Article 2

SOLID WASTE COLLECTION FRANCHISES

• a. It is hereby declared and determined that the business of collecting, transporting, disposing and/or recycling of solid waste, recyclable materials, and organic materials affects the health, safety and public welfare and quality of life of residents of the City. Therefore, one purpose of this chapter is to regulate this business in order to ensure its orderly operation and to minimize any adverse effects on the environment.

• b. It is also the intent of this chapter to generate revenue for municipal purposes, including, but not limited to, the maintenance of public streets and roadways impacted by the heavily laden vehicles used in this business.

• c. The City is required by State law to adopt and implement an integrated waste management plan and to reduce the wastestream going into landfills. The chapter is also designed to assist with these goals and further the City’s compliance with the Act and SB 1383.

• d. The City, by adoption of this chapter, has elected to utilize the authority in State law to have the ability to grant franchises for the collection, transporting, disposing and/or recycling of solid waste, organic materials, and recyclable materials.

• (Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

Except as specifically exempted in this chapter, it is unlawful for any person to engage in the business of collecting, transporting, removing, disposing, processing, and/or recycling of solid waste, recyclable materials, and organic materials kept, accumulated or produced in the City unless a franchise therefor has been granted in writing pursuant to the provisions of this chapter, and unless a written franchise agreement therefor has been signed between such City franchise hauler and the City, and unless such franchise and agreement is in full force and effect. (Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

The provisions of this chapter shall not apply to:

• a. The City of Oakley or any person employed by the City.

• b. Persons or their employees hauling no more than one ton per month of solid waste which they generate pursuant to a construction project for which that person holds a valid building permit.

• c. Persons hauling source-separated recyclable materials who operate one vehicle and without an established route or billing system.

• d. Persons operating a small collection facility and/or recycling center, to which customers themselves deliver recyclable materials in exchange for cash or other consideration.

• e. Self-haulers, as defined herein.

• f. Persons collecting, transporting or disposing of hazardous waste regulated by Federal or

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City of Oakley, CA

OAKLEY CODE

§ 4.20.206

§ 4.20.218

State law when engaged in that activity. (Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

The City Council may and is hereby empowered to grant to any person, whether operating under an existing franchise agreement or not, a franchise, either exclusive or nonexclusive, to engage in the business of collecting, transporting, removing, disposing, processing, and/or recycling of solid waste, organic materials, and recyclable materials kept, accumulated, or produced in the City.

(Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

• a. The services provided by the City franchise hauler do not constitute a "public work" and are not subject to California Labor Code Sections1720 through 1901.

• b. All franchises granted pursuant to this article shall be subject to the terms of the franchise agreement approved by the City Council and also by the terms of this chapter and of the Oakley Municipal Code.

• (Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

If the City Council wishes to grant a franchise agreement pursuant to this article, it shall do so at a regular City Council meeting. No franchise shall be effective until a written franchise agreement has been presented at a regular City Council meeting and approved by a majority vote of the City Council and has been signed and delivered by the person authorized by the City franchise hauler to do so, and until all other requirements set forth in this chapter and in the franchise agreement have been satisfied, including but not limited to evidence of compliance with the insurance and indemnification requirements in a form acceptable to the City and specified in the franchise agreement.

(Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

The City franchise hauler shall indemnify and hold the City, its officers, employees and agents harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney’s fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted by the City franchise hauler under this chapter or under any franchise granted pursuant to this chapter.

(Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

The term of any franchise shall be as stated in the franchise agreement, but generally shall not be for a period in excess of twenty (20) years without extraordinary reason for a longer term. The franchise agreement may provide for the manner and procedure for renewal of the franchise. (Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.20.218

§ 4.20.222

• a. The City Council shall have the right to terminate any franchise issued pursuant to this article pursuant to the terms of the franchise agreement.

• b. Unless provided otherwise in the franchise agreement, a notice of intent to terminate a franchise shall be personally delivered or mailed to the City franchise hauler at its address as identified in the franchise agreement. The notice shall state grounds for suspension or termination of the franchise and shall state the time, date and place of a hearing before the City Council, which shall be scheduled at least thirty (30) days subsequent to the date of the notice.

• c. Unless provided otherwise in the franchise agreement, the City Council shall have the right to terminate or suspend any franchise if it finds after a hearing that:

  • 1. The franchisee has failed to substantially comply with a material provision of the franchise agreement, or to substantially perform any material covenant required of the City franchise hauler by this chapter or the franchise agreement, or has violated any Federal, State or local law, ordinance or regulation applicable to the operation of the franchise; or
  • 2. Any provision of this chapter or the franchise agreement is repealed or becomes or is declared invalid or unenforceable, and the City Council determines that such provision constitutes a material consideration to the grant or continuation of the franchise.

• d. Unless provided otherwise in the franchise agreement, prior to giving notice of intent to terminate, the City shall first provide the City franchise hauler with a written notice of violation and order to correct, with such violation or correction to be made within thirty (30) days or such other time as may be specified in the notice. If the City franchise hauler corrects the violation, then the City shall not pursue the termination or suspension of the franchise, unless the City franchise hauler has been given more than one notice of violation and order to correct, in which case the City may, but is not obligated to, pursue termination or suspension of the franchise.

• (Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

The City franchise hauler shall pay a franchise fee to the City during the term of the franchise. The franchise fee shall be in the amounts and shall be paid in the manner specified in the franchise agreement. The payment of the franchise fee shall be in addition to any license fee or business license tax or fee prescribed by the City for the same period. (Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

The City franchise hauler shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations within the City under the franchise granted. The City franchise hauler’s books, accounts and records related to its operations within the City pursuant to the franchise shall be open to inspection, examination and audit by authorized officers, employees and agents of the City during times and places that do not create an unreasonable burden for the City franchise hauler.

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City of Oakley, CA § 4.20.222

OAKLEY CODE

§ 4.20.226

• (Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

If a rate and charges setting procedure is set forth in the franchise agreement, the method for determining the rates and charges shall be determined by the franchise agreement. If the franchise agreement does not set forth a rate and charges method, the provisions of this section shall apply. The rates and charges imposed by the City franchise hauler upon residential customers shall be regulated by the City and shall be approved by the City Council in advance of the rates and charges being established and collected by the City franchise hauler. The City Council shall approve rates and charges which cover the cost of providing the services and also provide a fair rate of return for the City franchise hauler. The City shall maintain supervisory control over the rates and charges imposed by the City franchise hauler on nonresidential customers in that the City Manager shall be vested with the authority to hear complaints from such customers and to resolve such matters with the City franchise hauler.

The City franchise hauler shall notify the City Manager of proposed increases to its residential rates and charges at least ninety (90) days prior to its intended commencement date for such rates and charges.

(Ord. 15-09, 6/9/2009; Ord. 11-21, 12/14/2021)

• a. No person shall collect, transport, dispose, or convey, or cause or permit to be collected, transported, disposed, or conveyed, any solid waste, recyclable materials, and/or organic materials unless the City has granted that person a franchise pursuant to the terms of this chapter and a written franchise agreement is entered into between the City and that person. The City shall have the right to require any person operating in the City to provide any documentation and/or information requested by the City in order to determine whether a violation of this chapter has occurred. Persons in violation of these requirements or any other provision of this chapter relating to the unauthorized collection, transport, disposal, or conveyance of solid waste, recyclable materials, and/or organic materials shall be guilty of a misdemeanor pursuant to Section 1.5.002 et seq. and the City shall have the right to pursue all available legal and equitable remedies against such person, including, without limitation, those identified in Section 1.5.002 et seq. No language in this chapter shall be construed as limiting or modifying the right of the City franchise hauler to file a civil action against any person that violates any of the terms of this chapter or any of the rights granted to the City franchise hauler by the City under this chapter or pursuant to a written franchise agreement between the City and the City franchise hauler.

• b. City Manager Authorization. The City Manager is authorized to administer and enforce the provisions of this chapter. The City Manager, or anyone designated by the City Manager to be an enforcement officer, may exercise such enforcement powers.

• c. Administrative Citations and Orders. If the City Manager determines that a person is in violation of this chapter, the City Manager may issue administrative citations or orders and fines pursuant to Section 1.5.002 et seq. for violations of this chapter or of any rule or regulation adopted pursuant to this chapter, except as otherwise provided in this chapter. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety and shall govern the imposition, enforcement, collection and review of administrative citations or orders issued to enforce this chapter and any rule or regulation

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.20.226

§ 4.20.226

adopted pursuant to this chapter; provided, however, that the City Manager may adopt regulations providing for lesser penalty amounts. The City Manager has the authority to impose administrative penalties for the notices of violations.

• d. The City Attorney may seek injunctive relief or civil penalties in the Superior Court in addition to the above remedies and penalties. Any remedy provided under this section is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the City or its authorized collection agent(s) to bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the City or its authorized collection agent(s). The fees and penalties imposed under this chapter shall constitute a civil debt and liability owing to the City from the persons, firms or corporations using or chargeable for such services and shall be collectible in the manner provided by law. Nothing in this chapter shall be deemed to impose any liability upon the City or upon any of its officers or employees including without limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). This chapter does not do any of the following:

  • 1. Otherwise affect the authority of the City Manager to take any other action authorized by this Code or any other provision of law.
  • 2. Restrict the power of a City attorney, district attorney or the Attorney General to bring in the name of the people of the State, any criminal proceeding otherwise authorized by law.
  • 3. Prevent the City Manager from cooperating with, or participating in, a proceeding specified in this chapter.
  • 4. Affect in any way existing contractual arrangements, including franchises, permits or licenses, previously granted or entered into between the City franchise hauler and City.

• (Ord. 11-21, 12/14/2021)

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.20.302

§ 4.20.308