HomeMy WebLinkAbout2011-06-07; City Council; 20574; EXTEND DEADLINE NOTICE OF USECITY OF CARLSBAD - AGENDA BILL 8
20,574AB#
MTG. 06/07/11
DEPT. Util
EXTEND THE DEADLINE FOR THE CITY TO
ISSUE NOTICE OF USE OF THE PALOMAR
TRANSFER STATION DURING THE
SUBSEQUENT OPERATING PERIOD
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER f[L
RECOMMENDED ACTION:
Adopt Resolution No. 2011-122 authorizing the extension of the deadline for the City of
Carlsbad ("City") to issue Palomar Transfer Station, Inc. ("Contractor") notice of intent to utilize the
PTS during the Subsequent Operating Period.
ITEM EXPLANATION:
The City currently has an agreement ("Agreement") with the Contractor to dispose of the City's solid
waste at the Palomar Transfer Station ("PTS"). This agreement includes a 10-year Initial Operating
Period, which is set to expire on May 31, 2012, where all solid waste generated within the City must
be disposed of through the PTS. The City has the option of extending the Initial Operating Period by
three (3) year terms, otherwise the agreement will fall into a stage know as the Subsequent Operating
Period.
The Subsequent Operating Period gives the City a choice to send some, all or none of its solid waste
to the PTS. In order to utilize the PTS during the Subsequent Operating Period, section 6.03 of the
Agreement requires the City to provide one (1) year advanced written notice to the Contractor stating
how much (if any) solid waste will be taken to the PTS.
On March 29, 2011, at a City Council workshop, City Staff ("Staff") presented the City Council with
options related to solid waste services, including the use of the PTS. Staff received direction at the
workshop to work with the solid waste hauler and the Contractor to discuss options for solid waste
services. The Contractor and solid waste hauler agreed to provide proposals related to solid waste
services for Staff and City Manager consideration. In order to have sufficient time to consider the
options to either extend the Initial Operating Period or utilize the Subsequent Operating Period, Staff
and the Contractor would like to extend the deadline for the City to issue the Contractor notice of
intent to utilize the PTS during the Subsequent Operating Period to 5 p.m. on December 2, 2011.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and therefore
does not require environmental review.
DEPARTMENT CONTACT: Craig Schmollinger 760-602-7502 Craig.Schmollinqer@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION:APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES D
Page 2
FISCAL IMPACT:
Staff will be analyzing all proposals and options for utilizing the PTS. In doing so, Staff will be able to
identify either cost savings or additional costs with the available options that will be presented for
further consideration.
EXHIBITS:
1. Resolution No. 2011-122 to extend the deadline for the city to issue notice of use of
the Palomar Transfer Station during the subsequent operating period.
2. Palomar Transfer Station, Inc. agreement.
1
RESOLUTION NO. 2011-122
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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OPERATING PERIOD.
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CARLSBAD, CALIFORNIA, TO EXTEND THE DEADLINE FOR
THE CITY TO ISSUE NOTICE OF USE OF THE PALOMAR
TRANSFER STATION DURING THE SUBSEQUENT
WHEREAS, the City of Carlsbad has an Agreement with Palomar Transfer Station, Inc.
for Transfer Station and Disposal Services; and
WHEREAS, the City is required by the Agreement to deliver all solid waste generated in
the City of Carlsbad for ten years ending on May 31, 2012, which is defined as the "Initial
Operating Period"; and
WHEREAS, section 6.03 of the Agreement provides that the City must give the
Contractor one year advance notice of the City's election to send some, all or none of the City's
solid waste to the PTS during the Subsequent Operating Period, and to provide estimates
regarding such waste deliveries; and
WHEREAS, the City and Contractor wish to continue their ongoing discussions
regarding an extension of the Initial Operating Period or, alternatively, for the City to elect to send
17 some, all or none of the City's solid waste to the PTS during the Subsequent Operating Period
18 should that period commence on June 1, 2012, and, to assist these discussions, both Parties wish
1Q to extend the City's deadline to make its election to provide the written notice described in Section
20 6.03 to Contractor.
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
22 California, as follows:
23 1. That the above recitations are true and correct.
24 2. That the City Council authorizes the amendment to the Agreement to extend the
25 deadline for the City to issue the Contractor notice of use of Subsequent Operating Period for the
oc
Palomar Transfer Station to 5 p.m. on December 2, 2011.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 7th day of June 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
MATT HALL, Mayor
RAINE M. WOOD, City Clerk
(SEAL)
First Amendment to Transfer Station and Disposal Services Agreement
This Amendment to the "Agreement for Transfer Station and Disposal Services,"
("Agreement") between the City of Carlsbad ("City") and Palomar Transfer Station, Inc.
("Contractor"), made as of June 2, 2002, is entered into between the City and Contractor
retroactively effective as of May 30, 2011. This Amendment is made in consideration of the
following Recitals:
Recitals
WHEREAS, section 6.03 of the Agreement provides that the City must give the
Contractor one year advance notice of the City's election to send some or all of the City's waste
to the PTS during the Subsequent Operating Period, and to provide details regarding such
waste deliveries; and
WHEREAS, the City and Contractor wish to continue their ongoing discussions
regarding an extension of the Initial Operating Period or, alternatively, for the City to elect to
send some or all of the City's waste to the PTS during the Subsequent Operating Period should
that period commence on June 2, 2012, and, to assist these discussions, both Parties wish to
extend the City's deadline to make its election to provide the written notices described in Section
6.03 to Contractor.
Amendment
NOW, THEREFORE, in consideration of the foregoing Recitals and for the receipt of
other good and valuable consideration, which both Parties hereby acknowledge, the Parties
agree as follows:
The deadlines for the City to deliver (in accordance with Section 16.10 of the Agreement,
entitled "Notices") written notice to Contractor of the City's election to send some or all of the
City's Waste to the PTS during the Subsequent Operating Period pursuant to Section 6.03, are
hereby extended to 5 pm on December 2, 2011.
All other terms and conditions of the Agreement shall remain in full force and effect.
CITY OF CARLSBAD
BY:
Matt'Hall, Mayor
DATE:/'
PALOMARTRANSFERSTATION, INC.