HomeMy WebLinkAbout2016-27 - Approving the Revised Effective Date to an Amendment to the 2009 Waste Disposal Agreement with the County of OrangeRESOLUTION NO. 2016-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, APPROVING THE REVISED EFFECTIVE DATE
TO AN AMENDMENT TO THE 2009 WASTE DISPOSAL AGREEMENT
WITH THE COUNTY OF ORANGE
WHEREAS, the City has an existing Waste Disposal Agreement (the Waste
Disposal Agreement) with the County of Orange (the "County") which requires the City to
dispose of all specified solid waste generated within the City to County landfills and for the
County to accept all such waste at a price agreed upon by the City and County; and
WHEREAS, the Waste Disposal Agreement became effective on or about July 23,
2009, and by its term is set to expire on June 30, 2020; and
WHEREAS, the Waste Disposal .Agreement provides that the County will not
accept waste imported from outside the County at County landfills after June 30, 2016;
and
WHEREAS, an Amendment to the Waste Disposal Agreement (the
"Amendment") has been negotiated between the County and various cities throughout
Orange County to provide for continuation of importation of waste from outside the
County at County landfills in exchange for allocation to the cities of a portion of future
importation revenues and to extend the terms of this activity within the Waste Disposal
Agreement to June 30, 2025; and
WHEREAS, the City Council desires to ensure that solid waste generated within
the City can be disposed of in an environmentally safe manner and at a reasonable cost
for the near future; and
WHEREAS, the proposed Amendment furthers these goals by, among other
things, ensuring that solid waste generated within the City can be disposed of at County
landfills through June 30, 2025; that the landfills will be operated in an environmentally
safe and reliable manner; and that the cost of disposing of solid waste at County
landfills will be reasonable; and
WHEREAS, on April 14, 2015, by Resolution No. 2015-26, the City of Newport
Beach approved the Amendment in which the effective date to be no later than
September 30, 2015; and
WHEREAS, the County has requested a revision to the effective date of the
Amendment from September 30, 2015 to June 30, 2016 (`Revised Effective Date").
NOW, THEREFORE, the City Council of the City of Newport Beach resolves, finds
and determines, on the basis of the facts set forth in the agenda report presented to it
and any testimony received at the meeting at which this matter was considered, as
follows:
Resolution No. 2016-27
Page 2 of 2
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council hereby finds and determines that the Revised
Effective Date to the Amendment to the Waste Disposal Agreement between the
County of Orange and the City of Newport Beach ("Amendment") furthers the public
health, safety and welfare.
Section 3. The City Council hereby finds and determines that the Revised
Effective Date shall be amended into the terms and provisions of the Amendment, in the
form as submitted by the City Manager, are approved and that the Mayor is authorized
to execute, and the City Clerk to attest, the Amendment on behalf of the City.
Section 4. The officers and employees of the City are authorized and directed,
jointly and severally, to do any and all things necessary or advisable in order to
effectuate the purposes of this Resolution and to administer the City's obligations,
responsibilities and duties to be performed.
ADOPTED this 9t' day of February, 2016.
ATTEST:
04"� , lb,-�
Leilani I. Brown
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-27 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the gth day of February, 2016, and that the
same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
RECUSED: Council Member Petros
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 10th day of February, 2016.
Leila Ini Brown, MMC L
City Clerk
Newport Beach, California
(Seal)