Ordinance No. 2022-09 | Franchise Agreement w/ Recology (Urgency) | Adopted 11/21/2022
ORDINANCE NO. 2022-09
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING A FRANCHISE AGREEMENT WITH RECOLOGY
SOUTH VALLEY FOR SOLID WASTE HAULING SERVICES AND A
FINDING THAT ITS ACTION IN ADOPTING THE ORDINANCE IS
EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA
GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) IN
THAT THE PROPOSED ORDINANCE WILL CONTINUE AN EXISTING
STATE-MANDATED PROGRAM FOR THE PROTECTION OF PUBLIC
HEALTH AND THE ENVIRONMENT, AND NONE OF THE
CIRCUMSTANCES IN CEQA GUIDELINES SECTION 15300.2 APPLY
WHEREAS, the City of Gilroy (City) is a municipal corporation, duly organized under
the constitution and laws of the State of California; and
WHEREAS, pursuant to California Constitution Article XI, Section 7, and the City
Charter, Section 600, the City Council has the authority to enact ordinances which promote the
public health, safety and general welfare of its residents, including sanitation ordinances and
regulations; and
WHEREAS, the provision of sanitary solid waste hauling services is an essential
component to protecting public health, safety, and welfare, and is a state mandated service; and
WHEREAS, solid waste hauling services are contracted through an exclusive franchise
agreement, and enacted pursuant to Article XIII of the City Charter entitled “Franchises”; and
WHEREAS, Section 1302 of Article XIII of the City Charter places a term li mitation on
franchise agreements at a maximum of 25 years; and
WHEREAS, the prior franchise agreement was adopted on September 2, 1997, which
established the 25-year limitation date to be up to and including September 2, 2022, necessitating
a new franchise agreement by that date; and
WHEREAS, the City has been in negotiations on a new franchise agreement with
Recology South Valley (Recology), but was not able to reach agreement in time for the new, long-
term agreement to become effective before the end of the 1997 franchise agreement; and
WHEREAS, a franchise agreement is required to continue providing solid waste hauling
services, a state mandate, generating an urgent need to place a franchise agreement for solid waste
hauling services into effect; and
WHEREAS, the City and Recology entered into a short-term interim franchise agreement,
which lasts until December 31, 2022, to sustain this essential component of protecting the public
health while the negotiations completed on the new, longer-term franchise agreement; and,
WHEREAS, due to the time consumed for negotiations and finalization of the franchise
agreement, the normal process for adopting an ordinance and having the effectiveness of the
Ordinance No. 2022-09
Franchise Agreement w/ Recology (Urgency)
City Council Regular Meeting | November 21, 2022
Page 2 of 4
ordinance be 30 days after adoption would cause a period of time without solid waste collection
services, thereby generating an urgent need to place a franchise agreement for solid waste hauling
services into effect; and
WHEREAS, failure to have a franchise agreement in effect for any period of time would
cause garbage to accumulate within the City of Gilroy, which would cause a visual nuisance and
noxious odors, and which could attract vermin and other pests, contribute to pollution, and
facilitate the spread of disease-causing pathogens; and
WHEREAS, the City and Recology South Valley have negotiated a new exclusive
franchise agreement, attached as Attachment “A” and incorporated herein by reference, which
continues solid waste collection and disposal services as well as implementing the organics and
recycling requirements as imposed by adopted State law; and
WHEREAS, adopting this Ordinance is exempt from review under the California
Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3)
(Common Sense Exemption) in that the proposed ordinance will continue an existing state-
mandated program for the protection of public health and the environment, and none of the
circumstances in CEQA Guidelines Section 15300.2 apply.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION II
That the franchise agreement between the City and Recology South Valley, attached as Attachment
“A” is hereby adopted.
SECTION III
This urgency ordinance, pursuant to Gilroy City Charter, Article VI, Section 602, is hereby
declared by the City to be necessary as an urgent measure and shall take effect immediately and
be in full force and effect after its approval and adoption based on the following:
a. The City is required to provide solid waste hauling services for the protection of public
health and safety for reasons set forth in the recitals to the proposed franchise agreement,
and to meet legal obligations placed upon it by the State of California.
b. The provision of this service, as a utility, is to be provided by a franchise agreement as
indicated in the City Charter. The City Charter requires that the agreements must be
adopted by ordinance. The current interim franchise agreement ends on December 31,
2022. Based on the timing of effectiveness for the regular ordinance to be approved and
made effective, the interim agreement will end before the effectiveness of the traditional
ordinance on or after January 4, 2023.
Ordinance No. 2022-09
Franchise Agreement w/ Recology (Urgency)
City Council Regular Meeting | November 21, 2022
Page 3 of 4
c. The provision of services without a current franchise agreement is made a misdemeanor
by the City Charter, which would prevent the City’s current solid waste hauler from
providing its service to meet the City’s obligations relating to health, safety and general
welfare of the public beyond December 31, 2022, therefore creating a public health threat.
d. The City has an interim franchise agreement in place through December 31, 2022, and a
new one has completed negotiations, but its adoption will not be completed in time to be
effective before the end of the interim agreement. This urgency ordinance, which takes
effect immediately, allows the continuation of essential services until the same franchise
agreement adopted through the traditional ordinance process can be completed and become
effective.
SECTION IV
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed
and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitutional.
SECTION V
This Urgency Ordinance is adopted pursuant to Gilroy City Charter, Section 602. The City Clerk
shall certify to the adoption of this Urgency Ordinance and cause the same to be published in the
manner prescribed by law, and it shall become effective immediately upon its adoption.
Ordinance No. 2022-09
Franchise Agreement w/ Recology (Urgency)
City Council Regular Meeting | November 21, 2022
Page 4 of 4
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 21st
day of November 2022 by the following vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, LEROE-
MUÑOZ, MARQUES, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILTON
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Nov 22, 2022 11:18 PST)
Marie Blankley
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2022-09 is an original ordinance, or true and correct copy of a city Ordinance,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council
held Monday, November 21, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Monday, November 21, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)