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HomeMy WebLinkAboutResolution 2009-046 N.C.S. 04/20/2009 Resolution No. 2009-046 N.C.S. of the City of Petaluma, California APPROVING A FIFTH AMENDMENT TO THE AGREEMENT WITH SONOMA COUNTY WASTE MANAGEMENT AGENCY TO PROVIDE PETALUMA CITIZENS CONTINUED USE OF THE COUNTY'S CENTRAL DISPOSAL SITE FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND OTHER AB 939 REQUIRED SERVICES WHEREAS, in conformance with AB 939 waste diversion requirements, the City of Petaluma promotes safe and proper disposal of household hazardous waste as an important component of its waste management program; and, WHEREAS, when the City of Petaluma began hauling its garbage outside of the County, it entered into an agreement with the Sonoma County Waste Management Agency (herein referred to as Agency) that, in return for a yearly fee, Petaluma residents would have continued use of the County's Household Hazardous Waste Facility; and, WHEREAS, the Household Hazardous Materials Facility Use Agreement (herein referred to as Agreement), dated January 1, 2005, was subsequently amended on January 1, 2006, to extend the terms to the end of FY 07 (June 30, 2006); a second amendment, dated July 1, 2006, extended the terms for one year and added additional Agency surcharge-funded services; a third amendment, dated July 1, 2007, extended terms for one year and revised the method of calculating compensation amounts, based on the previous year's actual tonnage of solid waste disposed by the City's contracted hauler during the previous year; and a fourth amendment extended the Agreement for Petaluma's participation in the Household Hazardous Waste Program and other Agency services for an additional twelve (12) months, until June 30, 2009, and to adjust compensation; and, WHEREAS, a fifth amendment is proposed to extend the Agreement for Petaluma's participation in the Household Hazardous Waste Program and other Agency services for an additional twelve (12) months, until June 30, 2009, and to adjust compensation; and, Resolution No. 2009-046 N.C.S. Page 1 WI~EREAS, during the term of the fifth amendment, Petaluma will continue to provide monthly tonnage reports to the Agency for the purpose of AB 939 reporting, and for calculation of subsequent compensation amounts, calculated using the tipping fee surcharge applied to the actual tonnage of solid waste disposed during the prior year by the City's franchised waste hauler, Green Waste Recovery, Inc., with payments to be made to the Agency by Petaluma on a quarterly basis; and, WHEREAS, the amount of the proposed fifth amendment is $157,723 for FY 09-10, based upon. a $5.40/ton tipping fee surcharge placed on 29,208 tons. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby authorizes the City Manager to enter into a fifth amendment to the Household Hazardous Materials Facility Use Agreement, dated January 1, 2005, with the Sonoma County Waste Management Agency, to allow the City of Petaluma's participation in Sonoma County Waste Management Agency's AB 939 services, including disposal of household hazardous waste, for a period of one year from July 1, 2009, to June 30, 2010, at a cost not to exceed $157,723, to be paid on a quarterly basis from refuse collection rates. During the term of the fifth amendment, the City of Petaluma will continue to provide monthly tonnage reports to the Agency for the purpose of AB 939 reporting, and for calculation of subsequent compensation amounts. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the p ved s to Council of the City of Petaluma at a Regular meeting on the ?0`~ day of April, 2004, r by the following vote: City etorney AYES: Vice Mayor Barrett, Glass, Harris, Healy. Babbitt. Renee, Mayor Torliatt NOES: None ABSENT: Nonc ~ ABSTAIN: None Al"TEST: ~ City Clerk May~'r Resolution No. 2009-046 N.C.S. Page 2