NVF:CDW:JLM
1/3/2023
1 T-8544.020.001/1987800
Council Agenda: 1/24/2023
Item No.: 6.3(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE
GRANTING A COMMERCIAL SOLID WASTE AND
RECYCLABLES COLLECTION FRANCHISE TO
REDWOOD DEBRIS BOX SERVICE TRUCKING, INC.
WHEREAS, Redwood Services, Inc., a California stock corporation doing business as Redwood Debris Box Service Trucking, Inc. (“Redwood Services”) has submitted an application to the City of San José for a Commercial Solid Waste and Recyclables Collection Franchise; and
WHEREAS, on January 24, 2023, the San José City Council (“City Council”) held a public hearing to consider said application and to hear all persons desiring to be heard in favor of or in opposition to the granting of a Commercial Solid Waste and Recyclables Collection Franchise to Redwood Services; and
WHEREAS, having considered all oral and documentary evidence presented on the matter of granting such franchise, the City Council has determined that the grant of such franchise to Redwood Services is in the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. The City Council hereby grants a Commercial Solid Waste and Recyclables Collection Franchise to Redwood Services, pursuant to which Redwood Services is authorized to engage in the business of collecting, transporting and disposing of Residential Clean-Out Material and Construction and Demolition Debris (“C&D Debris”) kept, accumulated or produced in the City of San José and to use the public streets and rights of way for such purpose.
NVF:CDW:JLM
1/3/2023
2 T-8544.020.001/1987800
Council Agenda: 1/24/2023
Item No.: 6.3(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SECTION 2. The grant of said Commercial Solid Waste and Recyclables Collection Franchise is expressly subject to the terms and conditions of the City Charter, Chapter
9.10 of the San José Municipal Code, this Ordinance, and the Non-Exclusive Franchise Agreement Between the City of San José and Redwood Services ("Non-Exclusive Franchise Agreement"), as such now exist or as they may hereafter be amended.
SECTION 3. The Commercial Solid Waste and Recyclables Collection Franchise hereby granted to Redwood Services will begin on the effective date of this Ordinance, per Section 605 of the City Charter, and end on June 30, 2023, inclusive. The Director of Environmental Services is authorized to extend the Non-Exclusive Franchise Agreement for up to one (1) one (1)-year term.
SECTION 4. Notwithstanding Section 3 of this Ordinance and notwithstanding any provision of the Non-Exclusive Franchise Agreement, the Commercial Solid Waste and Recyclables Collection Franchise may be terminated or suspended at any time in accordance with Section 9.10.1690 of Chapter 9.10 of the San José Municipal Code.
SECTION 5. Neither the Non-Exclusive Franchise Agreement granted Redwood Services nor this Ordinance authorizes Redwood Services to operate any landfill, recycling facility or other solid waste disposal facility.
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NVF:CDW:JLM
1/3/2023
3 T-8544.020.001/1987800
Council Agenda: 1/24/2023
Item No.: 6.3(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
PASSED FOR PUBLICATION of title this ___ day of ______, 2023 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk