HomeMy WebLinkAbout2006-11-28 - RESOLUTIONS - RESID FRANCHISE AGMT DISPOSAL (2)o 1i71iffil i Mr0extemit
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, FOR THE FIRST AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF
CALIFORNIA INC., DBA BLUE BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE
MANAGEMENT SERVICES AUTHORIZING REVISED IMPLEMENTATION DATES
FOR VEHICLE SPECIFICATIONS AND A VOLUME -BASED RATE STRUCTURE
PILOT PROGRAM AND A TIME EXTENSION TO MEET
MINIMUM RECYCLING REQUIREMENTS
WHEREAS, the 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 not in
conflict with general laws;
WHEREAS, California Public Resources Code § 40059 authorizes the City to determine
all aspects of the handling of solid waste which 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;
WHEREAS, on November 20, 2003, the City and Blue Barrel Disposal entered into an
agreement for integrated waste management in residential areas ("Franchise Agreement");
WHEREAS, Section 4.5.2 requires Blue Barrel Disposal to utilize Alternative Fueled
Collection Vehicles by the Commencement Date (April 15, 2006);
WHEREAS, Section 4.15.1 requires Blue Barrel Disposal to implement a Volume -Based
Rate Pilot Program as determined by the City (April 15, 2006);
WHEREAS, Section 4.2.6 requires Blue Barrel Disposal to meet minimum recycling
requirements by the calendar quarter ending September 30, 2006;
WHEREAS, Blue Barrel Disposal has made a good faith effort at meeting these
deadlines, but despite that effort, has been unable to do so;
WHEREAS, the City has discretion under the Franchise Agreement to modify these
deadlines;
WHEREAS, in light of Blue Barrel Disposal's good faith efforts, the City Council finds
that it is the City's best interests to modify the Franchise Agreement to allow Blue Barrel
Disposal additional time to meet these deadlines.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve
as follows:
SECTION 1. Exhibit 8 "Extended Implementation Dates" shall change the
implementation date for the use of Alternative Fueled Collection Vehicles as outlined in
Section 4.5.2 from the Commencement Date to April 15, 2007.
SECTION 2. Exhibit 8 "Extended Implementation Dates" shall change the
implementation date for the Volume -Based Rate Structure Pilot Program as outlined in
Section 4.15.1 from "upon a six-month notice" to "on April 15, 2007."
SECTION 3. Exhibit 8 "Extended Implementation Dates" shall change the deadline to
meet minimum recycling requirements as outlined in Section 4.2.6 from `By the calendar quarter
ending September 30, 2006" to `By the calendar quarter ending March 31, 2007."
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 28`h day of November, 2006.
1
MAYOR
ATTEST:
CITY EERY
STATE OF CALIFORNIA )
COUN'T'Y OF LOS ANGELES
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, 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 28th day of November, 2006, by the following vote:
AYES: COUNCILMEMBERS: Smyth, McLean, Kellar, Ferry, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 06-107, adopted by the City Council of the City
of Santa Clarita, California on November 28, 2006, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
20_.
Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk