HomeMy WebLinkAbout2015-03-10 - RESOLUTIONS - RECOLOGY LA (2)' RESOLUTION NO. 15-08
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE TRANSFER OF
EXCLUSIVE FRANCHISEE RIGHTS FOR TEMPORARY BIN AND ROLL -OFF BOX
SOLID WASTE MANAGEMENT SERVICE FROM CROWN DISPOSAL CO., INC., TO
RECOLOGY LOS ANGELES DUE TO SALE OF BUSINESS
WHEREAS, Article XI, § 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, by 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 other 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 § 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, the Santa Clarita Municipal Code implements Article XI, § 7 of the
California Constitution and California Public Resources Code § 40059 in the City of Santa
Clarita ("City"); and
WHEREAS, the City is obligated to protect the public health and safety of the residents
of the City 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, on February 17, 2006, the City entered into a Temporary Bin and Roll -Off
Box Solid Waste Agreement (Contract No. 06-00025) (such agreement, as amended by the First
and Second Amendments referred to in the last recital hereof, the "Agreement") with Crown
Disposal Co., Inc.; and
WHEREAS, Crown Disposal Co., Inc., is selling substantially all of its assets to
Recology Los Angeles or an affiliate there of; and
WHEREAS, the Agreement between the City and Crown Disposal Co., Inc., requires in
Section 23, a resolution of the City Council approving any transfer by Crown Disposal Co., Inc.;
and
WHEREAS, the City and Recology Los Angeles are mindful of the provisions of the '
laws governing the safe collection, transport, recycling, and disposal of Temporary Bin and Roll -
Off Solid Waste, including the AB 939, the Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. §§ 6901 et seq., and the Comprehensive Environmental Response,
Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq.; and
WHEREAS, the City and Recology Los Angeles desire to leave no doubts as to their
respective roles and to make it clear that by allowing the transfer from Crown Disposal Co., Inc.,
to Recology Los Angeles, the City is not thereby becoming a "generator" or an "arranger" as
those terms are used in the context of CERCLA § 107(a)(3) and that it is Recology Los Angeles,
an independent entity, not the City, which will arrange to collect Temporary Bin and Roll -Off
Solid Waste from Premises in the City of Santa Clarita, transport for recycling and disposal and
dispose of Temporary Bin and Roll -Off Solid Wastes, which may contain small amounts of
household products with the characteristics of hazardous wastes, collect and compost Green
Waste and collect and recycle Recyclable Solid Wastes from Premises in the City of Santa
Clarita, and collect and recycle or dispose of Construction and Demolition Materials; and
WHEREAS, Recology Los Angeles agrees to abide by the Agreement and by those
amendments to Contract 06-00025 set forth in the First Amendment approved by Santa Clarita
City Council on June 9, 2009 (Resolution 09-41), and the Second Amendment approved by
Santa Clarita City Council on December 9, 2010 (Resolution 10-89).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA '
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Transfer of Franchise
City hereby consents to the assignment of the Agreement, and the franchise provided for therein,
from Crown Disposal Co., Inc., to Recology Los Angeles effective as of the date hereof. Upon
the date hereof, Recology Los Angeles shall be successor in interest to Crown Disposal Co.,
Inc.'s franchise and shall with those other solid waste enterprises granted similar franchises, have
an exclusive duty, right, and privilege to collect, transport, process, recycle, compost, retain, and
dispose of all Temporary Bin and Roll -Off Solid Waste, as defined in the Agreement, produced,
generated, and/or accumulated at premises in the City, except as provided below or elsewhere in
the Agreement. The collection and disposal of residential solid waste from single-family and
multi -family residences or other similar places is not within the scope of the Agreement, but is
within the scope of a separate "Residential Agreement." The collection and disposal of
Construction and Demolition Materials from residential and commercial Premises through the
use of roll -off or other bins is within the scope of the Agreement. However, accumulation,
collection, and recycling or disposal of Construction and Demolition Materials by a licensed
contractor, e.g., a roofing contractor, performing work within the scope of the contractor's
license, e.g., removing a roof and installing a new roof, using equipment owned or leased by the
contractor, is not within the scope of the Agreement.
SECTION 2. Term of Franchise
Recology Los Angeles accepts and acknowledges that collection services under the I
aforementioned franchise and the Agreement shall be provided for a period terminating at
midnight on December 31, 2015, unless sooner terminated.
' SECTION 3. Cash Bond
City has on file a cash bond from Crown Disposal Co., Inc., as required by Section 18 of the
Agreement. That bond shall remain with the City until Recology Los Angeles deposits with the
City a cash bond meeting the requirements of Section 18. After the deposit of Recology Los
Angeles' bond, City shall within a reasonable period return Crown Disposal Co., Inc.'s bond, or
Crown Disposal Co., Inc., may terminate the same.
SECTION 4. Bin Labeline
Notwithstanding anything to the contrary in Section 22.E of the Agreement, Recology Los
Angeles will not be obligated to pay the City liquidated damages if a Bin is out of compliance
with Section 7 of the Agreement at any time within the 90 -day period following the effective
date of assignment of the Agreement.
SECTION 5. Remainder of Agreement Intact
Except as specifically identified in this resolution, the terms of the Agreement (including the
First Amendment and Second Amendment) remain in full force and effect. The City Clerk shall
certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this IOa' day of March 2015.
' MAYOR
ATTEST:
CITY CL 22
DATE: I J r S
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, 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 10`s day of March 2015, by the following vote:
AYES: COUNCILMEMBERS: Weste, Acosta, Kellar, Boydston, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None