Pursuant to the collector agreements by and between the city and authorized collectors, as defined in Chapter 8.10, the city may elect in its sole discretion to enact an exclusive franchise for the geographic area within the city that is bounded by the south side of Palm Avenue, the north side of Olive Avenue, the east side of Primrose Avenue, and the west side of Ivy Avenue.
   (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; and
   (B)   The California Integrated Waste Management Act of 1989 (the “Act” sometimes referred to as “AB 939”) 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; and
   (C)   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 the Act; and
   (D)   Pursuant to the Act, the city is authorized to determine aspects of solid waste handling which are of local concern, and the means by which solid waste 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; and
   (E)   Chapter 8.10 of this code institutes standards for the establishment of an exclusive or non-exclusive system to provide commercial and industrial solid waste collection, recycling and disposal services; and
   (F)   The City Council of the city determines and finds that public health, safety and well-being, aesthetic appearance and cost-efficiency require that an exclusive franchise be granted to a qualified solid waste enterprise for commercial and industrial solid waste collection, recycling and disposal services for commercial and industrial customers within the franchise area.
(`83 Code, § 8.11.010)  (Ord. 99-05 § 5, 1999; Ord. 2012-03 § 4, 2012)