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06/27/2005 ORIGINAL ORDINANCE NO. 2280 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY ADOPTING THE AMENDED AND RESTATED FRANCHISE AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC. ("BFI") FOR SOLID WASTE, RECYCLABLE MATERIALS, COMMERCIAL ORGANIC MATERIALS, AND PLANT MATERIALS COLLECTION SERVICES WHEREAS, the Legislature of the State of California, by enactment of the Act of 1989 (Act) (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 handling within their jurisdiction; and WHEREAS, the State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from land filling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of the Act, directed the responsible state agency, and all local agencies, to promote landfill diversion and to maximize the use of feasible waste reduction, Recycling and composting options in order to reduce the amount of Solid Waste that must be disposed of in landfills; and WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City has determined that the public health, safety, and well-being require that a franchise agreement be awarded to a qualified contractor for the Collection of Solid Waste, Recyclable Materials, and Plant Materials, and other services related to meeting the diversion goals, and other requirements of the California Act; and WHEREAS, the Agreement (Original Agreement) dated September 9, 1999 approved by the City Council November 8, 1999, effective March 1, 2000; will expire December 31, 2006; and WHEREAS, on June 12, 2000, the City Council adopted by Ordinance No. 2192 the First Supplemental Agreement to the Agreement (the "First Amendment") to expand the collection of plant materials to include service to non-residential properties; and WHEREAS, on June 26, 2000, the City Council directed the City's South Bayside Waste Management Authority (SBWMA) Board Representative to vote to request BFI to provide changes in solid waste and recycling collection to same day residential Atty/OrdiOrd.235 060105 1 2280 Muff # 803 II