Agenda Item: 7
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: November 22, 2022
SUBJECT: APPROVAL OF A RESIDENTIAL CONTINUATION RIGHTS SOLID
WASTE SERVICE AGREEMENT FOR THE PROPOSED
ANNEXATION AREA OF TESORO DEL VALLE
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council adopt a resolution approving an agreement for the continuation rights for residential solid waste collection for the Tesoro Del Valle annexed area of Santa Clarita; and approve and authorize the City Manager or designee to execute a continuation rights residential solid waste agreement with Burrtec Waste Industries, Inc., for the proposed annexation area of Tesoro Del Valle, subject to City Attorney approval.
BACKGROUND
The California Public Resources Code (PRC) governs the continuation of solid waste services after an annexation and grants the preexisting service provider the option to continue servicing the given area. This applies to the City of Santa Clarita’s (City) proposed annexation of Tesoro Del Valle, anticipated to be recorded in November 2022. Burrtec Waste Industries, Inc. (Burrtec), provides residential trash hauling service to the area, pursuant to their Exclusive Residential Franchise Agreement with Los Angeles County (County), which expires on October 31, 2025.
Burrtec has a right, pursuant to PRC Section 49520, to continue providing residential service to the Tesoro Del Valle area for the remainder of the term of the Exclusive Residential Franchise Agreement with the County or the duration of five years, whichever is less. In the attached letter, dated August 30, 2022, Burrtec indicated that it will exercise this right.
If approved, the proposed Residential Continuation Rights Agreement for the Tesoro Del Valle area will commence December 1, 2022, and remain in effect until October 31, 2025. After that time, the City’s future exclusive residential provider, Burrtec, will assume responsibility of services under the recently adopted Santa Clarita Franchise Agreement, which will take effect on
July 1, 2023. Other important conditions of the proposed Residential Continuation Rights Agreement include the following:
• A requirement that Burrtec provide a transition plan six months prior to the termination of the Continuation Rights Agreement, detailing how residents will be notified of the change of services in accordance to the newly adopted Santa Clarita Franchise Agreement with Burrtec; and
• Permission for Burrtec to commingle residential routes in the newly annexed area with the adjacent unincorporated areas until the newly adopted Santa Clarita Franchise Agreement takes effect. Burrtec will be required to use standard industry practices to accurately allocate disposal tonnages to each jurisdiction. This is necessary to ensure the City is only credited for residential waste generated within its boundaries.
The recommended action is exempt from California Environmental Quality Act (CEQA) in that adoption of the existing franchise agreement, within the newly annexed areas, will not result in any change to the environment, in accordance with Section 15061(b)(3). Therefore, no further consideration under CEQA is required.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
The City will receive additional Solid Waste Franchise revenues of approximately $42,000 annually as a result of the annexation of the Tesoro Del Valle area.
ATTACHMENTS
Resolution
Burrtec Continuation Rights Request Letter
Continuation Rights Agreement (available in the City Clerk's Reading File)