(a) The city council finds and determines as follows:
(1) In order to meet the requirements of the California Integrated Waste Management Act of 1989 [Public Resources Code Section 40000, et seq.], including source reduction of the solid waste stream, diversion of solid waste from landfills, and conservation of natural resources, it is necessary to regulate the collection of solid waste from commercial/industrial and residential premises, and to encourage recycling of solid waste materials.
(2) The mandates of the Environmental Protection Agency, the Southern California Air Quality Management District, and other regulatory agencies, concerning air pollution and traffic congestion management, require the regulation and, where possible, reduction in the number of waste collection vehicles and vehicle trips which cause the discharge of air contaminants and create air pollution.
(3) A reduction in the number of waste collection vehicles using the city streets daily will reduce traffic hazards and congestion and promote safety.
(4) The storage, accumulation, collection and disposal of solid waste, including without limitation garbage, trash, debris and other discarded materials is a matter of substantial public concern in that improper control of these matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems adversely affecting the public health, safety and welfare.
(5) Regulation of the collection of garbage, refuse and other discarded materials from all residential, commercial and industrial properties within the city will provide the most orderly and efficient solution to these problems and will promote the public health, safety and welfare.
(6) The regulation of solid waste handling services in the city will also promote the public health, safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of those vehicles, and the reduction of spillage and litter on the public streets, by establishing responsibility for the cleaning of refuse bins and containers, and by providing for accountability to the public.
(7) The public health, safety and welfare will best be served by providing for one or more exclusive franchises for residential refuse collection services, and for commercial and industrial refuse collection services, subject to the limited continuation rights of certain existing collectors which are providing solid waste handling services pursuant to permits previously authorized by the city and which are qualified, under Public Resources Code Sections 49520 and 49521, to continue those services for up to five years following notice given pursuant to Section 49520. The five-year period expires on November 30, 1996.
(8) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (approved by the Governor of the State of California on September 29, 1989, which amended Section 11553, of and repealed Chapter 1 (commencing with Section 66700) of, Chapter 2 (commencing with Section 667770) of Article 1 (commencing with Section 66795), Article 2 (commencing with Section 66796.30) Article 3 (commencing with Section 66796.45), Article 4 (commencing with Section 66796.50) Article 5 (commencing with Section 66796.55) Article 6 (commencing with Section 66796.64), Article 7 (commencing with Section 66796.70, Article 8 (commencing with Section 66796.80), Article 9 (commencing with Section 66798) of, Chapter 3 of, and Chapter 4 (commencing with Section 66799) of Title 7.3 of the Government Code, repealed Chapter 1 (commencing with Section 4100), Chapter 1.5 (commencing with Section 4170), Chapter 2 (commencing with Section 4200), Chapter 2.5 (commencing with Section 4250), Chapter 2.6 (commencing with Section 4260), Chapter 2.7 (commencing with Section 4270), and Chapter 3 (commencing with Section 4300) of Part 2 of Division of Health and Safety Code, and added Division 30 commencing with Section 40000) to, and repealed Section 46811 of, Public Resources Code, and amended Sections 45002, 45009, 45051, 45151, 45855, 45901, 45981, and 45982 of the Revenue and Taxation Code, as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(9) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.
(10) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program.
(11) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.
(12) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 regulations. This ordinance will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.
(b) This chapter is enacted by the city council pursuant to, inter alia, the following statutory authorization and in order to accomplish the objectives set forth in this section:
(1) Public Resources Code Section 40059 authorizes the city to determine (i) all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services; and (ii) whether the services are to be provided by means of nonexclusive franchise, contract, license, permit or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit or otherwise, either with or without competitive bidding.
(2) Public Resources Code Section 49300 provides that the city may, pursuant to terms and conditions as may be prescribed by its legislative body, contract for the collection or disposal, or both, of garbage, waste, refuse, offal, trimmings or other refuse matter.
(3) Public Resources Code Section 49501 provides that the city may take action, whether by franchise, contract, license, permit or otherwise, whereby the city itself, or one or more other local agencies or solid waste enterprises is authorized or permitted to have the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the city.
(4) It is the intent of this chapter to set forth terms and conditions pursuant to which authorization may be granted by the city council to provide solid waste handling services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material.
(Ord. 976 § 2, 2021; Ord. 671 § 1 (part), 1992)