The City Council hereby finds and declares as follows:
A. 
It is the policy of the City that the accumulation of debris in the streets in the City of Livermore be handled in a safe, sanitary, routine and efficient manner so as to maximize the reduction of material that might otherwise enter the storm drain system and contaminate area creeks, and maintain the good condition, cleanliness and safety of city rights-of-way, medians and other public areas.
B. 
Street sweeping is a core governmental service necessary for the public health, sanitation, safety and welfare of all the residents of the City of Livermore. It supplements solid waste collection by the franchisee.
C. 
The City currently has approximately 9,100 residential and commercial curb miles.
D. 
The Alameda Countywide Clean Water Program's Stormwater Quality Management Plan (SWMP) is the basis of the National Pollutant Discharge Elimination System (NPDES) stormwater permit issued by the Regional Water Quality Control Board. The SWMP, in conjunction with the NPDES permit adopted by the Regional Water Quality Control Board, meets the requirements of the Federal Clean Water Act for stormwater discharges to reduce pollutants to the maximum extent possible. The SWMP contains a number of performance standards including the requirement for a fixed street sweeping schedule, leaf removal and routine maintenance activities to maximize reduction of pollutants.
E. 
It is the City's intention that street sweeping services be financed by a combination of moneys collected through the solid waste collection fees and Alameda Countywide Clean Water Program. The purpose of this article is to authorize the collection of some component through the solid waste collection fees.
F. 
The fee for street sweeping services is based on the cost of operation, maintenance, and short- and long-term capital expenditures and apportioned for the number of miles swept. It does not exceed the estimated reasonable cost of the service.
G. 
This article is categorically exempt under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15301.
(Ord. 1827 § 1, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
In this article:
"Street"
includes all streets with or without medians, avenues, lanes, alleys, courts, parking lots, paths or other public ways in the City which have been or may hereafter be designated and open to public use (LMC § 12.08.010(D)).
"Street sweeping services"
includes the activity of street sweeping, in residential and commercial areas of the City, the operation and maintenance of street sweeping equipment, and the purchase of new street sweeping equipment as needed.
(Ord. 1827 § 1, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
A. 
Amount of Fee. The City Council may from time to time establish fees for street sweeping services. The amount of the fee shall be established by resolution of the City Council following a noticed public hearing. The fee may be combined with the fees for solid waste collection services.
B. 
Character of Fee. The City Council has determined that the fee is related to the cost of the service provided and shall not exceed the estimated reasonable costs of the service. This fee is not imposed as an incident of property ownership within the meaning of Proposition 218 California Constitution Article XIIID, Section 6.
C. 
Collection. Each owner and occupant of the City receiving waste collection services from the franchisee shall be billed by the franchisee a fee for street sweeping services in accordance with the rates established by the City Council. The fee shall be collected by the franchisee as part of the solid waste collection fee, in conformance with LMC § 8.08.130.
(Ord. 1827 § 1, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
A. 
Transfer. The franchisee shall convey the street sweeping services fee to the City in accordance with the terms of the franchise agreement. (See Franchise Agreement, Section 7.4.)
B. 
Deposit. When conveyed to the City, the fees shall be kept in a separate line item account together with any interest earned.
C. 
Use of Fee. The fees shall be used only to defray the cost of street sweeping services, as defined in LMC § 8.08.810, including operations, maintenance, and short- and long-term capital expenditures.
(Ord. 1827 § 1, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)