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HomeMy WebLinkAbout2009-02-24 - AGENDA REPORTS - MRF SITE CMTE FORMATION (2)Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: DATE: February 24, 2009 SUBJECT: MATERIALS RECOVERY FACILITY (MRF) CITIZEN SITE SELECTION COMMITTEE FORMATION DEPARTMENT: Public Works RECOMMENDED ACTION 1. City Council receive a presentation and direct staff to move forward with the formation of the MRF Citizen Site Selection Committee. 2. Adopt a resolution for the Eighth Amendment to the Agreement between the City of Santa Clarita and Burrtec Waste Industries, Inc., (Burrtec) for Commercial Solid Waste ' Management Services (Franchise Agreement). This amendment requires that Burrtec begin construction on the MRF no later than January 3, 2011, and to have the MRF constructed and operational by November 1, 2011. 3. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. ' BACKGROUND At the regular City Council meeting on May 13, 2008, Mayor Pro Tem Weste requested that staff determine a methodology for selecting a citizens committee in order to involve the community in finding a suitable location for a MRF in or around the City of Santa Clarita. Additional goals of this committee include: • Educate members of the committee on how a MRF operates and its role in increasing diversion in conjunction with the City's current solid waste programs • Visit existing MRFs to witness the facilities in operation • Listen to and address the concerns of residents A4o$ed: oq, • Establish and prioritize important criteria for site selection • Work with Los Angeles County during the site evaluation process • Find two to three viable locations to construct and operate a MRF On October 2, 2008, a draft citizens committee formation plan was presented to the Waste Diversion Subcommittee. Comments received during that meeting have been addressed and incorporated into this agenda item. The handout provided to the Waste Diversion Subcommittee has been updated to include the addition of an environmental group as a member of the committee, per the request of the Waste Diversion Subcommitee. The handout is provided as an attachment. To create the Citizen Site Selection Committee staff used a framework modeled after the Los Angeles County Homeless Shelter Task Force. As such, staff recommends compiling a committee made up of 16 members of the community, each representing various interests and geographical areas of the Santa Clarita Valley. Letters inviting the groups to participate have been sent out by the City. Once the recommendations have been submitted, staff will take the final list of representatives from each organization to the Waste Diversion Subcommittee for approval. Proposed members of the committee are: • Sierra Club • Castaic Town Council • West Ranch Town Council • Canyon Country Advisory Committee • Saugus Action Committee • Newhall Redevelopment Committee • Valencia Area Representative • Santa Clarita Valley Chamber of Commerce • Two City of Santa Clarita Councilmembers • Los Angeles County Fifth District • Los Angeles County Public Works • Four open seats selected by the Solid Waste Subcommittee The committee will be facilitated by Robert Newman, Director of Public Works. Staff anticipates the committee will meet six times over a period of six months, including two site visits. One site visit will include visiting existing MRFs in Southern California. The second site visit will include visiting potential sites identified by the committee. Additional meeting topics will include an overview of the City's solid waste and recycling programs, history of the MRF site selection thus far, a brainstorming session for potential sites, and selection of potential sites based on site -selection criteria identified by the committee. Additionally, in order for Burrtec Waste Industries, Inc., to remain in compliance with the Franchise Agreement, it is necessary to amend Section 4.2.7 of the Franchise Agreement. This amendment will reflect appropriate implementation deadlines for the construction and operation of the MRF given the timeline of the MRF Citizen Site Selection Committee, the time necessary W to acquire or negotiate a lease for the selected property, and the time necessary to complete the planning processing, including the completion of an Environmental Impact Report. ALTERNATIVE ACTIONS Other actions as determined by City Council. FISCAL IMPACT There is no fiscal impact as a result of this item. ATTACHMENTS Resolution Eight Amendment to Agreement Waste Diversion Subcommittee Handout PowerPoint Presentation RESOLUTION 09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA APPROVING THE EIGHTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES 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 solid waste that is 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 20, 2003, the City and Burrtec Waste Industries, Inc., entered into that certain "AGREEMENT BETWEEN THE CITY OF SANTA CLARTIA AND BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES" (the Agreement); and WHEREAS, on June 10, 2005, the City amended the second sentence of Section 4.2.7 of the Agreement by changing "April 15, 2005," and "February 15, 2006," to read "six months following the date of the hearing set by the Court of Appeal in Santa Clarita Oak Conservancy, et al. v. City of Santa Clarita" and "ten months following the first date," respectively; and WHEREAS, on April 25, 2006, the City amended the second sentence of Section 4.2.7 of the Agreement by changing "six months following the date of the hearing set by the Court of Appeal in Santa Clarita Oak Conservancy, et al. v. City of Santa Clarita" and "ten months following the first date," respectively to read, "Construction of the MRF shall begin no later than January 11, 2007, and it shall be constructed and operational no later than November 11, 2007"; and WHEREAS, on October 9, 2007, the City amended the second sentence of Section 4.2.7 of the Agreement by changing "Construction of the MRF shall begin no later than January 11, 2007, and it shall be constructed and operational no later than November 11, 2007," to read, "Construction of the MRF shall begin no later than January 1, 2009, and it shall be constructed and operational no later than November 1, 2009"; and WHEREAS, the City and Burrtec Waste Industries, Inc., desire to amend the Agreement by changing certain dates and terms relative to the construction of the MRF a and give the City Council the authority to change certain dates and terms relative to the construction of the MRF. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. Pursuant to California Public Resources Code Section 40059(a)(1) and Section 7 of Article 11 of the California Constitution that the public health, safety, and well-being require approval of that certain "Eighth Amendment to the Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services" (the Eighth Amendment), a copy of which is attached. The City Manager or designee is authorized to execute the Eighth Amendment on behalf of the City. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS day of 2009. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, California, certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting held on the day of 2009, by the following vote of the City Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS City Clerk 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution 09 -_, adopted by the City Council of the City of Santa Clarita, California on this day of 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 2009. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk M EIGHTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES This EIGHTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND BURRTEC WASTE INDUSTRIES, INC., FOR COMMERCIAL SOLID WASTE MANAGEMENT SERVICES (Eighth Amendment) is entered into this day of 2009, between the City of Santa Clarita (City), California, a California municipal corporation and Burrtec Waste Industries, Inc., (Burrtec), a California corporation to amend that certain "Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc., for Commercial Solid Waste Management Services" (the Agreement), dated November 20, 2003. RECITALS 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 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 20, 2003, the City and Burrtec entered into the Agreement; and WHEREAS, on June 10, 2005, the City amended the second sentence of Section 4.2.7 of the Agreement by changing "April 15, 2005," and "February 15, 2006," to read "six months following the date of the hearing set by the Court of Appeal in Santa Clarita Oak Conservancy, et al. v. City of Santa Clarita" and "ten months following the first date," respectively; and WHEREAS, on April 25, 2006, the City amended the second sentence of Section 4.2.7 of the Agreement by changing "six months following the date of the hearing set by the Court of Appeal in Santa Clarita Oak Conservancy, et al. v. City of Santa Clarita" and "ten months following the first date," respectively to read, "Construction of the MRF shall begin no later than January 11, 2007, and it shall be constructed and operational no later than November 11, 2007'; and WHEREAS, on October 9, 2007, the City amended the second sentence of Section 4.2.7 of the Agreement by changing "Construction of the MRF shall begin no later than January 11, 2007, and it shall be constructed and operational no later than November 11, 2007," to read, "Construction of the MRF shall begin no later than January 1, 2009, and it shall be constructed and operational no later than November 1, 2009"; and I WHEREAS, the City and Burrtec desire to amend the Agreement by changing certain dates. NOW, THEREFORE, the City and Burrtec, in consideration of their mutual promises, amend the Agreement as follows: SECTION 1. In Section 4.2.7 of the Agreement, the second sentence is amended to read as follows, "Construction of the MRF shall begin no later than January 3, 2011, and it shall be constructed and operational no later than November 1, 2011." IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SANTA CLARITA A California Municipal Corporation Frank Ferry, Mayor ATTEST: Sharon L. Dawson, MMC City Clerk APPROVED AS TO FORM: Carl K. Newton City Attorney WE (Signatures on next page) 2 011 BURRTEC WASTE INDUSTRIES, INC. By: [CEO, President, Chairman of the Board or any Vice President] And by: [The Secretary, any assistant secretary, CFO or any assistant treasurer] State of California ) County of ) On before me, Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signers) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the - laws of 'the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature 3 Signature of Notary Public 0 Materials Recovery Facility (MRF) Site Selection Committee Goals • Educate the members of the Committee • Visit existing MRFs to witness the facility in operation • Listen to and address concerns of the residents • Establish and prioritize important criteria for site selection • Work with Los Angeles County during the site evaluation process • Find two to three viable locations to construct and operate a MRF for recommendation to the City Council Committee Characteristics • Fifteen to twenty committee members • Robert Newman will serve as the facilitator • Six-month process • Estimated eight meetings of approximately one and a half hours to complete process other than site visits Proposed Committee Participants • Sierra Club Representative • Castaic Town Council Representative • West Ranch Town Council Representative • Canyon Country Advisor Committee Representative • Saugus Action Committee Representative • Newhall Redevelopment Committee Representative • Valencia Area Representative • SCV Chamber of Commerce Representative • Two Councilmembers from the City of Santa Clarita • Los Angeles County Fifth District Representative • Los Angeles County Public Works Representative • Four open seats to be chosen by the Solid Waste Subcommittee Proposed Meetings • Meeting 1 - Orientation: Why We Are Here, Where We Have Been (including the state of the City's solid waste and recycling programs and future trash rates) • Meeting 2 - MRF Visit: Visit Existing MRFs in Southern California • Meeting 3 - Brainstorming: List of Potential Sites • Meeting 4 - Site Visit: Visit List of Potential Sites • Meeting 5 - Site Selection Criteria and Prioritization of Site Criteria • Meeting 6 - Narrowing Down of Potential Sites Based on Site Criteria • Meeting 7 - Solid Waste Subcommittee Meeting: Present Findings to Members • Meeting 8 - City Council Meeting: Present findings based on committees' consensus and Solid Waste Subcommittees' recommendations `D Materials Recovery Facility Citizen Site Selection Committee Santa Clarita City Council Meeting February 24, 2009 Purpose of Committee • Find a suitable location for a Materials Recovery Facility (MRF) in or around the City of Santa Clarita • Educate members of the committee • Visit existing MRFs to witness the facilities in operation • Listen to and address the concerns of residents ,k Purpose of Committee • Establish and prioritize important criteria for site selection • Work with Los Angeles County during the site evaluation process • Find two to three viable locations to construct and operate a MRF Proposed Committee Members • Sierra Club • Castaic Town Council • West Ranch Town Council • Canyon Country Advisory Committee • Saugus Action Committee • Newhall Redevelopment Committee • Valencia Area Representative • Santa Clarita Valley Chamber of Commerce • Los Angeles County Public Works • Los Angeles County Fifth District • Two City of Santa Clarita Councilmembers • Four open seats to be selected by the Solid Waste Subcommitee Facilitated by Robert Newman, Director of Public Works \a Proposed Schedule • Meeting 1- Orientation: Why We Are Here, Where We Have Been • Meeting 2 - MRF Visit: Visit Existing MRFs in Southern California • Meeting 3 - Brainstorming: List of Potential Sites • Meeting 4 - Site Visit: Visit List of Potential Sites Proposed Schedule (cont.) • Meeting 5 - Site Selection Criteria and Prioritization of Site Criteria • Meeting 6 - Narrowing Down of Potential Sites Based on Site Criteria • Meeting 7 - Solid Waste Subcommittee Meeting: Present Findings to Members • Meeting 8 - City Council Meeting: Present findings based on committees' consensus and Solid Waste Subcommittees' recommendations .r,5