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HomeMy WebLinkAboutAGENDA BACKUP 12-03-87 . Centra. ';ontra Costa Sanitary .Jistrict BOARD OF DIRECTORS PAGE 1 OF 56 POSITION PAPER BOARD MEETING OF Decembe r 3, 1987 NO. III. HEARINGS 1 SUBJECT CONDUCT A PUBLIC HEARING TO CONSIDER THE REQUEST FOR APPROV AL OF THE ASSIGNMENT OF THE ffiREEMENT FOR COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE (FRANQUSE ffiREEMENT) WITH VALLEY DISPOSAL SERVICE, INC. TO SAWDCO, A SUBSIDIARY OF WASTE MANAGEMENT, INC. DATE November 30, 1987 TYPE OF ACTION CONDUCT PUBL IC HEARING SUBMITTED BY INITIATING DEPT.lDIV. Paul Morsen, Deputy General Manager Administrative ISSUE: Valley Disposal Service, Inc. has requested the consent of the District to the assignment of its refuse collection franchise agreement to a subsidiary of Waste Management, Inc. BACKGROUND: On November 19, 1987, the Board of Directors was provided information related to a request for consent to the assignment of the franchise agreement with Valley Disposal Service, Inc. to Sacramento Area Waste Disposal Company (SAWDCO), a subsi di ary of Waste Management, Inc. SAWDCO pl ans to acqui re Vall ey Di sposal Service (with the exception of certain excl uded assets and 1 iabil ities) under an Agreement and Pl an of Reorganizati on. A conditi on of the Agreement and Pl an of Reorganization is the approval of the franchising public entities to the assignment of their respective franchise agreements. It is the understanding of staff that the City of San Ramon has approved the assignment, and that the City of Walnut Creek is scheduled to decide on the matter December 1, 1987. The information provided to the Board on November 19, 1987, was comprised of responses to questions intended to obtain a level of knowledge of SAWDCO and the effects of the acquisition on service levels and operations, assurance of understanding by SAWDCO of the provisions of the District's franchise agreement, and a copy of the Agreement and Pl an of Reorganizati on. Al so, a Publ ic Heari ng was scheduled for December 3, 1987. Following the November 19, 1987 Board Meeting, District staff proceeded to complete its review of the requested assignment by obtaining the information described below. Clarification of Information Provided on November 19, 1987 A meeting was held on November 20, 1987, with the management of Valley Disposal Service and their attorney, Sanford Skaggs, to request clarification of certain responses and to obtain additional information. The District staff requests for clarification and information are shown in Attachment I and are referenced to the three separate attachments to the November 19, 1987 Position Paper, i.e., Information on SAWDCO and its Acquisition of Valley Disposal Service, Inc.; Responses on May 1, 1986, Franchise Agreement Provisions; and Agreement and Plan of Reorganization. Clarification and additional information provided by SAWDCO are presented on Attachment II. In its review of this information, staff notes that the concerns REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-985 PM SUBJECT CONDUCT A PUBLIC HEARING TO CONSIDER THE REQUEST FOR APPROV AL OF THE ASSIGNMENT OF THE AGREEMENT FOR COLLECTION, REMOV AL, AND DISPOSAL OF GARBAGE (FRANQnSE AGREEMENT) WITH VALLEY DISPOSAL SERVICE, INC. TO SAWDCO, A SUBSIDIARY OF WASTE MANAGEMENT, INC. POSITION PAPER PAGE 2 DATE November 30, 1987 OF 56 listed in Attachment I, page 3, "Representations and Warranties" (Schedule K), have not been addressed. The Board of Directors may wish to query the SAWDCO representative(s) during the Board Meeting. Survey of Other Cal iforni a Publ ic Entiti es for Wh ich Waste Management, Inc., Subsidiaries Provide Refuse Collection Services Waste Management, Inc. subsidiaries provide refuse collection services for forty-seven publ ic entity jurisdictions in Cal ifornia. The City of Walnut Creek conducted a survey of a number of these jurisdictions to determine the level of satisfaction with the services and to obtain an assessment of the general qual ity of the refuse coll ecti on operati on. Di strict staff surveyed a number of other jurisdictions and incorporated the results with Walnut Creek's survey. The results, which are generally favorable, are presented in Attachment III. District Counsel Assessment of Legal Suits Against Waste Management, Inc. District Counsel's report on the criminal investigations by federal agencies involving Waste Management, Inc., which includes pending lawsuits by District Attorneys in California and Florida, is provided in Attachment IV. Written Correspondence Written correspondence received to-date i ncl udi ng 1 etters from the citi es of Danville and Lafayette are provided in Attachment V. Notices of the public hearing were published in the customary publications. RECOMMENDATION: Conduct a public hearing to receive public comment on the request for approval of the assignment of the Agreement for Collection, Removal, and Disposal of Garbage (franchise agreement) with Valley Disposal Service, Inc. to SAWDCO, a subsidiary of Waste Management, Inc. and determine whether such assignment should be approved. Note: Su..ary of Attachllents I. Additional Staff Concerns Posed to Valley Disposal Servicel SAWDCO/Waste Management Response from SAWDCO Survey of Other Jurisdictions Served by Waste Management. Inc. Subsidiaries Response from District Counsel Written Correspondence II. III. IV. v. --------- 13028-9/85 Question 1.e 3.a 3.d & 4 10.b 10.e 10.g 10.h 10.m Attachment I Page 1 of 3 pages INFORMATION ON SAWDCO. A SlESIDIARY OF WASTE MANAGEMENT. INC., AND ITS ACQUISITION OF VALLEY DISPOSAL SERVICE. INC. Clarification Requested The response indicates that SAWDCO intends to acquire certain assets of Valley Disposal Service (VDS), and that Valley Disposal Service will remain intact as a separate corporation at the discretion of its stockholders. This seems to conflict with the Agreement and Plan of Reorganization (pages 1-2) which states that Waste Management. Inc. (WMI) shares of common stock will be distributed to Valley Disposal Service's shareholders in complete liquidation of VDS and that VDS will dissolve. If VDS is dissolved. who will own the shares in Acme Fill Corporation? A list of employees of other WMI subsidiaries who maintain residences in Contra Costa County is yet to be provided. If SAWDCO conducts business in Sacramento, Yolo, Solano, and San Joaquin Counties but holds only one collection franchise in the City of West Sacramento, what is the nature of its other business? Expound more fully on the statement that the 95 percent operating ratio is not acceptable. Explain more fully the statement that SAWDCO does not accept the rates set in 1987 unless they compensate for all costs. Affirm that separate audited financial statements will continue to be provided for the VDS operations after transfer of ownership to SAWDCO. The two percent Corporate Service and Development Fee and the two percent Management Fee are for services which are provided at the corporate and division level, respectively, which seem duplicative. Exp 1 a in. The response ''We accept" to the query whether WMI accepts that the District is not a publ ic entity which is statutorily created as a rate-making body is in conflict with the negative response indicated in Section 6--Rates. Attachment I Page 2 of 3 pages RESPONSES ON MAY 1, 1986 FRANC-USE AGREEMENT PROVISIONS Provide explanation of each of the following franchise agreement questions which were responded to with a negative response, indicating a lack of understanding, or for which comment requested was not provided: Section 6. Rates: Does SAWDCO understand that the Di strict takes the positi on that it may 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 to be unreasonable? Does SAWDCO further understand the District is not a publ ic 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 procedures or standards applicable to a sanitary district for the purpose of setting garbage rates? Section 16. Legal L i abil ity: Does SAWDCO, through its purchase agreement of Valley Disposal, intend to accept all potential liabilities of Valley Disposal Service covered by this paragraph from the date of purchase? Please comment as to the respective duties of SAWDCO and Valley Disposal for a claim which arises from an incident occurring prior to the consummation of the sale, however, such claim gives rise to litigation commenced or continuing after the consummation of the sale. Secti on 21. Assignability of Agreement: Does SAWDCO understand that there is currently under consideration the creation of a joint power authority within Central Contra Costa County to deal with solid waste management and such joint power authority may be assigned the rights and obl igations of the District provided for in this franchise agreement? Section 27. Disposal of Garbage: Does SAWDCO have preliminary plans as to the site for disposal of garbage subsequent to the closure of Acme Fill? Section 30. Affiliated Entities: Does SAWDCO further understand that during the 1987 rate fixing process, the District Board made a determination that Acme Fill is an "affil iated entity" as defined by this paragraph fro purposes of determi ni ng the reasonabl eness of di sposal costs incurred by Valley Disposal? Attachment I Page 3 of 3 pages AGREEMENT AND PLAN OF REORGANIZATION Schedule Schedul e Subj ect D Assumed Contracts E Excluded Assets I Employment Agreement K Representations and Warranties Information Requested Item 6 describes an employment letter between VDS and James Landa dated September 3, 1987. Who is James Landa and what is his position? Which worker's compensation refund from Industrial Indemnity is contempl ated as not being reflected on the Closing Balance Sheet? Will Industrial Indemnity continue as the carrier of this coverage after the acquisition? Provide the salary amounts deleted from each of the three employment contracts. For Clause 6 d, what will determine the date in 1988 after which termination without cause may occur by either party giving the other thirty days notice? Describe the free service provided in the Cities of Danville and Lafayette. Has Valley Disposal Service paid the $3.69 per cubic yard rate for disposal at Acme Fill since the implementation of the $5.84 per cubic yard rate by Acme? What is the status of the claimed right of first refusal by Acme Fi 11 stockhol ders before Valley Disposal Service can transfer the Acme shares or underlying businesses to another party? Attachment II Page 1 of 10 Pages IQ \eI Waste Management ot . _ Jrth America, Inc. Western Region 18400 Von Karman Avenue Suite 650 Irvine, California 92715 714/474-2311 November 30, 1987 Mr. Paul Morsen central contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 consent to Assignment of Valley Disposal Service, Inc. Franchise Agreement Dear Mr. Morsen: This letter is submitted in response to questions posed at a meeting between representatives of Central Contra Costa Sanitary District (CCCSD) and of Valley Disposal Service, Inc. (Valley) on November 20, 1987. We understand that the meeting was called to follow up on the responses to your letter of October 12, 1987 seeking certain information concerning SAWDCO and its parent Waste Management, Inc. (Hereafter, SAWDCO and Waste Management, Inc. are sometimes collectively referred to as wWMlw.) This letter should be considered as a supplement to the responses delivered by letter to you dated November 10, 1987. The references below to attachments and questions are keyed to those enclosed with your letter of October 12, 1987. Preliminarily, we wish to emphasize that WMI understands that it is stepping into the shoes of Valley and is subject to all of the terms and provisions of the franchise agreement. WMI is not asking that CCCSD amend or modify the franchise agreement-o[ change any of its procedures before WMI accepts the assignment of the franchise agreement. The questions posed have elicited WMI'S concerns about various provisions, procedures and methodologies but WMI recognizes that CCCSD'S consent to the assignment is not an agreement to change any of these provisions, procedures or methodologies. Attachment I Question lee). CCCSD staff perceived a conflict between our response to this question and the Agreement and Plan of Reorganization dated September 15, 1987 between Waste Management, Inc., SAWDCO and Valley Disposal Services, Inc. (Wpurchase AgreementW). The following is offered to clarify our response. The transaction between WMI and Valley is structured to qualify as a tax free reorganization for the benefit of Valley. Section 7(b) of the Purchase Agreement is ~ ~ Attachment II Page 2 of 10 Pages Mr. Paul Morsen central Contra Costa Sanitary District November 30, 1987 Page 2 a covenant or promise by Valley to promptly liquidate and dissolve as a corporation after completion of the sale. Valley intends to do so. Question 2(c). We have been advised that the shares of Acme Fill Corporation now owned by Valley will remain with Valley which will either sell such shares to a third party or distribute them to Valley's shareholders as part of the liquidation of Valley. Question 3(a). and employees of SAWDCO Contra Costa County has cover. The list of officers; directors or its affiliates who reside within been provided to you under separate Questions 3(d) and 4. You have asked for a further explanation of SAWDCO's business. As stated in our prior answer, SAWDCO has only one exclusive solid waste collection franchise. It also does business in Sacramento, YOlo, Solano and San Joaquin counties through operating divisions located in Sacramento and Stockton. In those locales SAWDCO conducts an unregulated solid waste collection business. Questions lO(b) and (e). WMI is willing to accept the assignment of the franchise agreement understanding that the Board often uses a 95% operating ratio in setting collection rates. (See answers to lOCal and (c).) WMI understands that during negotiations of the franchise agreement, CCCSD'S representatives refused to include specific language setting out a rate setting procedure and that the only limitation on rate setting contained in the franchise agreement is that -the rates fixed shall be in conformity with applicable law.- (para. 6.) While WMI acknowledges the historical use of the operating ratio approach, it believes that approach provides an economic disincentive to the franchisee which is detrimental to its customers and shareholders. WMI hopes to convince CCCSD that a different rate setting method should be used. WMI anticipates that by working together the current methodology can be improved. WMI is not acquiring the franchise with the intent of challenging the authority or practices of CCCSD. WMI understands that the franchise agreement creates contractual obligations and intends to honor them. However, these responses should not be construed as a waiver of any rights which Valley may now have, or which WMI may have in the future, to challenge actions by CCCSD which are believed to be unlawful. ~ ~ Attachment II Page 3 of 10 Pages Mr. Paul Morsen Central Contra Costa Sanitary District November 30, 1987 Page 3 Question 10(g). Our prior answer inadvertently deleted the word -audited.- WMI recognizes that the franchise agreement provides for audited financial statements of the operations conducted under the franchise. (Franchise Agreement, para. 7.) WMI will comply with all requirements of the franchise, including this one, unless and until CCCSD and WMI agree to amend the agreement. Question lOCh). You have asked about the apparent duplication of services provided by corporate headquarters and regional headquarters as described in our answer to this question. The services provided are complimentary, not duplicative. For example, some financial and accounting services are provided from corporate headquarters while other such services are provided by regional and district staff. WMI is confident that it will be able to demonstrate, at the next rate setting, that these fees represent value received and result in corresponding reduction of expenses at the operating division (Valley) level. WMI acknowledges that consent to the assignment does not constitute approval of these fees by CCCSD. Question 10(m). staff noted a conflict between our answer to this question and our responses to question 6 in Attachment II. The answer to this question is correct and the responses to the latter question will be amended to eliminate the conflict (see, infra.). It was asked what proposal we might make with regard to an improvement of the rate setting process. While we have not considered this matter in detail, our current thoughts are set forth in our answer to question 10(k). In addition, CCCSD might consider setting rates for more than 1 year with an appropriate automatic annual adjustment relating to a cost-of-living index. All of the above are simply topics for discussion. We believe that the franchisee, CCCSD and the customer might benefit from an exploration of methods used elsewhere. Attachment II Question 6. Our responses to the two questions posed should be changed to the affirmative. After reading the questions we now understand that they state CCCSD's positions on these subjects. This is not to be construed as an admission or agreement that the District's position is correct. ~ ~ Attachment II Page 4 of 10 Pages Mr. Paul Morsen Central Contra costa Sanitary District November 30, 1987 page 4 Question 16. affirmative. The response should be changed to the Attachment II, at p. 13, also asked for our comment was to the respective duties of SAWDCO and Valley for a claim which arises from an incident occurring prior to the consummation of the sale, however, such claim gives rise to litigation commenced or continuing after the consummation of the sale.w Our response: WMI will assume only the liabilities set forth in paragraph 2(a) through (d). Liability arising from the hypothetical claim described is not included. Thus, the liability for such would remain with Valley and its insurers, assuming that such hypothetical claim was not disclosed in a schedule to the agreement (See, Purchase Agreement, section 2(d) and Schedule G, (11).) However, to the extent that CCCSD was involved in such a hypothetical claim, WMI would be responsible for any duty under the franchise agreement to indemnify or defend CCCSD with regard to such claim since section 2(a) operates without regard to the time of occurrence or time of claim. Under such circumstances, WMI may also have recourse against Valley, its insurers and the owners of Valley pursuant to Section 15 of the Purchase Agreement. Question 21. Our negative response should be changed to the affirmative. We now understand that such matters are currently under consideration by certain unnamed entities or persons although we have no first hand knowledge of such. Question 27. Although SAWDCO does not have preliminary plans as to disposal of garbage after closure of Acme Fill, it and its affiliates are investigating a number of possibilities which include use of WMI's Altamont or Kirby Canyon landfills or the establishment of a new landfill in Contra Costa County. Of course, other possibilities include the two sites in eastern Contra Costa County which have recently been the subject of hearings before the Board of Supervisors which has tenatively indicated that it will issue the necessary entitlements for use of such sites as landfills. (See also our answer to question 10 of Attachment I.) WMI intends to comply with all provisions of the franchise agreement including paragraph 27. Question 30. Our ne9ative response to the first question should be changed to the affirmative. However, following consummation of the Purchase Agreement, Acme Fill corporation will not be an affiliated entity as to SAWDCO. ~ ~ Attachment II Page 5 of 10 Pages Mr. paul Morsen Central Contra costa Sanitary District November 30, 1987 Page 5 Agreement and plan of Reorganization The following information is in response to questions raised by CCCSD staff which relate to the Agreement and Plan of Reorganization (the -purchase Agreement-). For convenience, these responses are numbered sequentially. 1. Staff asked for additional information regarding the letter agreements referenced as items 6 and 7 of Schedule D. Item number 6 is an employment agreement between Valley and James E. Landa, who assumed the position of controller of the company after the resignation of Mike Reavell. Item number 7 is an employment agreement between Valley and David Arnston who is the company's computer programmer. 2. Valley has purchased new computer hardware to be used for billing. The new system is manufactured by convergent Technology. Current plans are to maintain Valley's billing practices. Valley will be provided with personal computers which will be connected to the WMI network for transmission of financial information. 3. Staff inquired regarding item 4 of Schedule E. The parties' intention is to exclude from the sale workers' compensation insurance refunds attributable to premiums paid before the closing of the sale. subsequent to execution of the agreement, Valley has been informed that no refund will be paid for the year ending 6/30/86. CCCSD staff has been provided with a letter from the insurer comfirming this. This agreement between the parties to the Purchase Agreement is not binding on CCCSD which is not a party to the agreement. 4. Staff inquired about item 2 of Schedule E with particular reference to the retention by Valley of claims against -any political subdivision or agency- of the state. It is acknowledged that this exclusion could be construed to include claims against CCCSD. In particular staff was concerned with regard to a potential claim arising from the last rate setting. counsel for the District expressed concern that the District might be subjected to two separate lawsuits regarding this claim. All of valley's right, title and interest under its franchise agreement with CCCSD is being conveyed to WMI IQ \eJ Attachment II Page 6 of 10 Pages Mr. Paul Morsen Central contra Costa Sanitary District November 30, 1987 Page 6 (paragraph l(a)(vi)). The parties interpret this to include any claim against CCCSD arising from the Franchise Agreement or Valley's questions thereunder. Thus, after completion of the sale, Valley will not retain any claim against CCCSD. 5. Inquiry was made with regard to the salaries of Fran Fiorentino, Anne Grodin and Marshall Grodin under the employment agreements attached as Schedule I to the Purchase Agreement. The agreement for Mrs. Fiorentino provides that she will become a part-time employee effective January 1, 1988 and that her salary will be reduced to $24,000 per year at that time. The agreements for Anne and Marshall Grodin provide for a salary equal to that disclosed to CCCSD during the last rate review. In paragraph 6(d) of each of the employment agreements there is an incomplete date. The intention is that when the contracts are signed a date will be inserted which is one year from the date of closing of the sale of the assets. Additional Questions Subsequent to the meeting, you inquired as to the effect of the sale on the collection of newspapers within Valley's franchise territory. You observed that currently there were volunteer organizations who collected newspapers from residences and who placed and serviced receptacles for newspapers in various locations in Valley's service territory. You also observed that Pleasant Hill Bay Shore Disposal maintained such receptacles within Valley's service territory. You inquired whether there would be any change resulting from the transfer of Valley's assets to WMI. We note first that .whether a particular garbage collection activity is regulated by [the Franchise Agreement] or not, is within the sole determination of the District.w (Franchise Agreement, paragraph 3.) If the District desires to alter the current pattern of recycling, WMI is prepared to proceed in accordance with paragraph 24 of the franchise agreement or to enter into discussions with the District regarding an amendment of franchise agreement in a manner which is mutually agreeable. ~ Mr. Paul Mor.en ,~, Central Contra COlta Sanitary n1atrict \~J November 30, 1987 ~ 'age 7 Attachment II Page 7 of 10 Pages If you have additional qu..tion. or need further information or explanation, ple... contact Marshall Grodin or Sanford Ska;;. who are re.pon.ibl. for a..emblin; the information reqUired by CCCSD. They and representative. of WMI will be prl.ent at the Boar~ meeting on December 3, 1987. Very truly yours, wa.t. Management, Inc. Waate Management of North America, Inc. SAWOCO By Valley nt.po..l Service By /~~C ~ Marahall ~roc.un aeneral Manager co: !Cent A1m IQ \eJ Attachment II Page 8 of 10 Pages Waste Management of North America, Inc. Northern California District 2099 Gateway Place' San Jose, California 95110 Suite 200 . 408/295-8544 November 24, 1987 Mr. Paul Morsen Deputy General Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553 Re: Attachment I. Question 3a. 04 Information on SAW D C 0 Dear Sirs: Please find below a list of the names and addresses of officers, directors or employees of Waste Management, Inc. who retain residences within Contra Costa County. Titles of officers are indicated on this list. Chemical Waste Management, Inc. employees with residences in Contra Costa County: 1. Dorthia Andrews 1829 Marlesta Court Pinole, California 94563 2. Jerome Kruszka Vice President - Western Region 2048 pin Oak Place Danville, California 94526 3. William Shulha 705 Liquid Amber Place Danville, California 94526 Waste Management of North America, Inc. employees with residences in Contra Costa County: 4. John Slocum Vice President - Northern California District 6955 Corte Antonio Pleasanton, California 94566 Oakland Scavenger Company employees with residences in Contra Costa County: 5. Gino Cerruti 84 Stowbridge Court Danville, California 94525 IQ \.AJl""Lage 2 ~;ovember 24, 1987 Attachment II Page 9 of 10 Pages 6. John Cosso Treasurer 21 Cosso Court Lafayette, California 94549 7. James Damele 15 Yucca Court San Ramon, California 94583 8. Raymond Damele Secretary 1879 Piedras Circle Danville, California 94526 9. Corina Ellis 1369 Monterey Street Richmond, California 94804 10. Paul Giovacchini 2822 Miranda Drive Alamo, California 94507 11. Lisa Olivieri 9085 Alcosta Boulevard, # 401 San Ramon, California 94583 12. Mecia Padilla 6942 Darian Court Dublin, California 94568 13. Pete Perata 50 Cora Court Walnut Creek, California 94598 14. Donald Pioletti 730 Morninghome Drive Danville, California 94526 15. Jack Ravazza 3678 Crescent Drive Layfayette, California 94549 16. Vincent Rusca 60 Cherry Way Walnut Creek, California 94596 17. John Sheahan 3308 McKean Drive Concord, California 94518 IQ \.AJl"'Lage 3 ~~ovember 24, 1987 Attachment II Page 10 of 10 Pages 18. Pam Sims 1513 Chanslor Street Richmond, California 94801 19. Joseph Vallerga 2842 Calais Drive San Ramon, California 94538 I hope that this list will satisfy your needs. If you should have any further questions, please call. Sincerely, p~~' Gino Scopesi vice President, SAWDCO GS/gkc cc: Tom Blackman Marshall Grodin Dave Kelly VI <II 0> ..... .., ..... Co ..... ..,. .... e::..... <110 E .c::...... u ..,<11 .... 0> ......, <eo.. en w .... !i .... Q .... en ~ ,~ W.... ....~ ...... ~Q n ~~ ;i8 ;1 :1 ~>- ....a:l ~I ffi~ g l!s t; I UI ; L.~ Q)..c .c::O ....... Oll. Q) " ClQ)L. L. .... U 1U1Ue:: ...Ia::..... 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'" = ... .. ... ~ ... ... . 0 e . ~ ~ ~ S . . ~ ~. 0 ..... ~ ~ ~!J .. s .. ~ S S ..... ~ ~ ~ ~ ~ .. .. >- .a w ~ >- e::: " 13 => (/) t: .. ftl .. . .. .. ~ .. .. .. .. .. ~ ... .. ~ ... Q lI: .. l. . .. ... on .. t) . .. 11 .. .. .. .. .. :: ~ 1: ... l!i .. ... s .. i .. .,., .,., .. .,., .. .,1 ~ ... ~ ~ 18 .. ~ .,., ~ ~ . :; g: il .; " ~ .. ~ .; ,: .. .. .,:; ... .. ,.; 15 B ~ .. K I l!I ~t I fii ~ Ii ,n; ~ Q~ 8 ~5E i ~- !n ~~ j ~ d ..Qo . Attachment IV Page 1 of 11 "RUDD SELLAR A. J. ENGLEKlNG 11924-19811 "JAMES L. HAZARD "MARTIN T. SNYDER JOHN KELLY JAMESV.FITZGE~D,m RICHARD M. MCNEELY SELLAR, HAzARD, SNYDER, KELLY & FITzGERALD' A LAw PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 1111 OVIC DRIVE, sum 300 POST OFFlCE BOX 3510 WALNlJI' CREEK, CA1JJORNIA 94596 TELEPHONE 1415) 938-1430 November 30, 1987 'TIMOTIIY P. HOAGLAND KENTON L. ALM STEPHANIE GRAY MARK CORNELRJS RlJIH L. CARVER CURns S. KIDDER ROBERT B. HUNTER, n "PROFESSIONAL CORPORATION OF COUNSEL RONALD W. DOLL John Clausen, President and Board Members Board of Directors Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Re: Summary of Criminal Litigation concerning Waste Manage- ment of North America, Inc. and Subsidiaries Dear President and Board Members: Summarv It appears that Waste Management, Inc. and its subsidiaries have been involved in a number of anti trust or fair trade violations on a nationwide basis. It has been suggested that the nature of the non-franchised garbage collection business admirably lends itself to market allocation schemes which are a violation of fair trade laws. Therefore, the existence of criminal cases pending against Waste Management, Inc.'s sub- sidiaries arguably is more a statement as to the nature of the industry than a viable indictment of Waste Management, Inc. 's business ethics. None of the antitrust matters brought to our attention have occurred in a franchised collec- tion setting. As pointed out by one of the U. S . attorneys contacted, the use of an exclusive franchise creates a legal monopoly which, by its very nature, is not subject to anti- trust violations. However, the potential for other varieties of illegal conduct does exist in the franchise setting and generally would relate to corruption in the acquisi tion of franchise rights. The only matters which have come to our attention apparently relating to corrupt practices in a munic- ipal contract setting are the Horak and Akers matters discussed below. One view of the facts presented below suggests that the sever- al criminal cases demonstrate a lack of corporate managerial integrity. To the contrary, Waste Management, Inc. contends that it has high standards of business ethics and the company policy will not tolerate violations of the law. (A copy of the company policy on business ethics is attached.) It is To: John Clauseh, President and Board Membt....s Re: Waste Management/Criminal Litigation November 30, 1987 Page 2 Attachment IV Page 2 of 11 not the purpose of this memorandum to adopt ei ther perspec- tive, but rather to merely present the information gathered. Discussion Several questions have been raised by Directors in regard to the reported legal entanglements of Waste Management of North America, Inc. and its affiliates. Pursuant to those ques- tions, several inquiries have been made to ascertain the extent and nature of the legal entanglements reported in the press. The following is intended to be a brief summary of some of the information provided by SAWDCO, and Waste Manage- ment, Inc. along with information gathered by District coun- sel and staff. SAWDCO claims in its response to staff inquiries that Waste Management of North America, Inc. is such a large entity that it is impossible to list and discuss all pending litigation throughout every jurisdiction. This response may be realis- tic, and accordingly, our investigation has merely been di- rected at the criminal antitrust or corrupt practices cases which are currently pending or have recently been resolved. The following is a list of the criminal matters concerning Waste Management of North America, Inc. and its subsidiaries which are currently pending or have been recently resolved: 1. u.S. v. John Horak, U.S. District Court, Northern District of Illinois No. 85-CR-373. 2. U. S . v. Raymond Akers, U. S. District Court, Northern District of Illinois No. 86-CR-841. 3.a. U.S. v. Waste Manaaement. Inc. of Florida, d/b/a Uni ted Sani tation Services; U. S . District Court, Southern District of Florida No. 87-658-CR-Newbitt. b. U.S. v. Lewis R. GOOdman, (same facts as 3.a.) c. U.S. v. David Hoopenaardner, (same facts as 3.a.) 4. U. S . v. Bestwav Disposal COL(). , U. S . District Court, Western District of N.Y. No. CR-86-002l0T. 5. Peo-ple v. Waste Manaaement of Cal i fornia . Inc. et aI, Municipal Court, Los Angeles Judicial District No. A 952588. 6. U.S. v. Ohio Waste Systems. Inc., U.S. District Court, Northern District of Ohio. To: John Clause._I President and Board Memb___s Re: Waste Management/Criminal Litigation November 30, 1987 Page 3 Attachment IV Page 3 of 11 Of the cases noted above, the Horak and Akers cases are the only matters which relate to illegal payments to public officials by employees of a Waste Management, Inc. subsidi- ary. The Horak case involves criminal charges of federal racketeering and mail fraud during the period of 1981 through 1983. These charges were brought against the former operat- ing manager of a subsidiary of Waste Management, Inc. of Illinois. The charges apparently relate to illegal payments made by Horak to officials of the Village of Fox Lake, Illi- nois. The intent of the payments was apparently to insure procurement of a city contract relating to garbage collec- tion. Horak was convicted on the federal charges and the conviction has recently been upheld on appeal with the excep- tion of the sentence imposed. The matter has been remanded for a new sentencing. Apparently the Akers case is factual- ly similar to that of the Horak case in that it related to a bribe to a Chicago city councilman. However, our investiga- tion has not confirmed any details in that regard. WMI con- tends that both Horak and Akers were terminated for the al- leged violations and that the subsidiary itself was not charged with any criminal offenses. Moreover, these cases were only one part of a maj or federal sting operation in Chicago which was not focused on WMI. The case against Waste Management, Inc. of Florida is an antitrust case relating to allegations of conspiracy to cre- ate customer allocations in the South Florida area. SAWDCO claims that the offending conduct was a practice that started long prior to Waste Management's acquisition of United Sanita- tion Services and the alleged conduct does not reflect Waste Management's policies. Conversations with the prosecuting U.S. Attorney office indicate that the illegal conduct relat- ed to agreements between competing waste disposal entities as to the allocation of customers. Such conduct started in approximately 1971 when defendant Goodman was the owner of United Sanitation Services. United was sold to Waste Manage- ment, Inc. in 1980. The lawsuit alleges that the customer allocation conspiracy continued after the WMI purchase until 1985. These allegations relate to activities occurring on non-franchised, commercial garbage collection. Goodman and Hoopengardner were both convicted of the fair trade viola- tions, and Waste Management, Inc. of Florida entered a plea of Nolo Contendere on November 23, 1987. Sentencing of the corporation is set for January 15, 1988. Wi th regard to the Bestway Disposal Corp. sui t, the only information obtained has been provided by WMI and SAWDCO. This is also a federal antitrust case. Again, WMI suggests it was an acquired problem where the offending conduct predat- To: John Clausell, President and Board Membt:..s Re: Waste Management/Criminal Litigation November 30, 1987 Page 4 Attachment IV Page 4 of 11 ed the acquisition and therefore, it does not reflect nega- tively on the management integrity of the corporation. The lawsuits brought by the District Attorney of Los Angeles against Waste Management of California, Inc. allege that violations of the California fair trade act occurred by vir- tue of horizontal marketing schemes, customer "blitzing", and other activities which could more generally be described as a customer allocation scheme. Three separate garbage collec- tion entities were named along with employees of each entity, including two from WMI of California, Inc. Again, these allegations relate to non-franchised, commercial garbage col- lection activities. Waste Management of California contends there is no basis for the suit and they intend to defend it vigorously. Conversations with the prosecuting attorney, of course, reflect opinions to the contrary. In reference to the Ohio Waste Systems, Inc. case, the Waste Management subsidiary pleaded guilty to violation of the Sherman Antitrust Act and agreed to pay a $1 million fine. Apparently, other maj or national waste collection enti ties were also prosecuted in this investigation. Again, this case reportedly related to non-franchised, commercial garbage collection and the violations related to customer allocation schemes. In addition to the cases mentioned above, conversations with the u.S. Attorney indicated that a subsidiary of Waste Manage- ment, Inc. also was convicted in Atlanta, Georgia, in 1983, of federal antitrust violations relating to the conspiracy to set up territorial customer allocations. The details of this matter have not been confirmed. Waste Management, Inc. and the U. S . Attorney I s off ice have also provided information that federal grand jury investiga- tions are currently pending in several markets in which Waste Management, Inc. subsidiaries operate. Waste Management, Inc. denies that its subsidiaries are the focus of these investigations; however, they expect charges to be filed in at least one of those investigations. Given the nature of grand jury investigations, the U. S. Attorney I s office was unable to lend further information as to the likelihood of indictments in the pending investigations. The comments set forth above are the result of information supplied by Waste Management, Inc. and information gathered largely through telephone inquiries of prosecuting authori- ties. Accordingly, the information provided is rather gener- To: John Clauseu, President and Board Memb.......s - Re: Waste Management/criminal Litigation November 30, 1987 Page 5 Attachment IV Page 5 of 11 al and is not intended as an exhaustive or detailed study of the matters noted. To the extent additional information is needed, a more detailed examination of the facts can be under- taken. Very truly yours, :~ (b./~..~~~YDER' J&({f7~L\ N ON L. ALM KLA:ls Enclosure ~OLlCY& PROCEDUR~ MANUAL ~ TITLE COMPANY POLICY ON BUSINESS ETHICS AND ~1l CONFLICTS OF INTEREST ~ Attachment IV Page 6 of 11 ClST. CODe 3 NUMBER H-110 INITIATED 6Y BOARD OF DIRECTons 1 6 roac_of_ EFFECTIVE DAJE 11/1/86 wast~ ManaoerMnt,lnc. APPROVED BY TiTlE SUPERSEDES H-110 1/1/82 PRESIDENT REQUIRED FORMS CROSS REFERENCEIS) F-600 H-100 1/1/85 1/1/85 PURPOSE (SEE BELOW) PURPOSES The purposes of this Policy Statement are 1) To formalize the Company's commitment to the highest level of business ethics; 2) To outline the requirements necessary to ensure compliance with these high standards of business ethics; 3) To present an overvtew of the types of conflicts of interest which could arise so as to provide employees with guidance in handling potential conflicts; 4) To establish ..ndatory procedures for informing employees and suppliers of Company Policy regarding business ethics; and 5) To provide a means for promptly addressing and resolving potential business ethics problems or conflicts. SCOPE The provisions and requirements outlined in this Policy Statement are applicable to all U.S. based employees and operations of Waste Management, Inc. and its subsidiaries. GENERAL Each employee shall conduct the Company's business in compliance with the letter and the spirit of applicable laws and regulations. Each employee shall also observe the highest standards of business ethics and personal conduct in all dealings with the Company. fellow employees and our customers and suppliers. Ethical business conduct should generally exist at a level well above the minimum requirements of the law. In a fundameiltal sense this means practicing what is right and honest. ,-."""$<""". ."'...""'."" ,.,., )...._~..:"~_"":.'<~ ..'......r:.'. r"'''i;:--'-''_'''~~'''':,' ,-.~"'~<,"".".-..,......"~,_,,,,,..,,.".~~ _<.pO' ,'. rOLlCY,& TITLE Attachment IV Page 7 of 11 PROCEDURE MANUAL COMPANY POLICY ON BUSINESS ETHICS AND CONFLICTS OF INTEREST NUMBER H-110 DA TE 11/1/86 PAGE 2 of 6 ) \. Each employee shall avoid those situations which do, or which appear to, present a conflict between his or her personal interest and the best interest of the Company. An employee stands in a fiduciary relationship to the Company and a conflict of in- terest will exist when the personal interest is such as to possibly influence his or her judgment or action in conducting the Company's business, or effect the employee's duty to give undivideq loyalty to the Company. APPLICATIONS While it is impossible to set forth herein specific application of the general Policy as to each factual situation which could arise, the following will illustrate how the general Policy would apply to the more common business ethics or conflict of interest situations. Business Ethics 1. The use of Company funds, property or anything else of value for any purpose which would be in violation of any applicable law or regulation is strictly prohibi ted. In particul ar, the Company will not, under any ci rcumstances, ( tolerate any payment by an employee in the nature of undisclosed commission, kickback or bribe to a third party for obtaining or retaining discretionary business, a contract, a competitive award or otherwise bestowing a special favor. Any Company gifts, gratuities or entertainment shall be given only to the extent usual. customary and reaso~ab le in amount and not in cons i derat ion for any improper action by the reciplent. (Refer to the specific guidelines provided in item #8 below.) 2. No employee of the Company shall engage in any business dealing with any gove-rnment body, official or any repre:;.entative thereof, which calls for the giving of something of value in return for contract awards or other special considerations. 3. No false or misleading entries shall be made in the books and records of the Company for any reason whatsoever. L i kewi se, no payment shall be made to any person with the intent or understanding that any part of such payment is to be used for any purpose or remi tted to any other person or entity other than as described by the invoice or other document supporting the payment. 4. Any entries in expense reports shall fully and accurately disclose the purpose for which the expenditure was made (see PAP F-600, i.e. "Travel and Entertainment Policy"). Similarly, any withdrawals from a petty cash account shall be fully supported by appropriate documentation. 5. No fund or asset which is not fully and properly recorded on the books and re- cords of the Company shall be permitted unless specifically permitted pursuant &.;:: to generally accepted accounting principles. '- 6. The documentation evidencing each transaction effected and each payment made on behalf of the Company shall fairly represent the nature of the transaction or the purpose of the payment. LICY,&, PROCEDURE MANUAL TITLE Attachment IV Page 8 of 11 COMPANY POLICY BUSINESS ETHICS AND CONFLICTS OF INTEREST NUMBER DATE PAGE H-110 11/1/86 3 of 6 No employee, or member of hi s or her immedi ate fami ly, shaul d accept gi fts or anything else of value from anyone having or seeking business with the Company, other than non-cash gi fts of nomi na 1 value generally used for promot i ona 1 pur- poses by the donor. As a general rule, "nominal value'l is defined as not ex- ceeding $100 in aggregate annual value. , ~. As a general rule, gifts valued in excess of $100 should not be given by the Company or received by any employee. If an employee believes the giving or receiving of a gift valued in excess of $100 is appropriate in a particular circumstance, advance approval, in writing, must be obtained as follows: EMPLOYEE LEVEL REQUIRED APPROVALS Division-level Immedi ate supervi sor and the Region Vice-President/Manager Field employees above the Division level Immediate supervisor and the Group President Corporate Office employees Immediate supervisor and the President Documentation of all such approvals must be retained on file for audit review. l. Participation in business related functions, including the acceptance of lunches or other meals on occasion is a normal and permissible business practice. However, care must be exerci sed to ensure that they are appropri ate and that thetr value and frequency are not excessive unjer all the applicable circumstances. Although these and other forms of entertainment such as dinners, theater tickets, or golf dates are not governed by the $100 limitation outlined above for gifts, caution must be taken to ensure that participation in such events will not affect the employee's judgment or exert undue influence upon him. In summary, nothing should be accepted which could impair, or appear to impair, an employee's ability to perform his or her Company duties or to exercise his or her judgment in a fair and unbiased manner. .0. An employee should not accept loans from any persons or entities having or seeking business with the Company except recognized financial institutions at normal interest rates prevailing at the time of borrowing. In discussing personal financing with banks, no employee should state or imply that the bank's response will in any way affect its relationship with the Company. .1. No Company assets shall be used to make any form of political contribution other than pursuant to PAP H-IOO, i.e. IIPolitical Contributionsll. tLlCY& TITLE Attachment IV Page 9 of 11 PROCEDURE MANUAL i 'I COMPANY POLICY BUSINESS ETHICS AND CONFLICTS OF INTEREST NUMBER H-110 DATE 11/1/86 PAGE 4 of 6 ) \ Conflicts of Interest ) 1. No employee shall serve as a director, officer, partner, employee, consult- ant, agent or representative of a competitor of, vendor to, or customer of the Company wi thout specifi c approval (a) from the Executive Commi ttee of the Board of Directors if the employee is a corporate officer, President of a sUbsidiary or general manager of an operating division, or (b) from the appro- priate group officer for any other employee. If it appears that a conflict may exist, the group officer shall refer the matter to the Executive Committee for its determination. It shall not be a conflict of interest under this paragraph for an employee to own less than 5% of the capital stock of such other busi- ness entity so long as the employee's duties involve no control over material transactions between the Company and such other organization. 2. No information concerning the Company obtained as a result of employment, which is not generally available to the public, may be used for persoo1 profit or serve as the basis for a gratuitous lIinsider tip", whether or n there would be any direct injury to the Company. In particular, an employe must not trade, or suggest to others that they trade, in securities of the Company if he or she is a party to unpublished information which is likely to affect the market price of the securities once the information is published. The same prohibition applies to the use of inside information to purchase stock in a business entity being considered as a candidate for acquisition. 3. Direct interests and relationships of employees have been described and 'i 11 ustrated in the precedi ng pages. Wi th respect to i ndi rect interests and relationships, there are three general rules to follow. First, an employee should not make or influence a decision relating to the Company's engaging in business with a relative of the employee. Second, an employee should not derive an indirect benefit from a Company transaction involving a relative. Third, an employee should disclose any situation in which a relative has an interest in a competitor or in any Company transaction. 4. An employee should not use for personal benefit information concerning any aspect of the Company's business or information acquired as a result of his or her relationship with the Company. Moreover, such information should not be disclosed to any other person or entity except as required in the performance of Company duties or as expressly authorized by the Company. An employee can be held liable to the Company for any benefit gained from improper use of such information or any damages sustained by the Company as a result of improper disclosure of such information. t r POLICY'& 'PROCEDURE MANUAL TITLE Attachment IV Page 10 of 11 COMPANY POLICY BUSINESS ETHICS AND CONFLICTS OF INTEREST NUMBER H-110 OA TE 11/1/86 P AG E 5 of 6 i I I I 5. An employee should not appropriate to himself or herself, nor divert to any other person or entity, a business or financial opportunity which the employee knows, or reasonably could anticipate, the Company would have an interest . . . 1 n pursul ng. DETERMINATION AS TO WHETHER A VIOLATION OF BUSINESS ETHICS OR CONFLICT OF INTEREST MAY EXIST ro avoid potential problems, it is imperative that the channels of communication be (ept open between those who are in a position to know of questionable practices and :heir supervisory personnel who should have known. No person in a position of luthority can be permitted to escape responsibility by closing his ears or eyes to information which comes to his attention, or by failing to keep himself or herself ldequately informed. 'ny employee who is, or thinks he or she may be, confronted with a business ethlcs- or :onflict of interest problem should immediately' request a determination f.... the :ompany as to whether or not a problem does in fact exist, and if so, what steps .hould be taken to correct or avoid it. Such determination shall be made by the :xecutive Committee of the Board of Directors. The Corporate Controller and the ieneral Counsel will be available to assist the Executive Committee in resolving lossible business ethics or conflict of interest problems submitted by employees. EMPLOYMENT TRAINING "\ t is imperative that all employees be informed and advised of the provisions contained n this Policy Statement. All supervisors and managers are responsible for ensuring hat new employees receive initial policy indoctrination at the time they are hired. ,nnual policy overview and discussion sessions are also to be scheduled with all mp 1 oyees. NOTIFICATION OF SUPPLIERS n an annual basis, all suppliers of goods or services to the division or office must be ormally advised, in writing. (format optional) of the Company's policies on business thics and conflicts of interest and in particular of the $100 limit on the value of ifts as outlined on paragraph 8 on page 3. Responsibility for this notification is ssigned to the local manager or department head. ENFORCEMENT POLICY FOR VIOLATION 11 officers and managers shall be responsible for the enforcement of and compliance ith this Policy within their specific areas of supervisory responsibility, including ecessary distribution a.nd communication to ensure employees knowledge and compliance. t:~ICV & TITLE Attachment IV Page 11 of 11 PROCEDURE MANUAL COMPANY POLICY ON BUSINESS ETHICS AND CONFLICTS OF INTEREST NUMBER H-II0 DATE 11/1/86 PAGE 6 of 6 J \. In addition. the Executive Committee, through the WMI Internal Audit Department, may conduct periodic audits of various Company operations to help assure full compliance with this Policy. Violation of any provlslon of this Policy will be considered sufficient grounds for disciplinary action. including termination of employment and may also be grounds for legal action against such employee. including. but not limited to seeking reimbursement for the Company of any funds or amounts for which the Company may become liable or which the employee has wrongfully disbursed or caused to be disbursed. POLICY CLARIFICATION AND ASSISTANCE Questions regardi og any provi s i on of thi s PAP shoul d be di rected to the Corporate General Counselor the Corporate Controller. ( ." .' e= . -. .. .-..." . - ....-.. Attachment V Page 1 of 2 pages WRITTEN CORRESPONDENCE 1. Letter from Doug Offenhartz, Mayor of the Town of Danville, dated November 19, 1987. 2. Letter from Ernie Parti, Mayor of the City of Lafayette, dated November 25, 1987. 3. Letter from Mrs. Helen S. Sizer, 2101 Pine Knoll #13 Ent 3, Walnut Creek, dated November 1987. 4. Letter from N. J. Borelli, 818 Luz Ct., Danville, dated November 1987 . 5. Letter from Mrs. Burton H. Marl iave, 67 Grandview Pl ace, Wal nut Creek, dated November 17, 1987. 6. Letter from George F. Wagner, 2724 Ptarmigan Dr., #8, Walnut Creek, dated November 19, 1987. 7. Letter from Mrs. Al ice L. Wagner, 2724 Ptarmigan Dr., #8, Wal nut Creek, dated November 19, 1987. 8. Letter from Ms. Eda R. Davis, (Address unknown), dated November 19, 1987 . 9. Letter from F. Owen Pearce, 2037 Ptarmigan Dr., #4, Wal nut Creek, dated November 20, 1987. 10. Letter from Ms. Eleanor Briggs, 877 Revere Rd., Lafayette, dated November 20, 1987. 11. Letter from William S. Lovell, 824 Luz Ct., Danville, dated November 21, 1987. 12. Letter from George M. Briggs, 877 Revere Rd., Lafayette, dated November 22, 1987. 13. Letter from Ms. Doreen Topham, 555 Kismet Ct., Walnut Creek, dated November 23, 1987. 14. Letter from Ms. Leslie Meyer, 1232 Leisure Lane, Walnut Creek, dated November 23, 1987. 15. Letter from Ms. Martha J. Cook, 836 Luz Ct., Danville, dated November 23, 1987. 16. Letter from Mr. & Mrs. George A. Hicks, 851 Luz Ct., Danville, dated November 23, 1987. Attachment V Page 2 of 2 pages 17. Letter from Ms. Mavis Schirle, (Address unknown), dated November 23, 1987. 18. Letter from Mrs. Ida M. Chan Chu, 876 Revere Rd., Lafayette, dated November 24, 1987. 19. Letter from Ms. F. A. Gardner, 809 Contada Circle, Danville, dated November 24, 1987. 20. Letter from Thomas E. Morris, 811 Luz Ct., Danville, dated November 24, 1987. r~\ W'-Il ~ November 19, 1987 Mr. John Claussen, Chair and Members of the Board of Directors Central Contra Costa County Sanitary District 5019 Imhoff Place Martinez, California 94553 Dear Mr. Claussen and Members of the Board: Valley Disposal, Inc. has requested the Town of Danville to endorse their request for re-assignment of their franchise to Waste Management, Inc. The Town Council considered this matter at its meeting of November 5, 1987. It is our Town Council's observation that Valley Disposal, Inc. has provided superior services for reasonable rates. In fact, complaints about the quality of service provided by Valley have seldom been received. The owners and management staff of Valley Disposal have contributed to our community beyond their role as a waste collection service agency. Although we regret their decision to sell Valley Disposal to Waste Management, Inc., we understand that these transactions occur in the normal course of conducting business. We have three basic requests of your Board as you consider the request for transfer. First, we request that you seek to ensure a continuation of the same high level of service and reasonable rate structure which has existed in the past. Second, Waste Management, Inc. has a strong reputation as a leader in the area of reCYCling. We would like our community evaluated for the provision of this service. Third, Valley Disposal, Inc. has worked with other communities to achieve more cost effective service delivery through the use of curbside collection services. We request that Danville be evaluated for this type of service collection program. 510 La Gonda Way · Danville, California 94526 (415) 820-6337 Mr. John Claussen November 19, 1987 Page 2 Danville has not yet been provided with any factual information upon which to endorse, or recommend rejection of the transfer of the franchise. However, we encourage your Board to expedite its decision once there are sufficient guarantees that Waste Management, Inc. will continue to provide the same level and quality of service at comparable rates. sincerely, TOWN OF DANVILLE ivVZ/f ;fL" /'~ ;,' :~" I'; 'v'./ I . " Doug OffenhartZ' Mayor CITY COUNCIL Donald L. Tatzin, Mayor Ernest W. Parti, Vice Mayor Richard F. Holmes Gayle B. Uilkema Avon M. Wilson LAFAYETTE SETTUD 1&I8=IM:ORPOIIATED'988 November 25, 1987 Mr. John Claussen, Chair and Members of the Board of Directors Central Contra Costa County Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear Mr. Claussen and Members of the Board: Valley Disposal, Inc. has requested the City of Lafayette endorse their request for reassignment of their franchise to Waste Management, Inc. The City Council considered this matter at its meeting of November 23, 1987. It is our Council1s observation that Valley Disposal has provided high quality services for reasonable rates. In fact, complaints about the quality of service provided by Valley have seldom been received. The owners and management staff of Valley Disposal have contributed to our community in a variety of ways outside of their business activities. We have three basic requests of your Board as you consider the request for transfer. First, we request that you seek to ensure a the same qu~ity of service and reasonable which has existed in the past. continuation of rate structure Second, Waste Management has a reputation as a leader in the field of recycling. Our community desires to participate in these activities. Third, Valley Disposal has worked with other communities to achieve more cost effective service delivery through the use of curbside collection services. We request that Lafayette be evaluated for this type of service collection program. Lafayette has not yet been provided with any factual information upon which to endorse, or recommend rejection of the transfer of the franchise. However, we encourage your Board to expedite its decision once there are sufficient guarantees that Waste Management, Inc. will continue to provide the same level and quality of service at comparable rates. Sincerely, t.1~~ ~ Ernie Parti Mayor 251 LAFAYETTE CIRCLE, LAFAYETTE, CA 94549 TELEPHONE: (415) 284-1968 November 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal Dear Central sanitary District: I have just learned of the proposed purchase of our local refuse hauler, Valley Disposal, by Waste Management, Inc., a large, national corporation. I strongly oppose the purchase and hope that our Sanitary District and the council members in the affected towns will not vote approval of it. Waste Management is a large corporation, and cannot be expected to provide the personal attention to its customers that we have always received from Valley Disposal. Furthermore, Waste Management has engaged in activities of questionable merit with such frequency, that I do not want them in our County. I strongly urge you to vote against this purchase. Yours very truly, Q1IM. ) ;5 ~ J 'f))v ~ <3)tC' . ' ~'~hdL ~{1 W3, ,X-I iJ I v A/Y\,1/ J..- i / .'> lO Ct-Ln1L\ l:.aC..h_, Li/fi ; q q 5'15" INFORhATION ABOUT THE SITUATION: Waste Management is a large, national corporation in the refuse and disposal business. There are numerous newspaper articles about them-- all that I have seen are very unfavorable. I have two for you to read. ~ey are trying to buy our our local hauler, Valley Disposal. If they succeed, "I expect our rates to qo up dramatically in a couple of years, when the company gets itself politically entrenched in the area. They have taken Dver waste hauling in~ounti.s across the nation, and have been charged with anti-trust, and other, violations frequently. - I think our officials can find another purchaser for the franchise. A smaller, .ore responsive company would suit .e better, and Ido not think it could acquire the political power to significantly raise rate.. ; . ~t I think Waste MAnagement will. ..::.;:..~~. ~~ ~.-.~. -- --- ....... ~ November , 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal. Dear Contra Costa Times: I am writing to express my opposition to the purchase of Valley Disposal by Waste Management, Inc. I was appalled to learn recently that the City Council in San Ramon approved the purchase. Please do not follow suit. Waste Management receives continual publicity for the anti trust allegations against it nationwide. I do not want such a company hauling our refuse. Can rates are high enough already. with the siting of a new landfill soon, I expect some increase anyway, and I do not want to live under the threat of the kind of increases that one can expect if this corporation takes over the hauling. I will be following your vote on the issue, and strongly urge you to vote to disapprove the purchase. Yours very truly, /1-;22-3/ ?{j~1 November /1 1987 Central Contra Costa sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal Dear Central Sanitary District: I have just learned of the proposed purchase of our local refuse hauler, Valley Disposal, by Waste Management, Inc., a large, national corporation. I strongly oppose the purchase and hope that our Sanitary District and the council members in the affected towns will not vote approval of it. Waste Management is a large corporation, and cannot be expected to provide the personal attention to its customers that we have always received from Valley Disposal. Furthermore, Waste Management has engaged in activities of questionable merit with such frequency, that I do not want them in our County. I strongly urge you to vote against this purchase. Yours very truly, ~o('~~ ~~ ::':ir:~:::'~.,. Marl/ave Walnut Creek lace - . CA 94595 November /7(3', 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal Dear Central Sanitary District: I am writing to voice my strong disapproval of the pending purchase of our local hauler, Valley Disposal, by Waste Management, Inc. I do not want an unresponsive, national corporation with a questionable reputation for anti trust activities to come in to our community and take over this vital function. If Valley Disposal must find a purchaser, please have them seek one elsewhere. I am very opposed to this purchase, and ask that all members of our Sanitary District vote against it. Yours very truly, ~ f' /.v7~ -# d7~ V /?77?/l.~r~~ 2,(... ~ 6 fil...( ,ou? C'" d' e-e /< (',( 7 {c::;lI November J1 ' 1987 ~/#~ ..2.72-Y~~~ dJ~ ~~- 'fPy.r?r- Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal Dear Central Sanitary District: I am writing to voice my strong disapproval of the pending purchase of our local hauler, Valley Disposal, by Waste Management, Inc. I do not want an unresponsive, national corporation with a questionable reputation for anti trust activities to come in to our community and take over this vital function. If Valley Disposal must find a purchaser, please have them seek one elsewhere. I am very opposed to this purchase, and ask that all members of our Sanitary District vote against it. Yours very truly, ~ <:/d~ November i1 , 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal. Dear Contra Costa Times: I am writing to express my opposition to the purchase of Valley Disposal by Waste Management, Inc. I was appalled to learn recently that the City Council in San Ramon approved the purchase. Please do not follow suit. Waste Management receives continual publicity for the anti trust allegations against it nationwide. I do not want such a company hauling our refuse. Can rates are high enough already. With the siting of a new landfill soon, I expect some increase anyway, and I do not want to live under the threat of the kind of increases that one can expect if this corporation takes over the hauling. I will be following your vote on the issue, and strongly urge you to vote to disapprove the purchase. Yours very truly, edLLj?&rz~ ''''0 November L- 1387 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal Dear Central Sanitary District: I have just learned of the proposed purchase of our local refuse hauler, Valley Disposal, by Waste Management, Inc., a large, national corporation. I strongly oppose the purchase and hope that our Sanitary District and the council members in the affected towns will not vote approval of it. Waste Management is a large corporation, and cannot be expected to provide the personal attention to its customers that we have always received from Valley Disposal. Furthermore, Waste Management has engaged in activities of questionable merit with such frequency, that I do not want them in our County. I strongly urge you to vote against this purchase. Yours very trul~~ <"__------..., '13 ,~ , ~-~ :J-031. X~'-~~ . ~~y ~rJaiZu.,r~/ CA14 J--7~-~ INFO~.dTION ABOUT THE SITUATION: Waste Management is a large, national corporation in the refuse and disposal business. There are numerous newspaper articles about them-- all that I have seen are very unfavorable. I have two for you to read. ~ey are trying to buy our our 1ocalbauler, Valley Disposal. If they succeed, I expect our rates to go up dramatically in a couple of years, when the company qets itself politically entrenched in the area. -r'hey have taken over waste hauling in count i_ across the nation, and have been charqedwlth anti-trust, and other, violations frequently. I think our officials can find another purchaser ~or the franchise. A ..aller, aore responsive company would aui t m. better, and Z do not think it could acquire the politicalpowar ~o eiqnificantly raise rat... I think Wast. Kanageaent,,111. --'ifi~.~~""":':'--'--- .... November ~ , 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal Dear Central Sanitary District: I am writing to voice my strong disapproval of the pending purchase of our local hauler, Valley Disposal, by Waste Management, Inc. I do not want an unresponsive, national corporation with a questionable reputation for anti trust activities to come in to our community and take over this vital function. If Valley Disposal must find a purchaser, please have them seek one elsewhere. I am very opposed to this purchase, and ask that all members of our Sanitary District vote against it. Yours very truly, ~~1V Eleanor Briggs 877 Revere Rd. Lafayette, Calif. 94549 November ~I , 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal. Dear Contra Costa Times: I am writing to express my opposition to the purchase of Valley Disposal by Waste Management, Inc. I was appalled to learn recently that the City Council in San Ramon approved the purchase. Please do not follow suit. Waste Management receives continual publicity for the anti trust allegations against it nationwide. I do not want such a company hauling our refuse. Can rates are high enough already. With the siting of a new landfill soon, I expect some increase anyway, and I do not want to live under the threat of the kind of increases that one can expect if this corporation takes over the hauling. I will be following your vote on the issue, and strongly urge you to vote to disapprove the purchase. Yours very truly, J l' ~/.~Ler-v~ 5.~~.- November ;:.. z.. , 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal Dear Central Sanitary District: I am writing to voice my strong disapproval of the pending purchase of our local hauler, Valley Disposal, by Waste Management, Inc. I do not want an unresponsive, national corporation with a questionable reputation for anti trust activities to come in to our community and take over this vital function. If Valley Disposal must find a purchaser, please have them seek one elsewhere. I am very opposed to this purchase, and ask that all members of our Sanitary District vote against it. Yours very truly, /wr71J/~ I G M BRIGGS I 817 REVERE RD LAFAVETfE CALIF 94549 November ~ 3 , 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal. Dear Contra Costa Times: I am writing to express my opposition to the purchase of Valley Disposal by Waste Management, Inc. I was appalled to learn recently that the City Council in San Ramon approved the purchase. Please do not follow suit. Waste Management receives continual publicity for the anti trust allegations against it nationwide. I do not want such a company hauling our refuse. Can rates are high enough already. With the siting of a new landfill soon, I expect some increase anyway, and I do not want to live under the threat of the kind of increases that one can expect if this corporation takes over the hauling. I will be following your vote on the issue, and strongly urge you to vote to disapprove the purchase. Yours very truly, g~ November ~3 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal Dear Central Sanitary District: I have just learned of the proposed purchase of our local refuse hauler, Valley Disposal, by Waste Management, Inc., a large, national corporation. I strongly oppose the purchase and hope that our Sanitary District and the council members in the affected towns will not vote approval of it. Waste Management is a large corporation, and cannot be expected to provide the personal attention to its customers that we have always received from Valley Disposal. Furthermore, Waste Management has engaged in activities of questionable merit with such frequency, that I do not want them in our County. I strongly urge you to vote against this purchase. Yours very truly, n(i V('}\ ~ MQ"1J---f J d. ~ d.. ~ I S U ~ ~"""'~ II I (J + C . A c tJ q tf ,-1 fJ- waJMu ~ I November ~3 , 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal. Dear Contra Costa Times: I am writing to express my opposition to the purchase of Valley Disposal by Waste Management, Inc. I was appalled to learn recently that the City Council in San Ramon approved the purchase. Please do not follow suit. Waste Management receives continual publicity for the anti trust allegations against it nationwide. I do not want such a company hauling our refuse. Can rates are high enough already. With the siting of a new landfill soon, I expect some increase anyway, and I do not want to live under the threat of the kind of increases that one can expect if this corporation takes over the hauling. I will be following your vote on the issue, and strongly urge you to vote to disapprove the purchase. Yours very truly, ~2~~l'~ l?a. . QL/<SJ-0 November .;f .j , 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal. Dear Contra Costa Times: I am writing to express my opposition to the purchase of Valley Disposal by Waste Management, Inc. I was appalled to learn recently that the City Council in San Ramon approved the purchase. Please do not follow suit. Waste Management receives continual publicity for the anti trust allegations against it nationwide. I do not want such a company hauling our refuse. Can rates are high enough already. with the siting of a new landfill soon, I expect some increase anyway, and I do not want to live under the threat of the kind of increases that one can expect if this corporation takes over the hauling. I will be following your vote on the issue, and strongly urge you to vote to disapprove the purchase. Yours very truly, ~.t~.~~~~ November ~ 3 , 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal Dear Central Sanitary District: I am writing to voice my strong disapproval of the pending purchase of our local hauler, Valley Disposal, by Waste Management, Inc. I do not want an unresponsive, national corporation with a questionable reputation for anti trust activities to come in to our community and take over this vital function. If Valley Disposal must find a purchaser, please have them seek one elsewhere. I am very opposed to this purchase, and ask that all members of our Sanitary District vote against it. Yours very ~u , I November 2-"f ,1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal Dear Central Sanitary District: I am writing to voice my strong disapproval of the pending purchase of our local hauler, Valley Disposal, by Waste Management, Inc. I do not want an unresponsive, national corporation with a questionable reputation for anti trust activities to come in to our community and take over this vital function. If Valley Disposal must find a purchaser, please have them seek one elsewhere. I am very opposed to this purchase, and ask that all members of our Sanitary District vote against it. Yours very truly, ) "'t ' k ,c I Ci-~ ::c November 2 y' ,1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal. Dear Contra Costa Times: I am writing to express my opposition to the purchase of Valley Disposal by Waste Management, Inc. I was appalled to learn recently that the City Council in San Ramon approved the purchase. Please do not follow suit. Waste Management receives continual publicity for the anti trust allegations against it nationwide. I do not want such a company hauling our refuse. Can rates are high enough already. With the siting of a new landfill soon, I expect some increase anyway, and I do not want to live under the threat of the kind of increases that one can expect if this corporation takes over the hauling. I will be following your vote on the issue, and strongly urge you to vote to disapprove the purchase. Yours very truly, cffa?7/Cd A.%~~ //-2v-tf'7, November ;;< '-I, , 1987 Central Contra Costa Sanitary District 5019 Imhoff Drive Martinez, California 94553 Re: Waste Management purchase of Valley Disposal. Dear Contra Costa Times: I am writing to express my opposition to the purchase of Valley Disposal by Waste Management, Inc. I was appalled to learn recently that the City Council in San Ramon approved the purchase. Please do not follow suit. Waste Management receives continual publicity for the anti trust allegations against it nationwide. I do not want such a company hauling our refuse. Can rates are high enough already. With the siting of a new landfill soon, I expect some increase anyway, and I do not want to live under the threat of the kind of increases that one can expect if this corporation takes over the hauling. I will be following your vote on the issue, and strongly urge you to vote to disapprove the purchase. Yours very truly, dtto-U i: '*~ 1 ( I2E5 i JEr/J Ul'V'f/lA- CvJTA ) C ~v IV T7 /-:::011 / / ) /2-- 1 EA/l! -;?fo/l145' i3:- ( At 0/14/ J ~/ I U-Z- C-; PI/lVI/life. Cf4 ( tJVJ7, . Centr,-" Contra Costa Sanita~ I District BOARD OF DIRECTORS PAGE 1 OF 14 POSITION PAPER BOARD MEETING OF December 3, 1987 NO. IV. CONSENT CALENDAR 2 SUBJECT INITIATE PROCEEDINGS TO FORMALLY ANNEX 10 SEPARATE AREAS UNDER THE TITLE OF DISTRICT ANNEXATION 102 DATE November 23, 1987 TYPE OF ACTION INITIATE ANNEXATION D.A. 102 SUBMITTED BY Dennis Hall Associate Engineer INITIATING DEPT./DIV. Engineering Department, Construction Division ISSUE: This District must initiate the annexation proceedings with the Local Agency Formation Commission (LAFCO) before the annexation process can be offici ally compl eted. BACKGROUND: The LAFCO has requested that the Di stri ct submit no more than 10 separate areas under anyone proceeding to avoid overloading their schedule. The subject areas are generally located in Danville, Martinez, and Orinda and are shown on the attachments to this Position Paper. A consulting firm, Santina and Thompson, prepared the annexation maps and descriptions to expedite the processing of these annexati ons. LAFCO has i ndi cated that they may add adj oi ni ng unannexed parcel s to the separate areas we submit to elimi nate i sl ands or strai ghten boundary lines. The District will have to hold a public hearing to consider the annexation of any parcel added by LAFCO. RECOMMENDATION: Pass a Resolution of Application for the annexation of properties to Central Contra Costa Sanitary District under District Annexation 102. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302.....9/85 DH RAB INITIA TI7pT.lDIV. DISTRICT ANNEXATION NO. 102 Tabulation of Parcels Parcel I P.A. No. I Owner Address I Date Approved by Board I Lead No. & Area Parcel No. & Acreaae I and Remarks Aaencv 1 85-20 Shell Oil Company I Approved 10/3/85 CCCSD I Martinez P. O. Box 711 I Ma rti nez, CA 94553 I 374-031-12 (2.9 Ac.total> 374-041-11 2 86-33 Janet Eisele Approved 12/18/86 City of Martinez 3 Oakvue Court "Negative Declaration" Martinez Pleasant Hill, CA 94523 370-270-011 (0.84 Ac.> 3 84-11 Muir Station Associates Approved 7/5/84 City of Martinez % D&M Development Co. "Negative Declaration" Martinez 670 Gregory Lane I Wal nut Creek, CA 94596 162-262-007 (3.77 Ac.> 4 86-17 Wal ter Price I Approved 5/15/86 I CCCSD Orinda I 40 Los Altos Road I "Notice of Exemption" I I Ori nda, CA 94563 I I 263-040-011 (2.04 Ac.> ! 5 85-3 David C. Boone, Inc. Approved 1/17/85 I Contra Orinda 37 La Enci nal "Negative Declaration" Costa Orinda, CA 94563 County 6 86-32 Douglas K. Yates I Approved 12/18/86 I CCCSD Danvil 1 e 199 Dean Road I "Notice of Exemption" IDanville, CA 94526 I I 1196-031-004 <1.37 Ac. > 1 I 87-7 I James L. Riccio I Approved 3/19/87 I CCCSD Danville 2727 Vel vet Way "Notice of Exemption" I Walnut Creek, CA 94596 196-031-006 (1.20 Ac.> 7 86-25 Aloha M. Tidd Approved 11/6/86 CCCSD I Da nv ill e 30 Avalon Court "Notice of Exemption" Walnut Creek, CA 94595 201-010-002 (0.36 Ac.> Page 2 DISTRICT ANNEXATION NO. 102 Tabulation of Parcels Parcel P.A. No. Owner Address Date Approved by Board Lead No. & Area Parcel No. & Acreaae and Remarks Aaencv 8 84-24 J. D. Graydon Approved 10/18/84 CCCSD Alarno 125 Camille Avenue "Notice of Exemption" Al arno, CA 94507 201-010-006 (0.28 Ac. ) 9 84-15 Ernest P. Graham Approved 8/23/84 CCCSD Al arno 925 Escondido Ct. "Notice of Exemption" Al arno, CA 94507 201-050-023 (0.5 Ac.) I 85-12 Beverly J. Jeffery Approved 6/16/85 CCCSD Alamo 926 Escondido Ct. "Notice of Exemption" Al arno, CA 94507 201-050-035 (0.43 Ac.) 10 I 83-5 Matthew R. Biggs Approved 3/17/83 I CCCSD I A 1 arno I 898 Forest Lane "Notice of Exempti on" I Al arno, CA 94507 201-082-01 (.45 Ac.) 85-17 Lucille Ritzmann Approved 8/22/85 CCCSD 903 Forest Lane "Notice of Exemption" Al arno, CA 94507 201-082-012 86-23 S. W. Lockett Approved 9/18/86 CCCSD 909 Forest Lane "Notice of Exemption" Al arno, CA 94507 A. P. No. 201-082-016 \, /1\.J :} ~,.- /1','\.. """- I ,,\~r-",'::::;k',J:clf\ =:5 j~.~""'~x ..' ~ jf;;f:~ E+{ ! aP;f.ED jNOI2 U~~I~ ~~"-vj~(/;?-' ',., ~>" ' ,"-- ,,' ",[)t~P:'c~~~~{ . .: Q'eb. ~,\.,':.. / ;,.~'''~ ' .... · '.... M4~~~,,~~0i~t4\~\J' 6 ~~S~),~ "~ ~~~ v \ ,/ '\'> ' ,', . ';~1~1~1~1!.~i~;~'~' " '. ~~~:L '. .'t~eeL \ .>,' . <,' ." ~~i~~1Ji'f ~," r,. .~~"'~'L-/;-' "--,'re~~~,,, ".;'~~1,.~~~,;::~ _>: '. '~. r<, \~ .,/ >,.iii} '<:,'.-.'~.:~ , \ /~ ..... .,.' , .. . .:.'~/' ". ./ "".----------...;:;. \ \.:"'< , ......'--.., ':." '--'4 '-----..... -~\ ;.<... " . ~ ._\. \ 'f : __ /'.' 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":~,.,,\ "\'. ~ ~ , ,\.\..... ~.,\ ,)." "'\;,. '''-'. ~ ~;O~" '" \\,<;;"i*'~II'"'~;''' ". '..:,'...,' _ . ~~, ".~;\~...: ~.'J.A{: b"\, r-.. ' . /~ . · "}c.".,.,,, ~ 'j1\ '~,$~ .> :t2'i Nqf.~: - \t;.;.~\(\f{.~...:..- \" , . ..",. '" .'. .\ 'g~ ~ ,. rl~ cf,-f" .\ : .:...::.'.~'.:':(..'...,., .,....,.,...'..'.'.'",A~ '7 i ~~ '. '.,."'" j II "'. . .', . .~;\~. .. '\ Ot-" '-._, . ~\ >__..... '" :'. ,\,:\ :' " ~ I ' '. to.' '__ "'Snrrrlo SHELL HEIGHTS @ II r ..... ...... ::::::~ iiil; (2' ~. ~ . PREVIOUS ANNEXATION . "EXISTING CCCSD BOUNOARY . itROPOSEO ANNEXATION . SlGN~O PETITION '* ,-F'OINT 01' BEGINNING \ ~'" 9 ~ I PIEDMONT TRACT I .J .I ~ _..._ District ffinexation No. 102 Parcel 1 .::~:::"..::::::::::::::::::::::::::::::::::::::::::::::::::::=:=:::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:~:;:~:t~:~~~l eli"~ N".W~E ;G'l~ J.I ..... 8 .... \ *~B!I * ~ zl~i~~ >: ~ A I::::::: ~ 30'! I::::t -- ~I\~ r2 !::::::: III f::::::~ I.:.:.: <{ :::::: :r: ;...... <l r'" ~j[I \)~:.'::::::::::::::::::::::::::::::::::::::::::::::::roo:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;::::::::::::::::::::::::::::::::::tt::::::::::::::::::::::::::::::::::::::::t::::::::::::::::::::::::::::::::ttttt::::::::::::::::nTIrdP: @ BARROW 570R 490 SHELrER REeE1YCY PARrNERS 12080 OR laO FOINT OF BEGINNING 300't N 11041'E 330.81' ZOCHER 41.36 OR 674 rRAcr 2202 81M8 District Jnnexation No. 102 Parcel 2 ESTUDILLO ST. ! Di stri ct Pn nexation No. 102 Parcel 3 ~ "fi9 f AJRWA'f. ACF~&:;J ~ ~ ~ ~ f AJR"IVA'f \ ,- r) F' :3 f\1v r\ ~ District Pn nexation tt>. 102 Parcel 4 \ F./?.4r.,... -./ B~ 0-2'-2' ..:;t ,J n I ! I f I I ./ I : I I /Jz~ -2'6>-,.. /_~ .8 I I I S I I I .......... ....'.., .'. '%;":':'~;' ;, :'~4- ~ \f:Ej} .{y .:::> -- /4 TE VISTP. RoW ~ tb. 102 I't1nexat ion District Parcel 5 ~ ~ 485/ 2 @ 2/ LSiyJ 28 / @ 198 B District ,lvl'nexation I'b. 102 Parcel 6 S~.ZO'E \OO.Z'5' PDR J RANCHO S}\JV RAjVjOJ\j District Jl1nexation fib. 102 Parcels 7 and 8 ,'" ''1":... ..... .. - ~ .... ..... N4'So2'S'04"W ::::::::::{:!t:??!t:::?!:? {{{!:!!!:!!!fff?!!:!!!fi! 140.59' Ij in p.A.eS-IZ .... r- II ~ JEF~ERY ~ 1= a6'3Z0.R.ZZ9 ~ ~~ ~ ::.,:: +. =:::?i:::$1~ 2 4 5 6 7RJ e : ~"P.A.e4-IS 'ft~~n~'E ~ !P /3 N G:> /4 a: ~ GRAHAM :r ~ :g: ..!:::~::~::.... ~ :::::::: ::~~~~"':~:~::~:::~.. ,;\'} 4sor7'Q4"W 25.00' :::;:;: :;::::: )tff CT ESCONO/OO 7 2.9? j 1/ /5 /2 8 CT. /0 9 EX/ST/Nt:i C.C.C.5.o. ~ ~ ~ i\'I '< District ff1nexation ft. 102 Parcel 9 ~ ~ @ District Jlnnexation No. 102 Parcel 10 . Centr..... Contra Costa Sanita.:I District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF December 3, 1987 NO. IV. CONSENT CALENDAR 3 SUBJECT ACCEPT THE CONTRACT WORK FOR THE CONCORD REVENUE ~TERS PROJECT, CONCORD (oP 20013) AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION DATE November 25, 1987 TYPE OF ACTION ACCEPT CONTRACT WORK SUBMITTED BY James Coe Associate Engineer INITIATING DEPT./DIV. Engineering Department/ Construction Division ISSUE: Constructi on has been compl eted on the Concord Revenue Meters Proj ect (DP 20013) at the Concord Pump Station and Concord North Meter Sites and the work is now ready for acceptance. BACKGROUND: This project consisted of install ing a venturi flow meter and rel ocati ng an automati c sampl er at the exi sti ng Concord Pump Stati on, and the construction of a new three level metering station containing a venturi flow meter and automatic sampler on the existing North Concord 20-inch trunk sewer. The contract also included structural, electrical, mechanical, trunk sewer relocation, and valve installation work. The venturi meters were prepurchased under a separate purchase order contract with BIF and the District's acceptance of the contract work does not apply to the BIF equipment. Under the terms of the contract with BIF, the District is in the process of performing calibration tests prior to accepting the BIF venturi meters. BIF has certified that the venturi meters were properly installed by the contractor. The City of Concord and the District have entered into an agreement whereby the District is compensated for sewage treatment services based on Concord's share of costs for commonly-used facil ities. The payments are based on the quantity and strength of the Concord effl uent. The Concord Revenue Meters Proj ect was authorized and equal 1 y funded by the Di stri ct and the City of Concord for the purpose of provi di ng accurate, permanent flow meters and sampl ers for monitori ng the sewage flow from the City of Concord. Pacific Mechanical Corporation was issued a Notice to Proceed on September 2, 1986. Work at the Concord Pump Station began on September 19, 1986, however, work on the North Concord Meter Station did not commence until April 1, 1987 due to the need to adj ust the 1 ocati on of the stati on to avoi d a conflict with an existing 10-inch Southern Pacific high pressure (SPHP) fuel line. Since work could not proceed during the winter, the District and the contractor mutually agreed to delay the original project completion date from December 31,1986 to July 1,1987. REVIEWED AND RECOMMENDED FOR BOARD ACTION RSK JSM RAB INITIATING OEPT.lOIV. .~ '11/ fJfF SUBJECT ACCEPT THE CONTRACT WORK FOR THE CONCORD REVENUE METERS PROJECT, CONCORD (DP 20013) AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION POSITION PAPER PAGE 2 OF 2 DATE November 25, 1987 Since the SPHP fuel pipe1 ine was discovered to be closer to the proposed North Concord Meter Stati on than was anti ci pated, a sol di er pil e and 1 aggi ng shori ng system was required in lieu of the previously planned sheet pile system to minimize the potential for fuel 1 ine fail ure. The revised shoring system and subsequent delays by P.G. & E. in constructing permanent electrical power service to the North Meter Station resulted in the District extending the project completion date to October 9, 1987. All contract work was substantially completed by October 9, 1987. It is appropri ate to accept the contract work at thi s time. The proj ect has experienced a budget overrun due primarily to the extra cost of the more expensive shoring system and electric power service. The Board was advised of the budget problems at the June 18, 1987 meeting. A detailed accounting of the project costs will be provided to the Board at the time of project closeout. RECOMMENDATION: Accept the contract work for the constructi on of the Concord Revenue Meters Project, Concord (DP 20013) and authorize the filing of the Notice of Campl eti on. 13028-9/85 . Centrl Contra Costa Sanitar District . BOARD OF DIRECTORS PAGE 1 OF 7 POSITION PAPER BOARD MEETING OF December 3, 1987 NO. IV. DATE Novanber 24 1 TYPE OF ACTION CONSENT CALENDAR 6 SUBJECT ADOPT REVISED Q.ASS DESCRIPTION FOR ENGINEERING ASSISTANT PERSONNEL SUBMITTED BY INITIATING DEPT./DIV. Cathryn Radin Freitas, Personnel Officer Administrative ISSUE: Changes to a class description require Board adoption. BACKGROUND: As you may recall, Mr. Ed Bokinskie, Engineering Assistant, refused to sign his 1986 Conflict of Interest statanent pending court order. Among his stated reasons for this refusal were that he was inappropriately classified and his work did not pl ace him in potential confl ict of interest situations. Following prosecution by the District Attorney, Mr. Bokinskie filed his Conflict of Interest statanent. In order to determi ne if Mr. Boki nski e' s cl aim of improper classification had merit, District staff engaged Ralph Andersen & Associates, the classification specialists who wrote the District's classification plan, to audit the Engineering Assistant position. Their report is attached for your reference (Attachment A). The Andersen report i ndi cates the cl ass descri pti on was outdated and they have revised it for your consideration (Attachment B). It has been approximately five years si nce the descri pti on was establ i shed and over the years some duti es have been added (porti ons underl i ned) whi 1 e others were del eted (noted by sl ashmarks) with the development of new methods and procedures. The changes are with i n the level and scope of responsibilities of the Engineering Assistant position. Additionally, the consultants investigated if the position duties could be reassigned to exclude it from falling under the definition of positions involving potenti al confl icts of interest. Upon close exami nati on, Ral ph Andersen found that the positi on cannot be restructured given its I'important functi on with i n the District's inspection activities." Accordingly, the position of Engineering Assistant ranains on the list of Designated Positions and Disclosure Categories of the Di stri ct Confl ict of Interest Code and Mr. Boki nski e will be requi red to submit a Conflict of Interest statanent for 1987. RECOMMENDATION: It is recommended that the Board of Directors adopt the attached class description for Engineering Assistant, effective December 4, 1987. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. 1lf5J RAB 1302,..9/85 ATTACHMENT A (~ Ralph Andersen & Associates 1446 EthanWay Suite 101 Sacramento. CA95825 (916) 929-5575 3860 West Northwest Highway Suite 230 Dallas, TX 75220 (214) 956.7097 November 10, 1987 TO: Paul Morsen, Deputy General Manager Cathryn Freitas, Personnel Director Central Contra Costa Sanitary District FROM: Rick Dixon, Senior Consultant Ralph Andersen & Associates Audit of the Position of Engineering Assistant held by Ed Bokinski SUBJECT: As you have requested, we have reviewed the Engineering Assistant position held by Ed Bokinski in order to assess its correct classi- fication, as well as the possibilities of reorganizing it to exclude it from the necessity of signing a conflict of interest statement. The review process included the following steps: . Comp 1 et i on of a job ana lys i s quest i onna i re by the incumbent describing the duties and responsibilities assigned to the position . Review of the job analysis questionnaire and background mater- ials including organizational charts and salary documents by the project consultant . Discussions with District management staff and the incumbent's supervisor regarding the position's duties and responsibilities . Conduct of a job analysis interview with the position incum- bent to clarify the employee's classification concerns, as well as the duties and responsibilities assigned to the posi- tion. Based upon the information acquired through the steps listed above, a set of findings and recommendations have been developed and docu- mented in the following sections of this memorandum report. Paul Morsen Cathryn Freitas Central Contra Costa Sanitary District Page Two JOB ANALYSIS FINDINGS The duties and responsibilities assigned to the position consist of a variety of routine office and technical engineering work. These duties include: . Maintaining inspection related files . Researching and providing information to other District employees and to outside contractors and engineers . Participating in the coordination of inspection activities. The class description has been revised to more accurately reflect Mr. Bokinski's duties. RECOMMENDATIONS It is recommended that the District adopt the attached class description as revised. With reference to the possibilities of reorganizing the position to exclude it from the necessity of signing a confl ict of interest statement, the audit also indicates that it would be relatively impossible and impractical to reorganize the position. The Department's management and supervisory staff have indicated that the position does perform an important function within the District's inspection activities. In terms of the position coming under the conflict of interest code, it is our experience that typically a requirement for a class applies to all positions in that class. However, we would recommend that if there is a question regarding this requirement, that it be referred to legal staff to identify legal precedents regarding this set of circumstances. ATTACHMENT B CENTRAl CONTRA COSTA SANITARY DISTRICT Effective: Range: G-69 ENGINEERING ASSISTANT DEFINITION Perform special ized, technical field, and/or office engineering work which may, as assigned, involve reviewing plans using established review criteria, performing moderately complex design work, monitoring and administering outsi de engi neeri ng or constructi on contracts, and conducti ng a vari ety of special engineering and/or planning studies; inspect construction work performed on District structures, materials, instruments, and appurtenances as assi gned. DISTINGUISHING CHARACTERISTICS This is a specialized, advanced engineering class which recognizes work requiring significant technical skills and knowledge. Positions assigned to the class of Engineering Assistant work with a minimum degree of super- vision, using establ ished procedures, guidel ines, and District pol icies. Work may i nvol ve moderatel y compl ex desi gn work, research on a vari ety of District projects, contract administration, and/or development plan review and comment, using established review criteria. SUPERVISION RECEIVED AND EXERCISED Receive direction from higher level professional or management staff. May exercise technical or functional supervision over less experienced engineering personnel as assigned. EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following: As assi gned, conduct routi ne and compl ex i nspecti ons of new publ ic sewer mains and private sewer lateral construction and repairs made by contractors or other agencies; perform civil, structural, mechanical, and electrical i nspecti ons on a variety of facil iti es and constructi on proj ects; perform safety inspections as required. Assist in short and long range facilities and financial planning. Review pl ans and specifications submitted by engineers for construction or modification of facilities; determine if plans and specifications are in compliance with District requirements and policies. Perform a variety of special projects as assigned includinQ draftinQ position papers. ~ Gather data for watershed capacity studi es and local capacity studies. CENTRAL CONTRA COSTA SANITARY DISTRICT Engineering Assistant (Continued) EXAMPL ES OF W TIES Prepare, assemble, and correlate District standards, plans and specifica- tions for District projects with project enQineerinQ staff; prepare sketches and diaQrams; desiQn sewer collection system pipelines and other types of projects and construction; prepare cost estimates schedules. Prepare clear and concise data summaries and written reports. May provide lead guidance to less experienced technical engineering personnel as assigned. Contact other utilities and agencies regarding growth in the service area. Act as, or assi st the proj ect engi neer in the areas of cost tracki ng and control, preparati on of correspondence, moni tori ng schedul es, proj ect status, and completion of as-built drawings; neQotiate contract chanQes with outside contractors; may serve in contract review and monitoring capacity as assi gned. Mai ntai n records of contract work performed on behal f of the Di stri ct as assi gned; ensure that progress payments are made and that work percentages are in accordance with contracts; maintain a varietv of related files. Catalog, review and route contract proposals, submittals, drawings, and pl ans for review, changes, and subsequent approval. Perform a variety of data collection and research requiring office and field i nv est i gati ons. Review and identify defects in sewer construction; assist in the determina- tion of District course of action. ~""pJ..,.,1 / /,4f/~f/,j / A#Y / /::PttMiNtM / 1>1 ftfl;./ /;rjc1 / ~;ffif:talrl1f9tY=1 / , pr / /9r"vr9tl P"'~J~tt~/~Jt~/p.,.~f~tt/~p~r~~~~f~~/~~;ff. Respond to inquiries and requests; prepare letters and other forms of correspondence. Perform related duties as required. When assiQned to the Inspections Office: Process and route pl ans submitted by engi neers for the constructi on and modification of facilities. Research, compile and relay information reQardinQ inspection activities to outside contractors and other District staff. CENTRAl CONTRA mSTA S~ITARY DISTRICT Engineering Assistant (Continued) EXAM ES OF IlJTIES (Conti nued) Perform a variety of special projects as assiQned: collect and orQanize data and back-up materi al sin conj uncti on with i nspecti on studi es and reports. Respond to a variety of technical and routine inQuiries and requests from the general public including outside contractors regarding construction plans, specifications and inspection requirements. May provide guidance to inspection personnel as assigned. Contact other agencies, developers and contractors regarding construction in the service area. Schedule and coordinate inspection of private sewer projects. Participate in coordinating inspection activities with other District staff. Maintain and process records of contract work on behalf of the District as assi gned. Perform related duties as assigned. OUALIfICATIONS Know 1 edge of: Construction practices, procedures, methods, materials, tools, equipment, and supplies, as applicable to the area of assignment. Principles and practices of engineering. Mathematics as it applies to assigned responsibilities. Methods and materi al sin the constructi on of sewer coll ecti on facll ities. Contract purposes and terminology as they apply to assigned administrative responsibilities. Pol ici es and regul ati ons governi ng the constructi on, extensi ons, and maintenance of District sewer systems and facilities. Methods and techniques of engineering, drafting, and estimating. Research and data collection methods and applications to assigned dut i es. Safety hazards and appropri ate precauti ons appl icabl e to work assi gnments. CENTRAL CONTRA CO~..1 SAN IT MY DISTRICT Engineering Assistant (Continued) Abil ity to: Conduct detailed and accurate inspections of District construction proj ects. Perform technical research and provide reliable advice on engineering prob 1 ems. Read and interpret engineering and construction plans, blueprints, and draw i ngs. Perform a vari ety of contract moni tori ng and admi ni strati on functi ons, as ass i gne d. Enforce District policies and appropriate state and federal laws, codes, and regulations. Use a variety of graphics tools and materials. Perform engineering calculations with speed and accuracy. Maintain a variety of reports, files, and engineering records. Use and care for engineering and drafting instruments and equipment. Perform assigned duties with a significant degree of independence. Respond effectively to engineering questions and inquiries. Provide training and lead guidance to less experienced technical engineering staff as assigned. Learn and observe all appropriate safety precautions as required by the District including, but not limited to, Gal/OSHA General Industry Safety Orders and the District's Respiratory Protection Program. Experience and Education Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abllitieswould be: Experience: Five years of experience in technical engineering work. Educati on: Equivalent to possession of an A.S. degree in engineering or closely related field. Licenses and Certificates Possession of a valid California Driver's License. . Central ~ontra Costa Sanitary ..,istrict BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF December 3, 1987 NO. V. ADMINISTRATIVE 1 SUBJECT ADOPT A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES, OF THE DISTRICT CONFLICT OF INTEREST CODE DATE November 20, 1987 TYPE OF ACTION ADOPT RESOLUTION AMENDING CONFLICT OF INTEREST CODE SUBMITTED BY Joyce E. McMillan Secretary of the District INITIATING DEPT./DIV. Administrative ISSUE: A need exists to update the designated positions contained in Exhibit A of the District's Conflict of Interest Code. BACKGROUND: Since the Central Contra Costa Sanitary District Confl ict of Interest Code was adopted in 1976, the District has undergone organizational changes resulting from District growth and centralization of functions. In some cases, responsibilities of various positions in the District change with regard to discretionary duties and decision making which could foreseeably have material effect on a financial interest. For that reason, it has been the practice of the District to review the designated positions on an annual basis and to amend the District Conflict of Interest Code as necessitated by any changed circumstances, including the creation of new positions and relevant changes in the duties assigned to existing positions. Exhibit A, Designated Positions and Disclosure Categories of the District Conflict of Interest Code, was reviewed by staff and amendments have been proposed to reflect the current responsibil ities. It is recommended that the position of Field Operations Superintendent be added to the list of designated positions and that the positions of Accounting Supervisor, Electrical Shop Supervisor, Instrument Shop Supervisor, Mechanical Maintenance Supervisor, Machine Shop Supervisor, Building and Grounds Supervisor, Pumping Stations Supervisor, Maintenance Safety Specialist, and Senior Chemist be deleted from that list. If the Board approves the proposed amendment to Exhibit A of the District Conflict of Interest Code, it must then be submitted to the Board of Supervisors, the code reviewing body. The amendment takes effect upon its approval by the Board of Supervisors. RECOMMENDATION: Review and approve amendment to Exhibit A, Designated Positions and Disclosure Categories of the Central Contra Costa Sanitary District Conflict of Interest Code, adopt a resolution to that effect, and authorize the Secretary of the District to submit a copy of said code amendment to the Contra Costa County Board of Supervisors for approval. REVIEWED AND RECOMMENDED FOR BOARD ACTION JEM JH h: ENG. ROGER J. DOLAN INITIATING DEPT./DIV. (I ~ fYL , .-r LA 1302A-9/85 RESOLUTION NO. 87- A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES, OF THE CCCSD CONFLICT OF INTEREST CODE WHEREAS, Section 2.20.020 of the Code of the Central Contra Costa . Sanitary District provides that the Board of Directors shall from time to time establish by resolution designated positions of officers and employees deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT Exhibit A, Designated Positions and Disclosure Categories, of the Code entitled "Conflict of Interest Code, Central Contra Costa Sanitary District," a copy of which is attached hereto and by reference incorporated herein, is hereby approved and adopted for the District, subject to the approval thereof by the Board of Supervisors of the County of Contra Costa; and THAT the Secretary of the District is hereby authorized and instructed to submit a copy of such Code amendment to the Board of Supervisors of the County of Contra Costa and to request said Board of Supervisors to approve said Code amendment in accordance with Government Code Section 87303. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 3rd day of December 1987 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: James L. Haza rd District Counsel EXHIBIT "A" DesiQnated Positions Disclosure Categories 1. Di rector 2. General Manager-Chief Engineer 3. Secretary of the District 4. Counsel for the District 5. Manager 6. Finance Officer 7. Consultant 8. Control Systems Engineer 9. Real Property Specialist 10. Permit and Services Technician 11. Principal Engineer 12. Senior Engineer 13. Associate Engineer 14. Survey Party Chief 15. Senior Engineering Assistant 16. Engineering Assistant 17. Engineering Support Supervisor 18. Senior Construction Inspector 19. CSO Inspection Supervisor 20. Survey Supervisor 21. Construction Inspector 22. Source Control Specialist 23. Wastewater Control Technician 24. Buyer 25. Senior Materials Coordinator 26. Plant Operations Superintendent 27. Collection System Superintendent 28. Field Operations Superintendent 29. Plant Maintenance Superintendent 30. Laboratory Superintendent 31. Pumping Stations Superintendent 32. Vehicle Maintenance Supervisor 33. Maintenance Supervisor A,B,C,D,E,F,G,H A,B,C,D,E,F,G,H A,B,C,D,E,F,G,H A,B,C,D,E,F,G,H A,B,C,D,E,F,G,H A,B,C,D,E,F,G,H A,B,C,D,E,F,G,H A,B,C,D,E,F,G,H A,B,C,D,E,F,G,H A,B,C,D,E,F,G,H B,C,D,E,F,G,H B,C,D,E,F,G,H B,C,D,E,F,G,H B,C,D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H Category Index A Investments B Interests in Real Property C Investments in Real Property and Investments Hel d by Business Entities or Trusts D Income (Other than Gifts or Loans) E Income (Loan) F Income (Gifts) G Business Positions H Income and Loans to Business Entities . Central ~ontra Costa Sanitary llJistrict BOARD OF DIRECTORS PAGE OF 5 POSITION PAPER BOARD MEETING OF December 3, 1987 NO. VI. ENGINEERING 1 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS. APPROVE AN ALLOCATION OF $166,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR DESIGN AND EASEMENT ACQUISITION FOR THE I680/SR24 SEWER RELOCATIONS PROJECT, (DP 4428) DATE November 25, 1987 TYPE OF ACTION AUTHORIZE AGREEMENT APPROVE ALLOCATION OF FUNDS SUBMIf~'W ~Y. Pilecki Associate Engineer INITIAJING. DEPT./DIV. ~nglneerlng Department Engineering Division ISSUE: Board authorization is required for the General Manager-Chief Engineer to execute professional services agreements greater than $50,000 and to allocate Program Contingency Funds for new projects in excess of $25,000. BACKGROUND: Caltrans has initiated design of the first unit of the I680/SR24 Interchange expansion. The first unit will consist of lane widening between Newell Avenue and Rudgear Road. To accommodate the proposed widening, 2,000 feet of 36-inch sewer in South Main, 300 feet of 8-inch sewer serving Cross Creek, and several manholes will have to be relocated (see Figure 1). Caltrans has directed the District to relocate these sewers (Attachment 1). An additional 1475 feet of 18 and 36-inch corrugated metal sewer pipe will also be replaced due to its deteriorated condition. Plans and specifications for the relocation are to be submitted to Caltrans for approval by February 1, 1988. The construction of the relocations must be completed by September 1988 to meet Caltrans' schedule requirements. To meet the short schedule, staff proposes to retain a consulting engineering firm to prepare a portion of the plans and technical specifications. A cost reimbursement contract with a cost ceiling of $66,900 has been negotiated with the engineering firm of John Carollo Engineers (JCE) of Walnut Creek. JCE was selected because of its design experience and ability to meet Caltrans' schedule. JCE will prepare detailed plans and specifications for the relocations. The design budget for the relocations is $191,000 as shown in Attachment 2. The predesign level total project cost is estimated to be $1,420,000. Caltrans has accelerated the schedule for this project; thus, funds were not included in the Capital Improvement Budget. Funds will be allocated from the Collection System Program Contingency Account. Funding for construction will be requested at the 6 month Capital Improvement Budget Update. Caltrans reimburses in arrears, so the Board must authorize funds for the project even though Caltrans will eventually compensate the District for those costs attributable to the I680/SR24 Interchange expansion. All costs incurred by the District will be reimbursed by Caltrans except for those costs for replacement of the deteriorated corrugated metal pipe. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 TJP DRW RAB t)14J SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS. APPROVE AN ALLOCATION OF $166,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR DESIGN AND EASEMENT ACQUISITION FOR THE I680/SR24 SEWER RELOCATIONS PROJECT, (DP 4428) POSITION PAPER PAGE 2 OF 5 DATE November 25, 1987 RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an agreement with John Carollo Engineers. Approve an allocation of $166,000 from the Collection System Program Contingency Account for design and easement acquisition for the I680/SR24 Sewer Relocations Project, DP 4428. --------- 13028-9/85 - ~ 0> iI: , , ..... .... , ~ C , Q) , (l) I (/) E ':::: '-.0 @J .~ '''''''0,# Q) '("1') I (I) .; ",..;'" 0 ! c~ 0 , o Q) , .- Q) -/ - ..... c., Ou Q): () 0- ~~ ,,;') _:J Q) C " Z... 0:::- IC i. ./1, ~ <(/) ..... ,0 .. '~II"_,S~ ~O ~ :.- j $~6' IV ,.... I~"'J ~O C 0 ~ 0 Q) U (/) 0 0 I "1.-.... ~ :E 0 I' "'.... N - o:::=: CD (/) :J ~ (:)0 .. co(/) ~ -0 .:1 Q) ,~ U) ..,.~ ~ #~",," :::: ".~ --0 ) C") "tJ Q) en +~.. 0 ,)- ......~. 0. , ~.. 0 2; to- Z .. tlcw "- CO w::E N ;=w oqo wC.) I. oqo (1):5 I I.. l- I loll U... .... a. ....1. I 0 . 1 ~I \n -(/) COW I ~O Q) I 1111 1 ,..a: 111:1 I. ~O "- ~\ I 0 ~I I 0 .. 1 I 0.. I I I I .... I I 0 I I I I I- I .. I I .... I I en I I .- I I 0 I I I I , I I fHI IS~I fg~1 I 1 5 I I I I (/) I I "" .., Ig~' I I ~... 0 U , I' I U I. "...... I ~(/) ~ .... -. I .., ......:. ::iO ~ ""- <0 .. I. "'C U c O~ U ~ - .., :::: ~ "- ~ C co ..... .., ~ 11 Nfl ....: ....: ~ C'" .~ ~ XQ> U w (/) (9 ATTACHMENT 1 Page 3 of 4 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Dist. 4 Countv Route ex:: 680 P.M. 11.8/ E.A. 121741 NOTICE TO OWNER Federal Aid No. No. 1 06.27. 1 Owner.s File Date: 10-30-87 DNo To: CENlRAL <INl'RA CDSTA SANITARY DISl'Rlcr 5019 Imhoff Place Martinez, CA 94553 NOV 10 1987 CCCSD ENGINEERING Because of the State Highway Construction on 4-OC-680. PM 11. a/13 _ 7. in Walnut r.r~lc. fran Newell Avenue Urrlercrossing l. city limit line ~th of Rudgear Road, widen freeway to 8 lanes which affects your following described facilities: 36" sewer main left of Freeway Station A4N 673+30:t to A4N 682+30:t. 36" sewer main along South Main street Station FBl 26+00:t to FBl 31 +50:t. 8" sewer main 120' left of Freeway Station 69S+50:t to 70' left of A4N 698+00:t. Sewer manhole right of Freeway Station A4N 690+S0:t. you are hereby ordered to: Prep:rre relocation plans. Your work schedule shall be as follows: Subnit relocation plans for State's approval by February 1, 1988. Notify Tel. # prior to initiai start of work, and additional subsequent starts when work schedule is interrupted. Liability is at st...ate' s expense pursuant to Section 703 of the Streets and High~...3.Ys Cede since the publiclY-CMl1ed sewer is located within the State freeway right of way. Hours hours notification for Copi.,. to: 0..'"", (while) 2 Resident Enl':i....."(white) ....nnit. (!:,een' Oiv. R/W (pi....) Off....... ropy (yrllowl BURCH C. BACHTOLD . ; ~. By Distric~ Direct~r df:J~ ,4 CHARD HONG THIS NOTICE DOES NOT CONSTlnTTE A PERMIT. OBTAIN ENCROACHMEI'lT PERMIT BEFORE STARTINC WORK. OU."". u.i/.." Cuordin4.ar ~. ..... R/W 05-1 KXTOWOs.- Attachment 2 Page 4 of 4 I680/SR24 SEWER RELOCATIONS1 (DP 4428) ESTIMATED COST TO DESIGN Contingency (3) $ 66,900 9,000 10 , 500 35,400 5,500 4,000 4,700 2,400 8,500 12,000 158,900 32,100 191 ,000 (25,000) $166,000 John Carollo Engineers Soils Consultant District Forces Cap~citr2,nd Routing Analysis Des1gn Survey Potholing Prepare Base Maps Coordination W/Caltrans Project Management R/W Acquisition/Legal Subtotal Total Cost Previous Contingency Allocation by General Manager-Chief Engineer Requested Allocation from Program Contingency (1) Predesign level total project cost is estimated at $1,420,000 with a confidence level of +25%. (2) District forces will direct the consultant's work, provide utility research and coordination, permit acquisition, contract document preparation, printing, advertising, addendum preparation and design review. (3) If necessary, District staff will use this contingency to issue contract change orders to John Carollo Engineers and the soils consultant to expand their scope of work or to fund additional force account work.