HomeMy WebLinkAboutR-10666 City's intent to grant an Exclusive Franchise to SL Garbage Co for food and green waste and setting a Public Hearing for Oct 6 2015RESOLUTION NO. 10666 (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING THE CITY'S INTENT TO GRANT
AN EXCLUSIVE FRANCHISE TO SAN LUIS GARBAGE COMPANY
FOR FOOD AND GREEN WASTE SERVICES AND SETTING A PUBLIC
HEARING FOR OCTOBER 6, 2015
WHEREAS, public health and safety demand the orderly and periodic collection and
safe disposal of 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 green waste within the
City; and
WHEREAS, the City has granted San Luis Garbage Company (Franchisee) an exclusive
franchise for the collection and disposal of green waste within the City; and
WHEREAS, California state law requires the City to divert food waste from the landfill
starting in 2016; and
WHEREAS, in order to comply with the new and future composting regulations, a new
organics composting facility will need to be constructed; and
WHEREAS, securing the financing to construct the composting facility requires a
guarantee of the delivery of compostable material for at least twenty years commencing upon
initial operation of the facility; and
WHEREAS, the Franchisee has provided a high level of service and reasonable rates for
green waste services for the term of the current franchise agreement and is in the process of
obtaining commitments for the long term processing of compostable material.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
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Resolution No. 10666 (2015 Series) Page 2
SECTION 1. That the City hereby intents to grant an exclusive franchise to San Luis
Garbage Company for food and green waste services based on the following terms and
conditions:
a) Type: Exclusive
b) Term: The term of the proposed franchise shall commence upon the effective date of
the proposed Ordinance granting a franchise for food and green waste services and
shall expire twenty years after the "Facility Operation Date" which is the date when a
Kompogas facility (or other similar technology) located at 7388 Old Santa Fe Road,
San Luis Obispo, begins commercial processing of food and green waste. In the event
the Kompogas facility is not constructed or certain benchmarks regarding the
construction of such facility are not achieved, then the term of the franchise shall be
from the effective date of the proposed Ordinance until November 20, 2025.
c) Franchise fee: 10% of gross revenue
SECTION 2. That a public hearing will be held on October 6, 2015 at 6:00 pm in the
City Council Chambers at which time it is the intention of the City Council to grant such
franchise.
SECTION 3. Any persons having any interest in the franchise or any objections to the
granting of the franchise may appear before the Council and be heard thereon.
SECTION 4. The City Clerk will publish this resolution at least once within twenty days
of its passage in a newspaper in the City of San Luis Obispo.
Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and
on the following roll call vote:
AYES: Council Members Carpenter, Christianson, and Rivoire,
Vice Mayor Ashbaugh, and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15th day of September 2015.
/1- Lin,
Mayor a Marx
WE 100
Resolution No. 10666 (2015 Series) Page 3
APPROVED AS TO FORM:
. 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, this L "- day of
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