The City Council hereby finds and declares as follows:
A. 
Traffic associated with solid waste, recycling and yard waste collection vehicles (refuse vehicles) places a significant burden on city streets and is a significant cause of street damage; and
B. 
The City Council finds that unless certain actions are taken, pavement damage related to refuse vehicles will result in adverse impacts including accelerated deterioration of pavement conditions on city streets, reduced ride quality, increased vehicle repairs, increased energy consumption, and disruption to traffic flow. Implementation of the refuse vehicle impact fee will prevent these undesirable consequences, allowing the City to maintain the streets and roads in a good condition and avoid the deterioration of pavement to the point where extensive rehabilitation or reconstruction becomes necessary at a higher cost; and
C. 
The City Council also finds that, in the absence of this chapter imposing a refuse vehicle impact fee, existing and future sources of revenue will be inadequate to fund a substantial portion of pavement repair for the City's streets and roads necessary to avoid unacceptable pavement condition indexes in the City created by refuse vehicle impacts; and
D. 
Accordingly, it is the intent of the City Council to adopt by this chapter a fair and equitable method of securing some of the funds necessary to repair the damage caused to city streets and roads as a result of refuse vehicles to preserve acceptable pavement conditions throughout the City; and
E. 
The City commissioned an independent study that determined the annual street repair costs attributable to damage caused by refuse vehicles is approximately $838,000 annually; and
F. 
The City Council has considered that independent study analyzing the cost to repair street damage caused by refuse vehicles; and
G. 
The City Council has determined that the cost incurred by the City for such street repair resulting from refuse vehicles should be defrayed by the imposition of fees charged by the City's franchised solid waste services provider to cover at least a portion of those costs; and
H. 
The City Council has determined that the following fees will cover a portion of the costs to the City for its street repair costs resulting from refuse vehicles; and
I. 
The City Council is aware of and understands the preemption issue presented by California Vehicle Code Section 9400.8; and
J. 
The fee imposed by this chapter is distinguishable from the fee found to be preempted by "County Sanitation District No. 2 v. the County of Kern" in that the refuse vehicle impact fee is based on reasonable costs of repairing and restoring streets to previous levels whereas the county of Kern imposed its fee pro rata based on the number of tons hauled in the county; and
K. 
The refuse vehicle impact fee is a regulatory fee imposed for the general welfare of the City and as an exercise of the City's police power pursuant to Article XI, Section 7 of the California Constitution; and
L. 
The City does not grant privileges for using city streets. City streets are open to all members of the driving public generally; and
M. 
Refuse vehicles have the same right as any other vehicle to drive over city streets; and
N. 
This chapter may not be enforced by an injunction which prevents a construction vehicle from driving over city streets until payment of the fee is made; and
O. 
The proposed refuse vehicle impact fee has been noticed consistent with California Government Code Section 66018 and a hearing was held on the matter on June 25, 2007.
(Ord. 1818 § 1, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
A. 
An annual refuse vehicle impact fee of $838,000 shall be assessed to the City's franchised solid waste collection services provider and remitted to the City on a monthly basis. The fee may be amended from time to time by resolution of the City Council.
B. 
Character of Fee. The City Council has determined that the fee is related to the cost of repairs provided and shall not exceed the estimated reasonable costs of the repair. 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 refuse vehicle impact 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. 1818 § 1, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
A. 
Transfer. The franchisee shall convey the refuse vehicle impact fee to the City in accordance with the franchise agreement on a monthly basis.
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 costs of street repair associated with refuse vehicular impact.
(Ord. 1818 § 1, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)