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HomeMy WebLinkAbout1818 ORDINANCE NO. 1818 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 6.04.015 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE SELECTION OF CONTRACTOR AND ESTABLISHING REGULATIONS FOR THE GRANT OF SOLID WASTE FRANCHISE AGREEMENTS FOR THE CITY OF PALM SPRINGS. (4/5ths Vote Required.) 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. As an urgency ordinance, a 4/5ths vote is required to approve this Ordinance. 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, or wholly 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 Ordinance No. 1818 Page 2 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. (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,together with 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 forthe 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 contractor which 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 any judicial 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. Findings. The adoption of this Urgency Ordinance is necessary for the immediate protection of the public peace, health and safety by ensuring the provision of a timely and orderly process for the award of solid waste franchises. In accordance with Section 312 of the Palm Springs City Charter and in order to protect the public peace, health and safety, the City Council of the City of Palm Springs finds and determines that the adoption of this Urgency Ordinance is necessary to ensure the timely approval and implementation of a revised solid waste collection program, consistent with the needs of the franchisee's requirements to purchase commission new vehicles and related equipment. The existing procedures provided under the City's Charter, is a cumbersome, Ordinance No. 1818 Page 3 time consuming process that could result in undue delays that would forestall and substantially delay the timely implementation of the new program. SECTION 3. Effective Date. The City Council hereby declares, on the basis of the findings set forth above, that an emergency exists and that this Ordinance is necessary to preserve the public peace, health and safety. Accordingly,this Ordinance is adopted as an emergency ordinance and shall take effect and be in force immediately upon its adoption. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 3RD DAY OF APRIL, 2013. ZjC4 STFPHL5N P. POUGNET, VAYOR ATTEST: JAMES THOMPSON, CITY CLERK 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. 1818 is a full, true, and correct copy, and adopted at a regular meeting of the City Council held on the 3rd 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. MES THOMPSON, CITY CLERK City of Palm Springs, California,+/col zvo