COLLECTION FRANCHISE

COUNCIL DISTRICT: City-Wide

RECOMMENDATION

Approval of an ordinance granting a Commercial Solid Waste and Recyclables Collection Franchise to Recycling and Waste Services, Inc (RWS) and approval of the corresponding franchise agreement.

BACKGROUND

At the June 24, 2003 Council Meeting, the Council held a public hearing on the Commercial Solid Waste and Recyclables Collection Franchise application of Waste and Recycling Services, Inc., and directed staff to process the application and to come forward with an ordinance on August 12, 2003 conditioned upon receiving complete franchise application information including, but not limited to, the list of vehicles.

ANALYSIS

On June 25, 2003, per Council direction, the Environmental Services Department (ESD) sent Waste and Recycling Services, Inc. (WRS) a letter requesting that the following information be submitted:

· Submit truck numbers, vehicle identification numbers, and license plate numbers for all of the collection vehicles that will be used as part of this franchise;

· Submit an updated Business Tax Certificate. The name on the Business Tax Certificate that was submitted was inconsistent with the company name on the Franchise Application;

· Submit an updated Insurance Certificate. The company name identified on the certificate that was submitted does not match what was provided on the franchise application.

Additionally, the levels of insurance that were submitted did not meet the insurance requirements for the Commercial Solid Waste and Recyclables Collection Franchise.

As part of their response to the City, WRS further clarified that the name that they will be doing business under is Recycling and Waste Services, Inc. Until this clarification occurred, the previous franchise application had indicated a different name.

As of the date of this memorandum, RWS has submitted all the required information for a complete application.

PUBLIC OUTREACH

The applicant was sent a letter dated June 25, 2003 requesting the above referenced information.

COORDINATION

This memorandum was coordinated with the Office of the City Attorney.

COST IMPLICATIONS

Recycling and Waste Services, Inc. has paid the $195 application fee as required by San Jose Municipal Code 9.10.1670. This recommendation is consistent with the Mayor's budget strategy to the extent that granting a franchise will foster competition, provide jobs, and deliver services to the community.

BUDGET REFERENCE

Not applicable

CEQA

Negative Declaration, File No. PP92-11-308.

CARL W. MOSHER

Director, Environmental Services Department