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Cg41FORN�P CITY COUNCIL STAFF REPORT
DATE: APRIL 3, 2013 LEGISLATIVE
SUBJECT: ADOPTION OF AN URGENCY ORDINANCE AND INTRODUCTION OF
AN ORDINANCE AMENDING SECTION 6.04.015 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO SELECTION OF
CONTRACTOR AND ESTABLISHING REGULATIONS FOR THE GRANT
OF SOLID WASTE FRANCHISE AGREEMENTS FOR THE CITY OF
PALM SPRINGS. (A 4/5THS VOTE IS REQUIRED FOR THE URGENCY
ORDINANCE)
FROM: David H. Ready, City Manager
BY: James Thompson, Chief of Staff/City Clerk
Douglas Holland, City Attorney
SUMMARY
The City Council will consider the adoption of an urgency ordinance that will provide the
Council the ability to implement an alternative notice and hearing process for franchise
agreements for solid waste collection and disposal, pursuant to Article X of the City
Charter. The City Council will also consider the adoption of a permanent, non-urgency
ordinance relating to the same subject matter. The City Charter expressly allows the
City Council to adopt alternative procedures for the approval and grant of franchises.
This Ordinance will provide an efficient notice and hearing process while allowing the
City to timely consider and implement a new franchise agreement.
RECOMMENDATION:
1. Waive Reading of Text and Adopt Urgency Ordinance No. "AN
URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 6.04.015 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO SELECTION OF CONTRACTOR AND ESTABLISHING
REGULATIONS FOR THE GRANT OF SOLID WASTE FRANCHISE
AGREEMENTS FOR THE CITY OF PALM SPRINGS." (4/5ths Vote Required.)
2. Waive Reading of Text and Introduce for First Reading Ordinance No. _ "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 6.04.015 OF THE PALM SPRINGS MUNICIPAL CODE RELATING
TO SELECTION OF CONTRACTOR AND ESTABLISHING REGULATIONS
FOR THE GRANT OF SOLID WASTE FRANCHISE AGREEMENTS FOR THE
CITY OF PALM SPRINGS."
ITEM NO.
City Council Staff Report
April 3, 2013-- Page 2
Franchise Procedures
STAFF ANALYSIS:
Section 1001 of the City Charter provides the City Council the authority to adopt
procedures for the grant and approval of franchises. (A copy of Article X of the City
Charter is attached for the reference.) To date, the City Council has not adopted such
procedures. The default hearing procedures provided in the Charter requires the City
Council to first adopt a resolution of intention to grant a franchise. The resolution must
expressly provide all of the "terms and conditions" of the franchise. In the case of the
proposed franchise agreement with Palm Springs Disposal, the City would be required
to include all of the terms and conditions of the agreement in the resolution, including all
of the various rate schedules. The resolution must then be published. The hearing is
conducted in a manner similar to a protest hearing and if the City Council should
change any provision, no matter how minor, the City Council would be required to
approve a new resolution of intention, publish the new resolution, including all terms and
conditions, and conduct another protest hearing. We believe that this is a costly and
time consuming process.
Staff proposes the City Council pursuant to the City Charter adopt an alternative
process for solid waste collection and disposal services. When Staff is prepared to
submit a draft of the franchise agreement to the City Council, the City Clerk would
publish notice that the City Council will be considering a franchise agreement for solid
waste disposal services. The City Council would consider all public testimony, conduct
a public hearing and at the conclusion of the hearing, the City Council would be able to
adopt the agreement as submitted or with revisions as the City Council deems
appropriate.
Staff suggests the revised process provides adequate notice and ample opportunities
for public input in the process at least equal to the notice and hearing procedures
provided under the Charter but with a substantial savings in time and publication costs.
FISCAL IMPACT:
Estimated savings for publication are not entirely predictable due to the number of
provisions in a Solid Waste Franchise agreement. Staff estimates the cost of publication
of each Notice of Intention could result publication costs in excess of$20,000.
mes Thompson, City Clerk
Chie f ff
Dougl . Holland, City Attorney David H. Ready, City Ma
Attachments:
A. Urgency Ordinance
B. Proposed Ordinance
C. Article X of the City Charter
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 6.04.015 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO 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,
ORDAINS:
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
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.
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. 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 underthe City's Charter, is a cumbersome,
time consuming process that could result in undue delays that would forestall and
substantially delay the timely implementation of the new program.
Ordinance No.
Page 3
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.
STEPHEN P. POUGNET, MAYOR
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. 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:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 6.04.015 OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO 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 enterinto 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,
ORDAINS:
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
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
Ordinance No. _
Page 2
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 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 17" DAY OF APRIL, 2013.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
Ordinance No. _
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. 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:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
ARTICLE X. FRANCHISES Page 1 of 2
Palm Springs Municipal Code
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CHARTER OF THE CITY OF PALM SPRINGS
ARTICLE X. FRANCHISES
SECTION 1000. Granting of Franchises.
Any person, firm or corporation furnishing the City or its inhabitants with transportation, communication,
terminal facilities, water, light,heat,electricity, gas,power,television,refrigeration, storage or any other public
utility or service, or using the public streets, ways, alleys or for the operation of plants works or equipment for
the furnishing thereof,or traversing any portion of the City for the transmitting or conveying of any such service
elsewhere, may be required by ordinance to have a valid and existing franchise therefor. The city council is
empowered to grant such franchise to any person, firm or corporation,whether operating under an existing
franchise or not,and to prescribe the terms and conditions of any such grant. It may also provide,by procedural
ordinance,the method of procedure and additional terms and conditions of any such grant or the making thereof,
all subject to the provisions of this charter.
Nothing in this section, or elsewhere in this article, shall apply to the City, or to any department thereof,
when furnishing any such utility or service.
SECTION 1001. Resolution of Intention; Notice and Public
Unless otherwise provided by ordinance of the city council, before granting any franchise,the city council
shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee,the
character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution
shall fix and set forth the day,hour and place when and where any persons having any interest therein or any
objection to the granting thereof may appear before the city council and be heard thereon. It shall direct the city
clerk to publish said resolution at least once,within fifteen days of the passage thereof, in a newspaper of general
circulation in the City. Said notice shall be published at least ten days prior to the date of hearing.
At the time set for the hearing the city council shall proceed to hear and pass upon all protests and its
decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the terms
and conditions specified in the resolution of intention to grant the same, subject to the right of referendum of the
people, or it may deny the same. If the city council shall determine that changes should be made in the terms and
conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and
like proceedings had thereon. In connection with granting any franchise, city council may set and collect any
franchise fee it deems reasonable, so long as such fee is not arbitrary or confiscatory.
SECTION 1002.Term of Franchise.
Every franchise shall state the term for which it is granted,which shall not exceed fifteen years. Any
franchise agreement entered into by the city and effective on the effective date of this Charter,whose term
extends beyond twenty years after the effective date of this Charter, shall continue in effect for a period of fifteen
years beyond the effective date of the Charter, and no further,provided that any franchisee whose franchise is in
effect on the effective date of this Chapter may seek an extension of the franchise from city council beyond the
fifteen year limit, which city council may grant if it finds the fifteen year limit would impair the franchisee's
ability to realize a reasonable return on investment of funds invested prior to the effective date of this Charter, in
reliance on the franchise. City council may promulgate rules and regulations for the making and consideration of
applications for such extensions of franchises.
SECTION 1003. Franchise Inapplicable to City
No franchise requirement of the City shall apply to the City,nor any subdivision, department, or division
http://www.gcode.us/codes/paltnsprings/view.php?topic=charter_of the_city_of palm_spri... 4/2/2013
ARTICLE X. FRANCHISES Page 2 of 2
thereof.
SECTION 1004. Eminent Domain.
No franchise grant shall in any way, or to any extent, impair or affect the right of the City to acquire the
property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and
nothing therein contained shall be construed to contract away or to modify or to abridge,either for a term or in
perpetuity, the City's right of eminent domain with respect to any public or private utility. In such a proceeding,
no value shall be assigned to the franchise rights themselves,but only to any fixtures or equipment, or other
interests arising out of the exercise of the franchise rights, as may be compensable under the general laws of the
State of California.
http://www.gcode.us/codes/pahnsprings/view.php?topic=charter of the_city_of palm_spri... 4/2/2013
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA92262
760-778-4578/Fax 760-778-4731
2013 'i 8: 25
State Of California as: l
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000365940
1 am over the age of 18 years old, a citizen of the United
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun No 0667 ORDINANCE NO-1B13 �
qp�1 i
AN SPRINGS�DICALI-IFORNIALNAMENOINO
SECTION 6.o4A15 OF THE PALM SPRINGS
4/10/2 013 MUNICIPAL CODE RELATING TO THE SELEC-
TION OF CONTRACT FI GRANT B ISHING
REGULATIONS FOR THE
WASTE FRANCHISE AGREEMENTS FOR THE 1.
CITY OF PALM SPRINGS. r
section tdot o the cmyc `'"forcme;.
Own ro Wept rules end Ordinawees'
g9reM of hanChlae9 it the Cky. mof wt-'
faelishes Mes end regulatlws O��N_,
id vreste hm�dnaes Ml Loa Clry• wt
I acknowledge that t am a principal clerk of the printer of so melees fmdin9s regardryL lle read i roevPrg-; .
The Desert Sun, rioted and published weekly in the City such mlea antl regulml0rre mrl a new
P P Y ty serve the ability d the Oily wryry ell ted.,
of Palm Springs, County of Riverside, State of California. haridnsa egreemam in fuA corrlPlMrlrs and Mir,
The Desert Sun was adjudicated a newspaper of general Bret arM smte laws rep°0 why lob'naree'a•
19 Can vote swreagl;�oa�PP,m'"�'thls ordinance.
circulation on March 24, 1988 by the Superior Court of the
County of Riverside, Slate of California Case No. CERTIFICATION
191236. STATE OF CALIFORNIA
COUNTY OF RIVERSIDE 3
CITY OF PALM SPRINGS
gN?�er�M AN th
antleGcorerecLunder
Execulpenalty of perjury lh that
day oforegoing
is 2U13tinNn° I6is a 1.VW'end Mgtof the
andat a to
a0p nBl W an the 3nl day MADre�p13,by the
Palm Springs,Califon ' . following vote:
AYES: Cwndlmembars Fort, NWdeson,
Lenin Mayor Pre Tom Mae and Mayor Pougnet.
NOES: NNyq�e ft
A&4f:Nf: No� i
ABSTAIN: None. -
ciPamS �rnel
tyd lPng,Callfo
Declarant' ' nature PabIlehW:4n0n3
A_a
3A
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: April 3, 2013
Subject: Ordinance No. 1818
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
April 10, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was posted at City Hall, 3200 E.
Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the
City Clerk on April 8, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
1
Kathie Hart, CMC
Chief Deputy City Clerk
ORDINANCE NO. 1818
AN URGENCY ORDINANCE 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.
City Attomey 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.
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 3`d day of April, 2013, by the following
vote:
AYES: Councilmembers Foat, Hutcheson, Lewin, Mayor Pro Tern Mills and
Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
AMES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1818
AN URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING SECTION 6.04.015
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,
ORDAINS:
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
fund the cost of this effort. Therefore, it is the purpose of this Chapter to assist in
Ordinance No. 1818
Page 2
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 etseq.), 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 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 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 transportor
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. 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.
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 3`d 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.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California