HomeMy WebLinkAboutOrdinance 2421 N.C.S. 11/21/2011 ORDINANCE NO. 2421 N.C.S
FFECTIVE DATE
OF ORDINANCE
December 21, 2011
1 Introduced by Seconded by
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4 Mike Healy David Glass
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7 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING PETALUMA
8 MUNICIPAL CODE CHAPTER 8.16 GOVERNING GARBAGE AND RUBBISH DISPOSAL:
9 AMENDING SECTION 8.16.060, TEMPORARY CONTRACTS; ADDING SECTION 8.16.065,
10 AWARD OF FRANCHISES WITHOUT COMPETITIVE BIDDING; AMENDING SECTION 8.16.070,
11 AWARD OF FRANCHISES WITH COMPETITIVE BIDDING; AND AMENDING SECTION 8.16.080,
12 RENEWAL OF COMPETITIVELY BID CONTRACTS
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14 WHEREAS, the City of Petaluma Charter establishes certain requirements for the award of
15 city franchises, in Charter sections 46, 51 and 75; and,
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17 WHEREAS, the City of Petaluma Municipal Code, Chapter 8.16, establishes procedures for
18 awarding garbage and rubbish disposal franchises; and,
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20 WHEREAS, pursuant to said requirements of the City Charter and Municipal Code, the
21 City currently contracts with Petaluma Refuse & Recycling, Inc., an affiliate of The Ratto Group
22 of Companies, Inc. ( "PR &R ") for exclusive solid waste hauling franchise services covering all
23 collection, hauling and disposal services in the City, except debris box services, and as otherwise
24 permitted in Chapter 8.16 of the Municipal Code; and,
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26 WHEREAS, PR &R is in year six of the current ten year contract, which expires on June 30,
27 2016; and,
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29 WHEREAS, Section 51 of the City Charter prohibits renewal of a franchise prior to one year
30 before its expiration; and,
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32 WHEREAS, neither Section 51 nor other provisions of the City Charter or Chapter 8.16
33 prohibit termination of a franchise and issuance of a new franchise upon voluntary agreement
34 of the parties; and,
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1 WHEREAS, Petaluma Municipal Code, Section 8.16.070 currently requires a competitive
2 bidding process for the award of a permanent exclusive franchise for the removal and disposal
3 of garbage and rubbish, other than for non - exclusive debris box franchises pursuant to Section
4 8.16.115; and,
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6 WHEREAS, PR &R has proposed a new exclusive waste franchise agreement with revised
7 terms that will provide financial and programmatic benefits to the City greater than the terms of
8 the existing exclusive franchise agreement; and,
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10 WHEREAS, PR &R's offer to negotiate the provision of additional benefits is contingent
11 upon the City's ability to voluntarily terminate the existing exclusive franchise and grant a new
12 franchise for a fifteen period without putting the franchise out to competitive bid; and,
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14 WHEREAS, the City Council may in its discretion modify the provisions of Chapter 8.16 to
15 permit award of an exclusive franchise without competitive bidding.
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17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
18 FOLLOWS:
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20 Section 1. Section 8.16.060, entitled "Temporary contracts" of Chapter 8.16, "Garbage
21 and Rubbish Disposal," of the Petaluma Municipal Code is amended to read as follows:
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23 8.16.060 Temporary contracts.
24 The city council may, by resolution, based upon findings that preservation of the public
25 health, safety and welfare so require, enter into a contract for the collection and disposal of
26 garbage and rubbish for a contract period of not more than six months without competitive
27 bidding upon such terms, with respect to payments to the city therefore and other terms, as the
28 city council may approve. This section is intended to satisfy the requirement in Section 46 of the
29 city charter that award of franchises be taken by ordinance, unless the council takes action
30 pursuant to a general law of the state, and to authorize by ordinance temporary contracts for
31 collection and disposal of garbage and rubbish. Preservation of the public health, safety and
32 welfare may be deemed to require a temporary contract pursuant to this section when
33 introduction of an ordinance and passage 30 or more days later, followed by elapse of a 30 day
34 referendum period before the ordinance takes effect, pursuant to Section 51 of the city charter,
35 would result in a lack of authorized garbage and rubbish collection services in the city of seven
36 consecutive calendar days or more. (Ord. 173 NCS §8: prior §13.7.)
37 Section 2. Section 8.16.065, entitled "Award of franchises without competitive bidding"
38 of Chapter 8.16, "Garbage and Rubbish Disposal," of the Petaluma Municipal Code is added to
39 Chapter 8.16 to read as follows:
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Ordinance No. 2421 N.C.S. Page 2
1 8.16.065 - Award of franchises without competitive bidding.
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3 The city council may, by ordinance adopted in accordance with Sections 46, 51 and 75
4 of the city charter, and based upon findings that the benefits to the public of doing so outweigh
5 the potential benefits to the public of following the competitive bidding procedure in Section
6 8.16.070, enter into a franchise agreement without a competitive bidding process for the
7 exclusive right, as the official garbage and rubbish collector of the city, to collect and dispose of
8 garbage and rubbish within the city in accordance with the provisions of this chapter for a
9 period not to exceed fifteen years, subject to the rights of holders of permits granted by the city
10 council pursuant to Section 8.16.120 and the rights of non - exclusive debris box franchisees
11 pursuant to section 8.16.115.
12 Section 3. Section 8.16.070, entitled "Permanent contracts" of Chapter 8.16, "Garbage
13 and Rubbish Disposal," of the Petaluma Municipal Code is amended to read as follows:
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15 8.16.070 Award of franchises with competitive bidding.
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17 The city council may, by ordinance adopted in accordance with Sections 46, 51 and 75
18 of the city charter, and pursuant to the following procedure, enter into a franchise agreement
19 for a term not to exceed fifteen years for the removal and disposal of garbage and rubbish.
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21 The city council shall adopt a resolution directing the city clerk to cause a notice to be
22 published in the official newspaper of the city by two insertions therein not less than five days
23 apart, the last of which shall not be less than twenty days before the time fixed for opening the
24 bids, inviting sealed bids for a contract for the exclusive right, as the official garbage and rubbish
25 collector of the city, to collect and dispose of garbage and rubbish within the city in
26 accordance with the provisions of this chapter and the specifications and requirements set forth
27 in the resolution, subject to the rights of holders of permits granted by the city council, and the
28 rights of non - exclusive debris box franchisees pursuant to section 8.16.115. The resolution and
29 notice to bidders shall specify:
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31 A. The time fixed for receiving and opening the bids;
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33 B. Each bid shall be accompanied by a cashier's check, in the sum of fifty thousand
34 dollars or such other amount, or in such other form, as may be required by the city council,
35 which sum shall be forfeited by the bidder to whom the contract is awarded, as liquidated and
36 unascertainable damages to the city, if thereafter the bidder fails or refuses to enter into a
37 contract within thirty days after receiving notice of the award;
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39 C. Each bid shall specify the amount the bidder will pay the city monthly, as
40 consideration for the contract;
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1 D. The council may reject any and all bids, including the highest bid, if it determines
2 that, because of experience, financial responsibility or reputation or some other factor, the
3 acceptance of a lower bid is for the best interest of the city;
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5 E. The bidder shall agree to perform and comply with and be bound by all terms,
6 conditions and provisions required by this chapter and the other specifications set forth in or
7 referred to by the resolution and notice.
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9 By its resolution calling for bids, the city council shall prescribe such additional terms and
10 conditions to be included in the contract to be awarded for the collection and disposal of
11 garbage and rubbish, as it shall determine, and require that the same be set forth in the notice
12 to bidders, or filed with the city clerk and referred to in the notice as being available for
13 examination by prospective bidders.
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15 (Ord. 2140 NCS §1, 2002: Ord. 173 NCS §9: prior code §13.8.)
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17 Section 4. Section 8.16.080, entitled "Renewal of contract" of Chapter 8.16, "Garbage
18 and Rubbish Disposal," of the Petaluma Municipal Code is amended to read as follows:
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20 8.16.080 Renewal of competitively bid contract.
21 Subject to Section 46, 51 and 75 of the city charter, the city shall have the right to renew
22 any contract entered into pursuant to the competitive bidding procedures described in Section
23 8.16.070 of this chapter with the person who then holds a contract for the removal and disposal
24 of garbage and rubbish, for periods not to exceed ten years for each renewal; provided,
25 however, that the contractor shall file a written request for such renewal of contract not less
26 than two years prior to the expiration of the termination of the contract existing at the time of
27 giving such notice. The city council shall also have the right, by resolution, to waive the
28 requirement that the notice of request for renewal be filed with the city within the two -year
29 period. (Ord. 562 NCS §1: prior code § 13.9.)
30 Section 5. The City Council finds that adoption of this ordinance is not subject to the
31 California Environmental Quality Act ( "CEQA "), because it is not a "project" for CEQA purposes
32 as defined in Public Resources Code Section 21065 and Sections 15060(c) (3) and 15378 of the
33 CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations); adoption of this
34 ordinance has no potential for causing a direct physical change or a reasonably foreseeable
35 indirect physical change in the environment.
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37 Section 6. If any section, subsection, sentence, clause, phrase or word of this ordinance
38 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
39 competent jurisdiction or preempted by state legislation, such decision or legislation shall not
40 affect the validity of the remaining portions of this ordinance. The City Council of the City of
41 Petaluma hereby declares that it would have passed and adopted this ordinance and each
Ordinance No. 2421 N.C.S. Page 4
1 and all provisions thereof irrespective of the fact that any one or more of said provisions be
2 declared unconstitutional, unlawful or otherwise invalid.
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4 Section 7. This ordinance shall become effective thirty (30) days after the date of its
5 adoption by the Petaluma City Council.
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7 Section 8. The City Clerk is hereby directed to publish or post this ordinance or a synopsis
8 for the period and in the manner provided by the City Charter and any other applicable law.
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10 INTRODUCED and ordered posted /published this 7th day of November, 2011.
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12 ADOPTED this 21st day of November, 2011 by the following vote:
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14 Ayes: Albertson, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Renee
15 Noes: None
16 Abstain: None
17 Absent: Barrett
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25 Mayor
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29 ATTEST: APPROVED AS TO FORM:
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35 City Clerk City Attorney
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