Item 14 - EA & Award of Bid for City's Solid Waste & Recyclables Collection & Disposal Svs
TO:
AGENI'~ REPORT SUMMAB'tsTnUTED
FROM:
INITIATED BY:
Honorable Hayor and Hembers of the City Council
James L. Bowersox; City Han~
John D. Fitch, Assistant City HanagerC1)lr
James R. Williams, Director of Public ~ervices~
September 20, 1994
DATE:
SUBJECT:
Environmental Assessment and Award of Bid for the City of Poway's Solid
Waste and Recyclables Collection and Disposal Services. The Issuance of
a Negative Declaration (indicating no significant adverse environmental
impacts anticipated) is recommended.
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ABSTRACT Bids were opened at 5:00 p. m. on September I, 1994 for the City of Poway's
exclusive franchise for the collection of solid waste and recycling. It is recommended
the exclusive franchise be awarded to the lowest responsive, responsible bidder,
Mashburn Waste and Recycling Services.
This report addresses the potential environmental impacts associated with the City of
Poway entering an exclusive franchise for solid waste and recyclables collection and
disposal services. The issuance of a Negative Declaration is recommended.
ENVIRONMENTAL REVIEW The solid waste disposal and recycling needs for the City of
Poway are currently provided by five different solid waste management companies. An
environmental evaluation of converting to an exclusive franchise was conducted tp
determine the potential environmental impacts. The initial study indicated that the
~~ project would create a positive effect through the reduction in the number of trucks
~ entering and serving the City, a corresponding reduction in air pollution while still
maintaining a consistent high level of health and safety. Based on these findings, the
issuance of a Negative Declaration is recommended.
FISCAL IMPACT Effective January 1, 1995, award of this franchise will save the City of
Poway apprOXimately $230,000 annually, and reduce sol id waste rates by an average of
25% for all residents and commercial customers.
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1. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A copy of this report has been
provided to the general managers of candidate solid waste management companies: Jerry
li Murphy, Browning-Ferris Industries; Conrad Pawelski, Coast Waste Management, Inc.; Fred
~ Penning, Waste Management, Inc.; Jeff Ritchie, Mashburn Waste & Recycling Services; and
'j Rick Berlin, Laidlaw Waste Systems.
RECOMMENDATION It is recommended that the City Council award the exclusive Solid
Waste Franchise to the lowest responsive, responsible bidder, Mashburn Waste and
Recycling SerVices, in the aggregate and extended, .unit price amount of $3,758,936.68,
and to issue a Negative Declaration.
ACTION Approved staff recommenda t i on. 4-0. Councilmember Callery absent.
~~~~-'
Marie Lofton, Deputy City Clerk
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1 of 16
SEP 2 0 i994 ITEM 4
Thursday
September 22, 1994
"". POWAY C -
1 ~ EWS .. HIEFIAIN
New trash deal
should c'ut'bills
by about 25 %
By Melissa B. Tamberg
Staff Writer
I
The City Council talked trash
Tuesd;iynigbt, voting unanimous-
ly to grant an exclusive franchise
to haul Poway's garbage to
Mashburn Waste and Recycling
Services.
One of five companies current-
ly holding permits to haul the
city's trash, Masbburn submitted
the lowest bid for the contract to
collect solid waste and recycling.
Effective Jan. 1. the franchise
is expected to save the city
approximately S230.()(x) annually.
and will reduce solid waste rates
by an average of 25 percent for
all residents and commercial cus-
tomers; according to City
Manager Jim Bowe~ox.
\ In addition, downsizing from
fi~ baule~ to one will alleviate
the ....number of garbage tru cks on
/
Poway streets, noted Public
Services Director Randy
Williams.
Another benefit of the fran-
chise is that it will afford the city
greater regulatory powe~ and will
aid in Poway's recycling efforts,
Williams said.
"This franchise holds
(Mashburn) liable to meet AB
939 reductions," he explained,.
refening to mandates requiring
cities, by 1995, to reduce by 25
percent the amount of materials
going to landfills. By the year
2000, the waste must be reduced
by 50 percent
In 1992, when the City
Council approved contracting
\\~th an exclusive hauler, it agreed
to limit the bidding of the fran-
chise to the five collecto~ already
providing services: Mashburn,
Please see GARBAGE, page Al0
September 22.1994 :-.
1m Garbage
Continued from page Al
L;1idlaw Waste Systems, Coast
Waste Management, Browning-
Ferris Industries. and Waste
Management of San Diego.
. . In excbange,.lbe companies
agreed to work under a permit for
three years, at which time the
franchise would be granted, rather
than wait. the full five years for
amortization.
"Otherwise, we would have
had to wait until 1997 to do a
franchise," Bowe~ox explained.
City of
t1Cr."t~ NY''!
I Published by the City of Poway
Winter 1994
Volume 12 Number 4
City gets single waste franchise
Not too many years ago, the most we thought about trash
disposal was to remember what day to carry it to the curb
for collection. Some of us wish for the good old days!
Solid waste management has become one of the munici-
pal services provided to residents that generates the most
sensitivity to method of operations, cost, practice, and long-
. term importance to environmental preservation. Responding
to these concerns, the California State Assembly introduced
legislation to minimize landfill disposal. Assembly Bill 939,
the Integrated Waste Management Act of 1989, was put into
force on Jan. 1, 1 990.
This act mandates achieving the reduction of solid waste
going to landfills by 25 percent no later than 1995, and an
additional 25 percent (50 percent cumulative reduction) by
the year 2000. One approach to controlling materials going
to landfills is to centralize all efforts for solid waste collec-
tion and disposal with one servicing organization - imple-
ment an exclusive franchise.
On Jan. 14, 1992, after much research, a public hearing,
considerable public input and debate, the Poway City
Council voted "yes" to implement a single solid waste and
recycling services franchise to become effective Jan. 1,
1995.
The City had three objectives in going to a single fran-
chise:
. To provide refuse and recyclables collection and dis-
posal services to the city's residential and commercial
customers at less than the current charges, while main-
taining a high quality of service.
. To minimize Poway's waste stream but, as a minimum,
to achieve the 25 percent and 50 percent waste diver-
sion goals mandated by the Integrated Waste
Management Act.
. To ensure the franchise does not fail for financial rea-
sons and the Franchisee will have an incentive to pro-
vide maximum long-term performance in meeting the
city's financial and operational objectives.
A complete bid specification package was provided to
each of the five permitted haulers and bids were opened on
Sept. 1, 1994. Following an evaluation of the bids received,
staff determined Mashburn Waste and Recycling Services to
# be the lowest responsive, responsible bidder. A public hear-
ing of the City Council was held on Sept. 20 to award the it
franchise.
Some of the changes residents will see beginning Jan. 1,
;c~
~a
As~ Do-it-Yourself Oil chang-
er, you can participate in oil
recycling! Just bring yaur used,
unmixed, ail (up ta 5 gallans)
inta .one .of F'away's Recycling
Program Centers
CHIEF AUTO PARTS - 13397 Paway Raad
. Everyday 8 a.m. ta 11 p.m.
I<Ri\GEN AUTO PARTS - 13272 Paway Raad
. Manday-Friday 8 a.m. ta 9 p.m. "
. Saturday 8 a.m. ta 8 p.m.
'Sunday 8 a.m. ta 7 p.m.
" all FilTERS ALSO ACCEPTED
Shauld the abave lacatians be unable ta accept
yaur ail due ta containers being full, used ail
and ail filters will be accepted by appaintment
aI"jlyat the City .of Paway by calling 679-4373.
The Used Oil Recycling Program is spansored by the
California Integrated Waste Management Board and
JE;;< the City of Poway' .
1995, include:
. A reduction in rates - approximately 25 percent-~
*- for all residential and commercial customers of the
franchisee,
. Restrictions on operating hours in residential neigh-
borhoods (no earlier than 7 a.m. or later than 6 p.m.)
for collection vehicles,
. A reduced rate for residential customers who can
limit their general trash to less than one 40-gallon can
per week (excluding recyclables and green waste),
. A reduction from nine trash vehicles in your neigh-
borhood each week to three or less,
. And much more.
In late November you will receive an informational
packet in the mail from Mashburn Waste and Recycling
Services, describing all services and procedures that will
start Jan. 1, 1995. If you need additional information, you
can call Mashburn's Customer Services Department, 743-
7710.
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LAW Of"F'IC ES
SuL1.IVAN, HILL, L:EWI~ & MARKHAM
5~C ...tS-T C 9TAtr.T SUITe 1!oC,C
h.!': tl':5Go, <:"4tll'ORJ<lA 02'0' -31540
TCI.CO"'ONC ,e'li) 2';13....100
r".~ ~61al !::J1-4);7f:
!H: C~ I nm SEP 2 1 189,
Septembe~ 20, 1994
VIA FACSIMILE i U.S. )AIL:
(619) 440-n01
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Stephen M. Eckis, Esq.
MCDOUgal, Love, Eckis &
460 N. Magnol ia A.....enuE'
Drawer 1466
El cajon, CA 920~O
Grindle
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Re&1inq
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Mashburn
City of
Waste I<
1>olo7ay SoUd Waste ,.
kecyc11~f SerVices
Dp,'-'r Mr. Eckis:
Franchise
,
As you are aware, this la,' firm represents Mashburn Waste &
RGcyclil1g Service!: ('Ua<:hburn"). It has been h.c"cu'1ht to OUl.
attention that in conn action ~ith the recent City of Po~ay noqu~st
lor Bids for Sol id Wa:;te and Recycling Franchise ("RFlJ"), one of
~he bidders for ~he fr.nchiso has unotticially requested a copy of
l1ashburn's response tc the RFB.
~lashburn' S proposal sl.bJ:li tted in response to the RFB ("PrDpDsa l")
.is e:>:empt froJ:l the ge'loral disclosure requi.rements of Cali fornia
<,ovcrnlTlcnt Code :oecti;'l"l G250 (See 68 Op. Att0:t'JI"'Y 0.:11 eel. 16
\ 1985)). Using the b.llancing test of California COVernT.ler,t Code
section 6;255, the A.~torney Gel1eral concluded, based on the
re;.,soninq Of National l;'arks and Conservation Association v. ~e,
547 F.2d 673 D.C. (19,'6), that:
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..;i~h respect !.o pre-qualification financi.al statcD.ents
from potential 17idders I a court would probc.l.>J,< hoJ d,
subject, of course, to the limi"tless varlE:T,y ot'
ext.aneous circuEstances ....hich might appear in a given
case, that the interests on the part of the local agency
in not chilling future information-9athering abill~; in
prospective contr.ctual relationships, and on "the t:~rt of
such ent:A'='prise in ?):"ol:",cting it~ 1"9iti"''''t" privacy
interests as w~ll as in the preservation of its
undisclosed compr;,ti ti ve adval1t:ages, would out....eigh the
~u~lic's neea !.o ~e informed with regard to tn~ cont~nts
of such financial statements.
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03'14'95 09:00
'5'619 7 H 1455
CITY OF PORAY
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S1.1Ul'.:o\N. Hill, LEWIN & MAl'lKI:AM
Stephen M. Eckis, Esq.
September 20. 1994
.Page 2
68 op. Attorney Gen. C,ll., sU'Pra, i!l't l!>, 16.
The facts surrounding the Mashburn Proposal are analogc~~'to the
facts in 68 Op. Attorney Gen. Cal. 16 in that 'the Mashburn Proposal
i~ SiJ:lilar to the pre-G:ualificatioh financial s'tatemen'l:s requested
by t'he county iron> pot.ential bicider& since the I'ropos::!l contains
confidential, pX'opriet..ry financial information.
III ",Mition, the Mashl:urn proposal com:a1ns intorna'tion \,Thich is
within the California Civil Code definition of tra{l", sec:..-ets,
spr,cif ically infor:matic:n inc1 udinq a formula, pattern. e,)rnpi j a t ion,
program, device, roethoj, technique or process that: (1) d~T.ives
independent economic value, actual or potential, froll1 not being
g":n"'~ally kno....n to th.. pUbli" or to other persons ....ho c"" .01:>1:ai"
econol:1ic value from th:'.s disclosure or Use; ana (2) as the SUbject
of effort:s that are reasonable unde. the circumstances Lo main'ta.in
its secrecy. lcal. Civ. Code S 3426.1(d).J As trade secrets, the
information falls wit:'lin the p.ivilege of $llbdivision (k) of
CaLifornia Governl:lent: '::ode section 6254. (See Cal. Evidence Code
s~~t.ion 1060; Californ:;a School ElllPlovees Association v. SunnYvale
?]!;];:entarv School Dis1::;~ict, 36 Ca1.App.3d 46, e;e; (1973)).
The format of the Mashburn Proposal, 'the contents, thureo!, the
!llethodology of persuas:.on and presentation are aU r.ompi.lations ot
naterial l.'hich cons't.it:\;t.e trade secrets. The compilation obviously
provides Mashburn a business advantag~, otherwise, a bidder who ~as
not awarded the Poway franchise eontract vou'" net be reque!iting ..
copy of such informati,n. In good faith, Mashburn presented its
proprietary and confidE:ntia1 compilation of information to the city
01.: Po~ai'. To allo~.. a competitor to have aC",es$ It) that
cOr.fidential informa'ticm lJo-uld be patently unfair. It 1.Jould act to
chill full and cornple:te partiCipation and provision of useful
information to public e:1tities. It provides eornpetiti,v{, "dvantages
to those who have not: developed thOse advantages by their o.m
sk;,.ll.
On a related matter, """! understand that the City"" i1) release the
deta i led rate st:rUctLlr~ for w4ste ha\.lling- l'ervlces cont:alned in
Mashburn I S proposal at the tirne Mashburn COIl'.l!lences s:er'ri.cp.s uncier
the franchise agreement.. We agree that it is in the be::t interest
of the City, the Poway residents and the waste hauler to release
information regarding the rates simultaneous with Mashburn
providil'l9' services pur<:uant to the franchise agreQlnel"lt. Tllia will
insure a more orderly transition from the City's current sJ'sten:
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03'~~'95 09:01
'5'619 7 H 1<55
on- OF POIl'W
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LAW Orf".c'S
SUlJ.l\'Al\, HILL. LEWIN & MARK;{AM
Stephen M. ECkis, Esq.
September 20, 1994
Page 3
us t ng t j ve ditferent '::raSh haulers 'to an exclusive ",1(',ste hatJling
franchise.
he respectfully requeit that if the City of l'oway rec~ives any
rC'quc:>t.s for the Mashl;'Jrn Proposal or in1'ormaticn cont.ained in the
Ma~nhurn Proposal, including the specific rate structu~e fu~ Wa5t~
hauling service$, w~ether those requests are official or
uno1'ticial, that the city contact us imlnediately before the City
taKes any action so t.hat the rightlO of Mashburn as :;afeguarded
u:1der California laH <.re not abridged.
Please contact J:le if you have questions.
Very truly yours,
SULLIVAN, lULL, L!HIN " !".A.RKHAM
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~d>;/' , .-21,',) )1,
B'i~,/j/.//',/;'l~'~~':'Af.-e ~
,.~DELINE: CLARK SILI'ERMAN
Mr.5;lldr
c: Hr. James J.lashburn, President
Mr. J~ffrey S. Ritchie, General Manager
007676S.W?
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MEMORANDUM
TO:
Rita Berglund, Customer Services Manager
FROM:
James R. Williams, Director of Public Services
DATE:
September 21, 1994
SUBJECT: Solid Waste Franchise Aoreement
As you are aware, last night the City Council ~warded the City-wide franchise agreement
to Mashbum Waste and Recycling Services-effective January 1, 1995. Until December
30th, Mashburn will be making the necessary adjustments to complete the transition.
Since your division receives numerous inquiries from residents new to Poway a~d
residents wishing to change from their OJrrent hauler, the following information is provided
to assist your division during the transition period
. Infonn residents the City a.Jrrenll'{ has three pennil1ed residential haulers; however,
starting January 1, 1995 Mashburn Waste & Recycling Services will be the
exclusive hauler collecting solid waste and recyclable materials within the City of
Poway.
. Mashburn's toll-free Customer Services number is 743.7710. Two additional
Poway telephone lines will be installed the beginning of December.
A cost breakdown of Mashburn's rate schedule is al1ached for your information. The
aggregate of this information is considered by Mashburn and our City Allorney to be
confidential business information. It is acceptable to share rate information in answer to
specific questions like: "How much will it cost for a 3 cu. yd. bin to be collected twice
weekly?" However, do not release the entire list without authorization from the City
Allorney. Please fet me know if I can provide any further information.
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Allachment
II~~
COAST WASTE MANA(;r~MENT, iNC.
F'....(J~E: (ti1~} 929.9400
(619) 4S2.9ff11)
FA>::: /~1gl931 0211!1
6&60 EL CAMINO AEA.L, P.p. GOX ~'7. CAALS8AO. CALIFORNIA i20,a.OeA7
March 15, 1995
Kyla Evar~on
13561 Comuna Oriv~
Poway, CA 92064
SUBJECT; September 1. 1994 I'ow~y Tr..~h 8l.d (lp~n~nB
Dear Mr. Everson!
Neithar I or anyon~ in my company und~r&tood that th~ Poway trash
bid opening wae an open bid llnd thet we W~r~ allowed to be pr~s~nt
on,5eptQmbaf I, 1994. the eChaduled bid opening date.
Had we been aware of ~n open bid and bec.su9EI of past experiences w1th
bid op~nings. our firm would h<<ve been repre.ented by an 8~.r.t or me.
I was surprised to hear that in your met tins on Fridey. Merch 11, 1995.
Randy WllHarr.5 told Ji,n lluckJ.~>', Al1na Pappas. and you that all participants
ware invited fo the September 1. 1994 bid opening.
Sincne).y.
~.J
Arb de Jon&
Director
Coast Weste Xanagement, Inc.
ADJI
CC: Jim Buckley
. ~.r..TJ5F;FD CU~,'('~MI J.( I!. OliR' I, I.!' t:l~N~dDLfoJ.rln""
11.1 Events of Default
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ARTICLE 11. DEFAULT AND REMEDIES
Each of the following shall constitute an event of default ("event of default") hereunder:
A. Failure to Perform. Contractor fails to perform its obligations under this
Agreement, as it may be amended from time to time, and: (1) if the failure or refusal of
Contractor to perform as required by Article 5 or Sections 9.2 or 5.14 of this Agreement
is not cured within two (2) business days after receiving notice from the City specifying
the breach; or (2) in the case of any other breach of the Agreement, the breach continues
for more than thirty (30) calendar days after written notice from the City Manager for the
correction thereof, provided that where such breach cannot be cured within such thirty
(30) day period, contractor shall not be in default of this Agreement if Contractor shall
have commenced such action required to cure the particular breach within ten (10)
calendar days after such notice, and it continues such performance diligently until
completed.
(j
B. Misrepresentation. Any representation or disclosure made to City by
Contractor in connection with or as an inducement to entering into this Agreement or any
future amendment to this Agreement, ~ proves to be false or misleading in any
material respect as of the time the representationOr disclosure is made, whether or not.
any s~ch representation or disclosure appears as part. of this Agreement;
C. Seizure or Attachment. There is a seizure or attachment (other than a
prejudgment attachment) of, or levy affecting possession on, the operating equipment and
facilities of such proportion as to substantially impair Contractor's ability to perform under
this Agreement and which cannot be released, bonded, or otherwise lifted within seventy-
two (72) hours excluding weekends and holidays.
D. Financial Insolvency. Contractor files a voluntary petition for debt relief under
any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter
in effect, or consents to the' appointment of or 'taking of' possession by a receiver,
liquidator, assignee (other than as a part of a transfer of equipment no longer useful to
Contractor or necessary for this Agreement), trustee (other than as security for an
obligation under a deed of trust), custodian, sequestrator (or similar official) for any part
of the Contractor's operating assets or any substantial part of Contractor's property, or
makes any general assignment for the benefit of Contractor's creditors, or shall fail
generally to pay Contractor's debts as they become due or shall take any action in
furtherance of any of the foregoing;
E. Court Decisions. Any court having jurisdiction shall enter a decree or order
for relief in respect of the Contractor, in any involuntary case brought under any
bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or
Contractor shall consent to or shall fail to oppose any such proceeding, or any such court
shall enter a decree or order appointing a receiver, liquidator, assignee, custodian,
trustee, sequestrator (or similar official) of the Contractor or for any part of the
Pwy.fran.agr 9-20.94
-37-
Contractor's operating equipment or assets, or order the winding up or liquidation of the
affairs of Contractor.
F. Reasonable Assurances of Performance. Contractor fails to provide
reasonable assurances of performance as required under Section 11.6.
~11.2 Rlqht.12. Terminate Upon Default
Upon a default by Contractor, after any required notice, the City Council shall have the
right to terminate this Agreement without need for any hearing, suit or legal action.
11.3 Possesslon.2i Prooertv Upon Termination
In the event of termination for default, the City shall have the right to take possession of
and use in the provision of services enumerated under this Agreement any and all of
Contractor's land, equipment, and other property (excepting solid waste) used or useful
in the collection and transportation of solid waste and the billing and collection of fees for
these services. The City shall have the right to retain the possession of such property
until other suitable arrangements can be made for the provision of solid waste collection
services, which may include the award of an agreement with another waste hauling.
company, but in no case for more than 45 days. If the City retains possession thereof
after the period of time for which Contractor has already been paid by means of bills
issued in advance of providing service for the class of service involved, the Contractor
shall be entitled to the reasonable rental value of such property.
Contractor shall furnish the City with immediate access to all of its business records
related to its billing of accounts for services.
11.4 City's Remedies Cumulative: Specific Performance
The City's right to terminate the Agreement under Section 11.2 and to take possession
of the Contractor's properties under Section 11.3 are not exclusive, and the City's
termination of the Agreement shall not constitute an election of remedies. Instead, they
shall be in addition to any and all other legal and equitable rights and remedies which the
City may have.
By virtue of the nature of this Agreement, the urgency of timely, continuous and high
quality service, the lead time required to effect alternative service, and the rights granted
by City to the Contractor, the remedy of damages for a breach hereof by Contractor may
be inadequate and City shall be entitled to injunctive relief.
11.5 Excuse from Performance
The parties shall be excused from performing their respective obligations hereunder in the
event they are prevented from so performing by reason of floods, earthquakes, other
"acts of God,' war, civil insurrection, riots, acts of any government (including judicial
action), and other similar catastrophic events which are beyond the control of and not the
Pwy.fran.agr 9-20-94
-38-
13.8~
Each of the followIng Exhibits is attached hereto and incorporated hereIn and made a part
hereof by this reference.
Exhibit A . Frequency and Location of City Bins and Collection
Exhibit B . Recycling Public Education Program
Exhibit C - Schedule of Maximum Rates to be Charged
Exhibit D . Rate Increase Example
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DATED' f::l;/
CONTRA TOR:
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DATED: Cj -~ 1- ~'-I
CITY::
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Mayor .:)
ATTEST:
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By:
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COAST WASTE MANAGEMENT, INC.
PHONE: (61~) 929-9400
l61~) ~52.9B'O
FAX: IC,9l931-02,9
5fltl<O [!l eM/,INO REAL, P.O. BOX $047, CARLSBAD. C/~lIFORNlA P2018.Q947
September 23, 1994
Steven M. Eckls
City Attorney
City of poway
P. O. Box 789
Poway, CA 92074-0789
RE: REFUSE AND RECYCLING SE..~VICES BID
Dear Mr. Eckls:
Please consider this Jelter as my fonnal request to obtain the rate
infonnalioll 011 residential, commercial, llldustriaJ, and recycling services
from Mashbul1l Waste and Recycling Services who has beell detennined to be and
approved on 'lilesday, Se.ptember 20, 1994 by the City Council as the
successful bidder to provide these services for the City of Poway.
.
I appreciate YO\lr consideration and tha."lk you in advance ill providing me
with the requested iJlfonnalion.
7
Sincerely, y
Arie de rong
OWller/lJirector
Coast Waste Management, rnc.
ADl/mb
cc: lames R. Williams, P.E.
Director of Public Services
Cily of Poway
A SATISFiED cusroMER I,S OUR FIRST CONSIDERATION
~,
~
- CITY OF POWAY-
DON HJ(j(iIN!lO;\l, Mllyt.'r
llOn EMF.RY. D'PllIY MUlW
.u. TOSY SSF.SKO. C\.l1.mcilmcmbeJ'
SUSAN CAI.L~kY, Councilmemhc:r
MICKEY CAJ;AGNA. Counc.illllcmhcr
---..
october 13, 1994
COAST WASTE MANAGEMENT, INC.
5960 El Camino Real
P. O. Box 947
Carlsbad, CA 92018-0947
ATTN: Arie de Jong, owner/Director
Re: Refuse and Recvclinq Services Bid
Dear Mr. de Jong;
I am in receipt of your letter dated September 23, 1994,
requesting the "rate in.formation" on residential, commercial,
inciu.strial and recycling. services from Mashburn" !IS the successfu~
bidder to provide services to the city of Poway. I have notified
Mashburn of the request and they have objected to the release of
any information. One of the bases for the objection is that it is
unclear from your request what you mean by "rate information."
... "I'have indicated to Mashburn 'that my office will make a prompt
determination of what materials should be released. I have advised
them to provide me immediately in writing with any legal authority
bearing on the issue of what can and cannot be released.
MeanWhile, I ask that you clarify in writing what you mean by "rate
information." For example, is that term limited only to the rates
.,~~~~~~!3~~~ei\sio~~~l frif~JinWf~ri:~~;e\:a~~~rYt~~. ;~~g obrtfo w~~~-
determined?
,','
I?ME/kprn . " .
co: ".; James L. BOl.'ersox, City Manager
I".
- ~~iling Addre~~:
r '.., "tC,.."Ii-\II.;.;:....,
. ,e:.
City Ha!! Lc'cated at 13325 Civic Center Drive
P.O. Box 789, Poway, Callfornia 92074-0789 . (619) 748-6600, 695-1400---
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10-14-94
NOTE TO FILE:
Page 26 of the Franchise Agreement makes reference to a resolution
adopted by the City Council approving Mashburn's rates. This
resolution was going to be scheduled for adoption on 10-18-94 and
was pulled at the instruction of the Director of Public Services and the
City Attorney.
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SULlJV,AN, :e:1:LL, :Lnwm 84 M.umR.A.M
'In wr:.:,. e "nu:.t"1' .Ultl. IDCo
SA.N' lllRGO, C..U.II1On:tn.. 9$101-06040
'n:'L.CPHOW!. (0Jt;J) l!J:)..IOO
r!oJ< (819) l"'.4n.
october 19, 1994
V!l fACBIMtLll (&1') .60-6.01
Stephen M. ECkim, Baq.
MaOouqal, Love, Eckis , Grindle
460 N. Maqnoli6 Avanue
Dra",ar 1466
El Ca~on, CA 92020
n81 Oity of l'loway SoH4 WIlBta C, ~eCi:16lia~ ~h:&)ICbille -~ H.lil'lhl)\Il'1\
WaItt , fteoycl~g S~rvi6~~
Dear Mr. Eol<isl
As we diacussea, ~nol08e~ is a oopy of tn~ survey of residential
and oommercial solid waste rat~s compiled by the City of Del Mar
ataff in conn~ation If! tn the recent h.ea:dnl1 reo-a:rdinq COB5t Waste '!lo
rates tor s~rvices in Del Mar. ~he rates tor solid ~aste removal
under the new POW!lY trl1nchlsQ agreement with Maehhurn are reflected
in t~e tbir~ cQl~n of tha uppor portion of. the survey.
In oonneotion with the poway City Counoil's upooming action to
approve . oity ordinance containing the new trash rates! We WOUld
apprec1at. your ldviaing us whsl'I the city CouncH adopts tha
resolution containing suoh rates.
Very truly your.!
SULLIVAN, HILL, LEWIM ,. MARKHJ>.M
,
Mt!8/n r
Xncl05UX'a
'. 01 Mr, Jeffrey s. Ritohie, G$neral Manage~ (v/o encl.)
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