HomeMy WebLinkAboutMINUTES - 10181988 - IO.3 TO� BOARD OF SUPERVISORS I.O. 3 n,�,.,+
FROM: INTERNAL OPERATIONS COMMITTEE Contra
October 10, 1988 Costa
DATE: C`'"""`J
Report on Various Recycling Issues
SUBJECT:
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Authorize the Chairman to send a letter to the Solid Waste
Commission, requesting the Commission to send a letter
signed by all members of the Commission to each solid waste
franchising agency urging that each such agency utilize the
next available opportunity (expiration of franchise or rate
increase request) to reopen the franchise agreement and
insert language giving the franchising agency clear control
of the wastestream. The City of E1 Cerrito' s franchise
agreement can be used as an excellent example of such
control over the wastestream by the franchising agency.
2 . Include in the above letter from the Chairman a request that
the Solid Waste Commission monitor city council meetings and
meetings of the boards of directors of the sanitary
districts for opportunities to reopen the franchise
agreement and at such times make a presentation to the.
franchising agency reminding them of the Board' s and
Commission' s request.
3 . Reaffirm the Board' s previous position that a public agency
should always have control of the wastestream by directing
the Community Development Department to prepare a Resolution
and return it to the Board of Supervisors for adoption
restating the Board' s belief in the need for a public agency
to control the wastestream.
4 . Refer the attached memo from the Director of General
Services to the County' s new Resource Recovery Specialist in
the Community Development Department, Sheila Cogan, with the
request that she continue to monitor the market for recycled
white paper and report to the 1989 Internal Operations
Committee in April 1989 on any changes in the market which
may have occurred which would make it more economically
feasible for the County to purchase recycled paper for
photocopying and other similar purposes.
5 . Approve the recommendations of the Director of General
Services as set forth in the attached memo, as modified by
Recommendation #4 above.
CONTINUED ON ATTACHMENT: _X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROV OTHER ��' - `
tk-sw�
W; a4t,
SIGNA'TURE(S1: Sunne W. McPeak Tom Torlakson
ACTION OF BOARD ON October 18, 1988 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT I, II AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator. ATTESTED 11'8
cc: Director, Community Development ATTESTED &
Chair, Solid Waste Commission PHIL BATCHELOR, CLERK OF THE BOARD OF
Director, General Services SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Sheila Cogan, CDD
M382/7-83
Charles Papke ,DEPUTY
Page 2
6. Leave all recycling issues on referral to our Committee for
continued oversight.
BACKGROUND:
On July 12, 1988, the Board of Supervisors referred to our
Committee, the Solid Waste Commission, the Community Development
Department and County Counsel, a letter from Charles Papke
raising a number of questions about the issue of control of the
wastestream and the legal ability of cities and sanitary
districts to use their franchise agreements to vest control of
the wastestream clearly with a public agency.
On August 2, 1988, the Board of Supervisors requested the
Director of General Services to do some additional research into
the issue of having the County purchase more recycled paper.
On October 10, 1988, our Committee reviewed the attached report
from the Solid Waste Commission on Mr. Papke' s letter and the
attached memo from the Director of General Services on the cost
of purchasing recycled paper for use in photocopy machines and
for similar purposes.
The Solid Waste Commission has met with Mr. Papke and recommends
to our Committee that franchise agreements be reopened as soon as
possible to remove any language which might inhibit recycling
efforts and insert language clearly giving the franchising agency
control of the wastestream for the purpose of encouraging
recycling programs. The above recommendations dealing with
recycling are intended to further the recommendations of the
Solid Waste Commission.
The Director of General Services notes the cost of purchasing
recycled paper as compared to "virgin" paper and concludes that
it is not economical at this time to purchase such paper. He
does note that the County already purchases toilet paper and hand
towels which are made from recycled paper and recommends that the
County continue to do so. In addition, Mr. Gilbert notes his
intent to continue to monitor the price of recycled bond paper.
The recommendations we have made on this subject stem from our
ongoing interest in increasing the market for the purchase of
recycled paper products and our frustration that it is so
expensive to do so.
We had the pleasure of meeting our new Resource Recovery
Specialist, Sheila Cogan, who will be concentrating on commercial
and industrial recycling efforts while Mr. Papke will continue
working with the County, cities and sanitary districts on
residential recycling. We are asking Ms. Cogan to continue to
monitor the market for recycled products and report to next
year ' s Internal Operations Committee, making any recommendations
for changes in Board policy or purchasing practices which appear
to be economically feasible at that time.
Contra Costa County
GENERAL SERVICES DEPARTMENT RECEIVED
1220 Morello Avenue, Suite 101
Martinez, California 94553-4711 SEP 281988
Extension 4920
Office of
County Administrator
DATE: September 27 , 1988
TO: Phil Batchelor, County Administrator
Attention: Claude L. Van Marter,
Assis nt C u A inistrator
TI
FROM: Barton J. Gilbert, ire for o General Services
SUBJECT: County Use of Recycled Paper
As directed in Board Order of August 2, 1988, this is a status
report to the Internal Operations Committee regarding County use
of recycled paper.
1. Cost Differential of Recycled vs "Virgin" Paper.
A number of vendors were contacted and asked to provide
information on the reason recycled paper costs more than
"virgin" paper. Zellerbach, the only company to provide a
written response, reported that recycled bond is comparably
priced with "virgin" bond and xerographic paper. However,
this does not agree with price quotations we have received.
Interestingly, Zellerback also stated that many
manufacturers charge more for recycled versus comparable
"virgin" pulp due to the added process of de-inking. They
also stated that sources are few and mainly on the East
Coast, resulting in added freight costs to California. They
noted that, since manufacturing costs are higher, producers
offer lesser discounts for high volume orders of recycled
papers versus "virgin" papers. They also noted that all
paper is created. at least partially from recycled material.
Conservatree Paper Company responded with samples of their
products. Included with the samples was a small supply of
their xerographic paper. In testing, we found that it
produced copies equal in quality to our regular xerographic
paper. However, with such a short run, we were unable to
determine if there would be any long-term effects as have
been reported by copier companies and other paper
distributors. A cost comparison shows that our currently-
used 8 1/2" x 11" paper costs $2.37 per ream; Conservatree' s
costs $2 .74. Our 8 1/2" x 14" costs $3 .01 per ream; theirs
is $3 . 49. In addition, a shipping and handling charge of
$30 would be imposed. Typically, departments order three
to six reams at one time. A six-ream order would result in
a 50-cent per ream charge, making the cost per ream very
expensive.
Phil Batchelor, County Administrator
Attn: Claude L. Van Marter, Assistant
County Administrator
Page 2 September 27 , 1988
2. Differences Noted by Copier Suppliers.
Zellerback stated that recycled papers tend to have less
stiffness, which can be a problem on copiers and presses.
They also stated that any bond paper (recycled included) has
higher moisture than xerographic papers. Since copiers
require low-moisture paper, bond papers are not guaranteed
for copier use although they often perform trouble free.
Conservatree reports that their ordinary xerographic paper
will run in high-speed copiers.
3. Products Manufactured from Recycled Paper and Our Purchases.
Recycled products include bond, xerographic, and computer
print-out (CPO) papers, hand towels, toilet paper, scratch
pads, stenographic pads, and writing tablets. Of these, the
County currently purchases two types of paper towels and two
types of toilet tissue. Recycled products constitute 100
percent of these purchases. Due to cost differences and
concern about possible problems with recycled paper, we do
not purchase recycled copier paper. Because of past
customer dissatisfaction, our suppliers do not stock scratch
pads or writing and stenographic pads made from recycled
paper. It would be very expensive for the County to
purchase them, since they would have to be obtained on
special order.
Data Processing has tried recycled CPO paper and found it
unfavorable due to improper folding after the paper has been
run through the printers. Excessive chaff caused the
printers and other machines to jam.
4. Recommendations.
I recommend that we continue to purchase recycled hand
towels and toilet tissue. These constitute major purchases
for General Services, Probation, and other departments.
I recommend that we continue with our present suppliers for
copier and CPO papers. This is desirable from both an
economic and an operational standpoint.
We will continue to monitor both the quality and price of
recycled paper products.
BJG:dcg
Solid waste Contra
Commission Costa
County Administration Building Count` , R-z
/
651 Pine Street �
4th Floor, North Wing
Martinez,California 94553-oo95
October 5, 1988
Internal Operations Committee
Board of Supervisors
651 Pine Street
Martinez, CA 94553
Dear Supervisors Torlakson and McPeak:
On July 12, 1988, the Board referred to the Solid Waste Commission, the Internal
Operations Committee, the Community Development Department, and County Counsel a
letter dated May 24, 1988, from Charles Papke, president of Resource Management
Associates regarding "control of the solid waste stream." Mr. Papke is the
consultant hired by the County to assist cities and districts in recycling
planning.
The Commission has met with Mr. Papke, the Community Development Department, and
County Counsel. Mr. Papke's letter identifies four potential problems regarding
the relationship between franchised solid waste collection haulers and their
franchising public agency. In several cases in the County, there has been a
question as to whether the franchised collection companies have the exclusive
right to provide recycling services to the franchising public agency. Addi-
tionally, the issue of control of the waste stream by public agencies is of
general concern in the County. It appears to be in the public benefit to allow
flexibility concerning the operation of recycling services.
The Solid Waste Commission recommends that franchise agreements should not in
any way inhibit recycling efforts, and that if the franchise agreements, or lack
of specific language in franchise agreements limit recycling, the franchise
agreement should be amended as soon as possible. The Commission provides the E1
Cerrito franchise agreement as an excellent example of considering recycling and
the relationship between the collection company and the city concerning recy-
cling. The El Cerrito franchise agreement is the only franchise agreement in
the entire County that gives the city full control over the waste stream. A
copy of the El Cerrito franchise agreement with the appropriate parts marked is
included.
2.
If you have any questions, please contact David Okita of the' Commission staff at
646-2071.
Very truly yours,
Avon Wilson, Chair
Solid Waste Commission
AW/DBO/jn
158:swc.ltr
attachment
cc: Charles Papke,
Resource Management Associates
C. L. Van Marter,
County Administrator's Office
Lillian Fujii,
County Counsel's Office
TWA b
4 6 J 9g
w ACRF�RN
THIS AGREEMENT, made and entered into this 4th day of
April 1983, by and between the CITY OF EL CERRITO, a
municipal corporation of the County of Contra Costa, State of
California, duly formed, organized and existing under and by
virtue - of the laws of the State of California, hereinafter
designated the "CITY" and the EAST BAY SANITARY COMPANY, INC., a
California Corporation, hereinafter designated the "COMPANY,"
CLYDE FIGONE, PRESIDENT,
WITNESSETH:
That for and in consideration of the mutual promises
herein contained, it is agreed by and between the parties hereto
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. The word "garbage" shall mean and include all
animal and vegetable refuse and household waste that shall have
resulted from the preparation of food, and all animal and
vegetable refuse from places where foodstuffs intended for human
consumption are handled commercially, and all cans, bottles, or
other receptacles used as food containers.
Section 2. The word "rubbish" means and includes all
refuse other than garbage, including paper, rags, leaves, grass,
vines, sawdust, cans, ashes, and tree trimmings, but shall not
include rocks, bricks, dirt, concrete, and similar solid
materials.
Section 3. The words "recyclable materials" means and
includes all waste materials which may be commercially
reprocessed for beneficial use which are disposed of for
recycling purposes. These may include, but are not limited to
metals, paper-based materials, glass and oils.
Section 4. The word "collection" shall mean the
collection and disposal of garbage and rubbish. Unless otherwise
required by local legislation, collection shall not imply nor
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require mandatory separation of recyclable rtiate;rials from other
garbage or rubbish.
Section S. The words "local legislation" mean any code,
ordinance, resolution, or other formal enactment of the governing
body of the CITY which now exists or which may hereafter be
adopted which constitutes law or regulation governing the
operation of the COMPANY within or about the political boundaries
of the CITY. In particular, the existent pertinent local
legislation includes Title 8, Chapter 8.12 of the E1 Cerrito
Ordinance Code, as amended.
ART7 TI. The Contract.
Sectio 1. Terms and Purpose. The CITY hereby grants to
the COMPANY, until December 31, 1999 from the date hereof, the
exclusive right, privilege and franchise to collect, remove, and
dispose of, in a lawful manner, all garbage and rubbish
accumulating in the CITY that is� required to be accumulated and
offered for collection to the COMPANY in accordance with the
CITY's local legislation.
It is understood and agreed by and between the parties
hereto that except as otherwise provided herein, all garbage and
rubbish collected by the COMPANY, upon the collection thereof,
shall become the property of the COMPANY, and the CITY hereby
relinguishes all claims to rights of ownership or salvage in and
to said garbage and rubbish.
In keeping with the goals and purposes of the CITY's I
"E.C.ology" program, the COMPANY agrees to cooperate with the I.
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CITY in its effort at source reduction through said program. j
It is understood by and between the parties hereto that
except as otherwise provided herein, the COMPA14Y hereby waives
ownership of any and all recyclable materials collected by
"E.C.ology" or the CITY. It is further understood and agreed by
and between the parties hereto that the CITY may, at its sole
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option, at any time cease its collection of recyclable materials i
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by and through "E.C.ology" or the CITY, and that in the event the
CITY exercises said option, COMPANY hereby agrees to negotiate in
good faith with the CITY to undertake the collection of I
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recyclable materials collected within the CITY and to adjust the �
collection rates established hereunder to reflect increased costs
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t. if any, directly occasioned by and res ted to COMPANY's
collection of said recyclable materials. The failure to achieve
a negotiated agreement whereby the COMPANY undertakes to collect
• recyclable materials shall not in any manner prevent the CITY
III
from exercising its option to cease its collection of recyclable
materials by and through "E.C.ology" and failing to achieve said
negotiated agreement, the City may exercise its right to contract
with a third party for the collection of recyclables.
section 2. Renewal Option. The CITY hereby grants to the
COMPANY an option to request renewal of this AGREEMENT and
franchise granted hereby under terms and conditions to be
negotiated in good faith by and between the parties hereto. The
notice of request for renewal of this Agreement shall be given in
writing no later than one year prior to the termination of this
Agreement.
Section 3 .
The Company may petition the City for reconsideration of
the term of this Agreement in the event that disposal of garbage
and rubbish at a waste-to-energy plant may require that the
Company enter into a waste supply agreement with the operators of
such plant for a time period which extends beyond December 31,
1999.
ARTICLE III. Bervice Rakes and Franchise Fees.
Section 1. Service Rates. In consideration of the
exclusive rights and privileges granted by the CITY in Article
II, Section 1 hereof, the COMPANY shall have the right and hereby
•agrees to charge for the collection and disposal of garbage and
rubbish within the CITY as provided in and in accordance with the
rates established pursuant to local legislation, provided that
if, for any cause, said rates are found inadequate, the COMPANY
. may apply to the City Council of the CITY for a modification of
such rates and the Council, after hearing and ruling upon such
application, may, in its discretion, increase or decrease the
rates as provided in the El Cerrito Ordinance Code, as amended.
The City may initiate consideration for modification of such
rates by providing notice to the Company.
Section_. Franchise F In consideration of the
exclusive franchise granted by the CITY in Article II, Section 1
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herecf, the COMP;. hereby agrees to, pay an..-shall timely pay to +.
the CITY six and one half percent (611/2$) of all gross revenue
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derived by the COMPANY from the collection of garbage and rubbish
within the CITY, which collection rates and rental rates are
regulated pursuant to Article III, Section 1 hereof, during the
term of this AGREEMENT. Said sum shall be payable quarterly on
July 15, October 15, January 15, hnd April 15; the first payment
to be made at the end of the first quarter- under the terms and
following execution of this AGREEMENT, provided however, that
said April 15 and October 15 franchise fee p;aymenta shall be
based upon the COMPANY's estimates of quarterly gross revenue and
further provided that said July 15 and January 15 payments shall
be based upon actual semi-annual gross revenues.
ARTICLE I. Records. Reports and Audit
section 1. Becords. The COMPANY hereby agrees to
maintain such accurate accounting, statistical, and other records
as shall be necessary to account' for all monies received by it
for the collection of garbage and rubbish under the terms of this
AGREEMENT.
Section 2. Right to_ Require Annual Audj-t. The COMPANY
hereby agrees to furnish the CITY with an annual audit prepared
and certified by an independent certified public; accounting firm
chosen and approved by the CITY, which audit shall include an
examination of the consolidated balance sheets, statement of
income, retained earnings, and statement of changes in financial
position of the COMPANY and its subsidiaries, reflecting all
revenues derived by the COMPANY from the collection of garbage
and rubbish under the terms of this AGREEMENT. Said annual audit
shall be furnished to the CITY within one hundred twenty (120)
days after the end of each and every fiscal year during the term
of this AGREEMENT, commencing on the close of the first fiscal
year following execution hereof, and shall cover the period from
July 1 to June 30 of the year next preceeding said audit. It is
further understood and agreed by and between the parties hereto
that any and all costs of said annual audit shall be borne and
timely paid one half (1/2) by the CITY and one half (1/2) by the
COMPANY.
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S--tion 3. Right to T_nspect Recorc'_. The CITY, its
employees or agents, shall have the, right to inspect or review
the bookz, records, and accounts of' the COMPANY, including but
not limited to the income tax returns, payroll tax reports, and
other documents or records required pursuant to this AGREEMENT,
at all times during the term of. this AGREEMENT.
ARZILL,E v. ,Standards.
S-gjio 1_. Performance, The. COMPANY shall perform its
services within the CITY in accordance with the terms of this
AGREEIh1ENT; under the supervision of the City Manager and to the
satisfaction of the City Council, and without charge to the CITY.
section 2. _Compliance with Law and Regulations. The
COMPANY shall comply with any and all requirements of all
applicable local, state, and federal authorities now in force or
which hereafter may be enacted, and with any and all applicable
existing local legislation of the CITY, including but not limited
to title 8,. Chapter'- 8.12 of the El Cerrito Ordinance Code, as
amended. The COMPANY further agrees that at its own expense, it
shall provide and maintain a sanitary and efficient collection
service sufficient in capacity to systematically, and in a
sanitary manner, collect all of said garbage and rubbish within
the CITY upon the basis of the fees and charges set forth in this
AGREEMENT and local legislation.
Section 3. Service Intyal. In consideration of the
exclusive franchise granted herein, the COMPANY shall make
regular collections of garbage and rubbish from private
residences and places of business not less than once per week or
as otherwise required in accordance with the provisions of
Article 8, Chapter 8.12, Section 8.12.230 of the E1 Cerrito
Ordinance Code, as amended.
.Section 4, Disposal Site Availability. The COMPANY shall
maintain by purchase, lease, or otherwise a disposal site
adequate to meet the needs of the CITY throughout the term of
this AGREEMENT. Said disposal site shall be made available for
public dumping by any and all residents and property owners of
the CITY on the same conditions as residents and property owners
of the city in which said disposal site is located may use said
disposal site. It is further agreed by and between the parties
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hereto that the L PANY shall timely comply _.it.h directions fro-
the CITY to direct collected garbage and rubbish to available
disposal sites other than the disposal site maintained by the
COMPANY as provided herein, provided that the COMPANY shall be
permitted to modify collection rates to , cover those costs
occasioned by and resulting from a change in disposal site
directed by the CITY.
Section 5. Local Bu iness Office and Telephone. The
COMPANY shall maintain a corporation yard and office. Said
office shall be kept open during the usual business hours by one
or more persons whose duty it is to represent the company in its
relations with the CITY and the persons from whom it is
collecting garbage and/or rubbish or who may offer garbage and/or
rubbish for collection.
The COMPANY agrees that each of its employees, except
those of its office force, shall carry suitable identification
establishing- his or her employment with the COMPANY,.
Section 6,6, Mandated Changes. In consideration of the
exclusive franchise granted herein, it is understood by and
between the parties hereto that the CITY may require changes in
collection or disposal methods, including but not limited to the
collection and disposal of garbage, rubbish, recyclable
materials, and garden clippings, and may further require
implementation of changes in applicable technology for the
purpose of securing the most -efficient and up-to-date methods of
collection. The COMPANY hereby agrees to comply with said
mandated changes, provided that if such changes result in
.increased costs to the COMPANY, the COMPANY shall have the right
to apply for an increase in 'the rates pursuant: to Article III,
Section 1 of this AGREEMENT, and further, the COMPANY shall have
the right to apply for an increase in rates occasioned by changes
in disposal methods or sites mandated by any higher political
body which may now or in the future have legal jurisdiction in
these matters.
ARTICLE VI. Exclusive Franchise.
Section 1. Exclusiveness of FranchiU. The COMPANY shall
have the exclusive right to and shall collect and dispose of all
garbage and rubbish required under local legislation to be placed
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