HomeMy WebLinkAboutAGENDA REPORT 2013 0605 CCSA REG ITEM 10I ITEM 10.1.
City Councii h4eeting
ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
Prepared by: Teri Davis, Senior Management Analy t
DATE: May 24, 2013 (CC Meeting of 06/05/13)
SUBJECT: Consider Resolution Amending the City of Moorpark Franchise
Agreements with G.I. Industries and Moorpark Rubbish Disposal, for
both Residential and Commercial Solid Waste Services, and Authorize
the City Manager to Execute the Amendments to the Agreements to
Extend Term to December 31, 2013
BACKGROUND
In December, 2010, the City Council (Council) approved the extension of the Franchise
Agreements with both G.I. Industries and Moorpark Rubbish Disposal (Franchise
Agreements) for six months from their expiration date of December 20, 2010, to June 30,
2011, and in May, 2011, the Council again approved by resolution the extension of the
Franchise Agreements for an additional six months from June 30, 2011, to December 31,
2011. On December 7, 2011, Council extended the term by another two months to expire
on February 29, 2012, and on February 1, 2012, Council extended the term by an
additional two months to expire on April 30, 2012. On April 18, 2012, Council again
extended the term by an additional five months to expire on September 30, 2012, and on
July 18, 2012, Council extended the term by an additional three months to expire on
December 31, 2012. On December 5, 2012, Council again extended the term by an
additional six months to expire on June 30, 2013. The Franchise Agreements allow annual
rate adjustments to be effective on January 1 however; no adjustments have been
approved since January 1, 2011.
DISCUSSION
Council is being asked to consider amending the Franchise Agreements, to extend the
Agreements for an additional six months through December 31, 2013, so that City Staff
can continue to negotiate terms of the Franchise Agreements including options for
additional service enhancements. Council is also being asked to defer consideration of the
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Honorable City Council
June 5, 2013
Page 2
annual rate adjustment for the same period.
FISCAL IMPACT
No fiscal impact.
STAFF RECOMMENDATION
1. Adopt Resolution No. 2013 - Amendment to City of Moorpark Franchise
Agreements between the City of Moorpark and G.I. Industries and the City of Moorpark
and Moorpark Rubbish Disposal for Providing Commercial Solid Waste and Recycling
Services and Residential Solid Waste and Recycling Services to Extend Term to
December 31, 2013.
2. Authorize the City Manager to execute the amendments to the Franchise Agreements
subject to final language approval of the City Manager and City Attorney.
Attachment A— Draft Resolution
SAPublic Works\Everyone\Reports\Staff Reports\2013\June\06-05-2013(Franchise SW Agmt Extension).doc 476
Attachment A
RESOLUTION NO. 2013 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FRANCHISE
AGREEMENTS BETWEEN THE CITY OF MOORPARK
AND G.I. INDUSTRIES AND THE CITY OF MOORPARK
AND MOORPARK RUBBISH DISPOSAL FOR PROVIDING
RESIDENTIAL SOLID WASTE SERVICES AND
COMMERCIAL SOLID WASTE SERVICES TO EXTEND
TERM TO DECEMBER 31 , 2013
WHEREAS, the City provides residential and commercial solid waste and
recycling collection services; and
WHEREAS, on September 18, 2002, the City Council granted two exclusive
Franchise Agreements with G.I. Industries and two exclusive Franchise Agreements
with Moorpark Rubbish Disposal for the collection, transportation, recycling, and
disposal of residential solid waste and commercial solid waste in designated areas
within the City limits; and
WHEREAS, the Franchise Agreements included an expiration date of December
31, 2010, with an option to extend the term for up to an additional two (2) years, and
Franchise Agreements were extended for six (6) months to June 30, 2011 with the
adoption of Resolution Numbers 2010-2977, 2010-2978, 2010-2979, and 2010-2980,
extended for another six (6) months to December 31, 2011 with the adoption of
Resolution Number 2011-3024, and extended again for two (2) months to February 29,
2012 with the adoption of Resolution Number 2011-3076, and extended again for
another two (2) months to April 30, 2012 with the adoption of Resolution Number 2012-
3085, and extended again for another five (5) months to September 30, 2012 with the
adoption of Resolution Number 2012-3102, and extended again for another three (3)
months to December 31 , 2012 with the adoption of Resolution Number 2012-3125; and
extended again for another six (6) months to June 30, 2013 with the adoption of
Resolution Number 2012-3147; and
WHEREAS, the Franchise Agreements state that annual rate adjustments shall
be effective each January 1 during the term of the Franchise Agreements, and
WHEREAS, the City Council declares its intention to further extend the term of
the Franchise Agreements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
477
Resolution No. 2013 -
Page 2
SECTION 1. The Franchise Agreements for Residential Solid Waste Services
and for Commercial Solid Waste Services, Section 2, shall be amended to include "The
collection services to be provided pursuant to this Agreement shall begin on October 1,
2002, and end on December 31, 2013, unless sooner terminated."
SECTION 2. The Franchise Agreements for Residential Solid Waste Services
and for Commercial Solid Waste Services, Exhibit G.A, shall be amended to include
"Consideration for the rate adjustment scheduled to be effective January 1, 2012 shall
be deferred until a date no later than December 31, 2013." With the exception of the
change to the above noted document, all other provisions contained in the Franchise
Agreements shall remain in full force and effect.
SECTION 3. This extension shall become effective upon execution of the
amendment by both parties.
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 June, 2013.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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