File #: ORD 24-034    Name: Solid Waste Franchise Agreement Standards Ordinance
Type: Ordinance Status: Health Department - Consent
File created: 10/18/2024 In control: Board of Supervisors
On agenda: 11/12/2024 Final action:
Title: 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. Proposed California Environmental Quality Act (CEQA) Action:  Find that the adoption of this ordinance is categorically exempt per Section 15378(b)(5) of the CEQA Guidelines because it is an administrative activity that will not result in direct or indirect changes to the environment.
Attachments: 1. Board Report, 2. Attachment 1. Proposed Ordinance Redline Copy, 3. Attachment 2. Proposed Ordinance Clean Copy
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Title

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.

Proposed California Environmental Quality Act (CEQA) Action:  Find that the adoption of this ordinance is categorically exempt per Section 15378(b)(5) of the CEQA Guidelines because it is an administrative activity that will not result in direct or indirect changes to the environment.

Report

RECOMMENDATION:

It is recommended that the County of Monterey Board of Supervisors:

a. Find that the adoption of this ordinance is categorically exempt per Section 15378(b)(5) of the CEQA Guidelines because it is an administrative activity that will not result in direct or indirect changes to the environment; and  

b. Adopt an ordinance to amend Sections 10.41.090 of the Monterey County Code outlining the County’s Solid Waste franchise agreement standards.

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, to remove the requirement 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 (UFA) for solid waste 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 fr...

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