A. It is hereby declared and determined that the business of collecting and subsequently transporting, transferring, disposing, or recycling of waste materials, kept or accumulated in the city, affects the health, safety, public welfare, and quality of life of the inhabitants of the city. The city further declares and determines that the business of collecting and disposing of waste materials is a public service and should be regulated by the city. The use of any public street or public property in connection with such business is of great concern to the city and should be regulated by the city. Therefore, it is the purpose of this chapter to provide such regulation.
B. It is further declared that the business of collecting of solid waste is a distinct marketplace from the business of moving, hauling, landscaping, and cleaning services, that may be occasionally augmented by waste removal or disposal, provided out of necessity to residents and businesses within the city, and generally offered by special businesses.
C. It is the further purpose of this chapter to regulate such business in order to ensure its orderly operation, and to minimize the adverse effects it may have on the local environment. It is also the purpose of this chapter to require compensation for the value of the franchise issued by the city.
D. It is the further purpose of this chapter to provide for the uniform regulation of commercial solid waste collection, removal, and transportation within the city.
E. It is the further purpose of this chapter to provide a mechanism to require the diversion of a sufficient portion of the commercial solid waste stream generated within the city to enable the city to meet the solid waste diversion requirements set forth in California Public Resources Code section 41780. It is the intent of the council in this regard to require all holders of commercial solid waste franchises to satisfy the diversion requirement of this chapter through the diversion of commercial solid waste that is being disposed of in solid waste facilities. It is the intent of the council in establishing a diversion requirement for the franchisee to take into account the existing diversion of recyclable materials by recycling businesses, brokers, and generators that would otherwise become solid waste. It is not the council's intent to allow franchise holders to satisfy this diversion requirement by assuming credit for materials that are not recognized by CalRecycle as recyclable materials or for the diversion of recyclable materials that are currently being diverted by other parties.
F. The city hereby elects to have the grant of franchises governed by this chapter, and any ordinances amending this chapter, and these provisions shall constitute the exclusive procedure applicable to the granting of franchises for conducting the business of collecting, transporting, or disposing of commercial solid waste materials. (Ord. 2021-0003 § 15)