CC - 2023-27 - Approving The Franchise Agreement Between The City and Consolidated Disposal Services, LLC, DBA Republic Services For The Collection and Transportation of Solid Waste, Recyclable Materials, Organic Waste, and Construction and DemolitionRESOLUTION NO. 2023-27
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA APPROVING
THE FRANCHISE AGREEMENT BETWEEN THE CITY
AND CONSOLIDATED DISPOSAL SERVICES, LLC,
DBA REPUBLIC SERVICES FOR THE COLLECTION AND
TRANSPORTATION OF SOLID WASTE, RECYCLABLE
MATERIALS, ORGANIC WASTE, AND CONSTRUCTION
AND DEMOLITION DEBRIS AND OTHER SPECIFIED
SERVICES
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City of Rosemead
("City") to protect the public health and safety by taking measures in furtherance of its authority
over police and sanitary matters; and
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated
Waste Management Act of 1989 ("Act") (California Public Resources Code section 40000 and
following), established a solid waste management process requiring cities and other local
jurisdictions to implement integrated waste management programs, which maximize the use of all
feasible source reduction, recycling and composting options in order to reduce the amount of solid
waste that must be disposed of in landfills; and
WHEREAS, the Act provides that certain aspects of solid waste handling are of local concern,
including, but not limited to, frequency of collection, means of collection and transportation, level
of services, charges and fees, and nature, location and extent of providing solid waste handling
services; and
WHEREAS, the Act grants cities and other local jurisdictions the authority to provide solid waste
handling services, whether the services are to be provided by means of nonexclusive, partially
exclusive or wholly exclusive franchise, contract, license or otherwise, which may be granted, with
or without competitive bidding, under terms and conditions prescribed by resolution or ordinance
of the governing body of the local jurisdiction; and
WHEREAS, City is responsible for the protection of the public health and safety of the residents
and businesses of the City and solid waste handling services must be provided in a manner
consistent with the exercise of City's duty to protect the public health and safety; and
WHEREAS, Chapter 8.104 of the Rosemead Municipal Code implements Article XI, Section 7
of the California Constitution and the Act, and establishes requirements for the provisions of any
residential or commercial franchise for solid waste handling services; and
WHEREAS, Section 8.104.210(A) of the Rosemead Municipal Code authorizes the City Council
to award exclusive, partially exclusive, or non-exclusive franchised for one or more types of solid
waste handling services for all or a portion of the premises within the City; and
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WHEREAS, the City conducted a request for proposals process and upon evaluation,
Consolidated Disposal Services, LLC, dba Republic Services (Republic) was found to be the
preferred proposer; and
WHEREAS, A franchise agreement with Republic has been prepared. The Franchise Agreement
will provide solid waste handling services (and other related services) within the jurisdictional
boundaries of the City as they exist today and as they may be adjusted in the future, and address
recent updates in the law; and
WHEREAS, as fully set forth in the staff report and attachments thereto and staff presentation to
the City Council, the Franchise Fee, and other City imposed fees to be paid and/or collected and
remitted by Republic and provided for in the Franchise Agreement are necessary, and reasonably
reflect or are less than the actual costs the City will incur in the administration of the contracted
services, compliance with mandatory state laws and regulations related to the contracted services,
and to mitigate the impacts the contracted services will have on City streets and infrastructure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead does
hereby resolve, declare, determine, and order as follows:
SECTION 1. The above recitals are correct and are material to this Resolution and are
incorporated into this Resolution as findings of the City Council.
SECTION 2. The approval of the Proposed Franchise Agreement has been reviewed with respect
to applicability of the California Environmental Quality Act ("CEQA"). The project is exempt
from CEQA requirements under CEQA Guidelines Section 15301 because approval and execution
of the Proposed Franchise Agreement involves the operation and licensing of existing facilities
and equipment and does not involve an expansion of use. The Franchise Agreement would provide
the same level of service for solid handling services as currently provided. The project is also
exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that
there is no possibility approval and execution of the Franchise Agreement would cause a
significant effect on the environment. The Franchise Agreement will not change the operation of
solid waste collection services provided to the City.
SECTION 3. The City Council hereby approves and awards the Franchise Agreement between
the City and Republic for the Collection and Transportation of Solid Waste, Recyclable Materials,
Organic Waste, and Construction and Demolition Debris (Collection Services) and Other
Specified Services, for a ten-year term beginning August 1, 2023, and ending July 31, 2033
subject to minor modifications of a non -substantive nature approved by the City Manager and City
Attorney.
SECTION 4. City Manager is hereby authorized to execute the Franchise Agreement.
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SECTION 5. Severability: If any section, subsection, sentence, clause, or phrase of this
Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of
competed jurisdiction, such decision shall not affect the validity of the remaining portions of this
Resolution. The City Council hereby declares that it would have passed this Resolution and each
section, subsection, sentence, clause, or phrase does not declare invalid or unconstitutional without
regard to whether any portion of this Resolution would be subsequently declared invalid or
unconstitutional.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same
shall be in full force and effect.
DULY AND REGULARLY ADOPTED this 9th day of May, 2023.
CITY OF
Sean
- ATTESTS
'Pucka Heniandez, City Clerk
APPROVED AS TO FORM:
'! 2 'L, /
Rachel Richman, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2023-27 was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 9t' day of May, 2023, by the following vote, to wit:
AYES: ARMENTA, CLARK, DANG, LOW
NOES: NONE
ABSENT: LY
ABSTAIN: NONE
Ericka Hernandez, City Clerk --
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