HomeMy WebLinkAbout1995-01-10 - AGENDA REPORTS - BIN REPLACEMENT PERMIT CHANGE (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
Jeff Kolin, Deputy City Mana�e�k�ti
NEW BUSINESS
DATE: January 10, 1995
SUBJECT: Bin Replacement Service Permit -Program Change
DEPARTMENT: Public Works
BACKGROUND
At the April 26, 1994 City Council Meeting, Council adopted Resolution No. 94-53 granting
semi -exclusive Bin Replacement Service Permits to Blue Barrel Disposal, Atlas Refuse
Removal, Santa Clarita Disposal, Crown Disposal, A Trojan Disposal, Rent -A -Bin, Cal
Coast Recycling, Larey Rubbish Pick-up Service, Lopez Rubbish Disposal, AWM Disposal
Service, and American Waste Industries to arrange with businesses and other entities in the
City of Santa Clarita for the collection, recycling, composting, and safe transport and
disposal of recyclables, green wastes, and commercial solid wastes.
In August of this year, the City Attorney advised Solid Waste Division staff to temporarily
suspend enforcement of the semi -exclusive Bin Replacement Service permit agreement due to
a U.S. Supreme Court case known as Clarkstown v. C & A Carbone (Clarkstown). The
Clarkstown case challenges the City's authority to enforce the semi -exclusive Bin
Replacement Service permit. Consequently, any action to enforce a Bin Replacement Service
permit could result in legal suits by non -permitted haulers.
Accordingly, permitted Bin Replacement Service haulers have requested that permit fees be
suspended so that they are able to compete with non -permitted haulers. In anticipation of
this revenue shortfall, the mid year budget adjustments recognized that the projected revenues
for refuse franchise and permit fees will be reduced from the original projection of $42,000
to $8,800, the amount the City has received to date.
Staff, with the assistance of the City Attorney, is in the process of redesigning a new permit
program which incorporates the changes brought about by the Clarkstovn case,
Q
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Bin Replacement Service
Permit -Program Change
Page 2
RECOMMENDATION
Authorize the City Manager to suspend the Bin Replacement Service permit fees as of
January 1, 1995 while continuing to require reporting of AB 939 diversion and disposal
tonnages and to establish recycling programs for the duration of the contract term. Direct
staff to redesign the permit program incorporating the changes brought about by the
Clarkstown case,
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