efforts in regards to the negotiation of terms as may be needed for the efficient carrying out of the garbage collection operations by the District. (New provision) 8.12.050. Board shall hold a hearing before revocation. Before revoking an exclusive contract under Section 8.12.040, the Board shall hold a hearing on the question of revoca- tion and give the Contractor at least twenty (20) days' notice of the hearing. If after the hearing the Board finds that the Contractor has violated (a) the contract (by way of material breach, (b) this Title, or (c) other rule or regulation of the District applicable to the Contractor, the Board may revoke the contract. Nothing in this section shall be interpreted to be in conflict with additional terms, if any, included in a franchise agreement with the Contractor. (Ord. 46 S2, 1962: Ord. 45 S15, 1961: prior code S12-305 - new provision) 8.12.060. Franchise fee. The District may require in exchange for granting of an exclusive franchise a fee from the Contractor which shall be fixed by the District. The annual franchise fee shall be fixed by the District at an amount which, at minimum, is reasonably calculated to reimburse the District for its direct costs in administering the franchise. This fee shall include, but not be limited to, outside professional fees incurred by the District in addition to a reasonable allowance for overhead of the District as said overhead relates to garbage franchising. Said fee shall initially be set by District staff with approval of the District Board. In subsequent years District staff may give notice of such fee so long as said fee does not reflect a change in amount. Board approval shall be required for refixing of the franchise fee in a greater or a lesser amount than theretofore assessed. Said fee shall be collected on a yearly basis wi thin thirty (30) days of the -11- initiation of the District's new fiscal year, or thirty (30) days after the District gives notice to the Contractor, whichever date is later. 8.12.070. Compliance with federal, state and local laws. The Contractor shall comply with all applicable ordinances, rules and regulations that are now in effect 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 authorized to regulate the services to be performed herein regarding the collection, removal and disposal of garbage. Contractor shall further comply with all applicable ordinances, rules and regulations that are promulgated by federal, state or local governments in regard to the identification and handling of hazardous wastes. (New provision) 8.12.080. Maintenance of records. It shall be the duty of the Contractor to maintain a proper set of books and records in accordance with generally accepted accounting principles which accurately reflect the business done by the Contractor under an exclusive franchise agreement with the District. The Contractor may be required to provide such financial records~re set forth in this Title and in the exclusive franchise contract. Failure of the Contractor to provide such records as may be required under this Title or in the franchise contract shall constitute grounds for termination of the franchise contract. Presentation to the District of falsified or intentionally misleading records in regard to the Contractor's business opera- tions shall constitute a crime, a misdemeanor. The Contractor and any other principal to the presentation of the false or inten- tionally misleading business records shall be subject to prosecu- tion hereunder. This misdemeanor violation of the Code shall not be the exclusive remedy, and nothing in this section shall prevent the District from seeking other civil and criminal remedies as may be available under the laws of the State of California and this Code. (New provision) -12- Chapter 8.16 NONEXCLUSIVE FRANCHISES Sections: 8.16.010 8.16.020 8.16.030 8.16.040 8.16.050 Alternate procedure Application for license Issuance and duration of license License nonexclusive Suspension or revocation of license 8.16.010. Alternate procedure. If the Board has not granted an exclusive franchise under Chapter 8.12, or if an exclusive franchise ceases to exist, the Board may elect to make the collection and disposal of garbage nonexclusive within a geographical service area and may grant licenses in the manner provided in this Chapter. (Ord. 46 S4 (part), 1962: Ord. 45 S26, 1961: prior code S12-401) 8.16.020. Application for license. An applicant for a nonexclusive license shall apply in writing to the District on forms provided by the District. (Ord. 46 S4 (part), 1962: Ord. 45 S27, 1961: prior code S12-402) 8.16.030. Issuance and duration of license. If the Board determines that the applicant is able to comply wi th this Chapter and the rules and regulations adopted under this Chapter, the Board may issue a license to the applicant for the conduct of the garbage collection and disposal service within the service area for which the license is requested. The license gives the licensee the privilege of collecting and disposing of garbage in the area specified for the period prescribed by the Board. (Ord. 46 S4 (part), 1962: Ord. 45 S28, 1961: prior code S12-403) 8.16.040. License nonexclusive. The license issued under this Chapter is nonexclusive and does not confer upon the licensee any exclusive right or privilege. The Board may at any time terminate the license and grant an exclusive franchise as provided by Chapter 8.12. (Ord. 46 S4 (part), 1962: Ord. 45 S29, 1961: prior code S12-404) -13- 8.16.050. Suspension or revocation of license. The Board may revoke or suspend a license if the licensee violates the license, this Chapter or a rule or regulation of the District. Before revoking or suspending a license, the Board shall hold a hearing and give the licensee at least twenty (20) days' notice of the hearing. If, after the hearing, the Board finds that the licensee has violated the license, this Title or other reg- ulation of the District, the Board may revoke the license or may suspend it upon such conditions as it considers just. Nothing in this Section shall be interpreted to be in conflict with additional terms, if any, contained in the license agreement concerned. 405) (Ord. 46 S4 (part), 1962: Ord. 45 S30, 1961: prior code S12- -14- Chapter 8.18 JOINT POWERS AUTHORITY Sections 8.18.005 8.18.010 Formation of Joint Powers Authority Powers of the Joint Powers Authority 8.18.005 Formation of Joint Powers Authority. The District Board may determine that it is in the best interests of the District and the rate payers within the District to enter into a Joint Powers Authority with one or more other public entities formed for the purpose of providing adequate garbage collection, transportation and disposal service for per- sons wi thin the District and the adjoining communi ties. The District may enter into a Joint Powers Authori ty Agreement wi th one or more other entities as the Board in its discretion may deem appropriate and is otherwise authorized by the laws of the State of California. 8.18.010 Powers of the Joint Powers Authority. A Joint Powers Authority entered into by the District under the terms of this Chapter shall include all authority and powers as provided for under California law and shall include, but not be limited to, those powers authorized under Title 8 of this Code as well as the authority to engage in collection, transportation, disposal, waste-to-energy production, recycling, and salvage to the extent the District itself has authority and power to perform such functions. -15-