ORDINANCE NO. 3586
ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADDING CHAPTER 9-14, "CONSTRUCTION AND DEMOLITION DEBRIS" TO THE SANTA ROSA CITY CODE
THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:
Section 1. Findings.
(A) The State of California through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the state divert 50% of discarded materials (base year 1990, state methodology) from landfill.
(B) The City could face fines up to $10,000 a day for not meeting the above mandated goal.
(C) Construction and Demolition (C&D) debris constitutes a large portion of the waste stream in the City. These materials have significant potential for waste reduction and recycling.
(D) The City finds that reusing and recycling C&D debris is essential to further the City's efforts to reduce waste and comply with AB939.
(E) C&D debris waste reduction and recycling have been proven to reduce the amount of such material that is landfilled, increase site and worker safety, and be cost effective.
(F) Except in unusual circumstances, it is feasible to divert an average of at least fifty (50) percent of all C&D debris from construction, demolition, and renovation projects.
(G) C&D debris box collection requires service providers to use city streets, public right of ways and infrastructure.
(H) The public health, safety and welfare require that non-exclusive franchises be awarded to qualified companies for the collection, recycling and disposal of C&D debris in the City.
Section 2. Purpose.
It is the purpose of this ordinance to establish a procedure for the City to grant and regulate non-exclusive franchises to providers of Construction and Demolition Debris Collections Services within the City of Santa Rosa to promote the public health, welfare and safety of the community by establishing reasonable regulations relating to the collection and disposal of construction and demolition debris.
Section 3. Chapter 9-14 is added to the Santa Rosa City Code to read as follows:
"Chapter 9-14
CONSTRUCTION AND DEMOLITION DEBRIS
9-14.010 Definitions.
For the purpose of this chapter, the following words, terms, and phrases shall be defined as follows:
(A) "Construction" means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
(B) "Construction and Demolition Debris" or "C&D" means used or discarded materials resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure and such other materials as may be removed during the normal cleanup process of such construction, remodeling, repair, or demolition operations.
(C) "C&D Franchisee" means a construction and demolition debris box hauler that has been granted a Non-Exclusive Construction and Demolition Debris Box Franchise by the City.
(D) "C&D Generator" means a residential or commercial entity that produces C&D.
(E) "C&D Project" means a project that requires a building or demolition permit and produces C&D.
(F) "Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
(G) "Divert" means to use material for any purpose other than disposal in a landfill or transformation facility.
(H) "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
9-14.020 Requirement of Franchise Agreement.
(A) Any person or entity who engages in providing construction and demolition debris box collection service within the City shall be required to enter into a non-exclusive Franchise Agreement with the City to provide such service.
(B) In addition to the Franchise Agreement required hereunder, every Franchisee shall obtain and maintain at all times during the Franchisee's operations a business license issued by the City, and all applicable permits and licenses required by any Public Agency having jurisdiction over the operation of said business.
9-14.030 Exceptions to Franchise Requirements.
The following services are excluded from the non-exclusive construction and demolition franchise requirements:
(A) Self haul materials, which are generated by a residential or commercial entity and delivered by that entity directly to a recycling facility, transfer station or disposal facility.
(B) Recyclables collection services, provided that at least ninety (90) percent of each load is actually recycled, and not disposed of.
(C) Removal of materials from a premises by a contractor as an incidental part of a gardening, landscaping, tree trimming, cleaning, maintenance, construction or similar service offered by that contractor rather than as a hauling service, provided that the hauling is performed by the contractor itself and not a subcontracted hauling company.
(D) Removal of construction and demolition debris from a construction site by the construction contractor, provided that the hauling is performed by the contractor itself and not a subcontracted hauling company.
9-14.040 Granting of Non-Exclusive Franchise Agreement.
(A) The City Manager shall be authorized to grant non-exclusive franchises to qualified persons or entities in accordance with this Chapter. All qualified applicants, as determined by the City Manager, shall be granted a non-exclusive franchise for construction and demolition debris collection service.
(B) Each applicant shall be required in order to be granted a non-exclusive franchise to provide the following:
(1) A signed application demonstrating experience providing collection and demolition debris experience in the City of Santa Rosa prior to the effective date of this ordinance or experience in comparable jurisdictions or other comparable business experience;
(2) A signed Franchise Agreement as specified herein and in a form approved by the City Manager and the City Attorney;
(3) Proof of Insurance in the amounts specified in the Franchise Agreement;
(4) A minimum of three customers that the City may contact to conduct a reference check; and
(5) Provide operations information including equipment description, invoice and billing system and customer service procedures and a recycling plan in a form designated by the City Manager.
(C) The City Manager shall have the discretion to deny any application for a non-exclusive franchise under any of the following circumstances:
(1) Failure to comply with any of the provisions set forth in subsection (B) above;
(2) Evidence that the applicant's franchise was previously terminated within 5 years prior to the date of the application;
(3) Evidence that the applicant previously operated a construction and demolition debris collection service in the City without holding a valid franchise; or
(4) A finding that the applicant lacks sufficient experience, equipment or recycling plan to safely comply with the requirements of the Franchise Agreement.
(D) Any applicant whose application is denied shall have the right to appeal said denial to the Council as provided under section 9-14.070.
9-14.050 Franchise - Terms and Conditions.
The Franchise Agreement authorized by section 9-14.20 shall provide, but not be limited to:
(A) Non Exclusive Right of Franchisee. The agreement shall provide that the Franchisee is granted a non-exclusive franchise to provide construction and demolition debris collection service within the City.
(B) Franchise Fee. The agreement shall provide that the franchisee shall be required to pay to the city a franchise fee in the amount of nine percent (9%) of the gross revenues generated by the franchisee from services performed within the City on the dates specified in the agreement. The Council shall retain the power, by resolution, to amend the amount of the franchise fee as the Council deems necessary to protect the interests of the City.
(C) Public Liability Insurance. The Agreement shall provide that the Franchisee shall carry public liability insurance in amounts determined by the City, for the death or injury of one or more persons and for property damage. Such insurance shall name the City, its officers, agents and employees as an additional insureds.
(D) Recycling Requirement. The Agreement shall provide that the Franchisee shall be required to recycle fifty percent (50%) of all Construction and Demolition Debris collected within the City and provide penalties for failure to comply with this provision.
(E) Performance Standards. The Agreement shall specify standards of performance that the franchisee shall be required to comply with as determined by City to insure protection of the public health, safety and welfare.
(F) Additional Terms and Conditions. The Council shall retain the power, by resolution, to provide for the inclusion in such agreement of such additional terms and conditions as the Council deems necessary to protect the interests of the City.
9-14.060 Supervision Authority.
The City Manager shall have the authority to supervise the operations of the Franchisee and the collection of construction and demolition debris.
9-14.070 Termination of Franchise.
(A) The City shall have the right to terminate a non-exclusive franchise based on the City Manager's determination that an event of default has occurred as defined in the Franchise Agreement.
(B) The Franchisee shall have no right or authority to engage in construction and demolition debris collection, recycling or disposal operations in the City for a period of five years from the date of the termination. After five years, should the Franchisee provide proof that the event causing the Franchisee to default has been corrected, and at the sole and complete discretion of the City, the Franchisee may be reinstated upon re-submittal of an application to provide non-exclusive C&D debris box collection.
(C) Any Franchisee whose franchise is terminated by the City Manager shall have the right to appeal such determination to the Council as provided in section 9-14.070.
9-14.080 Appeal of City Manager's Determination.
(A) Any person whose application for a franchise is denied or whose franchise is terminated may appeal such decision to the Council by filing with the City Clerk, within ten (10) days from and after the date of denial or termination of the franchise, a written notice of appeal which shall set forth the grounds for such appeal.
(B) The Council shall hold an appeal hearing not later than thirty (30) days following the receipt of the written request. The Council shall render its decision after the close of the appeal hearing and its decision shall be final.
9-14.090 Rates, Fees and Charges.
The Council may, by resolution, or an approved Franchise Agreement, place a limit on the rates, fees and charges (collectively "Fees") Franchisees may charge to their customers within the City. No Franchise shall charge any Fee which is greater than the maximum permitted by the Council, unless otherwise authorized in this chapter.
9-14.100 Violation
It shall be unlawful for any person or entity to provide construction and demolition debris collection services within the City without obtaining a franchise as required under subsection (A) except as provided in section 9-14.030. Violation of this provision shall constitute a misdemeanor."
Section 4. Environmental Determination. The Council finds that the adoption and implementation of this ordinance are exempt from the provisions of the California Environmental Quality Act in that the Council finds there is no possibility that the implementation of this ordinance may have significant effects on the environment.
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid, the validity of the remaining portions of this ordinance shall not be affected.
Section 6. Effective Date. This ordinance shall take effect on the 31st day following its adoption.
IN COUNCIL DULY PASSED AND ADOPTED this 5th day of November, 2002.