HomeMy WebLinkAboutPosted 08/15/2022 | Public Notice - Summary Ordinance Adoption - Adopting a Short-Term Interim Franchise Agreement with Recology South Valley for Solid Waste Hauling ServicesPROOF OF PUBLICATION
Adoption of
(2015.5 C.C.P.)
Ordinance No.
2022-08
STATE OF CALIFORNIA
CITY OF GILROY CITY COUNCIL
County of Santa Clara
NOTICE OF ORDINANCE
ADOPTION
ORDINANCE NO.2022-OB
I am a resident of the State of California and
AN URGENCY ORDINANCE OF
over the age of eighteen years, and not a
THE CITY COUNCIL OF THE
CITY OF GILROY ADOPTING
party to or interested in the above entitled
ASHORT-TERMINTERIM
FRANCEEMENT
matter.
WITH RECOLOGY SOUTH
VALLEY FOR SOLID WASTE
HAULING SERVICES AND A
FINDING THAT ITS ACTION IN
I am the principal clerk of the publisher of the
ADOPTING THE ORDINANCE
Gilroy Dispatch, published in the city of Gilroy,
IS EXEMPT FROM REVIEW
UNDER THE CALIFORNIA
County Of Santa Clara, State of California,
ENVIRONMENTAL QUALITY
ACT CEQA") PURSUANTTO
Friday, and on line for which Said
CEQA GUIDELINES SECTION
15G61(B)(3) (COMMON SENSE
newspaper has been adjudicated a newspaper
EXEMPTION) IN THAT THE
PROPOSED ORDINANCE WILL
of general circulation by the Superior Court
CONTINUE AN EXISTING
of the County of Santa Clara, State of
STATE -MANDATED PROGRAM
FOR THE PROTECTION OF
nder the date of June 10
California,r r
PUBLIC HEALTH AND THE
ENVIRONMENT, AND NONE OF
1961, Action Number 80709, that the
THE CIRCUMSTANCES IN CEQA
GUIDELINES SECTION 15300.2
notice of which the annexed is a printed copy
APPLY
had been published in each issue thereof and
WHEREAS, the City of Gilroy (City)
not in any supplement on the following
is a municipal corporation, duly
organized under the constitution
date(s):
and laws of the State of California;
and
WHEREAS, pursuant to California
December 2, 2022.
Constitution Article Xl. Section 7.
and the City Charter, Section 600,
the City Council has the authority
to enact ordinances which
I, under penalty of perjury, that the foregoing
promote the public health. safety
is true and correct. This declaration has been
and general welfare of its residents,
including sanitation ordinances
executed on December 2, 2022.
and regulations: and
WHEREAS, the provision of
sanitary solid waste hauling
GILROY DISPATCH
services is an essential component
to protecting public health,
7455 MONTEREY ROAD
safety, and welfare, and is a state
GILROY, CA 95020
mandated service: and
WHEREAS. solid waste hauling
services arecontracted through
an exclusive franchise agreement,
and enacted pursuant to Article
XI I I ofthe City Charter entitled
"Franchises":and
rs-/ Juliana B. Pulcrano /
WHEREAS, Section 1302 of Article
Legal Publications Specialist
XI [I of the City Charter places
Gilroy Dispatch, Morgan Hill Times
a term limitation on franchise
agreements at a maximbm of25
Hollister Free Lance
years;and
WHEREAS, the existing franchise
agreement was adopted on
Phone # (408) 709 3952
September2.1997, which
establishes the 25-year limitation
E-mail: ipulcranona newsvmedia.com
date to be up to and including
September2,2022, necessitating
Website: www.ailroydisr)atch.com
a new franchise agreementby that
date;and
C�-
WHEREAS, the City has been in
a. The City Council finds that
negotiations on anew franchise
the City is required to provide
agreement with Recology South
solid waste hauling services for
'v'eifty. tit 6k6-,&. #,,s;:2(e, ed
the protection of public health
a formal agreement which is
and safety for reasons set forth
inclusive of all the additional duties
in the recitals, and to meet legal
and requirements of recent state
obligations placed upon it by the
legislation regarding organics and
State of California in furtherance of
recycling:and
thesetwoessential needs. .
WHE". a franchise agreement
b. The City Council finds that the
is requireo:,continue providing
provision of this service, as a utility,
solid waste hauling services. a
is to be provided by a franchise
state mandate, generating an
agreement as indicated in the
urgent need to Place franchise
City Charter. The City Charter
agreement for solid waste hauling
limits franchise agreements to 25
servicesintoeffect; and
Years, of which the Cityscurrent
franchise agreement will reach
WHEREAS, failure to have a
the25-year limit on September2,
franchise agreement in effect for
2022. before the next City Council
any period of time would cause
meeting, and before a regular
garbage to accumulate within the
ordinance authorizing an exclusive
City of Gilroy, which would cause a
franchise agreement can be in
visual nuisance and noxious odors,
effect. Fnalizingnegobations of
and which could attract vermin
a franchise agreement has been
and other pests, contribute to
delayed by the negotiation of terms
pollution. and facilitate the spread :
and conditions implementing
of disease -causing pathogens: and !
the organics and recycling
WHEREAS, the City and Recology
requirements as imposed by
recently adopted State law.
South Valley have developed
a short-term interim exclusive
franchise agreement, attached
C. The City Council finds that the
as
Attachment'A-and incorporated
provision of services Without
current franchise agreement is
herein by reference, which retains
made a misdemeanor by the City
essential services while a new
franchise agreement is finalized
- Charter, which would prevent the
's
and begins the first phase of
City current solid waste hauler
from providing its serviceto meet
implementingthe organics
! the City'sobligations relating to
and recyclingrequirementsas
health, safetyandgeneral welfare
imposed byrecently adopted State
law;and
! of the public beyond September2,
-
2022. therefore creating a public
WHEREAS, adopting this
healththreat.
Ordinanceisexemptfromreview
under the California Environmenfa4
d.The City Council finds that the
�ualityAN r'•rcnq-.
City has a franchise agreement
PG_j. allt
inplace,andanewoneisbein
to :En .,Guidelines Section
negotiated, butwill not be ready
15061(b)(3)(Common Sense
In time for adoption as this
Exemption) in that the proposed
urgency ordinance agreement,
ordinancewillcontinue an existing
necessitating the short-term
state -mandated program for the
interim agreement proposed,
protection of public health and
and this ordinance to take effect
the environment, and none of the
immediately to complete the
circumstances in CEQA Guidelines
franchise agreement process to
Section 15300.2apply.
continue essential services during
the intervening time until the
NOW, THEREFORE, THE CITY
negotiated franchise agreement
COUNCIL OF THE CITY OF
can be finalized.
GILROY DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION IV
If any section, subsection,
SECTION
sentence. clauseor phraseof this
The foregoing recitals are true
Ordinance is for any reason held to
and correct and are incorporated
be invalid orunconstitutional, such
hereinbythisreference.
decision shall not affect the validity
of the remaining portions of this
SECTION II
ordinance. The City Council of the
Thatthe short-term interim
City of Gilroy hereby declares that
franchise agreement between the
it would have passed and adopted
City and Recology South Valley,
this ordinance, and each section.
attached as Attachment "A"is
subsection, sentence, clause or
hereby adopted.
phrase hereof, irrespective of the
fact that any one or more sections,
SECTION III
subsections, sentences, clausesor
This urgency ordinance, pursuant
phrases maybe declaredinvalidor
to Gilroy City Charter, Article VI,
unconstitutional.
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 basedon the
following:
SECTION V
This UrgencyOrdinance 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.
PASSED AND ADOPTED BY
THE COUNCIL OF THE CITY OF
GILROY this 15th day of August,
2022 by the following vote:
AYES:
COUNCILMEMBERS:
ARMENDARIZ, BRACCO. HILTON.
LEROE-MUNOZ, MARQUES,
TOVAR,BLANKLEY
NOES:
COUNCIL MEMBERS: NONE
ABSTAIN:
COUNCIL MEMBERS: NONE
ABSENT -
COUNCIL MEMBERS. NONE
APPROVED:
/s/ Marie Blankley, Mayor
ATTEST.
/s/ Thai Nam Pham, City Clerk
(Pub GD12/2)
aj'�-