Key provisions of the new Agreement include:
• All new clean-fuel vehicles (vehicles to be powered with renewable natural gas or electric).
The chart on page 173 of the Contract indicates that Athens will use 34 Autocar ACX64 trash trucks in their mix of 46 vehicles. The manufacturer offers a choice of Diesel or CNG/LNG engines. That rules out electric trash trucks.
The question is: what is meant by "renewable natural gas': how is it different from CNG, where do they get "renewable natural gas" and can it power the Autocar ACX64, or will Athens use CNG and not use a renewable fuel as stated in the report?
Athens proposes to use the following facilities for waste processing .
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ana a1sposa1:
Solid Waste: Calabasas Landfill
Recyclables: Sun Valley Materials Recovery Facility
Green and Organic Waste: American Organics (Victorville) Depending on route used, the roundtrip to American Organics (20055 Shay Rd, Victorville, CA 92394) is either 244 or 266 miles. This number of miles per truck per day will generate a significant amount of Greenhouse Gas (GHG) from the fuel burned.
The question is: How many trips per day to Victorville are estimated, has the GHG from these long hauls been calculated, and why can't they use a closer, more climate friendly composting site for green and organic waste - such as in Ventura County?
Sincerely,
FW: Scanned from Xerox Copier PRT15
From Cliff Finley
To Cyndi Rodriguez, Dominga Zambrano, Laura Maguire
Date 2021/03/09 12:03
Subject: FW: Scanned from Xerox Copier PRT15
Attachments: Scanned from Xerox Copier PRT15.pdf
Attached is the letter from Athens. Thank you!
From: Gary Clifford <[email protected]>
Sent: Tuesday, March 9, 2021 12:02 PM
To: Cliff Finley <[email protected]>
Subject: Fwd: Scanned from Xerox Copier PRT15
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Gary
From: [email protected] <[email protected]> Sent: Tuesday, March 9, 2021 11:45:23 AM
To: Becky Haywood <[email protected]>; Gary Clifford <[email protected]>
Subject: Scanned from Xerox Copier PRT15
AR004566
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AR004567
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./A, I Athens Services Your Zero Waste Parlner
March 9, 2021
Mayor Claudia Bill- de la Pena
Mayor Pro Tern Bob Engler
Councilmember Al Adam
Councilmember Ed Jones
Councilmember Kevin McNamee
Mr. Andrew P. Powers, City Manager
City of Thousand Oaks
2100 Thousand Oaks Blvd,
Thousand Oaks, CA 91362
Dear Mayor Bill-de la Pena, Mayor Pro Tern Engler, Councilmembers, and Mr. Powers:
I want to thank you for your vision and foresight in initiating the RFP process for Thousand Oaks' waste collection services. I am proud that Athens Services has earned the distinction of being recommended as your new waste and recycling partner after an extensive review and vetting process.
You leveled the playing field with specific criteria to meet current and future regulations, evaluated the proposers and ranked each respondent. Athens Services' proposal rose to the top for its substance, competitiveness and value. Athens carefully and thoughtfully prepared our proposal to be accurate, complete, and responsive to the requirements of the RFP. We stand behind our proposal, as well as all the terms and conditions in the agreement.
"How can Athens offer such great service at such low rates?" our competitors ask in their letters to the City. For one, Athens uses competitive market forces to procure landfill services. For example, Chiquita Canyon is a private landfill owned by a public company that is very profitable (like Waste Management). Chiquita Canyon's negotiated rate with Athens is under $30 per ton. In the absence of competition, pricing tends to be higher among companies both owning local landfills and controlling nearby franchises. For example, Waste Management owns and controls the Simi Valley Landfill to which Thousand Oaks waste goes, and charges almost twice as much compared to Chiquita Canyon's rate. By comparison, in areas like Orange County, where Waste Management competes, but does not own the landfill, we note that Waste Management appears to only charge approximately $20 per home ($17.74 per month per home in unincorporated Orange County and recently proposed $25.50 for Santa Ana).
Not too long ago, a consortium of Ventura County cities voiced concern over cost controls in cases where a collection company owns the landfill. Waste Management has enjoyed control in Thousand Oaks for many years and the difference in rates, compared to both Athens Services and in other cities, speaks volumes.
It is clear that this diligent RFP process and the selection of Athens Services represents an upset of your current haulers and their vendors who are simply looking to protect the status quo, and not the interest of the City or ratepayers. As a result, you have received letters from these two incumbent haulers (Waste Management and Harrison) and their vendor (Agromin). It appears the current haulers want more time to harass and lobby the City Council members with more misinformation to confuse, and renegotiate their existing contract. They already had the chance to negotiate a reasonable contract 14048 Valley Blvd., City of Industry, CA 91746
(888) 336-6100 AthensServices.com
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TO Response to Letters 3-9-2021_f
with the City. They raised their rates, claiming market forces. You astutely opted to check the market through the RFP process, resulting in a fair, competitive and independent selection of the best service and value.
In responding to allegations within the letters from Waste Management, Harrison and Agromin, please note the following:
• Athens Services spent months auditing and preparing our proposal that is being attacked at the last minute by the disappointed haulers through the introduction of false statements and misleading data. Again, our proposal is accurate, complete, responsive, and we stand behind our proposal, as well as all the terms and conditions in the agreement. • A 30-day continuance will not change the outcome of the RFP process and will degenerate the integrity of a fair and reasonable process that will result in a positive impact on your city and Ventura County.
• Our proposed rates are fair and equitable for the services requested in the RFP. Our competition is citing communities we serve that have different programs, processes and waste characterizations. They are attempting to compare apples-to-oranges in a blatant attempt to confuse and mislead the City. For example, they cite one of our valet backyard service cities where we hand carry the barrels to a small truck, then transfer the materials to a larger truck, and process the entire waste stream at our Material Recovery Facility. This is not a comparable to Thousand Oaks. The best example of competitive rates is using a city in your own county, Santa Paula. The comparative three-barrel rate is $21.79. We use the county facilities and our own green stream. The waste goes to Toland Road, the recycling goes to Del Norte, and the green waste goes to Athens' Crown facility and is composted at Blossom Valley Organics. We can offer competitive rates and best value, because we use public facilities that have a lower rates than the private WM Simi Valley Landfill and the Agromin facility. It is a good example of using your internal PUBLIC network, not PRIVATE ones. In addition, the following cities are good examples of three-barrel single stream programs that have residential rates similar to the Thousand Oaks rate of $24.36.
City Residential Rate
Norwalk
Redondo Beach
West Hollywood
Whittier
$18.90
$18.64
$17.63
$24.62
• Athens' proposed rates are at market. I would argue that your current pricing from WM and Harrison is not market driven or competitive, but the result of a long-term strategy to maintain an inflated price in your region. Our rates are competitive and again I would argue that the current rate structure is more "irrational and irresponsible" than our market driven competitive rates. • Your RFP structure was fair and equitable. All proposers had the same opportunity to give a competitive rate. While the current infrastructure vendors may have been reluctant to give Athens a competitive rate before or during the RFP, if Athens is awarded the contract, those very vendors will want to negotiate with Athens. Athens will negotiate with any qualified vendors in Ventura County for process services, but we will also bring our extensive infrastructure to AR004569
TO Response to Letters 3-9-2021_f
benefit Thousand Oaks and the county with enhanced recycling services, for which they are now underserved in our opinion.
• There is no CEQA or environmental issue. This RFP process and waste hauling franchise agreement is exempt from CEQA review. Please see the separate correspondence from our legal counsel, Manatt, dated March 9, 2021 (attached).
• The allegations that the city staff violated municipal code by recommending a hauler are unfounded and flatly contradict the established RFP process and contract procedure relied on by those same accusers in many jurisdictions. The City's municipal code expressly grants staff the authority to conduct and analyze compliance with the RFP requirements to determine value of the total scope of services, and perform follow-up interviews of the most qualified vendors. That is precisely what happen here. The staff report records staffs findings and conclusions after analyzing proposals and interviewing bidders to recommend the best hauler, which in this case is Athens.
• There are no issues relating to inflationary or legislative rate increases. The agreement contains language protecting Thousand Oaks. Your City Manager and Staff have drafted a contract that is the most comprehensive in the county. Your contract has a rate escalator in it and the staff report has indicated that even after the term, your rates will be lower than they are currently. • Our Athens Hauling Yards are best in class. Your staff had an opportunity to tour our infrastructure and speak with our employees and concur. We have yards in Sun Valley and Santa Paula and we are seeking out other local properties that will support service efficiencies. • Athens uses clean technology, renewable natural gas (RNG) vehicles and filling stations at our yards, with RNG contracts with BP and Trillium.
• Our programs are second to none and our employees experienced. Our references and customer service are ranked highest in the industry. Athens Services has a proven record of accomplishment for successful transitions, long-standing service contracts and customer relations. Our service implementation model is a step by step effective transition process that has made us transition experts in the industry.
• Most important are the people and jobs. Athens has committed that anyone currently employed in the Thousand Oaks solid waste franchise will have a home with Athens, be it a driver, helper, or operator at a facility. Athens pays our employees well, offering competitive rates of pay and benefits. It is our intent, as indicated in our proposal, to add jobs, add sales tax revenue, and add (for the first time) an actual Sustainability and Customer Care Center in Thousand Oaks. I guarantee you that if you award this contract to Athens, we will negotiate with Agromin, and if they give us a competitive rate, we will send them more organic product than they currently receive. There is no merit or truth to their claim that awarding Athens this contract will cost jobs in Ventura County. Athens is adding to your infrastructure, bringing great service, people, and programs to your community. You asked for it, your staff vetted it and made a recommendation, and now your decision will have a positive impact on the entire competitive landscape in Ventura County.
You had the vision for a new and competitive franchise agreement, and the process worked. You have created the very best position for your ratepayers. If chosen, Athens will work with the current Ventura County resources, create a new infrastructure in Ventura County, expanding job opportunities AR004570
TO Response to Letters 3-9-2021_f
and environmental resources. I urge you to move forward with the staff recommendation and not let the non-selected haulers disrupt such an outstanding process. ~ ySW
Gary M Clifford
Executive Vice President
Athens Services
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manatt
March 9, 2021
VIA E-MAIL
City Council of the City of Thousand Oaks
Thousand Oaks City Hall
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Victor De la Cruz
Manatt, Phelps & Phillips, LLP
Direct Dlal: (310) 312-4305
[email protected]
Client-Motter. 48655-036
Re: Agenda Item# 9A: Solid Waste Franchise Agreement Award Dear Mayor Bill-de Ia Pefia and Honorable Councilmembers:
This law firm represents Athens Services in connection with Item #9A on the City of Thousand Oaks ("City") City Council agenda for March 9, 2021. Harrison Industries ("Harrison"), Waste Management, and Agromin (together, ''Athens' Competitors") have, predictably, submitted letters opposing City staff's recommendation to approve the Exclusive Solid Waste Franchise Agreement ("Franchise Agreement") with Athens Services. This is not the first time that some of these competitors have opposed contract awards to Athens, so our client knows from experience that there is not/ting Athens could have bid that Athens' Competitors would find acceptable. Had Athens' price been higher, these competitors would, of course, be writing to state that the City must - by law - go with the low-cost bid. In the present instance - in a competitive process that is meant to elicit the best price and services for the Cityit's curious to see them urge the City to reject the low-price bid on the ground that the price is too low and out of concern that Athens would be in "survival mode" and its "viability and health" would be in jeopardy. While Athens appreciates its competitors' concerns, it should go without saying that their arguments do not pass the straight face test, and they are hardly in a position to objectively assess Athens' business decisions.
As set forth below, Athens' Competitors' claims have no merit. With respect to Waste Management's allegation that City staff has usurped the City Council's role by making a recommendation on the award, Waste Management would upend established contracting procedures throughout the entire country - essentially arguing against the process by which Waste Manage111e11t is selected in every other jurisdiction it does business in. Of course City staff does the analysis of the proposals and negotiates the contracts which then go to the City Council for approval. The idea that the City Council cannot rely on its staff to evaluate extremely detailed and lengthy proposals for contracting decisions, cannot rely on staff to make recommendations, and must negotiate contracts on the fly at the City Council hearing, is nothing short of preposterous. Likewise, the argument that the RFP erred in limiting options to a single 2049 Century Park East, Suite 1700, Los Angeles, California 90067 Telephone: 310.312.4000 Fax: 310.312.4224 Albany I Boston I Chicago I Los Angeles I New York I Orange County I Palo Alto I Sacramento I San Francisco I Washington, D.C.
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manatt
City Council of the City of Thousand Oaks
March 9, 2021
Page2
hauler scenario is equally desperate. Waste Management did not complain about this RFP provision when it thought it (and not Athens) might be selected to be that single waste hauler.
Athens' Competitors' know very well that having one hauler creates multiple routing efficiencies, in the process reducing the number of trucks and vehicle miles traveled, which in tum lead to cost savings for the City.
Having addressed the reduction of trucks and vehicle miles traveled that will occur through consolidation, we also respond to the baseless allegation that the City is required to conduct environmental review prior to approval of the Franchise Agreement. Athens' Competitors make numerous allegations about the facilities that Athens presumably would use, the alleged extra miles that would be traveled by Athens trucks, etc. And because, as with Athens' price, no good deed goes unpunished, they even find fault with Athens' commitment to use renewable natural gas (RNG) trucks.
But all the allegations about what Athens may or may not do once the contract is awarded in an attempt to devise a CEQA argument out of whole cloth are completely spurious. The fact that Waste Management calls the issues "Pote11tial CEQA Issues" (emphasis added) should serve as a telltale sign that Waste Management itself does not want to lock itself into a position that CEQA review is required here; if Waste Management did that, it would contradict wellestablished law and practice on Waste Managements' own contracts throughout the state.
As explained below, the Franchise Agreement qualifies for multiple CEQA exemptions, meaning an inquiry into the broad and generalized allegations raised in the letters from Athens' Competitors is not required. Further, even if it were, CEQA does not mandate analysis of wholly speculative impacts. (State CEQA Guidelines,§ 15064(d)(3).) Allegations that Athens trucks will travel more miles than Athens' Competitors are speculative for several reasons. First, in every past transition where Athens has replaced two or more franchises with a single franchise, Athens has been able to create economies of scale and reduce the overall number of trucks on the road simply through the increased efficiency of having a single company replace two or more companies to accomplish the same work. Also unstated in the various claims from Athens' Competitors are that these competitors often use each other's facilities when it makes sense to do so after agreement on business terms. At this point in time it is not possible to know exactly what facilities will be used. Waste Management has used Athens facilities in Southern California to meet its needs just as Athens has used Waste Management's facilities. For Athens' Competitors to pretend this will not occur here is disingenuous. Third, Athens will be undertaking a detailed route review and audit between approval of the Franchise Agreement and the service start date, during which time a detailed analysis of the most efficient routes and haul end points will be completed. Such a study cannot be completed prior to approval of the Franchise Agreement because the study requires outreach and coordination with Athens' Competitors' current customers. Given these facts, any attempt at a detailed comparison of miles traveled would be wholly speculative, and not required by CEQA.
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manatt
City Council of the City of Thousand Oaks
March 9, 2021
Page3
Be that as it may, the California Environmental Quality Act ("CEQA") (Pub. Resources Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., titl. 14, § 15000 et seq.) are clear that when an activity qualifies for one of several exemptions, no environmental review is required. Here, the City's approval of the Franchise Agreement qualifies for at least six separate exemptio11s, any one of which, on its own, would preclude the need for environmental review.
First, approval of the Franchise Agreement is exempt from environmental review under:
(1) State CEQA Guidelines, section 15378(b)(2), as a continuing administrative activity; (2) State CEQA Guidelines, section 15378(b)(4), as a government fiscal activity; and (3) State CEQA Guidelines, section 15378(b)(5), as an organizational or administrative activity. Under any of these three regulatory provisions, approval of the Franchise Agreement does not constitute a "project" for purposes ofCEQA, and does not require environmental review.
Second, approval of the Franchise Agreement is exempt from environmental review under State CEQA Guidelines, section I 5301. This categorical exemption applies to ongoing operations, including changes in ongoing operations, where there is no expansion of use. Today, residential and commercial waste hauling services are provided by Athens' Competitors. After execution of the Franchise Agreement, residential and commercial waste hauling services will continue on as they do today, only they will be provided by Athens. There is no expansion of use at issue here- approval of the Franchise Agreement does not expand the number of residential or commercial accounts in the City. Once a project qualifies for a categorical exemption, it is presumed to have no significant impact on the environment, and further environmental review justifying this presumption is not required. (Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1104-1105.) Additional environmental review would defeat the whole point of the exemption.
Third, approval of the Franchise Agreement is exempt under State CEQA Guidelines, section 15308. This categorical exemption applies to actions by regulatory agencies for protection of the environment. The Franchise Agreement implements the state's complex statutory scheme for waste reduction and diversion, including, inter alia, AB 341 (Mandatory Commercial Recycling), AB 827 (Recycling Containers), AB 1826 (Mandatory Organics Recycling), and SB 1383 (Short-Lived Climate Pollutants Reduction Strategy). The Franchise Agreement commits Athens to meeting and exceeding all City and State legislative requirements, which are regulatory actions to protect the environment. Thus, approval of the Franchise Agreement is exempt from environmental review.
Finally, approval of the Franchise Agreement is exempt under State CEQA Guidelines, section 1506l(b)(3), which exempts activities with no possibility of resulting in a significant effect on the environment. For all the reasons discussed herein, approval of the Franchise Agreement will not result in environmental impacts- waste hauling services will continue as they are today, only by Athens instead of Athens' Competitors.
AR004574
manatt
City Council of the City of Thousand Oaks
March 9, 2021
Page4
Thank you for the opportunity to provide the City with additional information relevant to the claims in the letters submitted by Athens' Competitors, and please do not hesitate to let Athens Services know if you have any questions prior to or during tonight's City Council hearing relating to the Franchise Agreement.
Very truly yours,
~~ Victor De la Cruz
Manatt, Phelps & Phillips, LLP
VSD
cc: Tracy Noonan, City Attorney, City of Thousand Oaks
Andrew P. Powers, City Manager, City of Thousand Oaks
RE: Scanned from Xerox Copier PRT15
From Laura Maguire
To Cliff Finley
Date 2021/03/09 12:05
Subject: RE: Scanned from Xerox Copier
PRT15
Thanks, Cliff!
From: Cliff Finley
Sent: Tuesday, March 9, 2021 12:04 PM
To: Laura Maguire <[email protected]>; Dominga Zambrano <[email protected]> Cc: Cyndi Rodriguez <[email protected]>
Subject: FW: Scanned from Xerox Copier PRT15
Attached is the letter from Athens. Thank you!
From: Gary Clifford <[email protected]>
Sent: Tuesday, March 9, 2021 12:02 PM
To: Cliff Finley <[email protected]>
Subject: Fwd: Scanned from Xerox Copier PRT15
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Gary
From: [email protected] <[email protected]> Sent: Tuesday, March 9, 2021 11:45:23 AM
To: Becky Haywood <[email protected]>; Gary Clifford <[email protected]>
Subject: Scanned from Xerox Copier PRT15
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AR004576
Fw: SCAN_20210308_182604.pdf
From Rod Cordova
To Helen Cox
Date 2021/03/09 12:06
Subject: Fw: SCAN_20210308_182604.pdf
Attachments: SCAN_20210308 _ 182604.pdf
Another letter submitted by a Harrison employee.
Rod Cordova
Assistant Analyst
Public Works Department
805.449.2468 I toaks .org/publicworks
~ Please consider the environment before printing this e-mai l From: Araceli Revelez <[email protected]>
Sent: Tuesday, March 9, 202112:07 PM
To: Rod Cordova <[email protected]>
Subject: SCAN_20210308_182604.pdf
CAUTION : This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello Mr. Cordova, please take a moment to read my letter in regards to my experiences with Athens Disposal. Thank you in advance for your consideration.
AR004577
March 8, 2021
Sylvia Fonseca
City of Thousand Oaks Council members,
I have been a resident of Santa Paula for 52years and have Athens for residential service. I also have many friends & family living in Santa Paula and we all agree that our residential service is really lacking in its responsiveness to service needs. Phone calls are not answered, request for barrel exchanges and missed barrel pick up are not done in a timely manner and this a common occurrence in the city.
Sometimes barrels are not dumped on the scheduled pick up day, they show up the next day, with the exception to a holiday schedule. Athens charges for past due balances 1.5% or a $5.00 minimum interest charge and $3.00 late fee. Also Santa Paula does not have a local office that accepts cash payments.
Recently, the city council at a meeting wanted to go to bid because of our complaints but we were told by staff that they needed time to do an RFP. Therefore, Athens contract was extended until a RFP could be put together.
I can only hope that the City Council of Thousand Oaks has checked into what is happening in Santa Paula and rethinks their staff's recommendation.
Sincerely,
~ ~~.· ( L/ 0 · /)_~&-
Sylvia Fonseca
AR004578
From: Araceli Revelez
Sent: Tuesday, March
To: Helen Cox <[email protected]>
Subject: SCAN_20210308_182604. pdf
CAUTION : This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. _J Hello Ms. Cox, please take a moment to read my letter in regards to my experiences with IA.thens Disposal. Thank you for your time and consideration.
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March 8, 2021
City of Thousand Oaks Council members,
I have been a resident of Santa Paula for 52years and have Athens for residential service. I also have many friends & family living in Santa Paula and we all agree that our residential service is really lacking in its responsiveness to service needs. Phone calls are not answered, request for barrel exchanges and missed barrel pick up are not done in a timely manner and this a common occurrence in the city.
Sometimes barrels are not dumped on the scheduled pick up day, they show up the next day, with the exception to a holiday schedule. Athens charges for past due balances 1.5% or a $5.00 minimum interest charge and $3.00 late fee. Also Santa Paula does not have a local office that accepts cash payments.
Recently, the city council at a meeting wanted to go to bid because of our complaints but we were told by staff that they needed time to do an RFP. Therefore, Athens contract was extended until a RFP could be put together.
I can only hope that the City Council of Thousand Oaks has checked into what is happening in Santa Paula and rethinks their staff's recommendation.
Sincerely,
~ ~~.· ( L/ 0 · /)_~&-
Sylvia Fonseca
RE: another image
From Helen Cox
To Cesar TorresGary Clifford
Date 2021/03/09 13:32
Subject: RE: another image
Thanks again!
Here’s part of my powerpoint script. Please can you check for accuracy – eidt as necessary. Thanks “Athens Services is a family-owned and –operated company running its operations out of their office in the City of Industry. When Los Angeles divided up the city into distinct separately-franchised geographical areas, Athens was awarded the largest part. Athens serves residents in Hermosa Beach, Redondo Beach, La Canada, Glendora, Monrovia, San Marino, Norwalk, South Pasadena, West Hollywood, Whittier, and Santa Paula plus many more.”
Helen
From: Cesar Torres [mailto:[email protected]]
Sent: Tuesday, March 9, 2021 1:11 PM
To: Helen Cox <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: RE: another image
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Helen,
One more, this one shows you our view of the cameras around the truck.
Regards,
Cesar Torres
From: Cesar Torres
Sent: Tuesday, March 9, 2021 12:47 PM
To: 'Helen Cox' <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: RE: another image
Here are a few more with the tablet.
From: Helen Cox <[email protected]>
Sent: Tuesday, March 9, 2021 12:17 PM
To: Cesar Torres <[email protected]>
Cc: Gary Clifford <[email protected]>
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I I
Cc: Gary Clifford <[email protected]>
Subject: [EXTERNAL] RE: another image
Perfect. Thanks Cesar
From: Cesar Torres [mailto:[email protected]]
Sent: Tuesday, March 9, 2021 12:04 PM
To: Helen Cox <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: RE: another image
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Here are a few picture I have from inside the cabin. The tablet is difficult to capture since it sits behind the middle console.
From: Helen Cox <[email protected]>
Sent: Tuesday, March 9, 2021 11:04 AM
To: Cesar Torres <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: [EXTERNAL] another image
Hi Cesar – DO you have a photo showing some of your technology inside the truck – eg driver’s camera view/dashboard? Just looking for an image to include in one of my slides. Thanks Helen
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I I
FW: Answer to Letters received
From Helen Cox
To Cyndi Rodriguez, Dominga Zambrano, Laura Maguire
Date 2021/03/09 14:44
Subject: FW: Answer to Letters received
Attachments: Scanned from Xerox Copier PRT15.pdf
This is a letter from Athens for the supplemental package. We are not sure whether this was already sent to you. Thanks
Helen
-----Original Message-----
From: Gary Clifford [mailto:[email protected]] Sent: Tuesday, March 9, 2021 11:49 AM
To: Helen Cox ; Cliff Finley ; Andrew Powers
Cc: Cesar Torres ; Greg Loughnane
Subject: Answer to Letters received
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Please confirm receipt. Thank you
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./A, I Athens Services Your Zero Waste Parlner
March 9, 2021
Mayor Claudia Bill- de la Pena
Mayor Pro Tern Bob Engler
Councilmember Al Adam
Councilmember Ed Jones
Councilmember Kevin McNamee
Mr. Andrew P. Powers, City Manager
City of Thousand Oaks
2100 Thousand Oaks Blvd,
Thousand Oaks, CA 91362
Dear Mayor Bill-de la Pena, Mayor Pro Tern Engler, Councilmembers, and Mr. Powers:
I want to thank you for your vision and foresight in initiating the RFP process for Thousand Oaks' waste collection services. I am proud that Athens Services has earned the distinction of being recommended as your new waste and recycling partner after an extensive review and vetting process.
You leveled the playing field with specific criteria to meet current and future regulations, evaluated the proposers and ranked each respondent. Athens Services' proposal rose to the top for its substance, competitiveness and value. Athens carefully and thoughtfully prepared our proposal to be accurate, complete, and responsive to the requirements of the RFP. We stand behind our proposal, as well as all the terms and conditions in the agreement.
"How can Athens offer such great service at such low rates?" our competitors ask in their letters to the City. For one, Athens uses competitive market forces to procure landfill services. For example, Chiquita Canyon is a private landfill owned by a public company that is very profitable (like Waste Management). Chiquita Canyon's negotiated rate with Athens is under $30 per ton. In the absence of competition, pricing tends to be higher among companies both owning local landfills and controlling nearby franchises. For example, Waste Management owns and controls the Simi Valley Landfill to which Thousand Oaks waste goes, and charges almost twice as much compared to Chiquita Canyon's rate. By comparison, in areas like Orange County, where Waste Management competes, but does not own the landfill, we note that Waste Management appears to only charge approximately $20 per home ($17.74 per month per home in unincorporated Orange County and recently proposed $25.50 for Santa Ana).
Not too long ago, a consortium of Ventura County cities voiced concern over cost controls in cases where a collection company owns the landfill. Waste Management has enjoyed control in Thousand Oaks for many years and the difference in rates, compared to both Athens Services and in other cities, speaks volumes.
It is clear that this diligent RFP process and the selection of Athens Services represents an upset of your current haulers and their vendors who are simply looking to protect the status quo, and not the interest of the City or ratepayers. As a result, you have received letters from these two incumbent haulers (Waste Management and Harrison) and their vendor (Agromin). It appears the current haulers want more time to harass and lobby the City Council members with more misinformation to confuse, and renegotiate their existing contract. They already had the chance to negotiate a reasonable contract 14048 Valley Blvd., City of Industry, CA 91746
(888) 336-6100 AthensServices.com
AR004584
TO Response to Letters 3-9-2021_f
with the City. They raised their rates, claiming market forces. You astutely opted to check the market through the RFP process, resulting in a fair, competitive and independent selection of the best service and value.
In responding to allegations within the letters from Waste Management, Harrison and Agromin, please note the following:
• Athens Services spent months auditing and preparing our proposal that is being attacked at the last minute by the disappointed haulers through the introduction of false statements and misleading data. Again, our proposal is accurate, complete, responsive, and we stand behind our proposal, as well as all the terms and conditions in the agreement. • A 30-day continuance will not change the outcome of the RFP process and will degenerate the integrity of a fair and reasonable process that will result in a positive impact on your city and Ventura County.
• Our proposed rates are fair and equitable for the services requested in the RFP. Our competition is citing communities we serve that have different programs, processes and waste characterizations. They are attempting to compare apples-to-oranges in a blatant attempt to confuse and mislead the City. For example, they cite one of our valet backyard service cities where we hand carry the barrels to a small truck, then transfer the materials to a larger truck, and process the entire waste stream at our Material Recovery Facility. This is not a comparable to Thousand Oaks. The best example of competitive rates is using a city in your own county, Santa Paula. The comparative three-barrel rate is $21.79. We use the county facilities and our own green stream. The waste goes to Toland Road, the recycling goes to Del Norte, and the green waste goes to Athens' Crown facility and is composted at Blossom Valley Organics. We can offer competitive rates and best value, because we use public facilities that have a lower rates than the private WM Simi Valley Landfill and the Agromin facility. It is a good example of using your internal PUBLIC network, not PRIVATE ones. In addition, the following cities are good examples of three-barrel single stream programs that have residential rates similar to the Thousand Oaks rate of $24.36.
City Residential Rate
Norwalk
Redondo Beach
West Hollywood
Whittier
$18.90
$18.64
$17.63
$24.62
• Athens' proposed rates are at market. I would argue that your current pricing from WM and Harrison is not market driven or competitive, but the result of a long-term strategy to maintain an inflated price in your region. Our rates are competitive and again I would argue that the current rate structure is more "irrational and irresponsible" than our market driven competitive rates. • Your RFP structure was fair and equitable. All proposers had the same opportunity to give a competitive rate. While the current infrastructure vendors may have been reluctant to give Athens a competitive rate before or during the RFP, if Athens is awarded the contract, those very vendors will want to negotiate with Athens. Athens will negotiate with any qualified vendors in Ventura County for process services, but we will also bring our extensive infrastructure to AR004585
TO Response to Letters 3-9-2021_f
benefit Thousand Oaks and the county with enhanced recycling services, for which they are now underserved in our opinion.
• There is no CEQA or environmental issue. This RFP process and waste hauling franchise agreement is exempt from CEQA review. Please see the separate correspondence from our legal counsel, Manatt, dated March 9, 2021 (attached).
• The allegations that the city staff violated municipal code by recommending a hauler are unfounded and flatly contradict the established RFP process and contract procedure relied on by those same accusers in many jurisdictions. The City's municipal code expressly grants staff the authority to conduct and analyze compliance with the RFP requirements to determine value of the total scope of services, and perform follow-up interviews of the most qualified vendors. That is precisely what happen here. The staff report records staffs findings and conclusions after analyzing proposals and interviewing bidders to recommend the best hauler, which in this case is Athens.
• There are no issues relating to inflationary or legislative rate increases. The agreement contains language protecting Thousand Oaks. Your City Manager and Staff have drafted a contract that is the most comprehensive in the county. Your contract has a rate escalator in it and the staff report has indicated that even after the term, your rates will be lower than they are currently. • Our Athens Hauling Yards are best in class. Your staff had an opportunity to tour our infrastructure and speak with our employees and concur. We have yards in Sun Valley and Santa Paula and we are seeking out other local properties that will support service efficiencies. • Athens uses clean technology, renewable natural gas (RNG) vehicles and filling stations at our yards, with RNG contracts with BP and Trillium.
• Our programs are second to none and our employees experienced. Our references and customer service are ranked highest in the industry. Athens Services has a proven record of accomplishment for successful transitions, long-standing service contracts and customer relations. Our service implementation model is a step by step effective transition process that has made us transition experts in the industry.
• Most important are the people and jobs. Athens has committed that anyone currently employed in the Thousand Oaks solid waste franchise will have a home with Athens, be it a driver, helper, or operator at a facility. Athens pays our employees well, offering competitive rates of pay and benefits. It is our intent, as indicated in our proposal, to add jobs, add sales tax revenue, and add (for the first time) an actual Sustainability and Customer Care Center in Thousand Oaks. I guarantee you that if you award this contract to Athens, we will negotiate with Agromin, and if they give us a competitive rate, we will send them more organic product than they currently receive. There is no merit or truth to their claim that awarding Athens this contract will cost jobs in Ventura County. Athens is adding to your infrastructure, bringing great service, people, and programs to your community. You asked for it, your staff vetted it and made a recommendation, and now your decision will have a positive impact on the entire competitive landscape in Ventura County.
You had the vision for a new and competitive franchise agreement, and the process worked. You have created the very best position for your ratepayers. If chosen, Athens will work with the current Ventura County resources, create a new infrastructure in Ventura County, expanding job opportunities AR004586
TO Response to Letters 3-9-2021_f
and environmental resources. I urge you to move forward with the staff recommendation and not let the non-selected haulers disrupt such an outstanding process. ~ ySW
Gary M Clifford
Executive Vice President
Athens Services
AR004587
manatt
March 9, 2021
VIA E-MAIL
City Council of the City of Thousand Oaks
Thousand Oaks City Hall
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Victor De la Cruz
Manatt, Phelps & Phillips, LLP
Direct Dlal: (310) 312-4305
[email protected]
Client-Motter. 48655-036
Re: Agenda Item# 9A: Solid Waste Franchise Agreement Award Dear Mayor Bill-de Ia Pefia and Honorable Councilmembers:
This law firm represents Athens Services in connection with Item #9A on the City of Thousand Oaks ("City") City Council agenda for March 9, 2021. Harrison Industries ("Harrison"), Waste Management, and Agromin (together, ''Athens' Competitors") have, predictably, submitted letters opposing City staff's recommendation to approve the Exclusive Solid Waste Franchise Agreement ("Franchise Agreement") with Athens Services. This is not the first time that some of these competitors have opposed contract awards to Athens, so our client knows from experience that there is not/ting Athens could have bid that Athens' Competitors would find acceptable. Had Athens' price been higher, these competitors would, of course, be writing to state that the City must - by law - go with the low-cost bid. In the present instance - in a competitive process that is meant to elicit the best price and services for the Cityit's curious to see them urge the City to reject the low-price bid on the ground that the price is too low and out of concern that Athens would be in "survival mode" and its "viability and health" would be in jeopardy. While Athens appreciates its competitors' concerns, it should go without saying that their arguments do not pass the straight face test, and they are hardly in a position to objectively assess Athens' business decisions.
As set forth below, Athens' Competitors' claims have no merit. With respect to Waste Management's allegation that City staff has usurped the City Council's role by making a recommendation on the award, Waste Management would upend established contracting procedures throughout the entire country - essentially arguing against the process by which Waste Manage111e11t is selected in every other jurisdiction it does business in. Of course City staff does the analysis of the proposals and negotiates the contracts which then go to the City Council for approval. The idea that the City Council cannot rely on its staff to evaluate extremely detailed and lengthy proposals for contracting decisions, cannot rely on staff to make recommendations, and must negotiate contracts on the fly at the City Council hearing, is nothing short of preposterous. Likewise, the argument that the RFP erred in limiting options to a single 2049 Century Park East, Suite 1700, Los Angeles, California 90067 Telephone: 310.312.4000 Fax: 310.312.4224 Albany I Boston I Chicago I Los Angeles I New York I Orange County I Palo Alto I Sacramento I San Francisco I Washington, D.C.
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manatt
City Council of the City of Thousand Oaks
March 9, 2021
Page2
hauler scenario is equally desperate. Waste Management did not complain about this RFP provision when it thought it (and not Athens) might be selected to be that single waste hauler.
Athens' Competitors' know very well that having one hauler creates multiple routing efficiencies, in the process reducing the number of trucks and vehicle miles traveled, which in tum lead to cost savings for the City.
Having addressed the reduction of trucks and vehicle miles traveled that will occur through consolidation, we also respond to the baseless allegation that the City is required to conduct environmental review prior to approval of the Franchise Agreement. Athens' Competitors make numerous allegations about the facilities that Athens presumably would use, the alleged extra miles that would be traveled by Athens trucks, etc. And because, as with Athens' price, no good deed goes unpunished, they even find fault with Athens' commitment to use renewable natural gas (RNG) trucks.
But all the allegations about what Athens may or may not do once the contract is awarded in an attempt to devise a CEQA argument out of whole cloth are completely spurious. The fact that Waste Management calls the issues "Pote11tial CEQA Issues" (emphasis added) should serve as a telltale sign that Waste Management itself does not want to lock itself into a position that CEQA review is required here; if Waste Management did that, it would contradict wellestablished law and practice on Waste Managements' own contracts throughout the state.
As explained below, the Franchise Agreement qualifies for multiple CEQA exemptions, meaning an inquiry into the broad and generalized allegations raised in the letters from Athens' Competitors is not required. Further, even if it were, CEQA does not mandate analysis of wholly speculative impacts. (State CEQA Guidelines,§ 15064(d)(3).) Allegations that Athens trucks will travel more miles than Athens' Competitors are speculative for several reasons. First, in every past transition where Athens has replaced two or more franchises with a single franchise, Athens has been able to create economies of scale and reduce the overall number of trucks on the road simply through the increased efficiency of having a single company replace two or more companies to accomplish the same work. Also unstated in the various claims from Athens' Competitors are that these competitors often use each other's facilities when it makes sense to do so after agreement on business terms. At this point in time it is not possible to know exactly what facilities will be used. Waste Management has used Athens facilities in Southern California to meet its needs just as Athens has used Waste Management's facilities. For Athens' Competitors to pretend this will not occur here is disingenuous. Third, Athens will be undertaking a detailed route review and audit between approval of the Franchise Agreement and the service start date, during which time a detailed analysis of the most efficient routes and haul end points will be completed. Such a study cannot be completed prior to approval of the Franchise Agreement because the study requires outreach and coordination with Athens' Competitors' current customers. Given these facts, any attempt at a detailed comparison of miles traveled would be wholly speculative, and not required by CEQA.
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manatt
City Council of the City of Thousand Oaks
March 9, 2021
Page3
Be that as it may, the California Environmental Quality Act ("CEQA") (Pub. Resources Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., titl. 14, § 15000 et seq.) are clear that when an activity qualifies for one of several exemptions, no environmental review is required. Here, the City's approval of the Franchise Agreement qualifies for at least six separate exemptio11s, any one of which, on its own, would preclude the need for environmental review.
First, approval of the Franchise Agreement is exempt from environmental review under:
(1) State CEQA Guidelines, section 15378(b)(2), as a continuing administrative activity; (2) State CEQA Guidelines, section 15378(b)(4), as a government fiscal activity; and (3) State CEQA Guidelines, section 15378(b)(5), as an organizational or administrative activity. Under any of these three regulatory provisions, approval of the Franchise Agreement does not constitute a "project" for purposes ofCEQA, and does not require environmental review.
Second, approval of the Franchise Agreement is exempt from environmental review under State CEQA Guidelines, section I 5301. This categorical exemption applies to ongoing operations, including changes in ongoing operations, where there is no expansion of use. Today, residential and commercial waste hauling services are provided by Athens' Competitors. After execution of the Franchise Agreement, residential and commercial waste hauling services will continue on as they do today, only they will be provided by Athens. There is no expansion of use at issue here- approval of the Franchise Agreement does not expand the number of residential or commercial accounts in the City. Once a project qualifies for a categorical exemption, it is presumed to have no significant impact on the environment, and further environmental review justifying this presumption is not required. (Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1104-1105.) Additional environmental review would defeat the whole point of the exemption.
Third, approval of the Franchise Agreement is exempt under State CEQA Guidelines, section 15308. This categorical exemption applies to actions by regulatory agencies for protection of the environment. The Franchise Agreement implements the state's complex statutory scheme for waste reduction and diversion, including, inter alia, AB 341 (Mandatory Commercial Recycling), AB 827 (Recycling Containers), AB 1826 (Mandatory Organics Recycling), and SB 1383 (Short-Lived Climate Pollutants Reduction Strategy). The Franchise Agreement commits Athens to meeting and exceeding all City and State legislative requirements, which are regulatory actions to protect the environment. Thus, approval of the Franchise Agreement is exempt from environmental review.
Finally, approval of the Franchise Agreement is exempt under State CEQA Guidelines, section 1506l(b)(3), which exempts activities with no possibility of resulting in a significant effect on the environment. For all the reasons discussed herein, approval of the Franchise Agreement will not result in environmental impacts- waste hauling services will continue as they are today, only by Athens instead of Athens' Competitors.
AR004590
manatt
City Council of the City of Thousand Oaks
March 9, 2021
Page4
Thank you for the opportunity to provide the City with additional information relevant to the claims in the letters submitted by Athens' Competitors, and please do not hesitate to let Athens Services know if you have any questions prior to or during tonight's City Council hearing relating to the Franchise Agreement.
Very truly yours,
~~ Victor De la Cruz
Manatt, Phelps & Phillips, LLP
VSD
cc: Tracy Noonan, City Attorney, City of Thousand Oaks
Andrew P. Powers, City Manager, City of Thousand Oaks
RE: another image
From Cesar Torres
To Gary Clifford, Helen Cox
Date 2021/03/09 15:07
Subject: RE: another image
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Here are my recommended changes:
“Athens Services is a family-owned and –operated company running its operations out of their office in the City of Industry. When Los Angeles divided up the city into eleven distinct separately-franchised zones geographical areas, Athens was awarded three zones, the largest part. Athens serves residents in Hermosa Beach, Redondo Beach, La Canada, Glendora, Monrovia, San Marino, Norwalk, South Pasadena, West Hollywood, Whittier, and Santa Paula plus many more.” Regards,
Cesar Torres
From: Helen Cox <[email protected]>
Sent: Tuesday, March 9, 2021 1:32 PM
To: Cesar Torres <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: [EXTERNAL] RE: another image
Thanks again!
Here’s part of my powerpoint script. Please can you check for accuracy – eidt as necessary. Thanks “Athens Services is a family-owned and –operated company running its operations out of their office in the City of Industry. When Los Angeles divided up the city into distinct separately-franchised geographical areas, Athens was awarded the largest part. Athens serves residents in Hermosa Beach, Redondo Beach, La Canada, Glendora, Monrovia, San Marino, Norwalk, South Pasadena, West Hollywood, Whittier, and Santa Paula plus many more.”
Helen
From: Cesar Torres [mailto:[email protected]]
Sent: Tuesday, March 9, 2021 1:11 PM
To: Helen Cox <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: RE: another image
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Helen,
AR004591
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I
One more, this one shows you our view of the cameras around the truck.
Regards,
Cesar Torres
From: Cesar Torres
Sent: Tuesday, March 9, 2021 12:47 PM
To: 'Helen Cox' <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: RE: another image
Here are a few more with the tablet.
From: Helen Cox <[email protected]>
Sent: Tuesday, March 9, 2021 12:17 PM
To: Cesar Torres <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: [EXTERNAL] RE: another image
Perfect. Thanks Cesar
From: Cesar Torres [mailto:[email protected]]
Sent: Tuesday, March 9, 2021 12:04 PM
To: Helen Cox <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: RE: another image
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Here are a few picture I have from inside the cabin. The tablet is difficult to capture since it sits behind the middle console.
From: Helen Cox <[email protected]>
Sent: Tuesday, March 9, 2021 11:04 AM
To: Cesar Torres <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: [EXTERNAL] another image
Hi Cesar – DO you have a photo showing some of your technology inside the truck – eg driver’s camera view/dashboard? Just looking for an image to include in one of my slides. Thanks Helen
AR004592
I I
RE: another image
From Helen Cox
To Cesar TorresGary Clifford
Date 2021/03/09 15:17
Subject: RE: another image
Great. Thanks Cesar
From: Cesar Torres [mailto:[email protected]]
Sent: Tuesday, March 9, 2021 3:08 PM
To: Helen Cox <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: RE: another image
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Here are my recommended changes:
“Athens Services is a family-owned and –operated company running its operations out of their office in the City of Industry. When Los Angeles divided up the city into eleven distinct separately-franchised zones geographical areas, Athens was awarded three zones, the largest part. Athens serves residents in Hermosa Beach, Redondo Beach, La Canada, Glendora, Monrovia, San Marino, Norwalk, South Pasadena, West Hollywood, Whittier, and Santa Paula plus many more.” Regards,
Cesar Torres
From: Helen Cox <[email protected]>
Sent: Tuesday, March 9, 2021 1:32 PM
To: Cesar Torres <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: [EXTERNAL] RE: another image
Thanks again!
Here’s part of my powerpoint script. Please can you check for accuracy – eidt as necessary. Thanks “Athens Services is a family-owned and –operated company running its operations out of their office in the City of Industry. When Los Angeles divided up the city into distinct separately-franchised geographical areas, Athens was awarded the largest part. Athens serves residents in Hermosa Beach, Redondo Beach, La Canada, Glendora, Monrovia, San Marino, Norwalk, South Pasadena, West Hollywood, Whittier, and Santa Paula plus many more.”
Helen
From: Cesar Torres [mailto:[email protected]]
Sent: Tuesday, March 9, 2021 1:11 PM
To: Helen Cox <[email protected]>
Cc: Gary Clifford <[email protected]>
AR004593
I
-
---- -
-
- -
Cc: Gary Clifford <[email protected]>
Subject: RE: another image
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Helen,
One more, this one shows you our view of the cameras around the truck.
Regards,
Cesar Torres
From: Cesar Torres
Sent: Tuesday, March 9, 2021 12:47 PM
To: 'Helen Cox' <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: RE: another image
Here are a few more with the tablet.
From: Helen Cox <[email protected]>
Sent: Tuesday, March 9, 2021 12:17 PM
To: Cesar Torres <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: [EXTERNAL] RE: another image
Perfect. Thanks Cesar
From: Cesar Torres [mailto:[email protected]]
Sent: Tuesday, March 9, 2021 12:04 PM
To: Helen Cox <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: RE: another image
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Here are a few picture I have from inside the cabin. The tablet is difficult to capture since it sits behind the middle console.
From: Helen Cox <[email protected]>
Sent: Tuesday, March 9, 2021 11:04 AM
AR004594
I I
I I
Sent: Tuesday, March 9, 2021 11:04 AM
To: Cesar Torres <[email protected]>
Cc: Gary Clifford <[email protected]>
Subject: [EXTERNAL] another image
Hi Cesar – DO you have a photo showing some of your technology inside the truck – eg driver’s camera view/dashboard? Just looking for an image to include in one of my slides. Thanks Helen
AR004595
FW: Hauling contract
From Cliff Finley
To Gary Clifford
([email protected])
Date 2021/03/09 15:17
Subject: FW: Hauling contract
If you know anything about any of these, be prepared to respond to questions. Thank you! From: Tracy Noonan
Sent: Tuesday, March 9, 2021 10:44 AM
To: Cliff Finley <[email protected]>
Subject: Fwd: Hauling contract
Sent from my iPad
Begin forwarded message:
From: Ed Jones <[email protected]>
Date: March 9, 2021 at 10:43:25 AM PST
To: [email protected], Helen Cox <[email protected]>, Andrew Powers <[email protected]>, Tracy Noonan <[email protected]>
Subject: FW: Hauling contract
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi All,
Just received this – any comments about this info?
Ed
Hi Ed,
To keep it simple at this time, I think there is enough reason in these attached articles regarding how Athens has conducted themselves in other cities to ask for further research, in writing, from these cities. The city is proposing to remove two vendors that have served the City well for nearly 50 years without allowing City Council to meet them and ask questions of your own.
Here is the report:
● Temple City: 2021 Rate Increase & Automation Coming
○ City was sanctioned by CalRecycle and was facing the $10,000 daily fine
AR004596
I
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fine
○ Commercial Rates will rise 20.2% and multi-family will rise 26.5% ○ Agreement extended to 30 year rolling evergreen contract ○ $300,000 to general fund every year
○ R3 Consultants performed analysis
○ https://www.ci.temple-city.ca.us/1275/Trash-Service-ChangesComing-Soon ○ https://www.ci.templecity.ca.us/DocumentCenter/View/15792/10A_Athens_ThirdAmended-and-Restated-Agreement-with-Athens_Staff-Report-Finalw-attachments?bidId= ● Norwalk: 2020 Rate Increase
○ Athens raises residential rates 13% in Norwalk while also receiving contract extension until 2028.
○ Residential rates are on the low end, but commercial rates are one of the highest based on rate survey
○ Athens no longer has to maintain an office in Norwalk as part of the new agreement
○ Uses Commerce and Long Beach Incinerators as reason for rate increase but I’m pretty sure they were taking trash to their own transfer anyway
○ Articles:
■ http://www.thenorwalkpatriot.com/news/2020/10/22/newathens-agreement-raises-monthly-rates ■ https://www.whittierdailynews.com/2020/10/21/norwalkresidents-to-get-13-trash-rate-increase-business-rates-frozen/ ● West Covina: 2016 Rate Increase Despite Opposition
○ Increase of 7% & 3% CPI
○ 1 Time Franchise Fee of $650,000
○ Annual Payment of $300,000 to City
○ 25-year evergreen
○ Article: Attached in email
● West Hollywood: 2014 Decision to move to Evergreen Contract ○ 15 year evergreen
○ From the article: “In 2008, Athens convinced the City Council to let it increase charges to local businesses by 40 percent more than allowed in its contract, citing rising costs. Athens agreed to implement the increase over four years if the city would extends its contract until 2016”.
○ From the article: “he noted that other trash haulers who bid on the contract had argued that Athens was offering an
unrealistically low rate. The implication was that Athens underbid the other contractors with the idea that it would return and ask for an increase later.”
○ R3 Consulting Group performed analysis
○ Article:
■ https://wehoville.com/2014/06/23/weho-city-councilconsider-long-extension-contract-politically-influential-trashcollector/ ● Redondo Beach: 2014 Rate Increase
○ Athens increases rates 7.5% after misjudging disposal rates. This is on top of a 10% increase the previous year.
AR004597
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on top of a 10% increase the previous year.
○ From the article:
■ “Refuse-hauling rates in Redondo Beach likely will climb nearly 7.5 percent by summer.”
■ “Last year, the city’s waste hauler, Athens Services, requested a 10 percent extraordinary refuse rate adjustment from each of its contracted cities to offset increases due to the closure of the Puente Hills Landfill last October.“
○ Article: https://rb.gy/ryvcyg
● Montebello: 2020 Settlement to 12 year Lawsuit
○ Rates rose 30% immediately and city now has to pay Athens $800,000
○ Article:
■ https://www.whittierdailynews.com/2020/02/13/athensmontebello-settle-trash-war/ ● San Bernardino County Landfill Contract
○ Athens claims to be a landfill avoidance company but runs one of the largest landfill contracts in SoCal
○ Article:
■ https://www.vvng.com/san-bernardino-county-extendslandfill-contract-with-athens-services-to-2031/ AR004598
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Fwd: Athens Environmental Services
From Andrew Powers
To Cliff Finley, Helen Cox, Tracy Noonan
Date 2021/03/09 16:31
Subject: Fwd: Athens Environmental Services
Attachments: 0.jpg, 20210310015334153.pdf
AR004599
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Begin forwarded message:
From: Rosie Castillo <[email protected]>
Date: March 9, 2021 at 3:51:45 PM PST
To: [email protected], Bob Engler <[email protected]>, Al Adam <[email protected]>, Andrew Powers <[email protected]>, Ed Jones <[email protected]>, Kevin McNamee <[email protected]>
Subject: Athens Environmental Services
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Please see attached.
Thank you,
Rosie Castillo
Rosie Castillo
Director of Housing & Commercial Operations
1141 Cummings Road
Santa Paula, CA 93060
Office: 805-525-5541, x1038
Fax: 805-293-8506
Email: [email protected]
This message (and any associated files) is intended for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret. If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. Messages sent to and from Limoneira Company may be monitored.
Internet communications cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. Therefore, we do not accept responsibility for any errors or omissions that are present in this message, or any attachment, that have arisen as a result of e-mail transmission. If verification is required, please request a hard-copy version. Any views or opinions presented are solely those of the author and do not necessarily represent those of Limoneira Company.
AR004600
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AR004601
LIMONLIRA
SINCE 1893
March 4, 2021
To whom it may concern,
I am writing this letter to express my opinion with the service we have received from Athens Environmental Services. I currently manage commercial buildings in the City of Santa Paula.
When I started managing those buildings, we had E. J. Harrison handling our waste and was more than satisfied with their service, and if there was ever a problem, I called and spoke to a live customer service person and the problem was promptly taken care of. Then, the city awarded the waste handling to Crown Disposal. The cost for waste removal was increased substantially. However, the customer service was even worse than the increased cost.
Soon after, Recology took over and the service continued to deteriorate. We continued to have missed trash collection and when I called their customer service, there was no answer or return calls. Recology was then acquired by Athens Environmental Services. The customer service and quality issues continued. My most recent interactions with their Customer Service department was when we sold a property. I called Athens to let them know we no longer owned the property and they continued to bill me every month. Every month I would call, they told me they would take care of it and the next month, I again received a bill. That cycle continued for several months. They also told me that it was necessary for the new owners to establish service. I gave them the new owner's information and I was told I would continue to be billed until that happened.
While Athens prices may be competitive, I don't feel that Athens has provided the service we had come to expect and deserve as residents and businesses of Santa Paula.
Respectfully,
Rosie Castillo
Director or Housing and Commercial Operations
1 SUPPLEMENTAL ADMINISTRATIVE RECORD INDEX
[* Rules of Court, Rule 3.2205; Ventura County Superior Court Rule 28.00(K)(3)(c)] G.I. Industries dba Waste Management v. City of Thousand Oaks, et al.
Ventura County Superior Court Case No. 56-2021-00553340-CU-WM-VTA [Related to Case Nos. 56-2021-00554581-CU-WM-VTA and 56-2021-00556158-CU-BT-VTA] DATE DOCUMENT DESCRIPTION BATES NO.
I. CORRESPONDENCE
11/12/2020 Email from Rod Cordova, Public Works Department, to Daniel Harrison, EJ Harrison and Sons, re Thousand Oaks RFP – EJ Harrison Interview Invitation and Questions with Attachment: EJ Harrison Questions 111220
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004482
11/12/2020 Email from Daniel Harrison, EJ Harrison and Sons, to Rod Cordova, Public Works Department, re RE: Thousand Oaks RFP – EJ Harrison Interview Invitation and Questions
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004484
11/12/2020 Email from Rod Cordova, Public Works Department, to Helen Cox, City of Thousand Oaks, re FW: Thousand Oaks RFP – EJ Harrison Interview Invitation and Questions AR004485-
004486
03/04/2021 Email from Ellen Rosa, City of Thousand Oaks, to Multiple Recipients re FW: Weekly Meeting: Mayor Pro Tem Engler/City Manager/City Attorney AR004487-
004488
03/04/2021 Email from Ellen Rosa, City of Thousand Oaks, to Multiple Recipients re Introductory Meeting: Councilmember Al Adam/Athens Services
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03/05/2021 Email from Helen Cox, City of Thousand Oaks, to Multiple Recipients re FW: Solid Waste Franchise Agreement Award with Attachments: image0001.gif, image003.jpg, Response to Staff Report 3.5.2021.Final.3.pdf
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004495
03/05/2021 Email from Helen Cox, City of Thousand Oaks, to Richard Tagore-Erwin re FW: Solid Waste Franchise Agreement Award with Attachments: image0001.gif, image003.jpg, Response to Staff Report 3.5.2021.Final.3.pdf
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004501
03/06/2021 Email from Gary Clifford, Athens Services, to Cliff Finley, City of Thousand Oaks, re Re: Communications from Waste Haulers
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03/08/2021 Letter from Sylvia Fonseca to City of Thousand Oaks Councilmembers re Comments on staff services recommendation
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004505
03/08/2021 Email from Jennifer Lynch, Manatt Phelps & Phillips, to Multiple Recipients re RE:
Introduction and Athens Franchise Agreement with Attachment: image001.png AR004506-
004507
03/08/2021 Email from Ellen Rosa, City of Thousand Oaks, to Multiple Recipients re Weekly Meeting: Mayor Bill-de la Pena/City Manager/City Attorney AR004508-
004509
03/08/2021 Email from Andrew Powers to Multiple Recipients re Letter from Waste Management with Attachment: TO Letter WM Request – 03-05-2021.pdf
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004516
03/08/2021 Email from Ellen Rosa, City of Thousand Oaks, to Multiple Recipients re Weekly Meeting: Mayor Pro Tem Engler/City Manager/City Attorney AR004517-
004518
03/08/2021 Email from Richard Tagore-Erwin, R3 Consulting Group, to Claire Wilson and Helen Cox re FW: Thousand Oaks Facilities with Attachments: image001.gif, image002.gif, Form E_Disposal Blossom Valley_030821_Revised.pdf, Form E_Disposal Amerian Organics_030821_Revised.pdf
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004523
2 03/08/2021 Email from Ellen Rosa, City of Thousand Oaks, to Multiple Recipients re Introductory Meeting: Councilmember Al Adam/Athens Services
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03/08/2021 Email from Helen Cox to Rod Cordova re Solid Waste Franchise Agreement Award with Attachments: image001.gif, image003.jpg, Response to Staff Report3.5.2021.Final.3.pdf
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004529
03/08/2021 Email from Katie Morris to Multiple Recipients re Meeting with City Manager/City Attorney/Councilmember Jones
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03/08/2021 Email from Council Calendar to Multiple Recipients re Councilmember McNamee/City Manager/City Attorney
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004532
03/08/2021 Email from Unknown to Laura re FW: Letter from Ron Arakelian III with Attachments: 2021.03.08 – TO Letter signed by R3.pdf
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004535
03/08/2021 Email from Helen Cox, City of Thousand Oaks, to Claire Wilson and Richard TagoreErwin re RE: Thousand Oaks Facilities with Attachments: image001.gif, image002.gifAR004536- 004537
03/08/2021 Email from Araceli Revelez, EJ Harrison & Sons, to Helen Cox, City of Thousand Oaks, re Athens Disposal Agenda
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004540
03/08/2021 Email from Cliff Finley, City of Thousand Oaks, to Gary Clifford, Athens Services, re FW: Response Letter to Agenda 9A – Solid Waste Franchise Agreement Award with Attachments: image003.png, image006.png, Response Letter to Agenda Item 9A-Solid Waste Franchise Agreement Award.pdf
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004546
03/08/2021 Email from Helen Cox, City of Thousand Oaks, to Rod Cordova, City of Thousand Oaks, re RE: Athens Disposal Agenda
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03/09/2021 Email from John Brooks to Helen Cox and Rod Cordova re FW: Thousand Oaks Solid Waste Franchise Agreement
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004549
03/09/2021 Email from Rod Cordova to Helen Cox re FW: Thousand Oaks Solid Waste Franchise Agreement
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004551
03/09/2021 Email from Katie Morris to Multiple Recipients re Meeting with City Manager/City Attorney/Councilmember Jones
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03/09/2021 Email from Gary Clifford, Athens Services, to Cliff Finley and Helen Cox re FW:
Other OC Rates with Attachments: image001.png, image002.gif AR004553-
004554
03/09/2021 Email from Gary Clifford, Athens Services, to Cliff Finley and Helen Cox re RE:
Hauling contract
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004558
03/09/2021 Email from Cliff Finley, City of Thousand Oaks, to Cyndi Rodriguez and Laura Maguire re FW: SCAN__20210308_182604.pdf with Attachment SCAN__20210308_182604.pdf
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004560
03/09/2021 Email from Cliff Finley, City of Thousand Oaks, to Laura Maguire re FW: Athens Disposal Agenda with Attachment: SCAN__20210308_181758.pdf AR004561-
004563
03/09/2021 Email from John Brooks, City of Thousand Oaks, to Helen Cox and Rod Cordova re FW: March 9, 2021 Agenda item 9 - A
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004565
03/09/2021 Email from Cliff Finley, City of Thousand Oaks, to Multiple Recipients re FW:
Scanned from Xerox Copier PRT15 with Attachment: Scanned from Xerox Copier PRT15.pdf
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004574
03/09/2021 Email from Laura Maguire, City of Thousand Oaks, to Cliff Finley, City of Thousand Oaks, re RE: Scanned from Xerox Copier PRT15
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03/09/2021 Email from Rod Cordova, Public Works Department, to Helen Cox re Fw:
SCAN__20210308_182604.pdf with Attachment: SCAN__20210308_182604.pdf AR004576-
004577
3 03/09/2021 Email from Araceli Revelez to Helen Cox, City of Thousand Oaks, re SCAN__20210308_182604.pdf with Attachment: 03/08/2021 Letter from Sylvia Fonseca to City of Thousand Oaks Councilmembers re Comments on staff services recommendation
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004579
03/09/2021 Email from Helen Cox, City of Thousand Oaks, to Cesar Torres and Gary Clifford, Athens Services, re RE: another image
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004581
03/09/2021 Email from Helen Cox, city of Thousand Oaks, to Multiple Recipients re FW: Answer to Letters received with Attachment: Scanned from Xerox Copier PRT15.pdf AR004582-
004590
03/09/2021 Email from Cesar Torres, Athens Services, to Gary Clifford and Helen Cox re RE:
another image
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004592
03/09/2021 Email from Helen Cox, City of Thousand Oaks, to Cesar Torres and Gary Clifford, Athens Services, re RE: another image
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004595
03/09/2021 Email from Cliff Finley, City of Thousand Oaks, to Gary Clifford, Athens Services, re FW: Hauling contract
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004598
03/09/2021 Email from Andrew Powers to Multiple Recipients re Fwd: Athens Environmental Services with Attachments: 0.jpg, 20210310015334153.pdf AR004599-
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