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HomeMy WebLinkAbout1997-05-27; City Council; Resolution 97-4630 0 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 RESOLUTION NO. 97-463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONSENTING TO THE TRANSFER OF STOCK OF COAST WASTE MANAGEMENT TO USA WASTE SERVICES, INC. WHEREAS, Coast Waste Management, Inc. ("Coast Waste Management") locally owned and operated waste services company which has for many y provided solid waste services to Carlsbad and its residents and businesses pursua that certain REFUSE AND RECYCLABLES COLLECTION SERVICES CONTR dated August 1991 (the "Contract"), a copy of which is on file in the Office of the Clerk; and WHEREAS, said contract was entered into in August of 1991 between the and Coast Waste Management for an original 19 month term, with year-to- extensions thereafter, and with an extension from February 28, 1997, to April 30, 1 an extension again to May 31, 1997, and an extension to June 30, 1997, with contract scheduled to terminate on the close of business June 30, 1997; and WHEREAS, Coast Waste Management has proposed a stock transfer with Waste as set forth in the materials on file herein provided by Coast Waste Managel and USA Waste and as addressed in the staff report and in the report of the ( outside consultant, Hilton, Farnkopf, & Hobson, and said stock transfer requires consent of the City pursuant to the terms of said contract; and WHEREAS, Coast Waste Management and USA Waste understand that the contract rights existing expire on June 30, 1997 unless Carlsbad, in its sole discre determines to further extend the contract; and I I 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 0 0 WHEREAS, the City Council has duly considered the request of Coast v\ Management and of USA Waste for approval of the proposed stock transfer, has considered the staff report and recommendation, and has duly considered the re analysis, and recommendation of the outside consulting firm of Hilton, Farnkc Hobson; and WHEREAS, this action is exempt from CEQA because it can be seen certainty that there is no possibility of a significant environmental effect resulting consent to the stock transfer because the same waste service activities will con whether or not the stock transfer is approved, as only the operator and contracting will change; and WHEREAS, this matter was duly considered at a public meeting of the Council held on May 27, 1997, at which Coast Waste Management, USA Waste, interested members of the public were heard and at which City staff and the ( outside consultant were present to answer questions and make their reports; and WHEREAS, having considered all of the information on file herein, representations and assurances of Coast Waste Management and USA Waste public comments received at the public meeting, and the reports of the staff and ou consultant, the City Council finds, subject to the terms and conditions hereof, approval of the stock transfer is consistent with the above-referenced contract and furtherance of the public health, safety, and general welfare; and WHEREAS, the City Council further finds that, subject to the terms conditions hereof, Coast Waste Management under its new ownership by USA VI -2- 0 0 1 2 can and will provide good quality service to the City and its residents and busines: reasonable rates. 3 4 NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS: c II J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The foregoing recitals are true and correct. 2. Consent to Stock Transfer. Pursuant to section 12.0 of the REFUSE AND RECYCLABLES COLLEC SERVICES CONTRACT dated August 1991 as extended through June 30, 199 City Council hereby grants its consent to the stock transfer between Coast \ Management and USA Waste resulting in the ownership of Coast Waste Managt by USA Waste, in conformance with and in reliance on the representations of Waste Management and USA Waste on file herein and subject to the foll conditions which the City Council finds and determines are necessary to (1) ensur the level of service to Carlsbad and its residents and businesses is not allovl decline; (2) ensure that the cost to ratepayers does not increase as a result of the transfer; (3) ensure that there is a clear understanding on the part of all parties th rights under the contract expire on June 30, 1997, unless further extended in thc discretion of Carlsbad; (4) ensure that the public health, safety, and general welfa protected: a. The Contract Term; Termination. The rights of Coast Waste Management under its new ownership b! Waste pursuant to Resolution are limited to the rights set forth in the above-refer REFUSE AND RECYCLABLES COLLECTION SERVICES CONTRACT as extc -3- 0 0 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 through June 30, 1997, and Coast Waste Management and USA Waste represented to Carlsbad that they understand, acknowledge, and agree that nc Coast Waste Management nor USA Waste has any rights under said contract, ex1 or implied, extending beyond June 30, 1997. Coast Waste Management and Waste have further represented to Carlsbad that they understand, acknowledge, agree that Carlsbad, in its sole discretion, may or may not determine to extend contract beyond June 30, 1997, and that Carlsbad has made no represent: express or implied, that it will extend said contract beyond June 30, 1997. Coast V Management and USA Waste have further represented to Carlsbad that understand, acknowledge, and agree that unless extended in writing all rights 1 said contract shall automatically expire effective June 30, 1997. b. Possible Longer Term Agreement; Possible New Franchise. Carlsbad, Coast Waste Management, and USA Waste have preliminary discussions about the possibility of negotiating a longer term cor relationship and about the possibility of revising the terms of the contract. Coast VI Management and USA Waste have represented to Carlsbad that they undersl acknowledge, and agree that no promise in this regard has been made by Carls express or implied, and that such discussions about a longer term relationship at revisions to the contract may or may not occur in the future. Coast Waste Managel and USA Waste have further represented to Carlsbad that they acknowk understand, and agree that any such discussions which may have occurred in the or which may occur in the future, have not and will not alter the fact that, ur extended by Carlsbad as provided herein, all contract rights in Coast v\r Management and USA Waste will expire as of June 30, 1997. -4- 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 0 0 C. Service to Customers. In adopting this Resolution, the City Council acknowledges that ( Waste Management has, historically, provided good service to Carlsbad ar residents and businesses under the above-referenced contract, and Carlsbad ex1 and will insist that the customer services provided by Coast Waste Management I its new ownership by USA Waste will continue to provide as good or better servi customers. d. Financial and Other Reporting. In adopting this Resolution, the City Council acknowledges that C Waste Management has, from time to time in the past, been deficient in its finz reporting and other permitting and reporting obligations under the contrac distinguished from its delivery of services to customers. In adopting this Resolutior City Council is relying on the representations of Coast Waste Management and Waste that Coast Waste Management, under its new USA Waste ownership improve reporting and eliminate such deficiencies in the future by providing all fina and other reports required by the contract in a timely manner. e. Rates. In adopting this Resolution, the City Council relies on the representai understanding, acknowledgment, and agreement of Coast Waste Management USA Waste that there will be no request for an increase in rates as a result of the : transfer and change in ownership of Coast Waste Management. Further, the Council relies on the representations, understanding, agreement, and acknowledgl -5 - 0 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 of Coast Waste Management and USA Waste that, in the event that Carlsbad i discretion determines to extend the existing contract beyond June 30, 1997, there be no request for rate increases prior to June 1, 1998, except (1) periodic request increases in conformance with an accepted inflation index; (2) requests to pass thrc any increase in landfill disposal charges; (3) requests to pass through any increa: taxes or fees directly applicable to the performance of services under the contrac (4) reflecting other significant and unforeseen cost increases which the City Co reasonably determines are beyond the control of Coast Waste Management ar USA Waste. Coast Waste Management and USA Waste represent, underst acknowledge, and agree that the foregoing restrictions on rate increases shall 2 notwithstanding any provisions of section 6.0 of the above-referenced contract tc contrary. PASSED AND ADOPTED THIS 27th DAY OF May , 1997, BY THE FOLLOWING VOTE: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ABSTAl N: None CLAUDE E~LEWIS, MAYOR ATTEST: - ?? ~ ALETHA L. RAUT -6-