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A. The city council may grant to an applicant a non-exclusive franchise to engage in the business of collecting, transporting, or disposing of waste material kept, accumulated, or generated in the city.
B. The city council may grant a franchise to an applicant based on compliance with this chapter. Any grant of a franchise is subject to such terms, conditions, rules, regulations, restrictions, and limitations, as deemed necessary to protect the public health, safety, or welfare.
C. The city manager may administer and negotiate non-substantive changes to the franchise agreements. The city council may delegate authority to the city manager to administer, negotiate, and execute franchise agreements.
D. In order to avoid delays in the franchise approval process, the city manager may execute provisional franchise agreements with franchise applicants pending council consideration of a franchise authorization, should such an action be deemed necessary by the city manager. No provisional franchise agreement shall be for a term longer than 90 days. (Ord. 2021-0003 § 15)
A. All franchises granted to persons pursuant to this chapter are nonexclusive to allow franchisees to compete with each other for commercial solid waste, recycling, or organic service accounts. No provisions of this chapter shall be deemed to require restricting the number of franchises to one or any particular number, and no provision of this chapter is deemed to require granting any franchise if it is determined that the grant of any such franchise does not serve the public interest.
B. All franchises are subject to the terms and conditions specified in this chapter and in the franchise agreement, and to all applicable federal, state, and local statutes, ordinances, rules, and regulations.
C. In granting any franchise, the solid waste manager may prescribe such other additional terms and conditions, not in conflict with this chapter, as in the judgment of the solid waste manager are in the public interest.
D. Each franchisee shall:
1. Provide services without undue interruptions caused by mechanical failures or other inadequacies of equipment;
2. Utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service; and
3. Provide preventive maintenance and repair of such equipment sufficient to ensure reliability. (Ord. 2023-0024 § 39; Ord. 2021-0003 § 15)
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)
A. The city council may award franchises for the collection of commercial solid waste within the city.
B. Applicants may submit their completed application for a franchise, as provided in section 13.24.110 to the solid waste manager for review and consideration at any time.
C. The solid waste manager shall review such applications and either recommend to the city council to award a franchise, or notify applicant of a denial or incomplete application, within 60 days of receiving an application.
D. The solid waste manager shall take into consideration all components of the completed application, including but not limited to:
1. The ability of the applicant to meet all terms of the franchise agreement;
2. Any history of civil or criminal convictions that may compromise the public's interests; and
3. The completeness, accuracy, and validity of the application. In doing so, the solid waste manager may independently verify all statements made and implied in the application, including conducting an on-site interview and inspection of the applicant's records and recordkeeping methods. The solid waste manager may also request clarification from an applicant of any or all elements of the submitted application.
E. Within the 60-day review period, the solid waste manager shall:
1. Deny an application and notify the applicant in writing of the reasons why the application was denied; or
2. Notify an applicant that a recommendation will be made to the city council to award a franchise or a probationary franchise with special terms and conditions; or
3. Execute a provisional franchise, up to 90 days, with special terms and conditions, pending city council authorization to execute a franchise or a probationary franchise with special terms and conditions.
F. If the application is incomplete, the solid waste manager shall provide notice to the applicant that the application is incomplete, identifying what information or materials the application lacks in order to be complete. An applicant has 60 days from the date of the notice to complete the application. Failure to submit a complete application within 60 days from the date of the notice amounts to a denial, with no additional action required by the solid waste manager. Any application submitted more than 60 days after the notice is considered a new application and must be accompanied by the application fee required by this chapter.
G. Upon concurrence with a positive recommendation, the city council will award the franchise or will delegate authority to the city manager to award the franchise within a reasonable period of time. The solid waste manager will notify the applicant in writing of an award of a franchise.
H. The solid waste manager may refuse to accept a franchise application from an applicant who has had an application for a city franchise rejected within the previous 12 months. (Ord. 2023-0024 § 41; Ord. 2021-0003 § 15)
A. An applicant may appeal the denial of a franchise by submitting a written appeal to the solid waste manager within 20 calendar days from the date of service of the solid waste manager's written decision. The written appeal must be accompanied by a nonrefundable appeal fee in an amount established by city council resolution. The written appeal shall contain:
1. A brief and concise statement explaining why the decision is being contested and any material facts supporting the contentions of the appellant;
2. A brief and concise statement of the reasons why the decision should be reversed or set aside;
3. The signatures of all parties named as appellants and their official mailing addresses; and
4. A declaration under penalty of perjury by at least one appellant as to the truth of the matters stated in the notice of appeal.
B. The appeal hearing shall be conducted by a hearing examiner appointed pursuant to section 1.24.050.
C. Upon receipt of any appeal filed pursuant to this section, the solid waste manager shall transmit the appeal to the secretary of the hearing examiner who shall set it for hearing as follows:
1. If the appeal is received by the solid waste manager at least 15 days prior to the next regularly scheduled appeal hearing date, it shall be set for hearing on that date.
2. If the appeal is received by the solid waste manager less than 15 days prior to the next regularly scheduled appeal hearing date, it shall be set for hearing on the next subsequent appeal hearing date.
D. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the secretary of the hearing examiner either by causing a copy of the notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
E. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and the solid waste manager's decision is final.
F. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the appeal hearing. (Ord. 2023-0024 § 42; Ord. 2021-0003 § 15)
A. At the time set for hearing, the hearing examiner must hear the testimony of city personnel, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in the notice of appeal.
B. The proceedings at the hearing must be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.
C. The hearing examiner may, upon his or her own accord or upon request of the appellant or the department, for good cause shown, grant continuances.
D. The hearing examiner may upon his or her own accord or upon request of the appellant or the department, inspect the appellant's premises prior to, during, or after the hearing, provided that:
1. Notice of the inspection must be given to the parties before the inspection is made; and
2. The parties' consent and are given an opportunity to be present during the inspection.
E. Upon completion of the inspection, the hearing examiner must state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, the material facts observed and the conclusion(s) drawn therefrom. F. Each party has the right to rebut or explain the matters so stated by the hearing examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
G. Notice to the parties, or the owner(s)' consent to inspect the property is not required if the property can be inspected from areas to which the general public has access or with permission of other persons authorized to provide access to the property or buildings located on the property.
H. In any proceedings under this chapter, the hearing examiner may administer oaths and affirmations and certify official acts. (Ord. 2021-0003 § 15)
A. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. Subsections (a), (b), and (c) of California Government Code section 11513 apply to hearings under this chapter.
B. Oral evidence must be taken only upon oath or affirmation.
C. Irrelevant and unduly repetitious evidence must be excluded.
D. Each party must have these rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
4. To impeach any witness regardless of which party first called the witness to testify;
5. To rebut the evidence presented against the party; and
6. To represent himself, herself, or itself, or to be represented by anyone of his, her, or its choice who is law-fully permitted to do so.
E. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city. (Ord. 2021-0003 § 15)
A. If it is shown, by a preponderance of the evidence, that one or more reasons for denial of the franchise under any of the grounds specified in this chapter exist, the hearing examiner shall affirm the decision of the solid waste manager. The decision of the hearing examiner shall be in writing and contain findings of fact and a determination of the issues presented.
B. The decision shall inform the parties that the decision is final and that the time for judicial review is governed by California Code of Civil Procedure sections 1094.5 and 1094.6. Copies of the decision shall be delivered to the parties personally or sent by certified mail to the address shown on the appeal. The decision is final when signed by the hearing examiner and served as provided in this section. (Ord. 2021-0003 § 15)
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