A. All applications for franchises pursuant to this chapter must be in writing, including in electronic format, and filed with the solid waste manager.
B. A franchise application fee is required with the submittal of an application package to the solid waste manager.
C. Each application for a franchise must be on a form provided by the solid waste manager, and include the following information:
1. Identification.
a. Name and address of the applicant.
b. Business address, telephone number, and email address of the applicant.
c. Address where all vehicles and operating equipment used within the city are stored.
d. If the applicant is a corporation, partnership, or other entity, the name and residential address of every officer, partner, board member, and any other person with a 10% or greater financial interest in the applicant.
e. If the applicant is a corporation, the name and residential address of the corporation's directors, date and place of incorporation, location of the main office, names of the major stockholders and associates, and the name and address of the corporation's parent and subsidiary companies.
f. If the applicant is a corporation whose stock is traded on a national exchange, the names of persons owning or controlling less than 10% of the outstanding shares need not be listed in the application and transfers of less than 10% of the outstanding shares need not be reported unless such a transfer results in the transferee owning or controlling 10% or more of the outstanding shares; provided, however, that upon reasonable request of the solid waste manager, the applicant or party submitting an application shall provide a list of all stockholders or shall provide to the solid waste manager the source material from which the names of such stockholders may be readily obtained.
g. If the applicant is an affiliate or a franchised operation of another corporation (not to be confused in this instance with a solid waste franchisee of the city), the applicant shall list the names and addresses of the parent or subsidiary companies, together with a description of their business interests or ownership.
h. If the applicant is a joint venture or other combination of persons and corporations, identify separately the names and addresses of each member of the joint venture or combined effort, together with their percentage interest.
2. Business operations.
a. The names of the executive, operational, and financial managers to be used in connection with the solid waste collection services together with documentation that such persons, and the applicant, have sufficient experience in solid waste handling to perform solid waste collection services in the city.
b. Attestation that books and accounts of all revenue and income arising out of applicant's operations will be kept in a manner that conforms to GAAP.
c. A statement that the applicant shall obtain the required insurance prior to commencing business subject to the franchise agreement.
d. A statement that the applicant shall maintain and report on a timely basis all operational information and data elements reasonably required by the city to comply with its reporting requirements such as those established in California Public Resources Code sections 40050-40063, and as defined in the franchise agreement.
e. A complete listing and explanation of any civil or criminal rulings or judgments in excess of $5,000, or convictions against applicant, any of applicant's partners, major stockholders, corporate directors or parent or subsidiary companies. Applicants that are subject to the periodic reporting requirements of section 13(a) of the Securities Exchange Act, may, in lieu of the information required by sections 13.24.110.C.1.f. and 13.24.110.C.2.d., submit the information reported pursuant to sections 229.103 (legal proceedings) and 229.403 (security ownership of certain beneficial owners and management) of title 17 of the Code of Federal Regulations on the most recent form 10-K filed by the applicant with the Securities and Exchange Commission.
3. Facilities and equipment.
a. A description, including the Vehicle Identification Number (VIN) and California license plate number, of all vehicles and equipment that the applicant owns, has control of, or intends to acquire for the collection, transportation, or disposal of commercial solid waste in the city and which are subject to the provisions of the franchise agreement and whether said vehicles and equipment are self-unloading and equipped with audible automatic back-up warning devices.
b. Evidence demonstrating that the applicant owns or will have access to suitable facilities for keeping vehicles and equipment clean and in good repair, and that the applicant owns or will have access to reasonable office and billing facilities.
c. Evidence demonstrating that the applicant is the registered owner, as defined by California Vehicle Code section 505, of at least one collection vehicle that meets the requirements set forth in section 13.24.440.
4. Financial resources.
a. Applicant shall provide satisfactory proof to the solid waste manager, that the applicant has adequate financial resources to conduct commercial solid waste collection services; or
b. Applicant shall include an irrevocable letter of credit or refundable cash deposit to the city of $500 for each of the vehicles identified in the application.
5. Diversion plan. Each applicant shall submit a diversion plan, including plans for multi-family residential properties, businesses or non-residential properties, and construction and demolition debris, as applicable, with their franchise application. The diversion plan must comply with the diversion requirements set forth in this chapter and include a plan describing how the franchisee intends to satisfy its diversion requirements by diverting recyclable and organic materials from commercial solid waste that is being disposed of in solid waste facilities. The diversion plan must identify all facilities where materials will be delivered and processed.
6. Background check. The local executive, operational, and financial managers of the applicant that will be responsible for solid waste collection services within the city may be required to submit to fingerprinting and a criminal background check by the city.
7. Other relevant considerations.
a. Any other evidence that demonstrates that the applicant is able to provide collection and subsequent transportation, or disposal services in accordance with applicable federal, state, and local laws. Such additional information as may be reasonably requested by the solid waste manager.
b. During the application or proposal period and during the full term of any franchise, all information contained in the franchise application must be kept up-to-date by the applicant who must file a new verified statement within three business days of any change indicating in detail the nature of any change.
c. The application must be signed by the person applying for the solid waste collection franchise or, in the case of a partnership or corporation, by a person authorized to bind the partnership or corporation.
d. The applicant shall pay any outstanding fees and debts to the city prior to a franchise application being deemed complete, or prior to a franchise renewal. (Ord. 2023-0024 § 40; Ord. 2021-0003 § 15)