HomeMy WebLinkAboutAGENDA REPORT 2014 1105 CCSA REG ITEM 10E ITEM 10.E.
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City Council Me'ting
MOORPARK CITY COUNCIL ACTION.° '
AGENDA REPORT
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TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director 1�'
Prepared by: Shaun Kroes, Senior Management Analyst
DATE: October 17, 2014 (CC Meeting of 11/05/14)
SUBJECT: Consider Amendment to the Local Street Access Agreement between
the City of Moorpark and Waste Management of California Doing
Business As the Simi Valley Landfill and Recycling Center
BACKGROUND
In 1998, the City of Moorpark (City) entered into an agreement with Waste Management
(WM) of California, doing business as the Simi Valley Landfill and Recycling Center
(Landfill), with the understanding that the Landfill would accept all discarded material from
the City and in consideration of increased vehicle usage of City streets due to the transport
of Moorpark discards to the Landfill, WM would, in turn, compensate the City by paying a
monthly local street access fee. This original 1998 Agreement was amended in 1999,
extending the term to June 27, 2004. In 2003, Amendment No. 2 extended the Agreement
an additional five (5) years, to June 30, 2009.
In 2009, the City Council approved Amendment No. 3,which extended the Agreement from
June 30, 2009 to June 30, 2014. In addition, Amendment No. 3 revised the fee calculation
method and amount of the Local Street Access Fees levied upon the Landfill. Amendment
No. 3 adjusted the Local Street Access Fee such that, beginning January 1, 2010, the base
rate of$2.50 per ton would be used to calculate the Fiscal Year Local Streets Access Fee
for calendar year 2010. To this base rate was added the September to September
Consumer Price Index (CPI)adjustment(All Urban Consumers, Los Angeles County, less
shelter) percentage calculated at 86.00% (this is the same CPI formula used during the
annual solid waste rate adjustment) up to a maximum increase of 3.00% annually. In the
event that the September to September calculated CPI decreased, the Local Street Access
Fee would remain at the current calculated rate until such time as the next annual indexing
results in a CPI increase. The new calculated 2010 fee was then used in January 2011 to
calculate the calendar year rate for 2011 and so on. In summary, each time the CPI factor
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Honorable City Council
November 5, 2014
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increases so does the Local Streets Access Fee and if the CPI decreases the fee remains
at the highest calculated rate to date until the CPI factor increases again (the 2014 Local
Street Access Fee is $2.65 per ton).
On May 21, 2014, the City Council approved Amendment No. 4, which extended the
Agreement from July 1, 2014 until December 31, 2014. The six month extension was
intended to match the Agreement with the current solid waste franchise agreements.
DISCUSSION
The City Council is being requested to approve an amendment to the Agreement with WM,
extending the Agreement for an additional six (6) months (from December 31, 2014 until
June 30, 2015). The six (6) month extension matches the extension of the current solid
waste franchise agreements being considered by a separate item at this same City Council
meeting. It is anticipated that future adjustments to the franchise agreements may create
the need for future adjustments to the WM Agreement.
FISCAL IMPACT
The Local Street Access Fee currently generates approximately $50,000 in general fund
revenue annually. Approving the renewal of the Agreement will ensure the continuation of
this revenue.
STAFF RECOMMENDATION
1. Approve Amendment No. 5 to the Waste Management Agreement for Local Access
Fees subject to final language approval by the City Manager and City Attorney.
Attachment: Amendment No. 5
S:\Public Works\Everyone\Reports\Stalf Reports\2014\November\11-5-2014 (Landfill Agmt Amendment 5) doc
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AMENDMENT NO. 5
LOCAL STREET ACCESS AGREEMENT
WASTE MANAGEMENT OF CALIFORNIA
THIS AMENDMENT NO. 5 TO LOCAL STREET ACCESS AGREEMENT, made and
entered into this day of , 2014, by and between the City of
Moorpark, a municipal corporation located in the County of Ventura, State of California,
hereinafter referred to as "City" and Waste Management of California, OBA the Simi Valley
Landfill and Recycling Center hereinafter referred to as "WM'', as an amendment to the
Local Street Access Agreement between the City and WM dated April 1, 1998.
WITNESSETH
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 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 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 Access Agreement for an additional six (6) month period extending the
Agreement until December 31, 2014; and
WHEREAS, the City and WM mutually agree, with Amendment No. 5, to further
extend the term of the Local Street Access Agreement to June 30, 2015.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree to amend the aforesaid 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 June 30, 2015, unless sooner terminated."
II. Other Provisions:
All other provisions of the Agreement shall remain in full force and effect.
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City of Moorpark
Local Street Access Agreement
Amendment 5, Page 2 of 2
In WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to
be executed by their duly authorized officers the day and year first above written.
CITY OF MOORPARK: WASTE MANAGEMENT:
Steven Kueny, City Manager Scott Tignac, District Manager
ATTEST:
Maureen Benson, City Clerk
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