The City Council has found and determined, and hereby finds and determines, in order to meet the requirements of the California Integrated Waste Management Act of 1989, including requirements for source reduction of the solid waste stream, diversion of solid waste from landfills and conservation of natural resources, it is necessary to regulate the collection of solid waste from commercial/industrial premises in addition to residential premises and to encourage recycling of solid waste materials. In addition thereto, the requirements of the Environmental Protection Agency and the Southern California Air Quality Management District and other regulatory agencies with respect to air pollution and traffic congestion management require regulation, and, where possible, reduction of the number of waste collection vehicles and vehicle trips with attendant discharge of air contaminants and pollution. Reduction of the number of heavy waste collection vehicles using the City streets daily will reduce traffic hazards and congestion and promote safety. Notwithstanding the City's collective diversion rate City wide, each and every solid waste enterprise operating in the City shall be individually responsible for meeting current and future diversion mandates of the State of California.
The City Council further finds and determines that the storage, accumulation, collection and disposal of solid waste, including without limitation garbage, trash, debris and other discarded materials, is a matter of great public concern in that improper control of such matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems affecting the public health, safety and welfare. Regulation of the collection of garbage, refuse and other discarded materials from all residential, commercial and industrial properties within the City will provide the most orderly and efficient solution to such problems and promote the public health, safety and welfare. Regulation of solid waste business in the City will also promote public health and safety by, among other things, requiring newer and safer vehicles, regular maintenance, reduction of spillage and litter in the public streets, establishing accountability for the cleaning of refuse bins and containers, and accountability to the public.
The City Council hereby finds and determines that the public health, safety and welfare will be served by providing for exclusive franchises for residential refuse collection services, and for commercial and industrial collection services subject to the rights of certain existing commercial/industrial collectors who are qualified under Public Resources Code Sections 49520 and 49521 to continue the solid waste collection services for five (5) years following notice given pursuant to that section. Such five (5) year period expires March 1, 1996. Notwithstanding such expiration date, any solid waste collection services that continue service pursuant to Public Resources Code Sections 49520 and 49521 (as may be amended) shall not expand their account base or solicit new accounts during such period of continued services.
(Ord. 91-956 § 1; Ord. 18-1831 § 2)