La Puente Municipal Code Part 2 Franchise

(a) The city council may authorize, by franchise, a solid waste enterprise to provide solid waste handling services for residential, commercial/industrial users or customers. In the sole discretion of the city council, the solid waste handling services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the city.

(b) No person shall collect or dispose of solid waste or recyclables in the city unless that person has been awarded a solid waste collector franchise and has entered into a franchise agreement with the city, except as otherwise specifically provided in this chapter. Any such franchise shall be in addition to any business license or permit otherwise required by this code. No permit issued by any other governmental agency authorizing collection of solid waste or recyclables shall be valid in the city. Collectors operating in the city on the effective date of this chapter under a permit or a nonexclusive franchise agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code.

(Ord. 671 § 1 (part), 1992)

The terms and provisions of any franchise agreement for solid waste handling services may relate to or include, without limitation, the following subject matters:

(1) The nature, scope and duration of the franchise;

(2) The collection schedule, including the frequency, days and hours of collection;

(3) The applicable franchise fee, including the amount, method of computation, and time for payment;

(4) The applicable rates, fees and charges for regular, special and emergency collection services, including the method of setting and adjusting same, and the responsibility for billing and collecting same;

(5) Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection and operational requirements;

(6) The receipt, processing and reporting of customer inquiries and complaints;

(7) The collection of solid waste from publicly owned property and facilities;

(8) Performance standards for the collector’s personnel and equipment;

(9) Solid waste and recycling containers, including size, repair or replacement, handling, placement, obligations of the collector to provide, and permissible charges therefor;

(10) Standards and procedures for periodic performance reviews by the city;

(11) Noise attenuation policies and procedures;

(12) The maintenance by the collector of an office for the conduct of business;

(13) Policies and procedures relating to the noncollection of solid waste, and the composting of green waste, the collection of recyclables, and resource recovery;

(14) Requirements relating to comprehensive liability insurance and workers’ compensation insurance;

(15) Requirements relating to the dissemination of information to the public concerning regular and special solid waste collection and recycling services;

(16) Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination;

(17) Requirements relating to performance bonds and to indemnification;

(18) Requirements relating to affirmative action programs;

(19) Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits and inspection of records;

(20) Requirements relating to the assignment, transfer and renewal of the franchise;

(21) Requirements relating to compliance with and implementation of state and federal laws, rules or regulations pertaining to solid waste handling services, and to the implementation by the city of state-mandated programs, including, without limitation, the city’s source reduction and recycling element and the city’s household hazardous waste element;

(22) Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the franchise agreement and which will, in the judgment and discretion of the city council, best serve the public interest and protect the public health, safety and welfare.

(Ord. 671 § 1 (part), 1992)

Each collector shall pay a franchise fee in an amount determined by resolution of the city council or established in the franchise agreement authorizing the collection of solid waste or recyclables.

(Ord. 671 § 1 (part), 1992)

In the event of any conflict between the provisions of a franchise agreement which is authorized and approved by the city council and the provisions of this chapter, the provisions of the franchise agreement shall control.

(Ord. 671 § 1 (part), 1992)

Every collector shall obtain and maintain at all times during the collector’s operations a business license issued by the city, and all applicable permits and licenses required by any public agency having jurisdiction.

(Ord. 671 § 1 (part), 1992)

No permit or franchise which is authorized by, subject to, or issued under the provisions of this chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the city council. This restriction includes the transfer of ownership or the majority of the ownership or control of the permittee or the franchisee, and the transfer of a majority of the permittee’s or franchisee’s stock to another person.

(Ord. 671 § 1 (part), 1992)

After a hearing as provided in this chapter, the city manager may revoke or suspend any collection permit or franchise for violation of a provision of this chapter or any other applicable law, ordinance or regulation of any public agency.

(Ord. 671 § 1 (part), 1992)

The city manager, without a hearing, may suspend a franchise or a permit for not more than sixty days, if the city manager finds that continued operation by the franchisee or permittee will constitute a threat to the public health, safety and general welfare.

(Ord. 671 § 1 (part), 1992)

The city manager shall mail notice of a hearing to revoke a collection permit or franchise to the collector not less than fifteen days prior to such hearing. In the event of the revocation of a franchise or a permit, the city manager shall notify the collector in writing of the reasons therefor. Notification may be made in person or by mail.

(Ord. 671 § 1 (part), 1992)

Within fifteen calendar days after notice by the city manager of revocation of a collection permit or franchise has been sent to the collector, the collector may file with the city clerk an appeal of such decision to the city council.

(Ord. 671 § 1 (part), 1992)

The city council may either affirm the action of the city manager, send the matter back to the city manager for further consideration, or set the matter for hearing by the city council. If the city council sets the matter for hearing, it shall base its action upon the standards delineated in Section 4.12.100. Notice of such hearing shall be sent to the collector not less than fifteen days prior to the hearing.

(Ord. 671 § 1 (part), 1992)