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Home My WebLink AboutAGENDA REPORT 2025 0205 CC REG ITEM 10CCITY OF MOORPARK, CALIFORNIA City Council Meeting of February 5, 2025 ACTION APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2025- 4295. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. C. Consider Resolution Approving Amendment No. 17 to Local Street Access Agreement between the City and Waste Management of California, Inc., Doing Business as Simi Valley Landfill and Recycling Center, to Extend the Term to December 31, 2036. Staff Recommendation: 1) Adopt Resolution No. 2025-4295, authorizing Amendment No. 17 to the Local Street Access Agreement between the City of Moorpark and Waste Management of California, Inc. doing business as the Simi Valley Landfill and Recycling Center; and 2) Authorize the City Manager to sign the Amendment No. 17, subject to final language approval by the City Manager. (Roger Pichardo, Program Manager) (ROLL CALL VOTE REQUIRED) Item: 10.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Roger Pichardo, Program Manager DATE: 02/05/2025 Regular Meeting SUBJECT: Consider Resolution Approving Amendment No. 17 to Local Street Access Agreement between the City and Waste Management of California, Inc., Doing Business as Simi Valley Landfill and Recycling Center, to Extend the Term to December 31, 2036 BACKGROUND AND DISCUSSION In 1998, the City of Moorpark entered into a Local Street Access Agreement (LSAA) with Waste Management of California, Inc. (WM), which operates the Simi Valley Landfill and Recycling Center. The LSAA states that the landfill will accept all of Moorpark’s waste, and in return, WM will pay the City a monthly fee to compensate for the extra traffic on City streets caused by the trucks transporting waste. Since 1998, the LSAA has been extended 16 times to match the length of the City’s Solid Waste Agreement, which is set to end in 2036. The proposed Amendment No. 17 would extend the LSAA until December 31, 2036, a change with which WM has concurred, as confirmed by way of the attached WM correspondence. This confirms their cooperation to formalize the LSAA amendment and ensure all terms are met. This extension will align with the new Solid Waste Agreement approved by the City Council on December 4, 2024. In 2017, the City and WM signed a Memorandum of Understanding (MOU) to lay out the key points of the new WM Contract. Additionally, this MOU included an agreement to extend the LSAA to align with the term of the Solid Waste Franchise Agreement, ensuring the City continues to be compensated for the wear and tear on City streets caused by waste trucks transporting waste. In 2025, the fee is $3.13 per ton of waste taken to the landfill. The fee is adjusted annually based on inflation, with the next increase set for January 1, 2026. Item: 10.C. 125 Honorable City Council 02/05/2025 Regular Meeting Page 2 ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT The Local Street Access Fee currently generates approximately $60,000 in General Fund revenue annually. Approving Amendment No. 17 of the Agreement will ensure the continuation of this revenue source. Not extending the Agreement would result in the loss of this revenue. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1.Adopt Resolution No. 2025-____, authorizing Amendment No. 17 to the Local Street Access Agreement between the City of Moorpark and Waste Management of California, Inc. doing business as the Simi Valley Landfill and Recycling Center; and 2.Authorize the City Manager to sign the Amendment No. 17, subject to final language approval by the City Manager. Attachment 1: Draft Resolution No. 2025-____ Attachment 2: Draft Amendment No. 17 for Local Street Access Agreement Attachment 3: WM Correspondence 126 ATTACHMENT 1 RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING AMENDMENT NO. 17 TO THE LOCAL STREET ACCESS AGREEMENT BETWEEN THE CITY OF MOORPARK AND WASTE MANAGEMENT OF CALIFORNIA, INC., DOING BUSINESS AS THE SIMI VALLEY LANDFILL AND RECYCLING CENTER, TO EXTEND THE TERM TO DECEMBER 31, 2036 WHEREAS, Waste Management of California, Inc. (“Waste Management”) operates the Simi Valley Landfill and Recycling Center (“Landfill”); and WHEREAS, the City has the authority and intent to direct solid waste franchisees to dispose of refuse collected in the City at the Landfill; and WHEREAS, the Landfill receives refuse from other haulers serving Ventura and Los Angeles Counties, in addition to refuse collected in the City; and WHEREAS, the foregoing-described patronage of the Landfill will cause increased usage of certain streets within the City; and WHEREAS, Waste Management wishes to fairly compensate the CITY for the increased usage of certain streets within the City during the term of this Agreement; and WHEREAS, on April 1, 1998, the City and Waste Management entered into a one-year Local Street Access Agreement; and WHEREAS, on March 3, 1999, the City and Waste Management extended the term of the Local Street Access Agreement to June 27, 2004; and WHEREAS, on October 15, 2003, the City and Waste Management extended the term of the Local Street Access Agreement to June 30, 2009; and WHEREAS, on July 21, 2009, the City and Waste Management extended the term of the Local Street Access Agreement to June 30, 2014, and amended the calculation of the Local Street Access Fee; and WHEREAS, the City and Waste Management further extended the term of the Local Street Access Agreement to June 30, 2018, through a series of twelve subsequent time extensions between 2014 and 2017; and WHEREAS, the City Council declares its intention to further extend the term of the Local Street Access Agreement to June 30, 2030, to be coterminous with the City’s Solid Waste Franchise Agreements. 127 Resolution No. 2025- Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Local Street Access Agreement, Section 3, Term, shall be amended to read, in its entirety: “3. Term. The term of this AGREEMENT commences on March 2, 1998, and ends on December 31, 2036, unless sooner terminated.” SECTION 2. With the exception of the change to the above noted document, all other provisions contained in the Local Street Access Agreement shall remain in full force and effect. SECTION 3. The City Manager is authorized to execute the above noted amendment to the Local Street Access Agreement. SECTION 4. The City Clerk shall certify to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 5th day of February, 2025. Chris R. Enegren, Mayor ATTEST: Ky Spangler, City Clerk 128 AMENDMENT NO. 17 LOCAL STREET ACCESS AGREEMENT WASTE MANAGEMENT OF CALIFORNIA, INC., DOING BUSINESS AS THE SIMI VALLEY LANDFILL AND RECYCLING CENTER This Amendment No. 17 to the Local Street Access Agreement, dated April 1, 1998, between the City of Moorpark, a municipal corporation (“City”), and Waste Management of California, Inc., a corporation doing business as the Simi Valley Landfill and Recycling Center and hereinafter referred to as “WM”, is made and entered into this ___ day of ____________________, 2025. RECITALS WHEREAS, on April 1, 1998, the City and WM entered into a one (1) year Agreement for Local Street Access; and WHEREAS, on March 3, 1999, the City and WM entered into Amendment No. 1 to the Agreement extending the term until June 27, 2004; and WHEREAS, on October 15, 2003, the City and WM entered into Amendment No. 2 to the Local Street Access Agreement for an additional five (5) year period extending the Agreement until June 30, 2009; and WHEREAS, on July 21, 2009, the City and WM entered into Amendment No. 3 to the Local Street Access Agreement for an additional five (5) year period extending the Agreement until June 30, 2014; and WHEREAS, on June 6, 2014, the City and WM entered into Amendment No. 4 to the Local Street Access Agreement for an additional six (6) month period extending the Agreement until December 31, 2014; and WHEREAS, on December 9, 2014, the City and WM entered into Amendment No. 5 to the Local Street Access Agreement for an additional six (6) month period extending the Agreement until June 30, 2015; and WHEREAS, on June 3, 2015, the City and WM entered into Amendment No. 6 to the Local Street Access Agreement for an additional six (6) month period extending the Agreement until December 31, 2015; and WHEREAS, on November 18, 2015, the City and WM entered into Amendment No. 7 to the Local Street Access Agreement for an additional three (3) month period extending the Agreement until March 31, 2016; and WHEREAS, on March 16, 2016, the City and WM entered into Amendment No. 8 to the Local Street Access Agreement for an additional three (3) month period extending the Agreement until June 30, 2016; and ATTACHMENT 2 129 Page 2 WHEREAS, on June 1, 2016, the City and WM entered into Amendment No. 9 to the Local Street Access Agreement for an additional six (6) month period extending the Agreement until December 31, 2016; and WHEREAS, on October 5, 2016, the City and WM entered into Amendment No. 10 to the Local Street Access Agreement for an additional six (6) month period extending the Agreement until June 30, 2017; and WHEREAS, on June 30, 2017, the City and WM entered into Amendment No. 11 to the Local Street Access Agreement for an additional three (3) month period extending the Agreement until September 30, 2017; and WHEREAS, on September 30, 2017, the City and WM entered into Amendment No. 12 to the Local Street Access Agreement for an additional one (1) month period extending the Agreement until October 31, 2017; and WHEREAS, on October 31, 2017, the City and WM entered into Amendment No. 13 to the Local Street Access Agreement for an additional two (2) month period extending the Agreement until December 31, 2017; and WHEREAS, on December 27, 2017, the City and WM entered into Amendment No. 14 to the Local Street Access Agreement for an additional three (3) month period extending the Agreement until March 31, 2018; and WHEREAS, on March 30, 2018, the City and WM entered into Amendment No. 15 to the Local Street Access Agreement for an additional three (3) month period extending the Agreement until June 30, 2018; and WHEREAS, on July 1, 2018, the City and WM entered into Amendment No. 16 to the Local Street Access Agreement for an additional twelve (12) year period extending the Agreement until June 30, 2030; and WHEREAS, the City and WM mutually agree, with Amendment No. 17, to further extend the term of the Local Street Access Agreement to December 31, 2036. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I.Section 3, Term, shall be amended to read, in its entirety, as follows: “3. Term. The term of this AGREEMENT commences on March 2, 1998, and ends on December 31, 2036, unless sooner terminated.” II.Other Provisions: All other provisions of the Agreement shall remain in full force and effect. 130 Page 3 In Witness whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK WASTE MANAGEMENT OF CALIFORNIA, INC., dba the SIMI VALLEY LANDFILL AND RECYCLING CENTER _______________________________ _______________________________ Troy Brown City Manager Mike Hammer President Attest: _______________________________ Ky Spangler, City Clerk 131 WM 195 W Los Angeles Avenue Simi Valley, CA 93065 Justin Honsinger ATTACHMENT 3 132