HomeMy WebLinkAboutCity Council Resolution 2142 RESOLUTION NO. 2142
RESOLUTION OF THE CITY COUNCIL OF TIiE CITY OF
SARATOGA APPRO¥ING AN AMENDMENT TO THE
FRANCHISE AGREEMENT WITH GREEN VALLEY DISPOSAL
COMPANY AND AUTHORIZING EXECIXrION THEREOF
WHEREAS, pursuant to Paragraph 6(c) of the Franchise Agreement
between the City of Saratoga and Green Valley 'Disposal Company, Inc., ("Green
Valley"), dated X~iarch 8, 1983, Green Valley requested an interim rate increase for
solid ~vaste collection service rendered to residential and commercial customers within
the City; and
WHEI~EAS, the request was reviewed by the Rate F. eview Committee
which thereafter submitted its recommendation to the Saratoga City Council; and
WHEREAS, on ~vlarch 21, 1984, the City Council adopted Resolution No.
2129 authorizing a temporary and interim rate increase, pending a final decision on
Green Valley's request; and
WHEREAS, upon further study of the request and consideration by the
parties of alternative rates and levels of service, City and Green Valley have agreed to
supplement and modify the Franchise Agreement as set forth in the Amendn~ent to
Franchise Agreement attached hereto as Exhibit "A" and made a part hereof.
NOW, THEREFORE, IT IS HEREBY I~ESOLVED by the City Council of the
City of Saratoga as follows:
1. The Amendment to Franchise Agreement in the form attached hereto
as Exhibit "A" is hereby approved.
2. The Mayor and City Clerk are hereby authorized and directed to
execute the Amendment to Franchise Agreement for and on behalf of the City of
Saratoga.
3. This Resolution supersedes Resolution No. 2129 and said .Resolution
No. 2129 is hereby rescinded and declared to be of no further force or effect.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 2nd day of May, 1984, by the following vote:
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AYES: Councilmembers Callon, Clevenger, Fanelli and Mayor Moyles
NOES: Councilmember Mallory
ABSENT: None .... ' .... -,, ~ .
AMENDMENT TO FRANCHISE AGREEMENT
AGREEMENT, made this 2nd day of l~1ay , 1984, by
and between the CITY OF SARATOGA, a municipal corporation (hereinafter referred
to as y , and GREEN VALLEY DISPOSAL COMPANY, INC., a California
"Cit ")
corporation (hereinafter referred to as "Green Valley").
WITNESSETH:
City and Green Valley entered into a written Franchise Agreement dated
March 8, 1983 (hereinafter referred to as the "Franchise Agreement").
Pursuant to Paragraph 6(c) of the Franchise Agreement, Green Valley
requested an interim rate increase and such request was reviewed by the l~ate Review
Committee which thereafter submitted its recommendation to the Saratoga City
Council.
Upon further study of the request and consideration of alternative rates
and levels of service, the parties have agreed to supplement and modify the Franchise
Agreement as hereinafter set forth.
NOW, THEREFORE, City and Green Valley agree as follows:
1. Green Valley shall provide residential and commercial solid waste
collection services within the City of Saratoga at the levels of service and rates
hereinafter set forth. The residential rates specified herein shall be effective from
May 1, 1984 through June 30, 1985. The commercial rates specified herein shall be
effective from March ], 1984 through June 30, 1985.
2. Following the execution of this Agreement, City shall promptly enact
such amendments to Chapter 7 of the Saratoga City Code as may be necessary or
appropriate in order to accomplish the following:
(a) Establishment of mandatory solid waste collection service for
both residential and commercial properties. With respect to
multi-family residential properties, each dwelling unit shall be
regarded as a separate residential customer unless service is
provided to the entire property at commercial rates.
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(b) F~stablishment of procedure for collection of Green Valley's
delinquent accounts through the imposition of liens against the
real property for wF~ich the service was rendered. The amount
of the lien, together with interest and penalties thereon, shall
be collected in the same manner as general ad valorem property
taxes. Collection costs owed to the County of Santa Clara shall
be paid first out of penalties and then out of interest to the
extent the penalty is insufficient to pay the total cost. Any
balance of the penalty shall be paid to City and any balance of
the interest shall be paid to Green Valley.
(c) Establishment as an infraction offense, punisl~able by the
issuance of citations and the payment of fines as provided in
Chapter 2.5 of the Saratoga City Code, the avoidance of any
solid waste collection charges through utilization of service
being provided to another customer which does not include any
charges for such use.
3. Effective as of May 1, 1984, the levels of residential customer service
to be provided by Green Valley shall be as follows:
(a) S. ingle can: Once-weekly collection of single can placed at
curbside. Available only as option to residential customers 65
years of age or older who are not located in a hard-to-serve
area. A customer may change the level of service from single
can to unlimited at any billing cycle, but changes from
unlimited to single can service shall not be allowed more
frequently than once a year.
(b) Unlimited: Once-weekly collection of any number of cans, bags
or containers placed at curbside. Available to any resktential
customer not located in a hard-to-serve area.
(e) Designated Hard-to-Serve Areas: Once-weekly collection of a
specified number of cans placed at curbside, plus two (2)
cleanups per year on dates to be mutually determined by Green
Valley and City.
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(d) Backyard service: At the option of the customer, backyard
collection service will be provided at unregulated rates
established by Green Valley and charged on a uniform basis.
(e) Special Services: Special services may be provided at the
option of Green Valley, as described in Paragraph 6.
As used in this Agreement, the word "curbside" shall mean the area
within five feet (5') of a street curb, or within five f~et (5') from the edge of a road
surface if no curb exists. The term "backyard" shall mean any area beyond the
curbside.
4. The monthly rates for residential customer service shall be as
follows:
(a) FLATLAND AREA
Service Level M..o. nthly Rate
Single can at curbside $ 4.60
Unlimited cans at curbside $ 9.95
Backyard Service (1 to 5 cans):
(1) 6 feet to 130 feet from curb
or road service $17.80
(unregulated)
(2) Beyond 130 feet from curb
or road surface $24.50
(unregulated)
(b) HARD-TO-SERVE AREAS (includes 2 clean-ups per year)
Number of Cans
at Curbside: M..,onthly Rate
1 $ 6.85
2 $ 7.70
3 $ 9.90
4 $10.95
5 $12.25
6 or more $12.25 plus $3.00 for
each can in excess of 5
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Ba~kyard Service (1 to 5 cans):
(1) 6 feet to 130 feet from
curb or road surface $20.20
(unregulated)
(2) Beyond 130 feet from
curb or road surface $26.90
(unregulated)
Green Valley may adjust the unregulated backyard rates for the
flatland and hard-to-serve areas set forth above at an~/billing cycle, provided at least
thirty (30) days prior written notice of the adjustment is given to the customer
accompanied by a return card wherein the customer may elect to change the level of
service to curbside pick up.
5. The monthly rates for commercial customer service shall be as
follows:
Bin Rates
Pick-Ups 1-1/3 yd. 2 yd. 3 yd. 6 yd.
Per Week Bin Bin Bin Bin
1 $ 38.40 $ 54.30 $ 76.50 $153.50
2 66.30 95.60 139.00 278. 10
3 94.00 137.10 201.50 402.95
4 121.75 178.60 264.00 527.82
5 154.70 220.25 326.40 652.00
6 177.30 326.35 388.80 777.60
One time only
extra pick-up 10.65 14.15 19.90 39.80
Can Rates
'5.00 per can, where cans are used in lieu of or
in addition to bin rental.
Drop Off Box Service Rates
18 yd. 30 yd. 40 yd.
Box Box Box
$11o.oo $16o.oo $1so .oo
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Compactor
$7.00 per cubic yard
6. Green Valley may, but shall not be obligated, to provide the following
special services and may impose the following additional charges:
(a) Residential customer special services and charges:
(l) $2.50 for each additional can above the regular number
allowed a single can or hard-to-serve customer, when such
extra service is occasionally requested by the customer.
Green Valley may decline to render the extra service if
requested by the customer on a regular or frequent basis.
(2) $1.50 for each garbage bag collected in addition to the
number of cans allowed a single can or hard-to-serve
customer, when such extra service is occasionally
requested by the customer. Green Valley may decline to
render the extra service if requested by the customer on a
regular or frequent basis.
(3) $13.50 surcharge for any return trip at "a customer's
request.
(4) $7.50 charge for any customer check returned to Green
Valley for lack of sufficient funds or other reason.
(5) $5.00 charge for reinstatement of service following
discontinuance as a result of non-payment of billing. Such
charge may not be imposed upon a new customer based
upon the delinquent account of a former occupant of the
same property.
(6) $30.00 charge for special pickup of up to 3 cubic yards of
loose material, plus $15.00 for each additional cubic yard
of loose material. The term "loose material" shall mean
anything which is not contained in a can, bag or other
container.
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(b) Commercial customer special services and charges:
(1) $30.00 one-time only charge for rental of locking bin.
(2) $10.00 charge for replacement of padlock for locking bin.
(3) $13.50 surcharge for any return trip at a customer's
request.
(4) $30.00 charge for each bin cleaning in excess of 3
cleanings per year.
(5) $5.00 times the number of weekly pickups for bin pull-out
service in excess of 50 feet, to be charged each month.
(6) $5.00 times the number of weekly pickups for bin push-in
service in excess of 50 feet, to be charged each month.
7. During 1985, either Green Valley or City may request that adjustment
be made to any or all of the regulated rates set forth in Paragraphs 4, 5 and 6 above,
such adjustment to be effective from and after July 1, 1985. Unless otherwise agreed
upon by the parties at that time, the request will be handled an~] evaluated in
accordance with the procedures set forth in Paragraph 6 of the Franchise Agreement.
8. Green Valley agrees to furnish City audited financial statements
covering Green Valley's fiscal year of July 1, 1983 through June 30, 1984, prepared by
an independent certified public accountant approved by City who shall annex his
opinion thereto. The audited statements shall include allocation of revenue and
expenses between each of the jurisdictions serviced by Green Valley and, with respect
to the City of Saratoga, allocation of revenue between each of the levels of service as
provided in this Agreement. The cost of the audit shall be paid by Green Valley and
charged as an operating expense to be shared by each of the four jurisdictions (Los
Gatos, Campbell, Monte Sereno and Saratoga). City and Green Valley may also
request the auditor to consider such other matters as agreed upon by the parties,
including, but not limited to, the estimated revenue to be derived frown the changes in
levels of service and or~Hnance amendments provided herein, alternative methods for
establishment and adjustment of rates, and proposals for further reduction of
operating expenes.
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· 9. Following the execution of this Amenc]m ent, the parties shall meet to
review the Franchise Agreement and identify those provisions which may not be
operating in a proper or efficient manner. Each party shall submit to the other party a
list of specific provisions contained in the Franchise Agreement which the party
believes should be revised or renegotiated. All items on such lists shall then be a
subject of good faith negotiation between the parties. The cities of Campbell, Los
Gatos and Monte Sereno may be invited to participate in these renegotiation meetings.
It is expressly understood, however, that the purpose of such meetings is to improve
the Franchise Agreement for the mutual benefit of the parties and such Agreement
shall at all times remain in full force and effect, as modified by this Amendment.
10. Upon the execution of this Agreement, Green Valley shall stipulate to
entry of a preliminary injunction in the action now pending before the Superior Court
for the County of Santa Clara entitled, City of Saratoga v. Green Valley Disposal
Company~ Inc.~ et al., Case No. 546247. Green Valley shall be entitled to file a
responsive pleading and noticed motion for termination of the injunction, or other
relief, in the event of any breach of this Agreement by City. Each party shall pay its
own attorneys' fees and costs incurred to the date of this Agreement and such
additional fees as may be incurred for implementation of the provisions contained
herein.
ll. Except as herein modified and amended, the Franchise Agreement is
declared to be in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the day
and year first above written.
Approved as to form ATTEST:
and substance: ~/~
Harold S. Toppel /~/~'i
City Attorney
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GREEN VALLEY DISPOSAL COMPANY, INC.,
a California corporation
By C
Its
Approved as to form
and substance: By
Its
Disposal Company, Inc.
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