HomeMy WebLinkAbout2022-11-22 - RESOLUTIONS - TESORO SOLID WASTE SVCS AGMTRESOLUTION NO. 22-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, APPROVING AN AGREEMENT FOR THE CONTINUATION RIGHTS FOR
RESIDENTIAL SOLID WASTE COLLECTION FOR THE TESORO DEL VALLE
ANNEXED AREA OF SANTA CLARITA, BETWEEN THE CITY OF SANTA CLARITA
AND BURRTEC WASTE INDUSTRIES, INC.
WHEREAS, the City of Santa Clarita (City) is empowered under Section 7 of Article 11
of the California Constitution to make and enforce, within its limits, all police and sanitary
ordinances and regulations not in conflict with general laws; and
WHEREAS, in partial implementation of Section 7 of Article 11 of the California
Constitution, California Public Resources Code Section 40059 authorizes the City to determine
all aspects of handling of solid waste that are of local concern, including the frequency of
collection, means of collection and transportation, level of services and nature, location, and
extent of waste handling services; and
WHEREAS, on November 12, 2019, the City adopted a resolution approving Master
Case No. 19-115, adopting a Negative Declaration and authorizing the City Manager, or
designee, to submit an application to the Local Agency Formation Commission requesting
annexation of approximately 1,786 acres of land to the City of Santa Clarita for the Tesoro Del
Valle Annexation Area; and
WHEREAS, on August 23, 2022, the City adopted a supplemental joint resolution ,and
associated transfer agreements between the City and the County of Los Angeles (County) for the
proposed Tesoro Del Valle annexation area; and
WHEREAS, it is anticipated that the recordation of the Tesoro Del Valle annexation will
be completed by the end of November 2022, the area is as shown in Exhibit A; and
WHEREAS, Burrtec Waste Industries, Inc. (Burrtec) was awarded an Exclusive
Franchise Contract (Contract) from the County of Los Angeles on October 16, 2018, with
amendments on August 25, 2020, December 29, 2020, June 15, 2021, and July 21, 2022,
(Amendments) to provide solid waste services to residential premises located within the
proposed Tesoro Del Valle Annexation Area; and
WHEREAS, Burrtec has asserted continuation rights under Section 49250 et seq., of the
California Public Resources Code to continue to provide residential waste services as prescribed
in the October 16, 2018, County Franchise Agreement, and subsequent Amendments, which are
substantially similar to the City residential waste services in the Annexed Area until October 31,
2025.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
Page 1 of 2
SECTION 1. The "AGREEMENT FOR THE CONTINUATION RIGHTS FOR
RESIDENTIAL SOLID WASTE COLLECTION FOR THE TESORO DEL VALLE
ANNEXED AREA OF SANTA CLARITA" is hereby approved. The City Manager is hereby
authorized to execute the Agreement on behalf of the City, subject to City Attorney approval.
SECTION 2. Burrtec will be allowed to commingle residential routes in the newly
annexed area with the adjacent unincorporated areas until the newly adopted Santa Clarita
Franchise Agreement takes effect. Burrtec will be required to use standard industry practices to
accurately allocate disposal tonnages to each jurisdiction.
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 22nd day of November 2022.
MAYOR
ATTEST:
CITY CLE2K
DATE:. —
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution No. 22-61 was duly adopted by the City Council of the City of Santa
Clarita at a regular meeting thereof, held on the 22nd day of November, 2022, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS : Gibbs, Miranda, Smyth, McLean, Weste
COUNCILMEMBERS: None
COUNCILMEMBERS : None
Page 2 of 2
CITY CLERK
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