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Home My WebLink About1997-12-09 - AGENDA REPORTS - AMEND SC DISPOSAL (2)AGENDA REPORT CONSENT CALENDAR DATE: December 9, 1997 City Manager Approval Item to be presented Vy: Ken Pulskamp SUBJECT: AMENDMENTS TO RESIDENTIAL SOLID WASTE FRANCHISE WITH SANTA CLARITA DISPOSAL COMPANY TO ACCOMMODATE ADDING THE AMERICAN BEAUTY, OAK SPRINGS CANYON AND ARKLIN AREAS TO THE FRANCHISE — RESOLUTION NO. 97-146 DEPARTMENT: Planning & Building Services 1) Adopt Resolution 97-146 delineatingexpanded residential franchise service area boundary for Santa Clarita Disposal Company 2) Execute amendments to the residential refuse franchise agreement with Santa Clarita Disposal Company to accommodate the addition of the American Beauty (Annexation Number 1988-02), Oak Springs Canyon (Annexation Number 1990-03) and Arklin (Annexation Number 1990-04) areas to existing franchise area. On February 20, 1991 the City of Santa Clarita entered into exclusive franchise agreements with three local waste haulers (Atlas Refuse Removal, Santa Clarita Disposal and Blue Barrel Disposal) to provide integrated residential waste collection and recycling services within the corporate limits of the City. In 1991 and 1992 three (3) areas were added to the City through the annexation process: The California Public Resources Code and the City's municipal code require that waste management services are made available to all residences within the City. There are several options available to the City Council to provide the services required in the annexed areas: 1. Grant a franchise for the said territory to any qualified hauler following a competitive bidding process. 2. Grant a franchise for the said territory to one of the City's existing franchised haulers. 3. Add the said territory to the existing franchised hauler currently servicing the adjacent area in the City. Adapted:12- —,V .411 November 26, 1997 Page 2. It is recommended that the City include the annexed areas within the existing franchise agreements. American Beauty The American Beauty annexation was completed on March 5, 1991. The area incorporated into the City consists of 202.24 acres of vacant land that is zoned for residential development. This annexation is contiguous with territory serviced by Santa Clarita Disposal, one of the City's franchised haulers. It is proposed that this area be added to the service area of Santa Clarita Disposal. No impacts are anticipated since the area is not developed. Oak Springs Canyon The Oak Springs Canyon annexation was completed on November 26, 1991. The area incorporated into the City consists of 128.59 acres with 35 developed residential properties. This annexation is contiguous with territory serviced by Santa Clarita Disposal, one of the City's franchised haulers. It is proposed that this area be added to the service area of Santa Clarita Disposal. Santa Clarita Disposal currently provides refuse services in this area for the same price as all other areas within the City. No impact is anticipated due to the continuation of the same service provider and maintaining rates and service levels in the area. Arklin The Arklin annexation was completed on November 24, 1992. The area incorporated in the City consists of 44 acres of vacant land that is zoned for residential development. This annexation is contiguous with territory serviced by Santa Clarita Disposal, one of the City's franchised haulers. It is proposed that this area be added to the service area of Santa Clarita Disposal. No impacts are anticipated since the area is not developed. Service Area Changes within the Franchise Area In order to reach an equitable arrangement among the haulers, service areas are usually traded. In this case the bulk of the property is undeveloped and Santa Clarita Disposal Company services all residences in these areas. The other franchisees will not lose any customers through this action. 1. Other direction as determined by the City Council. FISCAL IMPACT The City will receive an additional $1,000 (approx.) in franchise fee revenue annually. The incremental increase in staff resources required to manage solid waste services and AB 939 requirements in the annexed areas will not result in a need for additional staff. November 26, 1997 Page 3. ATTACHMENTS Resolution 97-146 Amendments to Residential Refuse Franchise Agreement with Santa Clarita Disposal Company AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND SANTA CLARITA DISPOSAL COMPANY FOR INTEGRATED WASTE MANAGEMENT FOR RESIDENTIAL SOLID WASTE This amendment ("Amendment") entered into this _ day of November, 1997, is to the franchise agreement for the collection, transportation, recycling, composting and disposal of solid waste, yard trimmings/green wastes and recyclables ("Franchise Agreement") entered into between the City of Santa Clarita ("City") and Santa Clarita Disposal Company ("Grantee") which was executed by the parties on February 20, 1991. The Franchise Agreement is therefore amended as follows (new language is italicized): SECTION 4 - FRANCHISE AREA A Franchise Area Defined The franchise area granted by the franchise agreement shall be all the residential areas as they exist on the effective date of this agreement, as identified in Exhibit A-97 to this franchise agreement. As provided below, the franchise area may be changed by annexation, deannexation, or rezoning. This agreement does not apply to commercial or industrial premises or public facilities within the residential areas identified in Exhibit A-97. As of December 1, 1997, the area described in EXHIBIT "A-97' will be EXHIBIT A-97 REVISED FRANCHISE AREA of the existing Franchise Agreement. The amended exhibit is attached. E. Waiver of Continuation Rinht By execution of this Amendment, Grantee waives any right or claim to serve Residential premises in the annexed areas covered by this Agreement as of the date of execution of this Agreement under any prior grant of franchise, contract, license or permit issued or granted by City or other governmental entity, including the County of Los Angeles, relating to the solid waste stream covered by this Agreement and including whatever, if any, rights Grantee may have under the Public Resources Code or prior law, including whatever, if any, rights Grantee may have acquired from or by virtue of its previous provision of the solid waste collection or other services in unincorporated areas of the County of Los Angeles. F. Indemnification of City Grantee upon demand of the City, made by and through the City Attorney, shall protect, defend, indemnify and hold harmless City, its elected officials, officers, employees, volunteers and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgements, including city's or any prevailing party other than the City, attorneys' fees and costs, (collectively, "Claims") arising out of or resulting in any way from the awarding or execution of or Grantee's exercise of the Franchise granted by this Agreement, including the provision of services under this Residential Agreement, unless such Claim is due to the sole negligence or willful acts of the City, its elected officials, officers, employees, agents or contractors. This provision shall survive the expiration of the period during which collection services are to be provided under this Residential Agreement. The duty of the Grantee to protect, defend indemnify and hold the City harmless pursuant to this SECTION shall include, but shall not be limited to, the following. Claims by government agencies or other third parties, whether judicial, administrative or otherwise, including but not limited to Claims over the definitions of "solid waste" or Recyclable Material" or the limits of City's authority with respect to the grant or amendment of Licenses, or agreements, exclusive or otherwise, asserting Claims under the Dormant Commerce Clause, anti-trust laws or any other federal or state law, including, but not limited to the "Right to Vote on Taxes Act" which added articles XULC and D to the California Constitution, with respect to the provision of Residential Solid Waste services in the City of Santa Clarita, or the rates to be charged for such services. Upon submission of the Amendment to the City Council for approval, Grantee shall reimburse the City for reasonable expenses, including staff time, consultants' and attorneys' fees and research expenses associated with preparing this amendment, with a total amount not to exceed $2,500. In the event that the City Council shall fail to approve this Amendment, the reimbursement funds deposited with the City by Grantee shall be returned by City to Grantee. RESOLUTION NO. 97-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DELINEATING SERVICE AREA BOUNDARIES FOR THE COLLECTION, RECYCLING AND DISPOSAL OF SOLID WASTES, GREEN WASTES AND RECYCLABLES WHEREAS, the City of Santa Clarita has adopted Resolution No. 91-27 relating to the granting of an exclusive franchise for the collection, recycling and disposal of solid wastes, green wastes and recyclables within the City limits; and WHEREAS, the City Council has granted franchises to Santa Clarita Disposal Company, Blue Barrel Disposal Company and Atlas Refuse Removal Company to collect, pick up and remove, recycle and dispose of all solid wastes, green wastes and recyclables within the City limits; and WHEREAS, the number of service area customers and territory has changed as a result of the annexations of the American Beauty (Annexation Number 1988-02), Oak Springs Canyon (Annexation Number 1990-03) and Arklin (Annexation Number 1990-04) areas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does resolve, determine and order as follows: SECTION 1: "EXHIBIT SC1-97- DESCRIPTION OF ANNEXATION NO. 1988-02: AMERICAN BEAUTY", "EXHIBIT SC2-97 - DESCRIPTION OF ANNEXATION NO. 1990-03: OAK SPRINGS CANYON', "EXHIBIT SC3-97 - DESCRIPTION OF ANNEXATION NO. 1990-04: ARKLIN"and "EXHIBIT SC4-97 - MAP OF EXPANDED FRANCHISE AREA FOR SANTA CLARITA DISPOSAL COMPANY" represent the revised residential service area boundaries for Santa Clarita Disposal Company to include all territory designated therein. The attached "EXHIBIT A-97 - REVISED FRANCHISE AREAS" represents the additions and exchanges that have occurred since the franchise areas were first defined. Exhibit A-97 constitutes the new franchise areas for the entire City. These exhibits are on file in the Office of the City Clerk and will be included as amendments in the respective franchise agreements. SECTION 2: This Resolution will take effect immediately upon adoption of Council Resolution No. 97-146 for the collection, transportation, recycling and disposal of solid wastes, green wastes and recyclables. PASSED, APPROVED AND ADOPTED THIS _ day of 1997. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES )§ CITY OF SANTA CLARITA ) I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution Number 97-146 was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 1997, by the following vote of the Council: AYES: COUNCILMEMBERS •ME • 1kl Ikl_ u1: W. ABSENT: COUNCILMEMBERS CITY CLERK 5:\CD\SOLWASTR\COUNCIL\1997\ANN3M.AJR E HIBIT SCI -97 DESCRIPTION OF ANNEXATION NO. 1988-02: American Beauty DESCRIPTION OF "ANNEXATION NO. 1988 -02 - TO THE CITY OF SANTA CLARITA (ANNEXATION TO CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY Revised Description Approved by the Local Agency Formation Commission Beginning at the intersection of the west line of Section 13, Township 4 North, Range 15 West, S.B.M. and the westerly prolongation of that certain course having a bearing and length of North 89. 301 34" East 1203.57 feet in the northerly boundary of Parcel 2 of Parcel Map No. 18161 as shown on map filed in Book 215, pages 6 through 9 of Parcel Maps in the Office of the Recorder of the -County of.Los Angeles, said intersection , being a point in the boundary of the City of Santa Clarita as same existed on October 10, 1990; thence easterly along said prolongation to the westerly terminus of said certain. course) thence easterly, southerly and southwesterly along the boundary of said Parcel 2 to the southeasterly corner thereof; -thence North 89. 441 42" East along the south line of said - t section a distance :of 347.14 feet to a point on a non -tangent curve concav*'northwesterly and having a radius of 1522.47 feet, a radial of said curve to said point bears South 43. 36' 08" East, said curve being the southeasterly line of the 165 -foot wide Southern Pacific Railroad right-of-way as shown on county Surveyor's Piled Map No. 18759; Sheet 12 on file in the office of the County Engineer of said county] thence southwesterly along said curve through a central angle of 10. 19, 18" an f- DESCRIPTION OF "ANNEXATION No. 1988-02" TO THE CITY OF SANTA CLARITA (ANNEXATION TO CONSOLIDATED FIRE -TROTECTION DISTRICT OF Los ANGELES COUNTY) (Revised Description) (Continued) arc distance of 274.27 feet to the northerly terminus Of that course having a bearing of North 190 43' 02" West in the westerly boundary of that certain parcel of land described in the second exception in deed to Exhibit Homes recorded in Book D5711, page -358 of Official Records in the office of said recorder; thence South 19. 34' 21" East 367.89 feet and North 70" 25' 39" East 640.20 feet along the boundary of said certain parcel of land to the east line of the west half of the northeast quarter of Section 24, said township and range; thence southerly along said east line to the south line of the north half of said Section 24; thence westerly along said last mentioned south line to the west line of the east half of the northwest quarter of said Section 24; thence northerly along said last mentioned west line a distance of 2297.49 feet to the southerly line of Southern Pacific Railroad right-of-way as shown an said County Surveyor's Filed Nap No. 18759; thence South 850 of 48" West 511.41 feet, South 4" 58' 12" West 50 feet and North 85. O1' 48" west 150 feet along said right-of-way line to the easterly line of parcel 1 of Parcel Map No. 10495 as shown on map filed in Book 147, pages 36 and 37 of said Parcel Haps; thence northerly and westerly along the boundary of said Parcel'1 to the west line of said Section 24; thence northerly -along said boundary of the city of Santa Clarita to the point of beginning.' Containing: 202.25 acres-- 0.316 cres 0.316 sq. mi. CHS:mt LO -518 (1-9-91) -2- pw IN Al wwrcLof'E VAL.ILY FRY/Y, a Www OR. a, s. e.n a� i h ANNEXATION Mas dm NO. /988-02 aKJ Kis at 7.3 o'3�"E 12�2.571� C[w76[ Y. Ay1109 OF3 y�'l�L� •� w., e.lsw., s. e.n a� i h ANNEXATION Mas dm NO. /988-02 n.m Kis at = woo h eWVV Ay0 1 Gy�'1 ON Mlq ANN A/O. /8/6/ wwLrWa Yr L..o ag6j" r �(n 0.02'4Vw .l 1.4491 s 00 '(347.31 5fz. 2 _few.eoxweR eeen3 PMt B. 2/3- 6 - 9��`�- --t-.—`s_yr<sy' uzruNtof.ue.Pa, S. P, R. R. NSI u TASEL OF COURSES Qi Ndi•/d'32'W. -293.55' ®sea•tic�•w- /oazC 0R•/33Z.47'4.845'/9'L-.Vl G' •Illy CF rr49TA Vz4"KED ?X-. A V a v Y. Ay1109 OF3 y�'l�L� Qr•�-1 in a� i h ANNEXATION Mas dm NO. /988-02 n.m Kis at = woo h eWVV SW- Wm O 2� J� VaG YC V M U< Sf.�el uldd N == f CWTtfI ![G. P4 W a S TASEL OF COURSES Qi Ndi•/d'32'W. -293.55' ®sea•tic�•w- /oazC 0R•/33Z.47'4.845'/9'L-.Vl G' •Illy CF rr49TA Vz4"KED ?X-. A V a v Y. Ay1109 OF3 y�'l�L� Qr•�-1 Of a W i h ANNEXATION a F NO. /988-02 W` I a3 �Z �O f CWTtfI ![G. P4 W I'-raH-11A • A.M t3. CSc AG 28402�.1 S'Pt- Llx[ W112, SEC. Z4 ,-rAM.,R. I S W., S.S.M • OF SANTA CG9R/TR LEGEND /////lit ANNEXATION tmKVAR`f —.. extsX. CITY 2CiINMFLY AHMEK&TION NO. 4988-02 TO1UE CITY OFCAWA U&RITA• EXHIBIT SCI -97 - ANNEX. NO. 1988-02: American Beauty 18 -Nov -97 Annexation Address Parcel Number American Beauty 2840015800 American Beauty *No Site Address* 2840015031 American Beauty *No Site Address* 2840015032 American Beauty *No Site Address* 2840015033 American Beauty *No Site Address* 2840015034 American Beauty *No Site Address* 2840015035 American Beauty *No Site Address* 2840001118 American Beauty *No Site Address* 2840015045 I r _ EXHIBIT SC2.97 DESCRIPTION OF ANNEXATION NO. 1990-03: Oak Springs Canyon DESCRIPTION OF "ANNEXATION NO. 1990-03" TO THE CITY OF SANTA CLARITA (ANNEXATION TO CONSOLIDATED FIRE PROTECTION DISTRICT. OF LOS ANGELES COUNTY) Revised Description Approved by the Local Agency Formation Commission Beginning at the northeast corner of the southwest quarter of Section 24, Township 4 North, Range 15 West, S.B.M., said corner being an angle point in the boundary of the City of Santa Clarita as same existed on March 31, 1991; thence southerly along said boundary and following the same in all its various courses and curve to the point of beginning. Containing 128.59 acres 0.201 sq. mi. CHS:kst LD -597 (10-9-91) L M SLY. LA S.P. R.R. R1W � Q Q U ol Q Z. ol et FQ— Z W'LYLN.SEG24 Q (PROPOSED) ANNEXATION ELY. LM W1/2 NO.1990- 03 N.W 114,SEC24 o N �) v � n U c 2� \ SLNAPM-1/4. •� \ SEC24 W9YLKE %2 LEGEND: ti W'L.Y. LN. EY2, . SW%,SEC24 . •i" J -u ANNEXATION BDRY. ---- EXIST CITY BDRY. CITY OF SANTA CLARITA CHECKED BW SCALE: 1.8400, 128.59 Rcs FILED WITH THE CQ RECORDER o roo'zoi aao am' Sao' Uk SW 1/4,SEC. MC CDR. SW. 114, T4N.,A../SW., �J .ELY LAL I SW'/4, SEC24 J stY. LU MII-AW�4 SEC24 ELY. LMMt.E3t-SW %4• SEC24 7Clrr SLY LN MI ,S�-aW y4• ANNEXATION NO. 1990-03 To THE CRY OF SANTA CLARITA EXHIBIT SC2-97 - ANNEX. NO: 1990-03: Oak Springs Canyon 18 -Nov -97 Title Situs APN Oak Springs Cyn *No Site Address* 2840016025 Oak Springs Cyn *No Site Address* 2840016023 Oak Springs Cyn *No Site Address* 2840016014 Oak Springs Cyn 27873 Oak Spring Canyon Rd 2840016013 Oak Springs Cyn 27900 Graceton Dr 2840016030 Oak Springs Cyn 27920 Graceton Dr 2840016029 Oak Springs Cyn 27944 Graceton Dr 2840016028 Oak Springs Cyn 28024 Oak Spring Canyon Rd 2840016026 Oak Springs cyn 28082 Oak Spring Canyon Rd 2840016027 Oak Springs cyn 28090 Oak Spring Canyon Rd 2840016020 Oak Springs Cyn 28091 Oak Spring Canyon Rd 2840016019 Oak Springs Cyn 28111 Oak Spring Canyon Rd 2840016017 Oak Springs Cyn 28123 Oak Spring Canyon Rd 2840016024 I - EXHIBIT SC3-97 DESCRIPTION OF ANNEXATION N0. 1990-04: Arklin r T OESCRINrION OF "ANNEXATION NO. 1990 -04 - TO THE CITY OF SANTA CLARITn {ANNEXATION TO CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY) As Modified by the Local Agency Formation_ Commission on September 9, 1992 Beginning at the southeast corner 01 the northeast quarter of Section 36, Township 4 North, Range 15 West. S.B.M., said corner being an angle point in the boundary of the City of Santa Clarita as same existed on September 9. 1992: thence southerly along the east line of saici t".noi, ,,, cne non,, , ,e ,j, Government Lot 4 in the southeast quarter of said section: thence westerly along said north line and Ihr north line of Government Lot 3 in said southeast quarter to the west Me ut ,he daSl 3" ;e... •, ,no northwest quarter of said southeast quarter: thence northerly, easterly, southerly and easterly along said boundary of the City of Santa Clarita to the point of beginning. Containing: 44 acres 0.069 sq. mi. CHS:kst LD -646 (9-9-92) , ae 11 I _ I I 'RON _CYN. 'RD_ Y SE. CD.P.OFNE. %a��SEC, 36, i I i I1 I OF - —tial GOVT LVOT 3 GOVT LOT 4 I 1 .I 36131 �OF LINE OF SEC:36 ANNEXATION BDRY -- EXIST CITY- BDRY, o AS M00W1,'0 BY THE. LOCRL AGENCY FORMAT/ON COMM/SSION ON -4--4-92 EV LINE OF SEC -36 'HEC of BY. cLaRlra ANNEXATION NO. 1990-04 ;NECKED 8Y: SCALE: P'�400' , �,.AMZL �. 2s 6z THE CITY OF SANTA CLARITA FILED WITH TW CCiMY EXHIBIT SC3-97 - ANNEX. NO. 1990-04: Arklin 18 -Nov -97 Annexation Address Parcel Number Arklin *No Site Address* 2848005016