HomeMy WebLinkAboutItem 6.2 Agreement for Collection/Disposal Service Sao
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 24, 1986
SUBJECT Solid Waste Management Ordinance and Agreement for
Collection/Disposal Services
EXHIBITS ATTACHED 1) Ordinance Regulating Solid Waste Management
2 ) Resolution adopting Agreement
3 ) Resolution establishing Collection Cost Schedule
4 ) Resolution Relating to Approval of Joint Solid
Waste Agreement
5 ) Resolution Approving Letter of Intent Between City
of Dublin- and Oakland Scavenger Company
RECOMMENDATION Open Public Hearing; Receive Staff Report; receive
public testimony; close public hearing; deliberate .
1) Waive reading and introduce Ordinance 2 ) Determine
Franchise Fee and insert the amount in Section 3 . 6 of
the Agreement 3 ) Based on the Franchise Fee Imposed
select either Exhibit A or Exhibit A. 1 in Number 3
•. above 4 ) Adopt Resolutions 5) Provide Staff
direction on development of Recycling Facility and
Transporter Permit Fees .
FINANCIAL STATEMENT: If the City Council adopts a franchise fee equivalent
to 7 . 6%, the same level of garbage services will be provided to residential
customers at no additional cost, and to commercial customers at a reduced
cost .
. If the City Council adopts a franchise fee equivalent to 6 . 8% , the same
level of garbage services will be provided to residential and commercial
customers at a reduced cost.
Estimated Annual City Franchise Fees
Exhibit A - 7 . 6% Fee Exhibit A. 1 - 6 . 8% Fee
$90, 000 $81, 000
DESCRIPTION On December 9, 1985, the City Council directed Staff
to negotiate a garbage services agreement and ordinance with Oakland
Scavenger Company based on its proposal of December 2 , 1985 . City Staff and
the Deputy City Attorney have met with representatives of Oakland Scavenger
Company and their Legal Counsel to develop the attached Ordinance and
Proposed Agreements .
Ordinance
The regulation of Solid Waste Management is authorized through various
sections of the California Government Code. Oakland Scavenger Company has
been involved in a lengthy process of developing a model Ordinance with the
cities in the Tri-City area. This Ordinance was utilized as the basis for
developing an Ordinance applicable to the City of Dublin. The Ordinance
defines the provisions under which Solid Waste Collection and Removal will
be carried out in the City of Dublin. This Ordinance also includes
provisions which were not previously contained in the Dublin San Ramon
Services District Ordinances as a result of changing laws and alterations in
the method of providing this type of service. The Ordinance contains
provisions to allow the County Health Officer to have the power to enforce
these sections of the City Ordinance . This assists the County Health
Officer in having specific legislation under which citation and enforcement
can take place when a violation occurs .
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COPIES TO:
ITEM N0.
N.
4
Page 2
The provisions of the Ordinance provide for the option of the City to enter
into an exclusive franchise agreement for the collection and removal of
solid waste within the City. Specific exceptions are provided under Article
3 of the Proposed Ordinance (Pages 5-6 ) Materials which are separated for
recycling, demolition debris, items handled by a junk dealer, and garden
trimmings, are among the items allowed as exceptions to the franchise.
Also, a residential waste generator may remove their own solid waste or
recycleable materials, provided that they are not removing waste from more
than one residental unit . The Legal Counsel representing Oakland Scavenger
Company has indicated that specific exceptions and exemptions to the
franchise are necessary given some of the recent antitrust litigation.
These exceptions assist in defining the specific role of the franchisee and
assure that waste collection will be conducted in an appropriate manner
throughout the City.
The Proposed Ordinance contains provisions in Articles 4 and 6 regulating
the operation of a recycling facility and a recycling transporter . The
purpose of these provisions is to reduce • the opportunity for a waste
collection firm to operate under the guise of a recycling firm in violation
of the ordinance. If adaquate controls are not available, it is possible
for a firm to remove waste under the provisions that they are a recycling
entity, regardless of their intent to salvage the materials . If this is
allowed '�to occur, the community at large may be impacted through the loss of
waste collection revenues which should be handled under the Franchise
Agreement. In addition, the City would not be collecting franchise fees on
those solid wastes which were not removed pursuant to the Franchise
Agreement. Therefore, this section requires that recycling must be done
pursuant to certain conditions . For example, the materials must be source
separated and stored in a specific manner.
Currently recycling facilities require a Land Use Permit in order to operate
within the City of Dublin. Staff does not feel that the information
collected under the recycling facility permits would be substantially
different than information collected for the Conditional Use Permit.
Therefore, these two functions could be processed simultaneously. It is
recommended that the City Council direct Staff to prepare an Amendment to
the Resolution which allowed non-profit Dublin based organizations to a
waiver of specific fees, which would also exempt them from any fees for a
recycling facility permit. Oakland Scavenger Company indicated that many of
the yellow paper bins are actually operated through their company and
therefore would be considered a part of their Franchise Agreement and a
separate recycling transporter permit would not need to be issued to them.
Staff would also need to prepare a fee schedule for the annual recycling
transporter permit, should the City Council desire to impose such a fee .
Agreement
The Agreement reflects the specific responsiblities of both Oakland
Scavenger Company and the City of Dublin in providing Solid Waste Refuse
Collection . The Agreement is an exclusive franchise for a period of ten
years which will begin on the first day of April, 1986 . Also, the Agreement
contains provisions for an extension beyond the ten year period.
Establishment of Rates
The Agreement contains provisions for establishing rates through the Refuse
Rate Review Committee (RRRC) . This Committee is established with
representatives of various public agencies currently serviced by Oakland
Scavenger Company (OSC) . The RRRC has utilized the firm of Price Waterhouse
to evaluate rate proposals and determine a reasonable return on investment.
As noted by the report conducted by Hughes, Heiss and Associates for the
City of Dublin, membership on the RRRC is an advantage to the agency. The
joint action of mulitple agencies increases the leverage in negotiating with
the Solid Waste Collection Company and also creates an efficient manner in
which to review proposed rate increases .
Page 3
Staff has attached a copy of a Resolution approving the Joint Solid Waste
Committee Agreement. The Joint Refuse Rate Review Committee acts as a
Technical Advisory Committee to the members served by Oakl.and Scavenger
Company. The Committee reviews the data with an independent consultant, and
then prepares recommendations to the elected officials for their action. It
is recommended that the City Council authorize the approval of the agreement
establishing the Joint Solid Waste Committee. Since this agreement was
originally drafted in 1972, an amendment was made in 1979 to allow for
waiver of payment for costs incurred on prior special refuse rate studies .
The City should request a waiver pursuant to the amended agreement. Staff
does not anticipate any difficulties with this request from the Refuse Rate
Review Committee. These were the same conditions in which the Dublin San
Ramon Services District joined the RRRC in 1979 .
On Page 13 , Section 3 . 6, provisions are made 'for the collection of the
franchise fee. The DSRSD agreement levies a 7 . 6% franchise fee . Assuming
that the City maintained this franchise fee, Oakland Scavenger estimates the
City' s annual franchise fees ' would be $90 , 000 . Staff has reviewed the
franchise fees levied by 11 agencies currently serviced by Oakland Scavenger
Company. Among the 11 agencies that currently levy on a percentage basis ,
the average franchise fee collected is approximately 8 . 8% . Of the agencies
surveyed, 7 levied a 10% franchise fee .._ If the City of Dublin continued to __,
levy a 7. 6% franchise fee, it would continue to be more than 1% below the
average and would be able to continue to maintain rates consistent with
those imposed by Dublin San Ramon Services District. Any increase or
decrease in the franchise fee will affect the rates charged for refuse
collection services .
In July, 1985, the study conducted by the Joint Refuse Rate Review Committee
indicated that a rate reduction was possible . It was recommended than an
11% decrease be provided on the commercial rate. The policy of the RRRC was
to reduce the level of "Commercial Subsidy" of the residential rate
structure by commercial customers . The Dublin San Ramon Services District
Board of Directors elected to not implement the 11% decrease effective
July 1, 1985 . They indicated at that time that they were uncertain as to
the direction the cities would be proceeding and did not desire to implement
a rate change at that time . Staff would recommend that the City Council
implement the reduction in commercial rates . It should be noted that in
addition to being a benefit to the traditional commercial users, the rate
also will affect residential customers who request bin service for large
accumulations . Under the DSRSD fee structure, the cost per cubic yard for
large accumulations was $4 . 75 . With the implementation of the 11% decrease,
the rate would be $4 . 25 . This is a direct benefit to the consumers of the
City of Dublin. Staff has prepared a resolution which outlines the fee
structure implementing the 11% decrease and implements a 7 . 6% franchise fee,
which is shown in Exhibit A to the Resolution Establishing a Schedule of
Service Rates . Exhibit A. 1 indicates a rate structure with a 6 . 8% franchise
fee. These rates provide for 2 annual residential clean-ups . Oakland
Scavenger Company will inform the residents of the dates of these special
pick ups and the limitations which must be followed.
Letter of Intent
Due to the DSRSD decision to refrain from implementing a rate decrease in
July, 1985, additional funds will be flowing to Oakland Scavenger Company
which would not have occurred had the rate reduction been implemented.
Oakland Scavenger Company estimates that these additional funds will amount
to approximately $77 , 000 . This figure represents an estimate of the funds
received by Oakland Scavenger Company between the period of July 1, 1985 and
March 31, 1986, had the 11% rate reduction in commercial rates taken place.
Representatives from OSC have indicated agreement with Staff that these
funds should not accrue to the benefit of either the company or rate payers
in their other franchise areas . Therefore, it is proposed that OSC
determine the precise amount of funds and present a proposal to the RRRC to
protect these funds for use within the community in which they have been
generated. Staff would propose that the funds be utilized to perform an
additional 2 special residential clean-ups each year until such time as the
funds are no longer available .
Page 4
In the past, the District has provided for 4 residential clean-ups each
year. Two of these clean-ups are included in the rate base, as proposed
with the City Agreement. However, DSRSD has paid directly for the
additional 2 clean-ups out of special funds received as a result of the
importation of San Francisco waste into the Altamont Landfill . The City is
not a party to that agreement and is not assured of the use of the funds .
In their proposal submitted on December 2, 1985, OSC indicated that the
costs for 2 additional clean-ups would be $8, 000 each. Their
representatives have indicated a willingness to maintain that cost figure
for the first 2 clean-ups paid for by the City of Dublin. It is recognized
that in the future, due to inflationary increases and a growth in the number
of residences that this cost will most likely increase . Without including
any of the inflationary factors, the City would have funds available to
provide approximately 9 additional clean-ups . , It is recognized that the
precise number cannot be determined at this time due to inflationary factors
and until all receipts for the period ending March 31, 1986 are obtained by
OSC.
Staff has prepared a resolution approving a letter of intent between the
City of Dublin and OSC. This document outlines the intent of the 2 parties
to reserve these monies for the use outlined above. Once the specific
amounts tare determined and reviewed by --the RRRC, the City could then enter
into a formal written agreement with OSC, based on this letter of intent .
Staff would recommend that the City Council approve the resolution and
authorize the Mayor to execute the letter of intent.
Staff recommends that following the public hearing, the City Council
deliberate and introduce the ordinance. Prior to adopting the resolutions,
Staff would request that the City Council designate a franchise fee to be
inserted on Page 13 of the Agreement with OSC. Based on the Franchise Fee
selected, the City Council should them specifically designate the use of
either Exhibit A or Exhibit A. 1, in the Resolution Establishing A Schedule
of Service Rates . Following adoption of the proposed resolutions , Staff
requests that the City Council provide direction on desired modifications to
the resolution exempting non-profit organizations from specific fees.
s
ORDINANCE NO. - 86
AN ORDINANCE OF THE CITY OF DUBLIN
REGULATING SOLID WASTE MANAGEMENT
THE CITY AND COUNCIL of the City of Dublin thus ordain as
follows:
SECTION 1 . LEGISLATIVE FINDINGS AND DECLARATION.
1 . The provision of adequate and reliable solid waste
management services is essential to the preservation of the
health , safety, and well-being of residents of the City.
2. The State of California has found and declared that the
rapidly increasing volume of solid waste resulting from
population growth, industrial expansion and other factors compels
an organized and comprehensive approach to solid waste management
( Cal . Gov. Code Section 66701 , 66702) .
3. As an essential part of the State' s comprehensive
program for solid waste management and for the preservation of
the health, safety, and well-being of the public, the State of
California has declared that it is in the public interest that
local public agencies make adequate provisions for solid waste
handling and , pursuant to those State policies, has expressly
authorized the City to make such provisions (Cal. Gov . Code
Sections 66755, 66756) .
4. The State of California has expressly recognized that
the City may determine all aspects of solid waste handling which
are of local concern, including , but not limited to, frequency of
collection, means of collection and transportation , level of
services , charges and fees , nature, location, and extent of
providing solid waste handling services, and has expressly
declared that the City may determine whether any such services
are to be provided by means of exclusive or non-exclusive
frnachises, contracts, licenses, permits, or other means and that
the City may grant to other authority to provide solid waste
handling services under such terms and conditions as the City may
prescribe (Cal . Gov. Code Section 66756, 66757) .
5. The City desires to establish an exclusive franchise
system providing for the rate-regulated collection and disposal
of solid waste.
6. Use of an exclusive franchise for the handling of solid
waste generated in the City is an appropriate and desirable means
to provide for the public health, safety, and well-being , and the
efficient and orderly collection and disposal of all such waste
( Cal . Gov. Code Section 66757(b ) ) .
SECTION 2. CITY OF DUBLIN SOLID WASTE ORDINANCE.
The City Council enacts the following ordinance:
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ARTICLE 1
GENERAL PROVISIONS AND DEFINITIONS
SECTION 5-100. CITATION OF CHAPTER. This chapter may be
referred to and cited as the Solid Waste Management Ordinance of
the City of Dublin.
SECTION 5-101 . DECLARATION OF POLICY. The management of
solid waste is a matter of great importance to the City, and its
citizens, visitors, property-owners and businesses. The City has
found that the public health , safety, and well-being require that
the generation, accumulation, handling , collection, transporta-
tion, conversion and disposal of solid waste be controlled and
regulated by the City through the comprehensive system provided
in this chapter. The establishment and maintenance of this system
will benefit the City and all its citizens, visitors, property-
owners and businesses apart from and in addition to individual
use . The system seeks to maintain a readily available solid
waste disposal service which the City wants to be reliable ,
clean, efficient and economical . The system will help to reduce
the harboring and breeding of rodents and insects, to reduce the
spread of disease, and to prevent pollution and other unsightly
degradation of the environment. The comprehensive solid waste
management system provided in this chapter is found to be in the
public interest. -
SECTION 5-102. DECLARATION OF PURPOSE AND OBJECT. The
purpose and object of this chapter are to accomplish the fore-
going results, and the provisions thereof shall be construed to
give full effect to the accomplishment of such purpose and
object.
SECTION 5-103. DEFINITIONS. For the purposes of this
chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
(a) "Collection" shall mean the removal and transportation
of solid waste by the collector from the place of delivery to a
disposal facility approved under the collector' s agreement with
the City.
(b) "Collector" shall mean that person or business having
an exclusive franchise agreement with the City granting to him or
it the exclusive privilege of collecting or causing to be
collected or transported for a fee any solid waste within the
City or any portion thereof.
( c ) "Delivery" of solid waste shall be deemed to occur when
solid waste is deposited in a receptacle or at a location that is
designated for collection pursant to this chapter, or is other-
wise discarded.
(d) "Demolition Debris" shall mean used construction
materials removed from a site during the razing or renovation of
a structure as part of a total service offered by a duly licensed
demolition contractor (C-21 license) .
(e) "Director" shall mean the City Manager or the designee
of the City Manager.
( f) "Hazardous Waste" shall mean any waste now or hereafter
classified as hazardous pursuant to applicable federal , state or
local law.
(g ) "Junk Dealers" shall mean a person who lawfully, and in
accordance with all local ordinances, collects or purchases used
articles for purposes of restoration or resale, including antique
dealers, used building supply dealers, and automobile salvagers.
This definition does not include a person who collects or accepts
solid waste for recycling after source separation.
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( h) "Recycling" shall mean the process of treating and
reconstituting solid waste for the purpose of using the altered
form. The collection, handling , transfer or disposal of solid
waste not source separated or not intended for or capable of
recycling is not "recycling" within the meaning of this chapter.
Putrescible solid waste (except animal wastes or remains for use
only as tallow) is rebuttably presumed to be not capable of being
recycled. "Recycling" also does not include the processing or
use of solid waste for conversion to energy.
( i ) "Recycling Facility" shall mean any location, within or
without the city limits of the City, which accepts recyclable
materials that have been source separated from solid waste
generated in the City for the sole purpose of recycling as
defined herein.
(j ) "Recycling Transporter" shall mean any person who
transports source separated materials for recycling .
(k) "Solid Waste" shall mean all putrescible and nonputres-
cible solid, semi-solid and liquid wastes, including garbage ,
trash , refuse, paper, rubbish, ashes, industrial or commercial
wastes, demolition and construction wastes, discarded home and
industrial appliances, animal solid and semi-solid wastes other
than fecal matter, vegetable wastes , and other discarded solid
and semi-solid wastes, but does not include hazardous waste , as
herein defined , sewage or abandoned automobiles.
(1 ) "Source Separation" shall mean the segregation into
separate containers by the waste generator, prior to delivery, of
individual components of solid waste, such as glass bottles,
cans , newspapers, and corrugated containers, for the sole purpose
of "recycling" as defined herein.
(m) "Waste Generator" shall mean the property owner,
resident , tenant, lessee, occupant , or business which produced
the waste in the City in the first instance . This definition
excludes any person who collects from or accepts shipment of
waste from another person for the purposes of separating ,
recycling or otherwise disposing of such waste.
ARTICLE 2
SOLID WASTE ACCUMULATION, STORAGE AND DELIVERY
SECTION 5-200. SOLID WASTE SHALL BE STORED IN RECEPTACLES;
DELIVERED FOR COLLECTION ; EXEMPT ITEMS; HAZARDOUS WASTE. All
solid waste produced, deposited, kept, or accumulated upon any
lot or parcel of land, whether public or private , shall be kept
in receptacles or containers as hereinafter provided. All such
waste, in the receptacles or containers in which it is kept,
shall be delivered for collection as hereinafter provided, with
the following exceptions:
(a ) Materials source-separated for recycling ;
(b ) Lawn and garden trimmings and dead leaves removed
from a site by a gardening , landscaping , or tree trimming
contractor, as an incidental part of a total service offered by
that contractor rather than as a hauling service ;
( c) Demolition debris as defined herein which is removed in
accordance with such definition;
(d) Nonputrescible solid waste separated by the waste
generator for collection and transportation by a junk dealer, but
not as a hauling service ;
(e) Animal wastes and remains from slaughterhouses or
butcher shops for use as tallow;
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( f) Solid waste transported by the owner or occupant of any
residence to a fully licensed public disposal facility, provided
that such person may not transport solid waste from more than one
residential unit; and
(g ) Hazardous waste.
Hazardous waste shall not be delivered to the collector
under the provisions of this Article, except as the collector may
agree by a separate contract with the generator or owner of any
hazardous waste or through any further program arranged with the
legislative body having jurisdiction. Every generator, keeper,
custodian or owner of hazardous waste is , and shall remain ,
responsible for the safe disposal of such waste pursuant to
applicable law.
Every generator, keeper, custodian or. owner of material
covered by items (a ) , (b ) , ( c) , (d ) , (e ) or ( f) is, and shall
remain, responsible for its safe handling and disposal in
accordance with this chapter and with other applicable law.
Nothing herein shall prevent the collector from accepting ,
collecting or transporting material covered by items (a) , (b ) ,
(c ) , (d ) , (e ) or ( f) if delivered or otherwise offered to the
collector.
SECTION 5-201 . TYPES AND CARE OF SOLID WASTE RECEPTACLES.
Every owner, lessor, lessee, tenant, employee , or occupant
of any premises where solid waste is created , deposited, kept ,
produced, or accumulated shall provide for use upon such premises
and shall use one or more watertight , noncorrodible , nonabsorbent
and durable receptacles which shall be kept in a clean and
sanitary condition at all times . The standard size container for
residential and commercial services shall have a capacity not
exceeding 32 gallons and shall be of a design approved by the
Director, provided that receptacles of a net capacity of more
than 32 gallons may be used when approved by the Director and the
collector. When delivered for collection, no such receptacle
shall be filled so as to exceed a gross weight of 75 pounds,
including the receptacle and its contents, except for automated
container collection. The Director may establish reasonable
weight limits for safe handling of automated collection contain-
ers. The receptacle shall be kept tightly covered at all times
by a tight-fitting noncorrodible cover, except when solid waste
is being deposited therein or removed therefrom, and shall at all
times be proofed against access by flies, rodents , and animals.
SECTION 5-202. LOCATION OF SOLID WASTE RECEPTACLES. All
solid waste receptacles delivered for collection shall be placed
so as to be readily accessible for removal and emptying by the
collector, but they shall not be placed within the vehicle
traveled portion of any street, road , avenue , way or alley, or at
any location so as to constitute a nuisance. By the day after
collection, all residential collection containers must be removed
so as not to be visible from the street. Flashers shall be
required on all collection containers four cubic yards in
capacity or larger placed in the non-traveled portion of the
street for more than 24 hours.
SECTION 5-203. WASTE GENERATOR RESPONSIBLE FOR REMOVAL OF
SOLID WASTE. All solid waste created , deposited , kept, produced,
or accumulated in, on or about any dwelling., premises, lot or
parcel of land , whether public or private , shall be• delivered to
the collector, or removed by the waste generator where permitted
by Sections 5-300 and 5-301 , at least once each week or more
often if required by the Director unless and to the extent
specifically exempted in Section 5-200.
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SECTION 5-204. RESPONSIBILITY FOR PAYMENT OF SOLID WASTE
CHARGES. The waste generator shall be responsible for payment of
all charges for solid waste collection and disposal services
furnished by the collector.
SECTION 5-205. RESPONSIBILITIES OF COLLECTOR. The col-
lector shall collect all solid waste delivered to such places of
collection and at such intervals as set forth herein and shall
transfer the contents of all solid waste receptacles into the
vehicles provided therefor. The collector shall clean up any
solid .waste spilled during the collection and shall completely
empty the receptacles and replace lids.
SECTION 5-206. COLLECTOR TO GIVE INVOICES AND RECEIPTS.
The collector shall, at least quarterly, submit to every regular
customer within the City a written, dated invoice for sums
properly due and payable to the collector. In the event the
collector submits an invoice in advance of, or at the beginning of
a particular quarter, the sums due for such quarter shall not be
deemed delinquent until the expiration of the second month of
such quarter. The collector also shall , if requested by any
customer, render a written, dated receipt for any money received
by the collector from such customer on account of solid waste
collection services rendered or to be rendered.
SECTION 5-207. POINTS OF CO-LLECTING RECEPTACLES FROM - -
RESIDENCES AND COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS; TIME OF
COLLECTION. Collection from single family residences shall be
from locations determined by resolution of the City Council ;
collection from other premises shall be at places agreed upon by
negotiation between the solid waste collector and the waste
generator. All collections from residences and commercial
properties adjacent to residences shall begin not earlier than
5: 30 a .m.
ARTICLE 3
SOLID WASTE COLLECTION AND TRANSPORTATION
SECTION 5-300. EXCLUSIVE FRANCHISE FOR SOLID WASTE
COLLECTION. The City may enter into an exclusive franchise
agreement granting to one person the exclusive right to collect
or transport, or cause to be collected or transported for a fee ,
all solid waste within the City or any portion thereof, excepting
solid waste exempted from the delivery requirements by Section
5-200. Said franchise agreement shall provide detailed require-
ments for the management and disposal of solid waste in the City
and provide for regulation of the fees to be collected under the
exclusive franchise . No person other than the exclusive fran-
chisee of the City shall collect, transport or convey, or cause
or permit to be collected, transported or conveyed on any city
street, any solid waste for a fee or any consideration what-
soever, provided that:
(a ) Source separated materials for recycling may be trans-
ported by a permitted recycling transporter without fee if all
conditions of this chapter are satisfied ;
(b ) Demolition debris , as defined herein, may be trans-
ported by a duly licensed demolition contractor if all require-
ments of the license and this chapter are satisfied ;
(c) Nonputrescible solid waste separated by the waste
generator for collection by a junk dealer may be transported by
such dealer without fee if the requirements of this chapter are
satisfied and if such waste is transported in a manner which
ensures no spillage or litter of highways or city streets;
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(d) A waste generator who is the owner or occupant of any
residence may transport solid waste and source separated mate-
rials for recycling to the extent permitted by Section 5-200 and
5-301 ;
(e) Lawn and garden trimmings and dead leaves removed from
a site by a gardening , landscaping or tree trimming contractor,
as an incidental part of a total service offered by that con-
tractor rather than as a hauling service, may be transported by
that contractor if the requirements of this chapter are satisfied
and if such waste is transported in a manner which ensures no
spillage or litter of highways or city streets; and
( f) Tallow users may collect and transport animal wastes
and remains provided the permit therefor has been issued by the
Alameda County Health Officer.
SECTION 5-301 . SELF-HAULING BY WASTE. GENERATOR. Consis-
tent with Section 5-300, a waste generator who is the owner or
occupant of any residence may transport solid waste or source
separated recyclable materials generated by it only to the
following destinations, provided that such person may not trans-
port solid waste or source separated recyclable materials from
more than one residential unit:
(a) For solid waste, the designated receiving area at a
fully licensed public disposal facility;
(b ) For materials for recycling, a recycling facility
holding a permit issued under this Chapter, provided that the
material has been source separated, contains no putrescible
matter and is untainted by putrescible matter.
Such solid waste or materials for recycling may not be
permitted to leak, spill , overflow or litter upon any public
street or highway.
ARTICLE 4
RECYCLING
SECTION 5-400. SOURCE SEPARATION AND RECYCLING. Waste
generators may source separate materials for recycling from solid
waste for conveyance to duly permitted recycling facilities.
Materials source separated for recycling must be stored in
receptacles or another manner sufficient to prevent access by
rodents, insects and animals , and must be collected by licensed
recycling transporters or transported by the waste generator with
sufficient frequency so as not to create a health hazard, public
nuisance or fire hazard. Putrescible solid waste and nonputres-
cible solid waste tainted by putrescible solid waste shall be
presumed to be inappropriate for recycling , except where intended
for use and source separated for use as tallow. Nothing in this
section is intended to modify, restrict or eliminate any other
obligations, restrictions, limitations or conditions imposed upon
or applicable to any waste generator, other person, use, or
location.
SECTION 5-401 . RECYCLING TRANSPORTERS.
(a ) Permitted recycling tranporters may collect source
separated materials for recycling and transport such materials
to a recycling facility provided that no fee is charged by the
recycling transporter and both the recycling transporter and the
recycling facility have obtained any and all necessary permits
required by this chapter or by any other regulatory agency having
jurisdiction.
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(b ) A recycling transporter shall make a reasonable
inspection of everything offered or given it to assure the -
recycling transporter' s compliance with the requirements of this
chapter and with any and all conditions of its permit and other
applicable laws.
(c )- Every vehicle used by a recycling transporter to
transport source separated materials for recycling shall be
identified by its name and local business telephone number in
lettering not less than 2-1/2 inches high and, where required by
the Director, a vehicle identification number.
SECTION 5-402. RECYCLING TRANSPORTER PERMITS. No person
shall transport or convey, or cause or permit to be transported
or conveyed, source separated materials for recycling unless an
effective recycling transporter permit in writing has been issued
to the transporter, except that the waste generator may transport
source separated materials for recycling to a duly permitted
recycling facility as provided in Section 5-301 . No recycling
transporter may transport non-source separated solid waste
tainted by putrescible material .
SECTION 5-403. WHAT RECYCLING TRANSPORTER PERMIT APPLICA-
TION MUST SHOW. The application for a recycling transporter
permit must be made under oath and in writing , and it must be
signed by the applicant and must show the following : ---
(a) The name, address, and telephone number of the appli-
cant;
(b ) The type, kind and make of each vehicle to be used by
the applicant in the collection and transportation of source
separated materials for recycling ;
( c) Whether such vehicle is so constructed as to prevent
unintended loss of contents ;
(d) The type and kind of cover used for covering its
contents;
(e ) All destinations where all or part of the contents may
be left or unloaded ;
( f) The method, manner, and frequency of cleaning such
equipment;
(g ) A statement that the applicant will not attempt to
assign or transfer such permit, and that the applicant agrees to
comply with all requirements of this chapter;
( h) The description of the materials to be transported ; and
( i ) A statement that, if any of the information in the
application changes in any material respect, the applicant will
notify the Director in writing of the change or changes and will
file a new application if required by the Director.
SECTION 5-404. FILING OF RECYCLING TRANSPORTER APPLICA-
TION ; FEES. The application for a recycling transporter permit
shall be made under oath and shall be filed with the Director and
shall be accompanied by a nonrefundable application fee estab-
lished by resolution of the City Council .
SECTION 5-405. GRANTING OF RECYCLING TRANSPORTER PERMIT;
FINDINGS BY THE DIRECTOR. If the Director finds that the
application is consistent with the intent and purpose of this
chapter, the Director shall issue a permit to such applicant. If
the application is denied, the Director shall inform the appli-
cant in a dated writing which shall be mailed to the applicant' s
address shown on the application.
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SECTION 5-406. EXPIRATION OF RECYCLING TRANSPORTER PERMIT.
Each recycling transporter permit issued under this chapter shall
expire on the December 31st of the year in which issued.
SECTION 5-407. REVOCATION OF RECYCLING TRANSPORTER PERMIT.
Each recycling transporter permit shall be subject to revocation
after notice and hearing pursuant to Article 6 of this chapter,
for failure to comply with the requirements of this chapter or
with any of the conditions of such permit.
SECTION 5-408. RECYCLING FACILITY PERMITS. No person
shall operate a recycling facility unless a recycling facility
permit in writing has been issued for such facility by the
Director. The application for a recycling facility permit must
be made under oath and in writing , signed by the applicant, and
show the following :
(a) The name, address and telephone .number of the applicant
and the facility, if different;
(b) The type or types of material to be recycled ;
( c) The source or sources from which such material is to be
obtained ;
(d) The manner of transportation of such material from the
waste generator to the recycling facility;
(e) A statement that the applicant will not attempt to
assign such permit, and that the applicant agrees to comply with
all requirements of this chapter, now in force or as hereafter
amended ;
( f) A statement that no putrescible solid waste will be
accepted or received by the recycling facility, provided that
tallow users need not comply with this subsection ; and
(g ) A statement that, if any of the information in the
application changes in any material respect, the applicant will
notify the Director in writing of the change or changes and will
file a new application if required by the Director.
SECTION 5-409. FILING OF RECYCLING FACILITY APPLICATIONS;
FEES. The application for a recycling facility permit shall be
TI—led with the Director and shall be accompanied by a nonrefund-
able application fee to be established by resolution of the City
Council . The Director shall make an inspection of the recycling
facility described in the application . If the Director finds
that the application is consistent with the intent and purposes
of this chapter, the Director shall issue a permit to such
applicant for the recycling facility. If the application is
denied, the Director shall inform the applicant in a dated
writing which shall be mailed to the applicant' s address shown on
the application.
SECTION 5-410. EXPIRATION, DISPLAY OF RECYCLING FACILITY
PERMIT. The Director shall issue one recycling facility permit
for each application granted, showing the number of the permit,
the year in which it was issued, and the address of the facility.
At the discretion of the Director, the permit shall be displayed
in a conspicuous place, designated by the Director, in the
facility. However, if it is not displayed, a responsible
representative of the operator must have possession of the permit
and be capable of presenting it within a reasonable period of
time. The recycling facility permit shall expire on the December
31st following the date it was issued.
-8-
SECTION 5-411 . REVOCATION OF RECYCLING FACILITY PERMIT.
Each recycling facility permit shall be subject to revocation
after notice and hearing , pursuant to Article 6 of this chapter,
for failure to comply with the requirements of this chapter or
with the conditions of such permit.
SECTION 5-412. APPEALS PROCEDURE. Any applicant for a
permit under this Article and any person who is aggrieved by the
Director' s action on the application may have the action reviewed
by the City Council , pursuant to Section 10 of Ordinance No.
16-84.
ARTICLE 5
ENFORCEMENT
SECTION 5-500. ENFORCEMENT NEEDS. The enforcement of this
chapter is essential to the public health,, safety and well-being .
The importance of the policies which the chapter seeks to
effectuate makes necessary a range of flexible enforcement
mechanisms. The remedies provided in this Article shall be
available without prior recourse, if applicable , to the permit
revocation procedures provided in Article 6. Each of the
remedies provided in this Article shall be available in accor-
dance with the terms of its respective section without regard for
t-he availability, potential availability, or use of another
remedy or of permit revocation. The Director and the Alameda
County Health Officer may utilize other remedies not set forth in
this article.
SECTION 5-501 . ..ADMINISTRATION. The Director or the
Alameda County Health Officer shall enforce and administer all
provisions of this chapter falling under their respective
jurisdictions, and for such purpose each shall have the powers of
peace officer.
SECTION 5-502. CIVIL INJUNCTION. The Director or the
Alameda County Health Officer is authorized to seek civil
injunctive relief in any court of competent jurisdiction against
any violation or threatened violation of this chapter.
SECTION 5-503. CIVIL ACTION FOR IMPAIRMENT OF SOLID WASTE
MANAGEMENT SYSTEM REVENUES. To the extent that any violation of
this chapter has resulted in any loss of revenues to the solid
waste management system, the City may sue in any court of
competent jurisdiction to recover said revenues. "Loss of
revenues" shall include the loss of the contribution of revenues
to the regulated rate structure of the franchised solid waste
collector.
SECTION 5-504. INSPECTIONS. The Director is hereby
authorized to make such inspections and to take such actions as
may be required to enforce the provisions . of this chapter.
Specifically, the collector, as well as any recycling transporter
or the operator of any solid waste disposal facility or recycling
facility must, upon demand by the Director, permit such inspec-
tion of records, operations, facilities or other matters as may
be necessary to ensure compliance with this chapter.
SECTION 5-505. RIGHT OF ENTRY.
(a ) Whenever necessary to make an inspection to enforce any
of the provisions of this chapter, or whenever the Director has
reasonable cause to believe that there exists in an*y building or
upon any premises any condition which constitutes a violation of
the provisions of this chapter, the Director may enter such
building or premises at all reasonable times to inspect the same
or perform any duty imposed upon the Director b.y this chapter;
provided that ( i ) if such building or premises be occupied, he
shall first present proper credentials and demand entry; and ( ii )
if such building or premises be unoccupied, he shall first make a
reasonable effort to locate the owner or other persons having
charge or control of the building or premises and demand entry. -
If such entry is refused the Director shall have recourse to
every remedy provided by law to secure entry.
(b) No owner or occupant or any other person having charge ,
care or control of any building or premises shall fail or refuse ,
after proper demand made as herein provided, promptly to permit
entry therein by the Director for the purpose of inspection and
examination pursuant to this chapter.
SECTION 5-506. CIVIL ACTION. The violation of any of the
provisions of this chapter shall also be deemed a nuisance, and a
civil action may be brought to abate, enjoin or otherwise compel
the cessation of such nuisance.
SECTION 5-507. VIOLATION A MISDEMEANOR. Any person who
shall violate any of the provisions of Sections 5-200 through
5-203, inclusive , 5-300 through 5-301 , inclusive, 5-400 through
5-402 , inclusive or 5-408 shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine not to exceed
one thousand dollars ( $1 , 000. 00) for each violation, or by
imprisonment in the County Jail for not more than six ( 6) months,
or both.
.. ARTIGLE 6
PROCEDURES FOR REVOCATION OF PERMITS
SECTION 5-600. REQUEST FOR REVOCATION OF PERMIT; FAILURE
TO FURNISH INFORMATION. The Director may at any time require any
person to whom a permit has been granted under this chapter to
furnish the Director with the plans and a report of operations
conducted by such permitee. If the holder of such permit
willfully fails and refuses to furnish such plans and report of
operations to the Director within a reasonable time after such
demand , the Director may request the city council to hold a
public hearing to determine whether such permit shall be revoked.
SECTION 5-601 . REQUEST FOR REVOCATION OF PERMIT FOR
FAILURE TO COMPLY. The Director may at any time request the City
Council to revoke a permit issued pursuant to the provisions of
this chapter for the failure of the holder thereof to comply with
requirements of this chapter or with the conditions of such
permit. The request shall contain a written statement which
shall set forth in concise language the acts or omissions with
which the holder is charged, specifying the specific sections of
this chapter or the specific conditions of the permit which the
holder thereof is alleged to have violated.
SECTION 5-602. HEARING ON REVOCATION OF PERMIT. Within 30
days after the receipt of the request from the Director, the City
Council shall hold such hearing and shall give notice of the
date , time and place of such hearing of the holder of the permit,
to the Director, and to such other persons as the City Council
deems should be notified, not later than ten (10) days before the
date of the public hearing . Such notice shall include the
written statement of the Director prepared pursuant to Section
5-601 .
SECTION 5-603. NOTICE OF HEARING; MANNER OF SERVICE. The
notice required under Section 5-602 shall be served personally,
or by first class mail , postage prepaid , addressed to the holder
of the permit at the address shown on the application, and shall
be deemed given when so deposited in the mail or served personally.
SECTION 5-604. ACTION BY CITY COUNCIL. Failure of the
holder of the permit to appear at the hearing , after having been
notifed , may be deemed an admission of the act or omission
charged in the notice, and in the event of such failure to
appear, the City Council may revoke the permit without -further
-10-
evidence than that which served as the basis for the notice.
After the hearing is concluded, the council shall , within 21
days, render its decision revoking such permit. or dismissing the
charges, with a brief statement of its reasons therefor.
ARTICLE 7
COLLECTION RATES
SECTION 5-700. RATES OF COMPENSATION FOR COLLECTION.
Maximum rates of compensation for the collection of solid waste
within the City of Dublin shall be adopted by resolution.
SECTION 3. IMMEDIATE EFFECT.
Commencing April 1 , 1986, Solid Waste disposal will no
longer be provided to residents of the City of Dublin by the
Dublin-San Ramon Services District. It is necessary to provide
for the collection and disposal of Solid Waste prior to such
time. This ordinance shall take effect immediately upon its
enactment because the adoption and immediate effect thereof is
necessary for the preservation of the public peace, health and
safety.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Dublin on this day of March, 1986, by the
following votes:
AYES:
NOES:
ABSENT :
Mayor
Attest:
City Clerk
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RESOLUTION NO . - 86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
--------------------------------------
ADOPTING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND
. OAKLAND SCAVENGER COMPANY
REGARDING WASTE COLLECTION AND DISPOSAL
WHEREAS, the City of Dublin completed a Request for
Proposal process to select the provider of solid waste collection
and disposal ; and
WHEREAS , Oakland Scavenger Company (OSC ) was selected as
the provider most capable of providing the services in an
efficient manner; and
WHEREAS , the City has negotiated with OSC to develop a
franchise agreement which will provide for services for the next
ten (10) years ; and
WHEREAS , the Agreement is consistent with applicable
sections of State Law.
NOW, THEREFORE , BE IT RESOLVED that the City Council of
the City of Dublin does hereby adopt and authorize the Mayor to
execute the Agreement Between the City of Dublin and Oakland
Scavenger Company Regarding Waste Collection and Disposal ,
"Exhibit A" , attached hereto and by reference made a part hereof .
BE IT FURTHER RESOLVED that the provisions of this
Agreement shall commence beginning April 1, 1986.
1986. PASSED, APPROVED AND ADOPTED this 24th day of February,
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
AGREEMENT BETWEEN THE CITY OF DUBLIN AND
OAKLAND SCAVENGER COMPANY REGARDING WASTE
COLLECTION AND DISPOSAL
THIS AGREEMENT entered into this day of ,
198_, by and between the City of Dublin, a municipal
corporation of the State of California (hereinafter "the City" )
and Oakland Scavenger Company, a California corporation
( hereinafter " the Company" ) .
W I T N E S S E T H
WHEREAS , the provision of adequate and reliable solid waste
management and disposal services is essential to the preservation
of the health , safety, and well-being of residents of the City;
and
WHEREAS, the State of California has found and declared that
the rapidly increasing volume of solid waste resulting from
population growth, industrial expansion and other factors compels
an organized and comprehensive approach to solid waste management
(Cal . Gov. Code §§ 66701 and 66702) ; and
WHEREAS, the Company now provides solid waste hauling and
disposal services in the City of Dublin, subject to a vigorous
rate review process ; and
WHEREAS, the regulated rate structure established in
connection with Oakland Scavenger Company franchise agreements in
Alameda County has been designed fairly to allocate the cost of
developing , maintaining and operating a comprehensive solid waste
collection and disposal system for the community, each segment of
the community benefitting from the existence of these services
-1-
and facilities , and a loss of revenue from that rate structure
injures the community as a whole and impairs the City' s ability
fairly to distribute those costs; and
WHEREAS, as an essential part of the State ' s comprehensive
program for solid waste management and for the preservation,
health, safety, and well-being of the public, the State of
California has declared that it is in the public interest that
local public agencies make adequate provisions for solid waste
handling and , pursuant to those State policies, has expressly
authorized the City to make such provisions ( Cal . Gov. Code §§
66755, 66756) ; and
WHEREAS, the State of California has expressly recognized
that the City may determine all aspects of solid waste handling
which are of local concern, including , but not limited to,
frequency of collection, means of collection and transportation,
level of services, charges and fees, nature, location, and extent
of providing solid waste handling services, and has expressly
declared that the City may determine whether any such services
are to be provided by means of exclusive or non-exclusive
franchises, contracts , licenses , permits, or other means and that
the City may grant to others authority to provide solid waste
handling services under such terms and conditions as the City may
prescribe ( Cal . Gov. Code §§ 66756 , 66757) ; and
-2-
WHEREAS, use of an exclusive franchise for the transpor-
tation of solid waste generated in the City is an appropriate and
useful means to provide for the public health, safety, and
well-being , and the efficient and orderly collection and disposal
of all such waste [Cal . Gov. Code § 66757(b) ] .
NOW, THEREFORE, in consideration of the premises set forth
above and of the mutual covenants and agreements contained
herein, the parties agree as follows:
ARTICLE I. Definitions.
For the purpose of this agreement, unless a different
meaning is clearly required, the definitions contained in this
Article shall govern the construction of this agreement.
Section 1 . 1 .
"Collection" shall mean collection and disposal or recycling
of solid waste.
Section 1 . 2.
"Coordinating Jurisdiction" (of the Refuse Rate Review
Committee ) shall mean the City of Oakland acting through its
designated representative to the Refuse Rate Review Committee.
Section 1 . 3.
"Delivery" of solid waste shall be deemed to occur when
solid waste is deposited in a receptacle or at a location that is
designated for collection pursuant to this chapter, or is
otherwise discarded.
-3-
Section 1 .4.
"Demolition Debris" shall mean used construction materials
removed from a site during the razing or renovation of a
structure as part of a total service offered by a duly licensed
demolition contractor ( C-21 license ) .
Section 1 . 5.
"Designated Waste" shall mean waste not permitted for
disposal at the Company' s landfill under discharge requirements
or other rules or orders of the Regional Water Quality Control -�
Board.
Section 1 .6.
"Establishment" shall mean any place of waste generation
other than a residential dwelling .
Section 1 . 7.
"Hazardous Waste" shall mean any waste now or hereafter
classified as hazardous pursuant to applicable federal , state or
local law. All substances defined as Hazardous Wastes by the
United States Environmental Protection Agency, pursuant to the
Resource Conservation and Recovery Act, or defined as hazardous
or extremely Hazardous Wastes by the California Department of
Health Services under the California Administration Code, Title
22, Division 4, Chapter 30 ( "Minimum standards for hazardous and
extremely Hazardous Wastes" ) shall be considered "Hazardous
Waste" in this agreement.
-4-
Section 1 .8. _
"Joint Refuse Rate Study" shall mean that refuse rate study
report, dated May 23, 1972, which was prepared by Price
Waterhouse & Co. pursuant to the Agencies ' Agreement for Joint
Refuse Rate Study
Section 1.9.
"Joint Solid Waste Committee" or "Refuse Rate Review
Committee" shall mean that Committee comprised of members
designated as representatives of thirteen (13) public agencies
which executed or have adopted an agreement entitled "Agreement
Establishing Joint Solid Waste Committee" dated January, 1972.
Section 1 . 10.
"Junk Dealer" shall mean a person or business which law-
fully, and in accordance with all local ordinances, collects
without charge to the Waste Generator or purchases used articles
for purposes of restoration and/or resale, including antique
dealers , used building supply dealers , and automobile salvagers.
This definition does not include a person or business which
collects or accepts waste for recycling after source separation.
Section 1 . 11.
"Legislation" shall mean any formal enactment of the
governing body of the City which now exists or which may here-
after be adopted which governs the operation of the Company
within or about the political boundaries of the City.
-5-
Section 1 . 12.
"Person" means any individual , corporation, partnership,
joint venture, association, joint-stock company or unincorporated
organization or any governmental unit or agency or political
subdivision.
Section 1 . 13.
"Recycling" shall mean the process of collecting, treating
and reconstituting solid waste without charge to the Waste
Generator for the purpose of using the altered form. The
Collection, handling , transfer or disposal of wastes not Source
Separated or not intended for, or capable of, recycling is not
"Recycling" within the meaning of this Agreement . Putrescible
solid waste is rebuttably presumed to be not capable of being
recycled. "Recycling" also does not include the Processing or
use of Solid Waste for conversion to energy.
Section 1. 14.
"Solid Waste" shall mean all putrescible and non-putrescible
solid , semi-solid and liquid waste accumulating or placed for
collection and disposal within the City, whether combustible or
non-combustible. " Solid Waste" includes garbage, trash, refuse ,
paper, rubbish , ashes, industrial or commercial waste, discarded
home and industrial appliances, animal wastes or remains other
than fecal matter, vegetable wastes, and other discarded solid
and semi-solid waste, but does not include sewage, abandoned
-6-
automobiles and Hazardous Waste. "Solid Waste" also includes
waste offered for recycling , unless otherwise specifically
excepted herein.
Section 1. 15.
"Source Separation" shall mean the segregation into separate
containers by the Waste Generator, prior to Delivery, of indivi-
dual components of Solid Waste, such as glass bottles, cans,
newspapers and corrugated containers, for the sole purpose of
Recycling , as defined herein. -�
Section 1 . 16.
"Waste Generator" shall mean the property owner, resident,
occupant or business in the City which produced the waste in the
first instance. This definition excludes any person or business
which collects from or accepts shipments of waste from another
person for the purpose of separating , Recycling or otherwise
disposing of waste.
ARTICLE II. The Contract.
Section 2.1 . Exclusive franchise.
The City hereby gives and grants to the Company for a period
of ten ( 10) years from the 1st day of April , 1986, the exclusive
franchise, right and privilege to collect, remove , and dispose of
all Solid Waste accumulating in the City. The Company agrees to
collect and dispose of all Solid Waste delivered according to
this agreement, as provided by local ordinance. The City shall
monitor waste collection and disposal within its jurisdiction
-7-
and , by ordinance , ensure that Solid Waste is delivered to and
collected by the Company. Solid Waste which is not required to
be accumulated and offered for Collection includes:
a. Materials source-separated for Recycling ; and
b. Lawn and garden trimmings and dead leaves removed from
a site by a gardening , landscaping or tree trimming contractor,
as an incidental part of a total service offered by that con-
tractor, rather than as a hauling service ;
C. Demolition debris as defined herein which is removed in
accordance with such definition.
d. Nonputrescible Solid Waste separated by the Waste
Generator for collection and transportation by a Junk Dealer, but
not as a hauling service ; and
e . Animal waste and remains from slaughterhouses or
butcher shops for use as tallow.
f. Solid waste transported by the owner or occupant of
any residence to a fully licensed public disposal facility,
provided that such person may not transport solid waste from more
than one residential unit.
Special handling or preparation may be required of the Waste
Generator for animal wastes, liquid wastes, construction mate-
rials , industrial appliances, waste which cannot be collected by
normal waste collection vehicles in standard use by the Company,
and any other wastes to the extent required by law.
-8-
Section 2.2. Extension of Agreement.
Not fewer than nine months prior to the termination date of
this agreement, either party to the agreement may give notice of
its intention to extend the agreement for the further period of
ten (10) years upon the same terms and conditions as set forth in
this agreement. Unless said notice is given and accepted within
90 days of the date of notice, the agreement shall expire upon
the expiration date set forth in Section 2 of this Article.
Section 2. 3. Conditional Extension of Agreement. -�-
If, for new facilities substantially different in location,
size or kind from those existing at commencement of this
agreement, major investments are required in order to
provide the services specified for in this agreement, the
Company may request and the City shall consider an extension to
the term of this agreement on the basis of written, detailed
physical plans and related financial projections.
Section 2.4. Removal of Hazardous Waste.
If the Company determines that waste placed in any container
for Collection or delivered to any facility of the Company is
Hazardous Waste , Designated Waste, or other waste which is not
acceptable for incorporation into the Company' s landfill or for
Processing at the Facility, the Company shall have the right to
refuse to accept such waste . If the owner cannot be identified
or fails to remove the waste, the Company shall arrange for
proper disposal , the cost of which shall be an appropriate
operating expense under Article III . The Company shall make a
-9-
good faith effort to recover the cost from the Waste Generator,
and the cost of that effort shall also be an appropriate
operating expense.
ARTICLE III. Collection Rates and Review.
Section 3.1 . Service Rates.
In connection with the exclusive rights and privileges
granted in Section 2.1 , the Company shall have the right to
charge and collect the Collection --Rates authorized by the City
from tenants, occupants and owners of each dwelling unit and
Establishment served. The Collection Rates shall be no less than
the Company' s fully allocated costs of providing the collection
and disposal services and facilities required by this agreement,
plus a reasonable return on investment.
Section 3. 2. Rate review.
The Company shall submit an application for rate review
under this Article III, once each three years, commencing
September 30, 1988. The complete application shall be submitted
not later than September 30 for the three-year period starting
January 1 of the next calendar year. The Company shall submit
any and all data reasonably requested by the City in the format
prescribed by the City. The application ' s format will be
generally that set forth in the Joint Refuse Rate Study, as may
be more particularly delineated and prescribed by the City.
Generally, the application shall : ( 1 ) set forth the actual
revenues and expenses of the Company for the most recently
-10-
1,
( 3) It is necessary for the Company to make a
substantial change in its operation, or substantial capital
investment in order to perform its obligations under this
agreement, or
(4) Changes to operations are mandated as provided for
under Section 5. 4 of this agreement.
(c) Any rate review, whether initiated by the City or the
Company, will follow the format specified for a regular rate
review. If initiated by the Company, the complete application
must be submitted at least ninety (90) days prior to the date it
may become effective. If initiated by the City, the Company
shall submit requested data within sixty (60) days of the date
that notice is provided to the Company.
Section 3.4. Publication of rates.
The Company shall provide written notice to subscribers of
rate changes. The notice may be provided with, or as part of, a
regular billing . In the case of interim rate changes, the
Company shall file the intended notice of change with the City
Clerk or other official of the City not fewer than 7 days prior
to the effective date of the rate change.
Section 3. 5. Issuance of receipts.
The Company shall either prepare and issue formal billings
for services rendered or issue receipts for services rendered on
a cash basis. The Company shall maintain copies of said billings
and receipts, each in chronological order, for a period of 3
years after the date of service for inspection and verification
-12-
by the City. The Company may, at its option, maintain those
records in computer form, on microfiche, or in any other manner,
provided that the records can be preserved and retrieved for
inspection and verification.
Section 3. 6. Franchise fee.
In consideration of the exclusive franchise provided for in
Section 1 of Article II of this agreement, the Company shall pay
to the City percent ( %) of the gross revenue derived by
tyre Company from Collection services provided in the City under
this agreement. The franchise payment amount shall be computed
and paid based on Service Rate billings issued each calendar
month , plus receipts for services transacted on a cash basis.
Gate collections at any landfill or transfer station and revenue
from rental of compactors, balers and similar special handling
equipment shall not be included in the computation base. The
Company shall prepare and mail its remittance each month not
later than 20 calendar days after the end of each month. The
remittance will be accompanied by a report setting forth the
basis and calculations used for computing the amount paid. The
figures used shall coincide with revenues recorded on the general
books of account of the Company.
Section 3. 7. Exclusions for bad debts.
The full gross revenues for Collection services shall be
subject to the franchise payment except as specifically exempted
in Section 3. 7 and as follows: Bad debt write-offs, less bad
debt recoveries.
-13-
ARTICLE IV. Records , Reports and Audit.
Section 4. 1 . Right to prescribe records.
The Company shall maintain such accounting and statistical
records as may be necessary to develop the. financial statements
and reports prescribed by the City of Dublin in accordance with
the principles of the Joint Refuse Rate Study and/or modifying or
additional requirements specified by the Refuse Rate Review
Committee under its authority hereinafter delineated.
Section 4. 2. Right to require annual reports.
The Company shall submit to the City annual franchised
operations financial statements consisting of a balance sheet,
related consolidated statement of operations, reports of opera-
tions prescribed by the Joint Refuse Rate Study, and such
additional financial or statistical data as may be prescribed by
the City and reasonably related to these franchised operations.
All such statements and reports shall be submitted not later than
four ( 4) months following the end, of the Company' s annual
accounting period.
Section 4. 3. Right to inspect records.
The City shall have a right to inspect or review the income
tax returns, payroll tax reports, specific documents or records
required pursuant to this agreement, or any other such records
or reports of the Company as may be reasonably necessary to
evaluate the annual reports and rate review applications provided
for in this agreement.
-14-
Section 4.4. Right to have consultant review of annual audit.
Annual financial statements and reports prepared for the
Company and audited and certified by an independent certified
public accounting firm mutually approved by the City and the
Company shall be made available for review to the independent
consultant appointed by the Refuse Rate Review Committee , or by
the City if the City is not a member of the Refuse Rate Review
Committee. The Company will bear the expense of said audit, but
audit fees will be allowed as an operating expense for rate --
setting purposes . If the Company and City fail mutually to agree
on the selection of a certified public accounting firm within
five ( 5) months prior to the end of the annual accounting period
to be audited, the City shall submit the names of five certified
public accounting firms from which the Company shall select one.
The Company shall notify the City of its choice not later than
fifteen (15) days from date of receipt of that list.
ARTICLE V. Standards
Section 5.1 . Performance.
The Company shall perform its services in the City in
accordance with the terms of this agreement and with continuing
liaison with the representative designated by the City.
-715-
Section 5. 2. Inspection of operations.
The designated representative of the City shall have the
right to observe and review Company operations and enter Company
premises for the purposes of such observation and review at all
reasonable hours with reasonable notice.
Section 5. 3. Compliance with law and regulations.
Company shall comply with all requirements of all applicable
local , state, and federal authorities now in force or which
hareafter may be enacted,and with-any applicable Legislation of
the City existing at the time of this agreement.
Section 5.4. Mandated changes.
The City may require changes in Collection or disposal
methods and the Company shall comply, provided that if such
changes result in increased costs to the Company, the Company
shall have a right to apply for a rate review and adjustment
pursuant to Section 3. 3. Also, the Company will have the right
to apply for rate review and adjustment for changes in disposal
methods or site operations mandated by any political body which
may now or in the future have legal jurisdiction.
Section 5. 5. Container size and weight limit.
The standard size container for residential and commercial
services shall not exceed 32 gallons and the combined weight of
the container and contents shall not exceed 75 pounds. The
provisions of this section shall not prohibit the Company from
providing front loader, drop box or other mechanized container
-16-
service. The Company may also provide automated or semi-
automated residential curb service using wheeled containers
where authorized by the City.
Section 5. 6. Transfer of loads on public streets.
The Company is prohibited from transferring loads from one
vehicle to another on any public thoroughfare unless it is
necessary to do so because of mechanical failure or accidental
damage to a vehicle, or when required by law or public authority.
Section 5. 7. Identification and lettering of vehicles. _.,.
The Company shall letter each vehicle and each Company-owned
Collection container used in Collection activities to include a
vehicle identification number, the name of the Company, and the
local business telephone number of the Company. The lettering
size shall be not less than 2-1/2" high except on the Collection
containers.
Section 5. 8. Packer equipment.
The Company shall use, in the Collection of Solid Waste,
modern garbage Collection motor .vehicles having water-tight
bodies designed to prevent spillage or overflow therefrom. The
Company shall maintain the outside of the bodies in a clean and
sound mechanical condition and shall clean and wash the inside of
the bodies frequently enough to keep them reasonably odor free.
The Company shall also operate the vehicles in a manner so as to
ensure that the contents thereof do not spill or overflow onto
city streets or highways.
-17-
Section 5. 9. Service interval .
The Company shall provide residential and commercial pickup
service not less than once per week. Commercial establishments
may request service up to five days per week.
ARTICLE VI. Joint Solid Waste Committee
Section 6.1 . Delegation of rights and authority.
The Company shall support an application by the City to
become a member of the Refuse Rate Review Committee . The City,
subject to acceptance as such member, designates the Committee to
exercise certain rights and authority on behalf of the City, and
the Refuse Rate Review Committee or Coordinating Jurisdiction
may be appropriately substituted where the City is designated
with respect to certain provisions of this agreement hereafter
delineated.
Section 6. 2. Authority of Joint Solid Waste Committee.
The Refuse Rate Review Committee shall function as an
advisory body to the City for purposes of evaluating Company
operations and for rate setting purposes. The Committee, in the
person of the officials of the Coordinating Jurisdiction or
designated representatives of the Committee, shall exercise all
those rights given to the City under this agreement with respect
to the following sections of this agreement :
Art. III , Sec. 3. 2 - Rate review
Art. III, Sec. 3. 3 - Special interim rate review
Art. IV, Sec. 4.1 - Right to prescribe records
-18-
Art. IV, Sec. 4. 2 - Right to require annual reports
Art. IV, Sec 4.3 - Right to inspect records
Art. IV, Sec. 4. 4 - Right to require annual audit
Also, the Committee may exercise any rights of the City under any
other section of this agreement which the City chooses to
delegate to the Committee.
ARTICLE VII. Miscellaneous Provisions.
Section 7. 1 . Enforcement. _
Each party agrees to do any act, including taking any
administrative or legal action, as is reasonable and necessary
for the continued enjoyment by all parties of the benefits of
this agreement during its full term, or any extension thereof ,
regardless of any change in available methods or processes for
the Collection, handling , disposal or resource recovery of Solid
Waste or the manner in which these acts are performed. The City
agrees to take such actions as necessary to ensure the continued
exclusivity of the franchise. Each party agrees to execute and
deliver any instruments and to perform any acts that may be
necessary or reasonably requested in order to give full effect to
this agreement provided such instruments or acts are not
inconsistent with , or create obligations in addition to those
obligations created by the terms of this agreement.
-19-
Section 7. 2. No added taxes.
No special licenses, taxes or other burdens shall be levied
against the Company in addition to the franchise fee. This
provision shall not operate in any way to prohibit the City and
the Company from adjusting the franchise fee rate set herein, or
to prohibit the City from adopting Legislation implementing new
types of taxes or licenses or adjusting existing rates or
schedules which are generally applicable to all businesses. Any
such new types of general taxes or licenses or adjustments to
existing rates or schedules shall be allowed as operating
expenses for rate setting purposes, and if such changes result in
increased costs to the Company, the Company shall have the right
to apply for a rate review pursuant to Section 3. 3 of this
agreement.
Section 7 . 3. Surety Bond.
The Company hereby agrees to furnish simultaneously with the
execution of this agreement a surety company bond in the sum of
Fifty thousand dollars ( $50, 000) , in a form to be approved by the
City. Said surety company bond is to be payable to the City and
conditioned and guaranteed for the faithful performance by the
Company, its employees and agents.
Section 7.4. Hold harmless.
The Company is an independent contractor for all purposes
contemplated by this agreement and the Company shall at all times
protect, defend , indemnify and save harmless the City, its
officers , agents and employees, past, present and future, from
-20-
and against all liabilities, obligations, claims, damages,
penalties, causes of action, costs and expenses ( including ,
without limitation, reasonable counsel fees and expenses) imposed
upon or incurred by or asserted against the City of such officers ,
agents or employees on account of (a) any failure of the Company
to comply with any of the terms of this Agreement or (b ) any loss
or damage to property or any injury to or death of any person
that may be occasioned by the Company' s operations under the
fFanchise granted herein. --
Section 7. 5. Liability Insurance .
The Company shall carry automobile , public liability and
property damage insurance covering the operation of all vehicles
of the Company, and blanket, all risks, liability insurance
including excess limits on the automobile coverage. The basic
auto policy shall have minimum limits of $100, 000 for injury to
one person , $300,000 for injury to more than one person, and
$25, 000 property damage. The blanket policy shall have a minimum
limit of $3, 000,000. The policies shall name the City of Dublin ,
its officials, agents , and employees as additional insured
parties and a copy of insuring agreements shall be furnished to
the City of Dublin for approval by the City Attorney.
Section 7.6. Services to jurisdiction.
The Company shall provide to the City, without fee, those
services described in Schedule 1 to this Agreement and such
services as shall henceforth be established or altered by
-21-
agreement of the parties. The cost of providing those services
shall be allowed as an operating expense for rate-setting
purposes .
Section 7. 7. Notices.
Any notice which either party is required to give or which
either party may choose to give to the other party shall be in
writing . Such notice shall be served either by personal delivery
to a managing officer of the other party, by personal delivery to
the principal office of the. other party as set forth below, or by
deposit in the United States mail as registered or certified mail
enclosed in a sealed envelope with postage fully prepaid
addressed to other party at its address as follows :
City: Richard Ambrose, City Manager
City of Dublin
6500 Dublin Boulevard
P. 0. Box 2340
Dublin , CA 94568
Company: Peter Borghero, President
Oakland Scavenger Company
2601 Peralta Street
Oakland, California 94607
Such address may be changed from time to time by either party by
giving notice as herein provided.
Section 7. 8. Rates.
The rates shall be established by Resolution of the City
Council pursuant to this agreement and the Ordinance Regulating
Solid Waste Management .
-22-
Section 7. 9. Ownership of refuse.
It is expressly understood that all Solid Waste that is
collected or received for disposal by the Company shall be the
property of the Company.
Section 7.10. Distribution of proceeds of' city enforcement
efforts.
If the City, or any legal representative of the City,
recovers, by an actual or potential civil action, through
settlement, judgment or otherwise , any proceeds intended to
replace any loss of revenues to the City' s Solid Waste management
and disposal system, the City shall pay such proceeds, less the
reasonable costs of collection, to the Company within 15 days of
their receipt. Such proceeds shall then be treated as revenues
under Article III.
ARTICLE VIII. Construction of Agreement.
Section 8.1 . Amendments.
This agreement constitutes the entire understanding between
the Company and the City with regard to the subject matter
contained herein. No amendment to this agreement shall become
effective unless it is set forth in writing and duly authorized
and executed by the Company and by the City.
Section 8. 2. State Law.
This agreement shall be governed by and construed in
accordance with the laws of the State of California.
-23-
Section 8. 3. Waiver.
Neither the Company nor the City shall be deemed to have
waived any terms, condition, or pledge of this agreement unless
such waiver is in writing and signed by the waiving party. A
failure by the Company or the City to insist upon strict
performance of any term, condition , or pledge in this agreement
shall not be construed as a waiver or relinquishment of such
term, condition, or pledge , unless such waiver is in writing and
signed by the waiving party. Any-such written waiver shall be -
confined to the terms specifically contained therein.
Section 8.4. Execution in counterpart.
This Agreement may be executed in counterparts , either of
which shall be regarded for all purposes as a duplicate
original .
Section 8. 5. Severability.
In the event that any provision of this agreement shall , for
any reason, be determined to be invalid , illegal and unenforce-
able in any respect, the parties hereto shall negotiate in good
faith and attempt to agree to such amendments, modifications or
supplements to this agreement that , to the maximum extent
practicable in light of such determination, shall implement and
give effect to the intentions of the parties as reflected herein,
and the other provisions of this agreement shall , as so amended ,
modified or supplemented, or otherwise affected by such action ,
remain in full force and effect.
-24-
ARTICLE IX. Termination.
Section 9.1 . Assignment of agreement rights.
The Company may assign and transfer all or any part of its
rights and obligations under this agreement, subject to written
consent by the City, which consent shall not be withheld
unreasonably. No consent shall be required for any assignment to
a person directly or indirectly controlling, controlled by or
under common control with the Company, provided that the assignee
is financially capable of carrying-, out all obligations of the
Company under this Agreement.
Section 9. 2 Effect of breach.
a . If the Company fails or neglects to comply with any of
the terms or provisions of this agreement or any laws, ordinances
or regulations above referred to for a period of thirty ( 30) days
after having been notified in writing to do so on the order of
the governing body of the City, then after a hearing upon ten
(10) days written notice to the Company, the City shall be
entitled to terminate this agreement, which remedy shall not be
deemed an election and shall be in addition to any and all rights
and remedies against the Company which the City may have by law
under this agreement.
b . Each party specifically recognizes that damages is an
inadequate remedy for default of this agreement and agrees that
the other is entitled to bring suit for injunctive relief,
mandamus, or specific performance or to exercise other legal or
equitable remedies to enforce the obligations and covenants of
-25-
this agreement. For purposes of this section, all cities
participating on the Refuse Rate Review Committee and having
exclusive franchise agreements with the Company for solid waste
collection and disposal shall be deemed third-party beneficiaries
of all such agreements.
Section 9. 3. Attorneys Fees.
In the event that either party brings any legal action
against the other for enforcement of this agreement, the
pgevailing party shall be entitled to recover its reasonable
attorneys fees and expenses of litigation.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed on the day and year first above written.
City of Dublin Oakland Scavenger Company
Mayor President
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
-26-
SCHEDULE 1
Services to be provided to the City of Dublin at no charge
pursuant to Section 7 . 6 . Services to jurisdiction. The City
shall reserve the right to request the elimination of free
services at any of the locations through a written request by the
Director. The following are all locations where governmental
activities are taking place : ,
Quantity Type of Service-Weekly Location
1 3 yard bin 7494 Donahue (Fire Station No. 1 )
1 6 yard bin Dublin Sports Grounds
1 3 yard bin 7051 Dublin Blvd (DSRSD Offices)
1 2 yard bin it if to 11 of
1 2 yard bin 8151 Vil-lage Parkway (Valley Swim Ctr)
2 4 yard bins 11600 Shannon Avenue (Shannon Park &
Community Center)
1 4 yard bin (on wheels) Scarlett Court Terminus (City
Corporation Yard)
V
RESOLUTION NO. - 86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
--------------------------------------
ESTABLISHING A SCHEDULE OF SERVICE RATES
FOR SOLID WASTE COLLECTION AND DESIGNATING THE
POINT OF COLLECTION FOR SINGLE FAMILY COLLECTION
WHEREAS, the City of Dublin shall assume the role of franchisor
for solid waste collection effective April 1, 1986; - and
WHEREAS, the City has negotiated with Oakland Scavenger company to
determine an equitable rate structure with appropriate service levels ; and
WHEREAS, the proposed rates correspond to the findings of the
Refuse Rate Review Committee; and
WHEREAS, the Solid Waste Management Ordinance and Agreement
Regarding Waste Collection and Disposal require the City Council to
designate a rate schedule and point of collection for single family
residences .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin does hereby resolve as follows :
1 . The attached Rate Schedule attached hereto, marked "Exhibit
and made a part hereof by reference, shall be the
official rate schedule until further rescinded or amended.
2 . Said rates in Exhibit shall be imposed beginning April 1,
1986 .
3 . Said rates are in accordance with the City of Dublin Solid
Waste Management Ordinance and the Agreement Between the City
of Dublin and Oakland Scavenger Company Regarding Waste
Collection and Disposal .
PASSED, APPROVED AND ADOPTED this 24th day of February, 1986 .
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
ti
EXHIBIT A
I . RATES
The monthly rates for collection of refuse .within the City
as of April 1 , 1986, are set forth as follows :
Residential
a. Once a week collection of one container of
32 gallon capacity $ 5 .05
b. Once per week collection of two containers
of 32 gallon capacity each $ 8 . 55
C . Once per week collection of each additional
can beyond "b" above $ 3 . 50
d. Large accumulations per cubic yard $ 4. 25
e . Special pick-ups, minimum $ 8. 25
Commercial
a . Per cubic yard (not compacted) $ 4. 25
b. Compacted material per cubic yard $ 8 . 50
II . DESIGNATION OF POINT OF COLLECTION
For Single Family residential service , the above rates shall
be for back yard service . The term "back yard service" shall
mean the container( s ) shall be on the outside of and in close
proximity to the structure being served, and at a location which
is the customers option. Padlocks or other devices which deny
the Collector reasonable access will relieve said Collector from
responsibility of such collection.
III . ADDITIONAL SERVICES PROVIDED IN RATES
The above rates shall include two ( 2) annual residential
cleanups . Dates of said cleanups shall be at the discretion of
the City upon reasonable notice to the Company. The rules
regulating the special cleanup shall be approved by the
Contractor and the Director.
EXHIBIT A.1
I . RATES
The monthly rates for collection of refuse within the City
as of April 1, 1986, are set forth as follows :
Residential
a. Once a week collection of one container of
32 gallon capacity $ 5,40
b. Once per week collection of two containers
of 32 gallon capacity each $ 8 . 50
c . -. Once per week collection of each additional -
can beyond "b" above $ 3 . 50
d. Large accumulations per cubic yard $ 4 . 20
e. Special pick-ups, minimum $ 8 . 20
Commercial
a. Per cubic yard (not compacted) $ 4 . 20
b. Compacted material per cubic yard $ 8.40
II . DESIGNATION OF POINT OF COLLECTION
For Single Family residential service, the above rates shall
be for back yard service . The term "back yard service" shall
mean the container ( s ) shall be on the outside of and in close
proximity to the structure being served, and at a location which
is the customers option. Padlocks or other devices which deny
the Collector reasonable access will relieve said Collector from
responsibility of such collection.
III . ADDITIONAL SERVICES PROVIDED IN RATES
The above rates shall include two ( 2 ) annual residential
cleanups . Dates of said cleanups shall be at the discretion of
the City upon reasonable notice to the Company. The rules
regulating the special cleanup shall be approved by the
Contractor and the Director .
tE �- "TION NO . - 86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN -
--------------------------------------
APPROVING THE AMENDED AGREEMENT ESTABLISHING -
JOINT SOLID WASTE COMMITTEE
WHEREAS , in 1972, several public agencies who
contracted with Oakland Scavenger Company formed the Joint Solid
Waste Committee ; and
WHEREAS , in 1979, the agreement was amended to allow
the membership of the Dublin San Ramon Services District ; and
WHEREAS , the agreement was further amended to change
the title of the organization to the Refuse Rate Review Committee ;
and
WHEREAS , effective April 1 , 1986 the City of Dublin
will assume the role as franchisor from the Dublin San Ramon
Services District ; and
WHEREAS , the City of Dublin will be entering into a
franchise agreement with Oakland Scavenger Company, effective
April 1 , 1986; and
WHEREAS , the City of Dublin recognizes the benefit of
membership on the Refuse Rate Review Committee ; and
WHEREAS , the City of Dublin requests a waiver of
proportionate costs in conducting prior special refuse rate
studies , pursuant to the amended language in Paragraph 5 of the
Agreement .
NOW, THEREFORE , BE IT RESOLVED that the City Council of
the City of Dublin does hereby resolve as follows.:
1 . That the "Agreement Establishing Joint Solid Waste
Committee" , a copy of which is attached hereto ,
marked "Exhibit A" and made a part hereof by
reference , be and hereby is approved and accepted.
2 . That the "Amendment to Agreement Establishing Joint
Solid Waste Committee" , a copy of which is attached
hereto , marked "Exhibit B" and made a part hereof by
reference , by and hereby is approved and accepted .
Said amendment was previously adopted by members of
the Refuse Rate Review Committee .
3 . The City Manager is hereby authorized to execute the
related documents and shall designate a Staff member
to serve on the Refuse Rate Review Committee .
4. The City Manager shall request a waiver of
proportionate costs in conducting prior special
refuse rate studies , pursuant to Paragraph 5 of the
amended Agreement .
PASSED , APPROVED AND ADOPTED this 24th day of February,
1986 .
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Gierk
,.A '
AGREEMENT ESTAL'LISHING
JOINT SOLID- WASTE COMMITTEE
THIS AGREEI`>ENT is made and entered into this
day of 19 72 , by and among the
undersigned public .agencies , collectively referred to as
the "Agencies . "
WITNESSETH:
4?IiEI'EAS , all the Agencies have granted exclusive
franchises for the collection and disposal of residential ,
comrlercial and industrial refuse to the same contractor
.(the Oakland Scavenger Company)--and its affiliates , here- _
inafter referred to as "Company; " .anti
WHEREAS , the Agencies wish to .implement certain
rcconullendations contained in the Refuse hate Study Report
submitted by Price Waterhouse & Co . on May 23 , 1972,
pursuant to the Agencies ` Agreement For Joint Refuse
Rate Study, including the recommended use of a unitary
accounting concept ; and
WHEREAS, the A(rencies desire to cooperate in
obtaining and developing material and infornlation for
use in evaluati.11g proposed adjustments in refuse collection
service and rates within their respective jurisdictions ;
NOW, THEREFORE , in consideration of the covenants
:1114 conditions I-lercin contained, the parties hereto agree
as f of locas :
1 . A Joint Solid Haste Co1:lnlittce is hereby
est.lbl.-ished which shall nlect at intervals selected by
the C0111111ittee . Each party shall designate a representative
to be a member of the Committee _and shall donate a reasonable
anli)1111t l)L staff time to the Co1lUllittee . The Committee ::11,111.,
usillg a unit.try accounting; concept , review ,1nd. determine the
re,aso11;1bloness of the operating and maintenzince expenses of
the Company and 1"L`cUlllll]('l1Cl to the Agencies the operating ratio
us
which will provide: a fair reLu.rn oil illvest-nuollt to the
Company .
2 . The Comaiiittee shall. devel01) model language
E01: r eCU11J11C:l1dt'_d us(.-, by each Agency when entering into
contracts or granting franchises to the Company . The model
language shall iliclude provisions relating to Company
reporting practices and procedures , including accounting
system and audit requirements .
3 . Each Agency, before acting upon a request for
a rate increase made by the Company, shall forward the
request to the: Colluilittee for review and recOM111endatiun
thcroon within a reasonable length oC Ll.111c .
4 . Members representing a majority of the Agencies
shall constitute a quorum sufficient Lo make recommendations .
Recc?n:nlcudations of the Committee shall. be illade: on the con-
currence of a majority of members presenL representing at
Least 50% of the total population served Uy all Agencies .
5 . Public agencies served by Compally which were
not parties to Cho Agreement for Joint Refuse Rate Study
may be conic parties hereto upon payillent of their pro
porcionate share of the costs incurred in conducting. the
Joint Refuse Rate Study, and agreement as to the terms
and conditions hereof .
6 . Any agency may cease to be .a party to this
Agreement upon thirty days wr iL Len not ice to the Comrlit tee .
This AgrCUMCnt inay be tcrillina ted by lnLltuZ 1greemenL of
the parties at any tillie .
IN WITNESS WHEREOF , this Agreement has been
executed by and on behalf of the parties hereto on the date
first above written . Copies of Ehe signature page of this
Agreement may be signed by the parties hereto and, when
signed and attached to the original Agreement shall have
Cho same effect as though the original Agreement had been
signed .
AGREET ENT ES'iABLISHING
JOINT SOLID WASTE COH,1ITTEE
Sig 11 aturc Pam
CI'FY OF ALBANY CASTRO VALLEY SANITARY DISTRICT
By By
CITY OF NEWARK CITY OF EMERYVILLE
By By
DUBLIN SAN RAMON CITY OF FREMONT .
*RC TRIC
By
a d f Director
CITY OF HAYWARD
By
CITY OF DUBLIN
By
City Manager CITY OF LIVERMORE
By
CITY OF OAKLAND ^
By(_ja,_,r(
ORO LOMA SANITARY DISTRICT
By'
CITY OF PIEDMONT
By
CITY OF UNION CITY
By
AMENDKENT TO AGREEMENT ESTABLISHING
JOINT SOLID WASTE COMMITTEE
Reference is made to. that joint powers agreement entitled
"A�reement Establishing Joint Solid Waste Committee "
Said Agreement is hereby amended:
By changing Paragraph 5 of the Agreement to read as follows:
5. Public agencies served by the Conpany which were
not parties to the Agreement for Joint Refuse
Rate Study may become parties hereto upon payment
of their proportionate share of the costs incurred
in conducting any prior special refuse rate study
unless said payment is waived by recommendation,
as defined in Paragraph 4, of the Committee, and
upon agreement as to the terms and conditions hereof."
IN WITNESS WHEREOF, this Amendment has been executed by and
on behalf of the parties hereto this day of , 1979.
Copies of the signature page of this Amendment may be signed by the
parties hereto, and, when signed and attached to the original
Amendment, shall have the same effect as though the original Amendment
had been signed.
F n Arm M19ft IT is
I'm H
AMENDMENT TO AGREEMENT ESTABLISHING
JOINT SOLID WASTE CM-11TTEE
Signature Page
CITY OF ALBANY CITY OF OAKLAND
By By
City Manager
Date Date
CITY OF EMERYVILLE CITY OF PIEDMONT
By By
Date Date
CITY OF FREMONT CITY OF UNION CITY
By By
Date Date
CITY OF HAYWARD CASTRO VALLEY SANITARY DISTRICT
By By
Date Date
CITY OF LIVERMORE ORO LONA SANITARY DISTRICT
By By
Date Date
CITY OF NEWAI:K DUBLIN RAMON SERVIC DISTRICT
By ._By
nr i t , B d i Director
era rii n er
Da t c D:i t c
CITY OF DUBLIN
APPROVED AS TO FOIL`1 AND LEGALITY:
By
Date
Deputy City Attorney
RESOLUTION NO . - 86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
--------------------------------------
APPROVING LETTER OF INTENT BETWEEN CITY OF DUBLIN AND
OAKLAND SCAVENGER COMPANY
WHEREAS , the members of the Refuse Rate Review
Committee (RRRC ) review the rate structure for the operations of
Oakland Scavenger Company (OSC ) ; and
WHEREAS , the RRRC prior to July 1 , 1985 , utilized the
firm of Price , Waterhouse to determine appropriate rates for
collection services ; and
WHEREAS , it was the policy of the RRRC to recommend
future rate reductions among commercial rates to reduce the
"commercial subsidy" of residential rates ; and
WHEREAS , effective July 1 , 1985 all of the members of
RRRC excepting the Dublin San Ramon Services District (DSRSD )
implemented an 11 percent rate reduction on commercial services ;
and
WHEREAS , DSRSD chose not to implement the rate decrease
which will create a windfall to OSC ; and
WHEREAS , the City and OSC agree that these funds should
not be considered part of the Collectors overall return on
investment ; and
WHEREAS , both parties wish to make these funds available
to provide specific waste collection services to the community.
NOW, THEREFORE , BE IT RESOLVED that the City Council of
the City of Dublin does hereby resolve as follows :
1 . The Mayor is hereby authorized to execute the letter
of intent marked "Exhibit A" , attached hereto and
made a part hereof by reference .
2 . The additional funds shall be used to fund two
additional residential clean-ups each year.
3 . The City Manager shall be authorized to enter into
an agreement with Oakland Scavenger Company based on
"Exhibit A" , once final details and necessary
approvals are received.
PASSED, APPROVED AND ADOPTED this 20th day of February,
1986.
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
"Exhibit A"
Letter of Intent
Dated February 20, 1986
By and Between the City of Dublin ( "City" ) and
Oakland Scavenger Company (OSC )
Background
The Dublin San Ramon Services District was the agency
responsible for the solid waste franchise in the City of Dublin
between July 1 , 1985 to March 31 , 1986. The Board of Directors
elected not to implement an 11 percent rate reduction in
commercial fees as recommended by the Refuse Rate Review Committee
(RRRC ) . If the recommendation had been. implemented it is
estimated that approximately $77 ,000 would have not been realized
as profit by Oakland Scavenger Company (OSC) . The exact amount
can only be determined after all collections are completed on
billings through March 31 , 1986 .
It is the belief of both parties that this windfall should
not be spread over the return of investment realized as a benefit
by all communities serviced by OSC . The benefit should be
retained within the community in which it was generated.
Definition of Amount of Funds
It is proposed that OSC shall prepare documentation of the
amount of the total gain realized between July 1 , 1985 and
March 31 , 1986 due to the fact that the rate reduction was not
implemented. OSC shall take steps to have the proposal reviewed
by the RRRC . The current estimate of available funds is
approximately $77, 000.
Proposed Use
It is proposed that these funds be utilized to provide for
two (2) residential clean-ups each year. These clean-ups would be
in addition to the two included in the rates for residential
service . The cost of the first two clean-ups shall not exceed
$8 , 000 for each clean-up.
OSC would provide the City with an ongoing accounting of the
balance remaining. As OSC provided these services the cost would
be deducted from the existing balance and appropriate
documentation would be provided. Nothing shall prevent the two
parties from determining other uses for these funds which are
mutually agreed to .
Intent
It is the intent of both parties to enter into a written
agreement based on this letter of intent , once final details and
necessary approvals are received .
For City: For Oakland Scavenger Company :
Peter W. Snyder, Mayor Peter Borghero , President
Date Date