File #: ORD 24-032    Name: Waive Reading for Solid Waste Franchise Agreement Standards Ordinance
Type: Ordinance Status: Health Department - Consent
File created: 10/14/2024 In control: Board of Supervisors
On agenda: 10/22/2024 Final action: 10/22/2024
Title: a. Introduce, waive reading, and set November 12, 2024 at 10:30 a.m. as the date and the time to consider adoption of an ordinance amending Section 10.41.090 of the Monterey County Code outlining the County of Monterey’s solid waste franchise agreement standards; and b. Find the action is categorically exempt under California Environmental Quality Act Guidelines section 15378(b)(5). (REVISED VIA SUPPLEMENTAL)
Attachments: 1. Board Report, 2. Revised Board Report, 3. Attachment 1. Proposed Ordinance Redline Copy, 4. Attachment 2. Proposed Ordinance Clean Copy
Title
a. Introduce, waive reading, and set November 12, 2024 at 10:30 a.m. as the date and the time to consider adoption of an ordinance amending Section 10.41.090 of the Monterey County Code outlining the County of Monterey’s solid waste franchise agreement standards; and
b. Find the action is categorically exempt under California Environmental Quality Act Guidelines section 15378(b)(5). (REVISED VIA SUPPLEMENTAL)

Report
RECOMMENDATION:
It is recommended that the County of Monterey Board of Supervisors:
a. Introduce, waive reading, and set November 12, 2024, as the date to adopt an ordinance of the County of Monterey, State of California, amending Section 10.41.090 of the Monterey County Code outlining the County’s Solid Waste franchise agreement standards; and
b. Find the action is categorically exempt under CEQA Guidelines section 15378(b)(5).

SUMMARY:
The proposed ordinance amends Section 10.41.090 of the Monterey County Code, which outlines the County’s solid waste franchise agreement standards. Specifically, the amendment removes the limitation that the Board of Supervisors may only approve a franchise agreement, or renew a franchise agreement, after an open and competitive process for the award of a franchise agreement. Public Resources Code section 40059 allows local governmental agencies to determine whether competitive bidding must be required for solid waste handling. As such, this ordinance removes the competitive bidding requirement as permitted under Public Resources Code section 40059(a)(2).

DISCUSSION:
On June 25, 2024, the Board of Supervisors received a summary report of the analysis and recommendations regarding the Unified Franchise Agreement for solid wase collection and hauling in the unincorporated areas of Monterey County. The Board directed staff to move forward with contract negotiations to extend the UFA with the current franchisee, Waste Management, Inc. for ten years.

Monterey County Code Section 10.41.090 addresses the...

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