HomeMy WebLinkAboutOrdinance 2284 N.C.S. 09/10/20071
2
3
4
5
6
7
8
9
10
11
1 2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
EFFECTIVE DATE
OF ORDINANCE
October 10, 2007
Introduced by
Teresa Barrett
ORDINANCE NO. 2284 N.C.S.
Seconded by
David Rabbitt
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,
30 diversion, reporting and disposal requirements through a uniform non-exclusive franchise
31 agreement required of all entities seeking to perform debris box pickup and disposal in the City
32 of Petaluma; and,
33
34 WHEREAS, in order to fairly and equitably regulate debris and drop box C&D and
35 commercial recycling pickup and disposal in the City of Petaluma and achieve maximum use of
Ordinance No. 2284 N.C.S. Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
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,
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.
Ordinance No. 2284 N.C.S.
Page 2
1 4. The term "debris box" includes the term "drop box".
2
3 Section 3. Section 8.16.010.F of the Petaluma Municipal Code is hereby repealed.
4
5 Section 4. Section 8.16.1 15 of the Petaluma Municipal Code is hereby amended to read as
6 follows:
7 8.16.1 15 Collection of debris boxes.
8
9 A. Non -Exclusive Franchise Agreement Required. Debris boxes shall be collected only by
10 persons holding a valid business license issued by the city for such collection. No business license
11 shall be issued for debris box collection without the applicant having previously entered into a
12 nonexclusive franchise agreement with the city for the placement and collection of debris
13 boxes. Debris boxes shall contain only those materials described in Sections 8.16.010(E)
14
15 B. Approval of Non -Exclusive Franchise Agreement by Resolution.
16
17 1. Findings and Purpose.
18 Section 46 of Article VII of the Petaluma City Charter provides that action
19 to award City franchises be taken by ordinance unless the Council takes action
20 pursuant to a general law of the State. Approval of identical form non-exclusive
21 franchise agreements for debris box collection by individual ordinance would be
22 wasteful of public resources in that it would delay increased waste diversion,
23 recycling and payment of franchise fees to the City, and require repetitive City
24 Council proceedings. City Council approval of non-exclusive franchise
25 agreements, and City Manager execution of franchise agreements using a
26 Council -approved form document pursuant to this section is intended to meet
27 the requirements of Section 46, Article VII of the Petaluma City Charter, provide
28 for appropriate Council oversight concerning the debris box non-exclusive
29 franchise program, promote fiscal efficiency, preserve staff and Council
30 resources, and provide the necessary flexibility to maximize landfill diversion and
31 promote re -use and recycling.
32
33
34
35
Ordinance No. 2284 N.C.S. Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
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 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.
Ordinance No. 2284 N.C.S.
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 (.,
26
27
28
29
'30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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.
INTRODUCED AND ORDERED POSTED/DUBLISH€D THIS 6'h day of August, 2007.
ADOPTED THIS 10'h day of September, 2007, by the tollowing vote:
AYES: Barrett, Freitas, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt
NOES: None
ABSENT: Harris
ABSTAIN: None
ATTEST:
ftalA-L) qk�j-�
Claire Cooper, CMC, City Clerk
APPROVED AS TO FORM:
Ordinance No. 2284 N.C.S.
Page 5