(a) In order to meet the requirements of the California Integrated Waste Management Act of 1989 (“the Act”) (Public Resources Code Section 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), including the requirements of AB 341, AB 1826 and SB 1383 set forth in the Act, source reduction of the solid waste stream, diversion of solid waste including organic waste from landfills, and conservation of natural resources, it is necessary to regulate the collection of solid waste from commercial, industrial and residential premises, and to encourage recycling of solid waste materials.

(b) The mandates of CalRecycle, the Southern California Air Quality Management District, and other regulatory agencies, concerning air pollution and traffic congestion management, require the regulation and, where possible, reduction in the number of waste collection vehicles and vehicle trips which cause the discharge of air contaminants and create air pollution.

(c) A reduction in the number of waste collection vehicles using the city streets daily will reduce traffic hazards and congestion and promote safety.

(d) The storage, accumulation, collection and disposal of solid waste, including without limitation garbage, trash, debris and other discarded materials, is a matter of substantial public concern in that improper control of these matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems adversely affecting the public health, safety and welfare.

(e) Regulation of the collection of solid waste and other discarded materials from all residential, commercial and industrial properties within the city will provide the most orderly and efficient solution to these problems and will promote the public health, safety and welfare.

(f) The regulation of solid waste and recyclable materials handling services in the city will also promote the public health, safety and welfare by requiring the use of newer and safer vehicles, the regular maintenance of those vehicles, and the reduction of spillage and litter on the public streets, by establishing responsibility for the cleaning of solid waste and recyclable materials bins and containers, and by providing for accountability to the public.

(g) The public health, safety and welfare will best be served by providing for one or more contracts for residential, commercial and industrial solid waste and recyclable materials collection services.

(a) Public Resources Code Section 40059 authorizes the city to determine: (i) all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste handling services; and (ii) whether the services are to be provided by means of nonexclusive contract, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety and well-being so require, by partially exclusive or wholly exclusive contract, contract, license, permit, or otherwise, either with or without competitive bidding.

(b) Public Resources Code Section 49300 provides that the city may, pursuant to terms and conditions as may be prescribed by its legislative body, contract for the collection or disposal, or both, of solid waste and other discarded materials.

(c) Public Resources Code Section 49501 provides that the city may take action, whether by franchise, contract, license, permit, or otherwise, whereby the city itself, or one or more other local agencies or solid waste enterprises, is authorized or permitted to have the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the city.

(d) It is the intent of this chapter to set forth terms and conditions pursuant to which authorization may be granted by the city council to provide solid waste handling services, and to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the storage, accumulation, collection and disposal of solid waste and other discarded matter, goods and material. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-1.1).