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HomeMy WebLinkAbout2009-04-28 - RESOLUTIONS - ORD 09 4 SOLID WASTE FRANCHISE (2)RESOLUTION 09 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, IMPLEMENTING ORDINANCE 09-4 BY RECITING THE CURRENT CATEGORIES OF SOLID WASTE FRANCHISES EXISTING WITHIN THE CITY; RATIFYING THE EXISTENCE OF OUTSTANDING FRANCHISES; SETTING FORTH THE FRANCHISE APPLICATION PROCEDURE; AND SETTING FEES CONTEMPLATED BY ORDINANCE 09-4 WHEREAS, the City Council is authorized to regulate solid waste pursuant to Article XI, Section 7 of the California Constitution and Public Resources Code Section 40059; and WHEREAS, the City Council adopted Ordinance 09-4 on April 28, 2009, which made changes to the City's existing Integrated Waste Management Ordinance, codified as Chapter 15.44 of the Santa Clarita Municipal Code; and WHEREAS, Section 15.44.210 allows the City to establish by Resolution those categories of waste collection for which franchises are issued by the City; and WHEREAS, Section 15.44.305 allows the City Council to establish by Resolution the application process for a new Solid Waste Franchise; and WHEREAS, various sections within the Ordinance allow the City Council to establish certain fees related to Integrated Waste Management by Resolution. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Categories of Solid Waste Franchises. The following categories of Solid Waste Franchises currently exist in the City: Residential, Commercial, and Temporary Bin and Roll -Off Box Services. Without altering or extending in any way the terms of any existing franchises and without granting any new franchises, the City Council confirms the existence of the following franchisees within the City: All City Rent A Bin, AV Equipment Rentals, Inc., Allied Waste Services of North America, LLC, and Blue Barrel Disposal; A Waste Management Company, Burrtec Waste Industries, Inc., Consolidated Disposal Services, Crown Disposal Co., Inc., Looney Bins, Inc., Rent -A -Bin, and Residential Rent -A -Bin Roll -Off Services, Inc. SECTION 2. Application Process: Anyone wishing to apply for a franchise pursuant to Chapter 15.44 shall follow the process set forth below: If the Council decides to grant one or more exclusive Solid Waste Franchises for solid waste collection in the City, interested parties shall be required to submit the minimum required information described in Section 15.44.305 of the Santa Clarita Municipal Code during the City's Request For Proposals process. The interested party, if selected, will be required to post all required performance and bid bonds or cash bonds as determined by the City. SECTION 3. Fees. The City Council hereby adopts the fees set forth on Exhibit "A." Based upon information presented by City staff, the City Council determines that such fees represent the reasonably estimated cost of providing the services for which they are collected. SECTION 4. Prior Resolutions. It is the intent of this Council that the provisions of this Resolution shall supersede any inconsistent provisions of any previously adopted Resolutions. SECTION 5. This Resolution shall be effective immediately upon its adoption. SECTION 6. The City Clerk shall certify the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. PASSED, APPROVED, AND ADOPTED this 28th day of April 2009. ATTEST: CITY CLERK 2 MAYOR 1 1 1 1 STATE OF CALIFORNIA COUNTY OF LOS ANGELES 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 28th day of April, 2009, by the following vote: AYES: COUNCILMEMBERS: Mclean, Weste, Kellar, Ender, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) 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 09-4 adopted by the City Council of the City of Santa Clarita, California on April 28, 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 11 1 1 1 1 FEE SCHEDULE Exhibit "A" Franchise Fees Rate Temporary Bin and Roll -Off Box Franchise Application Transfer Fee* $5,000.00 Residential Franchise Fees (Quarterly) 10% of Gross Receipts Commercial Franchise Fees (Quarterly) 10% of Gross Receipts Temporary Bin and Roll -Off Box Franchise Fees (Monthly) 5% of Gross Receipts Self -Haul Self -Haul Fee (One-time only) $133.00 Self -Haul Fee (One-time only) with Senior/Lifeline Discount 20% off Self -Haul Fee Renewal Fee (Biennial) $50.00 Renewal Fee (Biennial) with Senior/Lifeline Discount 20% off Renewal Fee Impoundment Impound Towing Fee (Per Bin) $150.00 Disposal Fee (Per Bin) $600.00 Storage Fee (Per Bin under 10 days) $100.00 Storage Fee (Per Bin over 10 days, up to 30 days) $300.00 Administrative Fee (Per Bin) $193.00 Mandatory Recycling Program Commercial Non -Compliant Rate 10% above Maximum Rate Residential Non -Compliant Rate 10% above Maximum Rate Recycling Exemption Fee (Annual) $133.00 Notice of Appeal Notice of Appeal Filing Fee $660.00 *In addition to the Solid Waste Franchise Transfer Fee, the Solid Waste Franchisee shall reimburse the City for all reasonable consultants', attorneys', and staff costs not covered by the franchise transfer application fee, whether or not the City approves the application for transfer. The City's request for reimbursement shall be supported with evidence of the expenses and costs incurred. The solid waste enterprise and the applicant for transfer shall be jointly and severally liable for the payment of any reasonable consultants', attorneys', and staff costs not covered by the franchise transfer application fee.