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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 3 7 8 9 10 11 12 13 14 4 u OPERATING PERIOD. 5 6 28 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. 27 " 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.