HomeMy WebLinkAbout6.8 DiscardMaterialNon-Exc
CITY CLERK
File # DlBJ[I][?1]-c;.z¡rm
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 21, 2005
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
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PUBLIC HEARING: Ordinance amending Sections 5.32 and 7.30
of the Dublin Municipal Code relating to Solid Waste Management
and Waste Management Plans and consideration of a Form of
Discard Material Non-Exclusive ColJection Franchise Agreement
Report Prepared By: Jason Behrmann, Sr. Administrative Analyst
I)
Resolution Approving Form of Discard Material Non-
Exclusive
Collection Franchise Agreement
Discard Material Non-Exclusive Collection Franchise
Agreement Application
Ordinance amending Section 5.32 and 7.30 of the Dublin
Municipal Code
Section 5.32 of the Current Dublin Municipal Code
Section 7.30 of the Current Dublin Municipal Code
2)
3)
4)
5)
I)
2)
3)
4)
5)
6)
Open Public Hearing
Receive Staff Presentation
Receive Public Testimony
Close Public Hearing
Deliberate
Adopt Resolution approving Form of Discard Material Non-
Exclusive Collection Franchise Agreement
Waive Reading and INTRODUCE Ordinance
7)
FINANCIAL STATEMENT: Those companies awarded a non-exclusive col1ectionll-anchise
agreement will be required to remit franchise fees to the City in the amount of 15.6% of gross revenues.
The City does not currently know the income generated by construction and demolition debris hauling
services in the City therefore it is difficult to estimate the total revenue that may be received through this
program.
_______~.~~~__________.ww~*_~_________________________-______________________________w_.w~~__________________
H/cc~forms/agda~tmt.doc
COPIES TO: Ric Hutchinson, R3 Consulting Group
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BACKGROUND:
On January 18, 2005, the City Council approved an agreement with R3 Consulting Group to assist the
City in developing a non-exclusive Ibnchise agreement to regulate the collection of materials outside the
scope of the exe1l1sive Agreement with Amador Valley Industries (A VI). The services to be regulated by
the non-exclusive agreement include the collection of construction and demolition (C&D) debris and solid
waste and recyclable materials ("discard materials") generated by State, County and other local
governmental entities.
DISCUSSION:
The colJection of C&D materials was intentionally excluded from the Agreement with A VI to allow more
service options and competition from haulers that specialize in collecting and recycling C&D materials.
The City's current Solid Waste Ordinance requires companies collecting source separated recyclable
materials such as C&D, to receive a Recycling Transporter Permit from the City. There are currently 6
companies operating in the City under this permitting system. The current permit system does not require
the payment of franchise fees or submittal of diversion reports to the City.
Under sovereign immunity principles under state law, the collection of solid waste and recyclable
materials from State, County and other local governmental agencies is excluded from the Agrccmcnt with
A VI, beeausc the City may not require these entities to contract with the City's exclusive franchisee.
These governmental entities currently receive service from Waste Management and could continue to
receive services from Waste Management or any other solid waste company after July 1, 2005. Pursuant
to California law, these entities have always been outside the scope of the exclusive franchise, but have
previously chosen to receive services from the exclusive collection scrvice provider. Staff is concerned
that some or all of these government facilitics could choosc a company other than tbe exclusive provider,
resulting in the loss of franchise fees, reporting information and diversion requirements. In addition,
without regulating companies offering services to these government facilities, A VI would be at a
competitive disadvantage because A VI is required to pay franchise fees on the gross revenues of all of its
solid waste operations in the City, including services to government facilities.
Discard Material Non-Exclusive Collection Franchise Al!reement
In order to create a fair and competitive environment for all companies desiring to perform non-exclusive
col1ection services in the City of Dublin, Staff has developed a Discard Material Non-Exclusive
Collection Franchise Agreement (Attachment 1) regulating the collection of C&D materials from all
public and private generators, including privatc developers, and the ,collection of solid waste and
recyclable materials from those State County and local governmental agencies excluded from the
exclusive franchise agreement with A VI. Under the terms of the non-exclusive franchise agreement, the
francbisee would be required to recycle fifty percent (50%) of all discard material, except asphalt and
concrete, collccted from its customers in the City. The franchisee would be required to recycle one
hundred percent (100%) of all asphalt and concrete collected from its customers in the City. The
franchisee would also be required to pay a fifteen and six tenths percent (15.6%) franchise fee on all gross
revenues for services provided under the terms of the franchise within the Dublin City Limits, which is the
same as the exclusive franchise. The draft Agreement also includes reporting and insurance requirements.
Before the City would award a non-exclusive franchise agreement, companies would be required to
submit a Discard Material Non-Exclusive Collection Franchise Agreement Application (Attachment 2) to
the City. The application would require a description of the company's qualifications, demonstrating
experience providing similar collection services in the City or in comparable jurisdictions. Additionally, .
the potential franchisee would be required to submit operational details such as: equipment descriptions;
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invoicing, bill collection and customer service information; and a recycling plan describing the company's
plan to recycle fifty percent (50%) of all material collected from customers in the City. The recycling plan
would also include a list of facilities to be used for processing the material and the markets for those
materials.
The draft Agreement and Application were circulated to the six col1ection companies currently operating
in the City of Dublin, in order to receive comments and feedback regarding the proposed documents. The
haulers were also invited to a meeting in the Regional Meeting Room on May 3, 2005 to discuss their
concerns and ask any additional questions. Four companies attended the meeting and provided Staff with
valuable feedback that resulted in several modifications to the draft Agreement.
Ordinance Amendments
In order for the City to implement the non-exclusive col1ection franchise agreement program as described
above, certain changes need to be made to the City's current Solid Waste Management Ordinance (Section
5.32 of the Dublin Municipal Code) and Waste Management Plan Ordinance (Section 7.30 5.32 of the
Dublin Municipal Code). Specifically, it is proposed that the Solid Waste Ordinance be amended to allow
the City to enter into non-exclusive franchisc agreements for the collection of materials outsidc the scope
of thc cxclusivc franchise agreement. The proposed Ordinance amendments delineate which services are
excluded from the exclusive franchise agreement and which services the City can regulate through a non-
exclusive franchise agreement.
The current Waste Management Plan Ordinance requires devclopers to submit a Waste Management Plan
for all construction and demolition projects in the City, and to recycle 50% of all C&D debris. It is
proposed that this Ordinance be amended to require recycling of 100% of all asphalt and concrete, and
50% of all remaining materials, consistent with the proposed non-exclusive franchise agreement. Concrete
and asphalt collected in Alameda County and throughout California are typically always recycled due to
the significant weight and expense of disposal. When the tonnage of recycled concrete and asphalt is
included in the total weight of recycled materials calculated for a project, the diversion numbers become
skewed. This can potentially result in decreased recycling of other materials, as the recycling of concrete
and asphalt alone is often sufficient to meet the 50% diversion requirement. Requiring 100% recycling of
concrete and asphalt, and 50% of all remaining materials ensures that other easily recyclable materials
such as wood, metal, cardboard, sheetrock etc. must be recycled in sufficient amounts, in order to meet the
50% diversion requirement for a project. Similar requirements bave been adopted by several other Cities
and Special Districts in Alameda County since as early as 2001.
Other Ordinance amendments are proposed (0 facilitate the standardization of definitions among the
various Sections of the Municipal Code and Agreements.
RECOMMENDA nON:
Staff recommends that the City Council open the Public Heating, receive Staff presentation and public
testimony, close the Public Heating, deliberate, and 1) Adopt Resolution approving Form of Discard
Material Non-Exclusive Col1ection Franchise Agreement, and 2) Waive reading and introduce the
Ordinance amending Chapters 532 and 7.30 of the Dublin Municipal Code.
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL OJ<' THE CITY OF DUBLIN
-k********
APPROVING A FORM OF THE DISCARD MATERIAL NON-EXCLUSIVE COLLECTION
FRANCHISE AGREEMENT
WHEREAS, ¡he Legislature of the State of California, by enactment ofthe California Integrated
Waste Management Act of 1989 ("Act") and subsequent additions and amendments (codified at
California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to
authorize and require local agencies to make adequate provisions for Solid Waste Collection within their
jurisdiction; and,
WHEREAS, the CITY has dctcrnJined that the public health, safety and welfare require that non-
exclusive franchises be awarded to qualified companies for the collection, transport, recycling and
disposal of Discard Materials in the CITY; and
WHEREAS, the City has a franchise bauler with the exclusive rights to perform Collection
Services and such exclusive franchise does not include the collection and transportation of materials
defined herein as Discard Materials; and
WHEREAS, AB 939 requires the CITY to meet a fifty percent (50%) diversion rate; and
WHEREAS, the CITY has determined that to meet the fifty percent (50%) diversion requirement it
must regulate Discard Material collection service, and it has adopted Ordinance No. to facilitate that
regulation; and
WHEREAS, the Legislature has found and declared in Section 49510 of the Public Resources
Code that it is in the public interest to foster and encourage solid waste enterprise so that, at all times,
there will continue to be competent enterprises willing and financially able to furnish needed solid waste
handling service; and
WHEREAS, one of the purposes of this Agreement is to regulate such franchises in order to
ensure the orderly collection, recycling, and disposal of Discard Materials in the CITY and to minimizc
the potential for adverse effects it may have on the local environment; and
WHEREAS, the CITY requires all haulers providing Discard Material collection service in the
CITY to obtain a non-exclusive franchise in order to regulate this business, ensure its orderly operation
and to minimize the potential for adverse effects it may have on the local environment; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the form of the Discard Material Non-Exclusive Collection Franchise Agreement attached hereto
as EXHIBIT A; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute sucb
agreements in substantially the fonn attached hereto as EXHIBIT A, with qualifying companies that meet
the requirements established by the Franchise Agrccmcnt and Chapter 5.32 ofthe Dublin Municipal Code,
as amended by Ordinance No. ~.
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PASSED, APPROVED AND ADOPTED this 21st day ofJune, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
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Mayor
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-a Db (,4:
City of Dublin
Discard Material Non-Exclusive Collection Franchise
Issued by
City of Dublin
100 Civic Plaza
Dublin, CA 94568
June 22, 2005
EXHIBIT A
Discard Material Non-Exclusive Collection Franchise Aqreement
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Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
Section 29.
Section 30.
Section 31.
Page ii
TABLE OF CONTENTS
Definitions...........................................................................................................·2. .
Grant of Franchise. .... ....... ........ .... ... ....... ... ............... ... .................. ...... ........ .........4..
Acceptance of Franchise......... .......... .......... ... ....... ............... ........ ...... .... .......... ... .4.
Tenn of Franchise. ......................................................................................___.....4..
Conditions for Effectiveness... ... .............. ...... ............................. .... ...... .............. ..4.
Limitations on Scope of Franchise. ......................................................................5.
Franchise Fees.................................................................................................... 5..
Franchise Fee Payment. .............................. ....... .......... ................ ...... .......... .......5.
Ownership of Discard Material. ............................................................................6.
Disposal of Discard Material........................ .......... .... ............................... .... .... ....6.
Recycling Requirement ............. ....... ............. ....... ....... ........... .... ....... ......... ..........6.
Reports................................................................................................................7.. .
Inspection Authority. ........... .... .... ...... ......... ....... ....... ............ .......... ...... ........ ...... ...8..
Insurance Requirements. ........ ...... ...... .... ....... ......................... ... ....... ... ........... .....9.
Indemnity. ..........................................................................................................1 j.
Collection Equipment. ....................................................................................... .1.1
Abandoned Containers...................................................................................... .1.1
FRANCHISEE Provided Discard Material Containers.........................................12
Personnel................................................................................................... ...... .12
Permits and Licenses........ ....... ....... .......... .......... ....... ............ ............ ................1.3
Liquidated Damages ........... .... ...... ....... ... ....... ....,.................... .... ........ .... .......... .1.3
Default, Termination............................................................................... ............14
Conditions Upon Termination.. ... ......... ........... ... ........ ................. ....... ...... .... ........16
Notices............................................................................................................. ..1.6
Relationship of the Parties .....___.........................................................................17
Compliance with Law.........................................................................................·1.7
Governing Law........ .... ... ..... ....... ......... .......... ..................... .... ... ....... ................ ..1Z
Jurisdiction........................................................................................................ .17.
Assignment....................................................................................................... .17.
Binding on Successors.. .... ....... ...... ........... ...... .............. ....... .......... ....... ...... .......1.8
Waiver.............................................................................................................. .1.8
CD Agreement 6 22 OS.doc
Discard Material Non-Exclusive Collection Franchise AQreement
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Section 32.
Section 33.
Section 34.
Section 35.
Page iii
Entire Agreement...... __.. __..u......... u.... u............................... __. ___. u....................... .18
Interpretation.... u............................................. u.. u. u.......... u................. __. ___..... u18
Amendment........................ __........ u.... __.. u......................:.................... ............. .18
Severability............. __. __.. __.......................................................... __..................... .19
CD Agreement 6 22 OS.doc
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Discard Material Non-Exclusive Collection Franchise Aareement
1 DISCARD MATERIAL NON-EXCLUSIVE COLLECTION
2 FRANCHISE AGREEMENT BETWEEN THE CITY OF DUBLIN
3 ~D
4 This Agreement is made and entered into this _ day of , 20_, by and between the
5 CITY OF DUBLIN, a municipal corporation of the State of Caiifornia, herein after referred to as
6 "CITY", and a (describe legal entity), herein after referred to as
7 "FRANCHISEE".
8 RECITALS
9 WHEREAS; the Legislature of the State of California, by enactment of the California Integrated
10 Waste Management Act of 1989 ("Act") and subsequent additions and amendments (codified at
11 California Public Resources Code Section 40000 et seq.), has declared that it is in the public
12 interest to authorize and require local agencies to make adequate provisions for Solid Waste
13 Collection within their jurisdiction; and,
14 WHEREAS, the CITY has determined that the public health, safety and welfare require that non-
15 exclusive franchises be awarded to qualified companies for the collection, transport, recycling
16 and disposal of Discard Materials in the CITY; and
17 WHEREAS, the City has a franchise hauler with the exclusive rights to perform Collection
18 Services and such exclusive franchise does not include the collection and transportation of
19 materials defined herein as Discard Materials; and
20 WHEREAS, AB 939 requires the CITY to meet a fifty percent (50%) diversion rate; and
21 WHEREAS, the CITY has determined that to meet the fifty percent (50%) diversion requirement it
22 must regulate Discard Material collection service; and
23 WHEREAS, the Legislature has found and declared in Section 49510 of the Public Resources
24 Code that it is in the public interest to foster and encourage soiid waste enterprise so that, at all
25 times, there will continue to be competent enterprises willing and financially able to furnish
26 needed solid waste handling service; and
27 WHEREAS, one of the purposes of this Agreement is to regulate such franchises in order to
28 ensure the orderly collection, recycling, and disposal of Discard Materials in the CITY and to
29 minimize the potential for adverse effects it may have on the local environment; and
30 WHEREAS, the CITY requires all haulers providing Discard Material collection service in the
31 CITY to obtain a non-exclusive franchise in order to regulate this business, ensure its orderly
32 operation and to minimize the potential for adverse effects it may have on the local environment;
33 and
34 WHEREAS, FRANCHISEE has applied to the CITY for a Discard Material Collection Franchise;
35 and
36 WHEREAS, the City Manager has reviewed FRANCHISEE'S application for the purpose of
37 determining whether FRANCHISEE meets the requirements for the granting of such Franchise;
38 and
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CD Agreement 6 22 OS.doc
Discard Matarial Non-Exclusiva Collection Franchise AQraamant
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39 WHEREAS, the CITY has determined that the grant of such Franchise to FRANCHISEE is in the
40 public interest; and
41 WHEREAS, FRANCHISEE intends to the use public right of ways and infrastructure to provide
42 Discard Material collection service; and
43 WHEREAS, the CITY intends to receive value for the Franchise issued; and
44 WHEREAS, FRANCHISEE agrees to and acknowledges that it shall arrange for the proper
45 recycling and disposal of all Discard Material collected in the CITY and that the CITY is not
46 instructing FRANCHISEE how to collect, transport, recycle or dispose of Discard Material so long
47 as its operation is consistent with City Code and applicable laws; and
48 WHEREAS, the CITY and FRANCHISEE desire to enter into a Discard Material Non-Exclusive
49 Collection Franchise Agreement in order that FRANCHISEE may perform Discard Material
50 collection, recycling and disposal services in the CITY.
51 NOW, THEREFORE, based on the mutual promises contained herein, the parties agree as
52 follows:
53 Section 1. Definitions
54 For the purpose of this Discard Material Non-Exclusive Collection Service Agreement, hereinafter
55 referred to as "Agreement", the definitions contained in this Article shall apply unless otherwise
56 specifically stated. If a word or phrase is not defined in this Section, the definition of such word or
57 phrase as contained in Chapter 5.32 of the Dublin Municipal Code shall control. When not
58 inconsistent with the context, words used in the present tense include the future, words in the
59 plural include the singular, and words in the singular include the plural. Use of the masculine
60 gender shall include the feminine gender.
61 a. Construction and Demolition Debris ("C&D"). Used or discarded materials
62 resulting from construction, remodeling, repair or demolition operations on any pavement, house,
63 commercial building, or other structure and such other materials as may be removed during the
64 normal cleanup process of such construction, remodeling, repair, or demolition operations.
65 b. Construction and Demolition Debris Box. A detachable container of ten (10) to fifty
66 (50) cubic yards used for the collection of Construction and Demolition Debris, which is designed
67 to be transported to, and left on the ground on or adjacent to, the property where the Construction
68 and Demolition Debris is generated.
69 c. Discard Material. Construction and Demolition Debris, and Governmental Material
70 and Recyclable Material. if a Governmental Service Unit elects not to have such materials
71 collected pursuant to the Exclusive Franchise.
72 d. E-Waste. Discarded electronics equipment such as cell phones, computers,
73 monitors, televisions, and other items containing cathode ray tubes (CRTs).
74 e. Exclusive Franchise. The Collection Service Agreement made and entered into by
75 and between the City of Dublin and Amador Valley Industries, Inc. on January 12, 2005 for the
76 provision of Collection Services.
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CD Agreement 6 22 05.doc
Discard Material Non-Exclusive Collection Franchise Aqreement
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77 f. Fixed Bodv Vehicle. An end-dump trailer hauled by a tractor, a dump truck, or
78 other such vehicle where the container portion of the vehicle used to collect and transported the
79 C&D is a fixed part of the vehicle body. Fixed Body Vehicles do not include vehicles
80 manufactured to or designed to transport and deliver Construction and Demolition Debris Boxes.
81 g. Force Maieure. Acts of God including landslides, lightening, forest fires, storms,
82 floods. freezing and earthquakes, civil disturbances, labor unrest, lockouts, wars, blockades,
83 public riots, explosions, or government restraint.
84 h. Franchise Administrator. The City Manager or his designee.
85 I. Franchise Year. The fiscal period beginning on July 1" and ending on June
86 30'", except for the initial Franchise Year which begins on the effective date of the Agreement and
87 ends on the subsequent June 30th.
88 j. Garbaoe. All putrescible waste which generally includes, but is not limited to,
89 kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with,
90 or results from the storage, preparation, cooking or handling of food materials.
91 k. Governmental Material. Solid Waste, Recyclable Materials, Organic Waste, or
92 Large Items generated by a Governmental Service Unit at the service location wherein the
93 Governmental Material is collected.
94 I. Governmental Service Unit. A State, County, District or Local Agency located in
95 the Service Area.
96 m. Green Waste. Any vegetative matter resulting from normal yard and landscaping
97 maintenance including plant debris, such as Palm. Yucca and Cactus, grass clippings, leaves,
98 pruning, weeds, branches, brush, Christmas trees, and otherforms of vegetative waste.
99 n. Laroe Items. Those materials including furniture; carpets; mattresses; appliances;
100 E-Waste; clothing; tires without rims; and large Green Waste.
101 o. Oraanic Waste. Green Waste, food scraps and trimmings from food preparation,
102 including but not limited to; fruit and vegetable waste, grain waste, dairy waste, meat and fish
103 waste, and such items as non-recyclable or contaminated paper such as pizza boxes, take-out
104 food cartons (cardboard), paper towels, waxed cardboard, wooden packaging such as crates and
105 untreated and unpainted wallboard, etc..
106 p. Recvclable Materials. Those materials which are capable of being recycled and
107 which would otherwise be processed or disposed of as Solid Waste that are generated by and at
108 the service unit wherein the Recyclable Materials are collected.
109 q. Rubbish. All refuse, accumuiation of paper, excelsior, rags, wooden boxes and
110 containers, sweep-ups and all other accumulations of a nature other than Garbage and Organic
111 Waste.
112
113
r.
s.
Service Area. That area within the corporate limits of the City of Dublin.
Solid Waste. Garbage and Rubbish.
CD Agreement 6 22 05.doc
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Discard Material Non-Exclusive Collection Franchise Aareement
114 Section 2. Grant of Franchise
115 a. The CITY hereby grants to FRANCHISEE a Discard Material Non-Exclusive
116 Collection Franchise ("Franchise") authorizing FRANCHISEE to engage in the business of
117 collecting, recycling, and disposing of Discard Material from generators in the SelVice Area.
118 b. This grant is pursuant to FRANCHISEE'S application for the Franchise, which
119 application is incorporated herein by this reference.
120 Section 3. Acceptance of Franchise
121 a. FRANCHISEE hereby accepts the Franchise on the terms and conditions set forth
122 in this Agreement, City Code, and all related ordinances and resolutions. Execution of this
123 Agreement shall constitute the notification to FRANCHISEE as may be required by Public
124 Resources Code Section 49520 which may require a five (5) year notice period should the CITY
125 wish to enter into an exclusive franchise or contract for Construction and Demolition Debris
126 collection selVices in the future.
127 b. FRANCHSEE shall notify the CITY in writing of any Discard Material haulers
128 known to be operating within the CITY without a Discard Material Non-Exclusive Collection
129 Franchise.
130 Section 4. Term of Franchise.
131 a. The term of the Franchise granted to FRANCHISEE shall commence on the date
132 first indicated above and terminate on June 30,2012 ("the Initial Term"), unless earlier terminated
133 pursuant to Section 22 of this Agreement.
134 b. At the end of the Initial Term and at the end of each Extended Term, this
135 Agreement and the Franchise granted herein shall automatically be extended for a one (1) year
136 period ("the Extended Term") unless:
137 (1) FRANCHISEE is in material default under this Agreement or
138 (2) The CITY provides the FRANCHISEE with one hundred and twenty (120) days'
139 notice prior to the termination of the end of the Initial Term or the end ofthe Extended Term.
140 c. No later than one hundred and twenty (120) days prior to the end of the Initial
141 Term and each Extended Term, FRANCHISEE shall provide the CITY with updated application
142 information identifying all material changes since the submission of the initial application or the
143 last application update.
144 Section 5. Conditions for Effectiveness.
145 This Agreement shall not become effective until FRANCHISEE has satisfied each and all of the
146 conditions set forth below, each of which may be waived in whole or in part by the CITY.
147 a. Accuracy of Representations. The representation and warranties made by
148 FRANCHISEE in its Application for Franchise are true and correct on and as of the effective date.
149 b. Absence of Litigation. There is no litigation pending on the effective date in any
150 court challenging the award or execution of this Agreement or seeking to restrain or enjoin its
151 performance.
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Discard Material Non-Exclusive Collection Franchise Aareement
152 c. Furnishing of Insurance. FRANCHISEE has furnished evidence of the Insurance
153 required by Section 14 of this Agreement.
154 Section 6. Limitations on Scope of Franchise.
155 a. Under the terms of this Franchise, the FRANCHISEE has the non..exclusive
156 authority to provide Discard Material collection services in the CITY.
157 Section 7. Franchise Fees.
158 a. During the term of the Franchise, FRANCHISEE shall pay to the CITY franchise
159 fees for the use of the streets and right of ways and the right to engage in the business of
160 collecting, recycling and disposing of Discard Materials kept, accumulated or generated in the
161 Service Area.
162 b. Franchise fees shall be payable on all gross revenues received for the provision of
163 Discard Material collection services from customers located within the Service Area, including,
164 without limitation, all amounts paid by each customer or its agents in respect of the materials
165 collected, such as hauling fees. equipment rental charges, management fees, logistics fees, and
166 all other amounts, however denominated and to whomever paid. The initial franchise fee shall
167 be 15.6% of such received revenue.
168 c. The CITY reserves the right to modify the amount of the franchise fees and
169 manner of payment at any time during the term of this Agreement by a resolution of the City
170 Council.
171 Section 8. Franchise Fee Payment.
172 a. Franchise fees shall be payable on a monthly basis, and shall be due and payable
173 on the fifteenth (15th) day of the month immediately following the month in which collection
174 services were provided. Each payment shall be calculated in accordance with the provisions of
175 this Agreement.
176 b. Each franchise fee payment shall be accompanied by a written statement, verified
177 by the person making the payment, or a duly authorized representative of the person, showing
178 the calculation of the franchise fee payable in such form and detail as the CITY may require and
179 such other information as the CITY may determine is material to a determination of the amount
180 due.
181 c. No statement filed under this Section shall be conclusive as to the matters set
182 forth in such statement, nor shall the filing of such statement preclude the CITY from collecting by
183 appropriate action the sum that is actuallydue and payable.
184 d. If franchise fees are not paid by the FRANCHISEE at the times required by this
185 Section, then in addition to the franchise fees, the FRANCHISEE shall pay a late payment charge
186 as set forth in Section 21 of this Agreement.
187
188
189
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Discard Material Non-Exclusive Collection Franchise Aqreement
190
e.
FRANCHISEE shall pay all required franchise fees to:
191 Franchise Administrator
192 City of Dublin
193 100 Civic Plaza
194 Dublin, CA 94568
195 f. If FRANCHISEE remits franchise fees by personal delivery to the CITY, such
196 franchise fees shall be deemed timely paid only if delivered on or before the due date. If
197 FRANCHISEE remits franchise fees by mail or other delivery service, such franchise fees shall
198 be deemed timely only if (1) the envelope containing the franchise fee payment bears a postmark
199 or receipt showing that the payment was mailed or sent on or before the due date or (2)
200 FRANCHISEE submits proof satisfactory to the Franchise Administrator that the franchise fee
201 payment was in fact deposited in the mail or sent on or before said due date.
202 g. In the event FRANCHISEE believes that it has paid franchise fees in excess of the
203 fees due to the CITY, FRANCHISEE may submit a request for refund to the Franchise
204 Administrator. If proof of overpayment is satisfactory to the Franchise Administrator, the
205 Franchise Administrator shall authorize the CITY to refund to FRANCHISEE any overpayment
206 FRANCHISEE shall not apply any overpayment as a credit against any franchise fees or other
207 amounts payable to the CITY unless specifically so authorized by the Franchise Administrator in
208 writing.
209 Section 9. Ownership of Discard Material.
210 The CITY does not gain any ownership or right to possess Discard Material collected by
211 FRANCHISEE pursuant to this Agreement. Subject to the provisions of this Agreement and the
212 requirements of the CITY'S municipal code, FRANCHISEE shail have title to and may retain,
213 recycle, process, dispose of, or use the Discard Material that it collects.
214 Section 10. Disposal of Discard Material.
215 FRANCHISEE shall dispose of Discard Material collected or transported by
216 FRANCHISEE only by taking such Discard Material to a landfill, transfer station, recycling facility
217 materials recovery facility, or processing facility that is lawfully authorized to accept such material.
218 FRANCHISEE shall not dispose of such Discard Material by depositing it on any land, whether
219 public or private, except as authorized by the preceding sentence, or in any river, stream or other
220 waterway, or in any sanitary sewer or storm drainage system.
221 Section 11. Recycling Requirement
222 a. FRANCHISEE shall recycle fifty percent (50%) by weight of all Discard Material
223 except asphalt and concrete collected within the Service Area during each Franchise Year.
224 b. FRANCHISEE shall recycle one hundred percent (100%) by weight of all asphalt
225 and concrete collected within the Service Area during each Franchise Year.
226 c FRANCHISEE shall provide a printed list to each customer that specifies the
227 materials that may be placed in the various types of Discard Material containers including
228 Construction and Demolition Debris Boxes. FRANCHISEE shall specifically notify its customers
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229 that all liquid wastes are prohibited and, except for those containers specifically placed for the
230 collection of Solid Waste or Organic Waste, the putrescible waste content may not exceed five
231 percent (5%) of each load.
232 Section 12. Reports
233 a. Monthly reports shall be submitted no later than fifteen (15) calendar days after the
234 end of the reporting month and annual reports shall be submitted no later than forty-five (45) days
235 after the end of each Franchise Year. Monthly and annual reports shall be submitted in hard
236 copy, and shall be provided electronically via e-mail. on a 3.5" IBM-compatible diskette. or a
237 compact disc using software acceptable to the CllY.
238 b. FRANCHISEE shall file with the Franchise Administrator a monthly report of the
239 quantities of Discard Material collected, transported, recycled, and disposed. Such report shall be
240 in such form and detail as required by the Franchise Administrator. At a minimum, the report
241 shall include comparative data for all months in the current Franchise Year and a comparison
242 with historical data from the previous Franchise Year. The report shall contain, but not be
243 limited to, the following information:
244 (1) The Discard Material tonnage, by material type, collected and removed
245 within the CllY during the previous month;
246 (2) The Discard Material tonnage. by material type, collected and removed
247 during the previous month within the CITY that was recycled and the location of the facility
248 where such Discard Material was recycled (weight tickets shall be retained by the
249 FRANCHISEE and made available to the CllY upon request for up to three (3) years after
250 the date first issued);
251 (3) The weight by material type (Construction and Demolition Debris) and the
252 weight by material category (steel, aluminum, concrete) in tons of Discard Material
253 collected within the CITY that was disposed of by FRANCHISEE at a landfill. transfer
254 facility, compost facility, or material recovery facility during the previous month and the
255 location of the facility where the disposal of such Discard Material occurred. Weight
256 tickets shall be retained and made available to the CITY upon request for up to three (3)
257 years after the date first issued.
258 (4) Gross receipts collected during previous month on all Discard Material
259 collection services, by material type, provided to customers located within the CllY.
260 (5) A listing of each container by service location, size and type, (Construction
261 and Demolition Debris, Organic Waste, Solid Waste, etc,) in the Service Area from which
262 FRANCHISEE collected Discard Material during the month.
263 (6) The number of collections of each listed container during the month.
264 c. FRANCHISEE shall file with the Franchise Administrator an annual report of the
265 quantities of Discard Material collected, transported. recycled, and disposed. Such report shall be
266 in such form and detail as required by the Franchise Administrator. At a minimum, the report
267 shall include comparative data for the current Franchise Year and a comparison with historical
268 data from the previous Franchise Years. The report shall contain, but not be limited to, the
269 following information:
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270 (1) The weight by material type (Construction and Demolition Debris) and the
271 weight by material category (steel, aluminum, concrete) in tons of Discard Material
272 collected within the CITY that was disposed of by FRANCHISEE at a landfill, transfer
273 facility, compost facility, or material recovery facility during the previous year and the
274 location of the facility where the disposal of such Discard Material occurred. Weight
275 tickets shall be retained and made available to the CITY upon request for up to three (3)
276 years after the date first issued.
277 (2) Gross receipts collected during previous year .on all Discard Material
278 collection services, by material type, provided to customers located within the Service
279 Area.
280 (3) Changes to the recycling plan
281 (4) Updated insurance certificates.
282 d. FRANCHISEE shall maintain customer records containing such information as
283 may be required by the Franchise Administrator pertaining to the number and types of accounts
284 served by the FRANCHISEE. The CITY reserves the right to prescribe the format for providing
285 this information. This information· shall be provided to the Franchise Administrator upon request.
286 e. Upon the reasonable request of the Franchise Administrator, FRANCHISEE shall
287 submit to the CITY monthly reports including such additional information as may be required by
288 the Franchise Administrator. Such reports shall be prepared in a form as required by the
289 Franchise Administrator.
290 f. The Franchise Administrator may establish guidelines, forms and other
291 appropriate material to assist FRANCHISEE in preparing the reports required by this Section. A
292 FRANCHISEE'S failure to file the reports required by this Section shall constitute cause for
293 termination or suspension of its Franchise.
294
g.
Reports shall be submitted to:
295 Franchise Administrator
296 City of Dublin
297 100 Civic Plaza
298 Dublin, CA 94568
299 Section 13. Inspection Authority.
300 a. FRANCHISEE shall at all times maintain accurate and complete accounts of the
301 following records.
302 (1) All revenues and income arising out of its operations under the Franchise
303 granted pursuant to this Agreement.
304 (2) Any service complaints received and how they were resolved.
305 (3) FRANCHISEE'S books, accounts and records reasonably necessary for
306 the enforcement of this Agreement shall be made available for inspection, examination
307 and audit during normal business hours by authorized officers, employees and agents of
308 the CITY.
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309 The CITY shall provide FRANCHISEE written notice at least three (3) business days prior to any
310 inspection, audit or examination of these records.
311 b. In the event any audit conducted by the CITY or by the CITY'S representative
312 discloses that FRANCHISEE has made any intentional misrepresentation with respect to the
313 franchise fees or its diversion amounts to the CITY or discloses that FRANCHISEE has
314 underpaid franchise fees due to the CITY in an amount greater than One Thousand Dollars
315 ($1,000) or ten percent (10%) of the franchise fees payable to the CITY during the period covered
316 by the audit, whichever amount is greater, then in addition to any other remedies available to the
317 CITY, FRANCHISEE shall reimburse the CITY for the CITY'S costs incurred in the performance
318 of the audit Such reimbursement shall be paid by FRANCHISEE, along with any underpaid
319 franchise fees, late payments and interest, within thirty (30) days of the date the CITY notifies
320 FRANCHISEE of the amount of the CITY'S costs.
321 Section 14. Insurance Requirements.
322 FRANCHISEE shall obtain and shall maintain throughout the term of this Agreement, at
323 FRANCHISEE'S sole cost and expense, insurance against claims for injuries to persons or
324 damages to property which may arise from or in connection with the performance of work
325 pursuant to this Agreement by FRANCHISEE, its agents, representatives, employees or
326 contractors.
327 a. FRANCHISEE shall maintain at least the bllowing minimum insurance coverage:
328 (1) Commercial General Liability: $1,000,000 combined single limit per
329 occurrence for bodily injury, personal injury and property damage. If Commercial General
330 Liability insurance or other form with a general aggregate limit is used, either the general
331 aggregate limit shall apply separately to this Agreement or the general aggregate limit
332 shall be twice the required occurrence limit
333 (2) Automobile Liability: $1,000,000 combined single limit per accident for
334 bodily injury and property damage. Coverage shall include hired autos and non-owned
335 autos.
336 (3) Workers' Compensation and Employers Liability: Workers' Compensation
337 limits as required by the California Labor Code and Employers Liability limits of
338 $1,000,000 per accident
339 b. Any deductibles or self-insured retentions must be approved by the CITY'S Risk
340 Manager. FRANCHISEE shall be responsible for payment of all deductibles or self-insured
341 retentions.
342 c. The required insurance policies are to contain, or be endorsed to contain, the
343 following provisions:
344 (1) General Liability and Automobile Liability Coverage.
345 (a) The CITY, its officers, employees, agents and contractors are to be
346 covered as an additional insured as respects: liabiiity arising out of activities
347 performed by, or on behalf of FRANCHISEE; products and completed operations
348 of FRANCHISEE; premises owned, leased or used by FRANCHISEE; and
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349 automobiles owned, leased, hired or borrowed by FRANCHISEE. The coverage
350 shall contain no special limitations on the scope of protection afforded to the CITY,
351 its officers, employees and agents and contractors.
352 (b) FRANCHISEE'S insurance coverage shall be primary insurance as
353 respects the CITY, its officers, employees, agents and contractors, Any insurance
354 or self-insurance maintained by the CITY, its officers, employees, agents or
355 contractors shall be excess of FRANCHISEE'S insurance and shall not contribute
356 with it.
357 (c) Any failure to comply with reporting provisions of the policies shall
358 not affect coverage provided to the CITY, its officers, employees, agents or
359 contractors.
360 (d) Coverage shall state that FRANCHISEE'S insurance shall apply
361 separately to each insured against whom claim is made or suit is brought, except
362 with respect to the limits of the insurer's liability.
363 (2) All Coverage. Each insurance policy required by this Agreement shall be
364 endorsed to state that coverage shall not be suspended, voided, or canceled, except after
365 thirty (30) days' (ten (10) days for nonpayment) prior written notice has been given to the
366 CITY.
367 (3) The Automobile Liability policy shall be endorsed to delete the Pollution
368 and/or the Asbestos exclusion and add the Motor Carrier Act endorsement (MCS-90), TL
369 1005, TL 1007 and/or other endorsements required by federal or state authorities for
370 haulers of hazardous materials.
371 d. Insurance shall be placed with insurers acceptable to the CITY'S Risk Manager.
372 FRANCHISEE must place insurance with a current A.M. Best rating of no less than A:VII. The
373 CITY'S Risk Manager may waive or alter this requirement. or accept self-insurance in lieu of any
374 required policy of insurance if, in the opinion of the Risk Manager, the interests of the CITY and
375 the general public are adequately protected.
376 e. FRANCHISEE shall furnish the CITY with certificates of insurance and with
377 original endorsements affecting coverage required by this Agreement. The certificates and
378 endorsements for each insurance policy are to be signed by a person authorized by that insurer
379 to bind coverage on its behalf. Proof of insurance shall be mailed or personally delivered to the
380 address provided in Section 24 of this Agreement.
381 f. If General Liability, POllution and/or Asbestos Pollution Liability and/or Errors &
382 Omissions coverages are written on a claims-made form:
383 (1) The "Retro Date" must be shown, and must be before the date of the
384 contract or the beginning of contract work.
385 (2) Insurance must be maintained and evidence of insurance must be
386 provided for at least five (5) years after completion of the contract of work.
387 (3) If coverage is canceled or non~renewed, and not replaced with another
388 claims-made policy form with a "Retro Date" prior to the contract effective date, the
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389 Contractor must purchase "extended reporting" coverage for a minimum of five (5) years
390 after completion of contract work.
391 (4) A copy of the claims reporting requirements must be submitted to the CITY
392 for review.
393 g. FRANCHISEE acknowledges that the Discard Material Non-Exclusive Collection
394 Franchise granted to FRANCHISEE will not become effective. and FRANCHISEE will have no
395 authority to peliorm Discard Material collection in the CITY, unless FRANCHISEE provides
396 satisfactory proof of insurance PRIOR TO BEGINNING OPERATIONS AS A FRANCHISEE.
397 Section 15. Indemnity.
398 a. FRANCHISEE agrees to defend, with counsel selected by the CITY. indemnify,
399 and hold harmless the CITY, and its agents, officers, servants. and employees from and against
400 any and all claims asserted or liability established for damages or injuries to any person or
401 property. including injury to the CITY'S employees, agents or officers which arise from, or are
402 connected with, or are caused by willful or negligent acts or omissions of FRANCHISEE, or its
403 agents, officers or employees, in the peliormance of the non-exclusive Franchise or this
404 Agreement. or in performing the work or services therein, and all costs and expenses of
405 investigating and defending against same; provided. however, that FRANCHISEE'S duty to
406 indemnify and hold harmless shall not include any claims or liability arising solely from the
407 negligence or willful misconduct of the CITY, its agents, officers, servants and employees.
408 SectIon 16. Collection Equipment.
409 a. Containers shall be covered during transportation to prevent Discard Material from
410 escaping from the container.
411 b. All equipment used or provided by FRANCHISEE shall be kept in a safe and
412 sanitary condition. Vehicles used or provided by the FRANCHISEE for the Collection of Discard
413 Material shall be cleaned and painted, as needed, to maintain a clean and sanitary appearance.
414 Collection vehicles shall be painted and numbered without repetition and shall have the name of
415 the FRANCHISEE (as listed in this Agreement), the FRANCHISEE'S customer service telephone
416 number, and the number of the vehicle painted in letters of contrasting color, at least four (4)
417 inches high, on each side and the rear of each vehicle.
418 c. Vehicles will be subject to periodic, unscheduled inspections by the CITY and
419 determination as to sanitary condition shall be made by the CITY.
420 d. CITY shall have the right to prohibit the use of any vehicle that fails to comply with
421 the provisions set forth herein.
422 e. Violations of this provision shall subject the FRANCHISEE to liquidated damages
423 as set forth in Section 21 of this Agreement.
424 Section 17. Abandoned Containers.
425 a. If FRANCHISEE abandons any container used to provide Discard Material
426 services under this Franchise, the CITY may remove the container and/or dispose of the contents
427 of the container.
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b. If the CITY removes a container abandoned by FRANCHISEE and/or disposes of
the contents of any container abandoned by FRANCHISEE, the CITY may charge FRANCHISEE
for the CITY'S costs incurred in such removal/disposal and for the CITY'S costs of storage of the
container. FRANCHISEE shall reimburse the CITY for such costs within ten (10) days of the date
of the CITY'S invoice for such costs.
c. For the purposes of this Section, "abandoned" includes:
(1) FRANCHISEE'S failure to remove the container within thirty (30) days upon
termination of the Discard Material Non-Exclusive Collection Franchise or such additional
time as granted in writing by the CITY;
(2) FRANCHISEE'S failure to remove the container within a reasonable period
after the expiration of the Franchise granted to FRANCHISEE, except in the case where
FRANCHISEE has been granted an extension of the term of said Franchise or
FRANCHISEE has been granted a subsequent Discard Material Non-Exclusive Collection
Franchise authorizing FRANCHISEE to collect and transport the type or types of Discard
Material for which the container was used pursuant to this Agreement.
(3) FRANCHISEE'S failure to dispose of the contents of the container within
five (5) days after the Franchise Administrator issues written notice to FRANCHISEE to
dispose of the contents.
Section 18. FRANCHISEE Provided Discard Material Containers
Containers used for storage and transportation of Discard Material shall be
shall prominently display the name of the FRANCHISEE (as listed in this
FRANCHISEE'S customer service telephone number, and the number of the
a.
painted and
Agreement),
container.
b. FRANCHISEE shall make reasonable efforts to replace, clean or repaint all
containers as needed so as to present a clean appearance.
c. Containers will be subject to periodic, unscheduled inspections by the CITY and
determination as to sanitary condition shall be made by the CITY.
d. CITY shall have the right to prohibit the use of any container that fails to comply
with the provisions herein.
e. Violations of this provision shall subject the FRANCHISEE to liquidated damages
as set forth in Section 21 of this Agreement.
Section 19. Personnel
a. FRANCHISEE agrees that all drivers shall be trained and qualified in the operation
of collection vehicles and must have in effect a valid license, of the appropriate class, issued by
the California Department of Motor Vehicles.
b. FRANCHISEE shall provide suitable operational and safety training for all of its
employees who utilize or operate vehicles or equipment for collection of Discard Material, or who
are othelWise directly involved in such collection.
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Discard Material Non-Exclusive Collection Franchise Agreement
Section 20. Permits and Licenses.
FRANCHISEE shall obtain and maintain, at FRANCHISEE'S sole cost and expense, all
permits and licenses applicable to FRANCHISEE'S operations under the Franchise required of
FRANCHISEE by any governmental agency.
Section 21. Liquidated Damages
a. The parties acknowledge that consistent and reliable Discard Material collection
service is of utmost importance to CITY and that CITY has considered and relied on
FRANCHISEE'S representations as to its quality of service commitment in awarding the
Agreement to it. The parties further recognize that some quantified standards of performance are
necessary and appropriate to ensure consistent and reliable service and performance. The
parties further recognize that if FRANCHISEE fails to achieve the performance standards, or fails
to submit required documents in a timely manner, CITY and CITY'S residents and businesses will
suffer damages and that it is and will be impractical and extremely difficult to ascertain and
determine the exact amount of damages. Therefore, without prejudice to CITY'S right to treat
such non-performance as an event of default under Section 22, the parties agree that the
liquidated damages amount defined in this Section represent reasonable estimates of the amount
of such damages considering all of the circumstances existing on the effective date of this
Agreement, including the relationship of the sums to the range of harm to CITY, customers and
the community as a whole that reasonably could be anticipated and the anticipation that proof of
actual damages would be costly or impractical. In placing their initials at the places provided,
each party specifically confirms the accuracy of the statements made above and the fact that
each party has had ample opportunity to consult with legal council and obtain an explanation of
the liquidated damage provisions at the time that the Agleement was made.
CITY Initial Here
FRANCHISEE Initial Here
b. Upon delivery of written notice to the FRANCHISEE, the CITY may impose the
following Liquidated Damages upon the FRANCHISEE, in addition to any other available
remedies the CITY may have.
(1) Failure to maintain public containers or vehicles in clean and sanitary
condition as required by this Agreement: $100.00 per day per incident.
(2) Failure to label public containers, Construction and Demolition Debris
Boxes and vehicles with FRANCHISEE'S name (as listed in this Agreement),
FRANCHISEE'S customer service telephone number, and the number of the container or
vehicle: $500 per day per incident.
(3) Failure to achieve and maintain either the fifty percent (50%) or one
hundred percent (100%) recycling requirement per Franchise Year as set forth in
Sections 11a. and 11b., respectively of this Agreement: ten percent (10%) of all gross
Discard Material collection revenues received for services provided within the Service
Area during that Franchise Year.
(4) Failure to remit franchise fee to CITY by the fifteenth (15th) of the month as
required in Section 8: $100.00 per occurrence pius late fees of two percent (2%) per
month for every month thereafter until paid.
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507 (5) Failure to maintain or submit documents and reports, other than annual
508 and monthly reports, as required under the terms of this Agreement after ten (10) days
509 notice: $100.00 per incident per day.
510 (6) Failure to submit monthly or annual reports required under Section 12 by
511 the due date: fifty dollars ($50.00) for the first fifteen (15) days, thereafter $100.00 per
512 incident per day.
513 (7) Failure to perform any other requirements of this Agreement not
514 specifically stated in this Section, and not corrected or in the process of correction within
515 twenty-four (24) hours of notice from the CITY: $200.00 each incident each day.
516 c. Above amounts may be adjusted by the CITY on each July 1, beginning with July
517 1, 2006 to refiect changes in the Consumer Price Index, All Urban Consumers, Series ID:
518 CUURA422SAO, San Francisco-Oakland-San Jose, CA, Not Seasonally Adjusted for the
519 preceding twelve (12) month period.
520 Section 22. Default, Termination
521 a. The CITY shall provide written notice of a default or failure to comply with any
522 obligation or duty imposed on FRANCHISEE under this Agreement or CITY ordinance. The
523 Franchise Administrator and FRANCHISEE shall thereupon meet and confer in good faith in an
524 effort to agree on a resolution and cure of the breach. If the parties are unable to agree on the
525 informal resolution or cure of the breach within ten (10) business days, the Franchise
526 Administrator shall have the right to terminate this Agreement. Whereupon, FRANCHISEE shall
527 be suspended from providing Discard Material collection services for a period of five (5) years
528 from the date of the termination. After five (5) years. should the FRANCHISEE provide proof that
529 the event causing the FRANCHISEE to default has been corrected, and at the sole and complete
530 discretion of the CITY, the FRANCHISEE may be reinstated upon re-application.
531 b. A default under this Agreement shall include, but not be limited to. any of the
532 following:
533 (1) Misrepresentation. Any misrepresentation made to the CITY by the
534 FRANCHISEE or failure to disclose required information any reports submitted to the
535 CITY, in FRANCHISEE'S application to enter into this Agreement or, in Agreement or any
536 future amendment to this Agreement, which proves to be false or misleading in any
537 material respect as of the time the representation or disclosure is made, whether or not
538 any such representation or disclosure appears as part of this Agreement.
539 (2) Fraud or Deceit. If the FRANCHISEE practices, or attempts to practice,
540 any fraud or deceit upon the CITY or its customers.
541 (3) Failure to Maintain Coverage. If the FRANCHISEE fails to provide or
542 maintain in full force and effect the Worker's Compensation or liability, coverage as
543 required by this Agreement.
544 (4) Violations of Regulation. If the FRANCHISEE violates any regulations,
545 permits. orders or filing of any regulatory body having jurisdiction over the FRANCHISEE
546 which violation or non-compliance materially affects the FRANCHISEE'S ability to perform
547 under this Agreement, provided that the FRANCHISEE may contest any such orders or
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548 filings by appropriate proceedings conducted in good faith, in which case no breach of the
549 Franchise shall be deemed to have occurred during the pendency of the contestation or
550 appeal, to the extent the FRANCHISEE is able to adequately perform during that period.
551 (5) Acts or Omissions. Any other act or omission by FRANCHISEE which
552 materially violates the terms, conditions, or requirements of this Agreement, City Code,
553 AS 939, as it may be amended from time to time, or any order, directive, rule, or regulation
554 issued hereunder and which is not corrected or remedied within the time set in the written
555 notice of the violation or, if the FRANCHISEE cannot reasonably correct or remedy the
556 breach within the time set forth in such notices, if the FRANCHISEE shouid fail to
557 commence to correct or remedy such violation within the time set forth in such notice and
558 diligently effect such correction or remedy thereafter.
559 (6) Failure to Meet Recycle Requirement. If the FRANCHISEE fails to meet
560 the Recycle requirement as set forth in Section 11 of this Agreement.
561 (7) Failure to Pay Franchise Fees. If the FRANCHISEE fails to pay the
562 franchise fees in the amount owed to the CITY pursuant to Section 7 according to the
563 schedule specified in Section 8.
564 c. Termination. If the Franchise Administrator detennines, at his sole discretion,
565 that the FRANCHISEE has defaulted under the terms of this Agreement, failure to cure
566 will result in suspension, penalties, or a notice of tennination of this Agreement by the
567 CITY in accordance with subsection e.
568 d. Force Majeure. The performance of this Agreement may be discontinued or
569 temporarily suspended in the event of Force Majeure. FRANCHISEE shall not be deemed to be
570 in default and shall not be liable for failure to perform under this Agreement if FRANCHISEE'S
571 performance is prevented or delayed by Force Majeure.
572 e. The Franchise Administrator shall serve written notice pursuant to Section 24 of
573 the termination of a Franchise under this Agreement to the last place of business of the
574 FRANCHISEE, and the FRANCHISEE shall cease operation under its FRANCHISE within ten
575 (10) calendar days after receipt of said notice unless FRANCHISEE has requested an appeal
576 hearing before the CITY prior to the expiration of the ten (10) day period. In the event
577 FRANCHISEE requests such an appeal hearing, said FRANCHISEE may continue collecting,
578 transporting, recycling and disposing of Discard Material until the CITY has rendered its decision
579 on the termination of the Franchise.
580 f. Any FRANCHISEE whose Franchise has been terminated has the right to an
581 appeal hearing before the CITY COUNCIL. FRANCHISEE shall request such a hearing in writing
582 to the City Clerk within ten (10) calendar days after receipt of notice of termination, and the CITY
583 COUNCIL shall hold the appeal hearing not later than thirty (30) calendar days following the
584 receipt of the written request if requested by FRANCHISEE. The Clerk shall give written notice of
585 the time, date and place of the appeal hearing to FRANCHISEE and the Franchise Administrator.
586 The CITY COUNCIL shall render its decision after the close of the appeal hearing and its
587 decision shall be final; provided, however, that nothing herein shall limit FRANCHISEE'S right to
588 seek judicial review or remedies.
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589 Section 23. Conditions Upon Termination.
590 a. In the event the Discard Material Non-Exciusive Collection Franchise is terminated
591 the following conditions and requirements shall survive termination:
592 (1) FRANCHISEE shall have no right or authority to engage in Discard
593 Material collection, recyciing or disposal operations in the CITY for a period of five (5)
594 years from the date of the termination.
595 (2) FRANCHISEE shall, however, remain liable to the CITY for any and all
596 franchise fees that would otherwise be payable by FRANCHISEE pursuant to Section 8 of
597 this Agreement, for any and all liquidated damages assessed pursuant to Section 21 of
598 this Agreement, and for any indemnity obligations under Section 15 of this Agreement.
599 (3) FRANCHISEE shall have a continuing obligation to submit to the CITY all
600 reports required by Section 12 of this Agreement which relate to Discard Material activities
601 performed by FRANCHISEE up to and including the date oftermination.
602 (4) FRANCHISEE shall allow the Discard Material generators served by
603 FRANCHISEE to arrange for Discard Material collection services with a collector
604 authorized to perform such services, without penalty or liability for breach of contract on
605 the part of the generators.
606 b. In the event the Franchise is terminated, then within the time period specified by
607 the CITY and if directed by the Franchise Administrator, FRANCHISEE shall remove all of
608 FRANCHISEE'S Discard Material containers from all of FRANCHISEE'S collection service
609 locations and shall properly recycle or dispose of all Discard Material in such containers.
610 Section 24. Notices.
611 Except as otherwise provided in this Agreement, all notices required by this Agreement or
612 by the Discard Material Box Collection Franchise shall be given by personal service or by deposit
613 in the United States mail, postage pre-paid and return receipt requested, addressed to the parties
614 as follows:
To CITY:
Franchise Administrator
City of Dublin
100 Civic Plaza
Dublin, CA 94568
To FRANCHISEE:
615 Notice shall be deemed received on the date personally served or, if mailed, three (3)
616 business days after the date deposited in the mail.
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22Ab t...4f
617 Section 25. Relationship ofthe Parties
618 The parties intend that the FRANCHISEE shall perform the services required by this
619 Agreement as an independent contractor and not as an officer or employee of the CITY nor as a
620 partner of or joint venturer with the CITY. No employee or agent of the FRANCHISEE shall be
621 deemed to be an employee or agent of the CITY. Except as expressly provided herein. the
622 FRANCHISEE shall have the exclusive control over the manner and means of conducting the
623 Discard Material collection services performed under this Agreement and all persons performing
624 such services. FRANCHISEE shall be solely responsible for the acts and omissions of its
625 officers, employees, subcontractors and agents shall not obtain any rights to retirement benefits,
626 worker's compensation benefits, or any other benefits which accrue to the employees of the CITY
627 by virtue of their employment with the CITY.
628 FRANCHISEE agrees that this Agreement is not made in the interest of. or on behalf of,
629 any undisclosed person, partnership, franchisee. association, organization, or corporation.
630 FRANCHISEE has not directly or indirectly colluded, conspired, connived or agreed with any
631 person, partnership, FRANCHISEE. association, organization, or corporation to secure any
632 advantage against the CITY.
633 Section 26. Compliance with Law
634 In providing the services required under this Agreement, FRANCHISEE shall at all times,
635 at its sole cost, comply with all applicable laws of the United States, the State of California, the
636 CITY and other states, cities or counties which rnay have jurisdiction over any service provided in
637 this Agreement and with all applicable regulations promulgated by any federal, state, regional or
638 local administrative and regulatory agency, now in force and as they rnay be enacted. issued or
639 amended during the term of this Agreement.
640 Section 27. Governing Law
641 This Agreement shall be governed by, and construed and enforced in accordance with,
642 the laws of the State of California.
643 Section 28. Jurisdiction
644 The parties agree that this Agreement is made in and will be performed in the CITY and
645 any lawsuits between the parties arising out this Agreement shall be filed in Alarneda County, CA.
646 Section 29. Assignment
647 a. FRANCHISEE acknowledges that this Agreement involves rendering a vital
648 service to the businesses within the CITY, and that the CITY has Franchised FRANCHISEE to
649 perform the services specified herein based on (1) FRANCHISEE'S experience, skill and
650 reputation for conducting its Discard Material collection in a safe, effective and responsible
651 fashion, at all tirnes in keeping with applicable waste management laws, regulations and good
652 waste management practices, and (2) FRANCHISEE'S financial resources to maintain the
653 required equipment and to support its indemnity obligations to the CITY under this Agreement.
654 The CITY has relied on each of these factors, arnong others, in choosing the FRANCHISEE to
655 perform the services to be rendered by the FRANCHISEE under this Agreernent.
Page 17
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Discard Material Non-Exclusive Collection Franchise Aareement
656 b. Any Franchise granted is a privilege to be held in trust by the original
657 FRANCHISEE. A Franchise issued by the CITY shall not be transferred, sold, leased. assigned,
658 or relinquished, or delegated to another person, either in whole or in part. whether by forced sale,
659 merger, consolidation, bankruptcy laws or othelWise, without the written prior approval of the
660 CITY. This restriction includes the transfer of ownership of the Franchise, or a majority of the
661 ownership or control of the FRANCHISEE, or the conveyance of a majority of the
662 FRANCHISEE'S stock to a new controlling interest. Franchises shall become void upon the
663 abandonment of same by the FRANCHISEE. The CITY shall not unreasonably withhold approval
664 of a Franchise assignment, provided that such assignment does not unreasonably impact
665 competition and the assignee meets all of the requirements established by the CITY for the
666 granting of this Franchise and is qualified to perform its obligations as required by this Franchise
667 Agreement.
668 c. FRANCHISEE shall promptly notify the Franchise Administrator in writing in
669 advance of any proposed assignment. sale. or transfer. In the event the CITY approves of any
670 assignment, sale. or transfer, said approval shall not relieve FRANCHISEE of any of its
671 obligations or duties under this Agreement unless this Agreement is modified in writing to that
672 effect.
673 Section 30. Binding on Successors
674 The provisions of this Agreement shall inure to the benefit to and be binding on the
675 successors and permitted assigns of the parties.
676 Section 31. Waiver
677 The waiver by either party of any breach or violation of any provisions of this Agreement
678 shall not be deemed to be a waiver of any breach or violation of any other provision nor of any
679 subsequent breach or violation of the same or any other provision. The subsequent acceptance
680 by either party of any monies which become due hereunder shall not be deemed to be a l'ßiver of
681 any preexisting or concurrent breach or violation by the other party of any provision of this
682 Agreement.
683 Section 32. Entire Agreement
684 This Agreement, including the Attachments, represents the full and entire Agreement
685 between the parties with respect to the matters covered herein.
686 Section 33. Interpretation
687 This Agreement shall be interpreted and construed reasonably and neither for nor against
688 either party, regardless of the degree to which either party participated in its drafting.
689 Section 34. Amendment
690 This Agreement may not be modified or amended in any respect except by a written
691 agreement duly approved and signed by the parties.
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Discard Material Non-Exclusive Collection Franchise AQreement
692 Section 35. Severability
693 If any nonmaterial provision of this Agreement is for any reason deemed to be invalid and
694 unenforceable. the invalidity or unenforceability of such provision shall not affect any of the
695 remaining provisions of this Agreement which shall be enforced as if such invalid or
696 unenforceable provision had not been contained herein.
697
Page 19
CD Agreement 6 22 05.doc
Discard Material Non-Exclusive Collection Franchise Aareement
t.?GQf#'1
697
698
699
700
701
702
703
IN WITNESS WHEREOF, the CITY and the FRANCHISEE have executed this Agreement on the
day and year first written above.
CITY OF DUBLIN
A Municipal Corporation
FRANCHISEE
RICHARD C. AMBROSE
(Name & Title)
704 CITY MANAGER
705
706 Attest:
707
708
709
710 Kay Keck, City Clerk
711
712
713 Approved as to Form:
714
715
716
717 Elizabeth H. Silver, City Attorney
718
719
Page 20
CD Agreement 6 22 OS.doc
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City of Dublin
Request for Application for
Discard Material Non-Exclusive Collection Franchise
Issued by
City of Dublin
100 Civic Plaza
Dublin, CA 94568
June 22, 2005
ATTACHMENT 2
"2.1Jbt.. ¡.f
Request for Application for Discard Material Non-Exclusive
Collection Franchise
~~-~--~~-~,~--~~~._~
1 INVITATION
2 The City of Dublin (City) is requesting applications from qualified vendors for a non-exclusive
3 franchise for Discard Material collection service. The City requires that all vendors providing
4 Discard Material collection service within the City limits obtain a non-exclusive franchise. The
5 deadline for submitting an application is July 22, 2005.
6 BACKGROUND
7 Previously, the City has not regulated the collection of construction and demolition debris and
8 other materials not included under the terms of the City's exclusive Collection Service Franchise
9 Agreement ("Discard Material"). The City is now exercising its authority under Public Resources
10 Code 49300 to franchise the collection of these materials on a non-exclusive basis. Currently,
11 approximately 7 vendors provide these services within the City. All qualified vendors will be
12 granted a non-exclusive franchise to collect these materials. Under the terms of the franchise
13 agreement, the franchisee will be required to recycle fifty percent (50%) of all Discard Material,
14 except asphalt and concrete, collected from its customers in the City. The franchisee will be
15 required to recycle one hundred percent (100%) of all asphalt and concrete collected from its
16 customers in the City. The franchisee will also be required to pay a fifteen and six tenths percent
17 (15.6%) franchise fee on all gross revenues for services provided under the terms of this
18 franchise within the city limits of Dublin.
19 APPLICATION REQUIREMENTS
20 Vendors are required to provide all of the information listed in this section.
21 APPLICATION PROCESSING FEE
22 Each application must be accompanied by an application processing fee of one hundred dollars
23 ($100.00) in the form of a company check made payable to the City of Dublin.
24 QUALIFICATIONS
25 Vendor qualifications. Company qualification information should be provided to demonstrate the
26 vendor's experience providing Discard Material collection service in the City or in comparable
27 jurisdictions.
28 Proof of Insurance. Provide proof of insurance in the amounts specified in the attached
29 Franchise Agreement.
PAGE 1
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30 OPERATIONS INFORMATION
31 Equipment description. Provide a description of the vehicles and containers to be used in
32 providing service. Please include the make, model and year of each vehicle and the number
33 and size of the containers to be used.
34 Invoicinq and bill collection. Describe procedures for billing account customers, maintaining
35 accuracy of database, determining which customers are located within the City of Dublin, and
36 recording payments.
37 Customer service. Describe your firm's customer service procedures. Identify the address of
38 your firm's local office and toll free number that will be available to customers within the City.
39 Recvclinq plan. Describe your firm's plan to recycle fifty percent (50%) of all material collected
40 from customers in the City. Provide a list of facilities to be used for processing the material and
41 the markets for the materials.
42 CONTRACTUAL INFORMATION
43 Siqned Franchise Aareement. Provide a signed copy of the attached Franchise Agreement,
44 including original signatures executed by an officer of the vendor who is duly authorized to bind
45 the vendor to the terms of the Franchise Agreement.
46 SUBMITTAL INSTRUCTIONS
47 The details of the submission process and schedule are described below.
48 APPLICATION PROCESS
49 Step 1: Written Questions
50 The City requires that prospective franchisees coordinate all questions and requests for
51 information through Jason Behrmann.
52 Any questions, requests for clarification, or requests for additional information regarding the
53 application content should be submitted in writing to:
54 Jason A. Behrmann
55 Senior Administrative Analyst
56 100 Civic Plaza
57 Dublin, CA 94568
58 Telephone: (925) 833-6650
59 Fax: (925) 833-6651
60 E-Mail jason.behrmann@ci.dublin.ca.us
61 Step 2: Submittal Requirements
62 Submit your application fee of one hundred dollars ($100.00) and four (4) double-sided copies
63 of your complete application on recycled-content paper to the City on or before 1 :00 p.m. July
64 22, 2005. Applications should be sealed and marked "City of Dublin, Application for Non-
65 Exclusive Discard Material Collection Franchise."
PAGE 2
CITY OF DUBLIN
2.&I Gb tß 'f-
Non-Exclusive Discard Material Collection Franchise Application
66 Sealed applications should be mailed or delivered to Jason Behrmann at the address provided
67 above. Fax submittals will not be accepted.
68 Step 3: Notification
69 The City will notify the vendor that its application for a non-exclusive franchise has been
70 approved within thirty (30) days of receipt of a complete application.
71 APPLICATION CONTENT
72 All applications should consist of the following:
73 A cover letter providing:
74 . Name, address, telephone and fax numbers, and e-mail address of vendor and key
75 contact person.
76 . Description of type of organization (e.g., corporation, partnership) submitting application.
77 . Name of entity that would sign the franchise agreement.
78 . A written statement warranting that the vendor has reviewed the requirements of the
79 franchise as described in this request, its enclosures, reference documents, and all
80 addenda and written clarification. A list of all addenda/written clarification and dates
81 received should be included.
82 . Signature of an officer or agent of the vendor who is duly authorized to bind the vendor
83 to the application.
84 Application fee of one hundred dollars ($100.00)
85 Responses to all information requested, including the following components:
86 . Qualifications information
87 . Operations information
88 . Contractual information
89 Additional information or data relevant to the application is optional and may be included in an
90 attachment. Failure to provide all required information may be grounds for rejection of your
91 application.
92 ACCURACY IN REPORTING REQUESTED INFORMATION
93 Information submitted as part of the application will be subject to verification. Inaccurate or
94 misleading information will be grounds for rejection of any application. Should a vendor
95 providing false information be awarded any franchise as a result of this request, such inaccurate
96 or misleading information will be grounds for termination.
·~".'~'."~.~n_~~_~~._.
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ORDINANCE NO. - 05
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTIONS 5.32.040,
5.32.050,5.32.120,5.32.130,5.32.140,7.30.010, 7.30.050, AND 7.30.060 TO THE
DUBLIN MUNICIPAL CODE RELATING TO SOLID WASTE MANAGEMENT
AND WASTE MANAGEMENT PLANS FOR CONSTRUCTION, DEMOLITION
AND RENOVATION PROJECTS
The City Council ofthe City of Dublin does hereby ordain as follows:
Section I: Section 5.32.040 is amended to read as follows:
5.32.040 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
"Collection" means the removal and transportation of solid waste by the collector
from the place of delivery to a disposal facility approved under the collector's agreement
with the city or by a non-exclusive franchisee.
"Collector" means that person or business having an exclusive franchise
agreement with the city granting to him or it the exclusive privilege of collecting or
causing to be collected or transported fOT a fee any solid waste within the city or any
portion thereof.
"Construction and demolition debris" 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.
"Construction and demolition debris collection service" means the col1ection of
construction and demolition debris by a person or company that holds a valid non-
exclusive franchise from the city and tbe delivery of that material to an appropriate
facility.
"Delivery" of solid waste shall be deemed to occur when solid waste is deposited
in a receptacle or at a location that is designated for collection pursuant to this chapter, or
is otherwise discarded.
"Director" means the City Manager or the designee of the City Manager.
"Fixed body vehicle" means an end-dump trailer hauled by a tractor, a dump
truck, or other such vehicle where the container portion of the vehicle used to collect and
transport construction and demolition debris is a fixed part of the vehicle body. Fixed
body vehicles do not include vehicles manufactured to or designed to transport and
dclivcr construction and demolition debris boxes.
"Hazardous waste" means any waste now or hereafter classified as hazardous
pursuant to applicable federal, state or local law .
ATTACHMENT 3
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"Owner" means the owner or owners of real property having fee title to the
property as identified in the most recent equalized assessment roll ofthe Alameda County
Assessor.
"Rccycling" means the proccss of treating and reconstituting solid waste for the
purpose of using the altered form. The collection, handling, transfer or disposal of solid
waste not source separated or not intended for or capable ofrecycling is not "recycling"
within the meaning ofthis chapter. Putrescible solid waste (except animal wastes or
remains for use only as tallow) is rebuttably presumed to be not capable of being
recycled. "Recycling" also docs not include thc processing or use of solid waste for
conversion to energy.
"Recycling facility" means any location, within or without the city limits of the
city, which accepts recyclable materials that have been source separated from solid waste
gencrated in the city for the sole purpose of recycling as defined herein.
"Solid waste" means al1 putrescible and nonputrescible solid, semi-solid and
liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial or
commercial wastes, demolition and construction wastes, discarded home and industrial
appliances, animal solid and scmi-solid wastes other than fecal matter, vegetable wastes,
and other discarded solid and semi~solid wastes, but does not include hazardous waste, as
herein defined, sewage or abandoned automobiles.
"Source separation" means the segregation into separate containers by the waste
generator, prior to delivery, of individual components of solid waste, such as glass
bottles, cans, newspapers, and corrugated containers, for the sole purpose of "rccycling"
as defined herein.
"Tenant" when used with reference to a residence, means any person or persons
other than the ovmer occupying or in possession of the residence.
"Waste generator" means the property owner, rcsidcnt, tenant, lessee, occupant,
or business which produced the waste in the city in the first instance. This definition
excludes any person who collects from or accepts shipment of waste from another person
for the purposes of separating, recycling or otllerwise disposing of such waste.
Section 2: Section 5.32.050 ofthe Dublin Municipal Code is amended to read as follows:
5.32.050 Storage in receptacles-Exceptions.
A. All solid waste produced, deposited, kept, or accumulated upon any lot or
parcel ofland, whether public or private, shall be kept in receptacles or containers as
hereinafter provided. All such waste, in the receptacles or containers in which it is kept,
shall be delivered for collection as hereinafter provided, with the following exceptions:
I. Lawn and garden trimmings and dead leaves removed from a site by a
gardening, landscaping, or tree trimming contractor, as an incidental part of a total
service offered by that contractor rather than as a hauling service;
2. Construction and demolition debris as defined herein which is removed
in accordance with such definition, except that debris generated at a demolition
site by a licensed demolition contractor, under the authority of a currently valid
demolition permit issucd by the City of Dublin, need not be kept in a receptacle or
container;
32øolÞ~
3. Materials source separated for recycling for which the generator
receives compensation from the person collecting such materiaJs;
4. Materials source separated for recycling that the generator donates to
youth, civic, or charitable organizations, no matter how the materials are
transported;
5. Animal wastes and remains from slaughterhouses or butcher shops for
use as tallow;
6. Solid waste transported by the owner or occupant of any residence to a
fully licensed public disposal facility, provided that such person may not transport
solid waste from more than one residential unit; and
7. Hazardous waste.
B. Hazardous waste shall not be delivered to tbe collector under the provisions of
this article, except as the collector may agree by a separate contract with the generator or
owner of any hazardous waste or through any further program arranged with the
legislative body having jurisdiction. Every generator, keeper, custodian or owner of
hazardous waste is, and shall remain, responsible for the safe disposal of such waste
pursuant to applicable law.
C. Every generator, keeper, custodian or owner of material covered by items I, 2,
3,4,5, or 6 of subsection A of this section is, and shall remain, responsible for its safe
handling and disposal in accordance with this chapter and with other applicable law.
D. Nothing herein shall prevent the collector from accepting, collecting or
transporting material covered by items 1,2,3,4,5, or 6 of subsection A ofthis section if
deJivered or otherwise offered to the collector.
Section 3: Section 5.32.120 ofthe Dublin Municipal Code is amended to read as follows:
5.32.120 Collection-Time and location.
Collection from single-family residences shall be from locations determined by
resolution of the City Council. Collection from other premises shall be at places agreed
upon by negotiation between the solid waste collector and the waste generator. All
coJlections from residences and commercial properties adjacent to residences shall begin
not earlier than six a.m. (6:00 a.m.).
Seetion 4: Section 5.32.130 of the Dublin Municipal Code is amended to read as follows:
5.32.130 Exclusive and Non-Exclusive Franchises; Exemptions.
A. Franchise Required. No persons other than the holder of the exclusive
franchisc granted pursuant to Subsection C below or persons granted a non-exclusive
franchise agreement with the city pursuant to Subsection D below shall collect, transport
or convey, or cause or permit to be collected, transported or conveyed on any city street,
any solid waste for a fee or any consideration whatsoever.
B. Exemption from Franchise Requirement. Notwithstanding the foregoing, the
following shall be exempt from the franchise requirement set forth in Subsection A
above.
33þt, I..Þ 'f
I. The collection of materials source separated for recycling for which
compensation is provided to the waste gcnerator;
2. Materials source separated for recycling that the generator donates to
youth, civic, or charitable organizations, no matter how the materials are
transported;
3. Solid waste and source-separated materials for recycling transported to
a processing or disposal facility by the owner or occupant of the premises on
which the materials were gcnerated or by the owner or occupant's fulHime
employees, provided such transport is consistent with Section 5.32.150;
4. Lawn and garden trimmings and dead leaves removed from a site by a
gardening, landscaping or tree trimming contractor, as an incidental part of a total
service offered by that contractor rather than as a bauling service, if such waste is
transported in a manncr which ensures no spillage or litter of highways or city
streets;
5. Large items removed from a premises by a property clean-up or
maintenance company as an incidental part of cleanup or maintenance service
offered by the company and not as a separate hauling service;
6. The collection and transport of animal wastes and remains for tallow
provided that a permit for such collection and transport has been issued by the
Alameda County Health Officer;
7. Containers delivered for recycling under the California Beverage
Container Recycling Litter Reduction Act, Public Resources Code sections 14500
et seq., no matter how delivered;
8. Hazardous waste;
9. The col1ection and removal of construction and demolition debris
provided that at least ninety five percent (95%) of each load is actually recycled
and provided that the person collecting and removing such debris receives no
compensation from (he generator;
10. The collection and 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 by a subcontracted hauling company;
11. The col1ection and removal of construction and demolition debris
from a demolition site by a licensed demolition contractor or its subcontracted
hauling company, under the authority of a currently valid demolition permit
isslled by the City of Dublin, when such removal is accomplished through the use
of a fixed body vehicle.
C. Exclusive Franchise. The city may enter into an exclusive franchise
agreement granting to one person the exclusive right to collect or transport, or cause to be
collected or transported for a fee, all solid waste within the city or any portion thereof.
The franchise agreement shall provide detailed requirements for the management and
disposal of solid waste in the city and provide for regulation of the fees to be col1ected
under the exclusive franchise.
D. Non-Exclusive Franchises. The city may enter into non-exclusive franchise
agreements granting to a person the right to collect or transport, or cause to be col1ected
or transported for a fee, soJid waste within the city or any portion thereof, if the collection
and transport of such waste is not subject to the exclusivity provisions of the exclusive
3~ t,....
fr,lnchise or if the generator is exempted by law from complying with the requirement in
sections 5.32.080 and 5.32.090 that all generators of solid waste within the city deliver
such waste to and contract with the collector for solid waste collection and disposal
services. The non-exclusive franchise agreement shall provide detailed requirements for
the management and disposal of solid waste in the city. The franchise agreement shall not
regulate the fees collected under the non-exclusive franchisc.
Section 5: Section 5.32.140 of the Dublin Municipal Code is amended to read as follows:
5.32.140 Collection rates-Designation of minimum service.
Maximum rates of compensation for the collection of solid waste within the city
undcr thc exclusive franchise shall be adopted by a resolution ofthe City Council. The
resolution shall also describe the minimum service required for any residence pursuant to
Section 5.32.091 including a description of all services included in the minimum service
level.
Section 6: Sections 5.32.170, 5.32.180, 5.32.190, 3.32.200, 5.32.210, and 5.32.230 ofthe
Dublin Municipal Code are hereby repealed.
Section 7: Section 7.30.010 of the Dublin Municipal Code is amended to read as follows:
7.30.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
"Applicant" means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry, public or
private corporation, or any other entity whatsoever who applies to the city for the
applicable permits to undertake any construction, demolition, or renovation project within
the city.
"Construction" means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility or structure.
"Construction and demolition debris" 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.
"Conversion rate" means the rate set forth in the standardized conversion rate
table approved by the city pursuant to this chapter for use in estimating the volume or
weight of materials identified in a waste management plan.
"Covered project" shall have the meaning set forth in Section 7.30.020A of this
chapter.
"Deconstruction" means tbe process of carcfully dismantling a building or
structure in order to salvage components for reuse and recycling.
'3S~IJ~
"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.
"Divert" means to use material for any purpose other than disposal in a landfill or
transformation facility.
"Diversion requirement" means the diversion of at least fifty percent (50%) by
weight of the total construction and demolition debris generated by a project via reuse or
recycling excluding asphalt and concrete debris of which one~hundred percent (100%)
must be diverted, unless the applicant has been grantcd an infeasible exemption pursuant
to Section 7.30.070 of this chapter, in which case the diversion requirement shal1 be the
maximum feasible diversion rate established by the WMP Compliance Official for the
project.
"Noncovcrcd project" shall have the meaning set forth in Section 7.30.020B of
this chapter.
"Performance security" means any performance bond, surety bond, money order,
letter of credit, or certificate of deposit submitted to the city pursuant to Section 7.30.040
of this chapter.
"Project" means any activity which requires an application for a building or
demolition permit or any similar pcrmit from thc city.
"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 ofraw material for new, reused or reconstituted
products which meet the quality standards necessary to be used in the marketplace.
"Renovation" means any change, addition or modification in an existing structure.
"Rcusc" means further or repeated use of construction or demolition debris.
"Salvage" means the controlled removal of constro.ction or demolition debris from
a pemlÎtted building or demolition site for the purpose ofrecycling, reuse or storage for
later recycling or reuse.
"Total costs" means the total construction value of the project as calculated by the
Building and Safety Division using the city's standard commercial and residential
valuation formulas.
"Waste management plan" means a completed WMP form, approved by the city
for the purpose of compliance with this chapter, submitted by the applicant for any
covered or noncovered proj ect.
"WMP Compliancc Official" mcans the designated staffperson(s) authorized and
responsible for implementing this chapter.
Scction 8: Section 7.30.050 of the Dublin Mlmicipal Codc is amended to read as follows:
7.30.050 Review ofWMP.
A. ApprovaL Notwithstanding any other provision of this code, no plan check
shall be approved for any covered project unless and until the WMP Compliance Official
has approved the WMP. Approval shall not be required, however, where an emergency
demolition is required to protect public health or safety. The WMP Compliance Official
3lPOD lÞ tf
shall only approve a WMP ifhe or she first determines that al1 of the following
conditions have been met:
I. The WMP provides all of the information set forth in Section 7.30.030
ofthis chapter; and
2. The WMP indicates that the diversion requirement will be met.
If the WMP Compliance Official determines that al1 of the conditions set
forth in this section have been met, he or she shall mark the WMP "approved,"
return a copy ofthe WMP to the applicant, and notify the Building and Safcty
Division that tbe WMP has been approved.
B. Nonapproval. If the WMP Compliance Official determines that the WMP is
incomplete or fails to indicate that at least fifty (50) percent of all construction and
demolition debris generated by the project will be reused or recycled, he or she shall
eitber:
I. Return the WMP to the applicant marked "denied," including a
statement of reasons, and so notify the Building and Safety Division, which shall
then immediately stop processing the plan check; or
2. Return the WMP to the applicant marked "further explanation
required. "
Section 9: Section 7.30.060 of the Dublin Municipal Code is amended to read as follows
7.30.060 Compliance with WMP.
A. Documentation. Within thirty (30) days after the issuance of a certificate of
occupancy, or at the time of issuing the last certificate of occupancy for units within a
residential phased project of any covcrcd project, the applicant shall submit to the WMP
Compliance Official documentation that it has met the divcrsion requirement for the
project. The diversion requirement shall be that the applicant has diverted at least fifty
percent (50%) of the total constmction and demolition debris generated by the project via
reuse or recycling excluding asphalt and concrete debris of which one hundred percent
(100%) must be diverted, unless the applicant has been granted an impossibility
exemption pursuant to Section 7.30.070 of this chapter, in which case the diversion
requirement shall be the maximum feasible diversion rate established by the WMP
Compliance Official for the project. This documentation shall include all of the
following:
I. Receipts from the vendor or facility which collected or received each
materiaJ showing the actual weight or volume of that material;
2. A copy of the previously approved WMP for the project adding the
actual volume or weight of each material diverted and landfi lied;
3. Any additional information the applicant believes is relevant to
determining its- efforts to comply in good faith with this chapter.
B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that
all construction and demolition debris diverted or land filled is measured and recorded
using the most accurate method of measurement available. To the extent practical, all
construction and demolition debris shall be weighed by measurement on scales. Such
37~ t.. ...
scales shall be in compliance with all regulatory requirements for accuracy and
maintenance. For construction and demolition debris for which weighing is not practical
due to small size or other considerations, a volumetric measurement shall be used. For
conversion of volumetric measurements to weight, the applicant shall use the
standardized conversion rates approved by the city for this purposc.
C. Determination of Compliance and Release ofPerfonnance Security. The
WMP Compliance Official shall review the infonnation submitted under subsection A of
this section and determine whcther the applicant has complied with the diversion
requirement, as follows:
I. Full Compliance. If the WMP Compliance Official determines that the
applicant has fully complied with the diversion requirement applicable to the
project, he or she shall cause the full performance security to be released to the
applicant within thirty (30) days of the applicant's submission oftbe
documentation required under subsection A of this section.
2. Good Faith Effort to Comply. Ifthe WMP Compliance Official
determines that the diversion requirement has not been achieved, he or she shall
determine on a case-by-case basis whether the applicant has made a good faith
effort to comply with this chapter. In making this determination, the WMP
Compliance Official shall consider the availability of markets for the construction
and demolition debris landfillcd, the size ofthe project, and the documented
efforts ofthe applicant to divert construction and demolition debris. If the WMP
Compliance Official determines that the applicant has made a good faith effort to
comply with this chapter, he or she shall release the performance security, or a
percentage thereof, to the applicant within thirty (30) days ofthe applicant's
submission of the documentation required under subsection A ofthis section.
3. Noncompliance. If the WMP Compliance Official determines that the
applicant has not made a good faith effort to comply with this chapter, or if the
applicant fails to submit the documentation required by subsection A of this
section within the required time period, then the performance security shal1 be
forfeited to the city. All forfeited performancc securities shall be deposited into a
special account and used for the purposes of promoting recycling within the city.
Section 10: Effective Date. This Ordinance shall take effect and be enforced thirty
(30) days following its adoption.
Section II: Posting. The City Clerk of the City of Dublin shall cause this Ordinance
to be posted in at least three (3) public places in the City of Dublin in accordance with
Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this day of
,2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
3ßJtÞ4
APPROVED AS TO FORM:
City Attorney
Chapter 5.32
SOLID WASTE MANAGEMENT
Sections:
Article I. General Provisions
5.32.010 Title.
5.32.020 Findings.
5.32.030 Purpose.
5.32.040 Definitions.
Article II. Solid Waste Accumulation, Storage and Delivery
5.32.050 Storage in receptacles-Exceptions.
5.32.060 Types of receptacles required-Maintenance.
5.32.061 Use of public solid waste receptacles.
5.32.070 Location of receptacles.
5.32.080 Removal of solid waste.
5.32.090 Payment of solid waste charges.
5.32.091 Minimum subscription for solid waste collection
required.
5.32.094 Payment for minimum service.
5.32.100 Responsibilities of collector.
5.32.110 Submission of invoices and receipts.
5.32.115 City entitled to payment for minimum residential
service.
5.32.120 Collection-Time and location.
Article III. Solid Waste Collection and Transportation
5.32.130 Franchise-Limitations.
5.32.140 Collection rates-Designation of minimum service.
5.32.150 Owner/occupant transporting solid waste.
Article IV. Recycling
5.32.160 Source separation.
5.32.170 Recycling transporter-Requirements.
5.32.180 Recycling transporter-Permit required-
Exceptions.
5.32.190 Recycling transporter-Permit application.
5.32.200 Recycling transporter-Permit application-Flling-
Fee.
5.32.210 Recycling transporter-Granting of permit.
5.32.220 Recycling transporter-Permit-Expiration.
5.32.230 Recycling transporter-Perm it-Revocation.
5.32.240 Recycling facility-Permit required-Application.
5.32.250 Recycling facility-Permit application-Filing.
5.32.260 Recycling facility-Permit-Display-Expiratlon.
-aA'b /J¡.f>
ATTACHMENT 4
5.32.270 Recycling facility-Penn it-Revocation.
5.32.280 Appeals procedure.
5.32.282 Recycling facility and recycling transporter-
Reporting required.
5.32.284 Inclusion of identification on receptacle.
5.32.286 Ownership of source separated materials.
Article V. Enforcement
5.32.290 Necessity.
5.32.300 Administrative officer designated.
5.32.310 Authority to implement civil remedies.
5.32.320 Loss of revenue-Civil remedies.
5.32.330 Inspections.
5.32.340 Right of entry.
5.32.350 Nuisance-Civil remedies.
5.32.360 Violation-Penalty.
Article VI. Procedures for Revocation of Permits
5.32.370 Failure to furnish requested information.
5.32.380 Failure to comply.
5.32.390 Hearing-Notice required.
5.32.400 Notice of hearing-SelVice.
5.32.410 Action by City Council.
Article I. General Provisions
5.32.010 Title.
This chapter may be referred to and cited as the "solid waste
management ordinance of the city of Dublin." (Ord. 2-86 § 2 (5-
100)
5.32.020 Findings.
The management of solid waste is a matter of great importance
to the city, and its citizens, visitors, property owners and
businesses. The city has found that the public health, safety, and
well-being require that the generation, accumulation, handling,
collection, transportation, conversion and disposal of solid waste be
controlled and regulated by the city through the comprehensive
system provided in this chapter. The establishment and
maintenance of this system will benefit the city and all its citizens,
visitors, property owners and businesses apart from and in addition
to individual use. The system seeks to maintain a readily available
solid waste disposal service which the city wants to be reliable,
clean, efficient and economical. The system will help to reduce the
harboring and breeding of rodents and insects, to reduce the
spread of disease, and to prevent pollution and other unsightly
'fOl1{) ~ ~
degradation of the environment. The comprehensive solid waste
management system provided in this chapter is found to be in the
public interest. (Ord. 2-86 § 2 (5-101))
5.32.030 Purpose.
The purpose and object of this chapter are to accomplish the
foregoing results, and the provisions thereof shall be construed to
give full effect to the accomplishment of such purpose and object.
(Ord. 2~86 § 2 (5-102»
5.32.040 Definitions.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this
section:
"Collection" means the removal and transportation of solid waste
by the collector from the place of delivery to a disposal facility
approved under the collector's agreement with the city.
"Collector" means that person or business having an exclusive
franchise agreement with the city granting to him or it the exclusive
privilege of collecting or causing to be collected or transported for a
fee any solid waste within the city or any portion thereof.
"Delivery" of solid waste shall be deemed to occur when solid
waste is deposited in a receptacle or at a location that is designated
for collection pursuant to this chapter, or is otherwise discarded.
"Demolition debris" means used construction materials removed
from a site during the razing or renovation of a structure as part of a
total service offered by a duly licensed demolition contractor (C~21
license).
"Director" means the City Manager or the designee of the City
Manager.
"Hazardous waste" means any waste now or hereafter classified
as hazardous pursuant to applicable federal, state or local law.
"Junk dealers" means a person who lawfully, and in accordance
with all local ordinances, collects or purchases used articles for
purposes of restoration or resale, including antique dealers, used
building supply dealers, and automobile salvagers. This definition
does not include a person who collects or accepts solid waste for
recycling after source separation. .
"Owner" means the owner or owners of real property having fee
title to the property as identified in the most recent equalized
assessment roll of the Alameda County Assessor.
"Recycling" means the process of treating and reconstituting solid
waste for the purpose of using the altered form. The collection,
handling, transfer or disposal of solid waste not source separated
or not intended for or capable of recycling is not "recycling" within
the meaning of this chapter. Putrescible solid waste (except animal
l. -1r1blb~
wastes or remains for use only as tallow) is rebuttably presumed to
be not capable of being recycled. "Recycling" also does not include
the processing or use of solid waste for conversion to energy.
"Recycling facility" means any location, within or without the city
limits of the city, which accepts recyclable materials that have been
source separated from solid waste generated in the city for the sole
purpose of recycling as defined herein.
"Recycling transporter" means any person who transports source
separated materials for recycling.
"Solid waste" means all putrescible and nonputrescible solid,
semi-solid and liquid wastes, including garbage, trash, refuse,
paper, rubbish, ashes, industrial or commercial wastes, demolition
and construction wastes, discarded home and industrial appliances,
animal solid and semi-solid wastes other than fecal matter,
vegetable wastes, and other discarded solid and semi-solid wastes,
but does not include hazardous waste, as herein defined, sewage
or abandoned automobiles.
"Source separation" means the segregation into separate
containers by the waste generator, prior to delivery, of individual
components of solid waste, such as glass bottles, cans,
newspapers, and corrugated containers, for the sole purpose of
"recycling" as defined herein.
"Tenant" when used with reference to a residence, means any
person or persons other than the owner occupying or in possession
of the residence.
"Waste generator" means the property owner, resident, tenant,
lessee, occupant, or business which produced the waste in the city
in the first instance. This definition excludes any person who
collects from or accepts shipment of waste from another person for
the purposes of separating, recycling or otherwise disposing of
such waste. (Ord. 2-92 § 1 (A); Ord. 2-86 § 2 (5-103))
ArtIcle II. Solid Waste Accumulation, Storage and Delivery
5.32.050 Storage in receptacles-Exceptions.
A. All solid waste produced, deposited, kept, or accumulated
upon any lot or parcel of land, whether public or private, shall be
kept in receptacles or containers as hereinafter provided. All such
waste, in the receptacles or containers in which it is kept, shall be
delivered for collection as hereinafter provided, with the following
exceptions:
1. Materials source-separated for recycling;
2. Lawn and garden trimmings and dead leaves removed from a
site by a gardening, landscaping, or tree trimming contractor, as an
incidental part of a total service offered by that contractor rather
than as, a hauling service;
I.f 200 II ~
3. Demolition debris as defined herein which is removed in
accordance with such definition;
4. Nonputrescible solid waste separated by the waste generator
for collection and transportation by a junk dealer, but not as a
hauling service;
5. Animal wastes and remains from slaughterhouses or butcher
shops for use as tallow;
6. Solid waste transported by the owner or occupant of any
residence to a fully licensed public disposal facility, provided that
such person may not transport solid waste from more than one
residential unit; and
7. Hazardous waste.
B. Hazardous waste shall not be delivered to the collector under
the provisions of this article, except as the collector may agree by a
separate contract with the generator or owner of any hazardous
waste or through any further program arranged with the legislative
body having jurisdiction. Every generator, keeper, custodian or
owner of hazardous waste is, and shall remain, responsible for the
safe disposal of such waste pursuant to applicable law.
C. Every generator, keeper, custodian or owner of material
covered by items 1, 2, 3, 4, 5, or 6 of subsection A of this section is,
and shall remain, responsible for its safe handling and disposal in
accordance with this chapter and with other applicable law.
D. Nothing herein shall prevent the collector from accepting,
collecting or transporting material covered by items 1, 2, 3, 4, 5, or
6 of subsection A of this section if delivered or othelWise offered to
the collector. (Ord. 2-86 § 2 (5-200))
5.32.060 Types of receptacles required-Maintenance.
Every owner, lessor, lessee, tenant, employee, or occupant of
any premises where solid waste is created, deposited, kept,
produced, or accumulated shall provide for use upon such
premises and shall use one or more watertight, noncorrodible,
nonabsorbent and durable receptacles which shall be kept in a
clean and sanitary condition at all times. The standard size
container for residential and commercial services shall have a
capacity not exceeding thirty-two (32) gallons and shall be of a
design approved by the Director; provided, that receptacles of a net
capacity of more than thirty-two (32) gallons may be used when
approved by the Director and the collector. When delivered for
collection, no such receptacle shall be filled so as to exceed a
gross weight of seventy-five (75) pounds, including the receptacle
and its contents, except for automated container collection. The
Director may establish reasonable weight limits for safe handling of
automated collection containers. The receptacle shall be kept
tightly covered at all times by a tightfitting noncorrodible cover,
Lf,'b(,,~
except when solid waste is being deposited therein or removed
therefrom, and shall at all times be proofed against access by flies,
rodents, and animals. (Ord. 2-86 § 2 (5-201»
5.32.061 Use of public solid waste receptacles.
It shall be unlawful for any person to place or cause to be placed
in any solid waste receptacle owned or maintained by the city of
Dublin and located upon any public street or public place, any solid
waste matter originating within or upon any private property;
provided, however, that. pedestrians or other persons using such
street or public place shall be permitted to deposit in receptacle
miscellaneous small articles of waste matter carried by them. (Ord.
2-92 § 1 (E)(1»
5.32.070 Location of receptacles.
All solid waste receptacles delivered for collection shall be placed
so as to be readily accessible for removal and emptying by the
collector, but they shall not be placed within the vehicle traveled
portion of any street, road, avenue, way or alley, or at any location
so as to constitute a nuisance. By the day after collection, all
residential collection containers must be removed so as not to be
visible from the street, except for such containers stored in side
yards. Flashers shall be required on all collection containers four
cubic yards in capacity or larger placed in the nontraveled portion of
the street for more than twenty-four (24) hours. (Ord. 14-88 § 1:
Ord. 2-86 § 2 (5-202»
5.32.080 Removal of solid waste.
A. All solid waste created, deposited, kept, produced, or
accumulated in, on or about any dwelling, premises, lot or parcel of
land, whether public or private, shall be delivered to the collector, or
removed by the waste generator where permitted by Sections
5.32.130 and 5.32.150, at least once each week or more often if
required by the Director unless and to the extent specifically
exempted in Section 5.32.050.
B. if the city is advised by the collector that service has not been
initiated as provided for herein, or the Director determines that
additional service is necessary, city shall give the owner written
notification that such service is required. If the required service is
not initiated within fifteen (15) days from the date of mailing of the
city's notice, the city may require the collector to initiate and
continue that solid waste service for said residential unit. (Ord. 2-92
§ 1 (B): Ord. 2-86 § 2 (5-203»
5.32.090 Payment of solid waste charges.
L..\~~ (,~
45t!fP"t
The owner or owners shall subscribe to and pay for solid waste
collection and disposal services rendered by the collector. Nothing
in this section is intended to prevent an arrangement, or the
continuance of an existing arrangement under which subscription,
or payments for solid waste collection service, or both subscription
and payment for such service is made by a tenant, tenants, or any
agent on behalf of the owner. However, any such arrangement will
not affect the owner's obligation should such subscription or
payments not be made. (Ord. 2-92 § 1 (C): Ord. 2-86 § 2 (5-204»
5.32.091 Minimum subscription for solid waste collection
required.
Effective March 1, 1992, each property in the city shall subscribe
to a minimum service level. For any residence which is not serviced
by a commercial bin, the minimum service level shall be identified
in the resolution required in Section 5.32.140. Minimum service to
multifamily residences, commercial, industrial and institutional
properties shall be as approved by the Director, in the event that
central bin service is provided to multiple users on a property under
single ownership. The criteria used by the Director shall assure that
the level of service is adequate to protect health, safety and public
welfare. (Ord. 2-92 § 1 (E)(2»
5.32.094 Payment for minimum service.
Every person in possession or control of property in the city of
Dublin which is provided garbage collection service by the collector
shall pay such garbage fees as are set forth in Section 5.32.140.
Fees and charges for the minimum service level for all residential
units not receiving commercial bin service for the period of July 1 sl,
to and including June 30th of each fiscal year shall be filed by the
city and with the County Auditor of the county of Alameda prior to
August 10th, who shall enter such fees and charges as an
assessment on the tax roll and against the respective premises.
The imposition of these assessments shall be in accordance with a
resolution duly adopted by the City Council. The resolution levying
the assessment may include the administrative costs associated
with the cost of providing the service. Said assessments shall be
collected at the same time and in the same manner as ad valorem
taxes and other charges as are otherwise collectible by the county
and shall be subject to the same penalties and the same
procedures and sale in the case of delinquencies as proved for
such taxes. All laws applicable to the levying, collection and
enforcement of ad valorem taxes shall be applicable to such
assessments as provided herein. All other fees and charges not
assigned for collection to the County Auditor shall be billed and
collected by the collector. (Ord. 4-93 § 1 (A»
5.32.100 Responsibilities of collector.
The collector shall collect all solid waste delivered to such places
of collection and at such intelVals as set forth herein and shall
transfer the contents of all solid waste receptacles into the vehicles
provided therefor. The collector shall clean up any solid waste
spilled during the collection and shall completely empty the
receptacles and replace lids. The collector shall continue to provide
uninterrupted minimum refuse collection selVice as identified in
Section 5.32.140 to all residences. (Ord. 4-93 § 1 (B): Ord. 2-86 § 2
(5-205»)
5.32.110 Submission of invoices and receipts.
The collector shall, at least quarterly, submit to every regular
customer within the city a written, dated invoice for sums due and
payable to be collected. Amounts due under this section shall
exclude charges for the minimum selVice level. In the event the
collector submits an invoice in advance of or at the beginning of a
particular quarter, the sums due for such quarter shall not be
deemed delinquent until the expiration of the second month of such
quarter. The collector also shall. if requested by any customer,
render a written, dated receipt for any money received by the
collector from such customer on account of solid waste collection
selVices rendered or to be rendered. (Ord. 4-93 § 1(C): Ord. 2-86
§ 2 (5-206)
5.32.115 City entitled to payment for minimum residential
service.
The collector city shall be entitled to payment from the owner as
described in this chapter. Any assessments as described in Section
5.32.094 which remain unpaid may be collected thereafter by the
city as provided herein.
A. As scheduled and deemed appropriate by city, the City
Council shall consider a report of delinquent accounts.
B. The city shall determine the name or names of the owner of
the real property for which the selVice was provided, as identified in
the latest equalized assessment roll of the County Assessor. The
city shall identify the total amount due, including reasonable
administrative charges as established by the city. The City Council
shall fix a time, date and place for hearing any objections or
protests thereto.
C. The Director shall cause a notice of the hearing to be mailed
to the owners listed on the report not less than ten (10) days prior
to the date of the hearing.
D. At the hearing, the City Council shall hear any objections or
protest of owners liable to be assessed for delinquent fees and
administrative charges. The City Council may make revisions or
4wCbll c.t
corrections to the report as it deems just, after which, by resolution,
the report shall be confirmed.
E. The delinquent fees and charges set forth in the report as
confirmed shall constitute a special assessment against the
respective parcel of land and shall be a lien on the property for the
amount of such delinquent fees and charges.
F. A certified copy of the confirmed report shall thereafter be
filed with the appropriate county official for the amounts of the
respective assessments against the respective parcels of land as
they appear on the current assessment roll. The lien created
attaches upon recordation, in the office of the County Recorder of
the county of Alameda, of a certified copy of the resolution of
confirmation. The assessment may be collected at the same time
and in the same manner as ordinary county ad valorem property
taxes are collected, and shall be subject to the same penalties and
the same procedure and sale in the case of delinquency as
provided for such taxes. All laws applicable to the levy, collection
and enforcement of county ad valorem property taxes shall be
applicable to such assessment, except that if any real property to
which such lien would attach has been transferred or conveyed to a
bona fide purchaser for value has been created and attaches
thereon, prior to the date in which the first installment of such taxes
would become delinquent, then the lien which would otherwise be
imposed by this section shall not attach to such real property and
the delinquent fees, as confirmed, relating to such property shall be
transferred to the unsecured roll for collection. (Ord. 4-93 § 1 (D):
Ord. 2-92 § 1(E)(7))
5.32.120 Collection-Time and location.
Collection from single-family residences shall be from locations
determined by resolution of the City Council. Collection from other
premises shall be at places agreed upon by negotiation between
the solid waste collector and the waste generator. All collections
from residences and commercial properties adjacent to residences
shall begin not earlier than five-thirty a.m. (5:30 a.m.). (Ord. 2-86
§ 2 (5-207))
Article III. Solid Waste Collection and Transportation
5.32.130 Franchise-Limitations.
The city may enter into an exclusive franchise agreement
granting to one person the exclusive right to collect or transport, or
cause to be collected or transported for a fee, all solid waste within
the city or any portion thereof, excepting solid waste exempted from
the delivery requirements by Section 5.32.050. The franchise
agreement shall provide detailed requirements for the management
41Dbt.'-\-
and disposal of solid waste in the city and provide for regulation of
the fees to be collected under the exclusive franchise. No person
other than the exclusive franchisee of the city shall collect, transport
or convey, or cause or permit to be collected, transported or
conveyed on any city street, any solid waste for a fee or any
consideration whatsoever; provided, that:
A" Source-separated materials for recycling may be transported
by a permitted recycling transporter if all conditions of this chapter
are satisfied;
B. Demolition debris, as defined herein, may be transported by a
duly licensed demolition contractor if all requirements of the license
and this chapter are satisfied;
C. Nonputrescible solid waste separated by the waste generator
for collection by a junk dealer may be transported by such dealer
without fee if the requirements of this chapter are satisfied and if
such waste is transported in a manner which ensures no spillage or
litter of highways or city streets;
D. A waste generator who is the owner or occupant of any
residence may transport solid waste and source-separated
materials for recycling to the extent permitted by Sections 5.32.050
and 5.32.150;
E. Lawn and garden trimmings and dead leaves removed from a
site by a gardening, landscaping or tree trimming contractor, as an
incidental part of a total service offered by that contractor rather
than as a hauling service, may be transported by that contractor if
the requirements of this chapter are satisfied and if such waste is
transported in a manner which ensures no spillage or litter of.
highways or city streets; and
F. Tallow users may collect and transport animal wastes and
remains provided the permit therefor has been issued by the
Alameda County Health Officer. (Ord. 4-90 § 1; Ord. 2-86 § 2 (5-
300))
5.32.140 Collection rates-Designation of minimum service.
Maximum rates of compensation for the collection of solid waste
within the city shall be adopted by a resolution of the City Council.
The resolution shall also describe the minimum service required for
any residence pursuant to Section 5.32.091 including a description
of all services included in the minimum service level. (Ord. 2-92
§ 1(D): Ord. 2-86 § 2 (5-700»
5.32.150 Owner/occupant transporting solid waste.
A. Consistent with Section 5.32.130, a waste generator who is
the owner or occupant of any residence may transport solid waste
or source separated recyclable materials generated by it only to the
following destinations; provided, that such person may not transport
4~ Ðb ~If
solid waste or source separated recyclable materials from more
than one residential unit:
1. For solid waste, the designated receiving area at a fully
licensed public disposal facility;
2. For materials for recycling, a recycling facility holding a permit
issued under this chapter, provided that the material has been
source-separated, contains no putrescible matter and is untainted
by putrescible matter.
B. Such solid waste or materials for recycling may not be
permitted to leak, spill, overflow or litter upon any public street or
highway. (Ord. 2-86 § 2 (5-301))
Article IV. Recycling
5.32.160 Source separation.
Waste generators may source-separate materials for recycling
from solid waste for conveyance to duly permitted recycling
facilities. Materials source-separated for recycling must be stored in
receptacles or another manner sufficient to prevent access by
rodents, insects and animals, and must be collected by licensed
recycling transporters or transported by the waste generator with
sufficient frequency so as not to create a health hazard, public
nuisance or fire hazard. Putrescible solid waste and nonputrescible
solid waste tainted by putrescible solid waste shall be presumed to
be inappropriate for recycling, except where intended for use and
source-separated for use as tallow. Nothing in this section is
intended to modify, restrict or eliminate any other obligations,
restrictions, limitations or conditions imposed upon or applicable to
any waste generator, other person, use, or location. (Ord. 2-86 § 2
(5-400))
5.32.170 Recycling transporter-Requirements.
A. Permitted recycling transporters may collect source-separated
materials for recycling and transport such materials to a recycling
facility provided that both the recycling transporter and the recycling
facility have obtained any and all necessary permits required by this
chapter or by any other regulatory agency having jurisdiction.
B. A recycling transporter shall make a reasonable inspection of
everything offered or given it to assure the recycling transporter's
compliance with the requirements of this chapter and with any and
all conditions of its permit and other applicable laws.
C. Every vehicle used by a recycling transporter to transport
source-separated materials for recycling shall be identified by its
name and local business telephone number in lettering not less
than two and one-half inches (2 1/2") high and, where required by
ti't Þb ú If
the Director, a vehicle identification number. (Ord. 4-90 § 2; Ord. 2-
86 § 2 (5-401»)
5.32.180 Recycling transporter-Permit required-Exceptions.
No person shall transport or convey, or cause or permit to be
transported or conveyed, source-separated materials for recycling
unless an effective recycling transporter permit in writing has been
issued to the transporter, except that the waste generator may
transport source-separated materials for recycling to a duly
permitted recycling facility as provided in Section 5.32.150. No
recycling transporter may transport nonsource-separated solid
waste tainted by putrescible material. (Ord. 2-86 § 2 (5-402»
5.32.190 Recycling transporter-Permit application.
The application for a recycling transporter permit must be made
under oath and in writing, and it must be signed by the applicant
and must show the following:
A. The name, address, and telephone number of the applicant;
B. The type, kind and make of each vehicle to be used by the
applicant in the collection and transportation of source-separated
materials for recycling;
C. Whether such vehicle is so constructed as to prevent
unintended loss of contents;
D. The type and kind of cover used for covering its contents;
E. All destinations where all or part of the contents may be left or
unloaded;
F. The method, manner, and frequency of cleaning such
equipment;
G. A statement that the applicant will not attempt to assign or
transfer such permit, and that the applicant agrees to comply with
all requirements of this chapter;
H. The description of the materials to be transported; and
I. A statement that, if any of the information in the application
changes in any material respect, the applicant will notify the
Director in writing of the change or changes and will file a new
application if required by the Director. (Ord. 2-86 § 2 (5-403»
5.32.200 Recycling transporter-Permit application-Filing-
Fee.
The application for a recycling transporter permit shall be made
under oath and shall be filed with the Director and shall be
accompanied by a nonrefundable application fee established by
resolution of the City Council. (Ord. 2-86 § 2 (5-404»
5.32.210 Recycling transporter-Granting of permit.
5D~I.t~
If the Director finds that the application is consistent with the
intent and purpose of this chapter, the Director shall issue a permit
to such applicant. If the application is denied, the Director shall
inform the applicant in a dated writing which shall be mailed to the
applicant's address shown on the application. (Ord. 2-86 § 2 (5-
405»)
5.32.220 Recycling transporter-Perm it-Expiration.
Each recycling transporter permit issued under this chapter shall
expire on the December 31 st of the year in which issued. (Ord. 2-
86 § 2 (5-406»
5.32.230 Recycling transporter-Permit-Revocation.
Each recycling transporter permit shall be subject to revocation
after notice and hearing pursuant to Article VI of this chapter, for
failure to comply with the requirements of this chapter or with any of
the conditions of such permit. (Ord. 2-86 § 2 (5-407))
5.32.240 Recycling facility-Permit required-Application.
No person shall operate a recycling facility unless a recycling
facility permit in writing has been issued for such facility by the
Director. The application for a recycling facility permit must be
made under oath and in writing, signed by the applicant and show
the following:
A. The name, address and telephone number of the applicant
and the facility, if different;
B. The type or types of material to be recycled;
C. The source or sources from which such material is to be
obtained;
D. The manner of transportation of such material from the waste
generator to the recycling facility;
E. A statement that the applicant will not attempt to assign such
permit, and that the applicant agrees to comply with all
requirements of this chapter, now in force or as hereafter amended;
F. A statement that no putrescible solid waste will be accepted
or received by the recycling facility, provided that tallow users need
not comply with this subsection; and
G. A statement that, if any of the information in the application
changes in any material respect, the applicant will notify the
Director in writing of the change or changes and will file a new
application if required by the Director. (Ord. 2-86 § 2 (5-408»
5.32.250 Recycling facility-Permit application-Filing.
The application for a recycling facility permit shall be filed with the
Director and shall be accompanied by a nonrefundable application
fee to be established by resolution of the City Council. The Director
5IDb~*
shall make an inspection of the recycling facility described in the
application. If the Director finds that the application is consistent
with the intent and purposes of this chapter, the Director shall issue
a permit to such applicant for the recycling facility. If the application
is denied, the Director shall inform the applicant in a dated writing
which shall be mailed to the applicant's address shown on the
application. (Ord. 2-86 § 2 (5-409»
5.32.260 Recycling facility-Permit-Display-Explration.
The Director shall issue one recycling facility permit for each
application granted showing the number of the permit, the year in
which it was issued, and the address of the facility. At the discretion
of the Director, the permit shall be displayed in a conspicuous
place, designated by the Director, in the facility. However, if it is not
displayed, a responsible representative of the operator must have
possession of the permit and be capable of presenting it within a
reasonable period of time. The recycling facility permit shall expire
on the December 31 st following the date it was issued. (Ord. 2-86
§ 2 (5-410»
5.32.270 Recycling facility-Permit-Revocation.
Each recycling facility permit shall be subject to revocation after
notice and hearing, pursuant to Article VI of this chapter, for failure
to comply with the requirements of this chapter or with the
conditions of such permit. (Ord. 2-86 § 2 (5-411»
5.32.280 Appeals procedure.
Any applicant for a permit under this article and any person who
is aggrieved by the Director's action on the application may have
the action reviewed by the City Council, pursuant to Section
3.16.100. (Ord. 2-86 § 2 (5-412»
5.32.282 Recycling facility and recycling transporter-
Reporting required.
The Director may require the regular submittal of operational data
throughout the term of the permit as defined in Sections 5.32.220 or
5.32.260 for purposes of compliance with Public Resources Code
Section 40000 et seq. or other applicable state laws. Submittal of
the information may be required on a quarterly basis. Failure to
submit the information may be cause for revocation pursuant to
Sections 5.32.230 or 5.32.270. (Ord. 4-90 § 3: Ord. 2-86 (part»
5.32.284 Inclusion of identification on receptacle.
Source separated materials shall be stored in a receptacle
approved by the Director. The receptacle shall include some form
,7. 'bt;~
of identification as to the ownership or other identifying mark of the
recycling transporter. (Ord. 4-90 § 4: Ord. 2-86 (part»
5.32.286 Ownership of source separated materials.
All source separated materials shall become the property of the
recycling transporter who has provided the receptacle, upon
deposit in the receptacle. It shall be unlawful for any person other
than the owner of the receptacle to remove source separated
materials from an approved receptacle, when placed for collection,
without the express permission of the receptacle owner. (Ord. 4-90
§ 5: Ord. 2-86 (part»
Article V. Enforcement
5.32.290 Necessity.
The enforcement of this chapter is essential to the public health,
safety and well-being. The importance of the policies which the
chapter seeks to effectuate makes necessary a range of flexible
enforcement mechanisms. The remedies provided in this article
shall be available without prior recourse, if applicable, to the permit
revocation procedures provided in Article VI. Each of the remedies
provided in this article shall be available in accordance with the
terms of its respective section without regard for the availability.
potential availability. or use of another remedy or of permit
revocation. The Director and the Alameda County Health Officer
may utilize other remedies not set forth in this article. (Ord. 2-86 § 2
(5-500»)
5.32.300 Administrative officer designated.
The Director or the Alameda County Health Officer shall enforce
and administer all provisions of this chapter falling under their
respective jurisdictions, and for such purpose each shall have the
powers of peace officer. (Ord. 2-86 § 2 (5-501)
5.32.310 Authority to implement civil remedies.
The Director or the Alameda County Health Officer is authorized
to seek civil injunctive relief in any court of competent jurisdiction
against any violation or threatened violation of this chapter. (Ord. 2-
86 § 2 (5-502))
5.32.320 Loss of revenue-Civil remedies.
To the extent that any violation of this chapter has resulted in any
loss of revenues to the solid waste management system, the city
may sue in any court of competent jurisdiction to recover said
revenues. "Loss of revenues" means and includes the loss of the
5"3 no Ii If
contribution of revenues to the regulated rate structure of the
franchised solid waste collector. (Ord. 2-86 § 2 (5-503)
5.32.330 Inspections.
The Director is authorized to make such inspections and to take
such actions as may be required to enforce the provisions of this
chapter. Specifically, the collector, as well as any recycling
transporter or the operator of any solid waste disposal facility or
recycling facility must, upon demand by the Director. permit such
inspection of records, operations, facilities or other matters as may
be necessary to ensure compliance with this chapter. (Ord. 2-86
§ 2 (5-504))
5.32.340 Right of entry.
A. Whenever necessary to make an inspection to enforce any of
the provisions of this chapter, or whenever the Director has
reasonable cause to believe that there exists in any building or
upon any premises any condition which constitutes a violation of
the provisions of this chapter, the Director may enter such building
or premises at all reasonable times to inspect the same or perform
any duty imposed upon the Director by this chapter; provided, that
(i) if such building or premises be occupied, he shall first present
proper credentials and demand entry; and (ii) if such building or
premises be unoccupied, he shall first make a reasonable effort to
locate the owner or other persons having charge or control of the
building or premises and demand entry. If such entry is denied, or if
the owner or individual in charge of the premises cannot be located,
the Director shall have recourse to every remedy provided by law to
secure entry, including but not limited to the provisions of Code of
Civil Procedure Section 1822.50 et seq.
B. No owner or occupant or any other person having charge,
care or control of any building or premises shall fail or refuse, after
proper demand made as herein provided, promptly to permit entry
therein by the Director for the purpose of inspection and
examination pursuant to this chapter. (Ord. 9-91 § 3; Ord. 2-86 § 2
(5-505)
5.32.350 Nuisance-Civil remedies.
The violation of any of the provisions of this chapter shall also be
deemed a nuisance, and a civil action may be brought to abate,
enjoin or othelWise compel the cessation of such nuisance. (Ord. 2-
86 § 2 (5-506»
5.32.360 Violation-Penalty.
Any person who shall violate any of the provisions of Section
5.32.050, Sections 5.32.130 and 5.32.150, Sections 5.32.160
S+Dbtl~
through 5.32.180 or Section 5.32.240 shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by a
fine not to exceed one thousand dollars ($1,000) for each violation,
or by imprisonment in the County Jail for not more than six (6)
months, or both. Any person who shall violate any of the provisions
of Sections 5.32.060, 5.32.070, 5.32.080 or 5.32.286 shall be guilty
of an infraction and upon conviction thereof shall be punished as
provided in Government Code Section 36900. The Director and/or
Alameda County Health Officer are designated as the enforcement
authority for the enforcement of those provisions which are
designated as infractions. (Ord. 4~90 § 6)
Article VI. Procedures for Revocation of Permits
5.32.370 Failure to furnish requested information.
The Director may at any time require any person to whom a
permit has been granted under this chapter to furnish the Director
with the plans and a report of operations conducted by such
permittee. If the holder of such permit wilfully fails and refuses to
furnish such plans and report of operations to the Director within a
reasonable time after such demand, the Director may request the
City Council to hold a public hearing to determine whether such
permit shall be revoked. (Ord. 2-86 § 2 (5-600))
5.32.380 Failure to comply.
The Director may at any time request the City Council to revoke a
permit issued pursuant to the provisions of this chapter for the
failure of the holder thereof to comply with requirements of this
chapter or with the conditions of such permit. The request shall
contain a written statement which shall set forth in concise
language the acts or omissions with which the holder is charged,
specifying the specific sections of this chapter or the specific
conditions of the permit which the holder thereof is alleged to have
violated. (Ord. 2-86 § 2 (5-601))
5.32.390 Hearing-Notice required.
Within thirty (30) days after the receipt of the request from the
Director, the City Council shall hold such hearing and shall give
notice of the date, time and place of such hearing to the holder of
the permit, to the Director, and to such other persons as the City
Council deems should be notified, not later than ten (10) days
before the date of the public hearing. Such notice shall include the
written statement of the Director prepared pursuant to Section
5.32.380. (Ord. 2-86 § 2 (5-602))
5.32.400 Notice of hearing-Service.
5G1Sb /j ""
The notice required under Section 5.32.390 shall be served
personally, or by first class mail, postage prepaid, addressed to the
holder of the permit at the address shown on the application, and
shall be deemed given when so deposited in the mail or served
personally. (Ord. 2-86 § 2 (5-603))
5.32.410 Action by City Council.
Failure of the holder of the permit to appear at the hearing, after
having been notified, may be deemed an admission of the act or
omission charged in the notice, and in the event of such failure to
appear, the City Council may revoke the permit without further
evidence than that which served as the basis for the notice. After
the hearing is concluded, the Council shall, within twenty-one (21)
days, render its decision revoking such permit or dismissing the
charges, with a brief statement of its reasons therefor. (Ord. 2-86
§ 2 (5-604))
5(,úblÞ~
Chapter 7.30
WASTE MANAGEMENT PLAN
Sections:
7.30.010 Definitions.
7.30.020 Threshold for covered projects.
7.30.030 Submission of waste management plan.
7.30.040 Performance security.
7.30.050 Review ofWMP.
7.30.060 Compliance with WMP.
7.30.070 Infeasible exemption.
7.30.080 Appeal.
7.30.090 Enforcement.
7.30.010 Definitions.
For the purposes of this chapter, the following definitions shall
apply:
"Applicant" means any individual, firm, limited liability company,
association, partnership, political subdivision, government agency,
municipality, industry, public or private corporation, or any other
entity whatsoever who applies to the city for the applicable permits
to undertake any construction, demolition, or renovation project
within the city.
"Construction" means the building of any facility or structure or
any portion thereof including any tenant improvements to an
existing facility or structure.
"Construction and demolition debris" means used or discarded
materials removed from premises during construction or renovation
of a structure resulting from construction, remodeling, repair or
demolition operations on any pavement, house, commercial
building or other structure.
"Conversion rate" means the rate set forth in the standardized
conversion rate table approved by the city pursuant to this chapter
for use in estimating the volume or weight of materials identified in
a waste management plan.
"Covered project" shall have the meaning set forth in Section
7.30.020A ofthis chapter.
"Deconstruction" means the process of carefully dismantling a
building or structure in order to salvage components for reuse and
recycling.
"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.
"Divert" means to use material for any purpose other than
disposal in a landfill or transformation facility.
G1~i.tC+
ATTACHMENT 5
"Diversion requirement" means the diversion of at least fifty (50)
percent of the total construction and demolition debris generated by
a project via reuse or recycling, unless the applicant has been
granted an infeasible exemption pursuant to Section 7.30.070 of
this chapter, in which case the diversion requirement shall be the
maximum feasible diversion rate established by the WMP
Compliance Official for the project.
"Noncovered project" shall have the meaning set forth in Section
7.30.020B of this chapter.
"Performance security" means any performance bond, surety
bond, money order, letter of credit, or certificate of deposit
submitted to the city pursuant to Section 7.30.040 of this chapter.
"Project" means any activity which requires an application for a
building or demolition permit or any similar permit from the city.
"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.
"Renovation" means any change, addition or modification in an
existing structure.
"Reuse" means further or repeated use of construction or
demolition debris.
"Salvage" means the controlled removal of construction or
demolition debris from a permitted building or demolition site for the
purpose of recycling, reuse or storage for later recycling or reuse.
"Total costs" means the total construction value of the project as
calculated by the Building and Safety Division using the city's
standard commercial and residential valuation formulas.
"Waste management plan" means a completed WMP form,
approved by the city for the purpose of compliance with this
chapter, submitted by the applicant for any covered or noncovered
project.
"WMP Compliance Official" means the designated staff person(s)
authorized and responsible for implementing this chapter. (Ord. 5-
00 § 2 (part))
7.30.020 Threshold for covered projects.
A. Covered Projects. All construction, demolition, and renovation
projects within the city, the total costs of which are greater than or
equal to $100,000 ("covered projects") shall comply with this
chapter. Failure to comply with any of the terms of this chapter shall
subject the project applicant to the full range of enforcement
mechanisms set forth in Section 7.30.090 of this chapter.
~ß"l> /I'r
B. Noncovered Projects. Applicants for construction, demolition,
and renovation projects within the city whose total costs are less
than $100,000 ("noncovered projects") shall be encouraged to
divert at least fifty (50) percent of all project-related construction
and demolition debris.
C. City-Sponsored Projects. All city-sponsored construction,
demolition, and renovation projects, whose total costs are equal to
or greater than $100,000, shall be considered "covered projects" for
the purposes of this chapter and shall submit a waste management
plan to the WMP Compliance Official prior to beginning any
construction or demolition activities and shall be subject to all
applicable provisions of this chapter.
D, Compliance as a Condition of Approval. Compliance with the
provisions of this chapter shall be listed as a condition of approval
on any building or demolition permit issued for a covered project.
Failure to include such a condition shall not relieve the project
applicant from complying with this chapter. (Ord. 5-00 § 2 (part»
7.30.030 Submission of waste management plan.
A. WMP Forms. Applicants for a plan check involving any
covered project shall complete and submit a waste management
plan ("WMP"), on a WMP form approved by the city for this
purpose. The WMP shall be submitted for review with the first plan
check of an individual project or at the first check of a residential
master plan in the case of a residential project. The completed
WMP shall indicate all of the following:
1. The estimated volume or weight of project construction and
demolition debris, by materials type, to be generated;
2. The maximum volume or weight of such materials that can
feasibly be diverted via reuse or recycling;
3. The vendor or facility that the applicant proposes to use to
collect or receive that material;
4. The estimated volume or weight of construction and
demolition materials that will be landfilled; and
5. The total square footage of the project.
B. Calculating Volume and Weight of Debris. In estimating the
volume or weight of materials identified in the WMP, the applicant
shall use the standardized conversion rates approved by the city for
this purpose.
C. Deconstruction. In preparing the WMP, applicants for a plan
check involving the removal of all or part of an existing structure
shall consider deconstruction, to the maximum extent feasible, and
shall make the materials generated thereby available for salvage
prior to landfilling. (Ord. 5-00 § 2 (part))
7.30.040 Performance security.
71a&Lf4
A. Time and Amount of Security. The applicant for any covered
project with a total project value greater than or equal to one million
dollars ($1,000,000), shall submit a performance security before the
issuance of a building or demolition permit. For residential projects,
a performance security shall be submitted for each phase and shall
be calculated using the following formula: (project square footage)
" (60/2000) " ($35) + $2,738. This means that the total square
footage of the project shall be multiplied by the average waste
generation for all projects types per ton, which is sixty (60) pounds
per square foot of project. That number shall then be multiplied by
thirty-five dollars ($35) which is the cost of landfilling one (1) ton of
material. (This thirty-five dollars ($35) shall be increased annually
on July 1, beginning on July 1, 2001, by the increase in the
Engineering News Record Cost Construction Index (twenty (20) city
average) over the preceding July 1 rate.) That number shall then be
increased by the project's portion of the estimated fine per day that
the city would incur for violation of AS 939, which is two thousand
seven hundred thirty-eight dollars ($2,738). This number results
from the fact that construction and demolition waste equals thirty
percent (30%) of waste disposed in landfill, based on four hundred
(400) completed projects per year, with a ten thousand dollar
($10,000) per day fine that the city will pay for the violation of AS
939 for three hundred sixty-five (365) days before achieving fifty
percent (50%) diversion [.30 " ($10,000 " 365)/400].
S. Form of Security. Acceptable forms of performance security
include the following: performance bonds; surety bonds; money
orders; letters of credit; certificates of deposit, and cash. (Ord. 5-00
§ 2 (part))
7.30.050 Review ofWMP.
A. Approval. Notwithstanding any other provision of this code, no
plan check shall be approved for any covered project unless and
until the WMP Compliance Official has approved the WMP.
Approval shall not be required, however, where an emergency
demolition is required to protect public health or safety. The WMP
Compliance Official shall only approve a WMP if he or she first
determines that all of the following conditions have been met:
1. The WMP provides all of the information set forth in Section
7.30.030 of this chapter; and
2. The WMP indicates that at least fifty percent (50%) of all
construction and demolition debris generated by the project will be
diverted.
If the WMP Compliance Official determines that all of the
conditions set forth in this section have been met, he or she shall
mark the WMP "approved," return a copy of the WMP to the
VDO ) Clt.+
applicant, and notify the Building and Safety Division that the WMP
has been approved.
B. Nonapproval. If the WMP Compliance Official determines that
the WMP is incomplete or fails to indicate that at least fifty (50)
percent of all construction and demolition debris generated by the
project will be reused or recycled, he or she shall either:
1. Return the WMP to the applicant marked "denied," including a
statement of reasons, and so notify the Building and Safety
Division, which shall then immediately stop processing the plan
check; or
2. Return the WMP to the applicant marked "further explanation
required." (Ord. 5-00 § 2 (part))
7.30.060 Compliance with WMP.
A. Documentation. Within thirty (30) days after the issuance of a
certificate of occupancy, or at the time of issuing the last certificate
of occupancy for units within a residential phased project of any
covered project, the applicant shall submit to the WMP Compliance
Official documentation that it has met the diversion requirement for
the project. The diversion requirement shall be that the applicant
has diverted at least fifty (50) percent of the total construction and
demolition debris generated by the project via reuse or recycling,
unless the applicant has been granted an impossibility exemption
pursuant to Section 7.30.070 of this chapter, in which case the
diversion requirement shall be the maximum feasible diversion rate
established by the WMP Compliance Official for the project. This
documentation shall include all of the following:
1. Receipts from the vendor or facility which collected or
received each material showing the actual weight or volume of that
material;
2. A copy of the previously approved WMP for the project adding
the actual volume or weight of each material diverted and landfilled;
3. Any additional information the applicant believes is relevant to
determining its efforts to comply in good faith with this chapter.
B. Weighing of Wastes. Applicants shall make reasonable efforts
to ensure that all construction and demolition debris diverted or
landfilled is measured and recorded using the most accurate
method of measurement available. To the extent practical, all
construction and demolition debris shall be weighed by
measurement on scales. Such scales shall be in compliance with
all regulatory requirements for accuracy and maintenance. For
construction and demolition debris for which weighing is not
practical due to small size or other considerations, a volumetric
measurement shall be used. For conversion of volumetric
measurements to weight, the applicant shall use the standardized
conversion rates approved by the city for this purpose.
f.p I ctJl.Ilf
C. Determination of Compliance and Release of Performance
Security. The WMP Compliance Official shall review the information
submitted under subsection A of this section and determine
whether the applicant has complied with the diversion requirement,
as follows:
1. Full Compliance. If the WMP Compliance Official determines
that the applicant has fully complied with the diversion requirement
applicable to the project, he or she shall cause the full performance
security to be released to the applicant within thirty (30) days of the
applicant's submission of the documentation required under
subsection A of this section.
2. Good Faith Effort to Comply. If the WMP Compliance Official
determines that the diversion requirement has not been achieved,
he or she shall determine on a case-by-case basis whether the
applicant has made a good faith effort to comply with this chapter.
In making this determination, the WMP Compliance Official shall
consider the availability of markets for the construction and
demolition debris landfilled, the size of the project, and the
documented efforts of the applicant to divert construction and
demolition debris. If the WMP Compliance Official determines that
the applicant has made a good faith effort to comply with this
chapter, he or she shall release the performance security, or a
percentage thereof, to the applicant within thirty (30) days of the
applicant's submission of the documentation required under
subsection A of this section.
3. Noncompliance. If the WMP Compliance Official determines
that the applicant has not made a good faith effort to comply with
this chapter, or if the applicant fails to submit the documentation
required by subsection A of this section within the required time
period, then the performance security shall be forfeited to the city.
All forfeited performance securities shall be deposited into a special
account and used for the purposes of promoting recycling within the
city. (Ord. 5-00 § 2 (part»
7.30.070 Infeasible exemption.
A. Application. If an applicant for a covered project experiences
unique circumstances that the applicant believes make it infeasible
to comply with the diversion requirement, the applicant may apply
for an exemption at the time that he or she submits the WMP
required under Section 7.30.030 of this chapter. The applicant shall
indicate on the WMP the maximum rate of diversion he or she
believes is feasible for each material and the specific
circumstances that he or she believes make it infeasible to comply
with the diversion requirement.
B. Meeting with WMP Compliance Official. The WMP
Compliance Official shall review the information supplied by the
/p ~ 1b /.let
applicant and may meet with the applicant to discuss possible ways
of meeting the diversion requirement. Upon request of the city, the
WMP Compliance Official may request that staff from the Alameda
County Waste Management Authority attend this meeting or may
require the applicant to request a separate meeting with Alameda
County Waste Management Authority staff. Based on the
information supplied by the applicant and, if applicable, Alameda
County Waste Management Authority staff, the WMP Compliance
Official shall determine whether it is possible for the applicant to
meet the diversion requirement.
C. Granting of Exemption. If the WMP Compliance Official
determines that it is infeasible for the applicant to meet the
diversion requirement due to unique circumstances, he or she shall
determine the maximum feasible diversion rate for each material
and shall indicate this rate on the WMP submitted by the applicant.
The WMP Compliance Official shall return a copy of the WMP to
the applicant marked "approved for infeasible exemption" and shall
notify the Building and Safety Division that the WMP has been
approved.
D. Denial of Exemption. If the WMP Compliance Official
determines that it is possible for the applicant to meet the diversion
requirement, he or she shall so inform the applicant in writing. The
applicant shall have thirty (30) days to resubmit a WMP form in full
compliance with Section 7.30.030 of this chapter. If the applicant
fails to resubmit the WMP, or if the resubmitted WMP does not
comply with Section 7.30.030 of this chapter, the WMP Compliance
Official shall deny the WMP in accordance with Section 7.30.050B
of this chapter. (Ord. 5-00 § 2 (part))
7.30.080 Appeal.
A. Appeals of a determination made under this chapter shall be
made to the City Council pursuant to Section 1.04.050 of this code
and shall be limited to the following issues: (1) the granting or
denial of an exemption; (2) whether the applicant has made a good
faith effort to comply with the WMP, and (3) the amount of security
to be released. (Ord. 5-00 § 2 (part))
7.30.090 Enforcement.
A. Violation of any provision of this chapter may be enforced by
civil action including an action for injunctive relief. In any civil
enforcement action, administrative or judicial, the city shall be
entitled to recover its attorneys' fees and costs from a person who
is determined by a court of competent jurisdiction to have violated
this chapter.
S. Violation of any provision of this chapter shall constitute an
infraction punishable by a fine not to exceed one hundred dollars
l.,3q,~r.Jt
($100) for the first violation, a fine not to exceed two hundred
dollars ($200) for the second violation within one year, and a fine
not to exceed five hundred dollars ($500) for each additional
violation within one year. There shall be a separate infraction for
each day on which a violation occurs. Where the violation is the
failure to achieve the diversion requirement applicable to the project
and the construction and demolition materials from the project have
already been landfilled, the violation shall be deemed to have
ceased after a period of ten (10) days. The city shall recover costs
and attorney's fees incurred in connection with enforcement of this
chapter.
C. Enforcement pursuant to this section shall be undertaken by .
the city through its Community Development Director and the City
Attorney. (Ord. 5-00 § 2 (part))
i.P 'fao f.o .¡..