COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

 

DATE:

September 23, 2009

BOARD MEETING DATE:

October 6, 2009

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Repeal of Outdated Ordinance on Trash Collection Franchises

 

RECOMMENDATION:

Adopt an Ordinance repealing Section 4.04.130 of Chapter 4.04 of Title 4 of the San Mateo County Ordinance Code.

 

BACKGROUND:

Chapter 4.04 of the Ordinance Code addresses “Garbage Collection and Disposal.” Many of the sections in Chapter 4.04 were enacted more than forty years ago, prior to the enactment of the California Integrated Waste Management Act of 1989. We recently had occasion to refer to Chapter 4.04 in connection with our preparation of the new agreement for the award of a trash collection franchise, which is expected to come to the Board of Supervisors on October 20, 2009. Our review led us to learn that section 4.04.130, which was adopted in 1964, is outdated and is inconsistent with current state law.

 

DISCUSSION:

Section 4.04.130 addresses award of franchises for refuse collection services, and refers to Health and Safety Code sections 4200 and 4204. Those Health and Safety Code sections were repealed in 1989, when the California Integrated Waste Management Act was enacted. However, the Ordinance was not amended to reflect the change. The outdated statutory references give the incorrect impression that bidding is required to award a franchise for trash collection, when, in fact, state law enacted in 1989 says that a franchise for trash collection can be awarded either with or without competitive bidding.

 

Public Resources Code section 40059 authorizes the Board to award trash collection franchises, so section 4.04.130 is superfluous.

 

We will be reviewing all of Chapter 4.04 and proposing amendments over the next several months. However, it is appropriate to repeal section 4.04.130 at this time, as the agreement for the new trash collection franchise will be presented to the Board at its next meeting.

 

This action will make changes consistent with state law, thereby enabling the County to benefit from the large-scale procurement process that was conducted by SBWMA over the past several years.

 

An Ordinance repealing section 4.04.130 of Chapter 4.04 of Title 4 of the San Mateo County Ordinance Code has been approved as to form by County Counsel.

 

Adoption of this action contributes to the Shared Vision 2025 outcome of an Environmentally Conscious Community by providing an efficient means to award a franchise for trash collection, which will establish uniform service levels and rates in the unincorporated areas of the County.

 

FISCAL IMPACT:

There is no fiscal impact.