RESOLUTION NO. 8334
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, APPROVING AN AMENDMENT OF THE SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE CITY AND ALLIED WASTE SERVICES OF NORTH AMERICA, LLC DBA REPUBLIC SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE A FOURTH AMENDED AND RESTATED FRANCHISE AGREEMENT.
WHEREAS, on November 8, 2006, the City issued a request for proposals (“RFP”) for the Integrated Franchise Agreement, soliciting comments and proposals due to the City. In connection with the RFP, the City circulated the Initial Study and draft Mitigated Negative Declaration for a 20-day comment period. On April 10, 2007, the City Council adopted Resolution No. 7104 in 2007 awarding the exclusive franchise agreement for residential, commercial, multi- family, roll-off, abandoned refuse and bus stop solid waste handling services to Allied Waste Services of North America, LLC (“Allied”) and adopting the Mitigated Negative Declaration and Mitigation Monitoring Program; and
WHEREAS, on August 12, 2012, the City Council adopted Resolution No. 7492 approving and authorizing an extension and amendment of the solid waste franchise agreement between the City and Allied Waste Services of North America, LLC, and adopting an addendum to the Mitigated Negative Declaration (“MND”); and
WHEREAS, on July 12, 2016, the City Council adopted Resolution No. 7821 approving and authorizing an additional extension and amendment of the solid waste franchise agreement between the City and Allied Waste Services of North America, LLC and adopting an addendum to the MND; and
WHEREAS, Allied currently provides services in the City pursuant to an Extended, Amended, and Restated Franchise Agreement executed as of July 13, 2016 (the “Second Restated Agreement”); and
WHEREAS, the City and Allied, after meeting and conferring on the terms and conditions of the solid waste franchise, have determined that certain changes to the Second Restated Agreement would be mutually desirable; and
WHEREAS, those amendments would not extent the length of the franchise or expand the nature of the services subject to the exclusive franchise; and
WHEREAS, the amendments do not change the routes or number of trucks to be utilized in providing service under the amended agreement. The contract will continue an overall reduction in vehicular emissions, reduction in truck traffic on City streets, and reduction in noise
associated with refuse pick-up activities and vehicular traffic, and no change in impacts evaluated in the MND will result; and
WHEREAS, on February 12, 2019, the City Council adopted Resolution No. 8045 approving and authorizing a third amended and restated solid waste franchise agreement (the “Third Restated Agreement”) that incorporates the Changed Terms and Conditions into the Second Restated Agreement; and
WHEREAS, on February 10, 2022 and February 17, 2022, the City published notice of the public hearing to consider amending the existing franchise agreement between Allied Waste Services of North America and the City of Hawthorne. The Fourth Amended and Restated Agreement will be amended as follows: 1) Implementing Senate Bill 1383 (SB1383) compliant programs and services 2.) Removal of the existing diversion language requiring a minimum diversion rate of 35% of total tons collected from Hawthorne residential accounts and adopting diversion requirement language consistent with SB1383 and the State of California. 3.) Increase the City of Hawthorne’s franchise fee to 20%. 4.) Establish a fixed 4.2% annual rate (CPI) adjustment for the life of the contract term. 5.) Allied Waste, currently collects a set number of 20 free scheduled bulky items per year. For customers who do not schedule pickups, Allied Waste will collect items and automatically issue a charge to the customers. Other provisions of the Allied Agreement will remain in effect.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, hereby resolves as follows:
Section 1. The City Council finds that all of the facts set forth in the recitals of this Resolution are true and correct.
Section 2. The City Council hereby approves the Fourth Restated Agreement (the
“Fourth Amendment to the Exclusive Franchise Agreement for Comprehensive Refuse Services”) that are listed in Exhibit “A” to this Resolution, which is incorporated herein by reference.
Section 3. The City Manager is authorized and directed to execute a fourth amended and restated solid waste franchise agreement (the “Fourth Restated Agreement”) that incorporates the Changed Terms and Conditions into the Third Restated Agreement and makes no other substantive change to the Third Restated Agreement; however, the City Manager shall
Section 4. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and this certification to be entered in the Book of Resolutions of the Council of the City.
Section 5. This resolution shall be in full effect immediately upon the passage and adoption thereof
Section 6. The City Attorney is authorized to make minor typographical changes to this resolution that does not change the substance of this resolution.
Section 7. The City Council hereby finds that adoption of this Resolution is not a
“project” under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4).
PASSED, APPROVED and adopted this 22nd day of February, 2022.
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ALEX VARGAS, Mayor
City of Hawthorne, California ATTEST:
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DR. PAUL JIMENEZ, City Clerk
City of Hawthorne, California APPROVED AS TO FORM
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ROBERT KIM, City Attorney City of Hawthorne, California
Exhibit “A”
FOURTH AMENDMENT TO
THE EXCLUSIVE FRANCHISE AGREEMENT FOR COMPREHENSIVE REFUSE SERVICES
(ALLIED WASTE SERVICES OF NORTH AMERICA, LLC)
