HomeMy WebLinkAboutMINUTES - 06131989 - 2.3 TO'. BOARD OF SUPERVISORS
FROM: Victor J. Westman Cjwtra
Costa
DATE: May 31, 1989 Co
*
SUBJECT: Notices to Solid Waste Collectors in the Discovery Bay and West
Pittsburg area that any exclusive rights they may have terminates in
five years
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) a BACKGROUND MID JUSTIFICATION
RECOMMENDATIONS:
1 . Approve the attached notices to be sent to Solid Waste Collectors
in the Discovery Bay and West Pittsburg area, terminating any right these
collectors may have to continue providing exclusive solid waste collection
services .
2 . Authorize the Chairperson to sign the notices on behalf of the
Board of Supervisors .
BACKGROUND:
Earlier this year, the Internal Operations Committee met with staff
and with Silvio Garaventa, Jr. , Michael P. McCabe, attorney for Mr.
Garaventa, and Tim Flannagan representing Waste Management. The purpose of
the meeting was to discuss proposed guidelines for franchising solid waste
collection in the Discovery Bay and West Pittsburg areas . Mr. McCabe
argued that franchising solid waste collection service in these areas is
not necessary in view of the competitive service that has been provided by
the current collectors . Mr. McCabe also asserted that the collectors
currently providing service in these areas are entitled to continue to
provide such service for five years under Health and Safety Code section
4272 .
The County Counsel' s office does not completely agree with Mr.
McCabe's position. The Board of Supervisors has requested that the County
Counsel's Office prepare notices complying with the requirements of Health
and Safety Code section 4272, directed to the current solid waste
collectors serving the Discovery Bay and West Pittsburg areas, indicating
the Board' s intent to provide or authorize exclusive solid waste handling
services in those areas and return such notices to the Board of Supervisors
for approval .
CONTINUED ON ATTACHMENT. _ YES SIGNATURE: •
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ON June 13 , .19 89 APPROVED AS RECOMMENDED OTHER
DEFERRED action on notifying solid waste collectors in the Discovery Bay
and blest Pittsburg areas of termination of exclusive rights pertinent to
solid waste collection services ; and REQUESTED the Director of Community
Development to provide a status report to the Board on July 11 , 1989 on
negotiations pertinent to franchise agreements .
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT - - - ) 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.
cc: Community Development ATTESTED June 13 , 1989 _
County Administrator PHIL BATCHELOR. CLERK OF THE BOARD OF
�/�/ S�UPE�RVISORS AND COUNTY ADMINISTRATOR
M382/7-83
BY J�'�'7"v�'V �� 1'� DEPUTY