HomeMy WebLinkAboutO-1624 GRANTING A FRANCHISE TO SAN LUIS GARBAGE COMPANY FOR FOOD AND GREEN WASTE COLLECTION, PROCESSING AND OR DISPOSAL WITHIN THE CITY OF SAN LUIS OBISPOORDINANCE NO. 1624 (2015 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, GRANTING A FRANCHISE TO SAN LUIS
GARBAGE COMPANY FOR FOOD AND GREEN WASTE COLLECTION,
PROCESSING AND /OR DISPOSAL WITHIN THE CITY OF SAN LUIS
OBISPO
WHEREAS, the public health, safety and welfare demand the orderly and periodic
collection of food and green waste from properties within the City of San Luis Obispo ( "City"); and
WHEREAS, the City has determined that an exclusive franchise granted to a private
company is the most effective and efficient way to collect and remove food and green waste within
the City; and
WHEREAS, the current franchisee, San Luis Garbage Company ( "SLGC "), has provided
reliable service within the City for more than 50 years without interruption; and
WHEREAS, on July 14, 2015, SLGC submitted a letter to the City requesting
modifications and a ten year extension to the City's Green Waste Franchise in order for SLGC to
expand its organics waste diversion program. Specifically, SLGC intends on entering into an long-
term agreement with Hitachi Zosen Inova U.S.A. LLC ( "HZI ") for the development,
construction and operation of a Kompogas plant (the "Kompogas Plant ") capable of processing
the City's food and green waste; and
WHEREAS, the City Council finds that a Kompogas Plant would provide the City and
the community at large with state of the art facility that meet both existing and future state
mandated composting regulations, decrease the City's carbon footprint through the reduction of
greenhouse gas emissions and generate reusable byproducts from the harvested methane gas
produced by the facility; and
WHEREAS, in order for HZI to finance the Kompogas Plant, HZI requires a twenty year
commitment for the delivery of organic waste from the date of operation of said facility; and
WHEREAS, by this Ordinance, the City intends on granting an exclusive franchise to San
Luis Garbage Company in order to facilitate the finance and development of the Kompogas Plant
and to ensure the continuation of effective and efficient green waste processing and/or disposal
service.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
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Ordinance No. 1624 (2015 Series) Page 2
SECTION 1. Ordinance No. 1551 (20 10 Series) shall be repealed and the October 6, 2010
Agreement between the City of San Luis Obispo and San Luis Garbage Company for the Collection
and Disposal of Residential Green Waste shall be terminated upon the effective date of this
Ordinance.
SECTION 2. An exclusive franchise is hereby granted to San Luis Garbage Company for
services to collect, process, and dispose of food and green waste subject to the terms and conditions
set forth in the Agreement between the City of San Luis Obispo and San Luis Garbage attached
hereto as Exhibit A and incorporated herein by this reference.
SECTION 3. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance
is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforcement of the remaining
portions of this ordinance, or any other provisions of the City's rules and regulations. It is the
City's express intent that each remaining portion would have been adopted irrespective of the
fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 4. A summary of this ordinance, approved by the City Attorney, together with
the names of the Council members voting for and against it, shall be published at least five days
prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This
ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 6th day of October, 2015, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 20th day of October, 2015, on the following vote:
AYES: Council Members Carpenter, Christianson, and Rivoire,
Vice Mayor Ashbaugh, and Mayor Marx
NOES: None
ABSENT: None
ATTEST:
Jori
im City Clerk
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Ordinance No. 1624 (2015 Series)
APPROVED AS TO FORM:
Page 3
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 10T^ day of fJ aJeun 6,t %/ , 2-o i 5�
01624