HomeMy WebLinkAbout1819 ORDINANCE NO. 1819
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SECTION
6.04.015 OF THE PALM SPRINGS MUNCIPAL CODE
RELATING TO THE SELECTION OF CONTRACTOR AND
ESTABLISHING REGULATIONS FOR THE GRANT OF
SOLID WASTE FRANCHISE AGREEMENTS FOR THE CITY
OF PALM SPRINGS.
City Attorney Summary
Section 1001 of the City Charter allows the City Council to
adopt rules and regulations for the grant of franchises in the
City. This Ordinance establishes rules and regulations for the
grant of solid waste franchises in the City. This Ordinance also
makes findings regarding the need to adopt such rules and
regulations immediately to preserve the ability of the City to
enter into a new franchise agreement in full compliance with all
federal and state laws regarding disposal and recycling of solid
waste.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN:
SECTION 1. Section 6.04.015 of the Palm Springs Municipal Code is amended to
read:
6.04.015 Purpose of Chapter; Selection of Contractor.
(a) It is hereby declared and determined that the business of collecting,
transporting, disposing and/or recycling of solid waste affects the health, safety, and public
welfare and the quality of life of the residents of the City, including without limitation, the
frequency of collection, means of collection and transportation, level of service, charges
and fees, and whether solid waste services are to be provided by means of non-exclusive,
partially exclusive, orwholly exclusive,franchise, contract, license, or permit, and the terms
and conditions of such franchise, license, or permit. It is therefore one purpose of this
Chapter to regulate this business in order to ensure its orderly operation and to minimize
the adverse effects it may have on the local environment.
(b) It is also the intent of this Chapter, aside and apart from the purpose of
regulation, to generate revenue for municipal purposes including but not limited to the
maintenance of the public streets and roadways which are impacted by the heavily laden
vehicles used in this business.
(c) It is also recognized that the City is required to prepare, adopt, and
implement an integrated waste management plan and that the City may impose fees to
fund the cost of this effort. Therefore, it is the purpose of this Chapter to assist in
implementation of an integrated waste management plan and to provide funding toward the
cost of that plan.
Ordinance No. 1819
Page 2
(d) Pursuant to the provisions of Article X of the Palm Springs City Charter
(Section 1000 et seq.), the City Council is empowered to enter into an agreement for solid
waste management services through a private contractor. The granting of exclusive or
nonexclusive franchises for solid waste management services are within the classification
of"municipal affairs," and the provisions of this Section, togetherwith the provisions of this
Chapter, shall constitute the exclusive procedure applicable to the grant of franchises for
conducting the business of collecting, transporting, disposing, and/or recycling solid waste
in the City.
(e) At least every fifteen(15)years, a City franchise agreement for the collection
and disposal of solid waste and for the collection of recyclable material shall be granted
and approved by ordinance. The City Clerk shall give notice of the City Council's
consideration of a franchise agreement by providing notice pursuant to Government Code
Section 6061, ten days in advance of the hearing.
(f) The City Council shall not engage a franchisee or contractorwhich has been,
or whose officers, directors, shareholders, subsidiaries, affiliates, employees or agents
have been found guilty of felonious conduct related to antitrust activities, illegal transport or
disposal of hazardous waste, or bribery of public officials.
(g) Further, during the term of any agreement with the City, should the franchisee
or contractor or any of its officers, directors, shareholders, affiliates, employees or agents
be found guilty or should it be determined to have been found guilty of such felonious
conduct described above, the City Council reserves the unilateral right to terminate its
agreement or to impose such other sanctions (which may include financial sanctions,
temporary suspensions or any other condition deemed appropriate short of termination)as
it shall deem proper. Such action shall be taken after the franchisee or contractor has been
given notice and opportunity to present evidence in mitigation.
(h) The term"found guilty"shall be deemed to include anyjudicial determination
of guilt including, but not limited to, pleas of "guilty," "nolo contendere," "no contest" or
"guilty to a lesser charge" entered as part of a plea bargain.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take effect
thirty(30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS 17T" DAY OF APRIL, 2013.
ATTEST: STEPHYN P. POUGNET, MAYOR
,�AMES THOMPSON, CITY CLERK
Ordinance No. 1819
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1819 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 3rd day of April,2013, and adopted
at a regular meeting of the City Council held on the 17"'day of April, 2013, by the following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ES THOMPSON, CITY CLERK
6'6ity of Palm Springs, California adf y3/ppl3