HomeMy WebLinkAbout0439.091Oc'Cober 3, 1991
THE HONORABLE CITY COUNCrL
Palo Alto, California
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Long-Term, Di.ru;losal "greement with Wa3.te_~anagero.ent !ncorporateq and
Memorandum of Understanding Between citie.s ot:_PaJ •. Q Alto. SunnyVale
anQ Mountftin View
~ember5 of the Council:
Repo..,...t in Brief
This report recommends that Council approve the attached agreement
between the city and Waste Management Incorpor~ted (WMl) for 28
years of solid waste disposal capacity at tbe Kirby Canyon Landfill
in San Jose. Staff also recommends that council approve the
atta.o:::hed Memorandum of Understanding (MOU) between the cities of
Sunnyvale, Mountain View, and Palo Alto, concerning the use of the
sunnyvale Materials and Recovery Transfer Station (also ~~own as
the SM~RT Station but referred to here as the Transfer Station) as
a companion agreement to the WMI agreement. In 19SEi, Council
authorized st.aff to negotiate with parties for landfill spaca
outside of Palo Alto. In May 1988, Council authorized staff to
neg~tiate an agreement ~ith WMI for long-term di~pcsal capacity.
~ackgrouDd
On September 21, 1~87~ Council approved Palo Alto's participation
in a MOO between the cities of Los Altos, Los Altos Hills, Mountain
View. CUpertino~ sunnyvale. Santa Clara and Palo Alto {including
Stanford)~ and the County of Santa Clara, to issue a Request for
Proposal for sanitary landfill space suffiCient to provide 25 years
of disposal capacity (CMR:468:7). Five firms sub~itted proposals
to provide disposal capacity. After review by staff from
partiCipating cities, it ..... as determir,ed that two proposers,
Browning Ferris Industries {BFI) and WMI, met the requirements
outlined in the proposal. During the co~rse of review and
negoti;:,.tions "With both proposers~ it w-as determined that WMI would
provide the best combination of services for Mountairl View,
Sunnyvale, and Palo Alto (the Cities).
CMR:439:91
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City Managers from the
indicating that each
Council exe~ution of
con~itions were met
(CMR,241,8) •
Cities then sent a letter of intent to WMI
City Manager ~ould recommend to his/her
3 contr~ct ~ith WMI" provided certain
as outline~ in the letter of intent
In May 1988, Council revie .... ·ed CMR:279!8, ItAuthority to Negotiate
for Long-Term Disposal Capacity 'With ;"aste Manaq.;;:ment
Incorporated". The report recommended that Council authorize staff
to begin contract negotiations with WMI for long-term disposal
capacity at Kirby C~nyon Landfill in San Jose.
council referred the item to the Finance and Public Works Committee
to evaluate staff"s analysis of the proposals received froin WMI and
erowning Ferries Industries 'BFI).
On May 31, 1998 1 staff presented a CMR '296:8} to the Finance and
Public Works Committee which described the compar-ative anelysis
between BFI and WMI's proposals. The staff analysis included
determining costs associated with travel distances to the pr9posed
sites, Palo Alto Sanitation Company (PASCO) labor costs, required
trips per day made by PASCO, maintenance costs, fuel costs and
other associated costs to transport refuse to either proposer's
site., in addition to the Transfer Station and disposal costs.
Othe"Z' considerations included available capacity at each site.,
options to extend the term beyond the 30-year base agreement. and
construction and cperation of the Transfer station in the City of
Sunnyvale, including recovery of rEcycled materials during
processing at the Transfer station.
The Finance and Public Works Committee concurred ~ith the process
used to select WMI, and or June 13~ 1988, Council authorized staff
to negotiate with WMI for long-term disposal capacity.
The frameworK for negotiations centered on the letter of intent
that describ~d the project and the basic terms and c~nditions which
would be subject to final negotiations. The letter of intent
included:
• Th~ cost (per ton) for disposal at Kirby Canyon.
• The cost (per ton) for the Transfer Station fee.
• The size of the Transfer Station to be built in Sun~yvale~
• The services to be provided at the Transfer Station
{recycling drop-off and buyback, processing of mate:cials
collected by City prograrn5~ and a materials recovery system
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to rp.move additional rec:yclables troI:! refuse brought to tl":e
Transfer station)4
• Costs the City would ~nd ~ould not be responsible for beyond
the disposal fee negotiated in the contract.
• A waste composi.tion study of each city's refuse to deter't!line
annual quantity (tonnage) and \lIhat portion was recyclable.
• An ann~al formula for inflation.
• Timeline for constructiorl. of the Transfer Station and
ultimate use of ~irby Canyon.
Discussion
Onder the original proposal submitted by WMI to each of the Cities~
WMr would provide long-term disposal capacity at the Kirby canyon
Landfill and 'MQuld build and operate the Transfer Station in
Sunnyvale, where re.fuse would be processed for recyclables anc!
ultimately disposed ~f at Kirby canyon.
Staff negotiated with WHI through September 1990 ...... hen negotiations
reached an impasse, createc! primarily by three issues:
1,. The passage of AB 939 (recycling requirement} would reduce. the
amount of recyclables WMI could recover at the Transfer
Station. due to increased source reduction progra~s by ea~h of
the Cities which ~ould result in reduced materials revenues to
liM!.
2. WKI vas required to line the entire Kirby Canyon Landfill to
address concerns raised by the Regional water Quality Control
Board {RWQCB). The cost for the liner (estimated to be $4.39
per ton) had not been included in the original disposal fee.
3. WMI considered the COl'1,tract conditions propo~ed by each of the
Cities for operating the Transfer Station to pe too stringent
and burdens om e .
The three City Managers and key public works staff from each of the
Cities met with 'r.'MI in an attempt to resume negotiations. All
agreed to continue negotiating the disposal portion of the
agreement and resolved Item 12 above by adding the $4.39 per ton
liner cost to the disposal fee WMI would charge each city. It was
alsQ co,greed that the remaining two issues (AB 939 impacts, arod
Transfer Station operation conditions) vould be addressed during
negotiations on the Transfer Station between Sunnyvale and tl'1e
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potential contractor who ~il1 ultimately construct and operate the
Transfer s~ation. Under the terms of its cwn agreement with WMI,
SUn..'"1yvale will continue to negotiate ..... ith "'MI ttlrouqh December 31
to build and operate the Transfer station. If negotiations yith
WMI are unsllccessful, then Sunnyvale • ... ill competitively bid for a
party to design, build and operate the Transfer Station. Under the
Sunnyvale agreement and the proposed Palo Alto agreement with WMI,
Sunnyvale is solely responsible for the selection of the Transfer
station contractor a MO'..lnt:ain View also has its own agreemer.t 'With
WMI, which is suhstantially similar to the Palo Alto (Attachment BJ
and Sunnyvale versions. The Sunnyvale City Council approved its
contract with w"MI on September 10 .. 1S'91, and HountC!lin VieW' approved
its contract on September 24, 1991.
WI Agreemswt Condi tion~
• DISPOSAL FEES
In the 1988 proposal, WMI offered disposal at ~19 per ton,
including state and locel tax pass-throughs (4.07Jton), and
credit fer the City's recycled materials recovered at the
Transfer Station (then estimated at 15-25 percent of the waste
stream) and provided for an annual adjustment to the transfer and
disposal fee for inflation.
The current cost per ton adjusted for inflation {14' over 1988).
including the liner cost (4.J9/ton), t~o disposal tax increases
and four new disposal taxes have increased the total cost by 44
percent.
The current costs per ton are:
Disposal Fee
(inc. liner cost)
City of San Jose
Business Tax
City of San Jose
AB 939 Fee
City of San Jose
Inspection Fee
Public Resources Code 48000
(Sher Tax)
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PER TON
$ 21.99
3.00
.25*
.24'*
1.::10'*
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santa Clara county
Inspection Fee
santa Clara county
Planning Fee
Puhlic Resources Code 46S01
(Ea.stin Tax)
TOTAL COST PER TON
"New Taxes
.15
.60
$ 27.52
The disposal fee of $21.99 is in 1991 dollars and will be
adjusted each year of the agreement (inflation). The current
taxes and fees total $5.53 ton, for the total of $27.52 per ton.
Under the proposed agreement with WMI, the city ~ould actually
pay the disposal fees to the Transfe:r Station operator, \\Tho would
then pay WMI on behalf of the City.
Additiondlly, the agreement includes a -favored naticns" clause
that generally requires WMI to reduce the cost per ton if WMI
negotiates with another party ~ith the same (or less) allocation
quantity at a lower fee. This would apply as long as WHI charges
the other party a lower fee at the Kirby Canyon Landfill.
If WMI was unable. to accept wa~te over the term of the agreement,
WMI would be generally req~ired to find an alternative site and
pay any addi~ional costs for transportation above our costs tu
deliver waste to the Kirby Canyon Landfill, with no incr~ase to
our negotiated disposal fee. Ho .... ever, if xirby Canyon were
prohibited from accepting any municipal solid 'Waste due to a
change in law or permits, ~~I would have to find an alternative
site. If the alternative site was owned by a party other than
WHI, any increase above what the city paid WMI for disposal would
be paid ~y the City. If WMI or the other party o .... ning the
alternative disposal site had a ~favored nations~ clause
agreement in pJ ace at that site, the City 'Would be charged a
disposal fee at least equal to but n~t less than the other
-favored nations· agreement already provided for.
• O'!'HER COSTS
Under the agreement, the City generally is not responsible for
costs that WMI incurs as a result of complying ..... ith current
local, state and federal legislation related to landfill
operation. Costs the City is not responsible for include any
closure or post-closure costs~ costs associated .... ith contractor
negligence, costs of remedial or additional work attributable
solely to municipal solid waste in place prior to the effective
date of the a9reement, and any additional costs (abcve the $4.39
included in the disposal fee) fer lining the disposal facility.
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Ho'Wever, the City 'Will be responsible for costs incurred as a
res".Jlt of changes to current local, state and federal legislation
and future regulatory requirement pass-througns. The costs tc
the city wjll be proportional to the a~ount of the City waste as
a fractior. of total waste landfil1ed at the faciliti~, amortized
over the balance of the term of the agreement. WMI must provide
the City ~ith sufficient proof that the work must be performed
and the estimated cost of the work to be performed. Based on
this infGrmation, the disposal fee will be adjusted to pay for
the City's portion of the 'Work. Subsequently, if actual costs
for the ~ork are less than the estimated amount, the disposal fee
~ill be adjusted accordingly.
a CAPACITY
Staff has negotiated capacity at Kirby Canyon for 28 years of
disposal based on projections included in the City of Palo Alto's
AS 939 Source Reduction and Recycliilg Ele1'!1ent. Tnis capacity
takes into account the net tonnage for disposal after l-ec)'clabl~
materials have bee~ re~oved at the Transfer St~tion, as ~eil as
materi~ls removed in Palo Alto's source-separated recycling
programs. Sta~f ~ill continue to ope~ate the Palo Alto Landfill
and dispose of approximately one-third of the City's annual waste
stream until capacity is reached (estimated revised closing date:
~024) •
The original letter of intent did not include a "put or pay"
pr~vision which required a city to pay for space requested but
!"lot used. As a result of dimin.ishing landfill capacity in
Santa clara County, as ~ell as other counties nearbl~' l<.'MI wanted
each of the Cities under their individual agree~ents to provide
a guarantee on the minimum and maximum amounts of refuse to be
reserved over the 30-year period. By guaranteeing a specified
amount of capacity, WMI can market the unallocated portions of
the site to other jurisdictions seeking long-term capacity.
Staff negotiated for a range in-lieY of ~ fixed number of ton~
each year~ which minimizes the provision to "put or pay." Under
all of the ~"Ml a~ree:-:-.ents .. each of t.he Cities is required to
d21i ..... er a miniIllum of 75 percent of its requested ann'J.al
alloc.ation quantity, or pay the difference between delivery and
75 percent. Each of the Cities also may deliver up to 110
percent of the requested annual allocation ~itholJt incurring a
higher fee. If a city delivers less than 75 percent, it is
required to pay the disposal fee (bilt not the taxes) for 75
percent; however, capacity paid for ~ould be Mbanked" for future
use. If at the time ?II city uses the banked capacity the disposal
fee has increased. the city ~ould pay the difference. If more
than 110 percent of allocation is delivered, a higher fee for
disposal ($24.63 versus $21.99) lJould be paid for the excess
quantity, plus taxes and fees. The Cities also may adjust their
individual allocation quantities up to ten percent in year 10 of
the contract and again in year 20 to revise quantities reserved.
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Under all of the WMI agreements I each of the Cities may freel:,.
transfer excess allocated qU3ntity among themselves, and may
transfer all or a portion of their individual annual aggregate
allocatior~ t.o any municipal ccrporativn. H01o.'eVer, all refuse
capacity sold or transferred by any of the Cities l'l',\Jst be
processed through the Transfer Station.
• EXTENSION OPTION
The agreement includes a possible option of an addi tiona! 10
years disposal capacity, but the option is or.ly available if WMI
is able to extend its existing lease of Kirby Canyon by an
additional 10 years.
Material Recovery/Transfer Station __ Me.n",orandur!1 of Und,§,rstanding
sunnyvale's agreement with WMI stat~s that Sunnyvale will continue
to negotiate with WMI until December 31. 1991 for the design,
construction, an~ operation of the Trar.sfer Station. If a
satisfactory agreerr.ent cannot be neqotiated by that date, Sunnyvale
will iss'Je an invitation to bidders to des ign, construct, and
operate the Transfer Station~ Sunnyvale'S agreement speciTies that
the Transfer Station 'Will be const!'ucted and operational (to
deliver waste to Kirby canyon) by July 1, 1993 ~ Sunnyvale,
Mountain view and Palo Alto staff have negotiated a proposed MOU
{Attachment C) t which is intenc!ed to supple1!1ent the individual
agreements between each city and WMI for disposal capacity at ~irby
Canyon.. The Jll!OU addresses the relatior,ship among each of the
Cities in connection with the WMI agreements. and between each city
and the operator of the Transfer station to be built in Sunnyvale~
The proposed MOU anticipates that on or before october 15, 1991,
each city ~ill have executed its separate agreement ~ith ~I, to
deliver solid waste throligh the Transfer Static-I"!. to the Kirby
Canyon Landfill from 1993-2021~
The proposed MOU addresses specific respor.sibilities of each city,
including:
• The te~ms under which WMI or another party would construct and
operate the Transfer station. SunnyvClile will be solely
responsible for deciding whether tc enter into an agreement with
'WMI t.hrough the negotiating process, or to request bids for
construction and operation of the Tra:1sfer Station by WMI or
another bidder ~
• sunnyvale ~ill require that the Tr~nsfer Station be constructed
in the same manner in all materi,a1 respects (e.g .• location.
size, through put capacity) as that described in the final
Environmental Impact Report (EIR) on the Transfer station
approved by Sunnyvale in September 199D.
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• Each city agrees to delivery of mun~cipal solid waste to the
Trii!.nsfer Station in sUfficient quantity so that 15 percent of
each city's annual allocation qlJ-3.ntity .... il1 be delive.red to Kirby
canyon for disposal. The MOU also includes a description of the
fOrInul.~. that .. ill be used to calculate respcnsibil i ty for pa)'IH~nt
if any or all the cities fall bela ... 75 percent or exceed 110
percent of their annual 3110cated quantity.
• E~ch city agrees to pay to Sun~yval€ or to the operator of the
~ransfer Station the tipping fee due Sunnyvale for each city's
use of the Transfer station and the disposal fee (plus applicable
ta)Ces and fe~s) due under each city' 5 agreement lJi th WMI.
Sunn~~ale or the Transfer Station operator will then pay WMI on
behalf of Palo Alto and the other Cities.
• The City of Sunnyvale owns the property on which the Transfer
Station is to be built~ In order to carr.pensate for the value of
the land and to mitigate the impacts of the Transfer Station,
Mountain View and Palo 1&.1 to will pay to Sunnyva) e (or to the
operator of the Transfer Station) a host fee for use of the
Transfer Station. The host fee ltilll be $2.28 per ton of
municipal solid waste deliverp.d to the Transfer s~ation. The
hC'5t fee will be adjusted as of July 1, 1992 .. ana annually
thereafter to reflect inflation.
• Each city will comply ~ith tr.e Hazardous Wast:e Exclusion Program
to be adopted by the operator or the Transfer Station~
• Each city .i11 appoint one staff person to represent their city
to coordinate in the imple~entation of the MOU, and the parallel
agreements 'IIIith WMI and t,he operator of the Transfer Station~
• The term of the MOU is for 30 years and ~ay be amended only vith
the consent of all the Cities.
Environmental Impact Assessment
The project before Council consists of the City of Pale Alto
entering into two agreements, one for disposal of a portion of Palo
Alto's e:olid waste at the Kirby Canyon Landfill, aT1d the second for
the three-city MO~ for use of the Transfer Station to be located in
Sunnyvale (the Project) ~ The environnental impacts from the use of
these facilities have been addressed in t .... o previously adopted
ErRs. 'I'he Kirby Canyon Sanitary Landfill final ErR ... ·as approved
and certified by the city of San Jose on December 20, 1983. The
final EIR for the Transfer Station was approved and certified by
the City of Sunnyvale on September 25 .. 1990~ (A complete set of
al.l of these documents is available fer Cour.cil c.fjd public review
8:00 a.m~ to 4:00 p.m., Monday through Friday, at the Public Works
DepaTt~ent counter, 6tn floor Civic Center.}
The City is considered a responsible agency for purposes of the
California Environmental Quality Act (CEQA) in connection with the
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Kirby Canyon and the Transfer Station projects. The city Council
must consider the information conta ined in the t .... 'o EIRs (San Jos~
and Sunnyvale) ~nd make findings related to each of those
projects' significant effects prio~ to approving the ProjEct (i.e.,
the ~"'MI agreement and the MOU). A summary of the significant
environmental impacts, mitigation measures and enviromne::1tal
findings requ:Lced for the projects is contained in the attached
resolution for t1le Kirby Canyon Landfill and the motion for the
Transfer station, as adopted by the cities of San Jose and
SunnyvalE, respectively (Attachment A).
staff has reviewed the t~o EIRs, in vie~ of the potential impacts
associated with the Project in Palo Alto. currently, refuse
collection vehicles use Embarcadero Road, San Antonio Road, and
East Bayshore Road to reach the Palo Alto landfill. Unde.r the
Proje.ct, some of those vehicles ...... i1l travel on State high"Way 101
nine miles south to the Transfer Station located in SunnY'rlale.
Palo .... lto's refuse "Will be processed for recyclables and the
residual solid 'Waste 'Will be transferred to la.rger trucks for
land,tilling at the Kirby Canyon site. Th~ :Kirby Canj'on M.ndfill is
currently permitted to accept 24 million tons of solid waste; Palo
Alto's refuse will use approxim~tely 1.5 million tons (6.~5
percent) of available capacity. Remaining capacity at the Palo
Alto landfill ,",ill be extended from 1999 to 2024. Staff has
determined there are no additional environmental impacts as a
result of the Projec'.:. -which ,jere not adciressed in the two ErRs.
Staff therefore recommends that council adopt the city of San
Jose's and the City of Sunnyvale's findings and statements of
overriding considerations provided as Attachment A to this report.
Impacts on Refuse Rates
It is City policy that the Refuse Fund be ope4ated on a breakeven
basis, inclucing all costs related to solid "W"aste. In 1989
(CMR:285:9), the public Works and Finance Departments revie ..... ed
obligations for the Refuse Fund and made. a five-year projeo.ction for
refuse rate increa~es required to ~eet obligations. At that time,
staff projected rate increases of:
1989-90
36\
Actual rate increases were:
36\ 0\ 30%
1992-93
8\
NIl>. NIl>.
since 1989. additional e.xpenses and programs have been added to the
Refuse Fund obligations. These. include closure/post-closure
maintena~ce reserve (State mandate); AB 939 recycling programs
(state mal"'!.date); increased ta>!"es on landfilled "W"astes (Eastin Bill l
Sher Bill) for State solid waste programs; increased fees to Santa
Clara County for inspection and long-term solid waste planning; and
increases to city and PASCO programs.
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Attachment 0 to this r:eport is a proj e;:;tion of Refuse Fund
obligations and rate l.ncreases throlJ,gh FY 2000-2001. The
attachment also shows the effect on the residential two-car. rate as
e result of increased refuse costs and ratE increases. The actual
rate increases vil1 !::Ie determined each year during the budget
process.
sumrns:ry
In 1987, only two firms ~ere able to respond to the conditions in
the City's proposal f.e:!' 31) years of disposal capacity. Council
authoriled staff to neqotiate with WMI. Currently. WM! is the only
firm o~ni~q a landfill in Santa Clara County that can provide at
least 28 years of disposaJ capacity.
Staff 'Will retu.rn to council at a later date with a separate
agreem~nt concerning tha City of Palo Alto's intended use of the
Transfer station in Sunnyvale.
ReCOmmendations
Staff recommends that Council~
1. Adopt the City of San Jose and city of Sur.nyvale's findings
and statements of overriding considerations for the Kirby
Canyon Landfill and the Sunnyvale 'Transfer Station,. 'With
respect to the City of Palo Alto's participation in the
attached agreement ~ith WMI and the attached ~ou bet~een the
participating cities, by makinq the follo~ing findings:
The palo Alto City Coun.cil has reviewed and considered the
in£ormation contained l.n the ErRs for the Kirby Canyon
Landfill (which 'Was certifie~ by t~e lea1 agency on Decenber
20,. 1983) and the. Sunnyvale Transfer Station (which 'Was
certified by the lead agencies on September 25, 1990}. The
lead agencies lI1ade findings and statements of overriding
considerations for both of those projects as sho~n in
Attachment A to this report, ~hich is attached hereto and ~ade
a part hereof by this reference. The council, as a
re.sponsib1e. agency for those projects, hereby adopts both lead
agencies' findings and statements of overriding
considerations. The Council £urther finds that no additional
environmental impacts to the City of Palo Alto will result
from the project before the Council, i.e.~ the City's
agreement with WMI and the MOU hetwee;'l the Cities. In
addition, the council finds that no circumstances or
conditions relating to the Project have changed since both the
lead agencies' determinations and, accordingly, supplemental
or subsequent environmental revieW' is not required.
2. Approve and authorize. the Mayor to execute the attached
agreement with Waste Management, Inc. for 28-year solid ~aste
disposal capacity at Kirby canyon; and
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3. Approve and authorize the City Manager to execute the attached
Memorandum of Understanding conce.rning the City/s relationship
~ith Sun~yvale and Mountain Vie~ in connection with the use of
the Transfer Station a~d the Kirby Canyon Landfill for solid
waste disposal.
4. Authorize the City Manag~r to approve minor changes in the
Matilorandum of Understanding', as may be r.~eded to imple!!lent the
Project.
Respectfully sub~itted,
MICHAEL H. MILLER
Deputy Director, Public Works Operations
QfoVJjJ£J~
DAVID G. ADAMS
Director of Public Works
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WI LL AM ZANER
City .anaqer
Attachments: A -Environmental Findings
B Agreement
C -Memorandum of Understanding
D -Refuse Rate Forecast
cc: City of Sunnyvale
City of Mountain View
Waste Manageme~t, Inc.
Related CMRs: 468:7; 299:8; 295:8: 241:8
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HSOlUTIOI' OF T~E ClTY caU/:CIl OF S.~:I JOSE H;.~;r:G C(~T'l"
flilOl/lGS RECUlRED BY THE GkLlfO~,'!A H1lRO"'EI'TI,l QUi,LITY
ACT 11~ COWJECTlCi ~'nH A P~OJECl CC!lSl.SIWG CF lH~ P;';;L~,!3
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acres for ~ s~"it;:ry ]a!".j.fill. (Fi Ie ji~. fCC e:-S-4C). her-ej~aft~r r~ferr.ed. ::..a
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cO:::,;Jlete bJ th~ City of San .. l~se P1C!!'l:'ling Cc::c."':1is.sicr: C':"I Se;;::e::-:)er H, lSEJ; ~j'"~
k!-!i;::E,;,s .. t!i,;: Ci ty Co:.; •. cil of trl~ City of San J052' is t"e c'.:dsic;;-:-,~~.ir;
be':.! for' rac;ni:1g: iln6 pr~zc."1j.r:,g of apprc'xi:::c:.tt"1y 627 l::res Ci", t~:: c.;!st sic~ cf
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l.'Ii£llEJ.S. thf.s Council does hereby certify tMt IS • ceclsfon-~"kln; body.
"-ft bas CO:'lsf~ered and' i!.pprovs-d' the ir.rcrt>laUan contained in such [IR prior to
I:-tfng upon 01'" appr~v1"9 SU'c:h projett ..
IlOll THERefORE. TP.E COU!;CIL ODES H£IlEBY "'~. tn. followfng findings ,;ith
rl!speet t,., the s.isnif~coi:nt effects en t~~ l'llvir"on:-.£nt of such project .as
identified in tf1e l1erelr,toefore t'1e:'1tior.ed EIR:
1. A. HlPACT: Lccatio.l.of the project in en c:rea of poterltial Sfi's:r.ie
~c;:ti""it.y.
b. HITJGATIOS CR ':'\lu10;'I;CE:. • I:atur.al bec!rcck conditfons te!'lfath He
proj~t sit.e \jill attenuate gr()cl1d t:otSon fro:;! ,an e~rtl'lc:u.:.l:.e"
c •. flrmUiG: 'The rliltcral conditions of the site reducE' tf:is potential
rrcble.c to a1\ ~cce.ptab' e level of risk~
2.. i. lr-lP:"CT:" t'oterlti"c:1 ir.t;ect on grol..'nd "''ater frtl;:l cert-o:; ~iC'xiC'e 01'"
leachate if the sz:nftary lzr.dfill is not .,ro~~r!y C;~sis;r.eC! and
operated ..
b .. }j)n~A.TIo:J OR IS0I:::;.!.I~CE: lCipl er:::;!r.taticn of Cfrtain t!esl~r1
Chirl.cterfstic:s ,e,.id' cperat10nal ac:tfW'itie.s I:S. ~rcpo.sed .. ir::ludi'n,g:
o Gr-aciir.g of the-lar.dfill $urface ar.d inst~1htic" of ~r~il"ia~e
facil ities to r~~;cn'y re!:'.o\'! $urf.ace \la~er f1 t::u frc:J tt:e
lan~fil1. thereby clni~i2i~3 percolation znd res~lt;ng leachate
pr.cduc:tiC!n ..
C . Construct'icn of hycr.au' iC' b,err~E:l"s lTij le~chate ~onitcri':-.9 lnd
control fii:c:il ities at th~ lo ... ·~r End of tl':! car.:,'cns as a
cor.titlser.c-y r;1<:~S!:re.
c f-;::l::itorin.9 of C:ovnstrE-2~ Sr-OU,'d "at~r I.ith "'-ens t;7.1 ~·r.swl"'e ttie
int-egrity of Ue ttydra..rlic terriers ar.:j leccf:~te r:::=i1'lito'''ir.g er.:!
cont!"'''' facfl ities~
o Ccr.;p1 i~r.ce \.'ith re;t.:' atior.s ar.d' stano'u-d::. cf t!'::e Si:n frz: .... cist:C>
Ec:y r.e;ior.al I.'~ter C.:..:eHty Contr01 Etier\l i!:;d" t!".~ Siinta C.laro!
\'~11£y te.~er ~is':.rict.
o !n:!;ul1c:tion c:f ur.C:'!:rC::rclr,s to c!r~'i" Ui:J s:.rir,~s r.ot r£::""~\'eCl 'c:t
so~ 1 cO\'t:r [Y.ci. ... ·Hlor:.
c. FJI:O!l;G: lilt' ,:-oj"ct. t:; ~r{);o~('d'. ir,c'~"t~ t(Cl.dc;.!,.;..;s, i.!'_:!
IlrtCfdu:'"c-s to rt:C'~ce :"his ~utLMic.l lr:1~cCt to c:n i!cc£;;t':::'r!J lc:·'.el. (')
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3. I. ll:PAC!: Pete-r-till increases Hl erosion ilr.d ,or.-:';)I'J)t:.HI,"" Of st.;r.".JCC
'Water from cant~ct 'With refuse.
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b. iii TlGATIOIl oa kV010.~i:CE: Con, true t! or. of ~r.! n. S. ir,pro,,,,,.,, t. to
cUrec:t surface 'h'aters away fror;\ refuse-eH ~P05i!!) o~erations.
P.evfgttat!C1I1 cf lar.dff11 Gnd ext:a'/ation areos .. es soon as fc;:sible.
Con.S'truc:trcr, of scdir.::entat1on bas.ins .at ttl! lO\oler end of th! dr,dr:-c:!9~
ccurs'!S to relto .... e-seilirner.t rro~ the storm r!Jnorr pdor to dis~t,arse
fro" t~e project .lte.
Co~p1ii!:r.ce ).'ith rEgulations zr.d: st.ar.dards or tt.~ S:ln FriS'.ci's.-:o E2!J
Eegfon~' \:~ter 'G,:.u.lity Control Beard n.d the Santa Clara. "alley !.later
District...
'c. FHmUG.: The-projec:t~ tis, pr.ot'osed .. inc:luofs tectmlq:tJes. and
procedu'(~$_ to reduce t~.ls potential ir.:pact to en accl!,Ptab1 e le'/e-1.
4.. aa IHPJ.CT:. "£1 lr.1i'na:!lon .of the annull S!::rp~nt'n:e flora in t~~ areit of
ttle sanitary lar.c.nn a.nd a~s.oc1a.t.!"d ir.l~r"'OlIefi;ents .. u,~ \ntro-=~::ticn
of r.eW' nat.ive-anc1 non.."athe species.
b. IIITlEATlOfl oa AVCIDJJ:c£: As proposed. tr.. project .. ill prepare.
reveg~taticn plan and ut'date it peric<lfcall.v thro~S~ t)'.e-1if~ti;:;e-of
ttl! project; and reve~etatt· ffll areas by p1anting ~JI~r~)riate r.ztive
tree. shr-ub. and" ST'lSS. species. ..
t'... FHIOH;·G: The prc!ect • .as p,..o~csedl inc' uc!es 101:.:.s:..res to tllr.i~fze tJ:C!
effec.ts' of th1s ic:p~t a.r.d rfcit.:::e it t~ an acce~tCi'ble ieveT.
5... ..... Ul'ACT:. ·Loss of i!.11 the Ht_ r.~i1tcl'\ th'fstle 1n tI":~ landfill areas.
b. ~HTIGATIOU C;:t AVClD:.J:CE: Preservation by re.zonir.g a-n:!lcT" ~e2'd
restrictions. of .s~,dta::'le Ht .. Ht::niltort thistle lla!l'itat off-sit~ en
adjacent l.ar,d:s:.. Thl:'> area can be c.or.-,bir.ed , .. itl1. t"".~ preservatio;"l a re.l:
for th~ Bay chec~~rspct butterfly.
The appl1cen: \:;11 explore esU'blis!""J:'2.nt of fr.;rtM:i Ht: nt::::HtCln
.thistle ha~ltat C~ r.earby Parklands.
c. FH!D~1;G: He pr-oject. as ~ro;c-sed. i"r.d t,;C'es. rl;l:s!.:res to c.1:-:i.::liz! t"'.~
effects. of tnlS i'c:)ac:t and red~ce it to z:n Gcce~tab1e 1e.'~'.
6. a. n;'p;.CT: loss. of t~J c.t;cci.:erspot butter:'l 'ies. c!~e to :,~.e eii::lir.~tic~
of the anil1.'al S;rpntire (10ra4
b, ~:"~TJAl ,,!nlG;'11~:~ O~ Ai'OlD;"!;C£~ The ~roject ir.::' 1Jc'~s l .'zr'ie::,y of
rle .. sIJr"C's !o r;ini:Ji2e th~ d''is1"L,~tion i:!n~ t1~oitat 10S5.
Th~ ;;~,;l1icar;!. uill ~rc'",iC'e Ee'll nN;:cr5~ot Eutterfiy h·:~it3t of( site
on tdj~cc~t ll:~~s: t~~ ~abitat pr~ser~ed "ill te the e~~~¥~l~nt in
ireil .}nd Cl.va,1ity d V,at lost. 1ft;S irc~ tan t:-.:-cc::-.tlir,c~ vi::.l. U',e
presC'n'atic;1 an.'a .lor tt.~ hL Hc.~.lItcn tilist1e~
PDC83-05-40
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In .ddltion. the Ippl1c.nt "Ill: ·57131
o Allo~ entomolos\sts tr.e rfsht or entr.Y to collE,t Bay Checlarspct
sutterfly (!99~ and lar'l.'ae-annually ii'S the sanitary lcndffll
proceeds .. r~r trll1splailtin,g to the b,o prell"tou,51y ~xtirpa':.cd
santa Cliilra C01Jn.ty locations in u~as Caoj'otl and lot c.o,J'ote
P.e,$!'r'Vo1r.. '
c Prepare an on-going Bzy ct:.ect::ers;::ot butte:-fl,y t.z:bltat £,'.i1r:a.s:e::ent
plan to c.ontinue for the 1 ffeti::l~ of the project. Update Voe
plan as further information and experience is sain~d and ~repJre
re~(lrts in conjun~tion with cUe-r lar.Mill re;:~rti!".g re~!J1!"!'rtE:nts ..
c 1.11001 periodic review by a' (;uaHfied biologist of the SJy
ct::~ckel"s-pct butterfly h::=bitat in ac:cord:anc.e .. it11 t:'e hz:~iti!t
E'l~na9Hler.t plan ..
o .Provi<!~ fc:r-futuM!' stuC;fi"S ~y iI <l,ua1ffied ento.::olcght to stu'-'.y
~nd deten::linit critica.l '6~y cl'1eckerspct he-bl tat z.reas lS t..-'!,Y
relate-to t~ san:itary landfill pilasing plan; ',r.c.orpcratiI;OOI of
t.t.e results into the Say Ch;ecterspot tlana;t'r.lent plan for" t~.:zi,',;
the but:terfly transphntln~ .. ith tJ1e developi:lent Df tJ'.e sanitary
landfill lOll t:e. G:one .. as \,'ill con.tir.uation Df catt1e 9raz.:ing
\.'here feastble-0" ~rns not under <l'i!VelCpl,lent res srazed ion
S~riTlg. ·1983] during the S;,rir.g loin dflc\oo'2r 'blao::dTl"g p=riC'~ to
E!aintairr t!Je Bay che:cl::e~ot habitat [tear optic::WJ levels.
Tht cleveloper \/ill tontact at!jac:ant landoh'~'!ers. f~.:hidi:-:~ ceI. tc
sU9S!:!:st cattl! grazing in the S;;rios:ti::l:! at lEvels. to ~eroit c)ticlt.-:'I
level~ of the-e~'y chec:kerspot llvtterfly ha~itat. anC: ioiill r!'!SEr/e a
sC'.al1 .area"'of land C:1 t:-:e c:ol:?leted s,e:11ti!lrjl' la.n~fil1 for
e-n-:'c~tcgfci!.l and botanica.l e.x'pEri,,",entatio"J on the re-esta~l jsr.::~nt
of h~~iUt...
c. OYEr.7.IDll'G CCUSIOt:r .. IHIOliS:. The c.o!;nty Solid io:ast~ .:anc:;e:::i:nt PIal'1
u;d reports fssl.'ed tly t~e State Sol 'itS '-'aste ~ja.na'S~!nt 5cerd s'!';cw th~
~eed for additional long te~ ~~~it~~ landfill c~paC:ltl 'in t~~
reslor'... The Cfty of San Jose·s Gener~l Plz:n identifies. a pat!.ern of
STO'r{t~ and :>rolj;slcn of I!rban s!:r'll"ices: 'hhidl "'ill n2cessit~::~
ac'::it1'onal lcn:;-tem sa:'lH~ry lar,dfill c.?:;Ja'City.. .
'In t2rticulc!*. the r-ei!SO~S '.1'111'c/'; r.ecfSsita'::e an c.C'd;tit:1~l li!,1::l:fill
site are det.ailed in the "Sol {o: ',..'aste J-',:;.naS~:;:~r.t 0; s;:.osz:l S1t2'
F.e~cr-t" to tllis CCI.,;:-,ci.l fn;.:> U-.;: D:p~r:';::nt of Private ~="=-lc-;::::ent i:'1.
Ccto~.?t" lS&1. \Ihicn is ir.ccr;t'o:""";:!:-ed by r-efere~r:e-into tt;s~ their.;s.
[(.,:mcr:lk c:cnsicier3tior;s. relate:! to t~i!' City's tesire to p:-c"o'ic!
Tea~cnably priced: \:a.st~ cis;>:);;21 senders to its citi!e~s. is eiso an
ir.:;:oi*tant f,ector in ap~rc .... ing this prcje;:t. 1r.~ necess;i"t.Y cf ~nJth2'r
waste I!fsposal sHe in fr1'prcviTl~ t!<e: City's bolrSi!lnlrg p:jsiti:l.' is
dccL!-::~nted' 1"n U'.e l~Sl Fri'll3te [:~.elc)~!'!nt report n~·fHE:nc<:~ ,~ove-..
ar'le= in 'the Hal re;J::lrt 'p,.e'pare~ t-y S::1 entitlE-d "5011:: .... Hte
.;u . .::~o;r::ent AltC"r-nati\'cs for"' tl;e City of Sc::n J;.~c'", ilr:j als.Q
i r.cGrpcr-ated into th-:-sc fj!1:Hr.~s tlj r~ferer.:C'.
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~ Clt,y's ~.ht1r.g ltnMll1 ,He It ~,.,lJjI Ish"d f' in 00 ,;e> or
eOcL~nted concern by several penmittfng e~ent~cs In~ ha~ ~~~~irar.ce~
cli.ffh;~ltf~s fn the put r~c~ tvtng perClits. t;C\,'::',Y h1and. prisen'"Jy.
is only ~er:.l1tte-d for five yean. t:hfch leil\;C'$ fi.Jture ;:lisposi tion cf
~ Cfty's 1an~fj 11 need. In dc"~t.
It>e 'C1tJ' Counei 1 ~as ad()pted Gfr.er.l Plan pol fefes .. I'.i'cr. eO':col.lraS~
filtl.lr-e hndfi11 .sites. in rer..ate canyons to Cllnir.'lize 1~p.acts. on
e:cis:tfn,9 and planned urbanization ,and: nOld e~.Y1ar.~$. This pro~os~l
is also cc:,;patible ,.:ith relei.·ant polides ad'o.pte~ bJ :"s;.G fer tt.e
reg:l{Jn.
d. fWDII:G: In vie.: of t:le tHy's nt~d for future 1tn.~nll c~;:z::.:ity to
s~~port e~ist{ns ar.~ planned urb~~ uses. and fn t~at t~is project
will tz1.:e ever-y avai1,abli! prec61.'tion to er.lJar.ce ii~d protect tf:!
ECOSyst~~.s in the ~irby Caroi";} ,erEa. the di.src~tfon and eli=,~r.o1tiC'".,
cf tt.P. species and: r.aboitats "iii;C;) C:iMot be a~oiG'~d or Cliti~G.':.ed as
dccc:::ented 'in su~sectfon. e(b) ibo','e. \lill be tol~rated a5 .all'
eC:tE,pUble 1 evel C'f it;pac:t. '.
'!. lJ·;;'C.T: The projcc:t wi'l inc1 ~r:t the fol1c,:ir:g: le5s cf
creek.sidejaq.uatic:' \.'ildli:fe hobitet: te:;;porary les5 of sold'e,' e~~le
c:nd ct~er' ra,tcr fcr~;L-,.9 habitat; loss Cof I::lsration pl.tl:;;i!';'S fer
lrBd1ife: f:r.d potential for i!:\'ia., (Hscl3s~s aftectirlg 1,'.!terfc;·;l
utilizing the sedii:'~nte:ti'ci1 ~asin ..
b .. f;:~Ti;J. !tITlGATIC:1 OR J.,\'CIDJJ:CE: TM operator IInl anCH ri~~lt of
Entry to ~:Ja1ified bfclo)!1.sts u~~ 'Uill capture (Jr releose re:~-lcs.;eo'
frtgs (and/or t!':;:,oles] to oH,er suitab~: ha~itat; ~'ill ~c(lit::lr t,"-,c.
5e~i=-ent catch basins. fer' ,,:aterfowl that C'!i!y ha~'e cc·r.!.riict!:.j " .... it:n
bottl lSiII. arid l"r~:l~! f~l~ sL:t..s.e!;t.!€:t rEr.:o .... c.l b~1 t!i~ !a:'"t Fr~:;ciscQ B;!,Y
~a Bird Conserveto~.
c. ~\'rp..~lDU;!i CC:~Slr:~AATICI;S: The County $01 id' ~~astl! F,c:nose-1'l"er;t Plu
lin! reports issued ~ the State Solid ~!l:s.te FaM~e.;.:e;1t t:oad 5110'04 tl;~
lIud for aC:d:itior..al ler;g tertl' senital")' lar.dfil1 ti!pa.cfty io V.e
1't£10:1. 7he City of Sarl Jo:se·s Ger,eral P1En iGcntifics a p~t,,::ern c,
!iTO\ .. it~ a.r.d pr-ovisicn of Lrr~.1n sH't'ices. t,.:-.ich will rH,:ce55jt3~~
i!c!jitional long-ter.::l s1!nit.ny l,al1~fll1 cS.i;:dty.
'llle City's ~;,d~tir..;' l,!'\c~jn ~it(' H l,'oE':""'t:I.Y Is'o!~,.:! is if. til HP" (.:i
c!cCL::':';E~ted' c-c~cern t;.y sE".'eral ~er-::1ittir.g t.scnci('5 ~r.C t.H u;cricnced
C:1tficult'ies in" tt-,e ~~st rec(1l1ir,g p('rr:'j~B. t>el;!'!j lslilr.::!. rTe~rntly.
is enl.)" per::-:ittcd fer f!\"e )"Ci:!rs. ~,);ict1 1c~ ... ""s f"tu:-~ dis.;.njUcrl Cir
tr.e City·s 1 and!"ill flEeG:s in t:\Jw~t.
H.e City Cour.dl tl.:s c:ccptcd c;-:::r.Hc.l ~le;"t p:Jlfdcs \.;Ii,:-, c."',cci.:r.:.~~
fU:"L!re li!:~fll1 sHcs in rc~:::tE-C.in;:on.s; to r;,inir:lize ir""tJi!lc:lS c;n
e%~sting U,Q pl~~:-.:,j ur:'~nizi'ltj'o:1: lrld C:';"jd Ei!'yl.:.nc~. ln~", ;-rc-;:':lH'
15 i!l!:o CC,'7.",;~tit;le \,,~t:, I'cle\'or.t S;oii'ic~ .::c',...;~cj to; ;~;,,~ fc-r tJ~
r"'S;Cin.
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1ft ~!.w or the Ci\l's need rer rut"'. 1.ndf111 ,,),elty to SUv?ort
.. hUnp 004 planned u,ba" uses. ar.~ in tIIat tMs proJeot 'Ii 11 t,t.
tnt')' ivai :able fl"E'(:auticn to ert~ilnce lind protect the ecosyste.c:::s in
the K.irby C.n.:t0:1 area" thE G'hru,tion. and r1i:,.j'~,a\1on ef t~e sllecfes:
trod h~t,,{uts ""!Iien cannot be I\'or<!e~ or DHi,;ated "'ill ~e tolcl"C't!!:d'
~1 In ~ccept~ble le~el of 1e~ect.
111 pilrtfcular-. th~ re,:scns ~"icll 1l2Ce~srt~t~ tn l:G'G'itiC':'l.a1 landf1ll
sft4:!' aT! detailed in the ·Solid l!aste ~~nager::ent Disposal Si~e
P,('!port-to this Council froiil the Dep:~rtr.lent of P('i~'ate l:2'Ielo?i:!ent ;'''1
Cctober 1981. ",'Men is {n:orpora:ted by referer.ce into t1':Be fin:1i~~s ..
(cor.o~ic consit:erations related to trJe City's ~e.s;re to prod~e
nasonaoly priced 'kaste dis,:;s~l s.er',icE5 tc. its cit{zens is ch~ i!1l'
frportant f~ctor in epprovin~ this project. The r.~cessitl of er.o:ner
t:ute dispoal site in k~rovi'r.g the City's bi!r:;afnll".:; ,""o.sitfCrl 11
dCC:l:oe-nted in tt~e lSBl Prnate De\'elopi.;~nt report referenced o?~o'/e"
and in the lS82 report prepared b~ Sal entitl~d ·~o1id ~aste
J:.ana!j~"t Altemathes for tj-,e City of oS!n Jose". ar;d als.o
intc:rporeted' into theS!. f"l n1i r.gs by r~f£rer.:e.
V'..l..U..l..
do. flt:DH:G: In 'Vi'ew of tile Cit,y's r.eed fer future-hnaill Ct,i!citl to
sU,?ort e,dstin,g c:nd' plan!'led. l,irbar; uses" i!r;d, in th~t thl's proJect
"ili ta~e·ever'y ,2uihb1e precautien to cnf;<ir-ce i:r.d prot-ect the-.
ECOS:r$t~ in t1".!' Kirby Canyon erea# Hie d'isrt.:;rtic,"l .a:'1d' tHi:-:in.!tia"
()f the species l;r.d habitats ":,'11ell carmot tf a~'::lfc·e::' or r,itiscted' oilS 0
d'~~nted in sL£bsection 7(b) ,jIbo'le" ""111 be-tclerC!~ed .as en ~
2ccepu~le leve1 of i::~cct.
~. .a. li:P:'CT: The proje~t. \:i11 c~an$e tt.e-\'lEI-I Gf tr;e h'il l.si~~ site "lith
the ir;ple~nti!.ticn of seniti!.T'y li!ndfl1l o"erttiG.'ls c:.,d tr.e
ccnstn.u:tlM cf lsscciated ir.;!,"O~·'!i.E."i':. C::~d ... 111 ir.:lud'e s:~'niflClint
leng t!r.:J al teratiotl of tile projEct .s ite top~srl~hJ.
b. P;.itTlAl 11111GAiiQU OR I.VOltl,:J;CE: The prc'pos~l inc:1 t;~~s a \I.!!ric-tj of
cperi!-tiQon.!l and c:'e-sfsn fcoatures to tllrdr.:iu VIe: v)s:.!.al l;:oj Lestbetic
~~c:ct of the pTDject~ ir.clt:::ir.,9 tJje follc ... ·lr.:~ iter;s:
D T;evegE'tetfc:'l of the lc:r:-:!fnl i!:r;d eXcH~ti'c>_, i!r-ee:s as e.::r-ly c:s
pos~H:·l<.' to !:l1e.,d 'ri;~r, Uri:' s"'rrc:,;~Cir.s c:r-t'a.
D Ccntol.lrir.g of tr.e san~t~r'y lc:n'j,fnl ar.C: cut .en':S in1 slcpe.s ~1Gj):J
tr1e haul rf'e.d to t-lend t:itn the !"tilturcJl ~~rr~in coS t;1.:-:h .as
poss.ib1e.
o F.e\'e-s~tatiC1.' of the Sr-ece=r.! .er.eas a1or.s V!:! 2ceHS rcad.
o Oesign end 1en:1scc:ping <;rauild t1'1e ~iater-stor.;:~e t.a::~; ... to ~ir.i",f.:C'
'their \'islJal jr;-,~ect ..
o Pain!.in~ tJ",~ l."cter storc;:e tHl:s to b~(~~ \li~I' Fe sl.·!'"rcc:~·":irl
crea ..
o Laeat;Il" of V.co rai:-:~~:"!a:":ct f.::cilHy at ~ le."cr cJc • .:.tic:1. i:1 "."I
lr1?'a sc:rECr.ed (,-.orJ .... ie-.: frG"1 tj,c ne>.l irCi"Jy C~.Q t~~ \'~ll(y Oeer ..
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o~.;.I\VoI4.0~ Clln.!"lze t~. use of 1 isht. en the "?per ne. of tho
pro~~;:t .. ~s.~;~~~:; ~'y . ~~~~'~"f:":~·":.~~l.r.:-:;:. ,"'":: .. ', .,::
o Initiation of I recovel)' pro gr." ulth • 9001 to rcduo. tt,. '!r.Ount
ct' \lute recet\'~d' at the!' s.lte by 25:~ P".e rcco· .. er,y progr-clJ cOl,jld
iilc:lude & c~::htnatton c! recycling an~ cc:::,csting.
D rnasin'g of tt:! ,project, lIS proposed .. \Jill lccalize the area of
visual i~pact... f"t ailY poi"nt in tir.e. t1".f truck tcrtJ,;nal.
~aterial stcct,ne. and: tcti've \lorHr.g ftee .... ill cO!1stitute I
very srJall frac.tion of ttJe project area.
D An open space lluffer z.cr.e is sholm c:e~'etely surrounding the
site.
o The' l,z .. dfill ~c:tfvity itse1f \Jill res;ect tt.! :1a.t~ral ridgel ine ..
recogj1izing tl':at the r1~ge a.cts as. a: 'Visual bacj;:~rc, to tt.1!
canyons.
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c. OVERRIOU!G CC!lSlDERATICI:: for t!":e reasons s~ted a'tlo'(!. (unc~er t..'o .. 60
, ]), the prc;i:losed use is nec:essaT)' to ccr.:.ir,ued erijt:ient ...dol
furt:tioni'l'Ig of tt,! City of San Jase~ Visual i~p.act$ are inrte-rent f~ "'-J'
• t1'1e: I"liiature of the ,rc,osed l!se. P.educticn cr,·the sca1e or ttl~
lzndfil1 -I-Iroject ,"~uld redl.:ce the 'Ilsibil ity of tfle co:::,l!ted fill.
but ""!lull:! also re~llc.e the Llsefu1r,es.:s. Qf t.1e site by reG:.;cin9 iu
life.. Since the City lo'o:.rld ha\'e to fir.d a r.er: lar:rifl1l site
else~/bere. an.d sir.::.e visual and. oH,er ~n;JaC-u are uns.void~~le ",';th
, the US!. the res~1t vo;;1d te to trlnifer -tl1e f~":icts to lnot'hei
1 tlcati em scor.er.
~.. FnZOUlS: Ttoe ·sisnifice.nt .. isual effects of thfs project C'r~ seen to
be unavoidcble tut c~st be to1er~tedbe~ws! of the ber.efits tr.t City
of San Jose wi)~ '::erive f:Q~ the prcjec:t i~seH ..
a. n~Acr: A sanitaT""J ladfil1 tlperatio:1 inc:l;.:G:fs t1ie-poten":.ia1 fer a
rU.!li.t:er ·of objectlc·r.a;ble iClp.:::ctS. irlc:lu-:inS the ger,erottfc<1 of
uT,p1easi!:n't o~or.s. attri!ction of \ifl""OJil1. tt.e Sf:1eratiO:"1 of 1 i~..er. aMd'
illegal d~:Pi'r.9 "ill tllf Br€<!. "Il':cre is .zlse a pos.s.ibility that
wardeus. or toxic c:eteriilh~ t\ay be de~o:s.ited c:"); tr.e: site ..
b. .JTlGJ..TIO~~ O~ J,\'DHJAI:C.E: 'The-el'inination or rec:h.:ct-le:; to c:n
c.cceptcble l~ ... el of tncS!': pO~Enti21 pl"""C~1e",s \-:111 ~ c.ccc:7";:;1 ~'sMd by
a \'1!riety of lctic.;',~ reS-.:letCd by 5elo'erc:l er.fon:e:;,-:r.t. a;su,:::ics.
following js a lis.t of these ictivities!
Otfors:
D location cf tt:t'! lu,dfill site in a re;:-.c-te locat.ion ..
a r..eeping t.f".e acti~.e l'!ori::fng f.ace s17]a11.
o C~ny coverlrig cf r;;>fr..'sc ""'Hil soil.
o Pl.:cin:J and r::aintainir.g fit:ill seil CO\,('IO C'~C'" tt;:;: Co;::71c~ed
hndfjl1.
D fono'J'i"~ the-£:'::1 :.rcJ /.ir C::;ality l:~r..;;t:-.!";;'1t [:istrlct C;·..:icclir.cs
fer ~~or con!rc1~
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o ~all~,~ompattlcn ~na co.erlos ~r reru •• ~jth cl •• n soil •
., teep!n~ tho •• tho "ortin~ faco $.,.11.
a P.egul8'''' 1nSpet.tl\)D of the lite fer' l.r~ sfSrl Gf roC-tin: activity ..
C) Contattlti9 pest coal-roo' speda1 j sts st,ou1d l.ny roC'!nt. a;;.thHy tl;o!
discovered. and il:'1,pler.;-ent abate;:~r.t tle'aSl.:iZ'S.
,',
Litte", :
o Dany co'." of tl!. refuse as SOOn as possible.
',,0 US~ of lOovabl. 1 itt.,. fences to centaln \lind blc'"" ".teri.l, •
o Requfrt~nt tha.t enf'ot'"C:1! refuse tr'JCU til ~C! cov,!or2d~ 1'n
accorc:lan:e witii Stc:te laloi.
o· Fre~ent ~leancp of read~i~e litte~ end indiscri~i~ate p~b1ic
cI~fn3 fn 'tl'ie Ilief~ity or tile site ...
e Suppertini cf laws tealir.g ~lth f~dl$'ri~inate p~~lic refuse
'c!l.,,;>; ng.
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H.z~rdo"s M3terial.:
=-. .~cnitarfng tf r-ef\!se by on-s.ite p!rsC'nnel to: ~e .eled: for'
ha%ar~ocs.~asteSl sach as berreled c~teria1s.
o tc!entffic:at1on of the prt,l~uc:er, if i.~c·",,~. to tt,! St~tt a~d. COlJnty
.. DD~.s whe~ potentially haZ4rdc~s ~ter1'1 i~ ~jsco~ered.
o ReQollal of any ~et~cted ~3%ar~~~s ~aterial by tte prc~u:er/h~u'~r
Sf they can be Geter=rtr,2d.
c I.rrzr.ger.:!nt fat"' di's;loszl of ;arty h!urd.o:.:s t;.ate:""i~l.s ~t i! pr-o~e!""1y
licensed f.acility by ~r:C if the proc:.:cer/l'1;H:ler-cC:r.:::lt toe
Identified.
c .. nmni-:G: The project. es prc;F,Qsed. in::1l.'G'.es iD its C'!'sfsn l,fi-j
i'nten'!ed operating p~oced_:,u"es $~fficjer.t prQtEc~jon t, rt~);'f: thi!'
pC'te:1tia.l fer these pr(l!>1f~..$ to c:n ~:t.e;'ft~b1e h',e-l of rh~.
10.. -i. IH?~CT: the proje.ct will se .. ,era:te .M Increes! in traffic: whh tl';e
;dlit'icn of l.p~ro;dr,.ately ,HO roetuse CClll!ctiQ~ h~h1cle 01':; \"ay ('aily
trips and an estim~ted 30 p~~1)e tri;s P~y ho~r to tt,~ p7~ject s\te~
'The site presently (~es t10t I:z.\·e t~e~:.l~tc: 'l/e~lr:u.l.::r" .e':Cess_
b. mTIGJ:'.TIO~i OR A\'OIn;..~;r:E: "t:~ proji.ct ~:--c;osal i'nd:.!:i''!$ cc;--;!.etic., of
tt.:e-~ch-e-ner ;.;'~r.1Je lnttr,,",:.nSe uith U.S~ fiiS~\"~J 101 ar,d a privllte
Access roa4 frc:'il th: eutll!:'rly siG~ or t'l':e inter.:r:u.s.e to !h;o lNSe
bCi,md'ary.
1; De83 -05-40
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C. Ffl::l!::::,f7ne proJect, is propesed,""""'.' clo'!S' f •• tur •• to
reduce tills potentl.} l"p~',t t. ,n L,cept.~le 10"01.
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»:I'ACT: Lccotfon of the san!tny hodfill tn •• are. of cultur.l
resources -Richard's ;ted: Ring, tM Butterscotch O;er't ~uolrry ..
Cln,;Cii'i See C.hert ~!Jal'"ry .. and ,. ~l~gne~ite-lane ccc,?lex.
~. MlTlGl<TIQiJ C~ AVQrO.\I:CE: Sh"ld tvl"er.c~ of additi."l subsurf«e
s-reMstortc cul tcral r-esources be discovered c:uri!'13 cc-nstTl.:ction C:1
the prej .. t site, .11 l'Ork in tho vIcinity "ill t. hal ted trod a
Qualifie~ professIonal ~.rcha;;oologi.st called in to c.c.~~e In e'r'31uaticil
. Ina': reeoC<lend oitigatfoil :;,;easUrC!s.~ In aQ"itico. tha follo',flng ite.o;s
.:f.ll bl i!ccc=.~11 st.~C::
o FiHng of ph(ltcsri;::~,~. a sfte reconl'. ud e);c~ ... ~ti'QI'J C2.t! on
.Rict:.ard·s ~oc" Ri;,g at tha J..rcheec-lcgic. .. .1 !;'ite lnvc-I'ltory ~t-the
· ;~ortin ... est Int::H'''Cation Ce.,tcr It 5~n::;:.a Stcte l.!"irerslty.
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o ~~ tonstruct1c~ or equfp~ent lctiyi~ in' t~e E~tteTscot~h t~~rt
Qua~ Site area that \5 east of the cc,~ss rC~d.
o fillns of tI2..ps .. re-cort!.s.; and p~cto9jC:;!lS of V,'! Ci!!:'l.:tcn SF.t C:r.~rt
· Quarty Site it t.he ~;orthl~~:s.t lnfcn;'lgtlcn Ce;"ite:r.
D Stori;;s; of th! sL'rfc:ce collection z.r.d te:::::t e.xca·~C!tlon c:.Herie:1s.
frlj,,:! t!-,e ~i:.rt"ycn See crIert Ct.rarrJ' fer ~urtjJe=r inalysis.
o . I..rcl1aC'olo~iO::ll 1.:!l~ri·tOIJ c1eailing. UE:ntifj·lr;~, ·cetaToging. i!!nd
pe11;',ar.E-:'lt £tor~s·e in in lrch!eologit~l cU'rc.tion ftcilitJ of tJ:e
· catenal s. frc;:J t.~! Ca.i;.':,'.Jn See-Ctll~rt QUarry ..
o CG ec.:1striJC'ticn Qr e~u'i~'t:-ent I:ctr\'Hy iii tli2 fc'~r c:cre lrea r.~rth
of tne ~irt r~ad at th~ easter~ er.d ~f t~~ Dr~lnase Contrcl c:r.~
· C:Ol'lstrl!cticn EOise::'.ei'lt.
D· filing of reselrch in1orr:ctit':1 Oil t~e l:.:sr.e-site tli'ne Co~;.1e~ ioiltr.
the t~"rttr.a~st. Ir.f;)n;:aticn (enter ..
o Offerir.!: of t.'ie ere Cl1rts .t:r.J tl"l:'3 !:I.;c;;ets frc~ tli2' clinir,g
cc~p1eX" to V.l! .:':r~~;l H"in P.istor1ce:l Society C'r ether' il'lt~r-es:.ed'
E!"OOJ~S 1';)1" tt<t:.:J tc p;."c .... e. nrca-. e"'~ Ci~~1.cy ",:'(;,n He 1if'l.Cfili
.ectivity .ar.1 i.CCE::>S roaC's recc.h t!'1! lO:Hlc,"]. tf these l.r-tifl~!.s
· arid t\o2;i;:e their rf::-.'~, .. al feaible.
c. fll:CWG= Ttl! proiECt. CIS pro.?~sed'. ir.ch:~es tccr.niG,::ES to re' .... ce
tflis poter:tii!l i9act te) an tlcc:er-tc~le h'.\:-1.
12. ~. 11,lPACT: E'ccc.usC' t!;e ~roj€Ct in<:lj,;.o;:~s cCMtn;ct~cn of a (rew~:J
illterc:!":u,se fn .en iroN r,ot pnsc"tiy it1tEr:~~d' fer n;t;':'l'lf:HlCI'l. tJ.ere
is a r-c;tc.,t;.;:l (er s:rc ... th inc'l.!ce;'.'::rt't. Pr~ss:;rt t.o c:'Hi!"lc;> .r;eu::o.l'
bills.icC' C';JCt1 !!"'.::ce i~.~ ,;..;:;t'ltl.:1t~ritl h.:",~s C'?y ~e c:::;cctcd frr;l)
~ri\·ztE ,p'"(>i": r~j' ,·:;.-,~rs~
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YanQUI eo"~eme~ .senc!es ~<ve volcod concerns "rth pholog
I~drtlonll landfill 0" B • .!Il.r.~'. {,cluding p~rti<u"r ttte.,tlon to ,
huard, to vater IQ.ua.11ty ... effEcts on r.l!'ar~y recreaUor\al l:ti\'"lties.
and connlcts .,1th nearby aIrports. Cupit" It. ulUlng eso IS •
hndUll sttr. there r.s LiO rur-o'n to conc:1~d'e that f~E'I.·bl ~51and is in
envfron=entally sLiper'l r alternatj .... e~
'Crowth {ndueln9 Imp.cts could
Scheller Aveo". !nt ... c~.n9 ••
10110\1$: .
te avol~~d tly aHeroatf;;t: l.:ccess to the
neil'" CC~p3rttf~! cff~.cts .... =re (";'!lIatt'd lS
1. Altt!r"ative 1 Ss tJH! Scheller J,.\"ent.:.e unde-rcross.ing. utilizir,g the
e.x,stlng f~I.J~Y grade separl:ti'on at the site of th! lr.~-:i'h~n5e to
access tlie ;.rc.pose:f Kirby Cc:,,;,·o., S::lnH~ry lu.;:!fill. \/ith l: r;;'/ pt.!1.t~ic
or llrivate road con.necting the a;n::-ercrcss.ir:g to I,:onterey k::oac!. Thl S
alt~rnc:th·e .. wMle lvoiding t~.e p'Ote-nti!l sro\-fth-lrjC'L.'cit:,; effects of
a. freeway interchar,,ge, 'is r.ot 2n e:n\lircr .... ;;:r~all.Y .sl..';lf~rfcr
Ilternative. ts set f~~th la t~e £I~. thls ~lt~rnative ~c~ld ir.vol~e
eq,iJal Or' greater overall enVlrcn;':lental effects. inc' udir.g sc::.e
srewth-ir.ducing effects. sreater City street r:afntel'lan~1!'
reQU'irements,. sreater consL:;)ticn of v:e:h1'c:.:lar fuels 'Ilblct. ~re a
-non-rene"'4~1 eo enersy SO~rce and: ir,crease.:! enissl0n of air
~olh:.tlnts .. This alternative \.o:.lld ir.crease tte fl.::.ul tic~ -the [".o.st
ir:porU.nt econCZiic fac:tcr in t."ans,ortir.9 t;a$te$ -f'f di.spOHl
trucks to recc~ (irt:y Can),on. thereby ir,;:rN51ng U'.e ':oJst.5 for \.'a:s~
disposal service \J~ich utilizes this sanitu".l lC!n~fi11.. .
~lterni!ti\'e 2 is tt.e l':E:tcalf-Fronta!;e ~o~d. ~;~ich (O!1sist.s cf
e.xtEnC:H'~ th~ fr'E'e .. ·a..:; fror.tase Teae: en tl':e east side of EiS"!':~;o!.Y 101
SCI:i'e tho 02.!''II~ one-hal f s;lle~ fre~ its e;dstir.g ter-lir.tls b."O r.Ues
sou-:;h of .iet.c:elf Road. jnis a.lter-nath'e. \.hile i\'olG"ing t1".e
pl)tEnti~l S'r.;l\,rth-h~d~c:ir.g effHt.s. of a fr-ae'''~'y irr~.ert.haTlie, is not In
enYironr;;e~u.lly superior l1ter-tlative. J.s set f"rth -in the (l~ ..
ir.e1r.:d.ir:g s=e Src1<.1.t1. .. 1I'dlICir.g effects. !;reHer Cit;; streEt
tlalr.ten~r.C'e rec;uirer;:er.t~, sreat~r conSI.:::':",j:lticn of 'IIeflic:ulzr fl.:!ls
\,:hich ~re a n::Jn-rel1e;.oable er,ergy SO'Jn:::e lr.d ir.creased £;'l~ssion of air
pollutant~. This alterni!tiv~ \.IQlJld increase V.e haul t1ca -tt':e ~cst
fcp:Jrtant ecor.o::J.ic: factor in trl!nsporting .. :a.stes .. for c;s;o:se1
trl.Ocks to reach i\ir4t..y Ca!1ycn. ttlere:b.J' ir.:rel:slng t~e ,cst "for ,,;ute
disposal :s:ervice ... '1".lCh L:tl1izE:S this S-<'lnitHY landfill.
3. J.1ternet:ive J is £:..r-nett ;:,'(e:"l:.1~. \.'hich cc:nsis.ts Clf t.X~ern~itlS e:::h-::io":,g
2urne~t ~ver.we thno~s~ the CoJote Creek P~rk c~ain to Tee:h to th~
5cutl".erly end' cf tr,e Kirby Cer:yon t~:':d"fill s't!!!. This .e.1tcrneti~'e.
'I~ile a"'Qiding V:e poter:ti~l growtl:-i'fic-wcir:g effects of z fne·, .. :ay
ilr~erch.::n;e. is r.ot ia.:1 e:;drc;.;;-.e-ntol1y su~erlor i1terr:r!t·;,;~. },5 SE~
forth in t./';;! EIR. this. altc:-fii:lth·e \.:o~ld involve cc::~al Gr sreater
cj' .. ~r..all e:wlror .. "::tr .... al erfe't~. lnch:dij'l~ Ue noise. oillr t':l1h:ticn ii:'",,!!
~esV".eti: iL".;acts of hi5~ volL':~~s of tn:cic traffic: e:"l !:t.!:l'l H[lsHhe
lc.!"!d u!.-e-s c:S p:..:t:l ic ~u~s ;'!,,,d rES1CO,r,ces. sc:::~ ~rc· ... th-lr,-:I,.;::!ir.9
effecU. 9rt-eter City str(:et t:a~ntE:r.5r.:e rec;ulrc:-:c,,\!s. S'I'".:'HC"
,or;sL'!;'~tiC;l\ ()f HM.c:u';:;r ft.!!;"is -U-,j<;fl .arc il nC'.'-rc:':PI,'~~l[!' c,-·crS;Y
SOWrcc ar.d' i'fI~re~~cd t;;)iniCJn of .e.ir ~DllL:ter:ts. Hlis el·,crr.a'tlvl:.
" .. ou1' ir"rease He t1zul Lir,e ~ He r:o:ls.t ir~C'r~o!Int ecrrr~-.j"c futor ill
re:r.~;;::lrtlr.~ 1:::::;tcS -fer C:is;.::~;:T tn.;::::;';'; to r~~ch tjr~'.r C"'r,.: ... .,n~
tll~rc::.y in:reJsir,g tl·.e ccs-:'s. for wastE' c:i.s.;csi!l sc:r\'ice l:~,~ch
L1tillZEoS., t~is so?;r.i:.e:ry h:,cf-i1L
PDC83-06"40
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b. .:nlliAlIOII OR AV010AI;CE: ~.e.",~ of H .• n,tu"" of the i •. p.et -~.'"
potential for 1 •. '.010g idd1t;on.1 9ro"t~ -tt .• r. fs n. "ftls_tlc.
possfole ether V,an \.h~ -,:0 IJ.i:~Clject" 11 tE'Tl1athe or t;n .1 tE-rr:~ti..,!
lotat1;ln that h r.ot remote fro!: uht\r.g inf:-a~tn.:ct\Jre. inc~~oH':'
an tC:e~&te tlear.s of .,cess. lhe rUSCiI$ for rLJectin9_tr.es~ t~;~
a1ternat.f\,'es lire discu:i.sed in the cverriC:ing ctns.!C'cratlcns.
c. OVERRIOIl:G COIIS10EP.AT1C!iS! The County Solid l:"te "'ar.aSEceot Plan
and reports fssa;~.:! by tl1C' State Solid 'Io.'aste V.!na.sei.!;r,t eoard st.::r .. the
need tor .ddHlc,,1 10r.g to", "oit"y l<odfill ea?ae!!y in V .•
region. 1M City of San Jo:;efs C€:i1eral Plan iC:e:ntifies CI pa!.t~rn of
grDwth fnd pro'ii.sfon of L:'rban services. whrch \o'n1 r.ecessitate
~dd~ticr.a1 lQns-t~~ sanit~TY lar.~:il1 c~~~city.
'IJ".e City·s existi'l!g landfill s.ite ~t I:-E\-"!;.j' ;o;1a:-.d is {n In area of
docl!!:l!nted (:onc:em by $E\"erl;l per:llttir.g 2.3e:-,:~es l:ld .t',as e:Z:pe.rie.r.co;:d
difficulties 'in tta past receivil'l3 per-its. I:,=:,:!l.v Is1c:nt1. pre5!l'1t1y ..
is only p.er::litte::f for fi\'e yeers. t:hlch 1 eaves f~tlJre dis,P:aiUcOJ flf
the City·s landfill nee~s tn doubt.
The City Council h:3:s a.dop~d G!:-.erll Plal"l ,Po1fcies "'!:ri'h-e.,.co~rz:se
future 1.andf111 sites in rf.::ote canyo::s to cidr:;ize 1r:"?':CtS t)"
.exh.tin~ and plz.r:.\'1~d U,!,,~O!r.izilti'lJn gn~ c\'oid Eay1 an~5. In.; s pr-o;;:lszl
is a1 5.0 to~:>atHie \dth • e1 evant policies acc;>ted by J..S.:"G f~r-tI':~
resion.
In \li'eu of tlle City·s need for future 1 ar.ai 11 c~;:~'ity to su;::;::crt
e.xist!r.g zn.<j pl;:j.r.ec! tlrtien uses. l:nd: in t~at tr.j~ pro5~ct l:i 11 tz~e
e\'ery avaihb1 e ;recauticn t~ en1:':llce l:n:: prot.ect tns. ECOSystE:~.s h
the lift,) Callj'o~ ,rea. the t:isr"uptiQn Gnd eH""l~a.tlon of t1".! 5~ci~s
nd !'1aMtats I"lhic.'1 cannot t:e i\'o!~eC: or L:it)Scte~ will t:~ toleTc!t.e.c!
as an a,cepta~lt 1.evel of iz~,ct ..
1n p.ertic1.!1ar". * reasons \,:hi'ch lIecEssitete: en GC:ciiticr.~l l.e'!"',dti 11
site are detai1f4 in ti;~ ·Sol i"d \,'lSte i-janase=--=nt !lls~o:sa.l Site
RePClrt-to Vd"s Cour.cil frcr:I ttl! C't=,=rt..-,:E:nt cf Pr'ilfate CnelGj:l~n~ in
Cctotel'" lS81. h·ti"c~ ;s incorporated: by rc.fe:rE,,;-e i'r~to t!oc-;.e fjr,dq;s ..
[C0I1001:: consic~r-atio!is re1ete:d: to tt:~ City's ~e.s;re to ~r-o\'iC'e
l"E:a.s.one!:.1y p.-l::-td ,,'este ~~s?::-s.~l s~r-dces to its citi.H'~ is .l1:S>:l c:'1
it'lpor"U:1t ftc:tc:-ir: ipp:-ovir,g ~i~ls. pr.:;jecL l~e r1ecessity ~f in:lti.?r'
,",ute dh;,osal site in ;:;,prcvir,,g tl'Je Ci-r/ s ~;,:--saif'lln9 pcsit~cn "is
t:'ccLlt.:lelit~d' in tJ;.e 15"Sl Private Di;\,.e'iC;:':i!!"t r€;oTt refe:"'enced .l!l::l':.'::O.
cl'~ io th.e 1~S2 n:::ort pre?,are-::l I;y S:11 en";;it'{~ "Sol id h'astE!
f~n';.ge~nt J..lter1':i:ith'f's fOr He Ci ty of S2M .. '.::se". ar:::: als.o
ir'C:OI"',E;c.retet1 ir.ta th~sE' fir.dinS!> t",' r~fej~r.:e.
<1'.. fll.:!lIr:G: In \'fE:'oc' of He (i ty's r,eEd fer f~tL:re l.l~C:fill c""~.2:ci'ty to
sL.'p;orl existir..; u,d ;=lhr.r.ed ur~~ll uses., th~ p:;sibility of i."cL.:cl~S
iccitlcn.Jl 9r.::\,-:., is cl(.;t •. ef~hed b;,' H,~ be:-,~ffts He C'itj' \;;11 GHiy:;o
!rCl::J th~ proje:::t.
PDC 8 3-05-40
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Bfctrc: ir.Jpaets to habttdt Ind el"ldar.gere:d' $)ec:~es c:.er.not teo totany
IvoidE'd if I landfill is lecated en thh· site; n!it1'1~r can the tislJal
effccts .. 'r:,'!.t'fcre. only alternative site~ (lr tr.e--flO project"
altf'!".;,:=:thle \inl £litis-ate thes.e f~,acts. "lt11ou~h the sa:::~ le\'el or
;.r.;.;1ysi's ha:t not bu'l'! d~ne' for ill1 Car.di~a.te 5::>1 fd' l:r!ste [jj s;:::lsill Sitt~
in Ul!! City's,Ge.,eral Plan, their likelihool1 of p..-eStnt1!"l9 sli'Jiiar
itt;ll.c:ts ca.n b'! gen.eri!ll.:t e'latulted as ro11o\;s:
[a) Te"~ant Ca~~n: to s~e'lf\c ir.fo~atjcn is ~v411able ~n th~ ~io~! ~r
this canyon. EO\iever, it is susceptible to the sal:"'e pot!l'ltfal
babitat constraints .is Kirby Ca:-:,:ron and cay ~l so co.,tafn er.<!:!nsered
species. In &~djtion. Tenr.~nt ~lso ~il1 require upgra.~ed
o transportatton i!.cce..ss. vitl1 ~otenthll.l s1'Sr'lificant grcl-ith-ir:t:!t.:dng
effects for its non .. t!rban sl.!I"'l"Q1.md:in; iHi2!as. A 1onof111 in Tp.n~ant
cau'l4 potentially degndo: Ule h2aG.l1at.::rs of 511 ~e" Crel!ic.. T!".! site-
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is .... "1 ... seclud.e-a .. "'itit less potentia.l ',is!)a' effec~ ~n fe.,,'~~ 'pec~T!:
bow!v..,.. the fntn:duct;on of sub_sa truck. znd • landfill sit< c. ;,~
ewse core of a c!':~;,;.se in nofs.a ar.d: land tise tl:,a;, in a site close to
a tcn~trueted f~aYt lS proposed. There is no re~$on to co~clu~
that Tennant Co!.f!)'on "o~1r4' be a~ en\lrrQr.~ntall.Y s.lJP~i'"ior i!'lternathe
to ,the: pro'po~ed sit"!.. .
(e) "r;.;."tcalf Canyan: Like all canJons: in th"j.s ,area: tett°-llf nay ·.also "
ir.clude So~e val~abl~ hab1'tJt. Ilthou~h its present use ~~y ~lni~ile
that pcssftility. Its lcc~tion in relation to r.eu US 101 ~nd
~-:cnterey Road' ~!:te it: likf!1y that it would have. vls'.:a1 i~a:cu It
least IS si"Sr.ific~.t: as io:irby CUlj'on~ Since ~:et,a.l f ".'Quld only ha.e
II life expeetar.c)' of ten .years as a hr.dfi11 -site-, it ~'Ot11d rlct 5en'e
to c:eet the tity's long tern sc1 id ... aste dis~csal needs. is ~iscuss~~
in the O'lerridin; Ccnsiderat1C!'lS in ~revl0us. sections Qf t~se
fil"ldir.ss •. In Y1~01 of "its le55~ned val LOt to the City !os-a 1 ctlg' t~rc
landfill site. tl':2l"e "is l'l0 reason to con:lt1d2 that netc~1f CallYCll'
vould be an en'lircr::;';enta.ny super!ol"" ,£1 ternative.
c.. E.ncinal Carlton! lHe tr.~ cth:::r cc.nyons. Er.::fnal ~C!1 a1.sa in.:1LH!e
vll~a~le habitat £r.~/~r en1ar.;ere~ s~ecies. Er.cjr.~l ~ai tr.2 sa=.~
p~tentia1 for" ,-ls!.;.al 'ir::;liICh as. Xir~'y trld l',~tcC!H Cc:nicns bec::: .... :s.e o~
tt".ei"r relationship to US lOT. l-~ntereJ liiSil1~;ay. and rIJ:--a1
resiGer.ces:.. In. eC''::iUcn. [r:;cina.i may .. like kirtly. ccr.;tain
archc:o.e1ogic:al rescurc:es. l'ih f..irb.1 .. sc~d c:ccess to tr.i's ~ite 1-,"t.r1::::
probably re(j;tiire a r:c:~. 9rc\.."~!"l-'inC:'Jclr:g frC'C' .. '~"y intercf:an;e. Ute
.:etcal f. [r,c lr.al Car:yon tLas ~ l'ir.dt~G' t 1,-19 years1 c<!;.c:cl ty ar,d" lea
~otential for r.:eetir.:; the c.;ty·.s 1 cr.,; ter:.j sol id "'":3ste C:!js'po~al
.need. There is ll:l reason to cor.cluc.a th;:t (r.d.nJ] Ctl""1'y:n ~;c:.rld" ~I!' In
C!nvi ro:-,:;-.enta 11.:1 S1.:;c:ri or a 1 tern\: t1 'lie.
d. I:el.:by Island: [);;:an~ic;'1 of tt".e h,'~fil1 site ot 1~-:: .. t .. .Y !n1<:rI~ has
f.!c:t!d continLJ1T1~ ['~:::::l.s.it"C:1 ~r,1 C:ifriculty is. its pemits cc:.::: t;p fer
r-f'r:el;alo Tt;C' pre:s.~:-;t Cr'!:,ratir.g p.:·r:Jit is ,;;ly rer the YCiJrS~
•• >
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Tn. -flO projtc .lterr.nf,e \ricl.ild ~reciuc't.l1 1centUio!!d i;,pJcU. It
,"ould: ils~ flot cut the City'S 1dentifted s<ll fd waste C:Ss;:iCJ$.,11 nee-J.s.
Till Cjt,y. tt:e Count.>-. and till!' Stat! 0' 'a1Ifo"n1l: !'Iiill ill ex.::mfned
alternat1ns to rleW sanftar'jl land-fill sftes. J1..!r.y Cit tM ~lt~rnatjvo!!s
art dlscu,:ed in tne [l~. As d1:cussed in tr.e lSBl ~r.d lSS2 repcrts to
thfs Ccum:fl, reffrenced earlier In these f1ndins.5i, Inc as cor.cluded by
the Stlte Sclfd ~.str Mana~~~Mt beard rcpcrt -Garbage; Crisis cf t~e ao's-. ilterl'1athe ClfSPCSdl l:!etJlad!i .... 111 only accou.,t for a min.or portion
of the ~a.5ite stream in the forseedble future.
In view of the City'.s res,Pc.,sibiJit .. 1I to provide I vli!ible c-ethod f~r
meeting ttt so11d W5stE ~anage~4nt ~oall adoptee in 1t5 Genera~ Pl~~~ the
"no pnlject-.alternatiVe is Flot see-n ~ .be .!:1 acceptable l1 ternative to
the prop~5~ proje,t.
ADCl?TED thh __ 2"-,t_h __ do,)' of _...:D,,'.;.C.:.E~...:.8;:E...:R ____ • 1S83. by t,.
fallowing V1te:
AYES:
!IDES:
AL1!-'.RADD. ESTP.'~1'}!t ~.HER. I:.r:~rr. LE1HS. RYOE~j. SA~SEOO,
~!LLlAHS. I';{ENERI
8E~~L I Fl'ETCHEP.
P.BSOJT: NOliE
J.7TEST:
CITY OF SUNN'r'V ALE
CAUFORNIA
P. O. Box 370 7
94086-3707 NOTICE OF DETERMINATION
This Notictl of Determination has been prepared in compliar.ce with the Calrtornia
Er'O',;'iro.'1oT.:::r.tal Qua.r~ Act 0# 197C', as am-'3rJded,
PRQ.1!;CT TITLE
Sunnyvale Materials Recovery and Transfer Station (SMaRT)
PROJECT DESCRIPTION AND LOCATION
The project is located on a ten-acre parcef at the northeast corner of Borregas Avenue
and Caribbean Drive in the City of Sunn~vale, Cailfornla.
FiNDING
The C.'l'1 Council of the City of Sunnyvale, at their meeting of September 25, 1990,
certified the Final Environmentaf LTlpaC1 Report fO( the project as prepared by Thomas
Reid As..<ociates. On September 25, the City Council also adopted the "OOlngs, a
statement of overriding consideration. and a mitigation mooitoring pran for the project
The Environmenta: Impact Report was prepared pursuant to the provfsiorJs of the
California Environmental Ouanty Act filed w~th the State Clearinghouse on June 20, 1990,
and cleared by the State Clearlnghocse 00 August 3,1990 (SCH #89=812). A copy
of the i:nvironmemai ImpaCt Repci1, the findingl3, L.,e sta:emem or olleriiding
coos:dei"ation, and the mtt'fgaLon monitoring plan cali be examined in the office of the
Director 0: Pubuc Works, 455 West OlIve Avenue, Sunnyvaie, Caiitorn'la
jilU){,71-... 0.'70 . .,..
Marvin A. Rose
Director of Public Works
September 26, 1990
12. CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT
FOR SMART STATION/KIRBY CANYON PROJECT.
REPORT NO. 90473
STAFF RECOMMENDATION
That Council certify the EIR, approve the find,ngs, mnigahon
iT1easures and' moniloring plan for the project. dlrect staff 10 We a
Notice of Oeferminalion and approve ths use of the SMaRT by the
cittes of Cupertino, los AMos, los Anos Kills and Santa era; a for
residents and cfty crew use.
Valerie Lenz, col"sultan: for Sorid Waste Pr;)Qram, presented stafi report.
The pubric heari~g was dtlclared opened and cJos3d a1 9:50 p.m.
CASTilLO moved ODO rova I In leeo"'."", With .taN
recommend Itlon. seconded by PAR KE R a f)(j ~ unan i mou 5 Iy ,
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REPORT TO MAVOR AND COUNCIL NO. "9D-473
TO THE HONORA8 L.E MAYOR AND COUNCIL
DATE September 25.1990
SUBJECT: Certification of Flna~ Envjronmentai Jmpact Report for SMaRT
Station/Kjrby Canyon Project
Report in Brief
This report summarizes the comments recerved on the Environmental Impact Report {EJR)
forth. Sunnyvale Materials Recovery ano Transfer (SMeRl) Station/Klrby Conyon project.
It also addresses the issue of requests by other crties to use the Smart Stc:::tion. Staff is
recommeoolng that the City Council (1) cert'/y the Final EIR, (2) approve the lilldings ano
mitigating measures and monitonng program, (3) direct staff to f.le a Notice of
Determination, and (4) approve the use of the SMaRT S!ation by the cit1es of Cupertino.
Los Altos, Los Altos Hills and Santa Clara for residents and city crew's use.
Background
On July 24, 1990, the City Council held a pubnc hearing on the Draft EIR for the SMaRT
StatiOf\lKjrby Canyon project to faCilitate pubr:c drscussion and to aid solicitation ot
comments. A copy of Report No. 90-368 Which was presented at that meeting is
attaehed as Appendix 1. CounCil directed staff to address an comments recejved en the
Dralt EIR. The 45-day comment period for the Draft EtA ended on August 6, 1990. The
Final EJR consists of MO vofumes. Volume one is the Draft EiR. Volume two contains
the comments received, the City response to the commen15, and a r;st of persoi1S,
orga..,lZatjons. and pubijc agencf2'5 that SL'bmltted comments. A copy of the Final EIR ;5
attached to this report as Appendix 2.
Discussron
1. Final EIA
Four agencies submrned comments on the Draft EJR and t' .... o agencies submitted
comments on the AdministratiYe Oraft EIR Their comments and the ~esponses are
summariZed below:
L
1. The California Integrated Waste Management Board and the County of
Santa Clara Health Department commented on the impacts caused by
excavating a portion of the existing Sur.nyvale Lar\dflll and compjiance with
related regufations. These polenljal impacts are discussed in the Final EtR.
l~st.lC'd by tMt Cil, M<lr'loger "
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CertflCation of rinal Environmental Impact Report
for SMaRT Station/Kirby CanyOll Project
Septe",ber 25, 1990
Page 2
2. The San Francisc..:o Say Conservat;on and Deveiopment Coonmiss:"on
commented on the potentiaJ for disturbance of wetlands and/or waters of
the Ur.ited States. Howe .... er. no filling of lhesa waters is required for the
project. This is noted in the Final EIR.
3. The Town of Los Altos Hills com'116nted aboct operalion of the SMaRT
Station, \ncluding compaction of refuse in trle transfer trucks, use at
reclaimed water, and marketing of the recycfable materials. ThBse
comments halle been noted in the FinaJ EIR.
4, The City of Sunnyvale Planning Depa".ment indicated a change in zoning
would be necessary for the project. The EIR has been amended to renect
this.
5. The City of Sunnyvale Departmem of Traffic Engineering commemed upon
the relationship of the project to potential t:~nsportarion projects .in the
vicinfty of the site, requested cfarification of r'gures used, and commented
on mmgation measures.
The i:rttached Firla~ EIA jncludes a Jist of commentors, a summary of the comments, the
response to the comments and Text Amendments.
Append'",3 contains a fisl of the potenlial i'11pac:s of the SMaRT Station/Kirby Canyon
project.. k also COr1tains findings, mitigation measures, a statement of overrid~ng
consideration and a monitoring plan. State law requires the Cit)llo adopt a monitoring
plan to ensure that the proposed mitigation measures are implemented for the project
Staff is recommending that the City Counc'l cert!fy the Fina: EJR, a;:pro'o'e the flncings,
mitigatiorl measures. statement of overriding CO:'"lsidera1ior.s arid t:'le ,~cnitor:ng prem, and
direct staff to file a Notice of Determination.
2. Extended Service Area
As CouncH may recaI1, the SMaRT Stalion/Kirby Canyon project IS Ine result of an RFP
process conducted in FY 1987·88. At thai time the cities of Sunnyvale, Palo Alto,
Mountain View, Cupertino, Los Mas, Los Altos Hills and Sama Clara plus the County of
Santa C1ara jointly issued a Request For Proposals for long-term landfill capaciry.
Through that process the Cfties of Sunnyvale. Para Alto and MounraJn "new de-::icted to
contract with Waste Management for construction ar.d operation of the SMaRT Sla:jon
and for rong·term capacity at the Kirby Canyon Landfill. It was agreed that Sunnyvare
wO'..Jld charge a fee of $2.00 per ton (indexed by Bay Area CPI) on all sorid waste
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Certification of Fir.C::i Environmental rmpact Report
for SMaRT Station!l<irl;y Canyon Project
,~_". " ......... jk .... =_~
Septem!:;er 25, 1990
Page 3
derl\o'eredto t~e Station from outside of Sunnyvale to compensate the City for the impacts
assoc;ated with smng the SMaRT Station in Sun~Y"ale. The cilies of Cupertino, los Altos.
los Moo Hills and Sanla Clara plus the county decided 10 contract with Browning Ferris
Industries for use of the Rec)'clery and for Io<1g term disposal at Ihe Newby ISland land~,11.
Those cities realized that that decision would require their city crews and their residen:s
10 use t". Newby Island landfiN which is located., North San Jose. Because Newby
Island is fairly far away from those cities, they as~ed the City of Sunnyvale to consider
aJIowing their '.sidents and city crews tD use t~e SMaRT Station. Council agreed 10
study the potential impacts of residenls from other c~ies utilizing Ule Stalion in the EIR for
the project. The EIR has anaty2ed this scenario and no significant impacts were
identffied. As shown on page n·l1 o! the EIR. L'1. Slation has sufficient capacity to serve
the cities of Sunnyvale. Palo Arto. and Mountain \flew pfws the pubHe and City crews from
the other four cities. Gouncfi is new in a position to decide whether or not to aHow
residents and city crews from Santa Clara. Cupsrtino. los Al1:)s and los AlIos Hirls to use
the SMaRT Station Cou~; has severaf options. It can refuse to aJlow the other four
cities to use tile station. It can approve several options with regard ~o this issue:
A. Approve use of the SMaRT Station by these cities and direct sIaN" to insert
appropriate language in the Conditiona: Use Permit and in the contract w~th
Waste Management to anow them to use L,e SMaRT S!a!;on.
B. Dlsappiove use of the StatIon by these cilles and instruct staff to insert
ranguage in the Contiitjonal Use Permit and the contract with Waste
Management to prohjbit use Of the SMaRT Station by t"ese CJljes.
C. Approve jn concept the use of the SMaRT Station by these fDur Cities and
require each cny to mi:lke an appficat',on 10 J.;se t:'ie Station Once it is
operational. At t1at i;me Council cou'd make the final cecis.or'J for each city
on a case-by·case basis.
Staff is recommending that the Counc~1 sele<..1 Option A allowing use of the SMaRT Station
by the cities of Cupert~no. Los Altos, Lo'S Altos Hills and Santa Clara for residents and city
crews use. A.,y impacts of thjs use would be mitigated by the $2.00 per ton fee to be
"aid 10 lhe Cit)' of Sunnyvale.
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· CertificatJon 01 Final Environmental Impact Report
10< SMaRT Station/Kirby Canyon Project
3. Project Schedule
September 25. 1890
Page 4
Once the Fillal EIA is certified the Planning Commission will consider t~e Conditional Use
Perm~ and zone c.~ange required Icr t'le project. The Commission is scheduled to
consider the use perm~ and zone change on October B. 1990. Staff is in the process at
completing:he contract lor this project with Waste Management of North America. Staff
arnicipates the conuac! will be presented to Cour.cil for approyal if' late October. Waste
Management has appffed for. and is in the process of obtaining. perm~s trom the
CalilofTha Integnaled Waste Management Board (CIWMB) and the Bay Nea Air Quality
Management District required tor construction of the Station. As soon as those permits
are obtained and the cootract is approved by the City. construction of the Slation will
begin. This might possibly be as early as December.
Fiscal Imoact
PubfJC Contact
PubflCaUon of the Councij agenda in the newspaper. In addition. a notice for the pub",:
hearing was pubfished ill the Valley Jou",.1 on July 5 and July 12, ; 990.
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Cenificalion of Fioa) Er,vironmental Impact Report
for SMaRT Station/Kirby Canyon Proj~ct
September 25. 1990
Page 5
Recommendation
TI1a1 the CiI)i Counc~
1. Certify the PII1al EIR for the SMaRT StationlKirby Canyon Project,
2. Approve the findings. mitigatIon measures and monito"'ing plan :Or the project.
3. Direct staff to file a Notice of Determination.
4. Approve the use of the SMaRT Station by the cities 'Of CUP"lti~O. Los AiloS, Los
Ntos Hills ano Santa Clara for residems ano city crew use
~T~~
Thomas F.;;wcock
CiI)i Manager
"1"" I . ; 'L. /" ' Prepared by/ //Z/".'""",/ _ -'
Marvin A Rose
Director of Public Works
E~
Assistant City Manager
Appendices: 1_
2,
3,
Re port No, 90-368
Final EIR
F'ndings. Mitigation
Measures and Monitorrng
Plan
APPENDIX 3
EUVlROXMENTAL FINDINGS, r~PACTS, MI~IGATION ~D MONITORING P~OG~~
SMaRT Station/Xirby canyon Proje~t
L a. IMPACT: The le!"t tUrn into the project site .... ould affect
traffic volumes OTj Caribbean Drive.
b. MITIGATION: A 40 foot extension of the left-turn lane on
Caribbean may be installed.
c. FINDING: The project as proposed includes techniques and
procedures to reduce this potential impact to an acceptable
level.
d. MONITORING! project traffic sh~uld be ~onitored by the City
of Sunnyvale and an extension to the left turn lane installed
i~ deemed necessary.
2. a. IMPACT~ On Site traffic control is needed to ensure safety
b. MITIGATION: A four .ay stop may te i~stalled at the first
intersection of the site (Carl Road and Borreqas Avenue). nOne
Way· and -00 Not Enter~ Signs may be installed to enforce the
counter clockwise circulation pattern.
c. FINO!NG: The project as proposed includes techniques and
procedures to reduce this potential impact to an acceptable
level.
d. MONITORING! Appropriate signage should b.e installed prior
to the opening of the station and verified throu.gh the
building permit process.
3. a. !MPACT: Utility' improvements for the project ..... ill
temporarily disrupt traffic on caribbean Drive.
b. MITICATION: Street constr~ction should be conduc~ed such
that a minimum cf one lar.e in each direction re:nains open at
all times.
C. FII·IDING: The project as pr-oQosed i"icludes techniques and
procedures to redUCE: this potential impact to an acceptable
level.
d. MONITORING: Encroachment penlits for construction in the
public right of ~ay should limit the time of construction in
the public street and maintain a mininum of one lane open in
each direction of flow.
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POBL:IC S!:ltV:Z-CES
4. a .. IMPACT: The potential exists fer fire to occur at the
Station.
b~ MITIGATION': Installation of sUfficient fire suppression
improvements consistir'lg of hyd!:-ants, sprinkl-e":'ing of the
enclosed areas a~d adequate ~ater supply.
c. FINDING: The proj~ct as proposed includes techniques and
procedures to reduce this potential impact to an acceptable
level.
d. MONlTORING~ The ST.lnnyvale public Safety De.partlrlent should
review the project design plans to ensure coppliance wi~h fire
protsctio~ sta~dards.
5.. A .. IMPACT: Washdown W"ater may exceed 'WPCP standards.
b. MITIGATION: Pretreatment of the w3shdow!l • .... ater ::nay be
required to eliminate oil grease and solids.
c. FINDING: The proje~t as prv~osed includes techniques and
proceQures to reduce this potential impact to a~ acceptable
leveL
d. MONITORING: The washdown ..... ater should bE: monitored and
compared. to the industrial .. 'aste discharge requirements of the
~~CP standards. If the washdown water exceeds the limits the
station showld provide pretreat~ent necessary to reduce
objectionable conponents.
SAFEn AND SEISMIC SAFETY
6. ~. IMPACT: structural damage caused by differential sl:bsidence
of tbe earth!i!1 under the station.
b. MITIGATION: Construction consideraticns such CiS pile
fOl.lnQation or modifications to tt.e spread footing design .auld
prevent structural damage.
c. FINDING: The project as proposed includes techniques and
procedures to reduce this potential impact to an acceptable
leveL
d. MONITORING: The Citr's Comr..unity Develop:r:l€"t DepartT.lent
will review the Station design to be sure it is enoineered
:properly to .e:nsu.re the integ:-ity of the propased stn~ctures.
7. a. IMPACT: Potential liquefaction, cOnlpactic'n and ground
subsidence resulting from a maximum probable earthquake~
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p. Locatior. and engineering de.s.igr. c"f the Station can -.ninimize
potential damage to the structure.
c. FINDING: Tl'1.e p:-oject as proposed includes techniques a."ld
procedures to reduce this po~gntiQl i~p~ct to an acceptable
l~vel.
d. MON!TDRJNG: The co~unity Development Do?part:7tent ... ill
review the geop~ysic31 eval~ation and engineering design to
ensure st.ruct,,?ral irltegrity of the proposed improvements ..
8. a. IMPACT: Landfill slope sta:t:·ility during an earthquake.
b. MITIGATION: Applicat.ion of appropriate engineering
standaros to t.."":!e E!xcavation. compaction and placemeI't of final
cover of soil materials on landfill slopes can reduce: the
potential of this impact.
c. FINDING: The project as proposed includes techniques and
procedures to reduce this potential impact to an acceptable
level.
d. MONrrORING: 'the Community
DeP.::rtmel.lts will review the
engJ,.neer~n9 design to ensure
proposed imprcvements.
Oe.velopoent and Public works
geophysical evaluation and
stnictural integrity of the
!L a. !MPACT: Worker exposure to landfill gas release d'L:ring
excavation of refuse for site preparation.
10.
b. M.ITIGATION: Limit the amount of area of
reduce the quar.tity of landfill ga3 released.
with spark arresters. WorKer education and use
monitoring and measuring devices.
excavation to
Fit equipment
of lnethane gas
c. FINDING: The project as proposed includes techni~~es and
procedures to reduce this potential impact to a:"J ·acceptable
level.
d. MONITORING: The sunr.yvale public Works Department will
require the applicant to provide a health and safety plan ","ith
adequate detail to addr~ss the specific working conditions of
the site. The department ~ill monitor construction practices
at the site to ensure compliance with the health and safety
plan.
a. IMPACT: Fire hazard created by lateral migration of
landfill gas (methane) ir.to buildings.
b. MITIGJ..1'ION! In-;;t.all landfill ga.s dete-cticn devices arDund
"the buildings, pro· ... ide good builcUng ventilation and if
necessary, install addition31 la.'1dfill g<3S collection systems.
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c. FINDING: The project as proposed includes techniques a:1d
procedures to reduce this p~tentjal impact to a~ acceFtab!e
level.
d. MONITORING: The Sunnyvale Public Works, and Buildi~g
Departments "Will revie ..... the engineering design plans to assure
installation of landfill gas migration detection
devices,landfill gas perimeter cutoff trenches that could be
modj tied to an act.i .... e landfi!l gas withdrawal system and an
adequate landfill gas monitorir.:g protocol fc'r landfill gas i!1
t..'1a enclosed aredS of the site. These departments 'Will
monitor the construction practices at the site to e!':5ure
compliance yith the engineered plans.
lla a. IMPACT: Potential flooding it the levees north of the site
are p r ea ch e·::1 •
p. MITIGATION: ?rcvide routine maintenance of the levees.
c. FINDING: The project as proposed includes techniques and
procedures to reduce this potential impact to an acceptable
level.
d. MONITORIN'G: The city of Sunnyvale .. rill conduct rOL:ti::e
inspection of the levees surrounding the site_
12_ a. IMPACT: Existing soils under the st.atio:1 contain sc=:e
pesticides and heavy metals.
b. MITIGATION~ Conform to state and Federal re9~lation5 ..... hich
allow this soil to be left in place.
c_ FINDING: The project as proposed includes techniques ar.d
procedures to reduce this potential impact to an accepta~le
level_
d. MONITORING: The P\.:.blic .... 'or1<s Depart~er,t. ......-il1 ~onitor soils
surrounding the site to be sure no ~igration cf this ~ate~ial
occurs.
13. a. IMPACT! Potel"ltial exposure of public to accidental spill c,r
leak of hazardous gases fro~ WPCP~
:b. MITICATIOU: Imple:ncntation of an evacuation plan including
escape routes other than Borre9as Ave.
c. FINDING: The project as proposed includes techniques and
?rocedures to reduce this potential ~mpact to an acceptacle
level_
Q. MONITORING: The Public Works Department .... ·ill reO'..:ire the
applicant to prepare an evacuation plan in consultation wit~
Water Pollution Contrel Plant staff.
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14. a. IMPAC'I': Potential taxies in the 'Jastestre2.ln to he receive':'
at SMaRT.
b. MITIGATION: Implementation of a Hazardous Waste Exclusion
Program (WA'EF).
c. FINDINC~ The project as pz'oposed incluc.es techniques and
procedures to reduce this poten~ial impact to an acceptable
level.
d. MONITORING: The city of Sunn)'"'.rale will require the
applicant to prepare a ~~EP.
15. a. IMPACT: Storage of toxics discovered by the HW"EP program ~t
the station.
b. MITIGATION: PreparatiDn of an apprcpriate storage area and
conformance to local, state and federal regulations governing
storage time of hazaraous ~astes.
c. FINDING: The project as proposed includ&s techniques ana
proceaures to reduce this potential i~pact to an acceptable
level.
d. MONITORING: The Cit::r of sunnY" .. ale ...... il1 require the
applicant to prepare a HWEP as required under the California
Administrative Code Title 23. The County of Santa Clara ~ill
serve as the Local Enfo~c~ment Agency {LEA) for the station.
The County will conduct ~eekly inspections of the station as
re.quired by state laW'. During the inspections thE: County 'Jill
determine whether the station operato~ is properly follo~ing
the liWEP protocol.
16. a. IMPACT: Increase in the production of the leachate at the
Xirby ~anyon la~dfill due to increased rate of fill.
1:l~ MITIGATION: The RWQCB and the CI~"MB ..... ill require the
landfill operator to provide reneciial ~eas~~es.
c. FINDING: The project as proposed includes tectlniqu.es and
procedures to reduce this potential impact to an acceptable
leveL
Q. MONITORING! The RWQCB .. ill be the enforcing agency to
ensure the operation of the Kirby Canyon landfill is in
compliance with applicable regu13tio~s.
NOISE
17. a. IMPACT; Noise generated from the tributary traffic of the
project.
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c~ FINDING: The project as proposed includes techniques and
procedures to reduce this potenti~l i~pact to an acceptable
level.
d. MONITORI~G: The city ~ill r€quire the applicant to ins~all
a fence prior to the comrn~ncement of constructicn. The Public
Works Depart:::lent will conduct an inspection prior to
construction to assure the fence has been installed. A
biologist shoUld be on hadnd to prevent impact dllr i ng
construction.
II1J'IS1\lICE
21. a. iMPACT: vectors such as flies rodents and yello~ jackets
may be attracted to refuse.
b. MITIGATION: Conformance with the state regulations ~hich
require ope.ration and maintenanca procedures to pre\·ent vector
impacts.
c. FINDING: The project as proposed includes techni~~es and
prOCEdures to reduce this potential i~pac~ to an acceptable
level~
d~ MONITORING: The County~ as Local Enforceme!""t Agency. 'Will
require the station operator to comply with the State's soli~
'Waste handling regulations~ The County will conduct ... eekly
inspections at the stati~n to ensure compliance.
22. lJI. IMPACT: The generation of litter frol'll private vehicles
without properly covered loads.
1;3. MITIGATION: "Lnforcement of the state Vehicle Code regarding
the transportation of materials and imposition of a special
fee for improperly covered loads ma.i" rE:o.uce this impact.
c. FINDING: The project as proposed includes techniques and
procedures to reduce this pctent ial impact to an acceptable
level~
d~ MONITORING: The County, as Local Enforcement Agency. 'Will
require the station opera~or to comply with state regUlations
concerning the ccvering or loads e."ter ing the stat ion. The
Califo'rnia Highway Patrol is responsible for enforcing the
State Vehicle Code"
.23. a. IMPACT: Obje:::tional odors fro", the decay of orgar.ic
materials~
:b. MITIGATION: Conformance with the State regulations as
enforced by the LEA regarding residence time of materials and
processing odorous materials will require operation and
maintenance procedures to reduce unpleasant odors. .Alsc.',
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regular cleaning and ceodoriz ing of the station will assist to
reduce this i~pact
c. F1NDING: The ~roject as proposed includes techniaues and
procedures to reduce this potential impact to an ~cceptable
le\lel~
d. MONITORING: The LEA. Ioiill conduct weekly inspections of the
station to be sure the cperato4 complies Ioiith the solid ~aste
handling regulations of the CI~~B.
a. IMPACT: Dust emissions from station operations.
b. MITIGATION: Installation of appropriate exhaust duct~ and
dust ~emoval equipment Ioiill reduce this impact to the adjacent
areas. Workers should Ioieaz.' dust m.asks in dusty areas.
c. FINDING: The project as proposed includes techniques and
procedures to red".lce this potential impact to an acceptable
level.
d. MONITORING: The LEA .. ill condQct TJeekly inspections to
ensure compliance.
25. a. IMPACT: Fire ha.zard crea.ted by refuse containing
combustibles.
b~ MITIGATION: Implementation of a load ch€'!cking program to
c1etect combustibles in refuse loads and appropriate fire
suppression equipment within tne facility will reduce this
impact.
c. FINDING~ The project as proposed includes techniques and
procedures to reduce this potential impact to an acceptable
level.
d. MONITORING: The Public safety Departr.ellt ... :ill re~~ire the
applicant to install proper fire suppression and protectio~
improvenents ~nd to prepare an emergency response plan~ The
Public Works Depar.t~ent will provide routine ins~ections
during construction to assure compliance ~ith t~e plan.
AESTHETICS
25. a. IMPACT: Light and glare created by night operations at the
Kirby Canyon landfill.
b. MI'fIGATIOM: Light shOUld be directed eastward to ..... ard the
working face of the landfill. Installation of a berm at the
.... or'king face ...-ill reduce the glare offsite. A glare reduction
plan will be implemented to reduce light between the hours of
Spm and L?al'll.
c. FINDING: The project as proposed includes techniques and
•. if'if? t A!' -,;: -, ' -,_ol>.......-
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procedures to reduce this potential impact to an acceptable
level.
o. MONITORING: The City of San Jose ano the LEA ~ill enforce
the imr-lementation of the improvements at the Kirby canyon
landfill.
27. a~ IMPACT: Light and glare created by night operations at the
station.
b. MITIGATION: Light should bE. directed do ..... n ... ard to avoid anr
impact to surrounding land l.lses.
c. FINDING: The project as proposed i~cludes techniques and
procedures to reduce this potential impact to an acceptable
level~
d. MONITORING: The Building
en9'ineering design plans to
requirement.
Department .-ill
ensure compliance
review
.. lI'ith
the
this
28. a~ IMPACT: Visual impa:;:t to recreationalists at the l-avee-s
north of the site and futul,.-e park users from constr..tction anc
station operation.
b. PARTIAL MITIGATION OR AVOIDANCE: The proposed SMaRT st.ati~n
is screened from view on the west, south and east by the
Sunnyvale landfill nd the WPCP. It is visible from the levees
to the north. The sensitive receptors near the SMaRT include
users of the Tvin Creeks Soft:ball Facility: users of the
future park (to be built OD the Sunnyvale landfill);
recreationalists using leve-a::;. north of the project; and
employees in the office/industrial park along the south side
of caribbean. of these rec@ptors only the recre:ationalists
using the levees to the north of the landfill "'·ould. be
impacted. A screening fence and landscaping is proposed along
the northern boundary cf the site to help reduce tee i!!:pact to
the levee area.
c. OVERRIDING CONSIDEP.ATIONS: The alternativ£s considered in
the or-aft EIR are .No Project, an alternative transfer station
site and an alternative 13.ndfill site.
The closure of the City of SunnY' ... ale landfill is imminent.
Additionally, the closure of the City of Mountain View and the
Palo Alto landfills indicate the need for a long term solution
to the municipal solid ~aste problem.
It this project is not approved. the City of Sunny-...·ale
together with the cities or Mountain vie ... • and Palo Alto .. ·ould
need to haUl solid ~aste directly to the Kirby Canyon
Lar.dfill, expand their existing landfills or siting a transfer
station at another-location. Direct haul to Kirby canyon
would increase the number of trips to the landfill by 12-fold,
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siqnificantly impacting .air quality and energy
recycling o~ solid vaste delivered to SMaRT would
thus defeating the goal of reducing the amount of
to landfill.
use. The
not occur,
'Waste sent
It is possible for the three cities to e~?and their current
landfill capacity.. Ho\{ever, this 'Would only provide 2.7 years
of additional landfill life in Sunnyvale, 5 years in Mountain
View and 10 ye~rs in Pale Alto.
Numerous alternative transfer station sites 'Were considereQ
early in the planning stages of this project.. This effort
effectively demonstrated that the proposed combination of the
SMaRT station and disposal at Xirby canyon is a feasible,
cost-effective solution which can be i~plemented in a timely
manner~ Now tbe numl:;ler of sites available for a transfer
station is extremely limited. Of the four alternative sites
or-iginally considered only one, the Los Altos Sewage Treatment
Plant is currently unutilized~
Other existing landfills that coul~ be alternatives to Kirby
Canyon include: Newby Island, Guadalupe, O'wens-Corning,
Pacheco Pass, All-Purpose and Zanker Road. Newby Island is
the principal alternative .. GuadaluPe, OWens-corning, Facheco
Pass, All-Purpose ana Zanker Road are all unsuitable
alternatives because: l)they have insufficient capacity for
long-term disposal; 2) their service areas are already
commi tted and expansion of service is not practical or
politically opposed; and 3) they are not permitted for such
incr~ases in waste disposal or are relatively near closure.
Theoretically. there are is lnuc.ber of potential landfill Which
could be d.eveloped to meet the needs of the needs of this
project~ However the time required to permit and prepare such
facilities makes this option remote and speculative.
Fo~ these reasons the SMaRT station/Kirby Canyo~ project has
be en pur-s"lled.
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, 50614.'
AGREEHEll': EEnEEli
THE cur OF PALO AL'I'O
AND
WASTE MANAGEMENT OF CALIFORNIA, INC.
FOR LONG TEKK DISPOSAL or SOLID WASTE
October 7 ~ 1991
III!' ! IF so. _n
AITIICIIMEIIT B
9/2519J
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fULE OF CONTENTS
RECITALS
ARTICLE 1. TERM OF AGREEMENT; CONDITIONS.
1.01
1.02
1.03
1. 04
ARTICLE 2.
2.01
2.02
2.C3
2.04
ARTICLE l.
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09
ARTICLE 4.
4.01
4.02
4.03
4.04
ART~CLE: 5.
5.01
5.02
5.01
ARTICLE 6.
6.01
6.02
6.03
Effective Date. . ...•.
Term. •.•.. ..•••.
EXtension of Term. . . . . .
Conditions to Effectiveness of Agreement.
OBLIGATICNS OF CITY • • • • • • •
Transfer Station. ..... . . .
Delivery of Municipal Solid ~aste.
payment of Disposal Fees.
Unauthorized Waste.
OBLIG~TICNS OF CONTRACTOR
Receipt of Municipal Solid Waste. .
Permits for Use of Oisposal Facility.
Disposal Capacity. . . . . . . . . . .
Transferability Qf Disposal capacity.
Alternative Dispos~l Facility. . .
Disposition of Unauthorized waste.
Oays and Hours of Operation.
Weighing. . .•••.
Lea se Ext en 5 i 011 • . . • . . .
COMPENSATION TO CONTRACTOR
General. . . . . . . . . . .
Disposal Fee; Adjustments ..
Etfe~t of Future Requlations
Billinq and Payment Procedure.
!NDEM.'ilTY, INSURANCE, BOND
Indemnification. . .
Insurance. . . . . .
Faithful Pertorroance Bond.
DEFAULT BY CITY
City Default. .
.Right to Suspend or-Terll".inate Upon
Contractor's Reroedies Cumulative.
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Default.
9/25/91
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5
6
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ARTICLE 7. DEFAULT BY CONTRACTOR •........•.•
7.01 Contractor Default. . •...........
7.02 Right to Sus~en~ or Te~inate Performance Upon
Default. • • • . . • . . . . • . . .
7.03 Right to P'erforlll. ........ .
7.04 city's Remedies CUmulative; Specifjc
Performance. . . " ....
ARTICLE 8. OTHER AGREEMENTS OF THE PARTIES
8.01
8.02
8.03
B.O'
B.05
g.06
8.07
!.OB
8.09
8.10
8.11
8.12
8.13
8.H
8.15
8.~6
ARTICLE 9.
9.01
9.02
9.03
9.04
9.05
9.06
9.07
9.08
ARTICLE 10.
10;6&4.1
10.01
10.02
10.03
10.04
10.05
Reletionship of Parties.
Compliance with Law.
Governin9 Law. . . . .
3arisdiction. . ...
Assiqnment. .••..
Binaing on Successors.
Farties in Interest. .
Waiver. . ....
Notices. . . . .. .
Representatives of the Parties. .
Duty of C~n~ractor Not To Oiscri~inate.
Force Majeure. . . . . . . . . . . . . . . .
Right to Inspect Disposal Facility ana Records.
Right to Demand Assurances of Performance~
Guaranty of Contractor's Perfo~ance~
Waste-to-Energy Facility.
MISCELLANEOUS PROVISIONS
Exhibits. .. r .. ~
Entire Agree~ent ..
Section HeaQin~s.
Interpretation ..
Amendment ......
Severability ..
Attorneys' Fees ...
References to Laws~
REPRESENTATIONS AND WARRANTIES OF CONTRACTOR
Corporate Status. .. . . .. . ..
Corporate Authorization.
Statements and Information in
Status of Disposal Facility.
Closure of Disposal Facility.
ii
Proposal.
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2.
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26
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27
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30
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31
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32
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32 '-.
EXHIBIT A
EXHIBIT A-l
EXHIBIT B
EXHIBIT C
EXHIBIT 0
EXHIBIT E
EXHIBIT F
EXHIBIT C'
EXHIBIT H
EXHIBIT I
lin Ql !:DIBUS
List of Allocation Quantities
List of Allocation Quantities for Option Term
Transfer Station Development Work and Costs
Permits and Permit Amendments
City's Hazardous Waste Policies
Standards for Lining the Disposal Facility
Arbitration Procedures
Performance Bond
J·Ot'lll of Guaranty
Waste Management Letter to City (~pril 30, 1992)
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AGREEXENT BETWEEN
'1'IIE CITY OF PALO ALTO
AND
WA8~E KANAG~ENT OF CALIFORNIA, IKC.
lOR LONG TERM PISPOSAL OF SOLID W~STE
THIS AGREEMENT is made as of this 7th day of OCtcbe~~
1991, by and betveen the CITY OF PALO ALTO, a municipal
corporation (hereinafter referred to as ~City") and WASTE
HAN~GEM~~ OF CALIFORNIA, lNC., a California corporation
(hereinafter ref~rred to as "Contractor").
CApitalized terms used ira this Agreement without
definition have the meanings specified in App~ndix 1 to this
Aqree.ment.
RECXTl.LS
This Agreement is entered into with reference to the
following facts and circumstances:
A. The facilities currently in use by City for disposal of
solid waste have limited remaining capacity.
B. In October, 1987, City, together with other cities in
Santa Clara county~ issued a Request for Proposals for lo~q term
solid waste disposal c~pacity.
C. On November 18~ 1987, Co~tractor submitted a detailed
proposal to, among other things, provide long term disposal
capacity at Kirby Canyon Recycling and Disposal Facility {the
-Disposal Facility").
O. City and Contractor vish to proceed with errangements
for the long term disposal of certai~ of t~e solid waste
generated within City at the Disposal Facility on the ter~s and
conditions set out in this Agreement.
NOW, THEREFORE, in consideration of the mut~al
promises, coyenan~s, and conditions contalned in this Agreement
and for othe~ gGOd and valuable consideration, the parties agree
as fellows:
156100 .1
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ARTICLE 1. TEEM OF AGREEMENT; CONPITIONS.
l~Ol Effective pate. The effective date of this Aqraemen~
shall be OCtober 15, 1991 (the NEtt~ctive Date").
1.02 ~. The Term of this Agreement shall be (a) thirty
{JO) years from the Effective Date or (b) upon full utili~ation
of City's Allocation Quantity, ~hichever occurs first (the
~Term"J. The Term shall comm~nce on the Effective oate.
1.03 Extension of Term. In the event Contractor is able to
negotiate an extension of the term of the lease for the land on
which the Disposal Facility is located (as more particularly
described in Section 3.09), City shall have the option to extend
the Term for an additional period of up to ten (10} years, vpon
t~e same terms and conditions as containea in this Agreement.
city may exercise this option by delivering to Contractor a
~itten notice stating that it elects to exter.d the Ter~ and
specifyinq the length of the extension. S~ch notice shall be
delivered one year before the expiration of the initial JO-year
Term or upon consumption of ninety-six '96) percent of City's
Allocation Quantity, whichever occurs first. Contr~ctor ~ill
notify City when City has consumed 95\ of its Allocati~n
Quantity. In the event City fails to deliver the noti~e required
by this Section: the Term shall automatically expire as provided
tor in Section 1.02.
1.04 Conditions to Effectiveness pf Agreement.
A. conditions to City's Obligation. The obligation
of City to perform unQer this Agreement is subj~ct to the
satisfaction on or before the Effective Date of pach and every
one of the conditions set forth below~ each of ~hich may be
vaived in whole or in part by City:
1. Accuracy of R~.p1-"esen:ti!JIt ions.
representation~ anQ warranties mad~ by Contractor
of this Agreenent shall be true gnd correct as of
Date.
The
in Article 10
the Effective
2~ Absence cf Litigation. There shall be no
litigation pending in any court challenging the execution of this
Agreement (or of the companion agreements by any of the other
Pdrticipating Agencies). or seeking to restrain or enjoin its or
their performance.
). Furnisl'ling of Bonds and InSura[l_~~.
Ccntractor shall have furnished the performance bond required by
Section 5.03 and evidence of the insurance policies required ~y
Section 5~02.
1S6&4.1 2
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4. Execution of A~ents Bv ParticiDat~ng
Agencies. Each of the other participating Agencies shall have
executed ~n agreement in substan~ially the form of this Agreement
co~ittin9 to deliver their MuniCipal Solid Waste to the Transfer
station and Disposal Facility, to the extent of the Allocation
Quantities for each Pa~ticipatin9 Agency as set forth on Exhibit
A.
B. Conditions to contragtor's Obligation. The
obliqation of Contr~ctor to perform under this Agreement is
subject to the sa~istaction on or before tMe Effective Date of
the follo'Winq conditions, each of which may be ""aived in .. hole or
in part by Contractor:
1. Execution of J>gr~ements By Participating
Agencies. Each of the other participating Agencies shall have
executed an agreement in substantially the form of this Agreement
committing to d.eliver the.ir Municipal Solid waste to the Disposal
FaCility, to the extent of the Allocation Q~antities f~r each
Participating Agency as set forth on Exhibit A.
2. Absenc~ Qf Litigation. There shall be no
litiqation pend.inq in any court challenging: City's execution of
this Agreement (or of the companion a9ree~ents by any c£ the
other Participating Agencies), or seeking to restrain or enjoin
its or their performance.
In the event that any condition set forth in this Section 1.04 is
not satisfied or waived by the party benefited by the condition
on or before the Effeotive Date~ this Agreement shall be Void and
shall have no further £orce or effect.
JL~TICLE 2. ~_~IGATIONS OF CITY
A. Operation. The parties recognize that Municipal
Solid Waste from City and the other Participating Aqencies is to
be delivered to the Disposal facility in Transfer Vehicles.
Municipal Solid Waste from City and the other Participating
Agencies will initially be deliver-ed to the Transfer Station.
where Recyclable Materials ~ill be removed. The residue ~ill be
delivered to ~he Disposal Facility.
s. Construction. 7he City of Sunnyvale ("Sunnyvale")
has certified a Final Environrnen'tal Impact Rep·;)rt ("FErR") on the
Trans£er Station but has not selected a company to construct and
operate it. The companion agreement which has been entered into
between sunnyvale and Contractor describes, in Section 2.01.e.
,. .... 1 , 91'5/91 ~
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the process Yhich Sunnyvale ~ill follow in s~lectin9 such company
and deciding vhether to award a contract for constrllction and
operation. Exhibit B lists certain expenses advanced by
contractor .. hich Sunnyvale "'ill arrange to be r-efunded to
Cont?act~r it Contractor is not selected to constr~ct and operate
the Trans.fer Statian. City and Contractor hereby ackno ..... ledge a.nd
aqree that City has no responsibility to Contractor, nor
undertakes any liability for, the design, construction or
operation of the Tr!l.nsfe:r station, including but not limited to:
(i) Su..""lnyvale's process of a",'ardinq a contract or contracts £or
the construction and operation of the Transfer Station; {ii} if
applicable, Sunnyvale's election not to so award such contract or
contracts; and (iii) the actual time frame under which the
Transfer Station is constructed.
If Sunnyvale elects to terminate its egreement vith
Contractor and does not avard a contr3ct for construction and
operation of the Transfer Station by May 15, 1992 1 city may
terminate this Agreement, in ·.:hleh case neither party , .. rill have
any further rights against or obli~at:ons to the o~her~ Such
termin8tion will beco~e effective upon delivery by city of
written notice therecf to Contractor. If Sunn)~ale elects to
terminate, City may ,hut need not) atte~pt to develop different
arrangements for construction of a Transfer Station, either
unilaterally or with Moun~ain View, i~ order to utilize the
r-eservation and commitment of capacity at the Disposal Facility
made by Contractor in this Ag~e~ment (the ~construction
Alternative·)~ City ~ust notify Contractor in writing whether it
intends to proceed on this hasls ~ithin six ~onths after May 15,
1992~ The noti.ce must specify (e.) ",,-hether City is proceeding
alone or 'With Mountain View; (bl "'here the alternative Transfer
Station is proposec:! to be located; and Cc) ... ·her. construction of
the alternative Transfer station is expected to begin ana to be
completed~ In order to keep this Agreement in effect under the
Construction Alternative, City must ca) agree to complete the
Transfer Station by June 30, 1995; 'bi pay the Dis~o5al Fee for
the Minimum Quantity (i.e,. 75\ of its annual Allocation
Quantity) as provided in section 4.01, commencing July 1, 19~J;
{C) cc~encin9 on 3anuary 1, 1994~ pay, in addition to tne
Disposal Fee, an interim surcharge to cover contractor's actu~l
additional costs attributab~e to the delivery of Municipal Solid
Waste in collection vehicles rather than Transfer Vehieles; and
(d)" assume all the respoT1.sibilities and obligations 'Which
Sunnyvale ,,"ould nave })ad toward Contractor · .. ·i th respect to tlle
operation of the Transfer Station under Sunnyvale's agreement
~ith Contractor, including but not li~ited to Sections 1.04.8.2,
2.04, 3.06 and 3.0! of that Agreement. 1£ City elects to proceed
with the construction Alternative: Cal references to the
WTranster S~ation· ~ill be deemed to be to th~ tr~nsfer facility
utilized by City, ~hErever located; (b) not~ithstandinq the
referenee to January 1, 1994 in Section 3.01, Contractor .. ill
permit City to direct haul to the Disposal Facility fron July 1,
1993 to June 30, 1995 j to the ~axjmum exte~t legally allo~ed; and
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(::) City's failuz:e to complete the alternative Transfer Station
by June 30, 1995 J as provided above, ~il1 constitute ~ breach of
this Agreement.
It Sunnyvale does a~arQ a contract fer construction and
operation of ~~e Transfer St~tion by May 15, 1992, but the
Transfer Station is not completed by July 1, 199J, then City may
directly haul its Municipal Solid Waste to the Disposal Facility
in collection vehicles until January 1, 1994, ~s provided in
Section 3.01 and subject to the conditions in that Section.
2.02 Delivery of Municipal Solid Waste~ S".lbject to the
other prOVisions of this Agreement, City shall, commencing on
.July 1, 1993, deliver or cause to be delivered to the Transte-r
station Municipal solid waste collected by its D~signated Hauler
(or by any other waste collection co~p~ny or companies which may
operate under a franchise, contract or license through which City
controls the location at which such waste is dispos~d and
receives revenues from the company) sufficient to result in the
ultimate delivery to the Disposal Facility of Municipal Solid
Waste equal to the annual Allocation Quantity for City shown on
Exhibit A. Not~ithstanding the foregoin9 sentence, city will not
be in b~each of this Agreement Even if the amount of City's
MuniCipal Solid Waste delivered to the Disposal Facility is less
than the annual Allocation Quantity [or City shown on Ex~ibit A~
or if the aMount of Municipal Solid Waste delivered to the
Disposal F&cility is less than the total annual Allocation
Quantity for all three partiCipating Agencies shown on Exhibit A,
50 long as City pays (through the ~I'ran5fer Station Operate::-or
Sunnyvale) the Disposal Fee due Contractor for Municipal Solid
w~ste actually delivered to the Disposal Facility attributable to
City, including its share of the Disposal Fees, if any, due
pursuant to section 4.02.A for delivery of the Minimum Quantity
due for all three Participating Agencies.
It is the understa~dinq of the parties that City and
the other Participating Age~cies ~ill continue to develop and
participate in recycling programs ~ithin their jurisdictions
vhich are likely over time to reduce the amount of Municipal
Solid Waste available for delivery to the Disposal Facility, and
nothinq in this Agreement shall restrict City from any such
recyclinq activities.
City and Contractor hereby ackno~ledge and agree that,
except as mey other.ise be expressly provided in this Agreement,
City has no responsibility to contractor, nor undertakes any
liability for, delivering or causing to be delivered to the
Disposal Facility any Municipal Solid Waste delivered to the
Transfer Station from any source, unless it elects to develop an
alternative Transfer Station under Section 2~Dl.B.
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2.03 Payment of pisposal Fees. City st.all pay (through the
Transfer Station Operator Qr Sunnyvale); ~hen due, the Disposal
Fees provided for in Article ~.
2.04 Unauthorized Waste, city h~s adopted proqra~s and
policies designed to exclude the introdu~tion of Designated Waste
and Hazardous Waste into the ~rdinary ~aste stream and thus its
delivery to the T~ansfer station. These rrograms and policies
are more particula~ly describe~ in the attached Exhibi~ D. City
shall maintain these programs and pclicies in effect and will use
good faith efforts to imple~ent them, to enforce their use by the
Designated Hauler; and to encourage their U5e by city residents.
ARTICLE 3. OBLIGATIONS OF CONTRACTOR
3.01 Receipt of Municipal Solid 1o.'cste. During the Term of
this Agreement; a~d subject to the li~itations set forth in this
Agreement, Contractor shall receive, accept and lawfully dispose
of all Mun.icipal Solid Waste delivered to the Disposal Faeility
from the '!'ransfer station either by the Transfer Station
Operator, or by another designee of City. Cop.tractor shall not
be obliqated to accept Municipal Solid waste ~hich is not
delivered to ~he Dispos~l Facility in Transfer V~hicles.
Notwithstanding the foregoing, in the event that the Transfer
Station is not completed by July 1, 1993. Contractor shall accept
Municipal Solid Waste delivered by City in solid waste collection
vehicles operated by City or its Designated Hauler for a period
not to exceed six (6) months after July 1, 1993i provided that
doinq so will not vlolete any permits or approvals t~en in effect
tor the Disposal Facility.
3.02 Permits for Use of DisPQ_sal Facility.
A. ~lication for Permits. I~mediately after the
Effective Date, Contractor shall apply for all permits an:::!
approvals from federal; state, regional and local q~vern:ments
necessary for the receipt of Municip31 Solid Waste from City and
the other PartiCipating Aqencies at the Disposal Facility. in the
annual quantities and ~t the daily flow ~ates and times of day
contemplated by thiS Aqreement and the FEIR; includinq any
amendments to the santa Clara County Solid Waste Management
Program and the amendments identified in Exhibit C. Contractor
shall diligently pursue all such permits and approvals.
Contractor shall .keep City tully inforIt<ed of its progress in
securing such permits and approvals and shall send City copies of
all permit applications ana correspondence to and from permitting
agencies. Con-cractor shall also provide City ""ith a monthly
st~tus report on such permit applications~
B. TerninatiolL_Rjs1::t1;~. If contractor deliVers the
lette.r to the City of Sunnyvale described in Sectior. :2 D1 B 3 of
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the comp.Il.nion Aqreement bet.'een Sunnyvale and contractor, it
shall also concurrently deliver a sub5tan~ially similar letter to
City, in the form of Exhibit I. lrl the event that Contractor has
eecured all such permits and approvals by April 30, 1992 and so
certifies to City on or before that date~ in the form of the
letter attached as Exhibit I, al'Jd Sunnyvale has r.ot, by May 15,
1992, ~~arded a contract tor the construction of the Transfer
Station, and Contractor exercises its right to terminate its
contract with sunnyvale, th~n City may terminate this Aqree~ent
or may exercise its option under Section 2~Ol~B~ City shall
notify Contractor of its election 'W'ithi!". six months after May .15,
1992; failure to deliver sucn notice shall constitute a decision
by City to termina.te this .Aqree!nent~ In the event of su::.:h
termination, neithe:r party 'Will have an~t f"olrther r-iqhts against
or obligati.ons to the other.
If Sunnyvale commences construction of the Transfer
Station, but does not complete it so that Municipal Solid Waste
delivered to the Transfer Station can be transferred to Transfer
Vehicles for delivery to the Disposal Facility by six months
after July 1, 1993 and this delay is the result of Sunnyvale's
failure to diligently pursue its cQr.struction, and Contractor
exercises its riqht to terminate its Aqreernent 'With Su"nyvale,
then Citj or contractor may terminate this Ja.gre~!!l'Lent upon written
notice to the other delivered ~ithin ten (10) business days atter
January 1~ 1994. In the ever.t of such ter1!1.i!'lation, City will net
be responsible for payme~t of the Disposal Fee for the Minimum
Quantity for 1933 or thereafter~
Alternativel z·, if Co::"".troctcr does not terminate its
Agreement with Sunnyvale, it shall extend the City's right to
direct haul to the Disposal Facility in collection vehicles for
the same length of time as it allows its Aqreemer.t with sunnyvale
to remain in effect~ up to and including JUMe 30~ 1~95, in which
case the interim surcharge provided for in Section 2.0l.8 ~ill
become operative on January 1, 1994. City may not terminat~ this
Agreement so long a3 Contractor has not terminated its Agreement
""ith Sunnyvale and is read.y, willing and i!lble to accept Municipal
Solid Waste from City in collection vehicles. If the Tr~nsfer
Station is net in operation by June 30, 1~95~ then either City or
Contractor may terminate this Agreement. In the event of such
term:ination~ neither party .'ill have any further rights against
or obligations to ttJe other, e>:cept for such rights and
obliq3tions as may arise from the delivery of Municipal Solid
waste by City to the Disposal Facility bet.".een July 1, 1993 and
.june JO~ 1.995.
c. Maintenance of Penr.its. Contractor shall keep in
force and conply ... ·ith the terms of all s!J:::h permits and approvals
necessary for the continued use of the Disposal Facility
throughout the Term for receipt of Municipal Solid Waste from the
Transfer Station at the annual volume$ a;nd da i 1:,' flo ... rates
contemplat~d by this Aqree~ent an7d the FEIP. Contractor shall II~
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9ive city immediate notice of any propos~d amendment cr
alteration of such permits or any new p~rmits required, the terms
of which 'a'Quld prevent or interfere with the performance of its
obligations ui'tder this Aqreelt€!nt. and shall resist such permit
amendments through all available administrative procedures, not
including the initiation of liti9ation. In the event that such
permit ~mendments occur despite Contract~r's efforts to resist
them, contractor sh~ll not he in breach of this Agreement if
Contractor complies vith such permit amendments in contravention
of this Agreement.
3.03 aisposal Capacity. Contractor shall reserve for and
provide to city the areount of disposal capacity at the Disposal
FacIlity necess~ry to ecco~~odate City's annual Allocation
Quantity. city may deliver more than the annual Allocation
Quantity shown on Exhibit A in any year, subject only to
limitations imposed b}' pennits for Kirby can}'on and payment of
its share of the Excess Quantity Di~posal Fee, if such fee is
applicable under Section 4,02.A~
3.04 Transferability of Disposal Capacity. City may at any
time and from time to time during the Term transfer all or any
portion of its Allocation Quantity to any municipal corporation
~nich is also contracting with Sunnl~ale for use of the Transfer
Station, including, but not limited to, ong or more of the
Participating Agencies. Such transfers are not subj~ct to the
approval of Contractor. City shall, hc~ever, give notice to
Contractor of all such transfers, indicatirJ9 the name of the
transreree ~unicipality, the amount of the Allocation Quantity
transferred to it, and the date on whi~h such transfer becomes
effectiVe.
3.05 Alternative Disposal Fa~j~. Except as provided in
section 8.02.8, if cor.tractor-is unable to accept and dispose of
Municipal Solid Waste delivere:d by the Transfer Station Operator
to the Disposal Facility for any reason, then Contractor shall,
at Contractor's election (1) pay the actual additional costs
incurred by City for transport in excess of the cost of transport
to the Disposal Facility, or (2) arrange for transport of all
such Municipal Solid Waste at the $ame cost t~ City charged by
the Transfer Station Operator, in either case to another fully
licensed disposal site to be made available by Contractor. There
shall be no change in the Disposal Fee as a result of Euch
alternative disposition of Municipal solid W~ste and the
provisions of this Agreement shall continue in full force and
effect notwithstanding such event.
3.05 pisposition pf Unauthorized Waste. Contractor may
reject material proposed to be deposited frOM Clty by the
Transfer Station Operator if it does not constitut~ Municipal
Solid Waste, or otherwise :f,ay not be accepted or disposed of at
the Disposal Facility unaer the applicable permits and
requlations then in effect, in which case Contractor may reqUirt:r_
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the Transfer Station Operator to remove the material from the
Disposal Facility. Contractor shall ~ake the initial decision as
to whether material proposed to be deposited at the Disposal
Facility is acceptable aJ"'.d s'hall be solely responsible for
mat~rial which is accepted. If Contractor discovers among
materials which it has allo~ed to be deposited at the Disposal
Facility unauthorized waste which it may not dispose of at th~
Disposal Facility. it shall dispose of such vastes in a proper
manner at its own expense. contractor may charge the Transfer
station Operator for the costs of testing and disposing of such
unauthorized waste. Contractor shall enforce a Hazardous Waste
~xclusion program at ths Disposal Facility in a uniform and
nondiscriminat~ry manner as appliec to Municipal Solid Waste
delivered to the Disposal F~cility from the Transfer station a~d
Municipal Solid Waste delivered to the Di&posal Facility from all
other sources.
3.07 Days and Hours of operation. Contractor shall operate
the Disposal Facility for the receipt of Municipal Solia Waste
from the Transfer Station Operator on a daily and hourly sch~dule
in accordance ~ith applicable permit requirements. Contr~~tor
shall apply for and diligently pursue permits allo~ing operation
of the Disposal Facility bet~een the hours of 12 midnight a~d
5 p.m. daily.
J.08 Weighing.
A. Maintenance of Scale Systems. Contractor sball
install, operate and maintain an adequate scale system at the
Disposal Facility. All scales and ~ei9hing equipment shall be
kept in qood and accurate condition operatinq at the standards of
accuracy and reliability specified in Title 4, California Code of
Re~ulBtions Division 9. Contr~ctcr shall request that the
California Dep~rtment of Food and Agriculture, Division of
Measure~ent Standards, inspect all scales and weighing equipment
at least once per year. If a scale or tJeighing equipment is
found to be D2asurinq inaccurately and the errors are outside the
tolerances allo~ed in Title 4, california Code of Regulations,
Division 9. Contractor shall p~omptly repair or recalibrate such
equipMent so that it does operate accurately~
e. [stabl ishment of Vehic;:J .. es' Tan: Weights4 No later
than thirty (30) days before Contractor beqins to accept
Municipal Solid Waste at the Disposal Facility~ Contractor shall
~ei9h each Transfer Vehicle which vill or may be used to deliver
Municipal Solid Waste to the Disposal fecility. to determin~ its
unloaded '~t~re") ~eiqht. The tare ~eight of each vehicle shall
be recorde~ by City or company name and vehicle number and the
tare weights of all vehicles shall be furnished to City ~ithin
thirty (JO) days after each vehicle is ~eighed. Co~tractor shall
be responsible for coordinating the veighing of vehicles with the
Transfer Station Operator. When additional or replacement
vehicles are placed into service by the Transfer Station
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Operator, ~nd when Sunnyvale changas its Transfer Station
Ope.rator, Contracto,r shall pron1ptly loIeigh siJch addit.ional and
replacem~nt vehicles and the vehicles of the new Transfer Station
Operator and providE' the tare weights to City ... ·ithin thirty {30)
days after the vehicles are weighed. All weighing shall be
conducted in accordance with Contractor's standard procedures, a
copy of which shall be supplied to City and updated from time to
time. Contractor shall have the right to conduct ranaom re
'Weighing of all vehicles. provided that re-weighing of any
vehicles shall occur no more than twice a year. Adjusted tare
'Weights shall be furn.ished to city 'Iio'ithin thirty pO, days after
re-weighinq. Not~ithstanding the foregoing, contractor may, at
its election, requ.ire the Transfer Station Operator to estahlish
tare weiqhts on all Transfer Vehicles.
C. Weighing of Munieipal Solid Waste. Contractcr
shall, at its election (1) ~eigh all Municip31 Solid waste
delivered to t_he Disposal Facility by the Transfer Station
operator; or (~) require the Transfer Station Operator to ~eigh
all MUl'licipal Solid Waste at th'i! Transfer station prior t:>
transport to the Disposal Facility and to deliver to the Disposal
Facility eviclence of such weight in IS form reasonably
satisfactory to Contractor. If Contractor elects to ~eigh
Municipal Solid Waste at the Disposal Facility, the Participating
Agencies m~y nonetheless require the Trans!er Station operator to
weigh MuniCipal Solid Waste ~t the Transfer Station prior to its
aelivery to the Disposal Facility. If there is a discrepancy of
more than one percent {l.Ot} bet~een the ~eights of Transfer
Vehicles recorded at the Transfer Station by the T~ansfer Station
Operator and the same Transfer Vehicles recorded by Contr~ctor
upon their arrival at the u~sposal Facility; tha Participating
Agencies may inspect the scales at the Disposal Facility and
ot-serve the 'Weighing and recording process at the Disposal
Facility in orde:r to determine the cause of the discrEpancies and
ensure accurate weighing and recording of weights of MuniCipal
Solid Waste. The Participating Age~cies may test the scales
during business hours and ""ithout causing a material disruption
to the flew of traffic at the ~isposal faeility. If the scales
are ~ithin the tolerances allowed by the regulations referred to
in Section J.08.A, the Partieipating Agencies shall pay the cost
of the testing and calibration. If the scales are outside those
tolerances, the Contractor shall adjust the scales to bring them
~ithin those tolerances and pay for the cost of testi~9 and
c~libration.
D. Cubic X_~X~d -Ton Convers:l.or,s. If the scales and
weighing equipment at both the Transfer Station and the Disposal
Facility are temporarily out of service, contractor shall neasur~
and record the amount of Municipal Solid Waste delivered to the
Disposal Faeility~ by the Tra~sfer Station Operator, in cubic
yards. CUbic yards shall be con\'erted to Tons tor purposes of
payments d~e under Article 4 by utilIzing conversion factors to
be mutually agreed to between Contractor and Sunnyvale ~ithin
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nin~ty (gO} days after the Transfer station begins operati~,
subject to arbitration in accordance with the procedures set
forth in Exhibit F. It the scales at both the Transfer Station
and tha Disposal Faciiity ar~ out of service tor more than !orty
eight (4S) hours, Contractor shall promptly supply tempo,ary
substitute scales, rather than continuing to use the conversion
factors4
3.09 Lease Extension. Contractor shall use its best
efforts to negctiate a lease extension with the owner of the land
on which the Oisposal Facility is locate~ of sufficient length to
allov City to exercise its option under Section 1"0). Contractor
shall keep City informed on a regular basis as to the progress
of such negotiations.
ARTICLE 4. COMPENSATION TO CONTRACTOR
4.01 General. The payments provided for in this Article
are the full, entire and complete compensation due to Contr~ctor
from City {through Sunn}'"Vale or the rransfer Station operator)
tor furnishing all labor, equip~~nt, &aterials ~~~ supplies and
other things necessary to perform the services required by this
Agreelrlel'lt in the manner and at the time prescribed, and
fulfillinq all of Cvntractor's obligations under this Aqreement.
Such payments shall inchlde all costs for the items :me.ntioned
above and also for all taxes, insurance, bonds. overhead, profit
and all other costs necessary to perform the services in
accordance yith this Agreement.
4.02 ~posal Fee; Adjustments.
A. Di~pos~l Fee. Commencing upon July 1, 1993, City
shall pay to Contractor (through sunn}~ale or the Transfer
Station Operator) a Disposal Fee of $21.99 per Ton, adjusted
as provided in S~ction 4.02.C (plus taxes and fees. as providea
in Section 4.02.S), for all Municipal Solid Waste disposea
of at the Disposal Facility which was generated within City
and transporte~ to the Disposal Facility by the Trar.sfer
Station Operator4 Notvithstanding the foregoing, in the event
City and the participating Agencies deliver to the Disposal
Facility less than seventy-five perce~t (75~) of their aggregate
annual Allocation Quantity (the "Minimu~ Quantity"), City shall
pay its share of the Disposal Fee (but not the taxes and fees
described in Section 4.02.B) calculated as tho~gh City and the
Participating Agencies had delivered the Minilfl).l~ Quantity to the
. Disposal Facility. Also not .. rithstanding the foregoing, in th'2
event city and the other participating Agencies deliver to the
Disposal Facility more than one hund~ed ten percent (110t) of
their aggregate annual Allocation Quantity and City or the
Participating Agencies tlBve transferred mare than ten percent
(10%) of their aggregate annual Allocation Quantity to any
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municipal corporation ot.her th8n one of the Participating
Agencies$ then the Disposal Fee for that amount of Municipal
Solid Naste delivered which is in excess of one hundred and ten
percent (110') of the 8qqreqate annual Allo~ation Quantity (the
-Excess Quantity·) shall be $24.6) per Ton, adjuste~ as provided
in Section 4.02.C (plus taxes and fees, as provided in Sectio~
4.02.B). All references to ~Disposal Fee" in this Agreement
shall include both the basic Ojsposal Fee and the Excess Quantity
Disposal Fee.
B. Taxes &nd Fees. In addition to the Disposal ree,
City shall pay to Contractor (through Sunnyvale or the Transfer
station Operator) the follovinq taxes and fees:
• City of San ~ose Business Tax (currently
$3.00 per Ton)
• ~E~stin Tax· imposed pursuant to Public
Resources Code section 46801 (currently
estimated at $0.60 per Ton)
• Santa Clara County Planning Fee {currently
$0.15 per Ton)
• Sa:;ta ,Cl~ra County Inspection Fee (currently
$0.29 per TOn)
• City of S4n Jose Inspection Fee (currently
$0.24 per Ton)
• "Sher Tax~ imposed pursu4nt to Public
Resources Code Section 46000 (estimate~ to be
$1.00 per Ton as o£ July 1, 19S1)
• City of San Jose A.B. 939 Fee (currently
$0.25 per Ton)
Contractor shall pay all such fees and taxes to the agencies
'Which levy them. When Contractor prepares its year-end financial
reconciliations p~rtainin9 to the San J~se Business Tax and the
Eastin Tax, it shall send a copy of such reconciliation to City
and the Transfer Station Operator. City is to be billed {through
the Transfer Station Operator, as described in Section 4.04) only
f~r taxes and fees actually paid by Contr~ctor to the le~~ing
agencies and shall be reimbu~sed for its p~o rata share ot any
~ef~nd or rebated overcollection of tax; provided that,
Contractor shall have the right to bill City (through the
T:ansfer St~tion Operator or Sunn~~ale) in advance so th~t City's
payments of taxes and fees are made concurrently with the due
date for payment to the applicable qovernmental agency. If a new
tax o~ governmental fee of a similar nature to the foregoinq
taxes and fees {i.e., one imposed on the business of disposing of
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Municip~l Solid Waste) is enacted on or imposed after the
Effective Date of this Agreenent, then City's obligation to pay
taxes and tees shall be increased as of the effective date of the
new tax or fee. If the amount of the taxes and fees listed above
increases or decreases from the am~unts currently (or estimated
to be) in effect as set forth above. the City's cbligation to pay
taxes and fees shall he increased or dec~eased ~c~o~dingly as of
the effective date of the change in the tax or fee~ Contr~ctor
shall use reasonable efforts to give city advance notice of any
new tax or fee or ar.y change in tax or fee.
c. Annual Adiust1!'.ent. 'The Disposal Fee set forth
above shall ~ adjusted as of July I, 1992 and annually
the~eafter to reflect changes in the San Francisco-Oakland-Sa~
Jose Metropolitan Area Consumer Price Index (All Urban Consumer$j
1982-84 ~ 100) compiled and published by the United states
Department of Labor. Bureau of Labor statistics. The Index level
~s of May# lS91 {lJ6.2J shall be th~ Base Index. 'The Disposal
Fee shall be aajusted on July 1, 1952. for example. by
multiplying $21.99 by one plus the percentage change from the
Base Index to the Index le .... el as of May# 1992.
D. Comparable r-es. If Contractor enters into any
agreement or arrangement with any other Person with an Allocation
Quantity equal to or less than citY'5 1 under which such Person is
allowed to deposit Municipal Solid Waste at the Disposal Facility
for a fee or charge which is less than the Disposal Fee then
charged to City pursuant to Section 4.02.A (as adjusted pursuant
to sections 4.02.8 and 4~D2.C). then City shall not be required
to pay a Disposal Fee in excess of the amount of such lesser fees
or charges. for so long as s~ch lesser fee or charge is in
effect. This paragraph is not intended to apply t~ charges
imposed by Contractor on solid waste delivered to the Disposal
Facility by Contractor. or by companies owned and controlled by
Contractor. Wast~ Management of North Americ~, Inc~, or Waste
Management, Inc. so long as the solid waste so delivered is not
collected. transpOrted or othen'ise handled pursuant to a
contractual relationship which. either directly or indirectly,
secures disposal capacity at the Disposal Facility and ~hich is
between the company deliverinq the waste to the Disposal Facility
and a city. county. district or other ~litical subdivision.
E. Credit for Tcmnagg Paid for Under Min imul'!1 Qu_~
Provisions. If City pays for any Tons ~~ich are not physically
delivered to the Disposal Facility, pursuant to the Minimum
Quantity provisions of Section 4.02.A, upon subsequent delivery
of such paid-for but unused portion of its AllOGation Quantity,
city shall receive full credit a9ainst the then-current Disposal
Fee for the .amount previously paid, provided that City may T • .:lt
receive such credit in any year unless and until it has delivered
at least 75 percent of the annual Allocation Quantity specified
for that year.
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4.03 ~ct of Futur~ Regul~ti~
A. General. The Disposal Fee establ ished under
Section 4.02 already includes costs associated ~ith complying
~dth all eX·: . .itinq q'c-vernmental regulations applicable to the
Disposal Favility as of the date (If this "greemer:t, including t."'1e
costs of clc$ure and post-closure ~onitorin9. The purpose of
this Subsectior. is tv specify those governmental requlatio~s
which may tv~ enacted in the future, the costs ot which City will
be responsible fer paying a proportionate share (and the method
by which such proportionate share ~ill be determined) ~nd those
for which it will not be responsible. For purposes of this
Article, the term ~requlations· shall include la~s, requlations,
o~dinances and permit conditions applicable to tt.e Disposal
Facility.
B. costs FOr ~~ieh City ~ill Be Responsible. Clty
will be ~esponsible, and tne Disposal Fee may be increased, for
City's proportionate share, determined as provided in Subsection
4.03.0, of costs {lJ of making modifications at the Disposal
Facility, (2) performing monitoring at the Disposal Facility
ana/or (3) caused directly by or directly necessary for opera
tions at the Disposal Facility which are necessary to comply ~ith
changes in the regulations described in Subsection 4.03.C.l and
other qovernmental regulations enacted after the Effective Date
ana not otherwise excluded by virtue of Subs~ction 4.03.C. This
section is not intended to allow the Disposal Fee to be increased
to cover increased overhead ana general/administrative expenses.
C. Costs for lI."'hich City Will No_t ___ ~_~_ Responsible.
City will not be ~esponsible for,. a~d ~he Disposal Fee vill not
be increased as a result of, a.ny of the following:
1. Costs of compliance ~ith the ~Calderon
Legislation-(fonner California Government Code,. Sections
66796.53 and 66796.54, now C~lifornia Public Resources Code
Sections 45300-04, 45700, Califcrnia Health' safety Code
Sections 40511. 41805.5, and 42311.5, a~d California W~ter Code
Section 13273); ~Proposition 65· (California He~lth , safety
Code, Section 25249.5 ~t ~., and Health' Safety Code Section
25192); the Federal Clean Air Act (42 U.S.C. Sections 7401-7642J
and the california Clean ~ir Act (Health and Safety Code Sections
39000-443';4); the Federal claan Water Act (J3 U.S.C. Sections
1251 ~ ~.); the Porter-Cologne Water Quality Act (California
Water Code,. Division 7, section 13000 et .E.M..); the C.elifornia
Integrated Waste Management Act of 1989 (California Public
Resources Code, Divisions 3C and 31. Section 40000 ~ §£9~'; the
Federal Resourc~ Conservation and R~covery Act (42 U.S.C.,
Section 6901 ~ ~.); the California Hazardous Waste Control Act
(C<!IIlifcrnia Health and Safet:,' Code, Division 20. Chapter 6.5,
Section 25100 et ~.); the Federal Emergency Planning and
Community Riqht to Know Act of 1986 (42 U.S.C. Sections 11001-
11050); the California Ha~ardous Mate~ials Re~ease Response Pl~n
",.,." 14 '/"/91 ~
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and Inventory Act (California Health ,~nd S~fety Code, Division
20, Chapter 6.9S, section 25500 rt ~.); the Califo:.:nia
Underground Storage Tank Act (California Health and Safety code,
Division 20, Chapter 6.95, Section 25500 ~ seo.); the California
Underqround Storage Tank Act (California Health and Safety Code,
Division 20, Chapter 6.7, Section 25280 &t ~.); the California
OCcupational Safety and Health Act (California Labor Code,
Division 3, Parts 1-10, Section 6300 ~ ~.); the Federal
Occupational Safety and Health Act (29 U.S.C. section 651 §t
~.), and the requlaticns adopted thereunder, including bu~ not
li~ited to ~EPA Subpart 0" (40 C.F.R., Parts 257 ~nd 255); B3Y
Area Air Quality Management District Regulation e, Rule 34; Title
14 California Code of P.~gulations; Title 22 California Code of
Fegulations; and ·Subchapter 15-(~itle 23 Califo~nia Code of
Regulations, Sections 2510-2601), as they a~e in effect as of th~
d~te of this Agreement, except that -EPA Subpart DW encompasses
both the regulations in effect as of the date of this Agreement
and the proposed regulations publiShed on August 30, 1988 at
pages 33314-33422 of the Federal Register.
2.
Effective Date, of
maintenance of the
Costs, based on regulations existing as ot the
clcs~re of the Disposal Facility and for
Disposal Facility after it has been closed.
3. Costs of ~ork 01 monitoring due to
Contractor's negligence, active or passive, or intentional
misconduc~, or tines or penalties for vi~lations of law.
4. Costs for Contractor's performance of work for
~hich it is responsible under other provisions of trlis Agreement.
54 Costs of remedial or additional ~ork
attributable solely to Municipal Solid Waste already in place at
the Disposal Facility prior to the Effective Date.
E. Costs for lining the Disposal Facility up to
the technical standards set fortb in Exhibit E~
7. Costs attributable to changi~q the
Classification of the Disposal Facility to allow it to accept
waste other than Municipal Was~e.
D. Proportionate Share. To the exte.nt that the costs
of complying with ne~ly enacted governmental regulations (o~
changes to regulations which can be charged to City) are
attributable to Municipal Solid w~ste already in place at the
Disposal Facility at the time such new regulations are issued.
then City's proportionate share of such costs shall be determined
by ~ultiplyin9 such costs by a fraction~ the numerator of which
is the amount of Municipal Solid Waste then deposited in the
Disposal Facility which ~as delivered by the Transfer Station
Operator on behalf of the City and the ~ nominator o~ ~hich is
the total amou.nt of Municipal Solid ;las;'.'~ then deposited in the /r
15684,.1 15 9/Z5 '91 ~L1
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Disposal Facility t'rom all sources, unless o··;.:her-wise provided for
by the enacted legislation. Contractor shall be reimbursed tor
suCh costs (including its actual and re~sonable financing costs}
throu9h monthly installment payments ~hich ~il~ amortize the
costs incur rea over the remaining Term of the Agree~ent, 43
specified in Section 1.02(a). The parties agree that the prime
rate, as publisbea on a monthly casis by the Continental Banx of
Chic.qo, Illinois, is a reasonable financing cost. rt it appears
that City .ill utilize its full Allocation Quantity prior to the
end of the Term specified iii Section 1.02 (a), Contract,or may
revise the amortization period to coincide ~ith the probable end
of the Term as specified in Section 1.02(b).
To the extent that the costs of complying with such
requlations are attributa~le to Municipal Solid Waste not yet in
place at the Disposal Facility at the time such new regulations
are issued, then city's proportionate share of such costs shall
be determined by multiplying such costs by a fraction~ the
numerator of which J.s the number of Tons remaining in City's
Allocation Quantity and the denominator of ",'hich is the total
remaining permitted capacity of the Oisposal Facility. The cost
of compliance shall be calculated on a nper Ton~ basis amorti~ed
over the remainin~ life of the Disposal Facility. In all cases
in which the costs of compliance with new or changed governmental
requlatj~ns attributable to Huni~ipal Solid waste not yet in
place are sO~9ht to be charged to the city, Contractor shall
provi~e City, on an annual basis, ~ith evidence showing (I) that
the ~ork required by the regulations has been performed~ and (2)
the amount of costs actually incurred. If the actual costs are
less t.han the costs as estimated on which an increase: ir-. Disposal
Fee was based, the Oisposal Fee ~ill be reduced accordingly~ so
as to offset any overpayments ~ade on tbe basis of the estimated
cost. If the actual cost~ are more than the costs as estimated,
on which an increa~e in Disposal Fee was based, the Disposal Fee
m~y be increasec accordingly, so as to cover any underpa}~ent
made on the basis of the e~timated cost.
E. Lim.its on Shari..TIS..-i..n. Cost of Future Regulations.
i. If Contractor believes that complying with
newly enactea qovernmental regulations or Changes to regulations
Which can be charged to City will increa~e the costs of operating
the Disposal Facility, and that it is entitled~ under subsection
4.0J.B, to increase the Oispos~l Fee to reflect the costs of
compliance, then it must fol1ov the procedures in this subsection
before incre~sin9 the Oisposal Fee.
a. Contractor shall give city prompt notice
of the regulations, specifically identifying Ulem imd describing
what chanqes in operations at the Disposal Facility are required,
when compliance is required, and whether Contractcr or the
Oisposal Facility is eliqible for any exe~ptions or varia~ces.
15684.1 on"" ~
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b. Contractor shall thereafter submit to
City its proposed method for complying with the regulations, the
esti~ated cost of compliance, and the associated increase in the
Disposal Fee for city as its proportionate share.
c. contractor shall submit its proposed
method of compliance to the appropriate regulatory agency. It
the aqency approves that method without conditions. the
proportionate share of the cost of th5t method of compliance will
be the amount by which the Disposal Fee may be increased.
d. If Contractor's method is not approved,
Contractor will implement the method of co~pliance which is
approved by the requlatory agency. The ~roportionate share of
the cost of that ~ethod of compliance will be the amount by which
the Dispo5al Fee may be increased.
F. Arbitration. All disputes arising under
Subsections B, C and 0 of this Section 4.03 shall be referred to
binding arbitration pursuant to this Subs~ction. The arbitrator
shall he selected and the arbitration conducted in accordance
~ith the procedures set forth in Exhibit F. If a dispute exists
a!:O to whether costs of complying lolith regulations fall \dthin
Subsection B or subsection c~ the Disposal Fee shall not be
increased until the arbitrator has rendered a final decision. If
a dispute exists as to ~hether City's proportionate share is
correct under Subsection D~ City shall pay only the undisputed
portion of the increased disposal fee until the arbitrator has
rendered a final decision.
4.04 Billing and Poyment Procedure.
A. Monthly Billing4 On or be£ore the fifteenth
(15th) day of each month, Contr~ctor shall submit to the Transfer
Station operator an invoice for Oisposal Fees (and taxes and
go .... ernme:r.:t",l £ees, if applicable) covering Mur'.icipal Sol id Waste
delivered to the Disposal Facility during the prior month by the
Transfer Station op~rator on behalf of City and the partieipa~ing
Aqencies~ The invoice shall be accompanied by a report shoving
the following information: date of each delivery; vehiele
identification nu:rr,beri quantities ir. Tons {gross 'Weight, tare
~eiqht, and all Tons) or cubie yards; rate per Ton, and cost per
load. Contractor shall concurrently send a copy of the invoice
and report to City. Contractor shall not be responsible for the
allocation of the Disposal Fees (or taxes and fees) or the
determination of proportionate cisposal of Municipal Solid Waste
by and between City and the Participating Agencies. City shall
pay (through Sunnyvale or the T~ansfer Station Operator) its
share of the invoice wi~hin fifteen (15) days after its receipt
of thp-copy of the invoice and report fro~ contractor. If City
disputes a portien of an invoice, it shall pa:t the undisputed
portion within fifteen (15) days and notify Contractor,
Sunnyvale, and the Transfer Station Opera~or in ~riting of thea:
/ I~.' 17 9/25/91 i .
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re.ason(s) for-nonpayment of the disputed portion. City m.ay
request additional information tro~ Contractor regarding an
invoice and report within fifteen (15) dars from receipt. Such
request shall be in vriting and shall describe the infoL~ation
requested with reasonable sp~cificity. Contractor shall furnish
the requested information to City within thirty (30) days from
the date of the request. All disputes arising under this Section
C.04 shall be referre~ to binding arbitr4tion pursuant to this
Subsection. The arbitrator shall be selected and tne arbitration
cond~cted in accordance with the procedures set forth i~ Exhibit
F.
B. Annual Reconciliation. At the end of each
calendar year of the Term, Contractor shall submit to the
':'ransfer Staticn Operator an invoice. for Disposal Fees coverin9
(l) the Minimwn Q'.Jantity DiSpOsal Fe=es not previously collected
by Contractor and/or (2) the Excess Ouantity Disposal Fees
accrued during th~ year by the Transfer Station Operator on
behalf of City and the Participatir.9 Agencies. A copy shall be
sent concurrently to City. Contractor shall not be responsiDle
for the allocation of Minimum Quantity Disposal Fees or Excess
Quantity Disposal Fees between City and the participating
Aqencies. City shall pay its share, if any, of such Fees to
Contractcr (t~~ough Sunnyvale or the Transfer Station operator}
within thirty (30) days after the City's receipt or the copy of
the invoice.
ARTICLE 5.
5.01 lndem~ific&tion. Contractor sh~ll inde~nify, defend
and hold harmless City. its officers~ employees and egents, from
and against any and all loss, liability, penalty, forfeiture,
clailD, demar.d, action I proceeding or suit, of any and every kind
and description~ ~hether judicial, quasi-judicial or
admin5_str-ative in nature inc1uding~ but net li:mited to~ injury to
and death oi any person and damage to property or for
contribution or inde:r.rlity claimed by third parties (collectively,
the MClai~s")J arising out of or occasioned in any way by,
directly or indirectly, Contractor's performance o~, or its
failure to perform, its obligations under this Agreement. The
foregoing indemnity shall not apply to the extent that the Claim
is causeFSPd by the ~egligence or intentional misconduct of city~
its officers~ enployees or ~gents. Upon the occurrence of any
Claim~ Contractor, at contractor~s sole cost and expense, shall
defend (with attorneys reasonably acceptable to city) city~ its
o!ficers~ employees~ and ~gents. Contractor's duty to indemnify
and defend shall survive the expiration or earlier termination of
this Agreement, unless Contr~ctor elects to terminate in
accordance with section 3.02.B.
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A~ Type&: end A.'TIoupts of Coverage. COl1tractor~ at
Contractor's sole cost and expense, shall procure from an
insurance company or companies licensed to do business in the
State of california and maintain in torce at all times durinq the
Term the tollowinq type a and a~ounts of insurance:
1. Workers' Compensation and employer's
Li§hility. contractor shall maintain ~orkers' compensation
insurance covering its employees in statutory amounts and
otherwise in compliance with the laws ot the State of California.
Contractor shall maintain employer's liability insurance in an
amount not less than One Million Dollars ($1,000,000) per
accident or occurrence.
2. Gener~l Ii~hility. Contractor shall maintain
comprehensive general liability insurance with a combined single
limit of not less than Ten Million Dollars ($10,000,000) per
occurrence and Ten Million Dollars '510,000,000J aggregate
covering all claims and all leqal liability for personal inju~y,
bodily injury, ~eath, an~ property da~age, includinq the loss of
use thereof, arising out ot, or occasioned in any way by,
directly or indirectly, contractor's performance of, or its
failu.re to perform, services under t1"tis Agre:ement. The policy or
policies shall not contain a deductible or self-insure~ retention
of more than 7"wo H-.J:l1dred Fifty Thousand Dollars {$2S0. 000)
without ~~e prior written approval of the City and the other
Participating Aqencies.
The insu~ance required by this Subsection shall
include:
a. Premises Operations;
b. Independent Contractor's Prote~tive;
c. Products and Completed operatio~~;
d~ Personal I~jury Liebility ~ith
Employment Exclusion deleted;
e. Broad Form Blanket Contractual,
includinq Contractor's Oblig::!lltion under .'Section 5.01, ~i th no
exclusions for bodily injury, personal injury or property damage;
f. ~wned, Non-OWned, and Hired Motor
Vehicles;
g. Broad Form property Dam~ge, iccluding
CQmpleted Operations.
19 9/25/91
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The General Liability insurance required by Section
S.02.A.2 shall be ~itten on an -occurrence" (n~t an -accident"),
rather than a ·claims mad&-basis, if SYch coverage is
ob~ainable. If it is not obtainable, contractor shall arrange
for -tail coverage-to protect City from claims filed after the
expiration or termination of this Agreement relating to incidents
~hich occurred prior to such expiration or termination. The
insurance policies required by this section shall be issued LY an
insurance company or companies au~horiled to do business in ~he
Sta~e of California and with a rating in the :most recent edition
of Best's Insurance Reports of size category XV or larger and a
ratinq classific~tion of A+ or better.
B. Required Endorsements
1. The workers' compensation policy shall
contain an endorsement in substantially the follollo'ing fo:nr.:
-Thirty ,30) days prior written
notice shall be given to the City
of Palo Alto in the event of
cancellation, reduction in
coverage~ or non-renewal ~f this
policy. Such notice sh~ll be sent
to:
city Manaqer
city of Palo Alto
250 Hamilton Avenue
Palo Alto~ CA 94301-
2. The general liability policy shall contain
endorsements in substantially the following form:
15614.'
(a) IhThirtr PO) days prior
written notice shall be given to
the City of Palo Alto in the event
of cancellation, reduction of
coverage, or non-renewal of this
poliey. Such notice s~all be sent
to:
city Ma!'la.ger
city of Palo Alto
250 Hanilton Avenue
Palo ~lto, CA 94301"
{b) "The city of Palo Alto~
its officers, e~ployees. and agents
are additior.al insureds on this
policy. -
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(e) ~This policy shall be
considered pri~ary insurance as
respects any other valid and
collectible insurance maintained by
the City of Palo Alto, including
any self-i~sured retention or
program of &elf-in5ura~ce, and any
other su~~ insurance s~all be
considered excess insu=ance only~·
(d) Rlnclusion of the City of
Palo Alto as an insured shall not
affect the City's rights as
respects any claim, de~and, suit or
judgment brought or recovered
aqainst the Contractor. This
policy shall protect co~tract~r and
the City in the same manner as
though a separate policy had been
issued to each~ but thi~ shall not
operate to increase the ccmpany's
liability as set forth in the
policy beyond the amoun~ shown or
to ~h!ch the company would have
been liable if only one party had
been named as an insurec.-
C. Delivery of Proof ot cov~ ~~. On or before the
Effective Date, Contractor shall furnish :ity ~ith certificates
of each policy of i1"'.5urance required h.e,r~ ~nde.r ~ in form and
substance satisfactory to City. 5uc:;h ce:: -:ificates shall show the
type and amount of coverage, effective de~es and dates cf
expiration of policies and shall h~ve all required endorsements.
If City requests, copies of each policy, ~ogether with all
endorsements, shall also be promptly deli.vered to City.
Contracc-or shall periodically furnish re:)ewal certificates to
City tc-demonstrate maintenance of the rt:c:uired coverages
throughout the Term.
D. O;her rns~rance Reguiremen~s.
1. In thE' event any servi :es are deleqated to a
subcontractor, Contractor shall require su~h subcontractor to
provide statytory ~orkers' eo~pensation in~urance and employer's
liability insurance for all of the subcontractor's employees
en9~ged in the work. The liability insurar.ce required by
Subsection 5.02.A.2 shall cover all subcon~ractors or the
subcontractor must fyrnish evidence of insurance provided by it
meeting all of the requirements of this Section 5.n2.
2. Contractor shall comply with all requirements
of the insurers issuing polieies. The carrying of insurance
shall not relieve Contractor from any obligation under this
'/25/91 t}C
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1S68oi.. , 21
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Agreement, including those impos2d by Section 5.01. If any claim
is made by any thir~ person against Contractor or any
subcontractor on account of any occurrence related to this
Aqreement, Contractcr shall promptlJr report the facts in -...r-i tin9
to the insurance carrier and to City. If Contractor fails to
procllre and maintain 3ny insur!.T1ce ret;uired by this .Agreement,
city may take out and maint~in, at Contractor's expense, such
insurance as it may deem proper and deduct the cost thereof from
any monies due contractor.
5.03 Faithful peT(ormance Bond. On or before the Effective
Date, Co~tractor shall file with City a bond securing
Contractor's faithful performance of its obligations under this
Agreement. The form of t~~ bond shall be as set out i~
Exhibit G. The principal sum of the bond shall be Three Million
Dollars (S3,OOO,OOO); Cicy and the other Farticipating Agencies
shall be co-o~liqees on such bond. Contractor shall furnish
replacement bonds on September 30, 2002 and September 30, 2012,
in t~e satr.e form as the initial bond. The principal sum of
replacement bonds, however, shall be adjusted to reflect changes
in the Consumer price Index bet .... 'een the Effective Date and .July 1
of the tenth ana twentieth years ot the Term following the same
method used to calculate adjustmer.ts to the Disposal Fee, and
rounded to the nearest $10e,OOO. The bond shall be executed as
surety by a corporation authorized to issue surety bonds in the
State of California r with a financial condition ~nd reccrd of
service satisfactory to City.
ARTICLE 6. OEFhUI.T BY CITY
6.01 City pefaul~. City shall be in default und~r this
~greement {~City DefaultM) in the event City shall fail to
perform its obligations as set forth in this Agreement, or any
present or future supplement to this Aqreement~ and tail to cure
such breach withir. thirty PO) days after-receiving nctice from
Contractor specifying the breach, provided that if thE: nature of
the breach is such that it \oiill rF_asonably require !;lore than
thirtj (30) days to cure, City shall not be in default 50 long as
City promptly commences the cure and diligently proceeds to
comple~ion of the cure. city shall not be in default under this
Agreement if a dispute arising under Sections 4~D), 4.04, or
8.02.8 has ~een referred to arbitration until the arbitrator's
final decision has heen rendered.
6.02 Right to SU!iP_end or TJ;!X_Tr1inate Upon pefault. In the
-event of a city Default~ contrac:tor sball have all remedies
availeble under California la"W tor breach of contra.ct; provided,
however, that Contractor ~ill continue to perform all of its
obligations hereunder until a court of competent jurisdiction has
issued a final judgment declaring that Contractor has the right
2'
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to 5u$~nd and or termin~te its performance as a result of a City
Cefault.
6~03 coptra;tor's Remedies CUmulative. ContLactor's rights
t~ suspend or terminate this Agreement under Sectio~1 6.02 are not
exclusive, and contractor's exerciso of one such right shall not
constitute an election ot re~edies~ Instead, they shall be in
the alternative and in addition to any and all other legal and
equitable rights and remedies ~hich Contractor ~~y have.
ARTICLE 7. ~ULT ey CONTRACTOR
,.O~ Contractor pefault.
constitute an event of deta',Jlt
Default-) hereunder:
Ea~h of the following shall
by Contractor CII Col1tractor
A4 Co"ntractor shall fail to perform its obligations
under this Agreement, or any present or tuture supplement to this
~qreeme~t, and tail to cure such breach ,1) ~ithin thirty {3D)
Q3YS after receiving notice from city specifyinq the breach,
provided that if ~.e nature of the breach is such that it ~ill
reasonably require more than thirty (3D) days to cute, Contractor
shall not be in default so long as contr~ctor promptly commences
the cure and diligently proceeds to completion of the cure; or
(2) imme1iately, if the breach is such that the health, welfare
or safety of the public is endar,gered thereby:
B.
the operatin9
Facility;
There is ~ seizure or attachment ot, or levy on,
equipment of Contractor used at the Dispos~l
C. There is any termination or suspension due to
labor unrest, strike, ~ork stoppage or slo~down, sickout,
picketing, or other concerted job action ~ffecting Contractor's
ability to accept Municipal Solid Waste delivered by the
Designated Hauler to the Disposal Facility tor ~~re than t~o {2J
days unless Contractor has implemented arrangements for transport
to bn alternative disposal location;
D. Contractor files a voluntary case for debt relief
under any applicable bankruptcy, insolvency, debtor relief, a~
other similar la~ now or hereafter in effect, or shall consent to
the appointment of or taking of possession by 4 receiver,
liquidet'or, a.s&ignee, trustee, custodian, sequestrator (or
similar official) ot Contractor for any part of Con~ractor'5
operating assets or any &ubstantial part of Contractor's
property, or shall make any ge~eral assignment for the benefit of
Contractor's debts as they become due or shall take any action in
furtherance of any of the foregoing; or
23 90/25/91
E. A cour.~ having jurisdiction shall enter a decree
or order tor relief in respect of the Agreement, in any
involuntary Case b ... ·ought under any bankruptcy, insolvency, debtor
relief, or silllilar laW' no"'" 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, assiqnee~ custodian, trustee, sequestrator
(or ~imilar official) of Contrac~or or tor any part of
Contractor~s operating equipment or assets, or crd~r the vinding
up or liquidation of the affairs of Contractor.
7 ~02 Right to Suspend or TeT1'r1inate Performance Upon
Default.
A. Upon any Contractor Def~ult~ City shall have the
right to suspend or tErmi~ate this Agreement. Such suspension or
termination shall be effective thirty (30) days after City has
given notice of susp~nsion or termination to Contractor, except
that such notice may be effective immediately if the Contractor
Default is one wDich endangers the health, ~elfare or sarety of
the public. Notice may be given orally, in person or by
telephone to the representative of Contractor designated in or
under s~ction 8.09 and shall be effective i~~ediately. Written
confirmation of such oral ~otice of suspension shall be sent by
personal delivery, facsimile, or other expedited means of
delivery to Contractor ~ithin t ... 'enty-four (24) hours a.fter the
oral notification.
S. City W'ill also. have the right to suspend or
terminate this Agreement, upor. the saMe notice provisions~ if
Contractor's ability to perform is preventeo or materially
interfered ~ith by a change in permit or la~ which, under
Sections 3.02 and 8.02 Contractor must comply ~ith, or by a cause
which excuses nonperformance under Section 8.12, despite the fact
that no~performance in any of such cases is neither a breach nor
default by Contractor.
7.03 Bi9h! to Perform. It this Agreement is suspended
and/or ter~inated due t~ a Contractor Default~ City shall have
the right to perfor~ and complete, by contract or otherwise~ the
work herein or such part thereof as it may deem necessary and to
procure labor, equipment, and materials and incur all other
expenses necessary for completion of the ~ork, includin9~ but not
limited to, transportation to and disposal of Municip::ll Solid
Waste at alternate disposal sites~ If such expenses (including',
but not limited to, the costs of transportation to an alternate
site ~nd the actual fees charged for disposal} exceed the amou~ts
~hich would have been payable to contractor under this Aqreement
if it had been fully performed by Contractor, then Contractor
shall pay th~ amcunt of slJch excesS to City.
7~04 City's Re'rnedies Cumulative; Spe~_Afic;;; Perfcrmance.
Ci t:," s rights to suspend or terminate this Agreement under
24
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Section 7.02 or to perform und.e~ section 7,03 are not l!I"..ltui'lll),
exclusive, and city's exercise of one such right shall not
constitute an election of remedies. Instead~ they shall be the
alternative in and in addltion to anr a.nd all other leg!!!l e;nd
-equitable rights and remedies which City may have. ey virtue of
the nature ~t this Aqreement~ the remedy of damages for a breach
hereof by Contractor is agreed to be inadequate ~nd City shall be
entitled to injunctive relief~
ARTICLE 8. OTHER AGREF;M'ErlTS OF THE PARTIES
8.01 Relationship of Parties. The parties intend that
Contractor shall perform the services required by this Agreement
as an independent contractor engaged by City and not as an
officer or employee of City nor as a partner of or joint venturer
with City. No employee or agent of Contractor shall be or shall
be deemed to be an employee or 8qent of City. Except as
expressly provided her.ein~ Contractor shall have the exclu!!-ive
control Qver the manner and ~eans of conducting the Municipal
Solid Waste disposal services performed under this Agreement. and
811 pe~sons performing such services. Contracto~ shall be solely
responsible fo~ the acts and omissions of its ctficers.
employees, subcontractors and agents. Neither Contractor nor its
officers, employees, subcontractor~ and agents shall obtain any
rights to retire~ent benefits~ ~or~ers' compensation benefits, or
eny other benefits which accrue to City employees by virtue of
their employment with City.
8.02 Compliance ..... ith Law.
A. contractor~s Du~. In providing the services
required under this Agreement, Contractor shall at all times
comply yith all applicable la~s of the United States~ the State
of Cali!vrnia and with all applicable regulations pro~ulgated by
federal~ state, regional or local administrative and r€gulatory
agencies, now in force and as they may be enacted, issued or
amendec! during: the 'Term, col1ectively~ the -La'Ws") ~ In the event
of any conflict bet~een this Agreement and the Laws. the
requirements of the Lavs shall govern. and Contractor shall not
be in breach of this 'greement if Contractor complies with the
Laws in contravention of this Agreement.
B. Impossibility of PerfoOiJance. In the event there
is a change in the Laws or the permits and cpprovals fle-cess8ry
tor the continued use of the Disposal Facility whie~ permanently
prohibits continuec! dispcst1 of M'Jnicipal Solid ""aste at the
Disposal Facility, Contractor shall then comply with Section ).05
to the maximuM extent leqally possible. City viiI be responsible
for additional transport costs to the alternative disposal
facility. In addition, Contractor may increase the Dispos41 Fee
{l} if, and to the extent, it is necessary to do $0 in order to
""'" ~
_____ ~ ...... _ ... ""!O!J!!t"l;p .... ___ ._
avoid reducinq the p~ice charged by Contracto~ to other contract
'lJser-s of an e.lternative d.isposal facility o'o.med by Contractor or
if it is required to do so by its :::ontracts witl1 such other
users; O~ (2j if the alter-n~tive aisposal facility is o~ed by a
third party not controlled by Contractor if. and to the extent,
that th9 Gate Fee or other charge demanded by such owner is
higher than the Disposal Fee. ~~y disputes as to such
adjustmen~s shall be referred to arbitration in accordance ~ith
the procedures set forth in Exhibit F. Nothing in this Section
is intended to limit Contractor'S obligation to comply ..,ith the
requirements of Section J.02.C.
8.03 Governing LAW.
~nd construed and enforced
State cr California.
This Agrsernent shall be qo·,.rerned by,
in accorQance with, the lavs of the
8.04 Jurisdiction. Any lawsuits between the parties
arisinq out of this Agreement shall be brought and concluded in
the courts of the state ot California, \oIhich shall have exclusive
jurisQiction over such lawsuits. With respect to venue, the
parties agree ~.at this Agreement is made in and will be
performed in Santa Clara County, California.
8.05 Assignment.
A. Permitted Assianments. Contractor shall have the
right to assign thiS Aqreement to any other company which is
owned and controlled by Waste Management., Inc., or by Waste
Management of North America, Inc., provided that (i) such company
h~s a net worth at least equal to that of Contractor and assumes
in writinq all of Contractor's ob~igations und~r this Agre~~ent
prior to or concurrently with such assignment, and (ii) the
guaranty described in Section 8.15 remains in full force and
effect. Contractor shall not othen.'ise assj,gn its rights nor
delegate or oth~r.·ise transfer its obligations under this
Agreement to any other Per5?n .... ithout the prior W'ritten consent
of Cit,.. Any such assignment !!lade without the consent of City
shall be void and the atte1'!1pted !assignment shall constitute a
breach of this Agreement.
B. Assignment pefined. For the purpose of this
Section, "assignment" shall incl~de, but not be li~ited to, (1) a
sale, exchange or other transfer to a t,hird party of
substantially all of Contractor'$ assets dedicated to service
under this Agrp.ement; (ii) the issuance of new stock to or the
sal~, exchange or other transfer of 30\ or more of the then
outstanding common stock of Contractor to a~Person other than the
shareholder owning said stock at the date ot this Agreement
(i.e., Waste Management of North ~erica, Inc.).
C. Consent Requirements. Except as provided in
Section 8.0S.~, if Contractor rQquests City's consideration of
and con~ent to an assignment, City ~ay ~eny or approve such
26 5/25i91
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-,1.
request .in its complete discretion~ No request bl~ contractor for
consent to an as~iqnm~nt need be considered by City unless and
unti! Contractor has ~et the ~ollowing requirements:
s. Contractor shall unde~take to pay City its
reasonable expenses for et~orneys' fees and investigation costs
necessary tc investigate the suitability ot any proposed
aSSignee, and to review and finalize any document~tion required
as a cc·ndition for approving any such assignment;
b~ Contractor shall furnish City with audited
financial statements of the proposed essiqnee~s operations for
the immediately preceding three (3J operating years;
c. Contr~ctor shall furnish city ~ith
satisfactory proof: (i) L~at the propose~ assiqnee has at least
ten (10) years of Municipal Solid Waste management experience on
a scale equ~l to or exceeding the scale of operations conducted
by Contractor; (ii) that in the last five (5) years, the proposed
assignee has not 6uffered any citations or other censure from any
federal, state or local agency ~aving jurisdiction over its waste
management operations cue to any significant failure to comply
with state, federal or local waste m~naqement laws and that the
assignee has provided City with a co~plete list of such citations
and censures; (iiiJ that the proposed assignee has at all times
conducted its operations in an environmentally safe and
conscientious fashion; {iv) that the proposed assignee conducts
its Municipal Solid Waste ~an8gement practices in accordance with
sound Y8ste management practices in full co~pliance with all
tederal, state and local laws re~ulating the collection and
disposal of wa$te, including hazardous waste as identified in
Title 22 of the California Code of Regulati?ns; (v) of any other
information required by City to ensure the proposed assignee can
fulfjll the terms of this Agreement in a timely~ safe and
effective manner.
d. In the event City approves the assignment,
the quaranty des~ribed in Section S.15 shall have no further
force or effect.
8~06
Agreement
successors
Bindir.g on SJ,tc:cessors. The provisions of this
shall inure to the benefit of and be binding on
and permitted assigns of the parties~
the
8.07 Parties in In_terest. Nothing in this Agoreernent.
vhether express or implied, is inten~ed to confer any riqhts on
any Person~ other than the parties to it and their
representatives, successors and pe~itted assigns.
B.OS Waiver~ The yaiver by either party of any breach or
violation of any provisions of this Aqreement shall not be dee~ed
to be B waiver cf any breach or violation of any other provision
nor of any subsequent breach of violation of the same or any
, ..... , " '/",9> ~
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other provision. The subsequent acceptance by either p~rty ot
any ~onic9 which become due hereunder shall not be deemed to be a
wAiver of any pre-existing o~ concurrent breach or violation by
the other party of any provision of this Agree~ent.
'~09 Notices. All notices, demands, requests, proposals,
approvals, consent~ ancj other communications ... ·hich this Agreement
requires, ~~tnori~es or contemplates shall, except where
specifically provided otherwise, be in ~iting and shall either
be personally delivered to a representative of the parties at the
address ~l~" Qr be depoSited in the United States mail, first
cJass postaqe prepaid, (certified mail, return receipt requeste.d)
addressed as follo~s:
It to City:
With a copy to!
If to Contr~ctor:
City Manager
City of Palo Alto
250 Ha~ilton Avenue
Palo Alto, CA 94301
City Clerk
City of Palo ~lto
250 Hamilton Avenue
Palo Alto, CA 94301
~~ste Manaqe~ent of California~ 1nc~
2000 Embarcadero, Suite 300
Oakland, CA 94606
Copies shall be sent to the other Participating Aqencies, at
addresses to be furnishe~ by them from time to time. The address
to which communications may be delivered may be changed from time
to time by a notice given in accordance ~ith this Section.
Notices shall be deemed deliversd only upon receipt~
S.lO F~~~esentatiyes of the Parties.
A. Bepresentatiyes qL City. References in this
Aqreelfient to "Cit:)'"" shall Inean trle Palo Alto City council ano all
actions to be taken by City Ghall be taken by the City Council
except as provided belo~. The City Co~ncil may delegate, in
writing, authority to the city Man~ger, the Director of the
Department of Public Works and/or to other City officials and may
per.mit such officials, in turn, to delegate in ~ritin9 some or
all of such authority to subordinate officers. Contractor may
rely upon actions taken by such delegates.
B. Re~sesentatives of Contracto~. Contrector shall,
on or before the Effective Date, designate in writing a
responsible officer who s~all serve as the cep~esentative of
Contractor in all matters related to the Agreement a~d shall
inform City in writing of such designation and or any limitations
upon his or her authority to bind Cont~actor, City may rely upon
.".,.. i;~ 156&1..1 ,8
action taken by such designated repre~ent~tive as actions of
Contractor unless th~y are outside the scope of the authority
deleqlJted to him/her by the Contractor as communicated to City.
8~11 pvty of Contractor Not To Discri~inate. contractor
shall not discriminate in the employment of persons engaged in
the perfo~ance of this Agreement on account of race, color~
national ori9in~ ancestry, religion, sex~ physical handie~p~ or
medical condition~ in violation of any applicable federal or
state law~
$.~2 fgrce Majeure.. Neither pat"ty shall be in default of
its obligations under this Agreement in the event, and for so
long as, it is impossible Qr e~tremely impracticable tor it to
perform its obligations due to an ~act of Cod-(includin9, but
not limited to, flood# earthquake or other catastrophic eve~ts),
war, insurr~ctionJ riot, labor unrest of other th~n the party's
employees (including strike, .... ork stopp.!oqe. slowdc· .. n, sick out,
picketing, or other concerted job action), or other similar cause
not the fault of. and beyond the reasonable control of, the party
claiming excuse. A party claiming excuse under t~is section must
(1) have taken reasonable precautions, if possi~le; to avoid
being affected by the cause, and (2) notify the other party in
writing wi~hin five (5J days after the occurrence ~f the event
specifying the nat~re of the event, the expected length of ti~e
that the party expects to be prevented from performing, and the
steps ~hich the party intends to take to restore it$ ability to
parform~ The party claiming excuse under this Section shall use
its best efforts to remedy its inability to perform as quickly as
possible. If Contractor can legally transport and dispose of
Municipal Solid Waste at an alternate disposal facility, it shall
~o so to the maximum extent legally possiple. It the cost of
tr~nsport to and disposal of Municipal Solid Was~e at such
alternative aisposal facility is higher than the then-prevailing
Disposal Fee, the Disposal Fee shall be adjusted to reflect such
higher cost.
S .13 :Right to Inspect Disposal F.teility and Rec.ords. City
shall have the right, but not the obliqati~n, to observe and
inspect all of Contractorls operations under this Agree~ent. In
connection therewith# City &hall have the right to enter the
Disposal Facility upon reasonable notice end during ~perating
hour&-, speak to any of Contractor's emplorees and receive
cooperation trom such employees in response to inquiries. In
addition, upcn reasonable. notice and ""ithout interference 'With
Contractor's operation£, City ~ay review and copy at its expense
any of Contractor's operational and business records related to
this Agreement. Notwithstandinq the foregoing, City shall have
no right to rcviev any proprietary or financial information of
Contractor, or .ny recoros regarding services rendered at the
Disposal Facility for any Persons other than City and the other
Farticipating Agencies; provided; however, that in the event of a
dispute arisinq out of this Agreement, Cit)' shall have the right/~
15661.1 29 9/25/91 ~/
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to examine information and records relating to ~he issue in
dispute. City shali keep such information confidential, to the
maximum exten~ permitted by the laws governing puolic entities~
If City so requests, Contractor shall make specified personnel
available to 5cco~pany City employees on inspections.
8.14 Right to Demand Assurances of performance. If
contractor (1) is the subject of any labor un~est inclu~ing work
stoppage or slowdown~ SiCKout, picketing or other concerted job
actionj (2) appears in the reasonable judgment at City to be
unable to regularly paz' it.s bills as they become Que; or (3) is
the subject ot a civil or criminal proceeding brought by a
federal, state, regional or local agency for violation of an
Environmental La~, City may, at its option and in addition to all
other rp~ed!es it may have~ demand from Contractor reasonable
assurances of timely and proper performance of this Agree~ent, in
such form and substance as City may reguire~ "Reasonable
assurances· tor purposes of t.his section do not include an
incr~ase in financial guarantees beyond the bond provided under
Section 5.0J~
S.lS Guaranty of Contractorts P~rforrnance. Pursuant to a
guaranty in substantially the furm ~ttached as EAhibit H. Waste
Manaqe~ent of North Americ!~ Inc., an !llinois corporation. which
owns all of the outstanding stocK of Contractor, has agreed to
guaranty Contractor's perfo~ance of this Agreement.
8,16 Waste-tn-Energy Facility. City may contract to
participate in a waste~to energy facility (at ~hich ~aste is
burned to produce steam for beat or electricity} during the Term
of this Agreement or any renewal thereof. In the event of any
s~ch p~rticipatio~ City shall be permitted to divert Municipal
Solid Waste ~rom the Disposal Facility to the waste-to-energy
facility. In the event of any such particlpation~ the Disposal
Fee charged by Contractor at the Dispos~l Facility (including the
Minimu~ Quantity) 5hall not be modified Que to such
participation, nor shall the Term be extended if City fails to
USE: all of its Allocation QlJar.t~y. The .Ash from such a w"ste~
to-energy facility may, but is not re~uired to be, disposed of or
accepteC: at the Disposal Facility (if allo;"ed bj appl icable
regulations ana permits then in effect). The parties agree to
negotiate in 900d faith the price at which the Ash may be
disposed of ~
9.01 Exhibits. Each of the Exhibits, ider.tified as
Exhibits ·A~ through -1,-is attached hereto and incorporated
herein and made a part bereo! by this reference.
30 9/25/91
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9.02 ~re Agreement. This Agreement, including the
Exhibits~ represents the full and entire Agree~ent b~tween the
parties with respect to the matters cov~red h~rein and supersedes
all prior negotiations and &'Jreements, either writtel". or ·,:,ra1,
including that certdin Letter of Intent (or Long-Term Disposal of
Solid Waste from North County cities by and between Waste
M~nage~ent of Nort.~ America, Inc., the city Managers o£ City,
su~yvale and Mountain View and the County Executive of Santa
Clara County dated as of MSY 18, 1959.
9.03 Section H@sdings. The article headinqs and section
headin~9 in this Agreement are for convenience of ret~rence only
and are not intended to he used in the construction of this
Aqreement.~or to alter or affect any of its provisions.
9.04 Interpretation. This Agreement shall be interpreted
&nd cons~rued reasonably ana neither for nor against either
party, reqardless of the degree to which either party
participated in its crafting.
9.05 Amendment. This Agreement may not be modified or
amended in any respect except by a ;,"ritinq signed by the parties.
9.06 Severability. If any non-mat~rial provision of this
Aqree.ment is for any reason deemed to be invalid and
une~forceable, the invalidity or unenforceability of such
prOVision shall n,t affect any of the remaining proviSions of
this Agreem~nt which shall b~ enforced as if such invalid or
unenforceable provision had not been contained herein.
9.07 Attorneys' Fees. The prevailing party in any action
brought to enforce the terms of this Aqreement or arising out of
this ~qreement may recover its reasonable costs ~nd attorneysr
fees expended in connection ~ith £UGh an action from the other
party.
9.0! References to La~5. All references in this Agreement
to laws anQ regulations shall be understood to include such laws
a.nd regulations as they may be subsegu'2ntly amendeCi or
recodified, unless otherwise specifically proviced, such as in
sectior. 4.03.C. In addition. references to specific governmental
agencies shall be understood to include aqencies ~hich succeed to
or assume the functions they are currently performing.
ARTICLE 10. REPRESENTATIONS AND Wb~~TIE5 OF CONTRACTOR
Contractor represents and warrants as follo~s:
10.01 Corporate Status. Contractor is a corporation
organize~, validly existing and in good standing under the
of the state of California. It has the corporate power to
,~., Jl
-..... H .. • ".,,'..:1 ib. Of-_ .... -"'··
-
its properties ana too carryon its business as no...-o\o{ned and
operated and as required by this ~qreement.
lO~02 Corporate Authorization. Contractor has the
authority to enter into and perform its obligations under this
Aareement. The Board ot Directors of Contractor (or the
shareholders, if necessa~~ have taken all actions required by
law, its articles of incozporation, its D)"laW's, or othenwise, to
authorize the execution of this Agreement. The person signing
this Agreement on behalf of Contractor has authority to co so.
10.0J Statements and Information in Prop~sal. Sections A.
Band E of the Proposal submitted to the City on November 18,
~9S' by Wa$te Manage~ent of California, Inc., do not contain any
untrue statements of a material fact or omit to state a mwterial
fact necessary in order to make ~~e statements made, in light of
the circumstElnces in ... ·hich ther ""ere made, not misleading. These
sections of the Proposal are incorporated herein by this
reference.
10~04 Status of Disposal ~acility. Tne Di5pos~l Facility
has been design~d and constructed in bccordance ~ith ~3
C~lifornia code of Regulations Section 2510 et~. {~Subchapter
15~). The Disposal Facility has been issued all permits from
federal, state, regional, county and city agencie5 necessary for
it to operate as a Class 3 Sanitary Landfill. The Disposal
Facility is authorized, under its permits, as amended, to accept
all Municipa.l Solid Waste~ in the quar,tities specified in the
Allocation Quantities, at the daily fJaw rates~ and at the times
of delivery contemplated in this Agreement delivered to it j
except as set forth in Exhibit C. The Disposal Facility has
sufficient remaining capacity, not committed to others by
~ontract, to accommodate Municipal Solid Waste in the amount
equal to the total of the Par'ti~ipatin9' Ag£!n·:::ies' Allocation
Quantities. The Disposal Facility is being operated in
accordance with all its perm~ts. Contra~tor has contractual
ri9hts 'With the owr;er of the property on .... nieh tho: Disposal
Faci~ity is located to ope4ate the Disposal Facility ror a period
of at least thi~ty (3D) years fro~ the Effective Date of this
Agreement.
lO.05 Closure of DJJ~.R9_~_<l.1 Facility. The closure i!lnd post
closure maintenance plans required by 14 California Code of
Regulations SE~tion 18250 et §gg. have been submitted to and
approved by the state and local permit enforcement agencies
having jurisdiction over the Disposal Facility. Contractor has
submitted evidence to the appropriate governing authorities ot
adequate provisions to finance the closure and post-closure
1'5664 .1 32 9/25/9J
1
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maintenance of the Disposal Facility as required ~y 14 California
Code of Requleti~ns Section 18250 ~ §£g~ and these arrangements
have slso been approved by the state and local permit enforcement
agencies having jurisdiction.
IN ~TNESS WHEREOF, City and Contractor have executed
this Agreement as of the day and year first ~bvve written.
ATTEST:
CITY CLERK
By:
~De~p~u~t~y~cT,~t~y-C~l.~r~k
APPROVED AS TO FORM:
city Attorney
APPROVED AS TO CONTENT:
C1ty !'Ianager
O~rector of Public Works
t5"'.1 JJ
CITY OF PALO ALTO ,·City·),
By:
-VM~a~y~o~r----------------------
WASTE
INC.
(Seal)
9/25/91
~'.--... ----
~~ Aqreemint. -Agreement K means this Agreement
between City and Contractor for Long T~rm Disposal of So:id Waste
dated as of October " 1991, including all exhibits and
attac~ents, and any amendments hereto.
2. Allocation Quantity. "~llocation QuantityN means
the de.signated amount, in Tons, of Municipal Solid Waste 'Which
City is entitled to deliver or have delivered to the Disposal
Facility for disposal in accordanc.:e ·.rith this Agreement. City
shall have the right to modify its Allocation Q~antity on the
tenth (lOth) and twentieth {20th) anniversaries of the Effective
Date; provided, however, that the follo~ing requirements shall
apply,
A. To the extent City has not used its
Allocation Quantity in the previous decade of the Term, City may
not transfer its unused Allocation Quantity into the next decade
of the Term, except that any vnused Allocation Quantity which has
bee,n paid for under the Minimum Quanti ty paYlflent requirements ot
Section 4.02.A may be tran~ferred into the next decade;
b. City may not reduce its annual Allocation
Quantity for any future Y6ar by more than a total of ten percent
(10') of the quantity for that year shown on F,xhibit 1a. ovar the
t~~ o~ the Agreement; and
c. City -may not increase its Allocation
Quantity; ho~ever, City may increase its anr.u~l Allocation
Quantity by virtue of transferring unused Allocation Quantity
which has been paid for under the Minimum Quantity p~yments to a
subsequent decade.
City's Allocation Quantity, and the Allocation Quantities to
~hich the other farticipating Agencies are entitled} is set forth
o~ Exhibit A. The Allocation Quantities .... hich ... ill appll~ during
the option term, if City elects to exercise such option, are
sho.n on Exhibit A-1. Unless and until Cit.y exercises such
option, the term -A.llocation Quantity" as used herein means only
the Allocation Quantity as shown on Exhibit A,
3. ~. ·~sh· means the material rernaininq after
incineration of Municipal Solid Waste, including bottom ash and
fly ash. ·~5h· does not include ashes from residential burning,
such as fireplaces# narbecues~ etc.
4. Bio~edical ~aste. nBiornedical Waste" means ~aste
which may b_ reasonanly considered infectious~ pathological or
biohazardous~ origin~tinq from hospitals. public or private
~edical clinics, dental offices, departments of research
laboratories, pharmaceutical industries, blood bar.ks~ forensic
medical departments, mortuaries, veterinary facilities ~nd other ,~
, ..... , 34 9/25/91 tiL
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&i~ilar tacilities and includes equipment, inst~uments, utensils,
fo~i~es# labora~ory waste (includi~9 pathological speci~ens and
fomites attendant thereto). surgical facilities, equipment,
beddinq and utensils {including pathological specimens and
disposal fomites attendant thereto) sharps (hypodermic needles.
5yri~ges, etc.), dialysis unit waste. animal carcasses, of tal and
body parts, biological materials {vaccines, medicines, etc~), and
other similar materials, including all wastes which constitute
·Infecti~us ~aste· as defined in Health and Safety Code section
25U7.S.
s. ti!Y~ ·City· means the city of Palo Alto, A
municipal' corporation, and all of the territory lying within its
municipal boundaries as presently existin9 or as such boundaries
may be modified durinq the Ter~, as well as unincorporated ar~as
complttely sur~ounded by Ci~y vhich are provided solid waste
collection serviCeS by City or by a company or companies which
from time to time is granted the exclusive right to collect
Municipal Soli.: Waste for city.
6. contractor. WContractor~ means Waste Manaqement
of Calltcrnla, Inc., a California corporation, all of the issued
and outst.ndinq stock of which is owned ~y Waste Management of
North Ameri~. Inc~, en Illinois corporation, all of the issued
and outstanding stock of which is ovned by ~aste Management.
Inc., a Delaware corporation.
7. Desi3nated Haul~r. "~esi9nated Hauler-means the
company or compar,ies which from ti!TIe to ti:r.e are qranted the
exclusive right to collect MuniCipal Solid Waste vithin the City
and deliver it to the T~ansfer Station.
s~ ~ig~ated Waste. -Designated Waste-~eans those
substances classified as designateQ ~aste by th~ State of
California, presently in 23 California Code of Regulations
Section 2522.
9. Disposal Facilit:y. "Disposal Facility" means the
Kirby Ca~yon Recycling and Ois~sal Facility located east of U.S.
Highway 101 in San Jose, California.
10. pisposal Fee. wDisposal Fee-means the amount
payable by City to Contractor for Municipal Solid Waste generated
within City and delivered to the Disposal Facility p~rsuant to
this Aqreement.
11. Effective Date~ ·Effective Date" has the meaninq
set forth in Section 1.01 of the Aqreement.
12. Environmental Laws. -Environmental Laws· means
all federal and state statutes, county and city ordinances
concerning puhlic health, safety and the environment including,
by ~ay of example and not limitation, the Comprehensiv~
'5614.1 35 9/25/91
_,,~>::~"'·""*,""."_!O."4"''''''''' __ ~
Environmental Response, Ccmpe~sation and ~iability Act of 1990,
42 U.S.C. Section 9501 ~ ~.; the ~esource conservation and
Recovery A~t, 42 U.S.C. Sect~on E901 et ~.; the Federal Clean
Air Act, 42 U.S.C. Section 7401 g1 ~.; the Federal Clean water
Act, 33 U.S.C. Section 1351 g! ~.; the Emergency Pl~nning and
Community Riqht to Knov Act, 42 U.S.C. Section 1101 ~ ~.; the
Occupational Safety and Health Acts 2~ U.S.C. Section 651 ~
seq.; the California Hazardous Waste Cont~ol Act, California
Health and safety coae Section 25100 et ~.; the California
Toxic Substances Account Act, California Health and Safety Code
Section 25300 tl ~.; the Porter-Cologne J!I'ater Quali tr Control
Acts California Water Code Section 1;000 et seq.; th~ Safe
Drinking Water ~nd Toxic Enf~rcement Act, California Health and
Safety Code Section 25249.5 et ~.; the California Clean Air
Act~ Health and Safety Code Sections 39000 ~~ ~.; and Bay Area
Air Quality Management District Regulation 8, Rule 34; as
currently in force or as hereafter amended, and all ~les and
regulations promulgated thereunder~
13. I]IB. ·FEIR~ means the Final Environmental Impact
Report entitled "Sunnyvale Materials Recovery and Tra!1sfer
Station Environmental Impact Report-certified bj' the Sunnyvale
City Council on September 25, 1990.
14. Garbage~ "Garbaqe~ means putrescible animal,
fish, food, to~l, fruit or vegetable matter~ or any product
thereof, resulting from the preparation, storage, handling or
consumption of such substances.
15. Hazardous waste. uHazardous Waste~ means:
(i) all subs~ances defined or characterized as
hazardous waste by the Federal Solid Waste Disposal Act (42
U.S.C. Section 3251 et ~.)~ as amended, including the Resource
Conservation and Recovery Act (42 U.S.C. Section £901 ~ ~.)
and all future amendments thereto or regulations promulgated
thereunder;
(ii) all subst3nces defined es hazardous waste,
acutely hazardous ,.iaste, or extremely hazardous 'Waste by Health
and Safety Code sections 25110.02 1 25115, and 25117. and future
amendments to or recodifications of such statutes or regulations
pro~ulqated thereunder. including 23 california Code of
Regulations Sections 2521 and 2522; and
{i i i) radioactive lJastes.
If two or more go .... ernmental agencies having concurrent or
~verlappin9 jurisdiction over hazardous ~aste adopt conflicting
definitions of "ha~ardous ~aste,~ for purposes of processir.q and
disposal to land~ the broader. ~ore restrictive (i.e.~ inclusive)
definition shall be employed for purposes of this Agreement.
15631.. I 36
~, ... ------,,.., .... ,--
'1>5/91t+.
~~
1~4 Maintenance W~~ ~Maintenance WasteR means the
follo~inq materials collected by maintenance employees of City or
by private contractors hired by city:
(i) ~ebris from street and sewer repairs;
(iij
(iii)
from ~aintenance of
propert·Yi
and
(iv)
Iv)
debris from street sweepings;
grass clippings, leaves and tree trinmings
parks, streets, median strips and other City
rock and concrete;
concrete and ~spha1t paveme~t from streets;
(vi] tree stumps.
~,. Municipal Solid Waste. -Municipal Solid Waste~
means all substances or ~aterials that are discarded or rejected
as being spent, useless, worthless or in e~cess of the owner's
needs at the time of discard or rejection inclucing, without
limitation, all putrescible and non-putrescible solid and semi
solid waste including Garbege, Rubbish, Maintenance waste, Yara
Waste, bulky wastes, industrial wastes, demolition and
construction wastes, grit a~d sweepings from the Sunnyvale Water
Pollution Control Plant, which a.re qenerated by residential,
commereial, induscrial, institutional, municipal, agricultural
and oth£r activities and which are not otherwise restricted in a
Class 3 landfill by State or Feder~l regulations.
MuniCipal Solid Waste does not include: (i) Hazardous
Waste; Cii) Biomedical Waste; (iii) Ash; (iv) materials which are
not set o~t Qr otherwise offerEd for collection by ~aste
generators; or £v) Recyclable Materials ~hich are either source
separateQ by the waste qenerator or segregated for recycling at
the Transfer Sta'tion, ir,cluding Yard Waste which is 50 handled.
lB. Participating Agencies. -Participating AgenciEsr.
means City and t,he cities or MOi.lntain View ana Sunnyvale each of
which are entering into aqreements with Contractor to deliver
MUTlicipal Sclid 'Waste gene.rated ..,ithin their respective
jurisdictions to the Oisposal Facility.
19. persQ~. aperson~ means ~ny individual l firm,
association. organization, partnerlihip, corporation, b'u:siness
trust, joi~t venture, the United States, the State of California,
the County of Santa Clara, municipality or speci~l purpose
district4
20. Reeyclable 'Mi!lteriaJ.L "Recyclable M~terials
means any materials pulled out of the waste stream, including
'~b&O.1 37
~"-"''''''';IY'''''''''''. " ... ".",. I ... _?,,,,...·~~-._-
!'.~
Z~~
">. :;-
· .
_._~,<~' Ii AUld,A 24
aome3tic, co~ercial or i~dustrial by-p~oducts of some potential
value which are set aside. handled, packaged or otfe~ed for
collection in a m~nner different from Garb~ge, Rubbish or other
forms of Municipal S¢lid Waste.
21. Rubb~. -Rubbish-means all ~aste wood, ~ood
products, printed materials, paper, pasteboard, rags, stra~, used
and discarded clothing, packaging materi~16, ashes from
residential burning, floor sweepings, glass, and other waste
materials not included in the definition of G3rbage, Hazardous
Waste, or Yard Waste.
22~
avoirdupois~
~. -Ton-means a short ton of 2,000 pounds
23. Transfer Station~ "Transfer Sta:tion W r,::a~s the
facility to be constructed for the City of Sunnyvale which will
be utilized brt City and the other Participating Agencies to
re.ce.ivl! Municipal solid Waste, to temporarily store, sepa_!."atE-,.
recover, convert or otherwise process the m~terials comprising
the Municipal Solid Waste, and to transfer the Municipal Solid
Waste to transfer vehicles for transport to the D~sposal
Facility~
24. Trans~er Station operator. ~Transfer Station
Operator" means the company or companies which from time to tim~
are qranted by Sunnyval~ the exclusive right or franchise to
operate the Transfer station.
25. Tran5fer Vehicle~ A tractor and trailer designed
to haul a load of no less thar. 20 Tons of soli~ waste.
26. Travsfer~e Municipality. -Transferee
Municipality" ~eans any muniCipal corporation to which City, or
any of the other Participating Aqencies, has transferred a
por't_ion of its Allocation Quantity in accordance .... ith Section
3.04.
27. Yard Waste. ~Yard Waste" ~eans tree trimminqs~
grass cuttinqs, dead plants, leaves, branches and dead trees, and
siailar orqanic materials.
1506810. t 38 9/25/51
.-$~'>.'
~'';: .
" "-.
--~, ----..
'e t,
EXHlSIT A
~ UST Of &, 'OCADQN OS IAtroT! ES IN TONS
S~NVVAl£ MOUNTAIN VIEW PAlO AlTO TOTA!.
:lEAS
I 1l1li2 0 0 0 a
-I 1993 • 12,127 44,657 211,480 156,263 I
I 11194 159,071 75,885 59,168 ~.12ll
I 11195 153,_ 76._ 59,"2 289,731
I 1_ 150,589 7? ,381 57,742 21)5,712
1897 147.24!/ 7B.3O!i 55,871 28T.!:i29
1_ 1~845 78,24Q 54.159 277,253
11199 140,3711 53," 52.304 24/;,171
2DOD 136,848 54.112 51),408 241.3GB
2OC1 135,513 54._ SO.1I12 2-00.905
2002 136,4311 54.!50 51.421 242,707
2003 131.365 55,22. 51,835 244,52'
2D04 138.301 55,600 52.455 248,356
l!I)()5 139,243 55,980 52.U7V 248,2C2
200II 140,1111 55,381 5.'l,509 250,001
~ 141.14/; 55,744 54,_ 251,930(
2008 142,107 57,lao 54.58S 253.822
2009 1<43,075 57.518 55,130 255,m
2010 144,04. 57,909 55,882 257,640
2011 145,D30 58,303 56,239 250,572
2012 14/;,018 58,700 58.1101 26' ,519
2013 147.ot3 511,099 57,_ 263,48'
201. 108,014 59,501 57,943 265,458
2015 "0,022 59,905 58,522 261.44.
2Il1S 150,!l37 80,312 59,107 25lI,45S
2017 151,_ so.723 S8,BM 271._
2018 152,067 81,136 80,295 273,518
2(119 153,123 61,SSI 50,398 275,572
2D2O 154,'66 61,970 Sl.S07 277,S43
2D21 -"8,412 4/;.7lI3 4/;,5a2 209,?97
TOTAl. 4,123,310 1,74!t,333 1,586,326 7.4SS,870
............ _ begi1l Jvty 1. 1119.l.
-Assumes defrverie&; end September 30, 2021.
II 1-, r. ---~---" ---
--f.j
I
~ EXHIBIT .0.-'
0FTl0N TERM (UP TO TEN ~
IlSI Of 611 CCiAIJQ!:i Di!ANTrTlES IN 'mNS
I
I
SUNNYVAlE MOI.Jt<TAjN VIEW PALO ALTO TOTAl.
.XEAB
1 155,214 12.391 81.m 2711.531
2 156.%70 &2.81. 62.346 281.431
a 157.332 113.2~ 112.770 283.3015
4 lsa_ B3,B72 113.1~ 2B5.272
5 159.4711 64.105 83.1127 2il7.212 • 1&0._ 64.541 64._ 289.160
7 11151,&56 64._ &4.495 l!S1.131 • 162.n5 E.4Z1 &4._ l!S3,11' • 'B3,B62 85.1117 85,315 295,104
10 164,176 66.315 iiS.820 =.l1,
_ v
""' ..
12/88
12/88
12/90
12/88
0'/89
12/88
06/'0
07/90
07/90
10/90
10/90
12/90
09/'0
10/90
11/90
07/90
07/'0
· ~~." -
.:< .
= \..
nu-r ClUIIYOJI llBC'fCl.DIlI I DII PO.AI. PACrL:trY
llIIOCl\a-r or SMaRT IU'rIOlI COBra
t'O JlZ unmtJaUl> TRItt) • t7WIIYVUl: uP
paIR ro
City of Sunnyvale
City of sunnyvale
City of Sunnyvale
Cal Rs covary
ca 1 Recovery
cal RecQvery
Wahler Associate.
Wahler Asaoe!atas
Wahler Associates
Wahler Associates
Wahler ~.oei •. te.
Wahler Associates
Sandis " Assoc.
Sandi. , Aasoc.
sandia' A.8aoc.
City of Sunnyvale
City of Sunnyvale
plsrnn:nlq.
EIR -Thomas Reid
ErR -ci ty Fee~
EIR -Thom •• Reid
~ast. Camp StUdies
Waste Comp Studies
Waste Coap Studies
Geotech Investiqations
Ceotech Inve.tiqations
Geotech Investiqations
GeQt~ch Investigations
Ceotech Investiqations
Geotecb Inve5tiqationa
Surveying
Surveying
Surveying
Rez:oninq Permit
Use Penait Fees
REIMBURSABLE TOTAL $400 Q;X)
EXHIBIT.
InaPt .,-__
j
,
1)
KraBY CAXYOX azCYCLIMG • DISPOSAL PACILlrY
PQMU
city of San Joso/CrwKB
SWF Permit #4J-AN-OOa
COAPT'
current permit provides for tho
facility to be ·open , day. per
week, from 7 a .•• to 5 p .•• tor
public use Konday ~.rou;h
Saturday.-Permit .edification
application vill be aubmittod ofter
5-year Review approval 1. received;
the modifications requ~sted vill
include op.~atinq ~our. of -12
.ldnight to 5 p.m.-
2) Current. perJllits authorize the tacllity to accept M\.lnicipal solid
Waste as specified in the Agreement. These permits viII
periodically expire and bave to be renewed durinq the tera of the
Agreement. Hew permits will also have to be obtained during the
term of the Aqreament, i.e., once one million cubic tons of wa.te
are in place, ~ pe~it will have to be obtaine~ from the BAAQKD
for the installation of a qas collection an~ recovery Gystem.
EXliIBU C
...
A.
PALO ALTO
~ZAROOOS WASTE EXCLUSION PROG~ ~~ POLICIES
City of Palo hlto xunieipal Cod. (Titl. S, H •• lth .n~
SAnitation) .
section S.20.060(b) declares it unlawful for any person to
interfere in any way with the lawful operation of the City's
refuse contractor.
Section S.20.210 provides:
-Explosive or hazardo~s materials. No person
shall depo5it in any refuse container any
explosive, hiqhly inflammable, radioactive or
otherwise hazardous material or substance
without havinq first made special
arrangements ther~fore ~ith the city's refuse
con-tractor ••
B. Solid Wast_ Collection Agreement
c.
Solid waste is collected an~ recycled under an agreement
dated January 26$ 1987 between the City and the Palo Alto
Sanitation Company. The Sanitation Company is not requirea
to collect, transport or dispose of hazardous materials left
for collection and disposal. Under the Agreement:
~~ibit A, Specifications tor Coll~ctien of Refuse Within
the Corpcrate Limits of the City of Palo Alto~ section 5 (4)
provides: -HAZARDOUS MATERIALS. The CITY does net require
the CO~~RACTOR to collect, transport, or dispose of
hazardous materials, however, CIT I is not responsible for
determininq when customers have left ~azardous materials for
d.isposal. •
AlSO, Exhibit B, Operation of City of Palo Alto Recycling
Solid Waste Program~ Section 10 provides: "HAZARDOUS
MATERIALS. CONTRACTOR shall not be required t~ handle or
haul material classified as 'hazardous' by Federai, St4te or
local laws, however, CITY desires CONTRACTOR to accept ~otor
oil.
HOUSEbold Ba%ardous W.ste Program
Palo Alto sponsors quarterly one-day hazardous waste
drop-off events at the palo Alto Landfill's recycling center
or at the adjacent Regional Water Quality Control Plant.
These events are held under variances from Hazardous Wa~te
Facility Plants granted by the Calirornia Department of
'/'O!"~
~
, , ,
t
r
I
I, ~ .
i
Health Services and are conducted by licanse~ firms
specializing in hazardous ~astes.
D. Cit? of PalO Alto '~urc. ,eductiop &n~ ReQycling E1Ament:
lou •• hold Ia,ardous Waste Il.m.nt (~ 13')
t5l61.1
The element vas adopted by the Palo Alta city Council in
June 1991. A copy will be provided upon request~
EXHIBIT D -Paqa 2
•
-"
e:-__ ~..;j, ... _. ___ ... _. __ ._. __ •
COMPOSITE LINER DETAIL
HOT TO Sc.>.l.£.
(D, (!) _ FOIl OETM.5. $£[ EXHIBIT E -.&90 2
,.. ... ,
$'1 { ? r,..
~h. c~;'Ftv .. l lin~r .Y5tem propo~~4 tor tutvre c.l11 at Kirby C.~ton ~c~y~li~~
and Ohpcu.l T.~Uh: (kC:JU:lrl h.'l: been ~csl.r;n.~d tD ~uc. or cxcec( the
... ~.~l"CIli4'ht:. of %'Ltle-:U. C ... !ilornU ~C' 0: ~'i"'l&ticl'l • .f Ch&rter 15~ Jo..rti~h:a
] and c tor el~&. III len~!il1.. In .ccc:~ln:1 wlt~ ~A.te ~.nage~~n~ 01 North
A:Do:de&, InC'. pelLe),. the: _il'tbul1II 4ui9" cd.t.U'L~ are eat"bli.shltd by eU
applLcable ze~l.atLon. and !Ny b. II:oQd1.!'h~ from. tl."tI.l to t1&.e il'l rc_pg.nle: to
eb~e. ia th~~. ~egul~tionG er ch£n~e. in L~tRrn&l E¢lLey.
EaC1\ C'tU capprDlrL:aat.elT 20 It~.&'t' in .rC'~) cou1s:~. of • bue-aree and: ..
lid •• lope area. The b45C' area ~e:rv •• &1 a bo~l-ll~~ 5tr~~tur. ~b~ch ~a.ncbcrl·
the ~tto •• 4L9I.inat: th. .idulopt::!I and ,pr.,v!du &!"i' art: I. tor cclleetitlg and
co~trol11ni any l~~ld. ~~der and with!~ t~. 1I.n~~ill.
0-
(j)-
(!)-
0-
®
@-
$:
l-tt-t"h~ 9r"v.1 l«yu' to collect. sn)' ,1'Y:tI~rfaee flev .t"lch .as g:'ol.:ndwatl't
frOlQ .pring-a
CcotlEtl1e laya:-vblch .~:ves •• a barrier cr filter tQ pc.vent clog9~ni
of the gr ••• l layer ~i~h fL~tr~.i!ed 8011 p&rtL~lR'
~-ft·thlck l.y~r Qt n&tiT9 .011
2-ft-~Ln~ layer ot'cCOp&cted clay which p~D~i~e. & .ec~nd ~errler t~
any li~i~. trapped .n~ cODtalQ~d
7exturRd ReP£, (pll..tic) lLner
GeDtertile l .. yar ~le~ •• rve. &a a protective cu.blc~
I-ft-thL~k ",r ... vel layc:r whlc:b, c~lh:el& .any ll;\lld.. in tb't ref'!:" (lea~llat.J
AAother gcotextl1e 1.y~ vhlch .~~e. a. a (Llter to RrRvent ~loS91ni ot
the l.achate dr&inl.g. layer wi~h finer-lized .oil ~rtlcl ••
l-tt-thlek 80il l.y~~ whle~ prct.~1 and tu&hion~ the ~'l liner f~~~ the
r.f~.e and. the laDdti1l eiY1pment
(The tound"tlon lAler, tho,. ;:li.y h:e:. "'n.~ t.~e Jell': l .. ye", co~:"ned .pro y 1d. •
• ~1n~ I-toot. •• ;ar.tion ~~t~l~ t~e W&5~e. tro= the land:ll1 &n4 &n1
Uft~.rlyl~ ~roundw.t.~~,
eeOC'~m?C.ite wl-.ic!'I. c:ns~Jt. o! " i~:r,et 1.1::',,:0 • •• I",~lod.eh.~" bt:bte:f'tI 2
«;.~textile la:tte.r. (!'I'lll .. eocclI:p:lI!.tl: 1. t~. 'rl'.'t~~tlC: r."':lri&11 '~!..9.t.l1r'!.
to the i~a~~l .~bd~&i~ l.ye~, 1.e" l~s !~nc~~Qn i. to ,;l!.~~ &nd dryer:
&I!.Y '\lb.r.lrteee !lc'J c!own to t~e ~.u a:-n f:OJ.v"l. 'I,lbdr.aift la~.:-J
Tex~Yr~d ~p~ line: to e:ntaL~ lay l •• =~&t. p:c~ue~~ bt t~e r .. !u ••
A::othe.r 'W!'o~cc:cpo.he hYIl" to c:ol!e::t lr:~ d":".fe::. &ny lI'.~l'l.;.e (0"",", 'to -c.!'Ie
t.s~ area 1 •• c~&~. ~~~t~&y' l.r_=
2-t~-thick prot~eti~e ,Qll layer
15512,1 EIHIBI~ E -P~q. 2
.t.
!
.~'--
•
Kirby Canyon Liner Cost Components
lDIl ogNrIxn llJ!U p!SCBrnrON
Soil Excavation 3,276,846 yd' Includeu transportation to,
placeaent in, ancl compii!ction
ot &toc:kpile
CllY btu!&! 371,&67 yd'
Yd'}-
Include. material an/!
installation
Clay Placeaont 318,867
80 MIL RPDE 13,018,5150 ft' Include' ~terial ",'lel
installation
Geotenil. 13,182,750 tt' Includes matarial and
installation
Geocomposi te 17,24',400 ft' Ineludes material and
installation
Protective Layer 835,1'2 yd' Inc]ucles transportation to,
and placement in, Ind
compaction
Il;r;~ZAL IQUI
Tb~ basic Disposal Fee ($21~99 .s of Auqust 1991J incorporates the cost o~
installinq a liner in all future cell. at the Disposal Sit~, with actual
construction beginning in approximately 1992 and extendinq, intermittently,
over an approximate JO-year period.' The Disposal Fee incorporates all
costs including, but not limited to, en9ineerin9f~esiqn, project
management, construction (mat~rial. and labor], continqencie$, capitallze~
interest ancl quality control/quality assurance •
•
EXBIBI~ S -'age l
•
I
~ PRocJDVRES rOB '!'XTBATION VNPCB SECTIONS 3~08, 1.03, ~.o., '.02
A. Demond for Arbitration
If an arbitr~ble question or dispute should arise, the City
or Contractor may commence arbitrati~n proceedings by service of
a written Demand for Arbitrati-on settinq forth the issues to be
arbitrated and the general contentions relating to those issues
of the party serving the Demand~
If a Demand is made by Contractor# it shall be served by
personal delivery or certified mail to the City ana to each of
the other participating Agencies at the address of such agencies
established pursuant to their contracts vith Contractor in effect
at that time.
If a Demand is made by the City. it shall be served by
personal delivery or certified =ai1 to Contractor and to each of
the other Participating Agencies.
It a Demand is served by Contractor. the City ~ay within 45
days after service of the Demand$ serve a Notice of Election to
become a party to arbitration and a Response to th'2 Demand,
setting forth its position and ~eneral contentions with respect
to the issues set forth in the Demand. If the City does not
serve a timely Notice of Election and ~esponse, but one or more
of the other Participating A~encies do, the city shall not be a
party to the arbitration but shall nonetheless be bound by the
awaro of the arbitrator. If neither the City nor an1 o~ the
other Participating Agencies serve a timely Notice of Election
and Response, Contractor shall be entitled to the relief sought
in its Demand without the necessity of further proceedings.
If a Demand is served by the City, Co~tractor may within 45
days serve a Notice of Election to become a party to the
arbitra~ion and a Response to the Demand setting forth ~t6
position and general contentions ~ith respect to the issues set
forth in the Demand. If a timely Notice of Election and Response
EXHIBIT 7 -Paqe 1 9/10/91
i "
is not served ~y Contractor, the City shall be entitled to the
relief souqht in ite Demand without the necessity of further
proceedings.
If a Demand is served ~y one of the other Participating
Agencies, both the City and Contractor may serve a Notice of
Elect.ion to become a :party to t.he arbitration and a Response to
the Demand. If either party tails to serve a timely Notice of
Election and Re5ponse, it shall not be ill party to the arbitration
but shall nonetheless be bound by the ~ward of the arbitrator.
If arbitration is commenced, the City will use its best
efforts to formulate ill sinqle, joint position ~ith respect
thereto vith the ~ther Participatinq Agencies which elect to
become parties. In any event, with respect to the appointment cf
arbitrators, as hereinafter provided, all Participating Agencies
,including the City) that take the same position as to the issues
to be arbitrated shall jointly an~ collectively be deemed to be a
s.ingle p&rt:y ..
B. Limitation' Perio4
All Demands for Arbitration under Section 4.03 shall be
served ~ithin one year after the Contractor has incurred expenses
relating to compliance with qovernmental regulations, the
inclusion of the cost of Which in the Disposal Fee is at issue.
All Demands tor Arbitration under other sections (i.e., Sections
4 .. 04 and 8 .. 02.5) shall bg served within one year after delivery
of the ~ill as to ~hich th~ ~ispute exists or~ if the dispute
doe& not relate to a bill, then within one year fro~ the
occurrence of the event which gave rise to the dispute.
c. .. ..... lutr aJld Appoiptment of Arbitrator.
All a:c'bitration proceedings shall be conjucteQ ~y a single
arbitrator selected by Contractor and ~ designated representative
12bO'.1 EXBlaI~ P -Paq. 2 ';/10/91
, ,
.j' ~--
of the city and any other Par~icipatinq Agencies which are
parties to th~ arbitration or each 9rouP of Participatinq
Agencies that take the same position ,.·ith respect to the
arbitration~ The arbitrator shall be selected ~ithin 75 days
after the service of the Demand fer Arbitration. It the pa~ties
to the arbitration c~ot agree on an arbitrator within 75 days,
any party may petition the California Superior Court in and for
Santa Clara county tor the appointment of an arbitrator.
D. Quia.liD •• for Qualification of Arbitr.tors
The parties acknovledqe that the arbitrator should have
experience in one or more of the follo"irn~ fields: solid waste,
disposal enqin2ering, sanitary landfill operation and mHnagement,
utility 3ccountinq methods and practices. The parties to the
arbitration shall use their best efforts to aqree in advance upon
the qualifications of any 5rbitrator to be appointed by the
Superior Court~
E~ Powers of Arbitrator: Conduct of Procee4ings
1~ Except as hereinafter provided, arbitrations shall be
conducted under and be governed by the provisions of California
Code of civil Procedure. Sections 1292.2 through 1284.2
(hereinafter, collectively "Code sections-). and arbitrators
appointed hereunder shall heve the powers and duties specified in
the Code sections.
2~ Within the
"neutral arbitrator"
meaning of the Code sections, the term
s~all mean the single arbitrator selectee by
the partie$ to the arbitration~
3. Unless ~aived in ~iting by the parties to the
arbitra~ion, the notice of hearing served by the arbitration
shall not be less than 90 days.
4. The lists of witnesses (including expert ~itnesses),
and the lists of documents (including the reports of expert
1U01.1 !XHIBI~ P -page , 'l"/Sler ~
witnesses) referred to in Code of Civil P~ocedure Section 1282.2
shall be mutually exch~nged, without necessity of de~and
therefore, no later than 60 days prior to the date of the
hearing, unless othen.'ise agreed in writifiq by the parties tc the
arbitration.
5. The time for making the award shall be no later than 19
~onths after service of the initial Demand for Arbitr~tion,
provided th~t such time may be ~aived or extended &s provided in
Code of Civil Procedure Section 1:83.8.
6. The arbitrator shall ~ot hase his or her a~ard on
information not obtained at t~e bearin9~
7. The provisions tor discovery 5et forth in Code of Civil
Procedure section 1283.05 Are incorporated into and made part of
this Agreement$ except that: Ca) leave of the arbitrator need
not be obtained for the taking of depoSitions, inclu~ing the
depc3iticns of exper~ witnesses; (b) the provisions of Code of
Civil P~ocedure section 2037 et $eq., relating to discovery of
expert witnesses, shall also be applicable to e.rbitrat.ion
proceedings arising under this Agreement, except that the ti~e
period set fOrth in Section 2037(a) shall be deemed to be not
late~ than 60 days prior tc the date for the hearing; and (e) all
reports, docum~nts~ and ot~er materials prepared or r~vie~ed by
any expert desiqn~ted to testify at the arbitration shall be
discoverahle.
8. For the pu~ses of allocation of
provided in Code of Civil rrocedure Section
expenses and "fees, as
1284.2, it any tvo or
more Participating Agencies join together in a single, joint
position in the arbitration, those PartiCipating Agencies shall
be deemed to be a single pArty.
The arbit~ator shall have the power to issue orders
mandating compliance ~ith the terms of this Agreement or
enjoining violations of this Agreement.
'fF
12:601.1 EXBISIT F -Faq8 4 9/l0/91
.'
--'---
10. All ewards of the arbitrator shall be binding on the
Contractor and the Participating Agencies rega~dless of the
participation or lac~ thereof by any Farticipatin~ Agency or the
Contractor as a p!rty to the arbitration proc2e~inq.
12601.1 EXHIBIT 7 -p.~e 5 9/10/91
·'-.S
CCtn'llACTOI'S FAITHFUL PElitf'OJtMA}JC ~J.mm
KNOW ALL MEN BY TIlES! PRESENTS,
That WASTE MANAGEMENT OF CALIFORNIA, INC., a California
corporation, as PRINCIPAL, and
_______________ a corporation organized and doing
business by virtue of the laws ot the State ot
and duly licen~ed tor the purpose of ~aking, g~a~anteeinq, or
beco~inq sole surety upon bonds or underta~i~qs required or
~uthorized by the laws of the state of California, as SURETY, a~e
held and firmly bound to the CITY OF SUNNi~ALE. the CITY OF
MOt.'N'I'AIN VIEW, and the CITY OF PALO ALTO, municipal corporatior.s
of the State of California, hereinafter called OSLIGEES, in the
penal sum of Three Million and ~o/lOO Dollars ($3,000,000.00)
lawtul ~oney of the United states, for the payment of which, well
and truly to be made, ve and each of us hereby bind ourselves,
and our and each of our hairs, executors, administrators,
successors, and assiqns, jointly and severallz·. firmly by these
presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH
TP.AT:
WHERL~5. the above bounden PRINCIFAL has entered into
contracts with the OBLIGEES, for the project entitled -LONG TERM
DISPOSAL OF SOLlO WASTE·~ pur~uant to the a~ard ~ade to said
Principal by the council of the City of Sunnyvale on
t 1991, the coun~il of the City of Mountain View on
1991, and the council of the City of Palo Alto on
1991, as vill more fully appear by reference to the
~inutes of sai~ councils of said dates, to do ~nd perform the
followinq work~ to wit: dispose of solid waste. in accord~nce
with the contracts.
NOW, THEREFORE, if the above bounde~ PRINCIPAL shall well
and truly perform~ or cause to ~e performed each and all of the
requirements and o~liqations of said contracts to be perfo~ed by
said PRINCIPAL, as in said contracts set forth, then this BOND
lUZ2.1 EXHIBIT G -Paqe ~
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shall be null and voi~; otherwise it shall remain in full ferce
and effect.
And the said Surety, for value rec~ived here=y stipula~e6
and agrees that no change, extension of time, alte~ation or
addition to the te~s ot the contracts or to the work to be
performed the~eunder or the specifications accompanying the sa~
shall in any wise affect its obligations on this bond, and it
does her:ehy wl',ive notice of any such change., extension of time,
alteration or addition to the terms of the contracts or to the
work or to the specifications.
IN WITNESS WHEREOF, sai~ PRINCIPAL and said SURETY have
caused these presents to be duly signed and sealed this day
of 1991.
WASTE MANAGEMENT OF CALIFORNIA, INC.,
a California corpor~tion
(PRINCIPAL)
(SEAL)
(SURETY)
(ATTORN£Y IN FACT)
(SEAL)
(Siqnatures of Principal and Surety
must be acknowledged :by a Notary P'l!blic)
12'622.1 EXHIBIT G • Page 2
:
THIS GUARANTY (the MGuaranty~) is given as of the 7th day
OCtober, 1991., by WASTE JQ.NA~D'".Eli'l' OF NORTH AMERICA, INC., a
corporation orqanized under the laW's of t....":le State of Illi.nois
(h@reafter "Guarantor n ), to the CITY OF PALO ALTO, a municipal
corpor§tion (hereafter ·City").
of
THIS GUARANTY is ma~e ~ith reference to the following facts
ana circumstances:
A. Waste Management of California, Inc., (h~reafter
·Contractor") is a corporation organized un6er the laws of the
state of California. Guarantor owns allot the issued and
outstan~inq stock of contractor.
S. contractor and City have negotiated an Agreement for
Long Term Disposal of Solid Waste dated as ot October 7, 1991
{hereafter -Agreement-), under · .. hich city ,",auld: have tile right to
dispose of Municipal Solid Waste at the Kirby Canyon sanitary
Landfill in San Jose, California. A copy of this Agreement is
attBched hereto and incorporated herein by this rete~ence.
C. It is a re~~irement of the Agreement, and a condition
to City's entering into the Aq~eement, that Guarantor guaranty
Contractor's perfcr~ance ot the Agreement.
D~ Guarantor is providing this CYaranty to induce City to
enter into the A9reament~
11OW, 'I'HEREFORE, in consideration of tj-.e foregoing, Guarantor
agrees as folloys:
1. Guaranty of the Aoree~e~t. Guarantor h~reby
irrevocably and unconditiol1ally guarantees to City the complete
and timely performance, satisfaction and observation by
Contractor of each and every term and condition of the Agreement
which Contractor is required to perform, satisfy or observe~ In
the event that Contractor failS to perfor=, s~tisty or observe
any of the terms and conditions of the Agreement, ~uarantor will
promptly and tully perform, satisfy or observe them in the place
of the contractor. Guarantor hereby g~arantees payment to City
of any damaqes, costs or expenses ~hich miqht become recoverable
by City from contractor due to its ~reach of the Agreement.
2. Guarantor's Obligations Axe Absolute. The obligations
of the Guarantor hereunder are direct~ immediate, absolute,
continuinq, unconditional and unlimited, and ~ith respecc to any
payment obliqation of Contractor under the Aqreement, shall
12102.1 EXHIBIT B ~ Page 1 ~/10J91
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constitute ill quar-antee of payment ant1 tlot of collection, and are
not conditional ~pon the genuineness, validity, regular-ity or
enfor~eability of the Agree~ent.
l. ~~. T~e Guarantor shall have no right to
terminate this Guaranty or to be releas~d, relieved, exonerated
or discharged from its obliqations undar it ~or ahY reason
whatsoever, including, .. ithout limitation: (ll the insolvency,
bankruptcy. reorganization or oessation of existence of the
contractor; (2) any amendJoent, modification or waiver of any
provision of the Agreement; (3) the act~al or purported rejection
by a truste~ in bankruptcy ot the Agreement, or any limitation on
any claim in bankruptcy resulting fLom the actual or p· .... rported
tennination of the Agreement; (4) any waiver, extension, release
or modification with respect to any of the obliqations of the
Agreement quaranteed hereunder or the imp~irment or s~spensian of
any of City'5 rights or remedies against Contractor; or (5) any
merger or consolidation of the Contractor with any other
corporation, or any sale~ lease or transfer of any or all the
assets of the Contractor~ Without limiting the generality of the
foregoinq, Guarantor t'-_ereby ·.,aives the right.s ;and benefits under
California Civil Code section 2819.
The Cuarantor h~reby waives any ant1 all benefits and
defenses under California Civil Code Sections 2845, 2849 and
2850, including, with~ut limitation, the right to require City to
Cal proceet1 against Contractor, (b) proceed against or exhaust
any security or collateral City may holt1 nov or hereafter hold,
or (cJ pursue any other right or remedy for Cuarantor's benefit,
and agrees that City may proceed against Guarantor for the
obligations guaranteed herein \o'ithout taking any action against
Contractor or any ot.her guarc:ontor or pledgor and without
proceeding against c,r exhaustin9 any security or collateral city
may hold noW' or !len~after hold. GUarantor agrees that City may
unqualifiedly exerr..,;ise in its sole discretion any or all rights
and remedies ~·.~~lable to it against Contractor or any other
guarantor or pledgor ~ithout impairing City's rights and remedies
in enforcing this Guarantee.
The Guarantor hereby \o'aives and agrees to waive at any
future time at the request of the City, to the extent no~ or then
permitted by applicable law, any and all rights which the
Guarantor may have or \o'hleh at any tim~ hereafter may be
confet'red upon it. by statute, regulation. or otherwise, to avoid
any of its obligations under, or to terminate, cancel, quit or
surrender this Guaranty. Without limiting the generality of the
(oreqoing, it is agreed that the occurrence of anyone or more at
the following shall not affect the liability of the Guarantor
hereunder: (a) at any time or irom time to time, ~ithout notice
to the Guarantor, the time for Contractor's performance of or
compliance ~ith any of its obligations under th~ Agreereent is
extended, or such performar.ce or compliance is waived; (o) the
1C!1c:2.1 EXHIBIT B -PAge 2
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Aqreemant is modified or amended in any respectj (c) any other
ind~ification ~ith respect to Contractor's obligations under
the Agreement or any security therefor is released or exchanged
in whole or-in part cr otherwise dealt with; or Cd) ally"
assignment of the Agreement is effected which does not require
City's approval.
The Guarantor hereby e.xpressly wa.b'es diligence ..
pr~sentment, damand for payment or performance~ protest and all
notices whatsoever, including. but not limited to, notices of
non-paYl"'.ent or non-performance, notices of protest, notices of
any breach or default, and notices ot acceptance of this
Guaranty. If all or any portion of the obligations guaranteed
hereunder are paid or performed, Guarantor's obligations
he~eunder shall continue and remain in full forca and effect in
the event that all or any part of such payment or performance is
avoided or recovered directly or indirectly from City as a
preference, fraudulent transfer or othe~'ise, irrespective of (a)
any notice of revocation given by Guarantor or contractor prior
to such avoidance or recovery, and (b) payment in full of any
obligations then outst~nding.
4. ~. This Guarant~ is not limited to any period of
time, but shall continue in full force and effect until all of
the terms and conditions of the Agreement have been fully
performed by contractor, and G~arantor shall remain fully
responsible under this Guaranty without regard to the acceptance
by City ot any performance bond or other collateral to assure the
performance of Contractor's obligations under the Agreement.
Guarantor shall not be released of its obligations hereunder so
long as there is any claim by city against Contractor arising out
of the Agreement based on Contractor's failure to perform ~hich
has not been settled or discharged.
5. No Waivers. No delay on the part of City in exercising
any rights under this Guaranty or failure to exercise s~eh rights
shall operate as a waiver of such ~i9hts. No notice to or demand
on Guarantor shall be a .... aiver of any obligatior. of Guarantor or
right ot City to take other or further action .... ithout notice or
demand. No modification or waiver of any of the provisions of
this Guaranty shall be effective unless it is in writinq and
signed by City and by Guarantor, nor shall any waiver be
effective except in the specific instance or matter tor ~hich it
is given.
6. AttorneY'$ fees. In addition to the amounts guaranteed
under this Guaranty. Guarantor agrees to pay actual attorney's
fees and all other costs and expenses incurred by Cit~ in
enforcing this Guaranty, or in any action or proceeding arising
out of or relating to this Guaranty, ir.cluding any action
instituted to determine the respective rights and Obligations of
the pArties hereunder.
121C1i!:.1
with a copy to the City At~orney at the same 3ddress.
To Guarantor: Waste Management of North America, Inc.
3003 Butterfield Road
Oak Srook, IL 60521
Attn: General Counsel
IN WITNESS WHEREOF, Guarantor has executed this Guaranty on
the day and year first above written~
WASTE IlANAGEHEN'r OF NORTH AMERICA, INC.
By:
Its7:---------------------------------
{President or Vice Presldent)
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April 3D" 1992
Kayor and Counci 1 Members
City of Palo Alto
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Dear M4yor and Council Members:
This letter is furnished as provided in Section 2.01.B(3) of
the Agreement t~r Long Term Disposal ot Solid Waste between the
city of Sunnyvala and Waste Manaqement of California, rnc~, dated
as of september 10, 1391, and Section 3.02.8 of the A9ree~ent fo~
Long Term Disposal of Solid w~ste between your City and Waste
Management of California, !nc., dated as of October 7, 1991 (the
-Agreemei'lt-) •
Please be advised that:
1. The represe.nt~tions and warranties contained in Article 10
of the Aqreement are true and corr~ct on and as ot
April 30, 1992.
2. Waste Management of California, Inc., has:
o
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secured the permit amendments described in Exhibit c to
the Agree.me.nt.
or
has not secureQ such amendments, but has the riqht
under the now-existing permits to alloy Transfer
Vehicles to unload at the Disposal Facility bet~een the
hours of 7 a.m . .and 5 p.m. arId to enter the Disposal
Facility (and to leave, but not ~~load, transfer
trailers) between the hours of midnight and 7 a.m.
Very truly yours,
WASTE MANAGEMENT OF CALIFORNIA, INC.
BY:~~~~~~~~~~~~~~ __ President (or Vice PresidentJ
\3009. , EXHIBIT I !'i/10/91
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Gl'ABAN'IY
THIS GUARANT¥ (the "GuarantyR} is given as of the 7th day of
october, 1991, by WAS7E MANAGEMENT OF NORTH AMERICA, INC., a
corporation organized under the la~s of the State ot Illj,nois
(hereafter r.Gu~rar.tor"), to the CIT~ OF PALO ALTO, a municipal
corporatio~ (hereafter "city").
THIS GUARANTY is made with reference to tne follow"ing facts
and circumstances:
A. Waste Management of California~ Inc~, (hereafter
"Cofltractor"') is a corporatiol". orgarlized under the la,",s of the
state of California~ CUarantor owns all of the issued and
outstanding stock of Contractor~
B. Contractor and city h~ve negotiated an Agreement for
Long Term Disposal of Solid Waste dated as of October 7, 19~1
(hereafter -Agreement"), under which City would have the right to
dispose of Municipal Solid Waste at the Kirby Canyon Sa~itary
Landfill in San Jose~ California. A copy of this Agree'Dlent is
attached hereto and incorporated herein by this reference~
C. It is a requirement of the Agreernent~ and a condition
to City's entering into the Agree~ent~ that GUarantor guaranty
Contractor's perfor.mance of the Agreement.
O. Guarantor is providing this Guaranty to induce City to
enter into the Agreelr,ent.
NOW, THEREFORE, in consideration of the foregoing, Guarantor
agrees as follows:
L Guaranty of the ..b.g!" __ ~~l!lent. Gua.rantor hereby
irrevocably and unconditionall)" guarantees to City the complete
and timely performance, satisfaction anG cbservation by
Contractor of each a~d every term and condition of the Agreement
~hich Contractor is required to per~orm, satisfy or observe. In
the event that Contractor fails to perform, satisfy or observe
any of the terms and conditions of the Agreement, Guarantor ~ill
promptly and fully perfonn, satisfy or observe them in the place
of the Contractor. Guarantor hereby guarantees payment to city
('If any damages, costs or expenses .... hich might becor"e recoverable
by City from Contractor due to its breach of the J..greernent.
2. Guarantor's Obligations .J>.re b.9_Soll"l.~. The obligations
of the Guarantor herecnder are direct. irnr..ec.iate. absolute,
continuing, unconditional and unlimited, and ... ·ith respect to any
payment obligation of Cc~tractor under the Agreement, shall
1210<, .1
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constitute a guarantee of payment and not of collection, and are
not conditional upon the genuineness, validity I regulari t)' or
enforceability ot the Agreement.
3~ Waiver~. The Guarantor shall have no right to
terminate this Guaranty or to be released j relieved, exo~erated
or discharged from its obligations under it for any reason
whatsoever, including, 'Without limitation: (lJ the insolvency,
bankruptcy, reorqanilation or cessation of existence of the
Contractor; (2) any amendment, modification or ..... aiver of any
provision of th~ A9reem~nt; {3} the actual or purported rejection
by a trustee in bankruptcy of the Agreement. or any limitation on
any claim in bankruptcy resulting from the ac'tual or PUl:]:'orted
termination of the Agreement; (4) any vaiv~r~ extension J release
or modification \o'ith respect to any of the obligations of the
Agreement guaranteed hereunder or the impairment or suspension of
any of City's rights or remedies against contractor; or (5) any
merger or consolidation of the Contractor ~ith ~ny other
corporation, or any sale~ lease or transfer of any or all the
assets of the Contractor. Without limiting the generality of the
foregoing, Guarantor hereby waives the rights and benefits unde~
California Civil Code section 2819.
The GUarantor hereby waives any and all benefits and
d~fenses under California Civil Code Sections 2845, 2849 and
2850, including, without limitation, the right to require city to
{a) proceed against Contractor~ (b) proceed against or exhaust
any security or collateral City may hol~ now or hereafter hold~
or (c) pursue any other right or remedy for Guarantor's benefit,
and agrees that city may proceed against Guarantor for t~e
obligations guaranteed h~rein without taking any action aqainst
Contractor or any other guarantor or pledgor and without
proceedinq against or ~xhaustin9 any security O~ collateral City
may hold now or hereafter hold. Guarantor agrees that City may
ungualifiecUy exercise in its sole discretion any or all rights
and remedies available to it against Contractor or any other
guarantor or pledgor ~ithout impairing City's rights and re~edies
in enforcing this Guarantee.
The Guarantor hE'.reby ... aives and. agrees to waive ac any
future time at the request of the City, to the extent now or then
pe~itted by applicable law, any Qn~ all rights which the
Guarantor may have or which at any time hereafter may be
conferred upon it, by statute~ regulation or otherwise~ to avoid
any of its obligations under, or to terminate, cancel, quit or
surrender this Guaranty. Without limiting the generality of the
fore90ing~ it is agreed ~hat the occurrence of anyone or more of
the folloOi.'ing shall not affect the liability of the Guarantor
hereunde.r: (a) at any time or frolll time to t.ime, without notice
to the Guarantor, the time for contractor's performance of or
compliance 'With any of its o;';'ligations under the A-;,reement is
extenGed, or such performance or compliance is waived; (b) the
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Agreement is modified or amended in any respect; (c) any other
indemnification lirw'ith resPect to Contractor's obligations under
the Agreement or ~ny security therefor is releac.ed or exchanged
in whole or in part or othendse dealt with; OI' Cd} any
assignment of the Agreement is effect~d which does not require
city's epproval.
The Guarantor hereby expressly ~aives diligence,
presentment, demand for pa}~ent or performance, protest and all
notices lirw'hatsoever, including, but not limited to, notices of
non-payment or non-performance, r:atices of protest, .notices of
any breach or default, and notices of acce~tanc~ of this
Guaranty. If all or any portion of the obligations guaranteed
hereunder are paid or performed, Guarantor's obligations
hereunder shall continue and remain in full force and effect in
the event that all or any part of such payment or performance is
avoided or recovered directly or indirectly from City as a
preference, fraudul~nt transfer or otherwise, irrespective of (a)
any notice of revocation given by Guarantor or Contractor prior
to such avoidance or recovery. and (b) payment in full cf any
obligations then outstanding.
4. ~. This Guaranty is not limited to any period of
time, but shall continue in full force and effect until all of
the terms and conditions of the Aqreement have been fully
performed by Contractor, and Guarantor shall remain fully
responsible under this cuaranty without regard to the acceptan~e
by City of any performance bond or other collateral to assure the
performance of Contractor's obligations under the A9ree~ent.
Guarantor shall not he released of its obligations hereunder so
lonq as there is any claim by City against Contractor ariSing out
of the Agreement based on Contractor's failure to perform which
has not been settlea or disch~rged.
5. No Waivers. No delay on the part cf City in exercising
any rights under this Guaranty or !ail~re to exercise suc~ rights
shall operate as a waiver of such rights. No notice to or dellland
on Guarantor shall be a waiver of any obligation of Guarantor or
right of City to ta~e other or further action witho~t ~otice or
damand. No m~ification or waiver of any of the provisions of
this Guaranty shall be effective unless it is in vriting c-.nd
Signed by city and by Guara~tor; nor shall any waiver be
effective e~cept in th~ specific instance or matter for which it
is given.
06. Attorney's Fees. Ir, addition to the amounts guaranteed
under this Guaranty, Guarantor agrees to pay actual attorney's
fees and all other costs and expenses incurred by City in
enforcing this Guaranty, or in any action or proceeding arising
out of or relating to this G\!aranty, including any action
instituted to determine the respective rights and obligations of
the parties hereunder.
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7. Governing Law; Jurisdic::.tion. This Guaranty is and
shall be c-eern.ed to be a contract entered into in and pursu,Hlt to
the laws of the State of California a~d shall be governed and
construed in a~cordance with the la~s of Californi~ without
regard to its con!l iets of law5 rules fOl" all purposes,
including, but not limited to, matters of construction, validity
and performa~ce. Guarantor agrees that any action brought by
City to enforce this Guaranty ll",ay be brought in. any court of the
Stat~ of C41ifornia and Guarantor consents to personal
jurisdiction over it by such courts. Guara.ntor appoints the
following person as its agent for service Qf process in
California:
CT Corporation system
alB West 7th Street
Los Angeles, CA 90011
8~ SeveTabjlity~ If any portion of this Guaranty is held
to be invalid or unenforceable, such invalidity shall have no
effect upon the remaining portiofls of this Guaranty, which shall
be seve~able and continue in full force and effect.
94 Binding on Successors. This Guaranty shall inure to
the benefit of the City ~nd its successors and shall be binding
upon GUarant,or and its successors, includinq transferee(s) of
substantially all of its assets and its shareholder(s) in the
event of its dissolution or insolvencY4
10. AuthoritY4 Guarantor represents and warrants that it
has the corporate power and authority to give this Guaranty, that
its execution of t~is Guaranty has been authorized by all
necessary action under its Articles of Incorpor~tion and By-Laws,
and that the person signing this Guaranty o~ its behalf has the
authority to do so.
11. ~~bordinatjon. Any clairos Gu~rantor ~ay have against
Contractor are hereby subordinated to any and all claims of the
City ;:!qainst COl"ltractor until such time as tl".e obligations of
Contractor ~o City are fully satisfied and discharged.
124 Notices. Notice shall be given in writing, deposited
in the U.S4 mail, registered or certified, first class postage
prepaid~ addressed as follows:
To City:
121r1i!'.'
City Manager
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
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'With a copy to the Cit}' At.torn-ay at the sa-me addre.fii.s.
To Guarantor: Waste Management of North America l Inc.
300) Butterfield Road
Oak Brook, IL 60521
Attn: General Counsel
IN WITNESS WHEREOF, Guarantor has executed this Guaranty on
the day and year first above w-rittoO:!n.
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NATIONAL GUARANTY INSURANCE COMPANY
199 MAJN STREET. 5TK FlOOR, COURTKO~E PLAZA. 80RU!">jGTON, \/T 054Di • HlQO.876·6442
CQl'.IRACIOR'S f.\ITHFl'L PERFQRi'>[MICE BO'm
BOND !\'O. Pl'Sl-C123
K."iOW ALL MEN BY THESE PRESEl'.TS,
That WASTE MANAGEME~TOF CALIFORNIA., INC., a California corporation, as
PRINCIPAL, ana NATIO~AL G1;A.RA"Tt' INSURANCE CO~IP.""';Y, i Burlington
Square, Burlington. VI 05401, a corporation orgarJud and doing business by \1nUe of the
laws of the Sta.te of Vermont, an~ duiy licensed for the purpose of making, g'l.laranteeing,
or becoming SQle suret), upon bonds or undenakings required or autho:ized by the laws of
the State of California. as Su;ety, are beid and firml~ bound to the Cln" OF
SUNNYVALE, the CITY OF MOUNTAL-'; \1EW, and the em' OF PALO ALTO,
municipal corporations of the State of California., hereinafter caned OBLIGEES, in the
penal sum of Tnree Million and l\"o/Ioo Doll"" (~3,OOO,OOO,OO) lawful monel' of the United
States., for the payment of which, weU and L"1lly made, we and each of us hereby bind
ourselves, and OLlr and each of our helTS-, executors, administrators. su"essors, and assigns,
jointly and severally, firmly by these presents.
Now, THEREFORE, THE CONDmOS OF TIllS OBLlGA110" IS SUCH TIfAT:
WHEREAS, the above bounden PRL'iCIPAL has cntered into contracts y,ith the
OBUGFES, for the project entitled "LONG lERM DISPOSAL OF SOUD WASlE",
pursuant to the award made to said Principal by the COllnCll of the City of Sunnyvale 00
September 10. 1991, the Council of the Cit) of Mountain View on Semember 24 i991, aOld
the Counal of the Cit)' of Palo Alto on Octobe~. 1991 as will more fully appear by
!eference to the m.i.nutes of said Counols of said dates, to do and perfom. the foHo\\.i.ng
work. to .... ;t: dispose of solid waste, in accorcia:lce v.ith the contracts.
l\"OW, THEREFORE, if the abo,e bounded PRINCIPAL 'hall weIl and trull' perform,
or cause to be performed each and all of the reqJ.irernents and obligat(or..s of s;l.id contracts
to be performed by said PRJXCJP.A.l., as in ~aid contracts set forth. then this BO~D shall
be nun and "'oid; othervw1se it shall remain in full force and effect.
And the ~id Surety, for value received hereby slipulales and agrees. that no change,
extension of time, alteration or addition to the terrru of the contracts or to the work to be
performed thereunder or the specifications accompsnying the ~ame shall in any .".ise affecl
its obligations on this bond, and it docs hereby waive notice of any such change, eXlension
or time, alteration or addition to the tenns of the con<racts or te the work or to the
specifications.
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IN WIlNESS WHEREOF, said PRINCIPAL and said SURF; Y have <au,ed these
presents to be duly signed and sealed this ru day of September. 1991.
WASTE MANAGEMENT OF CALIFORNIA, INC.,
ciJ4t{iJ;:~L .;lif~rrulfa corpo~; /
Notary Public ~",!~;=;:...'-,~_----"'~a=.JC..L==,=,,-__
Corrmiisslon Expires
(Principal)
DalE B. Tauk~. Assistant Secretary
(Seal)
NATIONAL GUARA."'TY INSURA>.,'CE COMPANY
7 BurlinptoD Square, 6th Floor
P.O. 80 •• 30
~ur1jni\Qn. Vermont 05402-0530
(Surely)
"~·lA.s=-,::~;G."':.-/"'\ ~~~ .. ~
(ATTORNEY IN FACI) ~
Susa~ Domingui:
(Seal)
(Signatures of Principal and Surety must be acknowledged by a Nmary Public)
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PO~ER OF ATTORNEY
Knov all Men by These Presents that the National Guaranty
Insurance Company, ""] Burlington Square, 6th Floor, Burlington l
Vermont corporaticr. (the "Ccr-poration"), has :::onstituted 2!"1d
appointed and does hereby constitute and appoint Julie Boucher r
Malcolm: cutts-Io.'atson, Susan DOr.lingue ar.d Karen Liebel of
Burlington, vermont each its true and lawful Attorney-in-Fact to
execute under such designation in its nane and to affix its
coroorate seal to deliver for and on its behalf as surety thereo~
or otherwise, bonds of any of the following classes, to .... ·it~
1. s .... r-=.ty bonds to the United States of America or a:'ly
agency thereof, including lease and miscellaneous surety
bonds required or penr.itted under the laws, ordinance;:;. or
regulations of any State, City, Town, Village, Board or
any other boC:i~ or organization. public or private~
2~ Bonds on behalf of contractors in connection with bids,
proposals or contracts.
The foregoing powers granted by the Corporation shall be
subject to and conditional upon the ",,·ritten direction of any
officer (or any designee of any such officer) to execute and
deliver any such bonds.
IN WlrN£SS WHEREOF, the Corporation has caused these presents
to be signed by its Vice President/UnderJriting and its Assistant
secretary, and its corporate seal to be hereto affixed this -1~
day of S"ptell'.ber: 19_~.
Witness:
III,
ecretary
NATIOSAL G'JA..'V.NTY INSiJRANCE COY2.;':-"i
\ ~Q~&_~J ..
Donald S. Haufe ~
Vice president/Underwriting
.. ~-
I
,
\
CERllFlCA TE OF INSURANCE 9/25/91
~E'~ ~O~T~ l~SU~A~CE ~5E~CY
E75 ~O;l~ 'lCHIGAl, ~3~D FlCOR
CHICAGC, II b0~11
CONTACl: f. F~TTISC~ 312-2aC-5S4C
Waste Man~gement of California. Inc.
2000 Embarcsdero, Ste. 300
Oakland. CA 94606
n·"s CERTIFICATE. JS ISSUED /loS ... '-4,.1T"T[>1 OF" J"FQA:Mf,'Ti'ON o __ .. v "',ND CONF[~S
NO RIO,",TS U~O;,J THE CEFlTj",c,o,n; ~OlDE~ 11-< IS CI'"<;T:FIC.o.1'E DOES ,"or AMEND
EXTENC 01'< Ai."I"EFll"K£ COIJEFI.l.GE A;'''O'''-8,,:l 6'( l'HE POl'ClES BELO',,'
COMPANfES AFFORPING COVERAGE
T~IS IS TO CHmr:' THAT T)o,'!i' "'OlfCIES ~ INSUFI."IMCe LIST£e 8E"-OW MAYE I3-EEN ISSUEO TO TKE INSLJRi'O .. AMED AS::;'VE FeR T~E POLlel' PERIOD
Il<DIC"'iEtr.1'iOi'twIT,"S''''NOING AN..,. AfCl'JI"'E:UE)lT.l'i;!'\~ 0$\ C{)W;)IiIDI'i Of AN'1 CO~'-"''''CT 0 .. 011"1£R DOCUMENT W'T'" "'ES?fCT "'0 'f1"ICI-' TtllS
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EXCLUSIONS AND CONDITIONS Of' suet-! ,"aUCIE'S llUJTS SMQWN ,u ... y HAVE. ec£~ REDUCEO ey PAl::' C~AI~S
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See attached for additional vording.
CERTlFlCATC HGlD£1CI G \,. 215
City pf Palo Alto
City r-=-:-,iiger
250 'Rami.lt.':1t!. AV£t'lu.e
P~lo Alto, CA 94301
"CORD 25-1i pll.t)
CANCfLLATIOt. SEE ATrACHW
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..
ACeftP. CERTIFICATE OF INSURANCE 9/25/9!
"""'" .. ",:,"f.j:S CE~fl"ICAT£ IS ISSUED AS" M .... n!:~ 01'" INFO;:;MATION O"fl¥ M,O CO~.;:E'"S
NO ,,1(;nTS U!'{i;j TH£ C<:FlnF~C"'TE HOlC€I=I, 'TI-IIS CE~rl~ICA fE D,:;E" Nor A,.;£I'oO,
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Near North Insurance erokerG&~' Inc.
875 North Micni&an Avenu~
Chicago. IL 60611
Contact:
Ph<;Jlle:
Mary Pattison
312/280-5540
waste Managem~&t of California, Inc.
2000 Err.barcadero. Sa. 300
Oaltla.1d, CA 94606
COMPANIES AFFORDING COVERAGE
First ~tate Insurance Co.
, :ovERAGES
o
,~
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CEATIF"fCAT"E MAY se ISSUED 0;; MAY P~j:H~IN. Tfif' I"SU~ANCE AF"F"QROEO F" il1f POliCIES P£~~IC:o:C; KEREIN IS SUi»f:Cf TO ~lL "tHE T€Fl:I.IS
EXCLUSIONS ~NO CC»40ti~S Of Sl.ICI". POLICIf:S U".,n:S Si-lC'H1'I' ....... ,'1' 11"'1E '\!.EEN ~EI)\JC~C !'( fA":' ;::""",,,!o\S
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O'S[.SE __ POL.lC>' L'''''!"; j
CTKtI'li
EJUIFICA TE HOLC£'"
City of Palo Alto
City Manage-r
250 Ha~ilton Av~nue
P310 Alto. CA 94301
i't'ISE"'~£-[.':" e""LO'!'kil
UNCEL.LATIO~
SI-!OULO oI.JotY OF TME "'IIOVE PE,sC'lISEO POLICIE-$ II':: CA.NC<ELLEO S.HO~E "I'HE
ElIPll't.nIO~ O.o.T!: T~ERE.Of', r~E ISSUING C:OMP,.o.~'f ""'LL E'"Oe .... vQ~ TO
"",",II. __ o,",Ys.,+!p.n"l'EN N~1ICf_ "I'C"I't'lE C~1'1TIFIC,",'I'E >\O\.tlEl'; ""M~O TO T~E
LEF"!, aur F .. ~lUR.E TO ~.o.ll SU':;M ,..OTICE 5H,olLlIMPOSE NO 09UClA,ilO~ OF!
Thirty (30) days prior vritteo notice shall be givEn to the City of Palo
Alto in tr,e e\'~rlt of cancellat iO:l~ reduction of coverage. (';r r.on-renelJal
of this policy. Such notice shall ~e sent to:
City Mar.ager
Cit) of Pa70 Alto
2S0 Ea:r.ilton A""enue
Palo Alto, CA 94)01
Ihe City of Palo Alto, its officers. e~ployfes. an~ agents arf adcitional
i~5ureds on this policy.
This policy shall be co~sidered primary insurGnce as respects a~y other Valid
aCId c::ollecti.bh insurance mai.ntained by the City of Palo Altc, inclucing a:1,:
self-insured ret,.ntion or program of selt-ir-.5urance. anc ar.y ot.her such.
insurance shall be considere~ ~xcess ins~=ance only_
Inc:~,us1oc of the City of Palo Alto as ao additir:mal insured shall not affen
the City's rights as respects any claim, demand, suit or jud~ent brought
or recovEred against tbe: Contrac.tor. This policy shall protect CODt.r.8!ctor
and the City in the same canner as tbough a separate pel icy had been
issued to ea.ch. but this shall not operate t:J increase the cot!lpany~s
liability as set fortb in the policy beyond the a:tount. sr,ow-n or-to ...,hic:h
the eo~any ~culd have been liahle if only one party had been named BS p-n
insured.
---.. n ••••• · .... ,., .. -.-tt ... 'o· ......... '« ... _* ,"""".~'~ ,
I
r
I '--
1
A 17 ACilMENT C
MEMORA1'o/DUM OF UNDERSTfu'IDING
AMONG THE CITIES OF
MOm-'TAIN VIEW, PALO ALTO M'D SUNNYVALE
RELATING TO THE CONSI'RUCTION AND OPERATION OF A
MATERIAlS RECOVERY AND TRA.1'ISFER STATION AND
TIlE LONG TERM: DISPOSAL OF MUl'.'ICIPAL SOLID WAS1E
AT KIRBY CM'YON
TaIS ~EKORANDUH or UNDERSTANDING ("MOD") is maae as of the
30th day of septeQber, 1991, by and among the City of ~ountain
Vie~, the City of Palo Alto, and the City of Sunnyvale
{collectively ·cities")~
The Cities agree as follows:
I. B&ckgr9Yu4 to and ~urp9se or Moq
1. The Cities j acting collectively and cooperatively,
have negotiated contractual commitments from Waste Management of
California. Inc, ("waste Management-) fo~ solid ~aste disposal
capacity at the Kirby Canyon Sanitary Landfill in San Jose. The
amount of capacity secured is sufficient to acco~~odate the
Cities' individual requirements (or a period of appr-oximately 30
years.
2. The terms and conditions of this commitment of
disposal capacity are set forth in three separate, but
interrelated, contracts between each of the Cities and Wast~
Management. The Cities have executed these contracts prior to or
concurrently with their execution af this MOU.
3. It is a condition precedent to the effectiveness
of the contract between sunnyvale and Waste Management that all
three Cities, on or before October 15, 1991, bave entered into a
MOV und·9r which Mountain VieW' and Palo Alto coti'.!!lit to deliver
Municipal Solid Waste generated ~ithin their geogrQphic
boundaries to a Materials Recovery and: Transfer Station ,·SMaRT
Station~) to be constructed on property o~neo ty Sunnyvale and to
pay Sunnyvale a fee for the use of the SMaRT Station.
4. In orde.r to satis!~r the condition precedent just
described, and to facilitate continued cooperation and
coordinated action in relation to the SMaRT Station and Waste
Management, the Cities now desire to enter into this MOU.
15"M2.2
; .
•
,~----,--,-,. -.,.--
-
-.
XI. ~nOition to Effectiveness of MOU
This MOU .ill become effective if and ~he~ the
three contracts between the cities and Waste Manaqement are
signed and tha~selves become: effective according to their terms.
trI. Cooperative Provisions Applicable to Pbase One 'Before
the SMaRT station aegins Operation)
1. Sunnyvale is required., under its contract "",ith
Waste Management, to negotiate with W~ste Manaqe~ent for 1S days
(i.e., until December 30, 1991) the terms under which Waste
Management would construct and, thereafter, operate the SMaRT
sta~ion. During this time, Sunn}~ale may prepare a Request for
proposals (~RFP") or Invitation for Bids C-IFB"J soliciting other
waste management firms to offer to construct and ope~ate the
SMaRT station, but may not release it until December 30~ 199],
and. then only if .sunny\--ale and waste Management have not reached
a mutually satisfactory aqreemen~_
2~ Sunnyvale will keep Moun~~in View and Palo Alto
informed on a regular basis of the progress of the negotiations
with Waste Management_ Each City may, but need not, send a
representative to the negotiating meetings with Waste Hanagem~nt~
The Cities will endeavor to reach a consensus on whether
Sunnyvale should enter into a contract with Waste Management on
the terms developed through the negotiating process or,
alterna~ively, issue an RFP/IFB. All Cities rec~nize, however,
that as the sole contracting party~ Sunnyvale must be solely
responsible for deCiding whether to enter into a negotiated
con~ract or solicit proposals through the RFP/IFB process.
Notwithstanding this recognition. h~weverl if any City is not
tully satisfied with the decision which Sunn~~ale sta~f intend to
recommend to the Sunnyvale City council, the City Managers of all
three Cities ,.il1 It,eet to consider the issues ar.d alternatives.
No staff report will be for~arded to the Sunnyvale city Council
until this meeting has been held, o~ a~ adequate opportunity for
it to be held has been pro\iided.
J4 All thre~ Cities will, concurrently with the
negotiations with Waste Management, collaborate in preparing the
RFP/IFB~ The Cities will endeavor to reach a consensus on the
for.mat and cont~nt of the RFP/IFB. All Cities recognize,
however, that as the puclic entity issuing the RFP/IFB, Sunnyvale
must be solely responsible tor ultimate decisions on its format
and content. Not .... ithsf.anding this recognition, however, if any
City is not fully satisfied vith elell1ents i~ the RFP/IFB which
Sunnyvale staff intends to recommend to the SunnJ~aje City
Council, the City Managers of all three Cities ...... ill meet to
consider the issues and alternatives. Sunnyvale will not issue
-2-
th~ RFPJIFB until this meeting has ::"een held~ or an adecpJate
opportunity tor it to be held has been provided.
4. Whether the SMaRT station is constructed by Waste
Management pursua~t to a negotiated contract or by a company
selected through the RFPJIFB process, Su~nyvale viII regui~e that
the Transfer station to be constructQd is consistent in all
material respects (e.9.~ l?Cation, size, throughput capacity,
recycling capabilities) ~ith that described in the Final
Environmental Impact Report on the SMaRT station certified by the
Sunnyvale City Council on September 25, 1990, unless the changes
are agreed to by both Mountain Vi,:,,*,, and Palo 11.1 to.
5. After the contract for construction and operation
is awarded. Sun.nyvale will be solely responsible for
administering-the construction contract. Sunnyvale will keep
Mountain View and Pa:o Alto informed, on a reqular basis, of the
progress of construction. Sunnyvale will promptly alert the
Cities to any difficulties encountereQ in constructi~n. In
particular, Sunnyvals will immediately alert the Cities to any
possibility that the construction ~ill not be completed
sufficiently so as to allow Municipal Solid Waste to be
transferred to Tra~sfer Vehicles for delivery to Kirpy canyon by
July 1, 1993 7 as c~ntemplated in the Cities' contracts with Waste
Management~
IV. Cooperative provisions Appliea~le to Phase Two <After
the SMaRT station segins Operation)
l~ Each of the thr~e Cities agrees to deliver
Municipal Solid Waste to the SMaRT station in sufficient quantity
so that 75 percent of each Ci~y's respective annual ~llocation
Quantity, set forth in Exhibit A to the Cities' contracts with
Waste Management, is delivered to Kirby canyon.
2~ Each of the three Cities agrees to pay to
Sunnyvale or to the operator of the SMaRT Station, ~s Sunnyvale
directs, the folloving:
A. Tippinq Fee, to be establishea unaer th~
contract to be entered into between Sunnyvale and the company
selected to construct and operate the SMaRT Station.
B. Disposal Fee (plus applicable taxes and
tees), due to Waste Management under each City~s contract ~ith
Waste ManageIhent~ 'r'he Disposal Fee Que frolll each City will bs
determined by multiplying the total a~ount due as shown on
pez-iodic: i!'lvoices fro~ waste Manz:gement for Municipal Solid Waste
delivered to Kirby Canyon by a fraction, the numer3tor of which
is ~he amount. in To~s. of Municipal Solid Waste delivered by
ea=h City to the Transfer St~tion, and the denominator of ~hich
151j1a2 _2 -3-
-""'-'--'-
•
-
, "
""""-"--". ""--,.
is the total amount of Municipal Solid Wa~te delivered to th~
Transfer Station.
In making toe foregoing calculation~ tne
folloving rules will apply:
{l) Only Municipal Solid Waste tor ~hich a
Tipping Fee is charged (Le., "taste material in ·"ehicles that are
directed to the tipping floor of the Transfer Station) will be
included in the calculatior!; F~c}'clable Mate.rials .hich are:
separately delivered for processing and recove~y, and which do
not ne~d to he routed through the tipping floor, ~ill be
excluded.
(2) If the Transfer Station accepts puplicly
hauled waste (i,e., waste which is delivered by private
individuals ~nd not by the Cities' Designated Haulers), and the
Cities receive a portion of the Tipping F~e revenues paid by such
individuals, then Municipal Solld Waste so delivered ~ill be
attributeQ: to the city from .... hich it or the driver originates and
-.ill be included in the above calculation.
'3) If the Transfer Station azcepts publicly
hauled waste {i.e~~ waste ~hich is delivered by private
individuals and not by the Cities' Designated Haulers) ~ but the
Cjties do not receive any portion of the Tipping Fee revenues
paid by such individuals, the Municipal S~lid waste so delivered
will not be attributed to the City from ~hich it or the driver
oriqinates and will not be included in the above calculation.
Th~ same formula will be used to allocate credit for recycling
conducted at the Transfer Station ~hich involves Municipal Solid
Waste delivered to the tipping floor.
As of Auqust 1991. the Disposal Fee is $21.99 plus $5.53 in
applicable taxes and fees.
C. The .city'S share of t,he Minimum Quantity
Disposal Fee, if in any year the total Municipal Solid Waste
delivered to Kirby Canyon is less than the total of the th~ee
Cities' Allocation Quantity ~or that year.
If the Minimum Quantity Disposal fee becomes
payable, it ~ill be allocated among the three cities as follows:
• if only one Citl failed to deliver an amount
of Municipal Solid Waste to the SMaRT St~tion equal to 75 percent
of its annual Allocation Quantity divided by one minus the SMaRT
Station recycling percentage (a single percentage to be agreed
upon from time to time)~ then that city is solely responsible for
the Minimun Quantity Disposal fee provi~ion becoming operative
ana it shall pay the Disposal Fee due for the difference between
-.-
"" ~
,
the Minimum Quantity and the quantity of Municipal Solid Waste
actualiy delivered;
• if two Cities fail to deliver an amount of
Municipal Solid Waste to the SMaRT Station equal to 75 percent of
their respective annual Allocation Quantities divided by one
minus the SMaRT Station recycling percsntage, then each of those
two Citins' share of the Disposal Fee due for t!'~e difference
between the Minimum Quantity and the quantity of Municipal Solid
Waste actually celivered will be determined by a fraction, the
nume.rator cf .. ,hich is the amount, in Tons, by t,.'hich each City
fell short of deliverinq 75 percent of its Allocation Quantity,
and the denominator of which is the sum, in Tans} of those two
arnoun't.s;
• if all three Cities tail to deliver an amount
of Municipal Solid Waste to the SMaRT Station equal to 75 percent
of their respective annual Allocation Quantities divided by one
minus the SMaRT Station recycling percentage, then each City's
share of the Disposal Fee cue for the difference bet~een the
Minimum Quantity and the quantity of Municipal Solid Waste
actually delivered will be determined by a fraction, the
numerator of 'Which is the amount, in Tons, by lo'hich each city
fell short of delivering 75 percent of its Allocation Quantity,
and the denomina~or of ~hich is the amount. in Tons, by which
total deliveries to Kirby Canyon fell short of the total Minimum
Quantity for all tl""cree Cities.
It is the ~ntent of all Cities to coordinate
efforts to meet Minimum Qu,antity requireme:"1ts and, th~..ls. avoid
additional Disposal Fees. Ho~ever. no city has any obligation
under this MOU to deliver more Municipal Solid Waste to the SMaRT
Station than it is required to do by its contract with waste
Management in order to offset the Minimum Quantity obligations of
any other City or Cities ~hich do not deliver the minimum amount
of Municipal Solid Waste required to be delivered under their
contract(s) ~ith Waste Management.
D. The Cities' share of Excess Quantity Dis~osal
Fee, if in any year t~~ total Municipal Solid Waste delivered ta
Kirby Canyon Exceeds 110 percent of the total of the three
Cities' Allocation Quantity for that year QDQ one or more of the
Cities has/ha4.re assigned some 0:' all of their Allocation Quantity
to a municipality other than one of the three Cities.
If an EXt:'_ess Quantity Disposal Fee becomes
payable, it vill be allocated among the three Cities as tollows:
• if only one city has assigned some or all of
its Allocation Quantitj' to ~ lIlunicipality other than one of the
three Cities, then that City ... ·ill be solely responsible fer the
Excess Quantity Disposal Fee beconling operative and it shall pay
the Excess Quantity Disposal Fee due fo~ the difference between
15982 .2 -5-
• •
"" '
~~
--.!';; ,
"'. i::,
the total anrlual A.llocation Quantity l!.nd the actual quantity of
Municipal Solid Waste deliver£d from the SM~RT Station to Kirby
Canyon;
• if more than one City has assigned some or
all of its Allocation Quantity to a municipality other than one
ot the three Cities, then its share yill he determined by the
traction whicn the su~ of Municipal Solid Waste ~elivered to the
SMaRT Station by it and ~y its assign~e bears to all MuniCipal
Sclid Waste delivered to the Transfer Station by all cities ~hich
have also assigned their Allocation Quantity and by their
assignees.
:). Palo Alto and Mountain View " .. ill pay to sunnyvale,
or to the operator of the SMaRT Station as Sunnyvale directs, a
Host Fee for use of the SMaR~ Station. At th~ commencsm~nt of
this MOV, the Host Fee will be $2.28 per Ton of Municipal solid
Waste delivered to the SMaRT Ststion~ The Host Fee will be
adjusted as of July 1, 1992 &r.d annually tnereafter to reflect
changes in t~e San Francisco/Oakland/San Jose Metropolitan Area
Consu~er Price Index ,All Urban Consumers; 1982-84=100) c~mpiled
and published by the U.S. Department of Labor~ Bureaa of Labor
Stati$tics. The lndex leva: as of May 1991 {13~.2) ~hal1 be the
Base rndex~ The Host Fee sh~ll be adjusted on July 1, 1992, for
example, by multiplying $2.28 by one plus the percentage change
from the Base Index to the Index level as of May 1992.
4. Each City will comply with its obligations under
Section 2.04 of its contract ~ith Waste Management and vill
require its Designated Haulers to do 50. Each City ~ill co~ply
end .. ill require its Designated Haulers to comply .. ith t.rle
Ha~ardous Waste Exclusion Program adopted by the operator of the
SMaRT Station.
5. Each City vill pay amounts due prcmptly ~nd ~ithin
the time periods specified for payment in Section 4.04 of its
contract with waste Manageroent. Palo Alto and MO\.ll"ltain VieW' 'Will
pay amounts due Sunn)~'ale in sufficient ti~e to allow Sunnyvale
to pay waste Management within the time pericd specified for
pa)~ent in Sunn}~ale's contract with Waste Manage~ent.
E. The Cities will consult ~ith each other and use
their best efforts to establish consistent, coordinated
po5itions~ policies and actions in relation to Waste Management
including~ but not limited to, issues arising under the following
provisions of the Cities' contracts ~ith Waste Management:
• Section 1.03 (Extension of Term)
• Section 4.03 (Effect of Future Regul~tions)
• Section 4.C4 (Billing and Payment Procedure)
• Section 5.02.A (waste Manaqement Insurance)
• Article 6 (Default by City)
• Article 7 (De.fault by Contractor}
r59e!2.2 -6-• ](]'''9]
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• Section 8.02.B (Impossibility of Performance}
• Section 8.05.C (Approval of Assig~ent by
waste Management)
7. Each City viII keep the other cities informed of
any plans it has to a!lsign a portion of its Allocation Quantity
and 5hall afford each of the other cities the first rlgh~ to
~cquire any portion of its Allocation QUantity which it intends
to assign.
Each city will, as provided above, be responsible
for any EKceSS Quantity Disposal Fee which may be incurred as a
result of its assignment of Allocation Quantity. No City will
assign any or all of its Allo-cation Quantity ,.ritp.out the prior
written consent of the other cities, which consent will not be
unreasonably withheld.
8. Each City ~ill appoint one staff person who will
be its representative in staff contacts bet~een and amonq the
Cities with regard to this MOU and to whc·m d.ay to day
communications and notices relating to it should be a~dressed.
These representatives will endeavor to toster
coordi~ation and cooperation in the implementation of tnis MOU
and the parallel contracts ~ith Waste Management and with the
operator of the SMaRT Station. The rep~esentatives ~ill meet at
least once a month during Phase 1 and for the first six months of
Ph&se 2 (i.e., until approximately January 1, 1994). The~eafter,
they may meet as frequently as they consider necessary and
appropriate~ The repre$entatives will not have authority to
modify or amend this MOU.
9. The term of this MOU is 30 years from the
effective date (Le., October 15, 1991). The MOL "'ill terminate
prior to October 15, 2021, if all three Cities have exhausted
their Allocation Quantities prior thereto. After 25 years or
after 6,700,000 Tons of the Cities' }.ll-ocation Quantity has. bee.n
utilized, whichever occurs first, the three citi~s ~ill meet to
discuSS all issues relevant to th2 possible extension of the Term
by one or more Cities under Section 1.03 of the contracts with
Waste Management. These meetings will continue for a period ot
six (6) months so as to permit the qrea~est deqree of
coordination and cooperation in the extensions. Sunnyvale is not
required to operate the SMaRT Station beyond October 15, 2021,
even if one or both of the other Cities ~ishes to extend the Term
of its or their contracts with Waste Mar.agement, unless Sunnyvale
elects to extend the Tert!l of its contract .'1th Waste Management
and then only for so long as it extends the Term of its contract,
unless other arrangements satisfactory to sunnyvale are made.
10. Capitalized terms in this MOD have the mearting
assigned to them in Appendix One of the contracts betw~en the
Cities and Waste Management.
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< < •
11. This MOU may be amended only 'With the consent <;If
all parties, and any such amendments shall be in ,,·riting.
IN WITNESS wrtEREOF~ the Cities have exec~ted this MOU as of
the day and year first above written~
CITY OF HOUNTAIH VIEW
By:
Tit'l~.~:------------------------
Attest:
~C~i~t~y~C'l~e~r'-k~----
Approved as to form:
City Attorney
eI'n OF PALO AU'O
By:
Tit'l~e~:----------------------
Attest:
~cTi~t~y-c~le~r~k.-----------
Approved as to form:
City Attorney
CI'TY OF SUNllYV~
'''~ Title: ~
Attest: =
c~ty Clerk
Approved as to form:
c-:4L.,,;4, t2,,,=,~7Jt-
IS~I2.2
Date: __________ _ , 1S'9:1
Date: ________ ___ , 1991
Da te: __ 9.:../-'---</"'/'---____ , 1991
-8-'l1Ci."9L
, .
.', _ ... "'-.. _--_ ......
26-$"P-91 Rf:fuse Fa-d Tm Telr forecut .:
91-92 9l·9] 9$-94 9<" ?5-Q6 96-'9-7 97-95 ..... ,,·00 00-01
"t(~ lrdtlll C\~UI:". in 201>'
'E~IIUE
Cust_ t.les-Int 19,~1l 112~ ~42 113,]56 116, ~27 ,18,"3.2 Slel,V"5 S20,2~ W.W S25~6J;1! ro.""
Entr.nc:t 'e-es S31~ 1]21 t327 .,,, .", 'l4l! 1355 .,62 ."" $]76
Stat1fo;-d tcnuect .. $0 '" '" " '" '" '" '" SO
Otlle!" "" 1592 .. " "" .... .... .... 11)1.!!7 11,2S0 11,12'S
Inlt-rat hmi,.. "'" 12'61 .". ",,, .m "'. ~17' 1191 "'. .".
TOfl1 'Io,m 113,32<1 114,582 IH.!Io4~ S1~,&47 121,188 S21,791 123,9"2 127,46S m,m
ElIP£lISES
Slllrl ... '1 ,-sa"/' 11,666 '1,749 S1,aJ.6 11.9Z!! "S2,(]14 12,125 Sl,231 1i:!,143 " . ..., .000-... t ... i~ ~',716 It ,&l2 11.S92 11,961 ".086 Sl.I9(l 1.Z,3OO 12,415 $.2,5S6 ".663
~.~I to ~ASOO 1"5,185 15, "'6 "16,002 ~,302 S6 .. ~H ".m 17,m "7,660 18,043 sa.~~
tOf"ll" fer. lIali'roo; " SO 1',5~ 13, \73 n,3'5~ 13,414 ~5,476 11,512 13,589 " ....
1p:tJe. , .... t ~!~t SO SO " .. " SO '" 11,737 .. SO
L..-lCIf i II CIOWf't" -COSti '" " '" .. " " .. 12,272 to SO
o-cller capital ,,...,... .. SIOO I~OO I~OO .,,' "'" ."" .,00 .,,, m,
Tnte-r-fl.nd St ,52'1l 11,610 11,674 ~l,N' II ,!n 11,M3 SI,953 "."" 12,117 " .><l2
t.-dfl It Rent 12,687 '2,&21 ...... '15,11:;) 13,2'66 ".429 13,600 '11,1'80 Sl~'iII59 ~~167
Env'~t.L Trust FIon:! Paywntl ..... " .. 11,136 S',I36 ",136 $1,136 "" ... 7 '" SO
SOUf""ct' lted.lctfOtl Cost. ., 11,004 "" ..., ",elSeI 11,IQJ I', IS! "1,216 I~.2n 11,,",1
rDt.! In,VI 115,287 ~"r7,554 SlO, oro "121,344 S<''',221 ~22,979 $.21,9t.6 S2].~7B "'.1132
h"lI"!"rw a;:III'C!!, a.tinnl"ll
0' 'rear 11,000 1.3,21!9 SZ,53i! 1l,Z37 11,917 "'."" ",!24 ",663 02.005 12,927
Oeffclt, tewn.JeS Ln. EJIfIItnIH (1.2,513) "',965) (1.2,9n) (~,725) <Ir,"97) ($"') (11, iae) (S4,OOA) 13,.4aT ,om,
RHerw hianct", lefor-e Rlltt Inc rHse ... 7 11,314 (1434l (~1) ,,"2Cl 11,!Z" ..,. (11,340) IS."Y'! $2,'"
Ii Rlt. Incrust "'.00'< 10.0CJ1. ZO.[)~ 15.001; 10.00x o.m lCl.[)Q"'f; 15.001; -HI_1loO\ 0.'"
tHI!~ •• 1rc:e, "ftet !t~to!" Increase SJ,2!9 12,5.36 SZ,2].7 11,"7 $2,26] 11 ,ell. t..?,663 Sl .. OOS $2,927 " .... :0-------_ ..... ---. ------. -----.--------------------------------------.------------------ - - - - - - - - - - - - --.----- - - - - - - - - - - - - - - - - - - - - - - - - -__ A a Two e." lite: Ill! _50 120.]5 124.42 '29_M IBO.e9 13'0_8"9 1]]_96 S39.t18 SJ'j.17 135_17
•• ···'"-,.··""',." .... = .... =-=r.Io:"'.,"'=::== .. _" ...... ·"',.= .. ,,==""~""".,,"'''c"====."=--"=="",="==="=":,.,,=,..==,, ... _.z==,,.~~,, .... zo=,,---... .. ==~ (') --------_ ...... _----. --------------------------------------------- --------------------------------------------".'---- -----------.------.----I Two C." hIe WI lot1III1 Jnfillltlcr. btt" (51;) 1111.50 119_"0 l2O.40 Sl1_40 122.50 W.6C "' ... 126.00 127_30 $21.70 ....... "----...... -'"""',.~".~~ ..... ,,~~ • .,.""=.~,, .... ~.="'''''''':>I ..... ,,==''"====== .. ""="':r.=_ .. ~I>O=,,_""="'"',,~ ..
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