(a)
Disposal
and collection of solid waste and recycling of recyclable materials
and organic waste are services to be performed in the city in accordance
with the provisions of this chapter. The city council may, from time
to time, issue one or more exclusive or semi-exclusive contracts or
franchises to those persons or entities meeting the criteria of this
chapter, and such other standards as may be established by resolution
of the city council, regarding the collection of solid waste, recyclable
material, or organic waste from commercial, business, industrial and
residential properties. So long as a contract or franchise remains
in force, collection of material provided for herein may be made only
in accordance with the terms and conditions of this chapter and the
applicable contract or franchise. The fees and charges for such collection,
removal, and disposal services shall be those which the city council
may, from time to time, hereafter approve by resolution.
(b)
Except
as specified herein, no person shall collect, remove, or dispose of
any solid waste, recyclable material, or organic waste within the
city, nor transport the same over any public Streets or rights-of-way,
unless a contract or franchise to do so has first been approved from
the city council. The contractor or franchisee shall at all times
comply with the provisions of this chapter, and all other applicable
regulations and laws. For purposes of this chapter, collection does
not include the random picking up of loose litter from public places
or places open to the public.
(c)
Collection,
removal, and disposal of hazardous solid waste is not subject to the
provisions of this chapter.
(d)
The
city council shall not issue more than two Class I franchises or one
Class II franchise, unless the city council finds that public convenience
and necessity require additional franchises.
(Ord. No. 2021-15, § 3, 12-15-21)
The city council shall have the power to issue and determine
the terms of any contract or franchise for the collection and disposal
as provided for in this chapter. The city council may require as bond
from a contractor or franchisee in an amount determined by the city
council for the faithful performance of such franchise. Contracts
or franchises may be exclusive or semi-exclusive as determined by
the city council. Contracts or franchises may be issued with or without
competitive bidding. In issuing contracts or franchises for solid
waste, recyclable material, or organic waste collection and disposal,
the city council shall not be required to issue a contract or franchise
based upon the offer of lower or lowest rates, but shall be free to
issue contracts or franchises to the persons or entities deemed best
suited to comply with the terms of this chapter and such other terms
and conditions imposed by the city council. In addition to all other
remedies for violation of this chapter or default by a contractor
or franchisee, the city council may terminate a contract or revoke
a franchise after a hearing called on 10 days' written notice to the
contractor or franchisee.
(Ord. No. 2021-15, § 3, 12-15-21)
(a)
The
contractor or franchisee must guarantee a top quality of service by
industry standards; competent, qualified, sober, identifiable, and
uniformed personnel who serve the public in a courteous, helpful,
and impartial manner.
(b)
The
city may, at its option, require fingerprinting of the contractor's
or franchisee's employees whose service will cause them to enter onto
or work in close proximity to private property.
(c)
Any
employee driving a contractor's or franchisee's vehicle(s) shall at
all times have in their possession a valid and appropriate vehicle
operator's license issued by the State of California.
(d)
The
contractor or franchisee and its employees shall be required to wear
clean identifiable uniforms when engaged in refuse collection service
on public streets.
(Ord. No. 2021-15, § 3, 12-15-21)
The city council may issue franchises based on the size and
nature of the solid waste, recyclable material, or organic waste collecting
process as follows:
(a)
Class
I franchise. A Class I franchise may be issued to solid waste disposal
operators who provide full-time residential and/or commercial collection
services over established routes. Class I providers may also provide
other solid waste collection services, such as the provision of temporary
dump boxes, roll-off binds and temporary containers, but shall not
provide Class II services unless a separate Class II franchise has
been issued.
(b)
Class
II franchise. A Class II franchise may be issued for recycling operations.
No person shall conduct recycling operations or be a recycling operator
unless the person has been issued a Class II franchise.
(Ord. No. 2021-15, § 3, 12-15-21)
(a)
As
a condition of the city issuing a contract or franchise, the contractor
or franchisee shall agree to appear and defend all actions against
the city arising out of the exercise of the contract or franchise,
and shall indemnify and hold the city, including its officers, employees
and agents harmless of and from all claims, demands, actions, or causes
of action of every kind and description resulting directly or indirectly,
arising out of, or in any way connected with the exercise of the services
under the contract or franchise, including, but not by way of limitation,
any act or omission of any officer, employee, or agent of contractor
or franchisee.
(b)
The
contractor or franchisee shall obtain and keep in force, during the
term of the franchise, public liability and bodily injury insurance
in an amount not less than five million ($5,000,000.00) dollars for
the injuries or death to more than one person arising out of any one
accident or occurrence, unless a lesser amount is permitted by the
city council; and workers' compensation insurance covering all employees
of the contract or franchise holder. Copies of such policies, or certificates
evidencing such policies, shall be filed with the city manager. The
city shall be named an additional insured on all policies. All policies
shall contain a provision requiring a 90 day notice to be given to
the city prior to cancellation, modification or reduction of limits.
The amounts of public liability insurance for bodily injury and property
damage shall be subject to review and adjustment by the city council.
(c)
The
contractor's or franchisee's trucks, trailers, or other vehicles must
comply with the regulations as set forth in the California Motor Vehicle
Code, all other applicable California codes, and this chapter.
(d)
The
contractor or franchisee must agree to perform the terms of the contract
or franchise in such a manner as to comply with all valid and applicable
local and state laws and regulations pertaining to the collection,
storage and transportation of solid waste, recyclable material, and
organic waste. The contractor or franchisee shall also comply with
all other ordinances and regulations of the city and applicable laws
and regulations of the County of San Diego and the State of California,
and shall obtain and keep in force all required franchises and business
licenses.
(e)
Additional
requirements for franchisees.
(1)
Bulk items. Class I franchisees shall be required to collect and
dispose of large bulk items on a 24 hour notice with a maximum charge
and any limitations to be set by city council resolution.
(2)
Community cleanup. Class I franchisees shall undertake an annual
community cleanup in accordance with criteria established by the city.
(Ord. No. 2021-15, § 3, 12-15-21)
(a)
The
city manager shall investigate the information contained in the contract
or franchise application and prepare a report to the city council
as to whether the applicant is capable of complying with the provisions
of this chapter and the rules and regulations of the city. After the
completion of the investigation, the city manager shall schedule the
matter for a public hearing before the city council. Notice of the
hearing shall be given to the applicant and shall be published in
a newspaper of general circulation at least 10 days prior to the date
of the hearing.
(b)
The
city council may by resolution authorize the city manager or the city
manager's designee to execute a contract or franchise agreement after
the required public hearing.
(c)
A contract
or franchise may be issued for any period of time up to 10 years.
A contract or franchise may be renewed pursuant to the procedures
set forth in the contract or franchise agreement. In the case of a
franchise, the franchisee shall pay an annual franchise fee in an
amount established by the franchise agreement.
(d)
No
assignment or transfer of a contract or franchise pursuant to this
chapter, or any right occurring under such contract or franchise,
shall be made in whole or in part by the contractor or franchisee
without the prior express consent of the city council. In the event
any assignment or transfer is authorized by the city council, the
assignee shall assume the liability and all other obligations of the
contractor or franchisee. The city council may approve or deny the
transfer at its sole discretion.
(e)
A contract
or franchise may be revoked:
(1)
At the option of the city council, in the event there is a change
of ownership of any kind or nature of the operating company, unless
approval therefor has been obtained in writing from the city council;
or
(2)
If it is determined by the city manager that the contractor or franchisee
has not complied with the provisions of this chapter and all other
applicable statutes, ordinances, rules and regulations, the city manager
shall notify the contractor or franchisee in writing of noncompliance
and shall order compliance within 30 days. If noncompliance is not
corrected, the city council, after a hearing, shall be empowered to
cancel the contract or franchise or take such other action as the
city council shall determine.
(f)
When
considering whether to issue a contract or franchise under this chapter,
the city council may take into consideration the service performance
of the existing solid waste, recyclable material, and organic waste
disposal operator or operators, or recycling operator or operators,
and may give preference to existing providers.
(Ord. No. 2021-15, § 3, 12-15-21)
(a)
When
issuing an initial or renewed contract or franchise, the city council
shall approve the charges for services. After approval of the charge
by the city council, a charge for the collection of refuse shall be
imposed by the contractor or franchisee on the owner or person in
control of each residential, commercial, or individual property, or
other entity subscribing to solid waste, recyclable material, and
organic waste collection service. The amount of such charges may be
fixed and changed from time to time by the contractor or franchisee
after approval by the city council.
(b)
All
revisions in the rate or charge schedule must be submitted to the
city council for review, and action must be approved by the city council.
The application for rate adjustment shall be made by the contractor
or franchisee 90 days prior to the date of the proposed increase.
The city shall act thereon within the 90 day period. Any new rate
adjustment will have a maximum increase based on 100% of the Consumer
Price Index and any unusual extraordinary cost resulting in an increase
to the contractor or franchisee in the cost of providing service since
the last rate increase or establishment. Rates shall not be adjusted
more than once annually, except to accommodate unforeseen circumstances
justifying an increase.
(Ord. No. 2021-15, § 3, 12-15-21)
In emergencies such as the breakdown of equipment or other unforeseen
or unpreventable circumstances, or where in the judgment of the city
manager the particular situation justifies such action, the city manager
may issue limited or temporary contracts or franchises to private
persons or entities to perform any of the services covered by this
chapter, subject to such reasonable fees, charges and conditions as
the circumstances may warrant and as the parties involved may agree
upon; provided, that such fees and charges received from, or paid
to, any private persons or corporations under this section for any
period exceeding 15 days' duration shall be approved by the city council.
(Ord. No. 2021-15, § 3, 12-15-21)
The contractor or franchisee shall not collect solid waste,
recyclable material, and organic waste within a residential area between
the hours of 6:00 p.m. and 6:30 a.m. the next day. With prior written
permission of the city manager, this time may be changed.
(Ord. No. 2021-15, § 3, 12-15-21)
The contractor or franchisee shall exercise all reasonable care
and diligence in collecting solid waste, recyclable material, and
organic waste so as to prevent spilling, scattering or dropping refuse,
and shall immediately, at the time of occurrence, clean up any spillage.
(Ord. No. 2021-15, § 3, 12-15-21)
Any persons who desire to operate privately owned solid waste,
recyclable material, and organic waste collection vehicles under the
provisions of this chapter shall provide that their vehicles are metallic-lined,
watertight, and are provided with a tight cover. The city manager
shall require the contractor or franchise holder to remove from service
or repair those vehicles that allow or permit offensive odors to escape
and/or refuse to be blown, dropped, or spilled therefrom. The city
council may, when issuing a franchise for a recycling operator, establish
requirements based upon the different nature and type of the materials
collected.
(Ord. No. 2021-15, § 3, 12-15-21)
Each vehicle of the contractor or franchisee shall at all times
have in the cab the registration of the truck, certificate of insurance
card, and an identification card with the name of whom to telephone
in case of an accident. Each vehicle shall also be equipped with a
five pound fire extinguisher certified by the California State Fire
Marshall.
(Ord. No. 2021-15, § 3, 12-15-21)
All of the contractor's or franchisee's equipment shall be inspected
at the discretion of the city manager or any other appropriate agency
at the point of operation as specified in the contractor or franchise.
(Ord. No. 2021-15, § 3, 12-15-21)
(a)
Unless
otherwise specifically provided in the contract or franchise agreement,
all vehicles used for solid waste, recyclable material, or organic
waste collection within the city shall:
(1)
Be completely enclosed with a rigid, nonabsorbent cover while transporting
solid waste, recyclable material, or organic waste in or through the
city. "Completely enclosed with a rigid, nonabsorbent cover" means
that solid waste, recyclable material, or organic waste shall not
be visible from the street nor shall any of the substance be permitted
to leak, spill or become deposited along the public streets.
(2)
All trucks or vehicles used in the course of solid waste, recyclable
material, or organic waste collection shall be painted the same colors
as approved by the city manager, and identified by truck numerals
and company logo. The equipment used shall be kept clean and in good
repair at all times.
(Ord. No. 2021-15, § 3, 12-15-21)
The Class I franchisees shall provide an office with a full-time
manager with toll-free telephone service from the entire city. Telephones
will be attended by competent personnel from 8:00 a.m. to 5:00 p.m.
on regular workdays, and an answering service provided after hours,
weekends and holidays.
(Ord. No. 2021-15, § 3, 12-15-21)
Contractor or franchisee shall keep and preserve during the
term of the contract or franchise agreement full, complete, and accurate
records of:
(a)
Customer
accounts in a manner that clearly identifies the number of customers
within the city and subject to the contract or franchise fee. These
records are subject to review by the city manager at any reasonable
time.
(b)
Specific
cost items, such as disposal fees, fuel and similar items that may
provide the basis for future rate increases due to unusual circumstances.
These records are subject to review by the city manager at any time
city staff has been asked to review special rate increase requests.
(Ord. No. 2021-15, § 3, 12-15-21)
