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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION N0.2000 -8 (1078 ) A RESOLUTION APPROVING A FRANCHISE AGREEMENT FOR SOLID WASTE, RECYCLABLES, AND GREEN WASTE SERVICES BETWEEN THE CITY OF SAN LEANDRO AND ALAMEDA COUNTY INDUSTRIES, INC. RECITALS 1. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 and subsequent additions and amendments (codified at California Public Resources Code Section 40000 et seq.), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions. 2. Pursuant to the San Leandro Charter, San Leandro Municipal Code and California Public Resources Code Section 40059(a), the Council of the City hereby determines that the public health, safety and well-being require that an exclusive franchise be awarded to a qualified solid waste enterprise for solid waste, recycling and green waste services in the City; that it is no longer economically feasible to operate a municipal sanitation service and that it is in the public interest to direct the City's solid waste to operations facilities and destinations that provide maximum resource recovery and that are cost efficient. 3. The San Leandro Municipal Code authorizes the granting of franchises for solid waste, recycling and green waste services. The granting of franchises for solid waste, recycling and green waste services is an exercise of the governmental right and power of the City of San Leandro. 4. Pursuant to the San Leandro Municipal Code and subject to the limited exceptions of the Code, solid waste and residential recycling service is universal and mandatory. 5. Alameda County Industries, Inc., ("ACI") is in the process of acquiring San Leandro Disposal, Inc., ("SLD"} and San Leandro Recycling, Inc., ("SLR"). SLD and SLR currently hold exclusive franchises with the City for commercial rubbish and residential and commercial recycling services respectively. In lieu of separate legislative action to approve the assignment of the SLD and SLR franchises, the City and ACI desire to enter into a comprehensive franchise agreement for all solid waste, recycling and green waste services. 6. A comprehensive franchise agreement between the City of San Leandro and ACI for solid waste, recycling and green waste has been presented to this Council. 7. The City Council is familiar with the contents thereof. 8. The City Manager has recommended the approval of said agreement.