The URL can be used to link to this page

Home My WebLink AboutRES CC 2024 4283 2024 1204RESOLUTION NO. 2024-4283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AN ASSIGNMENT OF THE FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND USA WASTE OF CALIFORNIA, INC., A DELAWARE CORPORATION FOR PROVIDING RESIDENTIAL AND COMMERCIAL SOLID WASTE SERVICES TO G.I. INDUSTRIES, A UTAH CORPORATION; APPROVING AN AMENDED AND RESTATED FRANCHISE AGREEMENT FOR PROVIDING RESIDENTIAL AND COMMERCIAL SOLID WASTE SERVICES BETWEEN THE CITY OF MOORPARK AND G.I. INDUSTRIES, A UTAH CORPORATION; UPDATING THE SOLID WASTE COLLECTION SERVICE FEE SCHEDULE OF RATE CEILINGS; RESCINDING RESOLUTION NO. 2020-3973; AND MAKING A DETERMINATION OF EXEMPTION IN CONNECTION TEREWITH PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq.) (the "Act") has declared that it is in the public interest to require local agencies to make adequate provision for solid waste handling within their jurisdictions to meet the goals and objectives of the Act; and WHEREAS, the City provides residential and commercial solid waste and recycling collection services; and WHEREAS, in accordance with the Act, the City is required to implement its Source Reduction and Recycling Element in order to maintain the diversion of 50% of solid waste collected in the City from landfill disposal; and WHEREAS, in accordance with California Public Resources Code Sections 40059(a)(2) and 49300 and Section 8.36.030 of the Moorpark Municipal Code, the City Council determines that protecting the public health, safety, and well-being, controlling the spread of vectors, and limiting sources of air pollution, noise and traffic within the City requires the City to award an exclusive franchise to a qualified solid waste enterprise for the collection, transportation, recycling, processing, and disposal of solid waste, and for other related services to meet the goals and objectives of the Act; and WHEREAS, in 2018, the City Council granted an exclusive franchise agreement to USA Waste of California, Inc., a Delaware Corporation (USA Waste"), entitled, "Franchise Agreement between the City Moorpark, a California Municipal Corporation and USA Waste of California, Inc., a Delaware Corporation for Providing Residential and Commercial Solid Waste Services", effective as of June 20, 2018, for the collection, transportation, recycling, processing, and disposal of solid waste, and for other related services, which exclusive franchise agreement was amended by Amendment No. 1, entered into as of November 5, 2019 (as amended, the "Current Agreement"); and Resolution No. 2024-4283 Page 2 WHEREAS, in accordance with the requirements of the Current Agreement, USA Waste has requested the City to consent to the assignment of the Current Agreement from USA Waste to G.I., Industries, a Utah Corporation; and WHEREAS, USA Waste has provided documentation to the City that G.I. Industries is an Affiliate of USA Waste, as that term is defined in the Current Agreement; and WHEREAS, the City Council desires to approve such assignment; and WHEREAS, the City and G.I. Industries (the "Contractor" have negotiated a new Amended and Restated Franchise Agreement for Providing Residential and Commercial Solid Waste Services, a copy of which is attached to the staff report for this item and on file in the office of the City Clerk (the "New Agreement"), which will supersede and replace the Current Agreement on January 1, 2025; and WHEREAS, the City Council recognizes that the awarding of the New Agreement will facilitate the efficient and environmentally responsible management of discarded materials within the City, thereby ensuring the City's compliance with applicable law, including the Act and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383) and the SB 1383 Regulations, and contributing to the overall sustainability goals of the community; and WHEREAS, SB 1383 and the SB 1383 Regulations require jurisdictions to provide organic waste collection services to all solid waste generators and in connection therewith meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements, and the City has chosen to delegate certain of these responsibilities to the Contractor, acting as the City's designee, pursuant to the New Agreement; and WHEREAS, the Contractor represents and warrants to the City that it has the experience, responsibility, and qualifications to conduct the services detailed in the New Agreement; and WHEREAS, as required by the public health, safety, and well-being, the City Council desires to approve the New Agreement; and WHEREAS, pursuant to Section 8.36.350 (B) and (C) of the Moorpark Municipal Code, the City Council has the authority to establish, by resolution, a schedule setting forth rate ceilings on the solid waste service rates a franchisee may charge for solid waste collection from any commercial or residential premises in the City (i.e., maximum rates); and Resolution No. 2024-4283 Page 3 WHEREAS, implementation of the services under the New Agreement will result in additional costs being incurred by the Contractor, and in order to compensate the Contractor for its cost of providing services pursuant to the New Agreement, the Contractor has requested the City Council to approve an increase to the ceiling on the maximum rates that the Contractor may charge its customers for the services it provides pursuant to the New Agreement, with the initial increased maximum rates, effective January 1, 2025, set forth in Exhibit 1 to the New Agreement and Exhibit A, attached hereto and incorporated herein, which maximum rates may be adjusted in accordance with the requirements set forth in the New Agreement; and WHEREAS, the rates to be charged by the Contractor to its customers are set by the Contractor as a private contractor in the marketplace, and the City's role with respect to rate setting is to establish rate ceilings for the protection of the customers; and WHEREAS, City staff has evaluated the entering into of the proposed New Agreement, including the rate adjustments provided for therein, for purposes of compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (CEQA) and the California CEQA Guidelines and has determined that approval of the New Agreement is intended to implement State mandated requirements of SB 1383. Pursuant to CEQA Guidelines Section 15308, Class 8, "Actions by Regulatory Agencies for Protection of the Environment," this action is exempt from further review under CEQA. The development and implementation of the amended services is a requirement of the California Department of Resources Recycling and Recovery (CalRecycle), and is exempt from CEQA because it is an action pursuant to a regulatory requirement to assure the protection of the environment, and involves procedures for protection of the environment. Furthermore, the amended services apply to the City's existing volume of generated solid waste, where there is no expansion of use, and is therefore exempt from the CEQA analysis based on State CEQA Guidelines requirements under Section 21084 of the Public Resources Code, in accordance with Article 19, Section 15301, Class (1) "existing facilities". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated herein as if set forth in full. SECTION 2. The City Council concurs with the staff's CEQA determinations set forth in the above recitals. SECTION 3. The City Council hereby approves the assignment of the Current Agreement, entitled, "Franchise Agreement between the City Moorpark, a California Municipal Corporation and USA Waste of California, Inc., a Delaware Corporation for Providing Residential and Commercial Solid Waste Services" to G.I. Industries, effective upon the adoption of this Resolution. Resolution No. 2024-4283 Page 4 SECTION 4. The City Council hereby approves the New Agreement entitled, "Amended and Restated Franchise Agreement for Providing Residential and Commercial Solid Waste Services" by and between the City and G .I. Industries , a Utah Corporation , in substantially the form attached to the staff report for this item and on file in the office of the City Clerk , with such changes as deemed necessary or appropriate by the City Manager or City Attorney. SECTION 5. Effective January 1, 2025 , the initial ceilings to the maximum solid waste service rates that may be charged by a franchisee are shown in Exhibit A , attached hereto and incorporated herein, with such initial ceilings to the maximum rates subject to adjustment in accordance with the requirements set forth in the New Agreement. SECTION 6 . Resolution No . 2020-3973 is hereby rescinded in its entirety upon the effective date of this Resolution. SECTION 7 . The City Council hereby authorizes the City Manager to do all things necessary and proper to implement this resolution. SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions . PASSED AND ADOPTED this 4th day of December , 2024 . - ATTEST: Attachment: Exhibit A Resolution No . 2024-4283 Page 5 EXHIBIT A RATE SCHEDULE City of Moorpark -Effective January 1, 2025 Rates are per month and invoiced by Contractor unless otherwise noted. Service Residential Cart Services: In addition to the listed Refuse Cart size serviced once per week, service includes one (1) 96-gallon Cart for Organic Materials serviced once per week and one (1) 64-gallon Cart for Recyclable Materials serviced once per week. 32-Gallon Cart Service $ 64-Gallon Cart Service $ 96-Gallon Cart Service $ 32-Gallon Cart Service Senior Rate $ 64-Gallon Cart Service Senior Rate $ 96-Gallon Cart Service Senior Rate $ Additional Refuse Cart (Resi), Per Cart $ Additional Recyclable Materials Cart (Resi), Per Cart $ Additional Organic Waste Cart (Resi), Per Cart $ Commercial & Multifamily Services: In addition to the listed Refuse container size and service frequency, service includes one (1) 64-gallon Cart for Organic Materials serviced once per week and one ( 1) 96-gallon Cart for Recyclable Materials serviced once per week . 96-Gallon x1 Per Week $ 96-Gallon x2 Per Week $ 96-Gallon x3 Per Week $ 96-Gallon x4 Per Week $ 96-Gallon x5 Per Week $ 96-Gallon x6 Per Week $ Non-Contracted 96-Gallon Extra Pickup $ 1.5-Cubic Yards x1 Per Week $ 1.5-Cubic Yards x2 Per Week $ 1.5-Cubic Yards x3 Per Week $ 1.5-Cubic Yards x4 Per Week $ Non-Contracted 1.5-Cubic Yards Extra Pickup $ Compacted 1.5-Cubic Yards Pickup $ 3-Cubic Yards x1 Per Week $ 3-Cubic Yards x2 Per Week $ 3-Cubic Yards x3 Per Week $ 3-Cubic Yards x4 Per Week $ 3-Cubic Yards x5 Per Week $ 3-Cubic Yards x6 Per Week $ Non -Contracted 3-Cubic Yards Extra Pickup $ Rates 30.87 33 .5 8 36.76 27.96 30.53 33.12 13.46 7.76 9.83 81 .56 133.54 177.42 238 .76 297.20 352.85 40.78 182.67 309.08 435.46 561 .76 77.38 365 .37 203.76 351.18 500.47 646.01 793.45 940 .86 87 .92 Resolution No . 2024-4283 Page 6 Service Compacted 3-Cubic Yards Pickup 4-Cubic Yards x1 Per Week 4-Cubic Yards x2 Per Week 4-Cubic Yards x3 Per Week 4-Cubic Yards x4 Per Week 4-Cubic Yards x5 Per Week 4-Cubic Yards x6 Per Week Non-Contracted 4-Cubic Yards Extra Pickup Compacted 4-Cubic Yards Pickup Temporary Service: 3-Cubic Yard Temporary Refuse Bin Service includes delivery and removal, Per Bin 3-Cubic Yard Temporary Refuse Bin Additional Pickup, Per Each Commercial & Multifamily Recycling Bin Service: Additional 96-Gallon x1 /week 96-Gallon x2 Per Week 96-Gallon x3 Per Week 96-Gallon x4 Per Week 96-Gallon x5 Per Week 96-Gallon x6 Per Week 1.5-Cubic Yards x1 Per Week 1.5-Cubic Yards x2 Per Week 1.5-Cubic Yards x3 Per Week 1.5-Cubic Yards x4 Per Week 1.5-Cubic Yards x5 Per Week 1.5-Cubic Yards x6 Per Week 1.5-Cubic Yards Extra Pickup 3-Cubic Yards x1 Per Week 3-Cubic Yards x2 Per Week 3-Cubic Yards x3 Per Week 3-Cubic Yards x4 Per Week 3-Cubic Yards x5 Per Week 3-Cubic Yards x6 Per Week 3-Cubic Yards Extra Pickup 4-Cubic Yards x1 Per Week 4-Cubic Yards x2 Per Week 4-Cubic Yards x3 Per Week 4-Cubic Yards x4 Per Week 4-Cubic Yards x5 Per Week 4-Cubic Yards x6 Per Week 4-Cubic Yards Extra Pickup Rates $ 407.48 $ 224.79 $ 393.18 $ 561.79 $ 730.26 $ 898.76 $ 1,067.30 $ 98.37 $ 449 .57 $ 168 .30 $ 168.30 $ 20.00 $ 40.41 $ 60 .62 $ 80 .62 $ 100 .77 $ 120.92 $ 105 .73 $ 211.55 $ 317.23 $ 423 .10 $ 528.75 $ 634.53 $ 68 .25 $ 151.84 $ 303.57 $ 455.51 $ 607.19 $ 759.14 $ 871.48 $ 96.45 $ 189 .14 $ 378.35 $ 567 .50 $ 756.74 $ 945.86 $ 1,104 .15 $ 119 .00 Resolution No .• 2024-4283 Page 7 Service Commercial & Multifamily Organic Waste Cart Service: Additional 64g Cart x1 Per Week 64q Cart x2 Per Week 64g Cart x3 Per Week 64g Cart x4 Per Week 64q Cart x5 Per Week Commercial & Multifamily Organic Bin Service: 1.5-Cubic Yards x1 Per Week 3-Cubic Yards x1 Per Week 3-Cubic Yards x2 Per Week 3-Cubic Yards x3 Per Week 3-Cubic Yards x4 Per Week 3-Cubic Yards x5 Per Week 4-Cubic Yards x1 Per Week 4-Cubic Yards x2 Per Week 4-Cubic Yards x3 Per Week 4-Cubic Yards x4 Per Week 4-Cubic Yards x5 Per Week Roll Off Service (Per Pull): Haul Rates do not include disposal charges Roll Off Haul (Disposal/Processinq Cost not included) Compactor Haul Rate (D isposal/Processing Cost not included) Roll Off Delivery Charge Roll Off Trip/Relocation Charqe Other Services "Hard to Service Fee" -Vehicle usage rate "Hard to Service Fee" -Bin movinq rate Scout Service Special Bin Lids (Lockinq/CBL) one-time fee Cleaning/Replacing Cart or Bin -One free per year Returned Check Credit Card Convenience Fee (Phone) Late Fee Extra Bag Pickup/Scheduled Day Extra Cart Pick-up/Scheduled Day Extra Cart Pick-up/Non-Scheduled Day Residential Cart Re-Delivery Fee Temporary Roll-Off Extra Day Fee (after 7 days) Commercial Bin Trip Charge Permanent Customer Rolloff Extra Day Fee (post 30 days, trash only) Solid Waste Bin Lockinq/Unlockinq Fee, per month Commercial Overaqe Fee Rates $ 75.97 $ 154.45 $ 231.70 $ 308.93 $ 363 .60 $ 108 .11 $ 155.25 $ 310 .38 $ 465.74 $ 620.82 $ 776.18 $ 193.39 $ 386.84 $ 580.24 $ 773.74 $ 967.10 $ 267 .57 $ 535.14 $ 95.00 $ 95.00 Case-By-Case Case-By-Case Case-By-Case $ 41.48 $ 41.48 $ 20.75 $ 6.91 $ 6.91 $ 4.44 $ 7 .35 $ 36 .81 $ 36.70 $ 13.92 $ 50.00 $ 13.96 $ 27.94 $ 70.00 Resolution No . 2024-4283 Page 8 Service Commercial Contamination Fee Redelivery and Reinstatement Residential Service Level Changes per request Move In/Move Out Additional Bulky Item Pickup Residential Contamination Residential Overage Rates $ 85.00 $ 35.87 $ 6.71 $ 22.44 $ 33.37 $ 40 .00 $ 20.00 Resolution No. 2024-4283 Page 9 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK SS . CERTIFICATION I, Ky Spangler, City Clerk of the City of Moorpark , California, do hereby certify under penalty of perjury that the foregoing Resolution No . 2024-4283 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th day of December , 2024 , and that the same was adopted by the following vote : AYES: NOES : ABSENT: ABSTAIN : Councilmembers Castro , Delgado, Groff, Means and Mayor Enegren None None None WITNESS my hand and the official seal of said City th is 5th day of December , 2024 . (seal)