HomeMy WebLinkAboutTC Res 2011-06-15 (6)RESOLUTION NO. 30-2011
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
APPROVING EXECUTION OF THE SOLID WASTE
MANAGEMENT AGREEMENT BETWEEN THE
TOWN OF TIBURON AND MILL VALLEY REFUSE SERVICE, INC.
WHEREAS, Section 26-11 of the Tiburon Municipal Code provides that the Town
Council may, with or without inviting bids, enter into a contract for the collection, removal, and
disposal of garbage accumulated within the Town upon the terms and conditions provided by
resolution of the Town Council; and
WHEREAS, Section 26-11 of the Tiburon Municipal Code also provides that the Town
Council may extend or renew a contract for the collection, removal, and disposal of garbage with
a party that has already satisfactorily performed the duties of such a contract, without inviting
bids, or proposals, or giving notice of its intention to do so; and
WHEREAS, Section 26-11 of the Tiburon Municipal Code provides that the extension or
renewal of a contract to collect, remove, and dispose of garbage with a party that has
satisfactorily performed such a contract shall be upon those terms and conditions provided by the
Town Council resolution; and
WHEREAS, Town staff and the Council Subcommittee have negotiated with Mill Valley
Refuse Service, Inc renewal of the solid waste and recycling collections franchise by execution
of a new agreement; and
WHEREAS, the agreement that was negotiated and attached hereto as the "Solid Waste
Management Agreement Between the Town of Tiburon and Mill Valley Refuse Service, Inc.
from July 1, 2011 through June 30, 2021" was presented to the Town Council for its
consideration at a regular meeting on June 15, 2011; and
WHEREAS, the Town Council finds that adoption of this resolution is exempt from the
requirements of the California Environmental Quality Act pursuant to (i) Section 21808(b)(8) of
the California Public Resources Code, because it is an activity to establish rates for the purpose
of meeting operating expenses, purchasing or leasing supplies, equipment, or materials, meeting
financial reserve needs and requirements and obtaining funds for capital projects necessary to
maintain service within existing service areas; and (ii) Sections 15301 and 15061(b)(3) of the
CEQA Guidelines because the new Chapter 26 will not change existing solid waste practices;
and
WHEREAS, the Town Council heard public comment and considered the attached Solid
Waste Management Agreement Between the Town of Tiburon and Mill Valley Refuse Service,
Inc. from July 1, 2011 through June 30, 2021 during a publicly noticed hearing on June 15, 2011;
Mill Valley Refuse Service Franchise Agreement - adopted June 15, 2011 Page 1 of 2
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON
RESOLVES AS FOLLOWS:
1. The Town Council finds that Mill Valley Refuse Service, Inc. has satisfactorily
performed its duties as the Town's solid waste and recycling collections franchisee since first
entering into a franchise agreement with the Town in 1965; and that the Town's solid waste and
recycling collections franchise may be renewed without inviting bids or proposals and giving
notice of the Town's intention to do so; and
2. The Mayor is hereby authorized to execute the attached Solid Waste Management
Agreement Between the Town of Tiburon and Mill Valley Refuse Service, Inc. July 1, 2011
through June 30, 2021, the terms and conditions of which are being incorporated by this
reference herein, with the exception of Exhibit A, establishing rates, which will be approved by
the Council by separate resolution. Under such time as the Council adopts a new rate resolution,
the current rates will remain in force
PASSED AND ADOPTED at a regular meeting of the Town Council of the Towr} of Tiburon on
June 15, 2011 by the following vote:
AYES:
COUNCILMEMBERS:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
'F!SLAVITZ,J~~ OR
WN 0 JJRON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK