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Home My WebLink AboutMINUTES - 03281995 - 1.57 s Jr 1 .57 thru 1.61 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 28,1995, by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None ----------------------------------------------------------------- ----------------------------------------------------------------- SUBJECT: Correspondence Item No. 1.57 LETTER dated March 10, 1995 from D. J. Levy, 2121 North California Blvd, Suite 1010, Walnut Creek 94596, attorney representing the Mt. View and Rodeo Sanitary Districts, relative to the issuance of a Request for Proposals by the Board of Supervisors for garbage franchises when existing franchises are valid to the years 2011 and 2001 respectively. "REFERRED TO COUNTY COUNSEL 1.58 LETTER dated March 8, 1995, from Elaine S. Dunlap, 547 Lakewood Road, Walnut Creek 94596, on behalf of Ida B. Smith, alleging "price-gouging" by the County's ambulance service, American Medical West. "REFERRED TO HEALTH SERVICES DIRECTOR 1.59 LETTER dated March 15, 1995, from John A. Biard,P.O. Box 2861, Martinez, attorney on behalf of Dr. Ronald and Dorothy Gammon,relative to the investigative process required for the construction of his client's new residence on Silver Hill Road, Lafayette. "REFERRED TO BUILDING INSPECTION DIRECTOR 1.60 LETTER dated March 15, 1995, signed by officers of the Greater Concord Chamber of Commerce, 2151-A Salvio Street, Concord 94520, expressing concern that the Airport Improvement Program is in jeopardy and urging support for legislative efforts in this area. "REFERRED TO PUBLIC WORKS DIRECTOR 1.61 LETTER dated March 9, 1995, from Art Agnos, U. S. Department of Housing and Urban Development,450 Golden Gate Avenue,San Francisco 94102-3448,requesting endorsement of the $7 million Bay Area Innovative Regional Homelessness Initiative. "REFERRED TO HEALTH SERVICES DIRECTOR I hereby certify that this is a true and correctcopyof an action taken and entered on the minutes of the Board of Supervisors on thge date shovIn. ATTESTED: r�.ZS, i qn PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator C_ • �_Lputy CC : Correspondents Health Services Director Public Works Director Building Inspection Director County Counsel =4 t - 57 MCCABE, SCHWA-RTZ, EVANS, LEVY Lc DAWE PROFESSIONAL LAW CORPORATION TRACY D. ALEXANDER CALIFORNIA PLAZA ANTHONY CARY STEVEN R. CHARNOt 2121 NORTH CALIFORNIA BOULEVARD, SUITE 1010 OF COUNSEL DEAN A. CHRISTOPHERSON* JAMES N. DAWE WALNUT CREEK, CALIFORNIA 94596 DAVID J. LEVY BRIAN P. EVANS TELEPHONE (510) 934-6082 OF COUNSEL BEVERLY J. LAVIN MICHAEL P. MCCABE KENNETH H. LAVIN FACSIMILE (510) 934-1507 OF COUNSEL MARCHMONT J. SCHWARTZ ARLENE SEGAL LEO J. O'BRIEN OF COUNSEL ALSO ADMITTED IN WASHINGTON STATE tALSO ADMITTED IN CONNECTICUT 6 NEW YORK March 10, 1995 The Honorable Chairperson and Supervisors Board of Supervisors R ECE ED County Administration Building 651 Pine Street =E1 Martinez, CA 94553 Re RFP's for Garbage Franchises FCLERKBOAR®07 SUPERVISORS Mt. View Sanitary District CONTRA COSTA CO. Rodeo Sanitary District Board Meeting February 28, 1995 Our File Nos. 504-001 and 602-001 Dear Chairperson Bishop and Supervisors: At the Board's meeting on February 28, 1995, I appeared on behalf of Mt. View Sanitary District and Rodeo Sanitary District and stated that it was untimely to issue RFP's for garbage franchises in Mt. View Sanitary District and Rodeo Sanitary District as the existing franchises with Pleasant Hill Bayshore Disposal, Inc. , are valid to the years 2011 and 2001 respectively. On behalf of both Districts, we contend that the county's authority to franchise or contract for garbage collection is derived from Division 30 of the Public Resources Code (Sections 40000 - 49999) . However, Section 40059(b) prevents the abrogation of the existing franchises. It specifically provides: "(b) Nothing in this division modifies or abrogates in any manner *** either of the following: (1) Any franchise, previously granted or extended by any county or other local governmental agency. (2) Any contract, license, or .any permit to collect solid waste previously granted or extended by a city, county, or a city and county. 504-001/B1shop/11tr/DJL/car ' MCCABE, SCHWARTZ, EVANS, LEVY & DAWE ♦ r OROFESSIONAL LAW CORPORATION �. Ms. Gayle Bishop March 10, 1995 Page 2 We again reiterate that it would be illegal and in violation of Section 40059(b) for the county to act in a manner that will "modify or abrogate" the existing franchises. Yours very truly, McCABE, SCHWARTZ, EVANS,. LEVY & DAWE Professional Law Corporation David Lev DJL/car cc: Supervisor Tom Powers District 1 100 37th Richmond, CA 94805 Supervisor Jeff Smith District 2 651 Pine, Room 108a Martinez, CA 94553 Supervisor Gayle Bishop District 3 18 Crow Canyon Court, Suite 120 San Ramon, CA 94583 Supervisor Mark De Saulnier District 4 2301 Stanwell Drive Concord, CA 94520 Supervisor Tom Torlakson District 5 300 East Leland Road, Suite 100 Pittsburg, CA 94565 Mr. Val Alexeeff, Director Growth Management .& Economic Development Agency 651 Pine Street North Wing, 2nd Floor Martinez, CA 94553 504-001/Bishop/ltr/DJL/car MCCA$E, SCIIWARTZ, EVANS, LEVY & DAWE � PROFESSIONAL LAW CORPORATION Ms. Gayle Bishop March 10, 1995 Page 3 Victor J. Westman County Counsel Contra Costa County 651 Pine Street P. O. Box 69 Martinez , CA 94553 Mr. Phil Batchelder Clerk of the Board of Supervisors County Administration Building 651 Pine Street Martinez, CA 94553 Mr. Ken Etherington Pleasant Hill Bayshore Disposal, Inc. 441 North Buchanan Circle Pacheco, CA Board of Directors,. Mt.. View Sanitary District Board of Directors, Rodeo Sanitary District 504-001/Bishop/ltr/DSL/car