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HomeMy WebLinkAboutReso - CC - 097-2009RESOLUTION NO. 97-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE AGREEMENT FOR THE OPERATION OF THE SHOREWAY RECYCLING AND DISPOSAL CENTER WHEREAS, The State of California, through the California Integrated Waste Management Act of 1989, codified at Public Resources Code Section 40000, et seq. (the "Act"), found and declared that the amount of solid waste generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfill disposal, has created a need for state and local agencies to enact and implement an aggressive integrated waste management program; and WHEREAS, The Act directs the California Integrated Waste Management Board and local agencies to promote recycling and to maximize the use of feasible source reduction, recycling and composting options in order to reduce the amount of solid waste that must be disposed in landfills; and WHEREAS, The SBWMA is a joint powers agency organized under the Joint Exercise of Powers Act by cities and other local government agencies in San Mateo County (the "Member Agencies") , each of which oversees the collection of solid waste and recyclable materials within its jurisdiction; and WHEREAS, The SBWMA owns and oversees the operation of the Shoreway Recycling and Disposal Center in San Carlos ("Shoreway Center"). The recycling and material recovery operations conducted at the Shoreway Center are an integral component of each of the Member Agencies' Source Reduction and Recycling Elements, which have in turn been incorporated into San Mateo County's Integrated Waste Management Plan; and WHEREAS, The Member Agencies, acting in coordination with each other and the Authority, are planning to expand the recycling operations within each of their jurisdictions through a variety of measures, including the institution of "single stream" recycling; and WHEREAS, In order to prepare for this anticipated increase in the amount of recyclable materials, and to improve the ability of the Shoreway Center to recover recyclable materials from solid waste delivered to it, the SBWMA is planning a substantial renovation and expansion if the facilities at the Shoreway Center; and WHEREAS, One of the anticipated improvements is the installation of a new system designed specifically for sorting and recovering recyclable materials from single stream collection programs; the new system has been recommended by the Contractor, is to be installed by the manufacturer -vendor within the Materials Recovery Facility at Shoreway Center, and operated by Contractor; and WHEREAS, On November 1, 2007, the SBWMA issued a Request for Proposals for a qualified contractor to operate the Shoreway Center, transport recyclable materials to various specialized processors and transport residual solid waste to the Ox Mountain Landfill; and WHEREAS, South Bay Recycling, LLC (SBR) submitted a Proposal which, in the judgment of the staff of the Authority, represented the greatest value to the Authority, its Member Agencies and C:\Documents and Settings\mkearney\Local Settings\Temporary Internet Files\Content.0utlook\NZ4Q02MS\SBR Agreement-RESO- 10-28-09.doc their residents and businesses. On July 23, 2009, the SBWMA approved the Operations Agreement with SBR as the operator of the Shoreway Center, and WHEREAS, the services to be provided under the Agreement for Operation of the Shoreway Recycling and Disposal Center between the SBWMA and South Bay Recycling, L.L.C. have been analyzed pursuant to a Mitigated Negative Declaration (MND) prepared for and approved by the SBWMA at its April 23, 2009 meeting in connection with its approval an Agreement with South Bay recycling, LLC to operate the Shoreway Center. The Council finds that SBWMA's MND is and remains an adequate environmental document pursuant to CEQA and CEQA Gaidelines for the purposes of its analysis and consideration of this Operations Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BURLINGAME AS FOLLOWS: The City of Burlingame approves the Agreement for Operation of the Shoreway Recycling and Disposal Center between the SBWMA and South Bay Recycling, L.L.C. ("Agreement") in the form attached hereto and incorporated herein as Exhibit "A", provided that the Agreement shall not become effective unless and until at least eight (8) of the Member Agencies approve the Agreement as provided in Section 7. 1.1 of the SBWMA First Amended and Restated Joint Exercise of Powers Agreement, on or before November 30, 2009. l Ann Xeighran, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 2nd day of November, 2009, and was adopted thereafter by the following vote: AYES: Councihnenlbers: BAYLOCK, DEAL, KEIGDRAN, NAGEL, O'NAHONY NOES: Councihnembers: NONE NONE ABSENT: Councilmembers: M y Ellen Kearney, C y Cleric C=\Documents and Settings\mkearney\Local Settings\Temporary Internet Files\Content.Outlook\NZ4Q02MS\SBR Agreement-RESO- 10-28-09Aoc