CC Resolution 2024-021 Burrtec Amendment 2 to Amended & Restated AgreementRESOLUTION NO. 2024 — 021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING AMENDMENT
NO. 2 TO THE AMENDED AND RESTATED AGREEMENT
WITH BURRTEC WASTE AND RECYCLING SERVICES,
LLC FOR SOLID WASTE HANDLING SERVICES
WHEREAS, the California Integrated Waste Management Act of 1989 ("AB 939")
(California Public Resources Code Section 40000 et seq.) has declared that it is in the
public interest to authorize and require local agencies to make adequate provisions for
Solid Waste handling within their jurisdictions to meet the goals and requirements of AB
939; and
WHEREAS, on May 17, 2022, the City Council adopted Resolution No. 2022-013
approving that certain Amended and Restated Agreement between City of La Quinta and
Burrtec Waste and Recycling Services, LLC ("Burrtec") for Solid Waste Handling
Services, effective July 1, 2022 (the "Agreement"), the Term of the Agreement will expire
on June 30, 2037; and
WHEREAS, the Agreement is the currently operative exclusive franchise
agreement for the City's waste hauling and recycling services, entered into pursuant to
AB 939 and Public Resources Code Sections 49300 and 49500 thereunder, and the
applicable provisions of the La Quinta City Charter and Municipal Code, under which the
City determined that the public health, safety, and well-being required the Agreement to
be awarded to a qualified company for the collection, transportation, recycling,
processing, and disposal of solid waste and other services to meet the goals and
requirements of AB 939; and
WHEREAS, on June 6, 2023, the City Council adopted Resolution No. 2023-014
approving Amendment No. 1 to the Agreement, effective July 1, 2023, and amending
"Section 8.6.8 Acceptance of Recyclable Materials and Household Hazardous Waste" for
specified additional services relating to the acceptance of recyclable materials and HHW;
and
WHEREAS, on September 19, 2016, the Governor of California approved Senate
Bill 1383 [Stats. 2016, Ch. 395, SB 1383 Lara] (SB 1383) related to "Short -live climate
pollutants: methane emissions: dairy and livestock: organic waste: landfills," which went
into effect January 2022 requiring cities to provide organics recycling services to all
residents and businesses; and
WHEREAS, the City wishes to enter into Amendment No. 2 to the Agreement,
subject to the terms and conditions set forth in this Resolution and the Agreement, to
amend "Section 8.18 Provision for Recovered Organic Waste Product" and implement
the procurement of a certain amount of qualifying compost and mulch as required by SB
1383, to assist the City with ensuring compliance with the State mandate; and
Resolution No. 2024 — 021
Amendment No. 2 to the Amended and Restated Agreement with Burrtec — SB 1383 Organics Compliance
Adopted: June 4, 2024
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WHEREAS, California Public Resources Code Section 49300 requires the City to
approve the terms of the proposed Amendment No. 2 pursuant to a City Council
Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The City of La Quinta hereby approves this Amendment No. 2 to the
Amended and Restated Agreement between City of La Quinta and Burrtec Waste and
Recycling Services, LLC for Solid Waste Handling Services, in the form attached to the
Staff Report accompanying this Resolution (the "Amendment No. 2").
SECTION 2. The term of Amendment No. 2 shall be for the same Term as the
Agreement.
SECTION 3. The City Manager, with concurrence of the City Attorney, may make
non -substantive edits to this Amendment No. 2 as required, and the City Manager shall
have the authority to execute Amendment No. 2 on behalf of the City.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 4th day of June 2024, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RAD VA, ity Clerk
City of La Quinta, California
Resolution No. 2024 — 021
Amendment No. 2 to the Amended and Restated Agreement with Burrtec — SB 1383 Organics Compliance
Adopted: June 4, 2024
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APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California