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Resolution No. 2021-XXX <br />Page 1 of 3 <br />RESOLUTION NO. 2021-XXX <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA <br />ANA APPROVING AN EXCLUSIVE AGREEMENT FOR THE <br />COLLECTION AND HANDLING OF SOLID WASTE <br />WHEREAS, Section 1300 of the Santa Ana City Charter authorizes the City <br />Council to grant utility franchises; and <br />WHEREAS, under Section 1300 of the Charter, the City Council may grant a <br />franchise to any person, form, or corporation, whether operating under an existing <br />franchise or not, and may prescribe the terms and conditions of any such grant; and <br />WHEREAS, the Legislature of the State of California, by enactment of the <br />California Integrated Waste Management Act of 1989 (Public Resources Code section <br />40000 et seq.) established a solid waste management process which requires cities and <br />other local jurisdictions to implement plans for source reduction, reuse and recycling as <br />integrated waste management practices for solid waste attributed to sources within their <br />respective jurisdictions; and <br />WHEREAS, Assembly Bill 341, codified in Public Resources Code sections 42649 <br />through 42649.7, requires any business that generates four cubic yards or more of <br />commercial solid waste per week and multifamily residential dwellings of five units or <br />more to arrange for recycling services, and requires local jurisdictions to implement <br />commercial solid waste recycling programs that may include enforcement provisions that <br />are consistent with the jurisdiction’s authority; and <br />WHEREAS, Assembly Bill 1826 authorizes and requires local jurisdictions, on and <br />after January 1, 2016, to implement an organic waste recycling program to recover <br />organic waste generated by certain commercial premises and multifamily residential <br />dwellings; and <br />WHEREAS, Senate Bill 1383 authorizes and requires local jurisdictions, on and <br />after January 1, 2022, to implement an organics recycling program to recover organic <br />materials from residential and commercial premises; and <br />WHEREAS, Public Resources Code section 40059 authorizes cities to award <br />exclusive franchises for the collection of solid waste, and to determine the procedure by <br />which such franchises will be awarded; and <br />WHEREAS, Public Resources Code section 49300 authorizes cities to award such <br />contracts by resolution; and <br />EXHIBIT 5