ORDINANCE NO. 2771-04

 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE EXTENDING THE TERM OF THE FRANCHISE WITH BAY COUNTIES WASTE SERVICES, INC. FOR THE COLLECTION OF SOLID WASTE, AS ADOPTED AND RESTATED BY ORDINANCE 2572-97

          WHEREAS, Bay Counties Waste Services, Inc. (formerly named Specialty Solid Waste & Recycling, Inc.) entered into a franchise agreement with the City of Sunnyvale for the collection of solid waste in 1990,  for a term of ten years, to run July 1, 1991 through June 30, 2001; and

          WHEREAS, the franchise agreement subsequently was amended a number of times, which resulted in an extension of the term of the agreement to a 20 year period, to expire on June 30, 2011.  These amendments were incorporated into an overall restated franchise agreement adopted by ordinance no. 2572-97; and

          WHEREAS, on November 11, 2003, the City Council approved a proposal by Bay Counties Waste Services, Inc. to extend the term of the franchise agreement for a total of 27 years, to expire on June 30, 2018, upon certain conditions; and

          WHEREAS, staff has complied with City Council direction and has negotiated an updated franchise agreement; and

          WHEREAS, Article XVI of the Charter of the City of Sunnyvale, concerning franchises, provides that substantive grants, renewals and amendments of franchises be done by ordinance.

          NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

          SECTION 1.  FRANCHISE EXTENDED.  The Council hereby approves and incorporates by reference the “Extended and Restated Agreement Between City of Sunnyvale and Bay Counties Waste Services, Inc. for Solid Waste Collection and Recycling” (Attachment A) extending the term of the franchise agreement to 27 years with an expiration date ofJune 30, 2018; and the City Council hereby authorizes the execution and attestation by the City Manager and City Clerk.

          SECTION 2.  EXEMPTION FROM CEQA.  The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.  The Council therefore directs that a Notice of Exemption be filed with the Santa Clara County Clerk in accordance with the Sunnyvale Guidelines for the implementation of CEQA.

          SECTION 3.  EFFECTIVE DATE.  This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

          SECTION 4.   POSTING AND PUBLICATION.  The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

          Introduced at a regular meeting of the City Council held on December 14, 2004, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on ______________, by the following vote:

(SEAL)