HomeMy WebLinkAboutR-11539 declaring the City's intent to adopt an Ordinance restating its existing franchise agreement and set a Public Hearing for March 18, 2025R 11539
RESOLUTION NO. 11539 (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING THE CITY’S INTENT TO ADOPT
AN ORDINANCE RESTATING ITS EXISTING FRANCHISE
AGREEMENTS WITH SAN LUIS GARBAGE COMPANY AND SET A
PUBLIC HEARING FOR MARCH 18, 2025
WHEREAS, the City of San Luis Obispo ("City") adopted Ordinance No. 1551
on August 20, 2010, granting a franchise to San Luis Garbage Company ("San Luis
Garbage") for a term of 15 years for the collection and disposal of solid waste,
recycling, and organics within the City (collectively referred to as the "Franchise
Agreements"); and
WHEREAS, public health and safety demand the orderly and periodic
collection and safe disposal and/or processing of solid waste, recyclables, and green
waste; and
WHEREAS, it has been determined that an exclusive franchise granted to a
private company is the most effective and efficient way to collect and remove solid
waste, recyclables, and organics within the City; and
WHEREAS, San Luis Garbage has provided a high level of service and
reasonable rates for solid waste, recyclables, and organics collection in the City for
the terms of the Franchise Agreements; and
WHEREAS, the City adopted Ordinance No. 1624 on October 20, 2015,
amending the green waste franchise agreement to incorporate food waste and
approve the extension to the term of the agreement until December 18, 2038 – to
establish funding for the development and operation of the KOMPOGAS SLO
Anaerobic Digestion Facility – formerly Hitochi Zosen Inova – which processes the
City's curbside food and yard waste and turns it into organic compost; and
WHEREAS, Senate Bill 1383, Chapter 395, Statutes of 2016 (SB 1383)
establishes methane emissions reduction targets in a statewide effort to reduce
emissions of short lived climate pollutants by reducing disposal of organic waste in
landfills and is California's most comprehensive change to solid waste regulations in
over thirty years; and
WHEREAS, the City adopted Ordinance No. 1711 on May 3, 2022, amending
the Franchise Agreements to implement organic waste diversion programs to meet
the goals of SB 1383 and allows a jurisdiction to designate a public or private entity
to fulfill, in whole or in part, its responsibilities under SB 1383 through contracts with
its waste haulers; and
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WHEREAS, the solid waste and recycling agreements expire on August 25,
2025; and
WHEREAS, to maintain continuity, the material terms and conditions for the
solid waste and recycling franchise agreements are being proposed to be merged
into a restated Franchise Agreement with organics set forth below in compliance with
Section 1002 of the City Charter of the City of San Luis Obispo, thereby extending
the term of the solid waste and recycling agreements to align with the green waste
expiration date of December 18, 2038; and
WHEREAS, the Legislature of the State of California, by enactment of the
California Integrated Waste Management Act of 1989 (AB 939), set forth in Public
Resources Code Sections 40000 et seq., declares that it is within the public interest
to authorize and require local agencies to make adequate provision for solid waste
handling within their jurisdiction, including but not limited to, the discretion to perform
a competitive bidding process.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to Section 1002 of the City Charter of the City of
San Luis Obispo, the City Council hereby declares its intent to grant a restated
franchise to San Luis Garbage for the collection and disposal of solid waste,
recycling, and organics in the City with the following key terms:
a) Merged solid waste, recycling, and organics agreements into one, restated
agreement.
b) Contract expiration of December 18, 2038 – aligning with the organics
agreement.
c) San Luis Garbage Company to provide updated enhancements within the
agreement for residential customers such as residential no cost
large/bulky item collection, Customer Assistance Program for qualified
lowincome residents, holiday tree collection, and annual cart exchange.
d) Revised agreement language to increase duration between Public
Hearings for delinquent solid waste customers to up to five years.
e) San Luis Garbage Company to continue to provide public education and
outreach assistance and compliance reporting.
f) Revised rate setting methodology to replace the current 1994 Rate Setting
Process and Methodology Manual for Integrated Solid Waste Management
Rates.
SECTION 2. A public hearing will be held on March 18, 2025, beginning at
5:30 p.m. in the City Council Chambers, at which time any persons having any
interest in the amendments to the Franchise Agreements may appear before the
Council to be heard thereon.
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SECTION 3. The City Clerk shall publish this resolution at least once within
fifteen (15) days of its passage in a newspaper in the City of San Luis Obispo.
Upon motion of Vice Mayor Shoresman, seconded by Council Member Francis,
and on the following roll call vote:
AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman,
and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21st day of January 2025.
_________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of San Luis Obispo, California, on ______________________.
_________________________
Teresa Purrington
City Clerk
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1/24/2025 | 2:45 PM PST