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HomeMy WebLinkAbout10-20-2015 Item 08 - Ordinance Adoption for Granting a Franchise to San Luis Garbage Company for Food and Green Waste Meeting Date: 10/20/2015 FROM: Carrie Mattingly, Utilities Director Prepared By: Ron Munds, Utilities Services Manager SUBJECT: ADOPTION OF AN ORDINANCE GRANTING A FRANCHISE TO SAN LUIS GARBAGE COMPANY FOR FOOD AND GREEN WASTE COLLECTION SERVICES RECOMMENDATION Adopt Ordinance No. 1624 (2015 Series) entitled “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.” DISCUSSION Background On October 6, 2015 the City Council voted 4 to 0 to introduce Ordinance No. 1624 (2015 Series). Ordinance No. 1624 grants San Luis Garbage Company a twenty year franchise agreement to collect food and green waste within the City. The twenty year term would commence upon commercial operation or the proposed composting facility at San Luis Garbage’s property off of Santa Fe Road. The franchise stipulates that if the proposed composting facility is not constructed (or substantially completed) and operational by January 1, 2020, the term of the agreement will remain at the current term to August 2025. All other provisions in the agreement will remain intact if the facility does not move forward. The new Ordinance will become effective on November 20, 2015, 30 days after its adoption. ALTERNATIVE The City Council could choose not to adopt the ordinance and direct staff to return to the Council with different alternatives for the collection and diversion of food and green waste within the City. Attachments: a - Ordinance 8 Packet Pg. 36 O 1624 ORDINANCE 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 City Council of the City of San Luis Obispo as follows: SECTION 1. Ordinance No. 1551 (2010 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. 8.a Packet Pg. 37 At t a c h m e n t : a - O r d i n a n c e ( 1 1 5 1 : S e c o n d R e a d i n g F o o d a n d G r e e n W a s t e C o l l e c t i o n F r a n c h i s e A g r e e m e n t ) Ordinance No. _____ (2015 Series) Page 2 O 1624 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 ____ day of ____, 2015, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Jon Ansolabehere Interim City Clerk 8.a Packet Pg. 38 At t a c h m e n t : a - O r d i n a n c e ( 1 1 5 1 : S e c o n d R e a d i n g F o o d a n d G r e e n W a s t e C o l l e c t i o n F r a n c h i s e A g r e e m e n t ) Ordinance No. _____ (2015 Series) Page 3 O 1624 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, this ______ day of ______________, _________. ______________________________ Jon Ansolabehere Interim City Clerk 8.a Packet Pg. 39 At t a c h m e n t : a - O r d i n a n c e ( 1 1 5 1 : S e c o n d R e a d i n g F o o d a n d G r e e n W a s t e C o l l e c t i o n F r a n c h i s e A g r e e m e n t ) Newspaper of the Central Coast B 1 N I EREIC'EIVED 2015 CLERK 3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406 -0112 • (805) 781 -7800 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION eCI�'YOF 8� LICINI0►Bi',9PO A D # 2021320 ORDINANCE NO. 1624 (2015 Series) CITY OF SAN LUIS OBISPO OFFICE OF THE CITY CLERK AN ORDINANCE OF THE CITY OOUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, GRANTING A TWENTY - Y�AR FRANCHISE TO SAN LUIS GAR - BAGS COMPANY FOR FOOD AND STATE OF CALIFORNIA GREEN WASTE COLLECTION, PROC. ESSING AND /OR DISPOSAL WITHIN THE CITY OF SAN LUIS OBISPO SS. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of THE TRIBUNE, a newspaper of general Circulation, printed and published daily at the City of San Luis Obispo in the above named county and state; that notice at which the annexed clippings is a true copy, was published in the above -named newspaper and not in any supplement thereof — on the following dates to wit; OCTOBER 14, 2015 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing is true and correct. V `p �� 1 � (Signs re of Principal Clerk) DATED: OCTOBER 14, 2015 AD COST: $151.80 NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo. Call. famla, a1 Its Regular Meeting of October 6, 2015, inlraduced the above titled ordinance upon a motion by Council Member Rivolre, second by Council Member Christianson, and on the following roll call vote: AYES: Coun @II Member Carpenter, Chrlsttanson, Rivoire, and Vice Mayor Ashbaugh NOES: None ABSENT: Mayor Manx g7rdln8nce NQ-_ 1-624 -015 . This Is a City Ordinance to grant a twenty -year franchise agreement to San Luis Garbage Company for food and green waste collec- tion, processing and /or disposal within the City of San Luls Obispo. A full and complete copy of the aforemen- tioned Ordinance is available for Inspection and copy In the City Clerk's Office, located at 990 Palm Street, San Luis Oblspo, Cali- fornia, or you may call (805) 781 -7100 for more Information_ NOTICE IS HEREBY FURTHER GIVEN that the City Council of the City of San Luis Obispo will consider adopting the afore- mentioned Ordinance at Its Regular Meet - Ing of October'20, 2015 at 6:00 p.m., which will be held In the Council Chamber, locat- ed at 990 Palm Street, San Luls Obispo, California. Anthony J. Melia City Clerk 47o100sr 14. 2015 2021320