Chapter 30.30
RESIDENTIAL HAULER REQUIREMENTS
Sections:
30.30.020 Public hearing requirements.
30.30.030 Application expenses.
30.30.040 Resolution of intention to grant a franchise.
30.30.050 Public hearing requirements and grant of contract.
30.30.060 Duty to maintain books.
30.30.070 Liability for damages to the City or for operating without a contract.
30.30.080 Recyclable material.
30.30.090 Exceptions to grant of franchise.
30.30.010 Franchise required.
No person or entity shall engage in the business of collecting, transporting, or disposing of any solid waste kept or accumulated in the City unless authorized to do so under and by virtue of a contract with the City. The City may, in its discretion, enter into a contract with any person or entity thereby authorizing such person or entity to engage in the business of collecting, transporting, and disposing of solid waste produced, kept, or accumulated in the City. Each and every such contract shall describe the terms, conditions, restrictions, and limitations as may be deemed necessary or convenient for the preservation, protection, or enhancement of the public peace, health, safety, and general welfare; provided, that no contract shall be granted without reserving to the City adequate compensation for the privilege conferred. Any person or entity entering into such a contract shall be deemed as the City’s “designee” for the purposes of fulfilling certain requirements of SB 1383 as allowed in 14 CCR 18981.2(b). Specific requirements to be fulfilled by any given designee shall be included as a requirement within the franchise agreement. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.30.015 Grant of franchise.
The procedure to obtain a contract granting a franchise, or an amendment thereto, under this chapter shall be as follows:
A. Any person or entity desiring an amendment to an existing franchise contract solely for a change in the collection rates contained therein and pursuant to the terms and conditions of said contract shall obtain such amendment by following the procedures as set forth in that contract. The City shall consider such an amendment pursuant to the terms of the contract. No public hearing shall be required unless expressly provided for in such contract and the procedures included in this chapter shall be inapplicable to the extent inconsistent with the contract.
B. Any person or entity desiring to obtain a franchise contract or an amendment to an existing franchise contract, except as set forth in subsection (A) of this section, shall apply for a franchise contract, which includes an amended franchise contract or amendment to a franchise contract, for the purpose of providing certain services that the applicant seeks permission from the City to supply relating to collecting, transporting, or disposing of solid waste in the City. The applicant shall apply by filing with the City an application to provide such services. Such application shall include the following:
1. The name and address of the applicant as well as the principal officers and directors of the applicant if the applicant is not a natural person;
2. The service that the applicant proposes to provide, the cost of such service, and the terms and conditions of such service;
3. The term for which the applicant desires to engage in business;
4. Any proposed compensation to be paid by the applicant to the City for the value of the contract and/or its costs to the City;
5. An assurance satisfactory to the City Manager that the services proposed do not conflict with the operative provisions of any existing exclusive franchise contract; and
6. Any other information required by the City Manager to evaluate the applicant’s qualifications, experience, and financial ability to provide such service. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.30.020 Public hearing requirements.
A. Upon receipt of an application by the City Council, the City Council must notice and provide a public hearing whenever it finds that the application for a solid waste contract is completed to its satisfaction, except under the following conditions:
1. The City Council determines that the application cannot be approved as applied for without conflict with the operative provisions of an existing exclusive franchise contract; or
2. The applicant does not advance fees required after having been given not less than thirty (30) days’ written notice to do so.
B. If the City Council is relieved from the requirement to provide a hearing due to the exceptions set forth in subsection (A) of this section, the application shall be deemed rejected and no contract shall be awarded on the basis of such application. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.30.030 Application expenses.
Applicant for a contract shall pay to the City a fee in the form of a sum of money sufficient to reimburse the City for all expenses in connection with the processing of the application, which may include, but are not limited to, publication expenses, staff time, and consultant costs. Said fee shall be set by resolution of the City Council. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.30.040 Resolution of intention to grant a franchise.
A. When a public hearing is required pursuant to EGMC Section 30.30.020, the City Council may pass a resolution of intention to grant a franchise, which:
1. States the character of the proposed franchise contract;
2. Sets forth a notice of the day, hour, and place when and where all persons having an interest in granting the contract may appear before the City Council and be heard thereon; and
3. Directs the City Clerk to publish the notice at least once (1) within fifteen (15) days after the passage of the resolution in a newspaper of general circulation within the City.
B. Time fixed for the hearing shall be not less than twenty (20) days or more than sixty (60) days after the date of passage of the resolution. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.30.050 Public hearing requirements and grant of contract.
A. At the time set for the public hearing for consideration of a pending application for a franchise contract, if such a hearing is required under this chapter, the City Council shall:
1. Consider the applicant’s ability to carry out the service proposed to be provided by the contract, the financial and business experience and standing of the applicant, and any other pertinent factors, including the public interest served; and
2. Hear the application and the comments of interested persons.
B. The City Council may adjourn the public hearing from time to time at the City Council’s discretion.
C. Following the conclusion of the hearing, the City Council shall decide if the franchise contract shall be granted.
D. A person or entity’s acceptance of a franchise by entering into a franchise contract with the City under the provisions of this chapter shall constitute an abandonment of all of that person or entity’s prior and/or preexisting franchises, rights, and privileges in lieu of which the contract is granted, except as expressly provided in such franchise contract.
E. If the City Council’s proffered franchise contract is not accepted by the applicant by execution within ten (10) days of the City Council’s decision to enter into the contract to grant the franchise, the City Council’s offer shall be deemed revoked, and the application shall be deemed denied. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.30.060 Duty to maintain books.
Any person or entity holding the privilege granted by a franchise contract pursuant to this chapter shall keep and maintain such books and records as may be required by the City Council as part of said contract. The City, or a designated representative, shall have free access and the right at any time to inspect and audit any books and records required to be maintained by the person or entity holding the privilege granted under this chapter and for a period of three (3) years following the expiration or termination of the franchise, whichever occurs first. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.30.070 Liability for damages to the City or for operating without a contract.
A. The grantee of a franchise contract under this chapter shall be liable to the City for all damages proximately caused or resulting from the failure of the grantee to faithfully observe and perform any provisions of such contract and/or any provision of this chapter. If legal proceedings are necessary to enforce the provisions of the contract against any grantee of said contract, said grantee shall be liable for the value of the services of attorneys and of other personnel as well as the expenses of the City that are necessary to gain compliance.
B. Any person or entity providing services consisting of collecting, transporting, or disposing of solid waste in the City, with the exception of recyclables sold at fair market value as allowable by EGMC Section 30.20.010(F)(4), without the benefit of a duly executed contract with the City shall be subject to criminal prosecution for violation of this chapter and shall be liable to the City for the value of the services of attorneys, other personnel, and expense of the City. Such person shall also be liable for the fees the City would have been entitled to if said person had been the duly authorized residential hauler under contract with the City. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.30.080 Recyclable material.
A. Recyclable material set out for collection by the residential hauler shall become the property of the residential hauler, the City, the City’s authorized recyclable materials collector, or a person expressly authorized by the owner or occupant of the properties served; only these persons/entities shall have the exclusive right to said recyclable material.
B. Various properties and facilities may be approved from time to time by the City in accordance with the rules and regulations as authorized locations for the deposit of recyclable materials. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]
30.30.090 Exceptions to grant of franchise.
A. The rights and privileges granted in the residential franchise agreement to the franchised residential hauler shall in no way prevent or restrict the City or other parties from doing the following:
1. Residential generators may self-haul or remove solid waste in their own vehicles, if approved for a self-haul exemption pursuant to EGMC Section 30.20.020.
2. A person or entity who generates solid waste at a residential premises as incidental to that person’s or entity’s primary service and who does not separately itemize the removal costs as a solid waste hauling service may haul the incidental solid waste from that premises. Examples include, but are not limited to:
a. Hired construction contractors or subcontractors hauling solid waste, such as construction and demolition debris they generate in the course of providing construction or demolition services at the residence, excluding any debris generated by the resident;
b. Hired gardeners or landscapers hauling green waste they generate in the course of providing services; or
c. Retail businesses hauling furnishings from the residence following the delivery of comparable new merchandise.
3. When emptying a house for an estate sale, performing a large-scale cleanup of a residential property, or performing renovations, residential generators may discard solid waste, including bulky waste, in bins, roll-off containers or any container other than carts when the residential generator subscribes to roll-off service from a commercial hauler authorized to provide solid waste service in the City pursuant to EGMC Section 30.50.010.
4. A business located in a residential premises may subscribe to commercial service in dumpsters; provided, that there is sufficient space available for all containers required and that such containers can be stored pursuant to EGMC Section 30.20.030(D).
5. Residential generators may donate or sell recyclable or salvageable materials, other than edible food pursuant to subsection (A)(6) of this section, that has been generated and segregated by such parties from other materials to any party of their choice; provided, that such sale or donation is a true sale or donation.
6. Residential generators may donate or give away edible food for the purposes of food recovery regardless of whether the residential generator pays a fee to the other person or entity to collect or receive the edible food.
7. Other permitted entities may haul and dispose of septic tank, sand trap and grease trap contents.
8. The City’s street cleaning service may provide the collection of garbage in connection with its service.
9. Any other service that is not specified in this chapter that normally would be considered to fall within the franchised residential hauler’s services, and that the contractor explicitly waives its right to provide, may also be provided with written notice to the City.
10. The provisions of this chapter shall not preclude or prohibit the City, utilizing its own forces, or any officer or employer thereof, from collecting, removing, and disposing of solid waste from the City’s facilities, or preclude or prohibit the State, utilizing its own forces, from collecting, removing, and disposing of solid waste from the State’s facilities respectively. [Ord. 27-2021 §3 (Exh. A), eff. 11-26-21]