§ 6-3.16. Fees, franchises, and licenses.

Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code Sections 41900 et seq., the City may set rates and charges for discards collection. Such fees may include charges for collection, landfills, recovery of recyclables, composting, and may include costs of preparing and implementing source reduction and recycling elements and integrated waste management plans. The City may determine to collect all or part of such charges on the tax roll, or by such other means as the Council may elect, whether or not delinquent.

(a)

The City Council may award one or more franchises for discards collection from all or a portion of residential properties in the City. Any such franchise shall be granted by the City Council upon a determination that the public convenience and necessity are served by the award of a franchise. The franchise shall be granted on such terms and conditions as the City Council shall establish in its sole discretion. At a minimum, the franchise shall provide as follows:

(1)

Residential collection rates by categories (e.g., single-family and multifamily).

(2)

A franchise fee to be paid to the City for a residential franchise of not more than eight (8%) percent of gross revenues.

(3)

The collector shall be required to cooperate with City in solid waste generation studies, waste stream audits, public education, and to implement measures to achieve the City's solid waste goals.

(b)

The City Council may award one or more franchises for discards collection from commercial (including industrial, governmental, institutional, and all other nonresidential) and multifamily residential properties. Such franchises shall be granted by the City Council upon a determination that the public convenience and necessity are served by the award of the franchise. The franchise shall be granted on such terms and conditions as the City Council shall establish in its sole discretion. At a minimum, the franchise shall provide as follows:

(1)

Commercial and multifamily residential collection rates set according to different classes of commercial and multifamily residential rates, based on volume, frequency of collection, and waste stream composition.

(2)

A franchise fee for commercial and multifamily residential franchises of not more than eight (8%) percent of gross revenues.

(3)

Collector franchisees shall be required to cooperate with City in solid waste generation studies, waste stream audits, public education, and implementing measures to achieve the City's solid waste reduction goals.

(c)

The City Council may award one or more franchises for collection of demolition and construction debris. Such franchises shall be granted by the City Council upon a determination that the public convenience and necessity are served by the award of the franchise. The franchise shall be granted on such terms and conditions as the City Council shall establish in its sole discretion. At a minimum, the franchise shall provide as follows:

(1)

Demolition and construction debris rates set according to different classes of demolition and construction debris, based on volume, frequency of collection, and waste stream composition.

(2)

A franchise fee for demolition and construction debris franchises of not more than eight (8%) percent of gross revenues.

(3)

Collectors shall be required to cooperate with City in solid waste generation studies, waste stream audits, public education, and implementing measures to achieve the City's solid waste goals.

(d)

The City Council may award one or more franchises for hazardous waste collection from commercial (including industrial, governmental, institutional, and all other nonresidential) properties. Such franchises shall be granted by the City Council upon a determination that the public convenience and necessity are served by the award of the franchise. The franchise shall be granted on such terms and conditions as the City Council shall establish in its sole discretion.

(e)

No person shall construct or operate a solid waste management facility including but not limited to a materials recovery facility, landfill, composting facility, or buy-back recycling center without a license issued by the City, upon satisfying all City requirements for land use and other approvals. Fees for such licenses shall be set by the City Council.

(f)

At such times as one or more franchises for collection covering all or part of the City are in force, it shall be unlawful for any person other than the franchisee or its agents and employees to collect any franchised materials for hire from premises covered by the franchise.

(§ 1, Ord. 792, eff. April 15, 1993)