HomeMy WebLinkAboutResolution - 3810COUNTYSTATE OF CALIFORNIA) RESOLUTION NO. 3811
OF RIVERSIDE)
CITY OF SAN O.
1 ► ► �3ii# 't3_1 faZ� . i7rk1091►T;Z67:7_>19:4i7
WHEREAS, the City of San Jacinto recognizes that the proper collection
and disposal of all solid waste created, produced or brought into the City is a
significant health and safety issue; and
WHEREAS, CITY and CONTRACTOR entered into a certain Agreement
for the Collection and Handling of Solid Waste dated March 17, 2005 (the "2005
Franchise Agreement"); and
WHEREAS, CITY and CONTRACTOR entered into a certain First
Amendment to the Franchise Agreement between The City of San Jacinto and
CR&R Incorporated dated April 15, 2010 (the "First Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Second
Amendment to the Franchise Agreement between The City of San Jacinto and
CR&R Incorporated dated December 17, 2012 (the "Second Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Third
Amendment to the Franchise Agreement between The City of San Jacinto and
CR&R Incorporated dated January 3, 2017 (the "Third Amendment"); and
WHEREAS, Section 15F of the 2005 Franchise Agreement provides that
any amendment thereto must be in a written form duly executed by the parties in
order to be valid; and
WHEREAS, CITY and CONTRACTOR desire to amend their 2005
Franchise Agreement, their 2010 First Amendment, their 2012 Second
Amendment and their 2017 Third Amendment in order to provide for certain
service enhancements and address certain changes in the Bureau of Labor
Statistics indexes.
NOW, THEREFORE, in consideration of the foregoing, and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Section 7.a. Clean -Up Week of t 1
Agreementdeleted in its entirety. I
1
2. Section 6.b.i. "Residential Service - Single Unit Residential" of the
2005 Exclusive Franchise Agreement, Paragraph Number 3 is
hereby amendedas• •
Upon verbal or written customer request, made prior to 2:30 PM on the
weekday prior to CONTRACTOR'S normal weekly collection time,
CONTRACTOR shall provide on -call Single Unit Residential Bulky
Household Waste Collection Service. Bulky items shall be placed within
two (2) feet of the curb or other such location as agreed to by the
CONTRACTOR and the customer. CONTRACTOR and City agree that
this service is intended to allow residents to safely discard of large
household items such as furniture and whitegoods or other large
household items that do not fit on their regular weekly trash containers.
Each Single Unit Residential Customer shall be entitled to receive up to
four (4) on -call Bulky Household Waste Collection Services per calendar
year with a maximum of four (4) items at each collection occurrence. The
total amount of annual allowable items per household shall be sixteen (16)
Bulky Items per calendar year. Automobile tires shall be limited to four (4)
tires per collection request. Bulky Household Waste items do not include
items such as dirt, rock, sod, other inert or construction materials, motor
vehicles, motor vehicle parts, boats, campers, trailers or household
hazardous waste.
Between December 25th and January 15th, Contractor shall collect live
Christmas trees that are placed curbside for disposal. Trees shall have all
decorations and tree stands removed. When possible, trees taller than six
feet in length shall be cut in half. All trees shall be placed inside the green
waste collection container for collection whenever possible.
Section3. •Adjustmentof 00
AgreementFranchise • deleted in its entirety and
replaced as follows:
Franchise Agreement Inflationary Indices Rate Adjustments
Solid Waste Charges will be adjusted annually for inflation and to pass through
costs in wholesale service, commencing July 1, 2021, and any time thereafter
through and including July 1, 2025, as follows:
1. Service Component Formula:
a. Residential: (Solid Waste Charge x 85.5%) x 100% of the percentage
increase or decrease in the Bureau of Labor Statistics Consumer Price
Index for all Urban Consumers within the Riverside -San Bernardino -
Ontario, CA. areas during the prior calendar year (Series ID
CUURS49CSA0) ("CPI")
b. Commercial: (Solid Waste Charge x 79%) x CPI
2
a. Residential: (Solid Waste Charge x 14.5%) x 100% of the percentage
increase or decrease in the rates adopted by the County of Riverside
("County Rate Increase")
b. Commercial: (Solid Waste Charge x 21 %) x County Rate Increase
3. Commercial Organic Rates CPI Formula:
a. Service: (Service Component Rate x CPI)
b. Digester: (Digester Component Rate x County Rate Increase)
All other rates in the approved rate schedule of Solid Waste Charges including,
but not limited to, various fees and roll -off haul rates, shall also be adjusted by
100% of the change in the CPI. The comparison shall be made for each calendar
year (Annual Change) during the term thereof and shall be effective each July
1st. The pass -through adjustments are referred to collectively as the "Pass -
Through Adjustments."
The Pass -Through Adjustments shall be assumed for the five-year period
identified above so that annual increases effective July 1, 2021 through July 1,
2025 shall be automatic upon the 30-day notice required under Government
Code Section 53756(d). The Solid Waste Charges shall not increase by more
than 15% in any fiscal year as a result of the Pass -Through Adjustments.
• .. • - s ,. • • •
In addition to the Franchise Fee, Contractor shall pay the City an Annual
Payment of one hundred seventy-five thousand dollars ($175,000). The
initial annual payment shall be due and payable by January 1, 2013. Each
subsequent annual payment shall be due and payable each January 1st of
each calendar year throughout the term of this agreement. The first
adjustment to this annual payment shall not be considered until such time
as the City either has greater than 14,500 single family residential units or
January 1, 2020 whichever occurs first. No later than January 1, 2020 or
at the time when the City has greater than 14,500 single family units, and
on each January 1st of each subsequent year, the annual payment shall
be adjusted using the change in the Consumer Price Index (CPI) for all
Urban Consumers within the Riverside -San Bernardino -Ontario, CA.
areas. The CPI adjustment shall be equal to the amount derived by
multiplying (1) the previous Annual Payment by (2) the percentage
increase or decrease in the CPI as defined above during the prior
calendar year. This CPI comparison shall be made for the year over year
change from September to September of each calendar year.
WHEREAS, the City has duly noticed the property owners and rate payers
prior to 45 days of the public hearing in accordance with the noticing
requirements of Proposition 218 and California Constitution article 13D. Such
notice was delivered by regular U.S. mail to the property owners based on the
3
latest available county tax roll and each rate payer based each known postal
address. The City understands that not all property owners are users of the
service; and
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the
City Council of the City of San Jacinto, California, as follows:
1) Contractor is not in default of exclusive contract for collection and
disposal of solid waste and recycling services.
2) Increase all solid waste and recycling rates as determined by the Solid
Waste Recycling Rate Schedule for Billings after July 1, 2020, which is
hereby attached and a part of this resolution. Beginning on July 1,
2020, and each July 1 thereafter, the fees may be increased by the
City in accordance with this agreement
3) Establishment of solid waste rates in this resolution supersedes any
and all prior resolutions.
PASSED, APPROVED AND ADOPTED by the San Jacinto City
Council on the 16th day of June, 2020 by the following vote:
AYES: Kotyuk, Ledezma, Lopez, Utz, Ruiz
Nor-0
ABSTAIN:NAYS:
x
•
A"1Lq-=L-
Jyj Espinoza, Records Clerk Clerk
Best Best and Krieger, LLP
Michael J. Ma rer, City Attorney
F"Irr-TAT t
Andrew Kotyuk, Mayor
GI
STATE O CALIFORNIA)
I, Julia Espinoza, Records Clerk of the City of San Jacinto, California, do
hereby certify that the foregoing Resolution No. 3810 was passed, adopted and
approved at a regular meeting of the City Council of City of San Jacinto held on
the 16th day of June, 2020, by the following vote:
AYES: Kotyuk, Ledezma, Lopez, Utz, Ruiz
WITNESS SAY HAND AND OFFICIAL SEAL this 16th day of June, 2020.
Ju a spinoza, Records Clerk
City of San Jacinto
9