The City Council finds and determines as follows:
(A) The city is empowered under California Constitution Section 7 of Article XI to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws. The California Integrated Waste Management Act of 1989 (Cal. Public Resources Code §§ 40000 et seq.) requires the city to divert, through a combination of source reduction and recycling programs, 50% of its solid waste from landfill disposal by the year 2000.
(B) Uniformity in the type and frequency of collection services, means of collection and transportation, type of equipment used, and the nature, location, reporting information and extent of providing solid waste collection services within the city are vital for compliance with statutory requirements set forth by this legislation. Pursuant to the Cal. Public Resources Code, the city is authorized to determine aspects of solid waste handling which are of local concern and the means by which such services are to be rendered under terms and conditions prescribed by the City Council by resolution or ordinance, including the provision of commercial and industrial solid waste collection and disposal services on an exclusive or non-exclusive basis.
(C) Pursuant to the Cal. Public Resources Code, the City Council has determined that public health, safety and well-being require that exclusive or non-exclusive franchises be granted to qualified collectors for solid waste collection, recycling and disposal services for all commercial and industrial customers within the city not serviced under a franchise. In March, 1992, all waste haulers servicing commercial/industrial customers in the city received a five-year notification via certified mail that the city intended to adopt either an exclusive or non-exclusive system in the future.
(`83 Code, § 8.10.010) (Ord. 97-01 § 1, 1997; Ord. 2000-26, § 1, 2000; Ord. 2011-07, § 4, 2012)