Title
Subject: Waste Management of Alameda County - Settlement Case
From: Office of the City Attorney
Recommendation: Adopt a Resolution Authorizing and Directing the City Attorney to Compromise and Settle the Threatened Litigation by Waste Management of Alameda County, Inc. (WMAC) Against City of Oakland Pursuant to Which Services to Oakland Residents will be Increased and a Rate Increase Will be Granted
Body
CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA • 6TH FLOOR • OAKLAND, CA 94612
Subject: RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE THREATENED
LITIGATION BY WASTE MANAGEMENT OF ALAMEDA COUNTY (WMAC)
AGAINST THE CITY OF OAKLAND PURSUANT TO WHICH SERVICES TO
OAKLAND RESIDENTS WILL BE INCREASED AND A R.4 TE INCREASE
WILL BE GRANTED
Dear President De La Fuente and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has prepared and recommends settlement of the above-entitled matter which arises from an increase in the garbage fees paid by Waste Management of Alameda County pursuant to County of Alameda Conditional Use Permit 5512.
Garbage generated in the City of Oakland is collected by Waste Management of Alameda County (WMAC), under a franchise agreement executed in 1995. Pursuant to that franchise, WMAC disposes the garbage at its landfill at the Altamont Pass.
In March 2000, Alameda County and WMAC settled a lawsuit, brought by the Sierra Club and others, pertaining to the issuance of a conditional use permit for the needed expansion of the Altamont Landfill. Pursuant to that settlement agreement, the County issued a conditional use permit to WMAC to expand the landfill, upon the condition that it collect certain fees from its customers, including the City of Oakland, to be used for land acquisition and community improvement purposes in eastern Alameda County.
Shortly after the settlement of that lawsuit, WMAC demanded that the City of Oakland increase its rates consist...
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