Ordinance 3299CITY OF ALAMEDA ORDINANCE NO. 3299
New Series
ORDINANCE APPROVING FRANCHISE AGREEMENT BETWEEN
CITY OF ALAMEDA AND ALAMEDA COUNTY INDUSTRIES AR, INC.
WHEREAS, Section 21-20.1 of the Alameda Municipal Code authorizes the City
Council of the City of Alameda to enter into franchise agreements for the collection,
processing and/or disposal of solid waste, recyclable materials, and organic materials
collection from residential and commercial premises; and
WHEREAS, the City of Alameda ("City") is currently a party to a franchise
agreement with Alameda County Industries AR, Inc. ("ACI") that provides for the
collection, transportation and processing of the City's municipal solid waste, recycling and
organics; and
WHEREAS, the current franchise agreement with ACI expires in October 2022;
and
WHEREAS, on February 18, 2020, the City Council approved a two-step
procurement process in which sole source negotiations would be initiated with ACI; and
WHEREAS, City staff has negotiated with ACI the terms of a new franchise
agreement and such an agreement has been presented to the Council at its May 4, 2021
meeting; and
WHEREAS, Charter Section 3-10 requires all grants of franchises to be
established by Ordinance; and
WHEREAS, the City Council is familiar with the contents of this Franchise
Agreement; and
WHEREAS, it is in the public interest that said agreement be entered into.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALAMEDA that:
Section 1. The Franchise Agreement between the City of Alameda and Alameda
County Industries AR, Inc. that has been presented to the City Council at its May 4, 2021
meeting and attached to this Ordinance is hereby approved. The franchise hereby
granted by the City authorizes ACI, subject to all of the terms and conditions contained in
this Ordinance, the Franchise Agreement, the Alameda Municipal Code, and all
applicable local, state and federal law, rules and regulation, to provide collection,
processing and/or disposal of solid waste, recyclable materials, and organic materials
collection from residential and commercial premises within the City.
Section 2. The City Manager of the City of Alameda or his designee is hereby
authorized to execute, for and on behalf of the City of Alameda, the Franchise Agreement
between the City of Alameda and Alameda County Industries AR, Inc., substantially
consistent with the attached Franchise Agreement and approved above, for the collection,
transportation and processing of solid waste, recyclable materials and organic materials,
and the City Clerk is hereby authorized and directed to attest to the same.
Section 3. Any provision of the Alameda Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
Section 4. If any section, subsection, sentence, clause or phrase of this ordinance
if, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
of the City of Alameda hereby declares that it would have passed this ordinance, and
each section, subsections, clause, or phrase hereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses and phrases are declared to be invalid
and unconstitutional.
Section 5. This ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
I
Presidiix� Offiof the City Ceiuncil
Attest:
Lara Weisiger, City Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 18th day of May 2021, by the following vote to wit:
AYES: Councilmembers Knox White, Vella and Mayor Ezzy Ashcraft
— 3.
NOES: Councilmembers Daysog and Herrera Spencer — 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 19th day of May 2021.
Lara Weisiger, City blerk
City of Alameda
Approved as to Form:
Yibin Shen, City Attorney
City of Alameda