Attachment No. 2
Ordinance No. 4323
November 21, 2022
ORDINANCE NO. 4323
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POMONA, CALIFORNIA, AWARDING AN EXCLUSIVE FRANCHISE
AGREEMENT TO ARAKELIAN ENTERPRISES, INC. DBA ATHENS
SERVICES FOR RESDIENTAL AND COMMERCIAL SOLID WASTE,
RECYCLABLE MATERIALS, AND ORGANIC WASTE COLLECTION
SERVICES
WHEREAS, Article XIII of the Pomona City Charter sets fo rth the procedure for the award of franchises; and
WHEREAS, Article VI of the Pomona City Code, Sections 62 -741 and 62-742 sets forth the requirements and procedures, res pectively, for awarding a franchise for the collection and disposal and/or diversion of solid waste or recyclable solid waste from all or any portion of the multifamily, residential, commercial, industrial, or institutional premises in the City; and WHEREAS, on December 16, 2021, the City posted a Request for Proposals (RFP) on the City’s bidding platform, Planet Bids, to receive proposals, and evaluate potential refuse haulers for the determination of whether to keep residential solid waste in -house or outsource the service to an exclusive waste hauler who would handle both residential and commercial services; and
WHEREAS, four proposals were submitted by solid waste haulers with three (3) meeting the filing deadline and minimum requirements as set forth in Pomona City Code Section 62-746; and
WHEREAS, on October 17, 2022, the City Council approved the adoption of Resolution No. 2022 -194 declaring its intent to award an exclusive franchise agreement to Arakelian Enterprises, Inc. dba Athens Services for the residential and commercial solid waste, recyclable materials, and organic waste collection services for an initial 10 -year term with two optional 5 - year extensions, and also set a future public hearing date to introduce a solid waste franchise ordinance to take place on November 21, 2022; and
WHEREAS, a notice of public hearing for the award of an exclusive franchise agreement to Arakelian Enterprises, Inc. dba Athens Services for the residential and commercial solid waste, recyclable materials, and or ganic waste collection services for an initial 10 -year term with two optional 5-year extensions has been published in the Inland Valley Daily Bulletin setting the time and date of the public hearing for November 21, 2022, at 7:00 p.m. in the Pomona City Co uncil Chambers.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pomona as follows:
Attachment No. 1
Ordinance No. 4323
November 21, 2022
SECTION 1 . That in accordance with Pomona City Charter Article XIII , which sets forth the procedure for approving franchises, a duly noticed public hearing has been conducted in consideration of awarding an exclusive franchise for residential and commercial solid waste, recyclable materials, and organic waste collection services to Arakelian Enterprises, Inc. DBA Athens Services for an initial 10-year term with two optional 5-year extensions.
SECTION 2. Pursuant to the provisions set forth in the Pomona City Code, Article VI of the Pomona City Code, (Solid Waste Franchises), an exclusive franchise for residential and commercial solid waste, recyclable materials, and organic waste collection services, for an initial 10-year term with two optional 5 -year extensions, is hereby awarded to Arakelian Enterprises, Inc. DBA Athens Services , subject to the terms and conditions of the exclusive franchise agreement.
SECTION 3 . Tha t the City Manager is hereby authorized to execute the exclusive franchise a greement for Residential and Commercial Solid Waste, Recyclable Materials, and Organic Waste Collection Services.
SECTION 4. The City Clerk shall certify to the adoption of this ordinance, causing it to be posted as required by law, and it shall thereupon become effective thirty (30) days after its adoption.
APPROVED, PASSED and ADOPTED this 21st day of November, 2022.
CITY OF POMONA:
_____________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
Attachment No. 1
Ordinance No. 4323
November 21, 2022
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I, ROSALIA A. BUTLER, MMC, CITY CLERK of the City of Pomona do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Pomona held on November 21 , 2022 and was adopted at second reading at a regular meeting of the City Council of the City of Pomona held on December 5, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________
Rosalia Butler, City Clerk