Ordinance No. 2022-13 | Franchise Agreement w/ Recology | Adopted 12/05/2022ORDINANCE NO. 2022-13
AN 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 limitation 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,
Ordinance No. 2022-13
Franchise Agreement w/ Recology
City Council Regular Meeting | December 5, 2022
Page 2 of 4
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
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 IV
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby
directed to publish this Ordinance or a summary thereof pursuant to Government Code Section
36933.
Ordinance No. 2022-13
Franchise Agreement w/ Recology
City Council Regular Meeting | December 5, 2022
Page 3 of 4
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 5th
day of December 2022 by the following vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Dec 6, 2022 10:02 PST)
Marie Blankley
Ordinance No. 2022-13
Franchise Agreement w/ Recology
City Council Regular Meeting | December 5, 2022
Page 4 of 4
ATTACHMENT A
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2022-13 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, December 5, 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, December 5, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)