HomeMy WebLinkAbout08/07/1990, 2 - SOLID WASTE RATES AND RECYCLING IMPROVEMENTS ��w�I�I�III�I�IINUI�I�IIII T p DATE:
city � San t,U�s ���5 � AUGUSMEETINT 7 1990.
COUNCIL AGENOA REPORT ITEM NUMBER:
FROM: David F. Romero, Public Works Director
PREPARED BY: David Elliott, Administrative Analyst
SUBJECT: Solid Waste Rates and Recycling Impro ents
CAO RECOMMENDATIONS:
1) By motion adopt the recycling improvements which were
conceptually approved by the council on 6/18/90
2) Introduce to print an ordinance amending Municipal Code
sections about solid waste billing procedures, unauthorized
dumping and landfill regulation
3) Introduce to print an ordinance amending San Luis Garbage
Company's franchise to require additional recycling services
DISCUSSION
Recycling Improvements
At its meeting on 6/18/90, the council conceptually approved six
recycling improvements:
• starting volume-based residential service
• enhancing residential curbside recycling
• expanding commercial recycling
• doubling promotion of recycling services
• requiring quarterly reports of recycling activities
• hiring a contract solid waste coordinator
Before granting final approval to these improvements, the council
wanted staff to clarify several issues regarding multi-unit
residential service rates, volume-based service and commercial
recycling. The attached six page document -- Questions and
Answers about Garbage Service Rates and Recycling Improvement --
addresses the council's specific questions and presents
additional. information.
The council also directed staff to draft municipal code and solid
waste franchise changes needed to allow and encourage the
recycling improvements.
Municipal Code Changes
Although the municipal code now requires the city to bill all
single-family residential customers, the different levels of
volume-based service will make that procedure impractical. The
proposed ordinance to amend the Municipal Code would turn this
a2-1
city of San LUIS OBISpo
COUNCIL AGENDA REPORT
Solid Waste Rates/Recycling Improvements
Page 2
billing responsibility over to the solid waste collection and
disposal franchisee, San 'Luis Garbage. Company. To reduce bad
debt expense (which punctual customers ultimately bear) , a new
paragraph would also provide for liens against properties to pay
amounts long overdue.
A second proposed code change would add the following paragraph:
"No person shall place any solid waste into a solid waste
container without permission of the owner or tenant of the
property on which the container sits."
This provision would give the city some leverage against people
who might reduce their garbage service and payments to a minimum
while throwing their refuse in someone else's container.
And .finally, a third code change would eliminate the requirement
that the franchisee provide a disposal site outside the city
limits. when the city enacted the original code section, the
franchisee owned the landfill, but it closed in 1965, and another
company opened a new landfill which the franchisee now uses. Zn
the future, the franchisee may have to use a landfill owned by
yet another company or by the county. Also, regulation of
landfills outside city limits falls to the county, not the city.
Solid Waste Franchise Changes
A second proposed ordinance would amend San Luis Garbage
Company's franchise, making minor changes for clarity .and
requiring the franchisee to:
• pay a franchise fee of six percent (instead of five
percent) , with the additional money covering the cost of the
city's half-time contract solid waste coordinator
• add plastic beverage containers to the recyclable material
collected from single-family residential customers
• distribute recycling bins to all single-family residential
customers and to any multi-unit residential and commercial
customers who request them
• collect newspaper, aluminum cans, glass bottles and jars,
plastic beverage containers, cardboard and office paper from
commercial customers
• submit quarterly reports of recycling services
The ordinance would also:
• eliminate landfill .regulation provisions because the city
-a
"�������' ���+����I�° i�D►11 city of San tins OBlspo
WMIGs COUNCIL AGENDA REPORT
Solid Waste Rates/Recycling Improvements
Page 3
cannot regulate land use outside the city limits
• eliminate other obsolete or unworkable provisions
• allow the city to award recycling franchises or contracts to
other organizations
• allow the city to modify or terminate the franchise
recycling provisions if necessary to implement state-
mandated solid waste planning
• allow the city to audit the San Luis Garbage Company's
financial records
• rescind Resolution No. 3223, which approved an agreement
between the city and San Luis Garbage Company for the city
to bill single-family residential customers.
CONCURRENCES
The finance department staff examined this report, paying
particular attention to the proposed Municipal Code provisions
for liens against properties to pay overdue accounts. After
reviewing the county assessor's lien procedures, finance
department suggested several changes to the proposed code
provisions. These changes have been incorporated into the
ordinance.
San Luis Garbage Company has reviewed this report and agrees to
the provisions of the proposed ordinances.
CONCLUSION
Recently enacted state legislation requires the city to divert 25
percent of its solid waste from the landfill by 1995 and 50
percent by the year 2000. The proposed recycling improvements
are a beneficial cooperative effort between the city and San Luis
Garbage Company to reach the 25 percent target and to accomplish
objective #7 from the city's Recycling Improvement Plan, which
calls for "an infusion of vitality and interest into the SORT
($eparation gf $ecyclable .Trash) program."
ATTACHMENTS:
• Questions and Answers about Garbage Service Rates and
Recycling Improvement
• Ordinance amending the Municipal Code (with legislative
draft)
• Ordinance amending the solid waste franchise (with
city of San LUIS OBISpo
Malze COUNCIL AGENDA REPORT
Solid Waste Rates/Recycling Improvements
Page 4
legislative draft)
• Resolution No. 6826 (solid waste collection and disposal
rates)
• Resolution No. 3223 (billing and collection services)
ord1084d/de/p
QUESTIONS AND ANSWERS
ABOUT GARBAGE SERVICE RATES AND RECYCLING IMPROVEMENT
MIILTI-UNIT RESIDENTIAL SERVICE RATES
Q: What service options do multi-unit residential customers
have?
A: Effective 9/1/90 multi-unit residential customers can choose
among four types of service:
volume-based economy service: $1.00 per special 33-
gallon orange bag payable when bags are issued (not
available to complexes with more than four units)
• volume-based standard service: _$11.00 per month for one
wastewheeler container collected once each week
• volume-based premium service: $15.00 per month for up
to one cubic yard (six standard garbage cans) collected
once each week
• dumpster service:. variable cost depending on volume and
frequency (example: $43.00 per month for one cubic yard
�l collected once per week)
Q. Do existing safety or development regulations specify
dumpster service for multi-unit residential complexes?
A: No. Municipal Code Chapter 8. 04 does not specify such
service. Likewise, community development department
confirmed that development regulations don't require such
service.
Q: How many multi-unit residential complexes subscribe for
dumpster service?
A: 535 out of 595 (90 percent) . Virtually all complexes with
five or more units subscribe for dumpster service.
Q: Does the owner of a small multi-unit residential complex who
uses economy, standard or premium service have to pay the
applicable rate for each unit?
A: No. The most recent rate resolution clarifies previous
ambiguity about how to charge multi-unit residential
customers. San Luis Garbage Company now understands that a
multi-unit residential customer should pay for the service
Questions and Answers - �
Page 2 J
rendered to the entire complex rather than the individual
units within the complex. Examples under the new rates:
• The owner of a triplex with premium service (six
garbage cans) pays $15.00 per month.
• The owner of a four-unit complex with two wastewheelers
pays $20.00 per month ($15.00 for premium service plus
wastewheeler rental at $2.50 each)
• The owner-occupant of a duplex with economy service who
splits a box of 10 bags every month with the tenant
pays $10. 00 per month.
Q: Why does a multi-unit residential customer with a dumpster
pay so much more than a similar customer with garbage cans
to have the same amount garbage picked up?
A: No single factor explains why there is such a substantial
difference. In fact, no one can justify the difference
conclusively without a lengthy cost accounting audit.
Generally, though, dumpster. service warrants higher rates '\
than garbage can service because:-
the
ecause:the garbage company buys the dumpsters while the
customers buy their own garbage cans
• the loader trucks used for dumpsters are more expensive
• the refuse in dumpsters is heavier (with less yard
brush and more wet garbage) and costs more to dump at
the landfill
• trucks have to make more trips to the landfill .for a
given number of dumpster customers because the volume
per customer is higher
• dumpster customers consistently fill up their dumpsters
before each collection, while can customers on average
put out only about half of what they 're entitled to
• dumpster service is historically tied to commercial
service, and commercial service traditionally
subsidizes residential service in most cities.
VOLUME-BASED SERVICE
Q: How will collection workers distinguish between wastewheeler
customers (standard service) and °wastewheeler plus"
customers (premium service)?
d'GD
Questions and Answers
OPage 3
A: Premium service customers cannot mingle wastewheelers and
garbage cans. Either they can use garbage cans only or they
can order two wastewheelers.
Q: What if standard service customers with wastewheelers want
to put out extra cans or bags?
A: They cannot put out extra cans. Instead, they may buy the
special orange bags used for economy service.
Q: What. is the rate per month for two wastewheelers?
A: The premium rate ($15.00) plus wastewheeler rental (2 X
$2..50) for a total of $20.00.
Q: If customers don't select a service category, what service
will they receive?
A: Existing wastewheeler customers will receive standard
service. Other customers who haven't responded and can't be
reached will receive premium service.
Q: What if customers need standard service amounts (the
equivalent of three cans per week) but don't want
wastewheelers because they won't .fit through their sideyards
or they're too hard to handle?
A: Such customers should select economy service with bags or
premium service with garbage cans. Economy service using
three bags per week would cost about $1.00 more per month
than standard service.
Q: If customers select economy service, how will they receive
their bags?
A: Bags will come boxed -- ten bags to a box. Customers can
receive bags three ways: '
• They can come into San Luis Garbage Company's office
and buy them.
• They can send a check to San Luis Garbage Company and
have them delivered..
• They can phone San Luis Garbage Company and have them
�.� delivered C.O.D.
Questions and Answers �.
Page 4
Q: Can other customers buy bags the same way if they need them?
A: Yes. Anyone can buy bags to supplement existing subscribed
service -- even commercial customers.
Q: Who will deliver the bags?
A: The same employee who now delivers wastewheelers and orange
recycling bins.
Q: Will San Luis Garbage Company maintain active accounts for
economy service customers?
A: No: Such customers' accounts will remain inactive.
Q: How will San Luis Garbage Company publicize and promote
volume-based service to its customers?
A: San Luis Garbage Company has mailed letters and brochures to J
all its residential customers (see attached copies) . The
brochure describes the three levels of volume-based service
and contains a reply card for requesting service.
The company has also bought the following advertising:
• half-page ads to run in the Telegram-Tribune on 8/18
and 8/29 (see attached copy)
• 30-second spots to run eight times per day on radio
stations KVEC and KKDJ from 8/27 to 8/31
COMMERCIAL RECYCLING
Q: When will San Luis Garbage Company begin its commercial
recycling activities?
A: In October 1990 San Luis Garbage Company expects to receive
from the County of San Luis Obispo a permit to operate a
recycling yard on Tank Farm Road. After San Luis Garbage
Company receives its permit, it will order a baler, an
aluminum sorter, a glass crusher, and portable aircraft
hangars for storage. Current delivery time for this
equipment ranges from one to three weeks, so operations
should begin in late October or early November.
Questions and Answers
Page 5
O
Q: What staffing, equipment, frequency of service, promotion
and subsidy will be required for commercial. recycling
activities?
A: It depends. Commercial recycling will include three
separate activities. Details for each activity are shown
below.
MISCELLANEOUS NEWSPAPERS, GLASS BOTTLES,
ALUMINUM CANS AND PLASTIC BEVERAGE CONTAINERS
staffing: existing SORT employees plus
additional collectors if needed
equipment: the existing SORT truck, orange
recycling bins
frequency of service: once per week
promotion: flyers; print, radio and TV ads
estimated subsidy: none
CARDBOARD AND OFFICE PAPER'
staffing: one additional full-time collector
equipment: one existing truck (either a
backend loader or a flatbed)
frequency of service: once per week
promotion: one-on-one sales calls; flyers;
print, radio and TV ads
estimated subsidy: none
BAR AND RESTAURANT GLASS
staffing: one additional full-time collector
equipment: one new truck, three wastewheeler
containers per customer (for
different glass colors)
frequency of service: as needed
promotion: one-on-one sales calls; flyers;
print, radio and TV ads
estimated subsidy: $30,300 (see the pro forma income
statement on the next page)
The volatility of markets for recyclable materials makes
estimating subsidies pretty uncertain. Excess net income or net
loss from recycling services in one year would result in lower or
higher garbage service rates in later years.
�-9
Questions and Answers
Page 6
PRO FORMA INCOME STATEMENT
BAR AND RESTAURANT GLASS COLLECTION
FIRST 12 MONTHS OPERATIONS
(NOVEMBER 1990 THROUGH OCTOBER 1991)
REVENUE:
Material Sales (5.2 tons/week @ $160/ton) $43, 300
EXPENSE:
Supervision Labor (15% of. coordinator's time) $ 41500
Collection Labor (2,080 .hours @ $8/hour) 16,700
Payroll Taxes (10% of labor cost) 2,100
Workers Comp Insurance (24.7% of labor cost) 51200
Medical and Dental Insurance ($454/month) 5,400
Truck Insurance ($300/month) 3,600
Fuel and Oil (2,080 hours @ $5/hour) 10,400
Truck Maintenance (2, 080 hours @ $.75/hour) 1,600
Truck Depreciation ($85, 000 for 10 years) 81500
Bin Depreciation (180 bins @ $65/bin for 5 yrs) 2,300
Promotion 11300
Yard Overhead (rent, phone, insurance, etc. ) 12 . 000 73 . 600
NET LOSS: ($30,300)
YARD WASTE RECYCLING
Q: Because yard waste is such a large percentage of the solid
waste stream in San Luis Obispo, are there any plans for
separating and recycling this material?
A: San Luis Garbage Company cannot begin collecting separated
yard waste until there is a reliable destination for it.
ECOSLO is negotiating with the county to start yard waste
composting and mulching on county-owned land near. the
airport. The mayor recently sent a letter to the board of
supervisors urging cooperation and promotion of this effort.
A copy of that letter is attached.
Attachments: customer letter and brochure
newspaper advertisement
7/17/90 letter to the board of supervisors
-/0
C
July 20, 1990
Dear Customer:
San Luis Garbage Company and the City of San Luis Obispo have worked out a new
system of garbage service which will do something positive for the environment.
Starting September 1, 1990 you can choose among three different levels of garbage
service: economy service, standard service or premium service. The enclosed brochure
explains each level and includes a reply card. Please check the level you want and
return the card to us as soon as possible.
Why are we offering you these options? As you may know, our landfills are filling up
fast, and opening new landfills requires costly environmental protection. It makes
long-term economic and environmental sense to .reduce the amount of garbage you set
out for us to take to the landfill. You can do that by:
• avoiding wasteful packaging when you shop
• separating out recyclable material from your garbage
composting your yard clippings.
The new service levels can save you money if you put out less garbage. For example,
if you shop carefully, separate recyclable material and compost your yard waste, you
might reduce your garbage to the equivalent of one or two garbage cans per week.
Then it would make sense for you to select economy service, because you'd pay only
four to eight dollars a month. Besides, you'd feel better about doing your part for
the environment.
Incidentally, to help you sort out your recyclable material, we want you to have a
special orange recycling bin. If you don't have one already, please check the box on
the reply card and we'll get one out to you.
We hope the brochure answers your questions and helps you select the service level
that's right for you. If you still .have questions after reading it, please call us at 543-
0875. Thanks.
O
v ad
E
ra u
Z0
v as v E —
v
> C, ° E Lyy s L Z �+ 7°J. p. cca) E
L lA O (n
Ln 'O v E 'C G; > ,C O
a72v v o Z Q F bo..
cu
° 7 O CD 0 0 M -I!T 72
X Q U .ti. jv r� >
>,Lt] Efl V) fA C fA
' L
� L c
•� L to �Op+ OC t �'.' C N
a OD; -0 A0. „p 3 toe � � v v = u
• v L Go.0 .� _ C c M U to
G o exi G.
.c 0.L y 0 t6 tL A +• 0bo CO
• p, i o O � 00te y ^ OOOtn � tE v n
ad E 00
m 6r to L
. � LO � N Oo � = � "
ac .m
y 01:6
.S �c17 w 00 >1 �� °
C tiC o NR
R o c R cnU .00ov7p0u . . c ' 3U >ORG ? Utaoo �i
11
E
O
b
d ,
L O ►: v
•dl O o .. cwcu
CN
. G 6r
> to bo�: .O .Y O. t o y C
S' cu o � $+ � � a a3 � ° q3�� 72 o°'aca c�i,
cc
3 v y ^° m � v L L `o to 3 i
C o s .0. �y � L pOp Q = E � v � >1 � tc
My sig L c ° c to
y aoN � 3 0 ° ° cu Q 3A ^ cy a a
w bo
a bs 3 ti00R c m o c o
Us 3 ¢ 3 >,O a 3s 'a>- R R
rh
CO
CL- M
O •� �'i y 0o C 0 too L L
•a-
to, s a X y y ,gyp F '_ o .0 °a.
p • d �.y n to
Oo ^ Vam 'Vz 01 -0 o v _ ~
E a^ L
X T p.0.° .Or
to M CU
� e oNn s s EL, C U c 2' 'o to C G u v fl v '' LL
tL O to O0. t,,,, d o L G •• O .CD o O, to
A ^O 7 a O Q.
o p o M y to o vi to
® ° 10 ccE
bo w too oo'E, ;n>'� o � _a '� ° u
'> o
i
bl5'O\1111.2134
'VD'Odslsosim Nys
a1Nd 3!)Vl.sOd sn IOK6 V!IUO Ile, 'odsigp sm� ues
zId a311SOM I CI Pa-PS AaJaauoW 0L6
AuedtuoJ a8egzvD sm-] ueS
5 L °0E
m =_ 3a ,E � d use k
�Q C DA �• C L. G
'
c c .E ° `c 3 E .o .° 1 � 3 � Eo� � c`n
o T z 3 � �o a a E w c: >, ov? = rz
o a
< u W a ino `�c �.c 3 �gLn m a� caE ' o m
,a
o7J E ms ` N. ay' � r- r-? � 3 � � gi_ri75 `� ti _ 0 V) k
Cc . � U _ pp L o u oou = >,— C �T
_ 0 3t ° _ = L `AHai a=i ti R � � � chi F _ = c c C ictij v
o `ova .u.� 3G � r` u3 � ., £ od`c ; 3 c �c ; 3Hac � 'c o
H 3u o ti a+ sL� .. = moo -L _ eocoL ^ C u
� o H � '3yo x 3 3S, 7cn IV
O+ a a a s a s a s
a
r W
Etic = u O
u •� o E° u R .• ti � = rn
> u E E _u'" `u u G _ s u S c
yy �' p l•-' o 'c E
3 v 'gyp OG >' OUA h�o C 'R U L C '_ V "C'4 '6 y a
0 3 �. o a R ._ 3 =
_' u p U = o o 0 3 c v E x
Q C G R > A �. �', C y �.G. U N W >•. 'O g U
7B L2 T� r. R Eo3 �
off+ v > Eti � N c3e = H E �' ` aeq ca
G G E E R.
to
v Z M m D u =
O+ O a Oa a d a a At pr Q
101796 civao3iie3 rbodsigp sinZ ues
Jae-lis xaaa;uoiil 016
Xuuduro3 allugaug slnZ ues
aiay
Chums
meld
tz
. C DAM M
> p V
R O O � pto it
CA
0A > w
L Lr)
a •C
Cl O y R > .a .5 ..l R 3 O v0 O
DA Q'
ISI � � �A 'Saoa � � aO, o .c e�
• • . •
C
cCA;4 LO O Q v th y O
RC w 0 v O. O O cyC Q'
o
y y 3 CU 0
DA 10). .OG R 0. 41 O �.
R V R
bo
• R ►•
rL
05
y ORO cu 7► �1/� 7
O >% >'.0 rte/
3 .. cn
to �° H
® bo cu ti
to
y y q�
w DA Ll. a, o S1 x .. W .�,
u 'ani O fn bpD0 bo
fn
bo
r+ 0 5,P••
bo rA
~ O Ryvy� O y O. ry
GPMO O to DD C� rl.y CL V 1
r s • r • • �/1 •s�
y >`
O ,4 00 d d C d o v y
�I m � obo3 ° .oda, i v
O "" E" p u eC
i O 3 O .6 p O .: : O .RD = 0 .0
y O DCO bb
+ DRO y y to pp
O O a 0 ?, 03i DA p OM. �' y R s O Printed m ,--,led n
w t! m O v OU)CA
o G O w
R0 C cu O m O1 V> GJ 0 t0.
` 0-V o
J* 444
CityOf SAn lu OBISPO
OFFICE OF THE MAYOR •990 PALM STREET
l4 0�� Post Office Box 8100• San Luis Obispo,CA 93403-8100.805!549.7111
July 179 1990
Chairperson Evelyn Delany
Board of Supervisors
County of San Luis Obispo
County Government Center
San Luis Obispo, CA 9340.7
Dear Ms. Delany:
I am writing you on behalf of the San Luis Obispo City Council to ask your help in
establishing a composting yard on County property.
As you know, Assembly Bill 939, which was enacted last fall, requires counties and
cities to reduce substantially the solid waste sent to landfills. Also, Cold Canyon
Landfill is fast approaching its .designed capacity. These two situations require
immediate and aggressive action.
C The City of San Luis Obispo recently adopted several recycling improvements,
including volume-based service rates and expanded commercial recycling. Another
improvement we wanted to make was yard waste recycling, because yard waste is such
a large part of our waste stream (about 33 percent according to our recycling
improvement plan). But we couldn't start this activity because we have no place to
take collected material for composting or mulching.
We understand that ECOSLO wants to start a composting yard on 34 acres of
undevelopable County property near the airport. If such a yard were available, we
could start collecting separated yard waste from residential curbsides and have it
recycled into mulch or compost instead of sending it to the landfill. 'Landscape
maintenance companies could also dump their trimmings;.there.
Because yard waste recycling is such an important component of our solid waste
management effort, we urge you to promote and encourage ECOSL O's plan to
operate a composting yard on County property. Thanks for your cooperation.
Sincerely,
Ron Dunin
Mayor
Oc: Board of Supervisors, City Council, Dave Romero, Dave Elliott, John Dunn
ORDINANCE NO. (1990 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING TITLE 8, CHAPTER 8.04, SECTION 8.04.020 ET SEQ.
OF THE MUNICIPAL CODE (SOLID WASTE COLLECTION AND DISPOSAL)
BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:.
SECTION 1. Title 8, Chapter 8.04, Section 8.04.020 of the
San Luis Obispo Municipal Code is amended to include .the
following paragraph:
" G. No person shall place any solid waste into a solid
waste container without permission of the owner or tenant of the
property on which the container sits."
SECTION 2. Title 8, Chapter 8.04, Section 8.08.060 of the
San Luis Obispo Municipal Code is amended to read as follows:
"8.04.060 Disposal site.
A. The franchisee shall contract with the operator -of a
disposal site situated without the city limits for disposal of'
solid waste collected within the city. All solid waste collected
within the city and not separated for recycling shall be
delivered to the disposal site and disposed of according to the
regulations of the disposal site." .
SECTION 3. Title 81 Chapter 8.04, Section 8.04.070 of the
San Luis Obispo Municipal Code is amended to read as follows:
118.04.070 Use of disposal service mandatory -- Collection of
charges.
A. The city has determined that periodic collection and
disposal of solid waste from all developed properties in the city
benefits all occupants of developed properties in the city.
B. The city will provide solid waste collection and
disposal service through its franchisee and all developed
properties in the city must use the city's. solid waste collection
and disposal service, except that there may be joint or multiple
use of solid waste containers, subject to conditions established
by the city.
C. The franchisee shall collect all fees for solid waste
collection and disposal.
D. The owner of developed property shall be responsible
and liable for paying the solid waste collection and disposal
fees for that property, although the franchisee will bill a
tenant if requested by the owner.
E. Once each year, prior to a date established by the
city, the franchisee may take the following actions to collect
delinquent solid waste collection and disposal accounts:
1. present to the city a list of property owners (with
corresponding parcel numbers) within the city whose accounts are
�Jlo
Ordinance No. (1990 Series)
O Page 2
more than 120 days past due
2. send a certified letter requesting payment to each
property owner with a delinquent account
3. at least 30 days after receiving delivery certification
for payment requests, present to the city a list of property
owners (with corresponding parcel numbers) whose accounts are
still past due.
F. After the franchisee has completed all of the actions
listed in paragraph E, the city council will adopt a resolution
authorizing the San Luis, Obispo county assessor to assess the
: amounts due on delinquent accounts as liens against the
properties. The franchisee shall bear the full cost of any fees
charged by the. San Luis Obispo county assessor to lien affected
properties. "
SECTION 4. A summary of this ordinance, approved by the
city attorney, together with the ayes and noes, shall be
published at least five days before its final passage in the
Telegram-Tribune, a newspaper published and circulated in the
City. of San Luis Obispo, and this ordinance shall go into .effect
at the expiration of thirty days after its final passage. A copy
of the full text of this ordinance shall be on file in the city
clerk's office on and after the date following introduction to
i
print and shall be available to the public.
INTRODUCED TO PRINT by the San Luis Obispo city council at a
meeting held on August 7, 1990, on motion of
seconded by
and on the following roll call
vote:
AYES:
NOES:
ABSENT:
MAYOR RON DUNIN
ATTEST:
CITY CLERK PAMELA VOGES
Ordinance No. (1990 Series)
Page 3
APPROVED:
ITY AD NISTRATIVE OFFICER
/T �ATOE-
XN
DIRECTOR OF FINANCE
PUBLIC WORKS DIRECTOR
pS ��U
LEGISLATIVE DRAFT
O AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING TITLE 81 CHAPTER 8.04, SECTION 8.04.020 ET SEQ.
OF THE MUNICIPAL CODE (SOLID WASTE COLLECTION AND DISPOSAL)
BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Title 8, Chapter 8.04, Section 8.04.020 of the
San Luis Obispo Municipal Code is amended to include the
following paragraph:
" x G. 37o person shall plats ,arty stt�.`id roasts`.iron a .sol
�raste'. cflntainer ;�a3tho�t permission o� the cwn�r or tenant a� the
SECTION 2. Title 8, Chapter 8.04, Section 8.08. 060 of the
San Luis Obispo Municipal Code is amended to read as follows:
118.04.060 Disposal site.
A. The franchisee shall
e-ecrsntract with the operator +off s disposal site; situated
without the city limits fcr dlt�posal cf solid waste +�oected
within the city All gauge, .Sol. ii
taaste coilected:�tithn the ,city and`rroL separatedcr �ecyGling "
...LL'G
_,...1__. ' ... :
______. s2iall Yie 'delivered to' the disposal site'
C and disposed of -in__a___accordaeee � o with the regulations of the
disposal site and in aee-e za01 - tLt LL_ __LY ._tlenL: _ _ _f the
etas€edian-in-eharge e€ =.L__ ===l site.
BV The eetineil is autherized to adept by reseltitlen aa4
neeessary rules and regulations for the effieientc and sanitary
same.n
SECTION 3. Title S. Chapter 8.04, Section 8.04.070 of the
San Luis Obispo Municipal Code is amended to read as follows:
118.04.070 Use of disposal service mandatory -- Collection of
charges.
A. It is fleunel and
> ' fiy has determined that the
periodic collection fnd..,7d spcsa1 of garbage, Wet garbage, :_fuse
er rubbish "solid
�aastes, -so]�d xaste from all pleeesdeve cpec ro ernes in the
cit benefits r_all occu ants of "" `_
r- - ..»esl'elt�pec'i
ro erties in the cit
-�- �-"- A—R-1-1apant Of any r lae !R Or from .L. _L __lid wastes co are
ereated
aeeumlated or predueed has already eentraeted for other
tounleipal serviees to the premises.
B. , Solidwasze-dispesel sem#ee sUbjeet L_ the
limitations herein noted, will hemaftex be e city
will provide sand waste ofectinn old d spossl serViDe through
its fiifidhisee" and all pZM_;�+W
LEGISLATIVE DRAFT ORDINANCE - Municipal Code Chancres
Page 2 O
pee-isesdeSe3op;ed f`a eztas in the cityOR 01-
aL_r"'
F _P <.:..::.::::.:..
=we a wastes 'exeate , t t
use the city s solid waste collection a > tlpoa service't
that there may be joint or multiple use
of solid waste containers, subject to conditions established by
the city.
G. For purposes of establishing liability and
resgensibi-ltd-€erthe-payment of the fees hereinafter forth,-
the party
'bleep for epayment foregarbage serviee is deemed
to be the person a r applied all hereafter
� or
apply fer water serylee sery _ to h pleee
or pre -Reps :tt
the eity and the fees hereinafter set forth fer single famil
resider___ _he! be
__11 __ted with
•iCe•ty's -ter billet l _
preyidle . l r that any pareel y ee t- - -- --- pied streetures or
r re
strueturee fren whie�hgueh-sol-d waste :_ ereated and t
eenneeted to the elty water serviee shall be billed direetly -by
the eity. in the ease of apartments, duplemes, and eemme - -'
establishments, the eity-eaunell hasatitherised ealleecien e~f
fees by the fi eredeme-- ----- - -- fees in many eases require
1
amounts of garbage involved.
C. The ................. s#�a ori
at
ares dora3d taste
co3lectinn<and da s asa1. n >.n......:.:.:.:.:
n n.,.:..n.:.........
D. '3'he owner ofleveap + pi'+Dp@rt '�shal be resp'onsibe
and iiabl,e: ;fax payii3g the solidraste calictiols and d3sposa
fees for that pzapertyf a though the franchises wild bill J
tenant . requested by the owner.
E. Once e2�Ch dear, Sxiar to adate` estabiishec by e
city,.; the franchisee ma}� tTce-the follnxrig actans to
1 .....t
deianquent sa2d waste cnllectson and disp5a ...... unn.
1. present to the city a list tsf pxapert awnersxr3th
Corresponding parcel numbers within a oty.nwhose accounts ari
more than 20"a pasttdue
% V
2. send a aert�fied letter r@C t1eSt ii fa sttelia 2!
property owner with a delinquent acoaur�t
w..:...:::.:.:
3, at mast 30 days after rece3vin.. +fe ivexy cert 3oat �sri
far payment requests, pxesent to the city a. st of papy
awneirswzth +corresandi�ngdei number whz�seooruite Mrd
.w.n:.v:n.vvuvvxvmJw.vn.vmv.v::mv.nnn:n:.:.vn.v...n..nn.v...v:...:nh:...n.v.m...n......h...l....:.::::M:W:.W..v
still" pas t L; £
v ::::..:n.::v.:?i)ii:ii:;.:;v.....i:• y :n.:n.:::. w ;n.,.:v_wxn?:(.nXY;nro;:{{.,y:.'S
'. After the i xariaIilsee "has' 'o" ++lied a the airti.ohs
listed ire paragraph , the city council til? adapt xesalutiori
authorizing the San Luis Obispo county assessor tai assess the
amounts die on :de2inquent< �acounts as diene against the
n
propert�eS.. T�S2 fYariGhise@ sh82�. bear tie full ObSt O� iii' ► fees
charged by the $any�ui,sr i�t~ spo a»tyn ass�ssrrz t�s 'lfex� affa�t�d
�raperties*o
SECTION 4. A summary of this ordinance, approved by the
city attorney, together with the ayes and noes, shall be
published at least five days before its final passage in the
Telegram-Tribune, a newspaper published and circulated in the
LEGISLATIVE DRAFT ORDINANCE - Municipal Code Changes
Page 3
City of San Luis Obispo, and this ordinance shall go into effect
at the expiration of thirty days after its final passage. A copy
of the full text of this ordinance shall be on file in the city
clerk's office on and after the date following introduction
toprint and shall be available to the public.
ord1084e/de/p
C
i
ORDINANCE NO. (1990 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
MODIFYING A FRANCHISE GRANTED TO SAN LUIS GARBAGE COMPANY
FOR COLLECTING AND DISPOSING OF SOLID WASTE
WITHIN THE CITY OF SAN LUIS OBISPO
WHEREAS, public health and safety demand the orderly and
periodic collection and disposal of solid waste from properties
within the City of San Luis Obispo ("the City") ; and
WHEREAS, City officials and staff have determined that an
exclusive franchise granted to a private-company is the most
effective and efficient way to collect and remove solid waste
within the City; and
WHEREAS, the City has granted San Luis Garbage Company ("the
Franchisee") an exclusive franchise for the collection and
disposal of solid waste within the San Luis Obispo city limits;
and
WHEREAS, the Franchisee has provided solid waste collection
and disposal service within the City for more than 40 years
without interruption; and
WHEREAS, during public comment periods concerning solid
waste collection and disposal, most respondents have expressed a
high level of satisfaction with the service provided by the
Franchisee; and
WHEREAS, continuing the franchise held by the Franchisee
would ensure the continuation of effective and efficient solid
waste collection and disposal service; and
WHEREAS, the City wants to improve and expand various
recycling services in San Luis Obispo by implementing the
recommendations of its adopted Recycling Improvement Plan; and
WHEREAS, the City has determined that the Franchisee can
provide needed recycling services quickly and efficiently;
BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The exclusive franchise granted to the
Franchisee for the collection and disposal of solid waste shall
continue subject to the following amended terms and conditions:
A. The franchise shall begin on March 1, 1987 and shall end
on June 30, 1997.
B. The Franchisee shall comply with all pertinent
provisions of the Charter of the City of San Luis Obispo, and all
iZ aX
Ordinance No. (1990 Series)
Page 2
pertinent ordinances and resolutions of the City of San Luis
Obispo. The Franchisee shall particularly note Article X of the
Charter of the City of San Luis Obispo regarding licenses and
franchises and Chapter 8.04 of the San Luis Obispo Municipal Code
regarding solid waste collection and disposal and the City's
right to set rates. The City reserves the right to revise any of
its laws and regulations pertaining to solid waste collection and
disposal in order to protect public health, -safety and welfare.
The Franchisee shall comply with all existing and future county,
state and federal laws and regulations.
C. The Franchisee shall acquire and maintain for the full
term of the franchise registration to haul hazardous waste to a
certified disposal site.
D. The Franchisee shall pay the City six percent of its
gross. cash receipts for collection and disposal of solid waste
within the City, with payments due on the 15th day of each month
for receipts from the previous month.
E. The Franchisee shall not collect solid waste in
residential areas between the hours of 8:30 p.m. and 6:30 a.m.
F. Within 24 hours of notice from the City or a customer,
the Franchisee shall collect any solid waste which the Franchisee
may have failed to collect at the regularly scheduled time.
G. If the Franchisee cannot collect an article of solid
waste because it is too heavy, too large or incorrectly packaged,
the Franchisee shall attach a tag explaining why that article
could not be collected.
H. The Franchisee shall ensure that while on duty each
collection worker wears a clean uniform with conspicuous insignia
displaying the Franchisee's company naive and the worker's name or
identification number.
I. The Franchisee shall keep a fleet of collection trucks
adequate to perform the service specified in the franchise and
shall maintain that fleet according to the stipulations of
Municipal Code Sections 8.04.030 and 8.04.090.
J. The Franchisee shall contract with the operator of a
disposal site to provide a place for City customers to dispose of
solid waste from 8:00 a.m. to 3:00 p.m. each day of the week.
O K. In June of each year, beginning on the first Monday
after the second Saturday and continuing through the following
�•�3
Ordinance No. (1990 Series)
Page 3
Friday, the Franchisee shall conduct a "residential cleanup week"
and collect. additional solid waste from residential customers
within the City during regularly scheduled service at no
additional charge to those customers. The Franchisee shall not
be required to collect the following additional solid waste:
• loose material not placed in suitable containers or
tied securely together
• bundles of loose material weighing .more than 75 pounds
• bundles of loose material exceeding four feet in
length, width or depth
• individual articles weighing more than 100 pounds
• individual articles shaped so .awkwardly that two
workers cannot lift them
• sofas, overstuffed chairs, mattresses and major
appliances set out without prior arrangement with the
Franchisee.
L. The Franchisee as the City's authorized recycling agent
shall collect for recycling the following materials from single- -�
family residential customers once each week:
• newspapers
• aluminum cans with California redemption value
• glass bottles and jars
• plastic beverage containers with California redemption
value
To encourage separation of recyclable materials, the Franchisee
shall distribute distinctive bins to all single-family
residential customers and to any multi-unit residential and
commercial customers who request them.
After receiving permits for its Tank Farm Road recycling yard
from the County of San Luis Obispo, the Franchisee shall collect
for recycling the following materials from commercial customers:
• newspapers
aluminum cans with California redemption value
• glass bottles and jars
• plastic beverage containers with California redemption
value
• cardboard
• office paper
Beginning January 1, 1991, the Franchisee shall submit quarterly ! �,
reports of its recycling activities, including levels of
participation, amounts of waste diverted from the landfill, and
Ordinance No. (1990 Series)
C, Page 4
income statements.
If the Franchisee willfully and persistently fails to collect
recyclable materials the City shall notify the Franchisee in
writing of the failure. If the Franchisee does not correct the
failure within 20 days after receiving notice, the City may by
resolution of the city council terminate any provisions of this
paragraph and award a franchise or contract to another
organization for collection of recyclable materials.
If implementing long-term solid waste planning requires
reorganization of recycling activities within the City, the City
may by resolution of the city council modify or terminate any
provisions of this paragraph.
Nothing in this ordinance shall preclude any organization from
collecting recyclable materials from commercial or multi-unit
residential customers within the City. Nothing in this ordinance
shall preclude the City from awarding franchises or contracts to
other organizations for collection of recyclable materials from
commercial or multi-unit residential customers within the City.
M. If waste-to-energy facilities become feasible in San
Luis Obispo County during the term of the franchise, the
Franchisee shall cooperate with the agencies and enterprises
involved in order to recover potentially valuable resources and
reduce waste deposited at landfills.
N. The solid waste franchise shall automatically extend to
any area annexed to the City, except that the City may permit a
firm franchised by the County of San Luis Obispo before the
annexation to continue serving the area for a period not to
exceed five years_ When required to serve new portions of the
City, the Franchisee shall promptly extend routes and service
and, if necessary, hire additional workers and obtain additional
equipment.
O. The Franchisee shall maintain an office with telephone
within the San Luis Obispo city limits where customers may apply
for service, pay bills and register complaints. The Franchisee
shall staff this office from 8:00 a.m. to 5:00 p.m. Monday
through Friday except legal holidays observed by the City.
P. The Franchisee shall prepare and keep current a flier
acceptable to the City which summarizes solid waste regulations,
fees, telephone numbers and other pertinent information. The
Franchisee shall print whatever copies of this flier are needed.
The Franchisee shall distribute copies of this flier to all new
i
Ordinance No. (1990 series)
page 5
customers and shall annually mail copies of this flier to all of
its current customers.
Q. The Franchisee shall maintain copies of all written
service complaints and summaries of all oral service complaints
and shall allow City officials to inspect these records during
the required office staffing hours after the City has requested
such inspection with reasonable notice.
R. In its accounting records, the Franchisee shall
discreetly maintain and clearly identify all items of revenue and
expense pertaining to the. City's franchised operations. The
Franchisee shall allow City officials to inspect these records
during the required office staffing hours after the City has
requested such inspection with reasonable written notice. The
Franchisee shall allow the City to audit these records for the
purpose of preparing financial statements certified to reflect
generally accepted accounting principles.
S. The City's public works director shall administer the
solid waste franchise and supervise the Franchisee's compliance
with the franchise terms and conditions. If a disagreement
arises between the Franchisee and a customer, the City's public
works director shall conduct an investigation, decide the matter
and give due notice and documentation of that decision.
T. The Franchisee shall continue to collect and dispose of
solid waste throughout the term of its franchise without
interruption. _
U. The Franchisee shall furnish and maintain a cash or
surety bond in the amount of $50,000 to ensure the faithful
performance of its franchise obligations and its compliance with
applicable laws and regulations.
V. If the Franchisee willfully and persistently fails to
perform according to the franchise terms and conditions, the City
shall notify the Franchisee in writing of the failure. If the
Franchisee does not correct the failure within 20 days after
receiving notice, the City may by resolution of the city council
terminate the franchise.
W. If there is an interruption of service, the City shall
be entitled to temporarily possess and use the Franchisee's
equipment and disposal site privileges in order to continue
service. When this temporary possession and use begins, the City
shall promptly notify in writing_ the Franchisee and any holders
of contracts on the equipment. When this temporary possession
Ordinance No. (1990 Series)
Page 6
and use end, the City shall notify in writing the Franchisee and
any holders of contracts on the equipment. If the Franchisee
fails to take possession of the equipment within 15 days after
notification that the temporary possession. and use has ended, the
Franchisee shall in effect have abandoned the equipment and
waived all interest in the equipment, and the City shall be
free to use and dispose of the equipment without liability or
compensation to the Franchisee.
(1) Throughout paragraph W "interruption of service" shall
mean (a) any period during which the Franchisee's operations are
diminished or discontinued by circumstances beyond its control or
(b) any period after the City has terminated the franchise and
until the City can reasonably acquire other suitable equipment.
(2) Throughout paragraph W "contract" shall mean any
conditional sales contract, mortgage, encumbrance, lease, . rental
agreement or other agreement which provides for retention of
title to the equipment or grants a security interest in the
equipment.
(3) Throughout paragraph W "equipment" shall mean all
vehicles and equipment used by the Franchisee to perform the
services specified in the franchise at any time 90 days before an
interruption of service begins.
(4) If the Franchisee holds title to the required equipment
without encumbrance, then the City shall pay the Franchisee a
reasonable rent for possession and use of the equipment. These
rental payments may be applied against any sums owed to the City
by the Franchisee after temporary possession and use end.
(5) If another party holds title to or security interest in
the required equipment, the City shall pay that party whatever
installment payments come due during the interruption of service
in order to possess and use the equipment. To facilitate
application of this provision, all contracts for equipment
acquisition which the Franchisee enters into during the term of
the franchise shall provide for temporary possession and use by
the City during an interruption of service without breach of
contract or penalty so long as the City makes specified payments
within 15 days after they come due.
(6) The City shall pay disposal site fees required during
temporary possession and use of the Franchisee's equipment and
disposal site privileges.
' B. The City shall retain its rights to acquire the
.247
Ordinance No. (1990 Series) "
Page 7
Franchisee's property by purchase or eminent domain as described
in Article X. Section 1005 of the Charter of the City of San Luis
Obispo.
Y. The Franchisee shall maintain the following insurance
coverage, naming the City and its officials and its employees as
insureds and providing that the insurance shall not be cancelled
without 30 days notice to the City:
• comprehensive general liability with a" $1, 000, 000
combined single limit per occurrence for bodily injury,
personal injury and property damage
• automobile liability with. a $1, 000, 000 combined single
limit per accident for 'bodily injury and property
damage
• workers' compensation with limits as required by the
Labor Code of the State "of California and employers
liability with limits of $1,000, 000 per accident.
The Franchisee shall provide the City evidence of the required
insurance.
Z. The Franchisee shall not transfer or assign its
franchise without the City's prior written approval.
AA. The Franchisee may request an ordinary adjustment of
solid waste collection and disposal rates not oftener than once
every two years. The Franchisee must submit a request by
February 28 in one year for two later adjustments: one on .July 1
of the same year and one on July 1 of the following year. The
request shall include the following information tabulated over
five years (actual for the three previous calendar years and
estimated for the current and following calendar years) :
• statement of assets and liabilities
• statement of revenue and expense
• statement of changes in working capital -
• rate of return on capital investment (with
calculations)
• ratio of operating expenses to operating revenue -
"operating ratio" (with calculations)
The City may consider a request outside of the schedule
stipulated in this paragraph upon demonstration by the Franchisee
to the satisfaction of the city council that it has incurred
extraordinary and consequential cost increases.
Upon receiving a request, the City's city administrative officer
may appoint an ad hoc technical advisory committee to evaluate
Ordinance No. (1990 Series)
O Page 8
_ the request and recommend council action.
SECTION 2. Ordinance No. 1084 (1986 Series) is rescinded.
SECTION 3. Resolution No. 3223 (1977 Series) .is rescinded.
SECTION 4. A summary of this ordinance, approved by the
city attorney., together with the ayes and noes, shall be
published at least five days before its final passage in the
Telegram-Tribune, a newspaper published and circulated in the
City, and this ordinance shall .go into effect at the expiration
of thirty days after its final passage. A copy_ of the full text
of this ordinance shall be on file in the city clerk's office on
and after the date following introduction to print and shall be
available to the public.
INTRODUCED TO PRINT by. the San Luis Obispo city council at a
meeting held on August 7, 1990, on motion of
, seconded by
, and on the following roll call
O vote:
AYES:
NOES:
ABSENT:
MAYOR RON .DUNIN
ATTEST:
CITY CLERK PAMELA VOGES
APPROVED:
-------------
CITY AD INISTRATIVE OFFICER DI CTOR OF FINANCE
GIT TT PUBLIC WORKS DIRECTOR.
LEGISLATIVE DRAFT
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
MODIFYING A FRANCHISE GRANTED TO SAN LIIIS GARBAGE COMPANY
FOR COLLECTING AND DISPOSING OF SOLID WASTE
WITHIN THE CITY OF SAN LUIS OBISPO
WHEREAS, public health and safety demand the orderly and
periodic collection and disposal of solid waste from properties
within the City of San Luis Obispo ;:,"°":") ; and
WHEREAS, Eli6Ct officials and staff have determined that
an exclusive franciise granted to a private company is the most
effective and efficient way to collect and remove solid waste
within eITY M; and
fi7HER�sAs, the City has granted s873 is axbage O pAW fie
Franchisee':") $n exclusive rancnise o the co 2ectxvn A
disposal of so3id waste w th3 tae. Sin leis 4b spt c ty t
end ..
WHEREAS, lie, r$nc#�is has
provided solid waste collection and disposal"'serv` ce"within
e-IsYthe>Gs.ty for more than 40 years without interruption; and
WHEREAS, during public comment periods concerning solid
waste collection and disposal, most respondentsPiave expressed a
high level of satisfaction with the service provided by San Luis
Garbage eempany
tari'e '3' e; and
WHEREAS.. Ferre gcont nu3ng the franchise held by San Eels
Garbage eer4ki*yte.:franch3see would ensure the continuation of
effective and efficii, nt"`solid waste collection and disposal
service; and
WHEREAS, t2se City t8nt$ to 'improve 8rtd expand taxi aus
recycling services i san suis O �spo byapiement3ng the
recommendations of its adopted::Recclnc Imvroycment Pian, acid
WH8REA8, tae City hay �iete "3ainecl: that :the Freichfsee Ooh
provsde needed : ecy3 ng serves ru kly arid' eff3 c1.1
ientyf
BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That San Luis Garbage eempany (11mmiemEsEE") be
grantedheX+clusve franchise granted to the Franchisee for
the collection ana....disposal of solid waste ;resin eypyiimits
shal3 ? antiu: subject to the following ttz +e terms and
conditions:
A. The franchise shall begin on March 1, 1987 and shall end
on June 30, 1997.
�.3L
LEGISLATIVE DRAFT ORDINANCE - Solid Waste Franchise Changes
Page 2
B. -F. ;ecusmb a . shall comply with all pertinent
provisions of the Charter"..6'f the" City of San Luis Obispo, and all
pertinent ordinances and resolutions of the City of San Luis
Obispo. "8xach shall particularly note Article
X of the Charter of``tie 'C ty.- df""gan Luis Obispo regarding
licenses and franchises and Chapter 8.04 of the San Luis Obispo
Municipal Code regarding solid waster0�31Ct ozi anc disposal and
6theitys right to set rates. Ehe:..C�t " reserves the
right £o revise any of its laws and regulations"'pertaining to
solid waste co33ectcn $ht's disposal in order to protect public
health, safety an we fare. he` ratz�chse shall
comply with all existing and future count-stite`-and federal
laws and regulations.
C. shall acquire and maintain for
the full term of the `f`rancf ` se` registration to haul hazardous
waste to a certified disposal site.
D. FFA?;EiijsHH T e `ranch3; a shall pay a Vthe Lity €ivesi
percent of its
p gross cask receipts for collection tinct disposal of
solid waste within the E3- Li with payments due on the 15th
day of each month for receipts from the previous month.
Franchisee shall not collect solid waste
Cin residential areas°'be ih' the""hours of 8:30 p.m. and 6:30 a.m.
F. Within 24 hours of notice from E3e`` 3y or a
customer, �x #E &Ethe Frnahsee shall collect any solid waste
which �the.:FrancBsee may have failed to collect at the
regularly scheduled `t`ime: .:::
G. if cannot collect an article of
solid waste because it is too heavy; too large or incorrectly
packaged, FF4A;eH1-C; &the.. `xanh3se8 shall attach a tag explaining
why that article could'"notbe""collected.
$• � e`:' rant see; shall ensure that while on duty
each collection worker'wears..a`'`cYean uniform with conspicuous
insignia displaying ' ' `zact'° ;see ; company name and
the worker's name or identificaton...number`. ry
FrsridhiBe shall keep a fleet of
collection trucks adequate" to perform the service specified in
the franchise and shall maintain that fleet according to the
stipulations of Municipal Code Sections 8.04.030 and 8.04.090.
J affiliates shall the
disr required by the - - eetlen 8. 84 . 86a
aeeerdinq to all applieable eounty, state and federal regulatiens
a a , eeat en not mere than 15 miles free the eity- 1mits o
ity e€-San Emis--ebispe mmeiii6££ shall ensure that the
LEGISLATIVE DRAFT ORDINANCE - Solid Waste Franchise Changes
Page 3
Day
.
Sunday or legal holiday ;!99 a.m. te 3: 88
.
administrative -=fieer. Act the ent ranee to the disposal site--,i
F4w;eiHESE ' shall ensure that
- sign is posted hie fi
rates,
The 1 An--dh3see aT3 contxact with a apezatox.."off W disposal
Visite to provide ;a dace for City customers to dispose: o� st��3ti
toaste from 8:0fl .It. too p, t. each day of 'tire w8e .
R. In June of each year, beginning on the first Monday
after the second Saturday and continuing through the following
Friday, Has&&te < c !se'e shall conduct a "residential
cleanup week" and collectacicltonal solid waste from residential
customers within e3EcR3it ;e< y during regularly scheduled service
at no additional charge to those c u s t o m e r s F Sr%
irihdhi:see shall not be required to collect the following-
additional solid waste:
• loose material not placed in suitable containers or
tied securely together
• bundles of loose material weighing more than 75 pounds
• bundles of loose material exceeding four feet in
length, width or depth
• individual articles weighing more than 100 pounds
• individual articles shaped so awkwardly that two
workers cannot lift them
• sofas, overstuffed chairs, mattresses and major
appliancesset's�ut without prior arrangement with
.Frchise.
L. @ i:' lCh see* as the'Ci y�!m vthar
3recycYing agent; shall col'Iect for recycling t!i"e" 'f"o'Tlowinq`
materials from saxtgle family residential customers once each
week:
• newspapers paelted in brown greeery bags or tied with
tie
• aluminum cans -' -eea in appropriate eentainersR
,
�Calfoi8 rec3emptiorl 1t�lug
_
• glass bottles and bars e =- --- -- - e een - ers
::::: .. .:::::::::...�.::::::::.::::::::.:::..:.::::::::.::::::::.:.:::.::::::.::::::. '"poop- -_. -rr--r----- --..- ....-..
plastic beverage contaners. withafornis redimptian
L L
.::. ..: .. '..n....z ....mu5.. ..✓ .....,....
1
o sncaurage separatoa a xecycabe materials, �kheranch3see
-3ow
LEGISLATIVE DRAFT ORDINANCE - Solid Waste Franchise Changes
Page 4
shis use riistinct ve iz;s t+o e71 singie-family
residential custamexs ah8 tst ariy multi trait id""a' and
tommercia t:ustomers;`wha xequest th+ a ' " " : > ">
After receiving=permitsrsr........
ita '#nkaxtttoatl`xe+ y+cing yaxd
from the t aunt% of San Luzs 4b s 54-the 'r rch a s3 a l ail+ect
for 'recyci 3ng the faliawing mats ads -trona s~ommeraial t:ustamers ..
• P .
aluminumz%r►sih :ral.ifaa rdemptaxwxralei
glass :_bottles anti ar
.. . .
• plast,its beverage s:onta3ners wiht:alifarxiia xede�nptio
value w.,..,'Al
A....
�`' car�rioaz"d
.............:.office:;pap. '
BegznningTanuary 1, 19g , theranchi�s+es shelf siibmtiartezw
reports of' its recyc3ing activities, includingevais of
� artieipatfon, amounts of waste diverted #ram the lanalfi and
income ;stat+e�ments�:.
If tie �'ra"ndbf ee wi fully and ;persistently fails to trollet~t
recyclable materials the sty sha21 21ltify the Frariuhisee art
rriting af;'the failure. If the Franchisee tines not correct the
failure within 2ti days after receiving notice, the City may bit .
resolution of the City council terminate any provisions of thLs
paragraph and award a franchise or contract f ..
prganiza�tion .for collection of xeoy-labia nater als.
,.
If i"plemnenting ang-terns solid waste p "ann3ng xequirr�s
reorgaazation cf recycling activities taithir� tPie city, City
may by•resalution of tha +pity rauncl ntatiifyirrctermr�ate any
provisions of #.hisaragrah ',:
,.:rv..............
Noth1ng in.<this ordinance shay prelude emy +organization dram
collecting ;recyc3. Ole mate3rials fxom ct�manert:iai oz a......n t
residential customers' within t#ieit ►, 1rsLtsiztg in this arciiAahce
tshall preclude the City from awarding franchises syr contracts: to`'
other organizat3orls dor Collection of xecydlable materSais from
commercial ar multi unit xes3Bential customers within the C3it'
..ei ..« .... .......:...:v .:...., :: :.:.,..s,:.:..,.::: .... rcw.:, x,...:....
reeyeling imprevement plan subjeet to review and appreval by the
L
Q'Ge'unei! of t e el y of SSR s ebisp0ThisLa11 2ne1..
awned
vehieles
L LL designated
' i73a4L • landfill
df l 2 franeh
1
erdinanees shall be inevementally eliminated in the fellewing
(i) Frem 3areb1, 398:7 through c7tme 30, i987 ,•i-"crriszair
v-33
LEGISLATIVE DRAFT ORDINANCE - Solid Waste Franchise Changes
Page 5
eentinue to pay no disposal fe-&zr
r , &98e eiql* shaii pay.
2 pereent of LL_ _pp 2eab _ _ _�___1 r'__
-- r----'-- -� �••� -rrLiV Yivr YiVrVVYi. LG.G•
4) Fres a:ttly , i
&999 eEwy shaii pay(5 1 Free auly it
1990 enw.�.- shell pay the full
dt_p___l r__
Altheugh the landfill is ow"ed and eperated by an affiliate ef
FpameiusEBi
shall be billed by and paid to FiWieffESEEr .
N. with eiTy i
FRPAMIESEE shall eumulatively spend
the _davit _ _, revenue reeeiv-d under t}�
paragraph K-
__
eyellneff
eapital improvements to reeye7 ing faeil :_a__
...r 4jqpjj _*%_..
eil
taherrinnevative solid waste management serylees
09. If waste-to-energy facilities become feasible in San
Luis Obispo County during the term of the franchise,
the 'ranct " see shall cooperate with the agencies and
enterprises involved in NN order to recover potentially valuable
resources and reduce waste deposited at landfills.
-PN. The solid waste franchise shall automatically extend to
any area annexed toC �the Citi, except that the: City may
permit a firm franchised'"'by-thd' County of San Luis':'Ol s'po .before
the annexation to continue serving the area for a period not to
exceed five years. When required to serve new portions of
Fithe Ctty, £ dFi�s&$the Frstnchig shall promptly extend
routes and"service and, i "necessary, hire additional workers and
obtain additional equipment.
20. a `Y�s2iehl"9" shall maintain an office with
telephone within the""'San Luis bb"'ispo city limits where customers
i'
of-3�
LEGISLATIVE DRAFT ORDINANCE - Solid Waste Franchise Changes
�. Page 6
may apply for service, pay bills and register complaints.
The Franck ee shall staff this office from 8:00 a.m.
to 5: 00 p.m: IYionclay `through Friday except legal holidays observed
by C-3�3� e' City.
NI'• FpaweiasEppshall prepare and keep current
a flier acceptable to"", the' G ;ty which summarizes solid waste
regulations, fees, telephone numbers and other pertinent
information. 4ti Fa at3`P ise� shall print whatever
copies of this flier are needed'. � � rarsi�s shall
distribute copies of this flier to all new ee ""customers
and shall annually mail copies of this flier to all of its
current ee:mRerelal customers.
this Elier to all new residential eustemers and shall annue
mail eeples eE this flier--teall eurrent residential
SQ• ��� ' e>" ra..51 1se�, shall maintain copies of all
written service compYa nts` iiid� summaries of all oral service
complaints and shall allow eE3 ;A',t officials to inspect these
records duringthe
required office staffing hours after C-14
Olt y has requested such inspection with reasonable notice.
'FR. In its accounting records,
shall discreetly maintain and clearly identify
C revenue and expense pertaining toStleiy7s franchised
operations. �The' Flanchsee shaYY allowity
officials to inspect these records durin the re ` ''
P g required
staffing hours after has requested such inspection
with reasonable written notice. a Franchisee s7aa11 allps the
r ......:.:
City to audit tese records fOr thB purpose of prepaying
financial statements certified to reflect general Iy.,accept
accounting principles
.....:..:.....:.. X.
i ..j a�...i..l....a r..r.... vaaavcai ....:..... '
orks" director
wshall administer the solid waste franchise and
supervise the Franchisees compliance with the
franchise terms and conditions. I'fadisagreement arises between
the Franchisee and a customer, iF s s- 4 i�... e
admift,_t__ __._ _ter. ___ blio �rorCs dir ctrir shall- cb—Adiict an
investigation decide the matter an ....g. v.e clue notice and
documentation of that decision.
VT. FIs&&''2e ' `xc? 'see shall continue to collect and
dispose of solid waste`"throughoutA'the term of its franchise
without interruption.
Wtt. ;` ;" 'z M`--a shall furnish and maintain a
cash or surety bond n..the amount`K.of $50, 000 to ensure the
faithful performance of its franchise obligations and its
compliance with applicable laws and regulations.
LEGISLATIVE DRAFT ORDINANCE - Solid Waste Franchise Changes
Page 7
i
A9'. If "e" arisee willfully and persistently
;:.
fails to perform according to the franchise terms and conditions,
ei,E: the City shall notify in writing of
the failure. If FFUMM the: r$nC isee does not correct
thefailure within 20 days a`fte"r"""`receiving notice, ei-T* ' 3
may by resolution of the city council terminate the franchise.
VV. If there is an interruption of service, est >` t
shall be entitled to temporarily possess and use tie
Franchisee's equipment and disposal site privileges in order
ue sto
continervice. When this temporary possession and use begins,
e3�the C ty shall promptly notify in writing FPM;ewEsBHt(1
Frarichise.e"and any holders of contracts on the equipment----'When
this"temporary possession and use end, e3aftheit shall notify
::...: .... :... :
in writing the franchisee: and any holiiers of contracts
on the equipment. If ����3��the ?rana2�'isee fails to take
possession of the e >:;;;:. ..,......_,.::.:".,;:: :::;..:
p equipment within i`5" d"ays� after notification
that the temporary possession and use has ended, FR ; *WxE&# e
Franchisee shall in effect have abandoned the equipment and``"'" '
waived ail interest in the equipment, and eaEwtie, eztr shall be
free to use and dispose of the a '°�"`
liab
p equipment without+ ility or
compensation to FPA?;ei__sEEthe..Franch sso.
(1) Throughout paragraph iEt "interruption of service" shall
mean (a) any period during which the '7raxchaeea
operations are diminished or discontinued by circumstancesbeyond
its control or (b) any period after e3ttle =>Cft has terminated
the franchise and until e3�SFte;A can` reasonably acquire other
suitable equipment.
(2) Throughout paragraph *. "contract" shall mean any
conditional sales contract, mortgage, encumbrance, lease, rental
agreement or other agreement which provides for retention of
title to the equipment or grants a security interest in the
equipment.
(3) Throughout paragraph #±1 "equipment" shall mean all
vehicles and equipment used byt) e'' aric `z'eee to
perform the services specified in the franc2 'iseatany time 90
days before an interruption of service begins.
(4) If e' £�a`j. 166 holds title to the required
..:.........
equipment without encuml ran Ie:, th'en'` 3Ft'he"t i ? shall pay
�the :Francse41a reasonable rent for possession and use
of the equipment. Whose rental payments may be applied against
any sums owed to e3e Cid► by i�P�Ethe 1'riChisee after
temporary possession and "use"end.
w :,,. kh :.:..........:.."
(5) If another party holds title to or security interest in
the required equipment, e3ipythji t shall pay that party
whatever installment payment§ come "due during the interruption of \
X4/0
LEGISLATIVE DRAFT ORDINANCE - Solid Waste Franchise Changes
C Page 8
service in order to possess and use the equipment. To facilitate
application of this provision, all contracts for equipment
acquisition which �H3-6&Etzs enters into during the
term of the franchise shall V��rovide""forVtem ora
p p ry possession
anduse by eign 't e;`? C3t
raY.
during an interruption of service without
breach of contct` or penalty so long as Cil '??" ► makes
specified payments within 15 days after they come...due.
(6) eTTYT ;' shall pay disposal site fees required
during temporary possession and use of FRANMESEB ;t
P-tanchi ee's equipment and disposal site privileges.
92. fgElFy3 ......",*0"'it-Y shall retain its rights to acquire
the,.;.F`rarlchise '. property by purchase or eminent
domain as descrlied in'"Article X, Section 1005 of the Charter of
the City of San Luis Obispo.
lY.
..��2��1fTheAsC3W8, shall maintain the following
::::,. .,.:.:....: . ..>..::.:.
insurance coverage, naming ' .t ' y and its officials and its
employees as insureds and providih4...that the insurance shall not
be cancelled without 30 days notice to the eEw :
• comprehensive general liability with a $1, 000, 000
combined single limit per occurrence for bodily injury,
C personal injury and property damage
• automobile liability with a $1,000,000 combined single
limit per accident for bodily injury and property
damage
• workers' compensation with limits as required by the
Labor Code of the State of California and employers
liability with limits of $1,000,000 per accident.
&`i'he Franchisee shallprovide e1TYWXM evidence of
the required insurance.
���A6•&&The �rariGhsee shall not transfer or assign
its franchise without & he '`G prior written approval.
¢e1A. � e'VariC :e' may request an ordinary
adjustment of solid waste"collection and disposal rates not
oftener than once every two years. FRMeiusEB '7C7Ct" ise must
submit a request by February 28 in one year for two "Yater
adjustments: one on July 1 of the same year and one on July 1 of
the following year. The request shall include the following
information tabulated over five years (actual for the three
previous calendar years and estimated for the current and
following calendar years) :
• statement of assets and liabilities
O statement of revenue and expense
• statement of changes in working capital
LEGISLATIVE DRAFT ORDINANCE - Solid Waste Franchise Changes
Page 9
• rate of return on capital investment (with
calculations)
• ratio of operating expenses to operating revenue -
"operating ratio" (with calculations)
e; t may consider a request outside of the schedule
stipuMated...in this paragraph upon demonstration by FRA3;eiasE&
Franc ' see to the satisfaction of the
s- sgeCity'OOV33Ci ', that it has incurred extraordinary and
consequential cost increases.
Upon receiving a request, ^- city administrative
officer may appoint an ad hoc technical adviso
y a pp ry committee to
evaluate the request and recommend council action.
SECTYON 2 Ora nanOeN0 1�}B4 198b Ser Qs' s xesci de t.
....y:: ::..:....:..::".::?{i..:...:.:.......v:v.n...:..vy:.:•.l:i':!.::.:'.(iii:: M::.•.u::.
SECTIC11� Resolutann::.. x;::
(O. 3 (�9 ? Ser ss iseS+Clnc�ed :
SECTION 4. A summary of this ordinance, approved by the
city attorney, together with the ayes and noes, shall be
published at least five days before its final passage in the
Telegram-Tribune, a newspaper published and circulated in the
City, and this ordinance shall go into effect at the expiration
of thirty days after its final passage. A copy of the full text
of this ordinance shall be on file in the city clerk's office on
and after the date following introduction to print and shall be
available to the public.
ord1084b/de/p
x•38
RESOLUTION $0. 6826 (1990 SERIES)
C A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
ADJUSTING RATES FOR SOLID WASTE COLLECTION AND DISPOSAL
EFFECTIVE JULY 1t 1990 AND SUPERCEDING RESOLUTION NO. 6792
BE IT RESOLVED by the San Luis Obispo City Council as
follows:
1. Effective July 1, 1990 the rates for solid waste
collection and disposal shall be those listed on the attached
rate schedule dated July 1, 1990 and incorporated here by
reference. These rates shall be applied to all service bills
issued after July 1, 1990.
2 . Upon passage, this resolution shall supercede
Resolution No. 6792 (1990 Series) .
3. The city clerk shall furnish copies of this resolution,
as executed, to finance department, public works department and
San Luis Garbage Company.
Councilwoman Councilman
On motion of RanDa seconded by Reiss
and on the following roll call vote:
AYES: Councilmembers Rappa, Reiss, Pinard, and Mayor Dunin
C; NOES: Councilman Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 18th day of
June. , 1990.
Attest:
Q) 2,
Ci leek Pam Vog
City ministrati Officer t ft ne
Director Finance is Works Director
C
� -39
R 6826
i
CITY OF SAN LUIS OBISPO
RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL
7/1190
SINGLE FAMILY and MULTI-UNIT RESIDENTIAL
GARBAGE CANS or WASTE WHEELER CONTAINERS(PER MONTH)
$8.10 1 cubic yard, 1 collection per week
$4.20 per can or container for collection away from the street curb
Maximum volume and weight per garbage can.35 gallons and 80 pounds
There shall be charged a monthly rental fee for a waste wheeler container.
These rates shall be superceded by volume-based rates effective 9/1/90.
MULTI-UNIT RESIDENTIAL DUMPSTER CONTAINERS(PER MONTH)
size of COLLECTIONS PER WEEK
container
(cubic yards) 1 2 3 4. _ 5 6 7
1 $43.00 $64.00 $77.00 $107.00 $134.00 $150.00 $193.00
1.5 $50.00 $73.00 $92.00 $121.00 $145.00 $158.00 $223.00
2 $58.00 $82.00 $107.00 $134.00 $156.00 $167.00 $253.00
3 $71.00 $101.00 $139.00 $178.00 $232.00 $251.00 $337.00
4 $86.00 $129.00 $182.00 $248.00 $309.00 $335.00 $418.00
6 $117.00 $179.00 $251.00 $371.00 $428.00 $472.00 $558.00
8 $150.00 $221.00 $335.00 1 $495.00 1 $618.00 1 $669.00 1 $755.00
The rates stated above for dumpster containers shall include the monthly container rental fee.
COMMERCIAL GARBAGE CANS(PER MONTH)
number COLLECTIONS PER WEEK
of
cans 1 2 3 4 5 6 1 7
1 $9.00 -$15.00 $2200 $25.00 $27.00 $30.00 $34.00
2 $11.00 $22.00 $30.00 $33.00 $36.00 $39.00 $45.00
3 $14.00 $27.00 $37.00 $40.00 $42.00 $45.00 $53.00
4 $17.00 $31.00 $43.00 $47.00 $51.00 $55.00 $65.00
5 $20.00 $36.00 $49.00 $54.00 $60.00 $65.00 $77.00
6 $23.00 $40.00 $55.00 $62.00 $69.00 $76.00 $89.00
7 $26.00 $45.00 $61.00 $70.00 $79.00 $86.00 $101.00
8 $29.00 $49.00'' $67.00 $77.00 $87.00 $97.00 $113.00
9 $3200 $53.00 $73.00 $84.00 $95.00 $106.00 $125.00
10 $35.00 $58.00 $80.00 1 $93.00 $105.00 1 $117.00 $137.00
Maximum volume and weight per garbage can:35 gallons and 80 pounds
Additional charge per can per collection:$3.00 �'
Rate Schedule for Solid Waste Collection and Disposal-7/1/90
Page 2
COMMERCIAL WASTE WHEELER CONTAINERS(PER MONTH)
number COLLECTIONS PER WEEK
of
containers 1 2 3 4 5 8 7
1 $15.00 $22.00 527.00 $37.00 $46.00 $52.00 $67.00
2 $30.00 $44.00 $53.00 $74.00 $93.00 $104.00 $134.00
3 $35.00 $50.00 $64.00 $83.00 $101.00 $110.00 $154.00
4 540.00 $57.00 $74.00 $93.06 $108.00 $116.00 $175.00
5 $45.00 $63.00 $85.00 $108.00 $135.00 $145.00 $204.00
6 $49.00 $70.00 $97.00 $124.00 $161.00 $174.00 $233.00
7 $54.00 $79.00 $111.00 $148.00 $188.00 $203.00 $261.00
8 $60.00 $89.00 $126.00 $172.00 $215.00 $232.00 $289.00
9 $65.00 $97.00 $138.00 $193.00 $235.60 $255.00 $348.00
10 $70.00 $106.00 $150.00 $215.00 $256.00 $279.00 $406.00
11 $76,00 $115.00 $162.00 $236.00 $276.00 $303.00 $464.00
12 $81.00 $124:00 1 $174.00-1 $257.00 1 $297.00 1 $327.00 1 $523.00
In addition to the collection rates stated above for waste wheeler containers,there shall be charged a
monthly rental fee for each container.
CCOMMERCIAL DUMPSTER CONTAINERS(PER MONTH)
size of COLLECTIONS PER WEEK
container
(cubic yards) 1 2 3 4 5 6 7
1 $32.00 $48.00 $58.00 $50.00 5101.00 $113.00 $145.00
1.5 338.00 $55.00 $69.00 $90.00 $109.00 $119.00 $167.00
2 $43.00 $61.00 $80.00 $100.00 $117.00 $125.00 $190.00
3 $53.00 $76.00 $105.00 $134.00 $174.00 $188.00 $252.00
4 $65.00 $97:00 $137.00 $186.00 $232.00 $251.00 $314.00
6 $88.00 $134.00 $188.00 $278.00 $321.00 $354.00 $418.00
8 $113.00 $166.00 $251.00,1 $371.00 1 $464.00 1 $502.00 1 $566.00
The rates stated above for dumpstercontainers shall include the monthly container rental fee.
UNSCHEDULED EXTRA COLLECTIONS
$11.00 1 cubic yard(minimum charge)
$14.00 2 cubic yards
$21.00 3 cubic yards
$28.00 4 cubic yards
C'
-Al/
9
1
Rate Schedule for Solid Waste Collection and Disposal-7/1190
Page 3
SINGLE FAMILY and MULTI-UNIT RESIDENTIAL
VOLUME-BASED RATES
(Effective 911190)
ECONOMY RATE
$1.00 per special 33-gallon bag distributed by San Luis Garbage Company
(payable when bags are issued)
STANDARD RATE
$11.00 per month for one wastewheeler container collected once each week
PREMIUM RATE
$15.00 per month for up to one cubic yard(six standard garbage cans)collected
once each week
Maximum volume and weight per garbage can:35 gallons and 80 pounds
SERVICE AWAY FROM THE STREET CURB
$4.00 additional per month per can or container
RESOLUTION N0. 3223 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO APPROVING AN AGREEMENT
BETWEEN THE CITY AND SAN LUIS GARBAGE
COMPANY FOR BILLING AND COLLECTION :w
SERVICES.
BE IT RESOLVED by the Council of the City of San Luis '
Obispo as follows:
1. That certain agreement, a copy of which is on file in
the Office of the City Clerk, between the City and San Luis
Garbage Company for billing and collection services, a copy
of which is attached marked Exhibit "A" and shall become
effective March 1, 1977,
is hereby approved and the Mayor is authorized to execute same. 7s:'
2. The Citv Clerk shall furnish a copy of this Resolution
together with a copy of the agreement approved by it to:
San Luis Garbage Company and the City Finance Department. ?+
On motion ofCouncilman Graham seconded by Councilman
Petterson and on the following roll call vote: w
AYES: Councilmen Graham, Gurnee, Norris, Petterson
and Mayor Schwartz
NOES: None
ABSENT: None ;:
• c�`y�*ss
the foregoing Resolution was passed. and adopted this 18th day-.'_:c•,c,�;
of January 1977 t
r' :
M or
ATTEST:
yC e r c --_"—
Approved as to form: Approval as to content:
WENDT, MITCHELL, SINSHEIMER, Endorsement on agreement.
de la MOTTE 6 LILLEY
A Professional Corpo ation
City Attorney
By Allen Grimes �� . 3
BILLING AND COLLECTION CONTRACT
i
THIS AGREEMENT, made and entered into this 16th day of
January, 19 77 , by and between the CITY OF SAN LUIS OBISPO,
a municipal corporation of the State of California, hereinafter
designated as "City", and SAN LUIS GARBAGE COMPANY, a California
corporation, hereinafter designated as "Company."
WITNESSETH:
In accordance with the provisions of Paragraph 20 of the
Solid Waste Franchise executed simultaneously herewith, City hereby
agrees to provide billing and collection service to Company for
residential customers who are subject to the compulsory collection
requirements of the Municipal Code. As consideration, Company agrees
to reimburse City one and one-half per cent (1.58) of all such gross
collections.
The effective date of this contract shall be the 1st day of a --
March 19 77
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be duly executed in duplicate.
SAN LUIS GARBAGE COMPANY,
A California Corporation
i
President
.9
Secretary '
C Y F SAN LUIS OBISPO
.S K
Ma or �}
ATTEST:
• 3
Approved as to Content:
v Clerk ,
i
Approved as to fo m: WENDT, City Administrativewf�lCer
MITCHELL, SINSHEI R, de la
MOTTE & LILLEY, Attorney
By
Allen Grimes Fin nce for
t
�l r �"a I1�Il
MEET NG AGENDA
DATE ��' -9v ITEMS # --
RE: New Garbage Service
Call from Linda Shinn, 2737 Augusta St. (Ph: 545-9831)
She and her neighbors in the Sinsheimer Park area are very unhappy about the
new garbage service rates. Most of them do their own gardening, and she says
they would have to pay for premium service in order to have yard waste picked
aven though they would.actually only need this service once per month. This
represents an 856 increase in rates.
COPIESTO:
Dmo:..:;ANon ❑ FYI
CDD DIIP.
�G Ci FL`i.DIP.
F RP,C'l•ry,Fn
!1[Ij;ATTOFv�.^l F�Y DIP..
CI
MG rw sA U i'EC.DIr.
DA IDTIr L Dl-.
Lz
. , . �
IFFTING AGENDA
ITEM #
543 Dana Street
San Luis Obispo, CA 93401
August 3, 1990
Mayor Ron Dunin and City Council Members
990 Palm Street
San Luis Obispo, CA 93401
Dear Mayor and Council:
RE: Garbage Options
Please record my strong objection to the options offered by the current garbage
company. I really like the idea that we should pay for our garbage by
volume so that it will encourage recycling and reducing our need for more landfill
space BUT I do not like being hostage to the garbage company and having it
mandatory to use their products or else pay the highest rates.
I have invested in two large, sturdy trash cans and a hundred black plastic bags
and think that it is ecologically insane to toss them out so that I can have a
reasonable garbage rate. I use two 33 gallon cans per week, so the delux service
for six cans is three times too much, but I must use that rate if I am to use my
own cans and bags. I would be happy to pay $8.50 per month for garbage
pick-up IN MY OWN BAGS AND CANS for two cans per week and pay $1.50
per can/bag extra when I need the extra volume. BUT I strongly object to
mandatory rent for a waste wheeler that is one third too big for my needs and still
does not allow yard clippings etc. Or I would be happy to pay the 51.00 per
can/bag/box per week with my own bags/cans/boxes.
In your deliberations, please come up with a plan that allows people a true set of
options, not just the garbage company's way or the highest rate. Thank you for
your consideration.
Sincerely,
Donna P Duerk 01;�To. -
jUenotm Acicn G
7f cc,-- Cil
FI GOr� 1- ��'TTi?InR Vl 0
j 1hV I. V.`•moi'`
C r
OUR �. AU
j� !'
l._. :. 1cCt3
CITY COUNCIL
SAN LUIS UBiSYO. CA
r -
SNDA
August 1, 1990
Deno!es action by Lead Perea�I
?aspond by:
City Councilmembers ►��� +
City of San Luis Obispo IX.�'a�
990 Palm Street r9c:cy::y.
San Luis Obispo, California 93403 Cork-'rig.
!x Y.oro�✓c�
Dear Councilmembers : •.1C
I am writing to you to express mye_at_d_sappointment in
the new garbage collection schedule that the city council
has advised, and my absolute disagreement with it. I
received the brochure describing how it will be implemented
on Saturday, July 28, 1990, and have been thinking about its
consequences since then. What is even stranger is that the
company wants an answer about which rate we want by August
5, and will start the new system by September 1, 1990. This
leaves us no chance to respond or to take action.
I have been told that the agenda of the city council was
printed in Telegram and Tribune last month, and that the
Council decided on this matter afterwards . Since I do not
believe that I need to waste that much paper to get my news,.
I do not purchase T&T, and did not know that you were going
to discuss this new plan. I believe that an important
matter such as this should be discussed in an open forum.
otherwise, a plan such as this may actually go through.
First, I do want to emphasize that I am not against
recycling or throwing out less garbage. In fact, this is
exactly why I am so much against this new plan. Let me tell
you why.
1. If the intention is to reduce garbage, and if we assume
that some, lets say 1/3 of the city residents, will try to
produce less garbage, then some 15000 residents, or about
5000 families may use the economy service . If each family
uses an average of 2 Orange bags per week, they will happily
contribute about 10000 additional bags to the landfill.
10000 bags per week, because they want to save the
environment. 10000 bags, so that they can package their
smaller garbage bags in another layer of plastic and dump
it . 10000 bags per. week so that even the degradable
materials will not have a chance to degrade inside: the
Orange bags . Why? Because people like me who at this point.
are using their garbage cans to collect the garbage will use
the stupid Orange bags, 3 mil thick, to throw away their
garbage. Isn't this another "throw-away mentality"
solution? Garbage cans are not thrown away every week, but
we can not use them unless we pay more!
RLC
AUG 6 MU
CITY COUNCIL
SAN LUIS OBISPO, CA
10 : i5 aW---
2 . In your plan, you are rewarding people who actually
produce more garbage, by giving them a discount . This Is
like your plan for water savings . If someone conserved on
water, they got even smaller allotments than people who did
not ! Now, if someone uses three bags a week, they will be
paying $12 per month for garbage removal . If they choose
the. Standard service, they are allowed a similar amount,
e .g. one 90 gallon wheeler per week, at $11 per month, where
actually $2 . 5 of the. eleven dollars is rental ! In addition,
if someone produces an equivalent of 6 bags a week as in the
Premium service, instead of $24, they will pay $15 a month .
Also, with the Standard service, one can rent two wheelers
(this is equivalent of 6 Orange bags a week ) at a mere $20 .
What a great service . A great discount for producing more .
Shouldn 't this be the opposite?
3 . At this point, we have three garbage cans, each purchased
at about $10, in our household, where we usually use only 1
per week, except when we do yard work or have company. Now
you are asking me to rent a huge wheeler for $2 .5 per month,
and find a place for it too, just to do what I have already
done . Why? Why should I have to rent something I do not
have any use for or want? Because you have come up with a
plan such as this? Why should I want to rent something I do
not want, or else, have to use the Orange baggy
4 . The SLO Garbage Company is supposed to become a vendor,
something they are not, and sell these Orange bags to us.
This means that each day, hundreds of people have to take
off from their jobs, drive to Down Town, find a parking
place, and purchase the Orange bags. Do we have enough
parking places in Down Town for these many additional
people? Can everyone easily take off from their jobs and go
there to purchase the Orange bags? Can the Garbage Company
service these many people every day and sell the bags to
them? What if they run out of bags? Can we afford the
extra traffic and the air pollution caused by the people who
go to Down Town to purchase the bags?
5. What makes you think that using this plan is going to
have any positive effect on the amount of garbage produced?
As far as I have seen in my neighborhood, no one has more
than 2 or 3 can per week anyway, and they separate their
recyclables . Ask the Garbage company about the distribution
of the. amount of garbage in town..
6 . In the brochure it mentions that the Garbage company will
not collect the yard clippings. Well, what are we going to
do with them? Eat them? Shall we not take care of the yard
any more? Isn't it that the clippings are actually natural
materials and they do degrade? Isn't it that the Orange
bags will not degrade? Shall we outlaw the yard clippings
and force everyone to use the Orange bags?
7 . SLO Garbage company tells me that they only consider
newspaper, glass, and aluminum as recyclable . We already
recycle these . Why don't you ask them to accept tin cans?
What about regular papers we receive so much in the mail?
How about boxes? We have no choice but to bring home the
boxes, since in our society everything has to be packaged
(even our garbage) .. With your plan, our boxes will also go
into the Orange bags. According to the brochure, if you do
not care enough for environment and choose the Premium
service, you can also throw away your yard clippings, but
not with the other two plans.
8 . According to the brochure, these rates and schedule will
not apply to the businesses. Why not? What is the
difference? Do they contribute more to the City than the
rest of us? Is their lobbying stronger than us? Or are
they special in any other way that they do not need to care.
for the environment? If this is a good plan, everyone
should use it .
I think that you should immediately stop implementing this
plan and listen to the people . I am sure that many people
can come up with better plans that will actually be
beneficial . Here is my solution, though not perfect:
Allow every household to put out three garbage cans or
equivalent, or one wheeler if they so desire, per week, and
charge everyone the $8.50 you plan (plus $2.5 for wheelers
for the people who want it) . No additional garbage will be
removed per week per household. If someone needs to throw
away more, penalize them by forcing them to rent two
wheelers, and charge them accordingly. This way, no
additional Orange bags will go to the land fill, no one has
to rent the wheeler un-necessarily unless they want to, and
the ones who produce more are penalized. Everyone is
treated equally, and everyone is entitled to leave out a
maximum of three bags, cans, or equivalent, including boxes
and yard clippings . Remember, boxes and clipping are more
degradable than Orange bags .
Please consider this or other similar plans, for the sake of
environment . we really care for it . I apologize for the
harshness of the letter., but please understand how this
anger is related to my care for environment . Thank you very
much, and I hope to hear some good news about this in the
near future .
Sincerely,
tiA
Saeed Benjamin Niku, Ph.D.
1287 Descanso Street
San Luis Obispo, Ca : 93405
E�liGL 1 ihr'u" J hi:
O140 Twin Ridge Drive
San Luis Obispo,CA 93405
r---_... ____
drgp;•:
August 5,1990 ;_;
City of San Luis Obispo and
San Luis Garbage Company Cho
i
970 Monterey Street AS
Luis Obispo,CA 93401
Wr
Sirs:
Your"new system of garbage service which will do something positive for the environment"
seems designed to be convenient for you and highly detrimental to the environment.
A letter suggesting we"avoid wasteful packaging when(we)shop"comes together with a plan for
you to switch from taking garbage in extra cans(reusable for years)to orange,33-gallon 3 mils
thick orange bags.You plan to fill the dumps weekly with thousands of these bags which we
must purchase by driving downtown thus adding pollution to the air and congestion to the
traffic/parking situation.You suggest composting garden materials without due regard for the
v hazards of composting that can result when such a project is undertaken with inadequate
preparation.
Yard clean-up is a positive goal for city residents.Your plan seems to fly in the face of good
sense:composting grasses can be terribly smelly and messy;pruning branches is seemingly
unacceptable in your scheme—they don't go in compost and they can't go in the garbage.
As a family,we are conservative--always recyle everything(and are eternally grateful for
curbside pickup!)and typically fill one 33-gallon can with non-recyclable waste and one can with
yard clippings.Clearly your"economy service"would make sense for such users but I refuse to
throw away my garbage can(more plastic in the dumps!)and utilize your plastic.I think you'd
have done better to investigate raising rates by,say,$1 per household and staying with the
flexible plan you've always had.Yes,it is a fluctuating load for you to predict and handle,but
its flexibility does ensure that SLA residents keep yards neat and healthy.
We vote No on orange bags!
Sincerely,
Candace Forbes RECEIVED
Bert Forbe� UG- 7JSv ,1990/
OJ~4 YV4S P,�RK
SAN LUIS OBISPO,CA
M- AGENDA
Natalia Nei[ DOUR-- 'ga ITEM #g0Z
P.O. Box 1104
SanLuis Obispo, Ca(Vomia 93406
Denotes acuon by Lead Person
j Fespmui by:
l/-.Council
7 August, 1.990 V-1CAO
City Atty.
.San Luis Obispo City Council Clerk•orig.
990 Palm St,. W
San Luis OBispo, CA 93401 ' {ISf• C qa
RE Garbage c llection
Dear People:
I am writing as an irate citizen to the
proposal of the San Luis Garbage Company
that we must all use some form of plastic
to dispose of our garbage. Adding more
non-biodigradable plastic to purr landfills
will do little or nothing to aid in our
solving environmental pollution problems .
I have very little garbage because I have
been aware of the problems for a very long
time. I compost vegetable and other.
UJI�„� .Q kitchen scraps . I recycle bottles, paper,
alumiuium, etc.
9 m I have a metal .30 gallon garbage can . I am
CD coo strongly opposed to buying plastic to put
5-5 in it to dispose of my garbage. I am perfectly
UJ a[ _2, willing to pay for the garbage disposal ser-
vices . I just don ' t want to use plastic.
I cannot dome to the meeting about this to-
night so I am writing my objections .
120 Serrand.t, Hts . Natalia Neil