HomeMy WebLinkAbout2009-04-28 - RESOLUTIONS - TEMPORARY BIN ROLL OFF (2)1
RESOLUTION 09-24
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA, EXPANDING THE NONEXCLUSIVE
TEMPORARY BIN AND ROLL -OFF BOX FRANCHISE TO OPEN ON AN ANNUAL BASIS
TO ALLOW ADDITIONAL ENTERPRISES TO ENTER THE FRANCHISE
WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to
protect public health and safety by taking measures in furtherance of their authority over police
and sanitary matters; and
WHEREAS, the Legislature of the State of California, be enactment of the California
Integrated Waste Management Act of 1989 ("AB 939" or the "Act") established a solid waste
management process which requires cities and local jurisdictions to implement plans for source
reduction, reuse, and recycling as integrated waste management practices for solid waste
attributed to sources within their respective jurisdictions; and
WHEREAS, California Public Resources Code Section 40059 provides that aspects of
solid waste handling of local concern include but are not limited to frequency of collection,
means of collection and transportation, level of services, charges and fees, and nature, location
and extent of providing solid waste services, and whether the services are to be provided by
means of nonexclusive, partially exclusive, or wholly exclusive franchise, contract, license, or
otherwise which may be granted by local government under terms and conditions prescribed by
the governing body of the local agency; and
WHEREAS, Chapters 15.44 and 15.46 of the Santa Clarita Municipal Code implement
Article XI, Section 7 of the California Constitution and California Public Resources Code
Section 40059 in the City of Santa Clarita; and
WHEREAS, the City is obligated to protect the public health and safety of the residents
of the City of Santa Clarita and arrangements made by solid waste enterprises and recyclers for
the collection of Temporary Bin and Roll -Off solid wastes should be made in a manner
consistent with the exercise of the City's police power for the protection of public health and
safety; and
WHEREAS, the City entered into ten nonexclusive franchises for the provision of
services relating to Temporary Bin and Roll -Off Box service as of January 1, 2006, for a period
of five years; and
WHEREAS, the City declares its intention of maintaining reasonable rates and quality
service related to the collection, transportation, recycling, processing, and disposal of solid waste
and other services; and
WHEREAS, the City desires to expand the franchise program to allow additional
enterprises to obtain nonexclusive franchises.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as
follows:
SECTION 1. The City shall advertise and solicit solid waste enterprises to propose how
Temporary Bin and Roll -Off solid waste services may be provided in the City in a safe and
efficient manner which protects public health and safety and implements measures consistent
with the City's Source Reduction and Recycling Element (SRRE) in order for the City to reach
the diversion goals mandated by the California Integrated Waste Management Act of 1989, as
amended, Public Resources Code, Sections 40000 et. seq. Franchises applied for shall be
considered by the City Council once per year and shall commence on January 1.
SECTION 2. City staff shall annually provide the opportunity for enterprises to apply for
a non-exclusive franchise.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 28th day of ril 2009.
MAYOR
ATTEST:
_ t
CITY CLERK
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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 28th day of April 2009, by the following vote:
AYES: COUNCILMEMBERS: Mclean, Weste, Kellar, Ender, Ferry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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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 09-24 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
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Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
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