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Home My WebLink About2009-05-26 - RESOLUTIONS - BLUE BARREL DISPOSAL (2)RESOLUTION 09-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND USA WASTE OF CALIFORNIA, INC., _ DBA BLUE BARREL DISPOSAL FOR RESIDENTIAL SOLID WASTE MANAGEMENT SERVICES 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 USA Waste of California, Inc., dba Blue Barrel Disposal (Blue Barrel) entered into that certain "Agreement Between the City of Santa Clarita and USA Waste of California, Inc., dba Blue Barrel Disposal for Residential Solid Waste Management Services" (the Agreement); and WHEREAS, pursuant to Section 6.3 of the Agreement, Blue Barrel is entitled to pursue an annual adjustment to its maximum rates for the rate year commencing on July 1, 2009 to June 30, 2010; and WHEREAS, pursuant to Section 6.6 of the Agreement, Blue Barrel is entitled to pursue an extraordinary rate adjustment based on the direct per ton surcharge levied by local regulatory agencies; and WHEREAS, the Los Angeles County Board of Supervisors increased the Countywide Solid Waste Management Fee from $0.86 to $1.50 per ton of waste disposed at solid waste landfills and transformation facilities as of January 1, 2009; and WHEREAS, the City has reviewed the extraordinary rate request submitted by Blue Barrel and find the request to be acceptable per the Agreement; and WHEREAS, the City and Blue Barrel desire to amend the Agreement by increasing the maximum rates as outlined in Section 6.3 and 6.6 of the Agreement; and WHEREAS, Section 4.5.2 of the Franchise Agreement requires that Blue Barrel Disposal's fleet meet a number of requirements, including operating a fleet younger than ten years of age; and WHEREAS, there has been a dispute between the City and Blue Barrel regarding Blue Barrel's compliance with Section 4.5.2 of the Residential Franchise Agreement; and WHEREAS, City staff and Blue Barrel staff have been working collectively to address the issues related to the dispute, and in addition to identify ways to improve the level of services provided by Blue Barrel to increase waste diversion. These collaborative efforts have resulted in the modification of one franchise program and the creation of five additional programs; and WHEREAS, the City and Blue Barrel desire to amend the Agreement by replacing the language for the manure collection program; and WHEREAS, the City and Blue Barrel desire to amend the Agreement by adding five additional sections to the Agreement to include a sharps program, clothing recycling program, multifamily outreach program, an increased outreach program, and sustainability program; and WHEREAS, The City and Blue Barrel shall have no obligation to provide additional consideration for these modifications and new programs other than agreed to. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. The City Council does hereby find, determine, and declare 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 "Fourth 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" (the Fourth Amendment), a copy of which is attached. The Mayor is authorized to execute the Fourth Amendment on behalf of the City and such Fourth Amendment is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 26th day of May, 2009. ATTEST: / /I 4�) CITY CLERK 2- MAYOR 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, 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 26th day of May, 2009, by the following vote: AYES: COUNCILMEMBERS: Weste, Kellar, McLean, Ender, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1 1 CITY CLERK 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 09-30 adopted by the City Council of the City of Santa Clarita, California on May 26, 2009, 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, MMC City Clerk'' By Susan Caputo, CMC Deputy City Clerk M 1 1 I 7- I 2009 Blue Barrel Disposal Rates The standard service rates will be changed as follows: Level of Service 2008 2009 Standard Service Rate $17.28 $17.33 Reduced Rate (no greenwaste) $15.28 $15.33 Reduced Rate (Senior/Lifeline customer) $13.82 $13.86 Mobile Home Service Rate $12.96 $13.00 The multifamily rates will be changed as follows: Container Number of Weekly Pickups Size 1 2 3 4 5 6 7 erg eta ermonth, 1.5 yd ('09) $52.25 $104.52 $156.77 $209.02 $261.27 $313.54 $365.79 RP R rNO K 2 yd('09) $55.71 $111.39 $167.10 $222.80 $278.48 $334.17 $380.88 $5.22 per pickup 3 3 yd' ('09) $62.59 $125.14 $187.74 $250.31 $312.88$375.46 $438.05 Vi .. 2,7 1 $347> R I 1 ' 1$ 0 11 45 M 4 yd j ('09) $69.45 $138.93 1 $208.37 $277.82 $347.28 $416.75 1 $486.19 The special service rates will be changed as follows: Special Services 2009 Street Litter Carts`$1«533T erg eta ermonth, $15.37 per set per month Restart Charge $15.63 Refuse Overage Extra $5.22 per pickup Pickup ty Locking Bin $10.43 per bin per month Bulk Billing Discount 8% Extra Bulky Item Pickup $20.85 per pickup Additional Bin Cleanings $36.49 per cleaning Extra Bin Empties �$3' $36.49 empty per Compactor Rates 2x comparable rate Late Fees v 1.5% per month Emergency Services t'%72x77£ erNN $72.98 Manure Collection comparable100% of comparable multifam>l.;b1n}refusegaier multifamily bin refuse rate Prepayment Discount One month free with 11 months p re aid J_