HomeMy WebLinkAboutStaff Report 7.C 08/06/2007CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Aeenda Title: An Ordinance of the City Council of the City of Petaluma
Amending Section 8.16.010.E, Repealing Section 8.16.0101 and
Amending Section 8.16.115 of Title 8 of the Petaluma Municipal Code to
Modify the Definition of Debris Boxes, Authorize the Approval of Non -
Exclusive Franchise Agreements for Debris Box Collection by City
Council Resolution and Authorize the City Manager to Execute Said
Agreements
TC
August 6, 2007
Meetine Date: August 6, 2007
Meetine Time: ❑ 3:00 PM
® 7:00 PM
Category: ❑ Presentation ❑ Consent Calendar ❑ Public Hearing ® Unfinished Business ❑ New Business
Department:
City Manager
Director:
Mike Bierman
Contact Person
Mike Bierman
Phone Number:
778-4345
Cost of Proposal: Staff costs to administer and enforce the program will Account Number:
continue.
Name of Fund:
Amount Budgeted: N/A
Attachments to Agenda Packet Item:
A. Draft Ordinance of the City Council of the City of Petaluma Amending Section 8.16.010.E, Repealing Section
8.16.0101 and Amending Section 8.16.115 of Title 8 of the Petaluma Municipal Code to Modify the Definition
of Debris Boxes, Authorize the Approval of Non -Exclusive Franchise Agreements for Debris Box Collection by
City Council Resolution and Authorize the City Manager to Execute Said Agreements
Summary Statement:
In 2006, the City adopted a program to license haulers to collect construction and demolition materials ("C&D")
and commercial recyclables through a non-exclusive franchise process. Staff has determined that modifying the
definition of debris boxes in the Municipal Code from the present minimum 10 cubic yards to include all debris
box sizes 97 gallons and larger will improve the reduction of solid waste in landfills and make the non-exclusive
franchise system fairer for haulers. The proposed Municipal Code amendment is also designed to satisfy City
Charter Section 46 which requires all franchises to be awarded by ordinance. The proposed ordinance would
expressly allow the Council to approve a form franchise agreement by resolution. It would also ratify Resolution
2006-018 adopted on January 23, 2006, which approved the present form agreement and authorized execution of
form agreements by the City Manager. Minor changes to the agreement to conform to state or federal law or
modify insurance requirements would be allowed subject to approval of the City's Risk Manager, City Manager
and City Attorney.
Recommended Action/Suggested Motion:
Approve the proposed Ordinance Amending Section 8.16.010.E, Repealing Section 8.16.0101 and Amending
Section 8.16.115 of Title 8 of the Petaluma Municipal Code to Modify the Definition of Debris Boxes, Authorize
the Approval of Non -Exclusive Franchise Agreements for Debris Box Collection by City Council Resolution and
Authorize the City Manager to Execute Said Agreements.
Reviewed by Admin. Svcs. Dir: Reviewed by City Attorney: ADDroved by City Manager:
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Date: �2 1 1 Date: Date:
CITY OF PETALUMA, CALIFORNIA
AUGUST 6, 2007
AGENDA REPORT
FOR
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING SECTION 8.16.010.E, REPEALING SECTION 8.16.010.F AND
AMENDING SECTION 8.16.115 OF TITLE 8 OF THE PETALUMA MUNICIPAL
CODE TO MODIFY THE DEFINITION OF DEBRIS BOXES, AUTHORIZE THE
APPROVAL OF NON-EXCLUSIVE FRANCHISE AGREEMENTS FOR DEBRIS BOX
COLLECTION BY CITY COUNCIL RESOLUTION AND AUTHORIZE THE CITY
MANAGER TO EXECUTE SAID AGREEMENTS
EXECUTIVE SUMMARY:
In 2006, the City adopted a program to license haulers to collect construction and demolition
materials ("C&D") and commercial recyclables through a non-exclusive franchise process. Staff
has determined that modifying the definition of debris boxes in the Municipal Code from the
present minimum 10 cubic yards to include all debris box sizes 97 gallons and larger will
improve the reduction of solid waste in landfills and make the non-exclusive franchise system
fairer for haulers. The proposed Municipal Code amendment is also designed to satisfy City
Charter Section 46 which requires all franchises to be awarded by ordinance. The proposed
ordinance would expressly allow the Council to approve a form franchise agreement by
resolution. It would also ratify Resolution 2006-018 adopted on January 23, 2006, which
approved the present form agreement and authorized execution of form agreements by the City
Manager. Minor changes to the agreement to conform to state or federal law or modify insurance
requirements would be allowed subject to approval of the City's Risk Manager, City Manager
and City Attorney.
2. BACKGROUND:
Three haulers have applied for the required form franchise agreements since the program was
instituted last year. Complaints have been made by licensed haulers that unlicensed haulers are
picking up C&D materials fi-om construction sites using debris boxes smaller than 10 cubic
yards, the present minimum size for inclusion in the non-exclusive fi-anchise requirement.
ALTERNATIVES:
Do not adopt the proposed ordinance, in which case debris boxes smaller than 10 cubic yards
will continue to be collected in the City without payment of franchise fees or reporting and
control of diversion of recyclable materials.
z
4. FINANCIAL IMPACTS:
None.
5. CONCLUSION:
Adoption of the ordinance and enforcement of the non-exclusive franchise requirements on all
haulers picking up debris boxes 97 gallons and larger in the City will improve diversion of waste
from landfills. The express language in the ordinance authorizing approval of form franchise
agreements by resolution and execution of folnl agreements by the City Manager will satisfy
Charter requirements and expedite the licensing process and administration of the program.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION:
Adoption of the ordinance and enforcement of the non-exclusive franchise requirements on all
haulers picking up debris boxes 97 gallons and larger in the City.
RECOMMENDATION:
Adopt the proposed ordinance.
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CLEAN VERSION OF PROPOSED ORDINANCE
4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING SECTION 8.16.010.E, REPEALING SECTION 8.16.010.F AND
AMENDING SECTION 8.16.115 OF TITLE 8 OF THE PETALUMA MUNICIPAL
CODE TO MODIFY THE DEFINITION OF DEBRIS BOXES, AUTHORIZE THE
APPROVAL OF NON-EXCLUSIVE FRANCHISE AGREEMENTS FOR DEBRIS
BOX COLLECTION BY CITY COUNCIL RESOLUTION AND AUTHORIZE
THE CITY MANAGER TO EXECUTE SAID AGREEMENTS
WHEREAS, the City of Petaluma, in accordance with the California Integrated
Waste Management Act of 1989 ("Act") and subsequent additions and amendments,
codified at Public Resources Code §§40000 et seq., is required to divert fifty percent
(50%) of discarded materials from landfills; and
WHEREAS, to help meet this requirement, maximize the reduction of solid
waste in landfills and increase re -use and recycling options, the City of Petaluma permits
the collection of debris boxes within the City of Petaluma by persons or entities entering
into a non-exclusive franchise agreement with the City of Petaluma pursuant to Petaluma
Municipal Code Chapter 8.16, Title 8 and other applicable law; and
WHEREAS, the debris box collection authorized by City is subject to strict
collection, diversion, reporting and disposal requirements through a uniform non-
exclusive franchise agreement required of all entities seeking to perform debris box
pickup and disposal in the City of Petaluma; and
WHEREAS, in order to fairly and equitably regulate debris and drop box C&D
and commercial recycling pickup and disposal in the City of Petaluma and achieve
maximum use of mechanisms for the solid waste reduction, re -use and recycling, the City
wishes to include all debris box sizes in its regulation of debris box pick-up and disposal
in the City of Petaluma; and
WHEREAS, the City Council finds that it is in the City's interest, and will
promote the public health, safety and welfare to require compliance with collection,
diversion, reporting and disposal requirements by means of a reniform non-exclusive
franchise agreement; and
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5
WHEREAS, Section 46 of Article VII of the Petaluma City Charter requires that
action providing for the award of City franchises be taken by ordinance of the City
Council unless the Council takes action pursuant to a general law of the State; and
WHEREAS, City Council approval of a form non-exclusive debris box franchise
agreement by resolution and execution of said agreements by the City will allow more
efficient use of public resources, provide necessary flexibility to City staff, more
effectively implement landfill diversion requirements, promote recycling, provide for
appropriate City Council oversight concerning the debris box collection program, and
meet the requirements of Section 46 of Article VII of the Petaluma City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PETALUMA AS FOLLOWS:
Section 1. The findings stated herein are true and are adopted as the findings of the
City Council.
Section 2. Section 8.16.010.E of the Petaluma Municipal Code is hereby amended to
read as follows:
E. 'Debris box" means any container of 97 gallons or greater of storage capacity
utilized for the accumulation, collection and delivery to an appropriate facility
by a City -permitted hauler of the following materials:
1. Materials generated by cleanup, clearing, landscaping, yard renovation,
pruning, gardening and other activities related to the care and maintenance
of property; and/or
2. Materials generated by construction, demolition, remodeling or alteration
of any building, structure, or excavation project; and/or
3. One hundred percent recyclable materials generated by commercial
premises.
4. The tern "debris box" includes the term "drop box".
Section 3. Section 8.16.010.17 of the Petaluma Municipal Code is hereby repealed.
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lm
Section 4. Section 8.16.115 of the Petaluma Municipal Code is hereby amended to
read as follows:
8.16.115 Collection of debris boxes.
A. Non -Exclusive Franchise Agreement Required. Debris boxes shall be
collected only by persons bolding a valid business license issued by the city for such
collection. No business license shall be issued for debris box collection without the
applicant having previously entered into a nonexclusive franchise agreement with the city
for the placement and collection of debris boxes. Debris boxes shall contain only those
materials described in Sections 8.16.010(E)
B. Approval of Non -Exclusive Franchise Agreement by Resolution.
Findings and Purpose.
Section 46 of Article VII of the Petaluma City Charter provides
that action to award City franchises be taken by ordinance unless the
Council takes action pursuant to a general law of the State. Approval of
identical form non-exclusive franchise agreements for debris box
collection by individual ordinance would be wasteful of public resources
in that it would delay increased waste diversion, recycling and payment of
franchise fees to the City, and require repetitive City Council proceedings.
City Council approval of non-exclusive franchise agreements, and City
Manager execution of franchise agreements using a Council -approved
form document pursuant to this section is intended to meet the
requirements of Section 46, Article VII of the Petaluma City Charter,
provide for appropriate Council oversight concerning the debris box non-
exclusive franchise program, promote fiscal efficiency, preserve staff and
#99102M
Council resources, and provide the necessary flexibility to maximize
landfill diversion and promote re -use and recycling.
2. Approval by Resolution.
In accordance with Section 46 of Article VII of the City of
Petaluma Charter, the City Council of the City of Petaluma may approve
form non-exclusive debris box franchises by resolution.
3. Execution of Non -Exclusive Debris Box Franchises by City
Manager.
The City Manager or his/her designee is authorized to execute on
behalf of the City non-exclusive debris box franchise agreements,
provided that the terms of such agreements do not differ materially from a
form franchise agreement previously approved by City Council resolution,
including any such resolution adopted prior to the enactment of this
subsection. Modifications required to comply with State or federal law
and/or changes in insurance requirements shall not constitute material
differences for purposes of this section, but shall require approval of the
City's Risk Manager and City Manager and be approved by the City
Attorney as to form.
Section 5. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
court of competent jurisdiction or preempted by state legislation, such decision or
legislation shall not affect the validity of the remaining portions of this ordinance. The
City Council of the City of Petaluma hereby declares that it would have passed and
#99lo2sv2
1A
adopted this ordinance and each and all provisions thereof irrespective of the fact that any
one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
Section 6. The City Council finds that adoption of this ordinance is exempt from the
Califomia Environmental Quality Act ("CEQA" ), pursuant to Sections 15061(b)(3) (no
possibility that the activity may have a significant impact on the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines (Title 14, Chapter 3 of the California Code of Regulations).
Section 7. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 8. Publication.
The City Cleric is hereby directed to post and/or publish this ordinance or a
synopsis of it for the period and in the manner required by the City Charter.
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RED -LINED VERSION OF PROPOSED ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING SECTION 8.16.010.E, REPEALING SECTION 8.16.010.F AND
AMENDING SECTION 8.16.115 OF TITLE 8 OF THE PETALUMA MUNICIPAL
CODE TO MODIFY THE DEFINITION OF DEBRIS BOXES, AUTHORIZE THE
APPROVAL OF NON-EXCLUSIVE FRANCHISE AGREEMENTS FOR DEBRIS
BOX COLLECTION BY CITY COUNCIL RESOLUTION AND AUTHORIZE
THE CITY MANAGER TO EXECUTE SAID AGREEMENTS
WHEREAS, the City of Petaluma, in accordance with the California Integrated
Waste Management Act of 1989 ("Act") and subsequent additions and amendments,
codified at Public Resources Code § §40000 et seq., is required to divert fifty percent
(50%) of discarded materials from landfills; and
WHEREAS, to help meet this requirement, maximize the reduction of solid
waste in landfills and increase re -use and recycling options, the City of Petaluma permits
the collection of debris boxes within the City of Petaluma by persons or entities entering
into a non-exclusive franchise agreement with the City of Petaluma pursuant to Petaluma
Municipal Code Chapter 8. 16, Title 8 and other applicable law; and
WHEREAS, the debris box collection authorized by City is subject to strict
collection, diversion, reporting and disposal requirements through a uniform non-
exclusive franchise agreement required of all entities seeking to perform debris box
pickup and disposal in the City of Petaluma; and
WHEREAS, in order to fairly and equitably regulate debris and drop box C&D
and commercial recycling pickup and disposal in the City of Petaluma and achieve
maximum use of mechanisms for the solid waste reduction, re -use and recycling, the City
wishes to include all debris box sizes in its regulation of debris box pick-up and disposal
in the City of Petaluma; and
WHEREAS, the City Council finds that it is in the City's interest, and will
promote the public health, safety and welfare to require compliance with collection,
diversion, reporting and disposal requirements by means of a uniform non-exclusive
franchise agreement; and
,#9793150
WHEREAS, Section 46 of Article VII of the Petaluma City Charter requires that
action providing for the award of City franchises be taken by ordinance of the City
Council unless the Council takes action pursuant to a general law of the State; and
WHEREAS, City Council approval of a form non-exclusive debris box franchise
agreement by resolution and execution of said agreements by the City will allow more
efficient use of public resources, provide necessary flexibility to City staff, more
effectively implement landfill diversion requirements, promote recycling, provide for
appropriate City Council oversight concerning the debris box collection program, and
meet the requirements of Section 46 of Article VII of the Petaluma City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PETALUMA AS FOLLOWS:
Section 1. The findings stated herein are true and are adopted as the findings of the
City Council.
Section 2. Section 8.16.010.E of the Petaluma Municipal Code is hereby amended to
read as follows:
E. "Debris box" means any pontainer of 97 gallons Dr greater of storage capacity - Deleted: apee wp
utilized for the accumulation. collection and delivery to an annn•onriate facili[v Deleted: run cubic ya,ds
by a Citv-permitted hauler of the following materials; Deleted: spore
1. Materials generated by cleanup, , clearing, landsca in and renovation,
- - -- landscaping, g. )' .. `Deleted: rvbblc or debris gencramd 6y:
pruning, gardening and other activities related to the care and maintenance Deleted: c
of property; and/or
2. Materials generated by construction, demolition, remodeling or alteration Deleted: C J
of any building, structure, or excavation project: and/or
3. One hundred percent reevclable materials generated by commercial
premises.
4. The term "debris box" includes the term "droo box". (Deleted:.
Section 3. Section 8.16.010.17 of the Petaluma Municipal Code is hereby repealed.
Y.9793150
12
Section 4. Section 8.16.115 of the Petaluma Municipal Code is hereby amended to
read as follows:
8.16.115 Collection of debris boxes.
A. Non -Exclusive Franchise Agreement Required. Debris boxes shall be
collected only by persons holding a valid business license issued by the city for such
collection. No business license shall be issued For ebris box collection without the
applicant having previously entered into a nonexclusive franchise agreement with the city
for the placement and collection of debris boxes. Debris boxes ,shall contain only those
materials, described in Sections 8.16.010(E)
B. Annroval of Non -Exclusive Franchise Agreement by Resolution.
Findings and PurDOSe.
Section 46 of Article VII of the Petaluma Citv Charter orovides
that action to award Citv franchises be taken by ordinance unless the
Council takes action Dursuant to a eeneral law of the State. Annroval of
identical form non-exclusive franchise aereements for debris box
collection by individual ordinance would be wasteful of public resources
in that it would delav increased waste diversion. rcevcline and Davment of
franchise fees to [lie City. and reouire repetitive Citv Council Droceedines.
Citv Council approval of nonexclusive franchise aercenrents. and Citv
Manager execution of franchise aereements usine a Council-aonroved
fornn document Dursuant to this section is intended to meet the
reauirements of Section 46. Article VII of the Petaluma Citv Charter.
provide for appropriate Council oversielnt concerning the debris box non-
exclusive franchise program. Dromote fiscal efficiency. preserve staff and
#9793150
Deleted: drop
Deleted: cons ruction and demolition
debris and/or commercial recyclable
material. Said
Deleted: d
Deleted: and/or drop boxes
Deleted: as�
Formatted: gullets and Numbering
13
Council resources. and nrovide the necessary flexibilitv to maximize
landfill diversion and promote rc-use and recycling.
2. Anoroval by Resolution.
In accordance with Section 46 of Article VTI ofthe Citv or
Petaluma Charter. the Citv Council of the Citv of Petaluma may annrove
form non-exclusive debris box franchises by resolution.
3. Execution of Non -Exclusive Debris Box Franchises by City
Manager.
The Citv Manager or his/Iter designee is authorized to execute on
behalf of the Citv non-exclusive debris box franchise agreements.
provided that the terms of such agreements do not differ materially from a
form franchise agreement oreviouslv anoroved by City Council resolution.
including anv such resolution adonted prior to the enactment of this
subsection. Modifications reunited to cmnoly with State or federal law
and/or changes in insurance requirements shall not constitute material
differences for Dur -Doses of this section. but shall require anoroval of the
City"s Risk Manager and Citv Manager and be anoroved by the City
Attornev as to form.
Section 5. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
court of competent jurisdiction or preempted by state legislation, such decision or
legislation shall not affect the validity of the remaining portions of this ordinance. The
City Council of the City of Petaluma hereby declares that it would have passed and
.#.9793150
41
adopted this ordinance and each and all provisions thereof irrespective of the fact that any
one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
Section 6. The City Council finds that adoption of this ordinance is exempt from the
California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b)(3) (no
possibility that the activity may have a significant impact on the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines (Title 14, Chapter 3 of the California Code of Regulations).
Section 7. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 8. Publication.
The City Clerk is hereby directed to post and/or publish this ordinance or a
synopsis of it for the period and in the manner required by the City Charter.
99793150
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