|
Cable
Television Franchise
The Cable Television Franchise is regulated by Gardena Municipal
Code Chapter 5.20 and the corresponding franchise agreement with the
cable television service provider. It is unlawful for any person to
construct, install or operate a cable system in the city within any
public way without a properly granted franchise awarded pursuant to
the provisions of this chapter.
A franchise granted
by the City shall encompass the following purposes:

To permit the grantee to engage in the business of providing cable
service, and
such other
services as may be permitted by law that grantee provides to subscribers
within the
designated service area;

To permit the grantee to erect, install, construct, repair, rebuild,
reconstruct, replace,
maintain,
and retain, cable lines, related electronic equipment, supporting
structures,
appurtenances,
and other property in connection with the operation of the cable
system in,
on, over, under, upon, along and across streets or other public places
within the
designated service area;

To permit the grantee to maintain and operate said franchise properties
for the
origination,
reception, transmission, amplification, and distribution of television
and
radio signals
and for the delivery of cable services, and such other services as
may
be permitted
by law;

To set forth the obligations of the grantee under the franchise.
Any franchise
granted pursuant to this chapter shall be nonexclusive. The grantor
specifically reserves the right to grant, at any time, such additional
franchises for a cable system, as it deems appropriate, subject to
applicable state and federal law, provided that if the grantor grants
an additional franchise, then the material provisions of any such
additional franchise shall be reasonably comparable to the terms and
conditions contained in the initial grantee's franchise, so that all
grantees are accorded competitively neutral and nondiscriminatory
treatment.
Any person desiring
an initial franchise for a cable system shall file an application
with the City. A reasonable nonrefundable initial application fee
established by the City shall accompany the initial franchise application
to cover all validly documented reasonable costs associated with processing
and reviewing the application, including without limitation costs
of administrative review, financial, legal and technical evaluation
of the applicant, consultants (including technical and legal experts
and all costs incurred by such experts), notice and publication requirements
with respect to the consideration of the application and document
preparation expenses. In the event such validly documented reasonable
costs exceed the application fee, the selected applicant(s) shall
pay the difference to the City within thirty days following receipt
of an itemized statement of such costs.
City Related Towing Franchise
The City Related Towing Franchise is regulated by Gardena Municipal
Code Chapter 10.52 and the corresponding franchise agreement with
the towing services provider. No person shall perform towing services
for the City unless such person has obtained a franchise from the
City of Gardena. The City Council may award one or more franchises
for towing services on such terms and conditions as the Council may
establish in its sole discretion.
A franchise is
not required under the following situations: 1) operators performing
towing services for entities or persons other than the City of Gardena;
2) operators performing towing services at the direction of the City
when no franchisee is available or able to perform such services or
cannot provide such services in a timely manner; or 3) an officer
or employee of the city in the course of official duty.
Waste Hauler Franchise
The Waste Hauler Franchise is regulated by Gardena Municipal Code
Chapter 8.20 and the corresponding franchise agreement with a hauler.
The waste hauler franchise gives a hauler the right and privilege:
(1) to make arrangements for the collection of and to collect; (2)
to transport to landfills, transformation facilities or other licensed
solid waste management facilities; and/or (3) to recycle from collected
solid waste and recyclable solid wastes all solid waste, including
recyclable solid waste and green waste, kept, generated and/or accumulated
within the City of Gardena. Any franchise is subject to all of the
provisions and to any right held by any other solid waste enterprise,
which may hold rights pursuant to Public Resources Code Section 49520.
Franchisees are required to:

Cooperate with the City and or designated consultants in solid waste
disposal
characterization
studies and waste stream audits and shall implement measures
adequate to
achieve the City's source reduction, recycling and waste stream
diversion
goals for the solid waste stream.

Submit to the City information and reports necessary for the City
to meet its
reporting
obligations imposed by AB 939 and/or other legislation, and the
regulations
implementing AB 939 and/or other legislation, with respect to the
solid waste
collected by operator in the City.

Submit an annual Source Reduction and Recycling Plan (SRRP) that is
exclusive
to the City.
Each SRRP will be reviewed in detail to ensure that it meets the
state-mandated
requirements as established by AB 939 or other legislative
requirements.
The SRRP should examine in detail how the operator will accomplish
these goals.
The SRRP must include but is not limited to: (1) targeted materials
including
special wastes for source reduction, recycling and composting; (2)
hazardous
waste exclusion plan; (3) diversion methods; (4) reporting methodology;
(5) contingency
plans; and (6) methods for the handling of white goods including
CFC removal,
PCB removal and compliance with the requirements of Public
Resources
Code Sections 42160-42185.

Inspect solid waste put out for collection and reject solid waste
observed to be
contaminated
with hazardous substances. The franchisee is also required to
notify all
agencies with jurisdiction, if appropriate, including the California
Department
of Toxic Substances Control and Local Emergency Response Providers
and the National
Response Center, of reportable quantities of hazardous waste,
found or observed
in commercial solid waste anywhere within the City. In addition
to other required
notifications, if the franchisee observes any substances which it
or its employees
reasonably believe or suspect to contain hazardous wastes
unlawfully
disposed of or released on any City property, including storm drains,
streets or
other public rights-of-way, operator will immediately notify the City
Manager.

Maintain records showing the types and quantities, if any, of hazardous
waste
found in solid
waste, which was inadvertently collected from solid waste service
recipients
within the City, but diverted from land filling.

The Franchisee is required to prepare and follow a C&D Waste Diversion
Plan
that identifies
the activities conducted during the course of the construction
and/or demolition
project to assure conformance with the City's requirement that
50% of regulated
C&D Wastes must be diverted.
.
|