1. Findings and Purpose. Section 46 of Article VII of the Petaluma City Charter provides that action to award city franchises be taken by ordinance unless the council takes action pursuant to a general law of the state. Approval of identical form non-exclusive franchise agreements for debris box collection by individual ordinance would be wasteful of public resources in that it would delay increased waste diversion, recycling and payment of franchise fees to the city and require repetitive city council proceedings. City council approval of non-exclusive franchise agreements and city manager execution of franchise agreements using a council-approved form document pursuant to this section is intended to meet the requirements of Section 46, Article VII of the Petaluma City Charter, provide for appropriate council oversight concerning the debris box non-exclusive franchise program, promote fiscal efficiency, preserve staff and council resources, and provide the necessary flexibility to maximize landfill diversion and promote re-use and recycling.

2. Approval by Resolution. In accordance with Section 46 of Article VII of the City of Petaluma Charter, the city council of the city of Petaluma may approve form non-exclusive debris box franchises by resolution.

3. Execution of Non-Exclusive Debris Box Franchises by City Manager. The city manager or his/her designee is authorized to execute on behalf of the city non-exclusive debris box franchise agreements; provided, that the terms of such agreements do not differ materially from a form franchise agreement previously approved by city council resolution, including any such resolution adopted prior to the enactment of this subsection. Modifications required to comply with state or federal law and/or changes in insurance requirements shall not constitute material differences for purposes of this section, but shall require approval of the city’s risk manager and city manager and be approved by the city attorney as to form.