521-6. Granting of Franchises and Permits.
(a) The Board may grant any permit or franchise, or enter into any contract with any person, for the right and privilege of collecting solid waste or source separated materials within the County or any portion thereof, or district, to be fixed by the Board upon such terms and conditions, consistent with this chapter and the Public Resources Code of the State of California, as the Board may deem for the best interests of the County, for such period of time as the Board deems advisable, but not to exceed twenty (20) years.
(1) If, in the opinion of the Board, the public health, safety, and well-being so require, the Board may grant partially or wholly exclusive franchises, either with or without competitive bidding.
(2) The grant of exclusive franchises shall require that the Board of Supervisors call and hold a public hearing, for which hearing publication of notice shall be made by the Board of Supervisors pursuant to Section 6066 of the Government Code. Before granting an exclusive franchise without competitive bidding, the Board shall make specific findings as to why the public health, safety and well-being are best served by proceeding without competitive bidding.
(3) Any person may apply to the Franchise Contract Administrator to obtain a nonexclusive franchise. Nonexclusive franchises shall be granted by the Board of Supervisors, during regularly scheduled public meetings. Nonexclusive franchises shall not require competitive bidding.
(4) Any holder of an exclusive franchise for solid waste collection may obtain a nonexclusive franchise for the collection of source separated materials (recyclables or compostables) by submitting a cost proposal to the Franchise Contract Administrator. Upon approval by the Board of Supervisors, the nonexclusive franchise may be incorporated as part of the exclusive franchise for solid waste collection.
(5) Permits for the operation of source separated collection services offered to the public without charge may be obtained by application to the Franchise Contract Administrator, or other agency as designated by the Board of Supervisors.
(A) Permits shall be granted for a five (5) year period, and shall be renewable every five (5) years.
(B) Permit applicants shall be required to satisfy all applicable provisions of this chapter, with the exception of subsection (b)(1) of this section.
(C) Permits may be modified, based upon substantial changes to operations as described in the initial permit application.
(D) Failure to comply with the terms and conditions of a permit, or the provisions of this chapter, shall be grounds for revocation of a permit.
(E) Denial or revocation of a permit by the permitting agency may be appealed to the Board of Supervisors, by filing a notice of appeal with the Clerk of the Board of Supervisors and with the Franchise Contract Administrator, within fifteen (15) working days of the agency’s denial or revocation. The notice of appeal filed with the Franchise Contract Administrator shall be accompanied by an appeal fee, set by the Board of Supervisors, to cover the costs of processing the appeal. The notice shall specify the grounds upon which the appeal is based. The appeal shall be heard no earlier than twenty (20) days, and no later than forty-five (45) days, after receipt of the notice of appeal, except with the consent of the appellant. If the Board of Supervisors fails to render its decision on the matter within thirty-five (35) days of the conclusion of the hearing, the appeal shall be deemed to be granted.
(1) Any person or firm applying for a franchise to provide refuse or source separated materials collection services within the unincorporated area of Humboldt County shall be required to provide proof that such person or firm has adequate financial resources and experience to properly conduct the operation authorized. The facts needed to establish proof shall include but not be limited to the following:
(A) The filing of a performance bond or equivalent security in an amount designated by the authority of the Board of Supervisors; and
(B) Evidence submitted to the Board of Supervisors and the Franchise Contract Administrator that the person or firm has experience or expertise sufficient to meet the needs of the situation. Such evidence may include, but is not limited to, references from at least two (2) customers, clients or contracting agencies for whom similar services have been provided; and
(2) Any person or firm applying for a franchise or permit to provide refuse or source separated materials collection services within the unincorporated area of Humboldt County must provide evidence that the collection service can and will be operated in a manner adequate to protect and ensure the health and safety of the public and the environment.
(c) Extension and Renewal of Franchises.
(1) Franchises and contracts for the collection of solid waste or of source separated materials may be extended or renewed for additional terms of up to ten (10) years for each such extension, if the Board of Supervisors determines that the public health, safety and well-being so require. No extension or renewal shall be granted unless the following conditions have been met:
(A) At the time of extension or renewal, the services of the existing contract holder are in substantial compliance with the terms and conditions of the franchise or contract.
(B) The Board of Supervisors shall retain the right to modify existing contracts and agreements to allow the County to comply with changing legislative requirements.
(C) The extension is not contrary to State or Federal law.
(2) No extension or renewal of an exclusive franchise or exclusive contract shall be granted for a period in excess of five (5) years unless the Board of Supervisors first holds a public hearing for which publication of notice has been made as provided by Section 6066 of the Government Code. The Board of Supervisors shall be required to make a finding, based on substantial evidence in the record, that extension or renewal in excess of five (5) years is required for the public health, safety and well-being.
(3) Any exclusive franchise or exclusive contract which attains a total term of seventy-five (75) years, including all extensions, shall not be further extended unless the Board of Supervisors first holds a noticed public hearing, and finds, based on substantial evidence in the record, that such extension or renewal beyond the total term of seventy-five (75) years is required for the public health, safety and well-being. (Repealed and reenacted by Ord. 2696, § 2, 6/14/2022)