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HomeMy WebLinkAbout2015-10-27 - RESOLUTIONS - WASTE MANAGEMENT SERVICES (2)RESOLUTION NO. 15-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE THIRD AMENDMENTS OF THE AGREEMENTS BETWEEN THE CITY OF SANTA CLARITA AND AV EQUIPMENT RENTALS INC., BURRTEC WASTE INDUSTRIES INC., CONSOLIDATED DISPOSAL SERVICE, LLC., RANDFAM, DBA, RENT -A- BIN INC., AND USA WASTE OF CALIFORNIA INC. (BLUE BARREL/WASTE MANAGEMENT), AND THE FOURTH AMENDMENT OF THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND RECOLOGY LOS ANGELES, FOR TEMPORARY BIN AND ROLL -OFF BOX SOLID WASTE MANAGEMENT SERVICES WHEREAS, the City Council is authorized to regulate solid waste pursuant to Article XI, Section 7 of the California Constitution and Public Resources Code Section 40059; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, (AB 939), established a solid waste management process, which requires cities and other local jurisdictions to implement plans for source reduction, reuse, and recycling as integrated waste management practices for solid waste attributed to sources within their respective jurisdictions; and WHEREAS, the City Council adopted Ordinance 09-4 on April 28, 2009, which made changes to the City's existing Integrated Waste Management Ordinance, codified as Chapter 15.44 of the Santa Clarita Municipal Code; and WHEREAS., Section 15.44.210 allows the City to establish by Resolution those categories of waste collection for which franchises are issued by the City; and WHEREAS, Section 15.44.305 allows the City to establish by Resolution the application process for a Solid Waste Franchise; and WHEREAS, the City had previously approved ten non-exclusive franchises for the provision of services relating to Temporary Bin and Roll -Off Box services as of November 9, 2005, for a period of five years; and WHEREAS, the City approved the extension of the remaining six non-exclusive franchises as of June 9, 2009, for an additional five years; and WHEREAS, the City declares its intention of maintaining a successful program to divert waste from landfills and effectively track waste for reporting purposes: and WHEREAS, the City desires to maintain the current six non-exclusive franchises of the Temporary Bin and Roll -Off Box Franchise to continue with their service to the City; and WHEREAS, the Santa Clarita Municipal Code Section 15.44.305.B.6 allows for the franchisee to identify up to two (2) DBAs under which it may operate in the City pursuant to the franchise agreement; and WHEREAS, Consolidated Disposal Service, LLC, is requesting the addition of a "doing business as" (DBA) of the parent company name of Republic Services. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. The City Council hereby approves those certain Third Amendments, attached hereto as Exhibit "A", to the current Temporary Bin and Roll -Off Box Franchises within the City for the following franchisees: AV Equipment Rentals Inc., Burrtec Waste Industries Inc., Randfam Inc., dba Rent -A -Bin, and USA Waste of California Inc. (Blue Barrel/Waste Management). SECTION 2. The City Council hereby approves that certain Third Amendment, attached hereto as Exhibit "B", to the current Temporary Bin and Roll -Off Box Franchise within the City for Consolidated Disposal Service, LLC which includes in part that all references to Consolidated Disposal Service, LLC, which in the Agreement shall hereafter mean Consolidated Disposal Service, LLC, a Delaware Limited Liability Company dba Republic Services. SECTION 3. The City Council hereby approves that certain Fourth Amendment, attached hereto as Exhibit "C", to the current Temporary Bin and Roll -Off Box Franchise within the City for Recology Los Angeles. SECTION 4. The Franchisees shall, upon execution of said Amendment by each franchisee, provide collection services under the Amended Agreements through midnight on June 30, 2018, unless sooner terminated, and post all required performance bonds, cash bonds, or letters of credit, as required by the Franchise Agreements. SECTION 5. Except as specifically identified in this resolution, the terms of the Agreements (including all prior Amendments thereto) remain in full force and effect. 1 SECTION 6. The City Clerk shall certify to the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. PASSED, APPROVED, AND ADOPTED this 27th day of October, 2015. v'L�'X/i MA R ATTF,ST- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 27th day of October 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Acosta, Kellar, Boydston, Weste COUNCILMEMBERS: McLean COUNCILMEMBERS: None