Agenda packet — Baldwin Park City Council, June 21, 2023 (part 2 of 3)

and programs/project to benefit the residents and the community. Details of the programs / projects will be presented during the June 21st City Council meeting.

The City will continue to take a balanced and conservative approach in managing expenditures, as well as seeking other sources of revenue to maintain a healthy reserve balance for contingencies. Staff will continue to monitor appropriations and expenditures closely and will keep the Mayor and City Council apprised of any significant changes that will impact the budget.

ALTERNATIVES
In the event the budget is not adopted by July 1, 2023, staff is recommending that the City Council approve Continuing Appropriation Resolution Nos. 2023-021; FA 2023-002; MFA 2023-002; HA 2023- 004; and SA 2023-002, which will allow the City to operate with the prior fiscal year’s budget until a new budget is adopted. This will allow the City to continue providing vital services to the community but does not allow for spending for any new program, including new capital expenditures, until such time as a new budget is adopted by the City Council.

LEGAL REVIEW
This report and resolutions have been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Budget Resolution Nos. 2023-018; FA 2023-002; MFA 2023-001; HA 2023-003; and SA 2023- 001

2. Continuing Appropriation Resolution Nos. 2023- 021; FA 2023- 002; MFA 2023 -002; HA 2023- 004; and SA 2023-002

3. FY2023-24 Proposed Budget (Summary). The proposed line- item budget will be available on the City’s website by June 15, 2023.

4. FY2023-24 Projected Fund Balance.

5. FY2023-24 Proposed General Fund Reserve Bar Chart

Attachment 1
RESOLUTION NO. 2023-018

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN

PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL
YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. That the Budget for the City of Baldwin Park for the fiscal year commencing July 1, 2023 and ending June 30, 2024, is hereby adopted as prepared and submitted by the Chief Executive Officer and Director of Finance and as modified by the City Council for said fiscal year. A Budget is attached to this Resolution for adoption as presented.

SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several departments, offices, and agencies for the respective objects and purposes therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable ordinances of the City and statutes of the State.

SECTION 3. That the authority granted for making expenditures from other than the General Fund shall be limited to the actual amount of money received from the source of funds indicated in the Budget for each department, section, or purpose, and no liability upon the General Fund is assumed or can be imposed in excess of such amounts as may be provided therefore in this Budget from the General Fund. In the event that the amounts of money received and credited to the special funds exceed the amount herein estimated, such excess receipts shall be considered deferred allocations in such special funds, contingent upon such receipt and no expenditure thereof made except under the provisions as provided by law or ordinance.

SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner:

(A) That at any meeting after adoption of the budget, total appropriations may be amended by the City Council by a majority vote of a quorum of the City Council.

(B) For transfers of appropriations within the same cost center program, such transfers in an amount less than $10,000 may be approved by the department head, and such transfers up to $15,000 may be approved by the Chief

Attachment 1 (Continued)
Executive Officer. For amounts greater than $15,000, City Council approval is required.

(C) Transfers up to $15,000 between cost center programs may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required.

(D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund.

(E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the City Council by a majority vote of a quorum of the City Council.

(F) All transfers made pursuant to the above provisions shall be submitted to the City Council for informational purposes.

SECTION 5. That this Resolution shall become effective July 1, 2023.

SECTION 6. That the City Clerk shall certify to the adoption of this Resolution.

Attachment 1 (Continued)
APPROVED AND ADOPTED this 21st day of June 2023.

EMMANUEL J. ESTRADA
MAYOR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2023-018 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on June 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________

CHRISTOPHER SAENZ

CITY CLERK

Resolution No. FA 2023-002

Page 1 of 2 ends

RESOLUTION NO. FA 2023-001

A RESOLUTION OF THE FINANCING AUTHORITY OF THE

CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE
AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1,
2023 AND ENDING JUNE 30, 2024

NOW THEREFORE, THE FINANCING AUTHORITY BOARD MEMBERS OF THE

CITY OF BALDWIN PARK DO ES HEREBY RESOLVE AND ORDER AS
FOLLOWS:

SECTION 1. That the Budget for the Financing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2023 and ending June 30, 2024, is hereby adopted as prepared and submitted by the Executive Director of the Financing Authority and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented.

SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State.

SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget.

SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner:

(A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board.

(B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required.

(C) Transfers up to $15,000 between line items may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required.

(D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund.

Resolution No. FA 2023-002

Page 2 of 2 ends

(E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the Authority Board by a majority vote of a quorum of the Authority Board.

(F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes.

SECTION 5. That this Resolution shall become effective July 1, 2023.

SECTION 6. That the City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 21st day of June 2023.

EMMANUEL J. ESTRADA
CHAIR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. FA 2023-001 was duly and regularly approved and adopted by the Members of the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on June 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CHRISTOPHER SAENZ

CITY CLERK

None

Resolution MFA 2023-001

Page 1 of 2 ends

RESOLUTION NO. MFA 2023-001

A RESOLUTION OF THE MUNICIPAL FINANCING

AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING

THE BUDGET OF THE AUTHORITY FOR THE FI SCAL YEAR
COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024

THE MUNICIPAL FINANCING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. That the Budget for the Municipal Financing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2023 and ending June 30, 2024, is hereby adopted as prepared and submitted by the Executive Director of the Municipal Financing Authority and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented.

SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State.

SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner:

(A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board M embers by a majority vote of a quorum of the Authority Board.

(C) Transfers up to $15,000 between line items may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required.

(D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund.

Resolution MFA 2023-001

Page 2 of 2 ends

(F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes.

SECTION 5. That this Resolution shall become effective July 1, 2023.

SECTION 6. That the City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 21st day of June 2023.

EMMANUEL J. ESTRADA
CHAIR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. MFA 2023-001 was duly and regularly approved and adopted by the Members of the Municipal Financing Authority of the City of Baldwin Park at a regular meeting of the Municipal Financing Authority on June 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CHRISTOPHER SAENZ

CITY CLERK

None

Resolution No. HA 2023-003

Page 1 of 2 ends

RESOLUTION NO. HA 2023-003

A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY

OF BALDWIN PARK ADOPTING THE BUDGET OF THE
AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1,
2023 AND ENDING JUNE 30, 2024

THE HOUSING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. That the Budget for the Housing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2023 and ending June 30, 2024, is hereby adopted as prepared and submitted by the Executive Director of the Housing Authority and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented.

SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State.

SECTION 4. That amounts appropr iated to any account for any object or purpose may be transferred in the following manner:

(A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board.

(C) Transfers up to $15,000 between line items may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required.

(D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund.

Resolution No. HA 2023-003

Page 2 of 2 ends

(F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes.

SECTION 5. That this Resolution shall become effective July 1, 2023.

SECTION 6. That the City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 21st day of June 2023.

EMMANUEL J. ESTRADA
CHAIR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. HA 2023-003 was duly and regularly approved and adopted by the Members of the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on Ju ne 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CHRISTOPHER SAENZ

CITY CLERK

Resolution No. SA 2023-001

Page 1 of 3 ends

RESOLUTION NO. SA 2023-001

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE

DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF

THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF

THE AUTHORITY FOR THE FI SCAL YEAR COMMENCING
JULY 1, 2023 AND ENDING JUNE 30, 2024

THE SUCCESSOR AGENCY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DOES HEREBY AS RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. That the Budget for the Successor Agency of the City of Baldwin Park for the fiscal year commencing July 1, 2023 and ending June 30, 2024, is hereby adopted as prepared and submitted by the Executive Director of the Successor Agency and as modified by the Agency Board for said fiscal year. A Budget is attached to this resolution for adoption as presented.

SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State.

SECTION 3. That the Authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget.

SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner:

(A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board.

(C) Transfers up to $15,000 between line items may be approved by the Executive Director. For amounts greater than $15,000, Agency Board approval is required.

(D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund.

Resolution No. SA 2023-001

Page 2 of 3 ends

(E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the Agency Board by a majority vote of a quorum of the Agency Board.

(F) All transfers made pursuant to the above provisions shall be submitted to the Agency Board for informational purposes.

SECTION 5. That this Resolution shall become effective July 1, 2023.

SECTION 6. That the Secretary shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 21st day of June 2023.

EMMANUEL J. ESTRADA
CHAIR

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ , Secretary of the Successor Agency of the City of Baldwin Park, do hereby certify that the foregoing Resolution No . SA 2023-001 was duly and regularly approved and adopted by the Members of the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on June 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CHRISTOPHER SAENZ

SECRETARY
None
Resolution No. SA 2023-001

Page 3 of 3 ends

Attachment 2

RESOLUTION NO. 2023-021

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN

PARK, COUNTY OF LOS ANGELES, STAT E OF CALIFORNIA

AUTHORIZING A CONTINUING APPROPRIATION FOR THE
TEMPORARY USE OF THE 20 22-23 BUDGET FOR FISCAL YEAR
2023-24 PENDING FINAL APPROVAL OF THE 2023-24 BUDGET

WHEREAS, the City needs an operating budget to function financially, and

WHEREAS, the City desires to continue making payments in a timely basis with proper authorization established, and

WHEREAS, the City Council has a properly approved budget for fiscal year 2022-

23. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

Section 1. The City adopts as a temporary measure the f iscal year 2022-23 budget as its budget for fiscal year 2023-24.

Section 2. The Chief Executive Officer is hereby directed and authorized to take any and all necessary actions to implement this budget.

Section 3. The Mayor or presiding officer of the Baldwin Park City Council is hereby authorized to execute this resolution indicating its adoption by the City Council.

Section 4. That this Resolution shall become effective retroactively as of July 1, 2023.

Section 5. The City Clerk, or her duly appointed Deputy, is directed to attest thereto.

Attachment 2 (Continued)
PASSED, APPROVED AND ADOPTED on this 21st day of June 2023.

Emmanuel J. Estrada, Mayor

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2023-021 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________

CHRISTOPHER SAENZ

CITY CLERK

Attachment 2 (Continued)

RESOLUTION NO. FA 2023-002

A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF

BALDWIN PARK, COUNTY OF LOS ANGELES, STAT E OF

CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR
THE TEMPORARY USE OF THE 20 22-23 BUDGET FOR FISCAL
YEAR 2023-24 PENDING FINAL APPROVAL OF THE 20 23-24
BUDGET

WHEREAS, the Financing Authority needs an operating budget to function financially, and

WHEREAS, the Financing Authority desires to continue making payments in a timely basis with proper authorization established, and

WHEREAS, the Financing Authority has a properly approved budget for fiscal year 2022-23.

NOW, THEREFORE BE IT RESOLVED BY THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK DOES HEREBY AND ORDER AS FOLLOWS:

Section 1. The Financing Authority adopts as a temporary measure the fiscal year 2022-23 budget as its budget for fiscal year 2023-24.

Section 2. The Financing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget.

Section 3. The Chair or presiding officer of the Financing Authority is hereby authorized to execute this resolution indicating its adoption by the Financing Authority.

Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto.

Attachment 2 (Continued)
PASSED, APPROVED AND ADOPTED on this 21st day of June 2023.

Emmanuel J. Estrada, Chair

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. FA 2023-002 was duly and regularly approved and adopted by the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on June 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________

CHRISTOPHER SAENZ

CITY CLERK

Attachment 2 (Continued)

RESOLUTION NO. MFA 2023-002

A RESOLUTION OF THE MUNICIPAL FINANCING AUTHORITY OF

THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE

OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION
FOR THE TEMPORARY USE OF THE 2022-23 BUDGET FOR FISCAL
YEAR 2023-24 PENDING FINAL APPROVAL OF THE 2023 -24
BUDGET

WHEREAS, the Municipal Financing Authority needs an operating budget to function financially, and

WHEREAS, the Municipal Financing Authority desires to continue making payments in a timely basis with proper authorization established, and

WHEREAS, the Municipal Financing Authority has a properly approved budget for fiscal year 2022-23.

NOW THEREFORE THE MUNICIPAL FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

Section 1. The Municipal Financing Authority adopts as a temporary measure the fiscal year 2022-23 budget as its budget for fiscal year 2023-24.

Section 2. The Municipal Financing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget.

Section 3. The Chair or presiding officer of the Municipal Financing Authority is hereby authorized to execute this resolution indicating its adoption by the Municipal Financing Authority.

Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto.

Attachment 2 (Continued)
PASSED, APPROVED AND ADOPTED on this 21st day of June 2023.

Emmanuel J. Estrada, Chair

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. MFA 2023-002 was duly and regularly approved and adopted by the Municipal Financing Authority of the City of Baldwin Park at a regular meeting of the Municipal Financing Authority on June 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________

CHRISTOPHER SAENZ

CITY CLERK

Attachment 2 (Continued)

RESOLUTION NO. HA 2023-004

A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF

BALDWIN PARK, COUNTY OF LOS ANGELES, STAT E OF

CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR
THE TEMPORARY USE OF THE 20 22-23 BUDGET FOR FISCAL
YEAR 2023-24 PENDING FINAL APPROVAL OF THE 2023 -24
BUDGET

WHEREAS, the Housing Authority needs an operating budget to function financially, and

WHEREAS, the Housing Authority desires to continue making payments in a timely basis with proper authorization established, and

WHEREAS, the Housing Authority has a properly approved budget for fiscal year 2022-23.

NOW THEREFORE, THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

Section 1. The Housing Authority adopts as a temporary measure the fiscal year 2022-23 budget as its budget for fiscal year 2023-24.

Section 2. The Housing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget.

Section 3. The Chair or presiding officer of the Housing Authority is hereby authorized to execute this resolution indicating its adoption by the Housing Authority.

Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto.

Attachment 2 (Continued)
PASSED, APPROVED AND ADOPTED on this 21st day of June 2023.

Emmanuel J. Estrada, Chair

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. HA 2023-004 was duly and regularly approved and adopted by the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on June 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________

CHRISTOPHER SAENZ

CITY CLERK

Attachment 2 (Continued)

RESOLUTION NO. SA 2023-002

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED

COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF

BALDWIN PARK, COUNTY OF LOS ANGELES, STAT E OF

CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR
THE TEMPORARY USE OF THE 2022-23 BUDGET FOR FISCAL YEAR 2023-24 PENDING FINAL APPROVAL OF THE 2023-24 BUDGET

WHEREAS, the Successor Agency needs an operating budget to function financially, and

WHEREAS, the Successor Agency desires to continue making payments in a timely basis with proper authorization established, and

WHEREAS, the Successor Agency has a properly approved budget for fiscal year 2022-23.

NOW, THEREFORE THE SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

Section 1. The Successor Agency adopts as a temporary measure the fiscal year 2022-23 budget as its budget for fiscal year 2023-24.

Section 2. The Successor Agency Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget.

Section 3. The Chair or presiding officer of the Successor Agency is hereby authorized to execute this resolution indicating its adoption by the Successor Agency.

Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto.

Attachment 2 (Continued)
PASSED, APPROVED AND ADOPTED on this 21st day of June 2023.

Emmanuel J. Estrada, Chair

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.

CITY OF BALDWIN PARK

I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. SA 2023-002 was duly and regularly approved and adopted by the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on June 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________

CHRISTOPHER SAENZ

CITY CLERK

Fund Fund Description
FY 2024
Proposed
Revenues
FY 2024
Proposed
Expenditures
Surplus /
(Deficit)
General Fund:
100 General Fund* 36,532,488 36,425,577 106,911 110 Measure BP Sales Tax (TUT) 6,000,000 - 6,000,000 200 Future Development Fund** 44,360 1,746,145 (1,701,785) 210 Community Enhancement Fund** 100,000 - 100,000 Subtotal - General Fund 42,676,848 $ 38,171,722 $ 4,505,126 $ Internal Services Funds:
401 Information and Support Services 834,013 1,284,013 (450,000) 402 Fleet Services 550,045 1,150,045 (600,000) 403 Internal Insurance 5,066,770 5,066,770 - Subtotal - Internal Services Funds 6,450,828 $ 7,500,828 $ (1,050,000) $ Special (Restricted) Funds:
205 Federal Asset Forfeiture - 57,043 (57,043) 206 State Asset Forfeiture - 49,000 (49,000) 208 Law Enforcement Development Impact 20,600 - 20,600 220 Community Development Block Grant 1,990,274 1,989,238 1,036 221 H.O.M.E. (Home Investment Partnership Program) 3,319,758 3,312,809 6,948 222 CAL Home 100 - 100 230 AB1693 Business Improvement Fees 135,200 152,181 (16,981) 231 Air Quality Management 188,000 197,548 (9,548) 234 Park Fees (Quimby Act) 205,000 1,364,752 (1,159,752) 235 General Plan Fees 192,382 331,494 (139,113) 236 Public Art Fees 33,000 - 33,000 237 Cannabis Fees 450,000 450,000 - 240 Gasoline Tax 2,036,726 2,039,379 (2,653) 241 Surface Transportation Program - 1,000,000 (1,000,000) 243 Bicycle and Pedestrian Safety 82,901 - 82,901 244 Proposition A 2,264,186 2,143,552 120,634 245 Proposition C 1,708,584 2,285,464 (576,880) 246 AB939 Integrated Waste Management 643,000 566,295 76,705 247 Oil Recycling Grant 10,000 17,498 (7,498) 249 Storm Drains NPDS 175,100 173,415 1,685 250 Assessment District 14,630 - 14,630 251 Street Lighting and Landscape 1,792,200 2,331,776 (539,576) 252 Parks Maintenance Assessment District 993,485 993,485 - 253 Proposition A - Parks 60 - 60 254 Measure R Local Return 1,280,938 1,169,790 111,148 255 Measure M 2,401,797 1,934,602 467,195 256 SB1 Road Repair & Accountability 1,789,266 2,547,401 (758,135) 257 Traffic Mitigation Fees 1,600 - 1,600 258 Measure W 5,575,690 2,806,151 2,769,539 270 Grants Fund 14,265,418 13,874,389 391,029 271 Police Grants Fund 71,200 70,000 1,200 275 American Rescue Plan Act 10,000 13,541,518 (13,531,518) 280 Cooperative Agreements Contributions 15,000 15,000 - 450 BPROUD Utility District - 50,000 (50,000) Subtotal Special Funds 41,666,095 $ 55,463,780 $ (13,797,686) $ TOTAL GENERAL, INTERNAL SERV., & SPECIAL FUNDS: 90,793,770$ 101,136,330 $ (10,342,560) $ City of Baldwin Park
Fiscal Year 2023-2024 Proposed Budget
Attachment 3
Fund Fund Description
FY 2024
Proposed
Revenues
FY 2024
Proposed
Expenditures
Surplus /
(Deficit)
City of Baldwin Park
Fiscal Year 2023-2024 Proposed Budget
Financing Authority Funds:
610 COP Lease Payment 588,346 588,346 - 651 Pension Obligation Bond 2019 3,844,972 3,844,972 - 660 Measure M Rev Bond 592,169 1,547,169 (955,000) Subtotal Financing Authority Funds 5,025,487 $ 5,980,487 $ (955,000) $ Successor Agency Funds:

Capital Projects
806 Sierra Vista Capital Project 107,428 107,428 - Subtotal Capital Projects 107,428 $ 107,428 $ - $ Debt Service
838 BP Merged 2017 Refinance 1,090,263 1,080,842 9,421 Subtotal Debt Service 1,090,263 $ 1,080,842 $ 9,421 $ Low/Mod Housing
890 Low/Mod Income Housing 272,399 911,036 (638,637) Subtotal Low/Mod Housing 272,399 $ 911,036 $ (638,637) $ TOTAL SUCCESSOR AGENCY FUNDS: 1,470,090$ 2,099,306 $ (629,217) $ Housing Authority:
901 Housing Voucher Choice 7,269,524 7,355,996 (86,472) 902 Housing Authority American Rescue Plan Act 249,133 34,317 214,816 905 Public Housing 109,599 183,102 (73,503) 910 CIAP 30,825 30,825 - Subtotal Housing Authority Funds 7,659,081 $ 7,604,240 $ 54,841 $ COMBINED GRAND TOTAL - ALL FUNDS 104,948,428 $ 116,820,364 $ (11,871,936) $ 13,186,051$ * The Projected General Fund Reserve Balance at June 30, 2024 is:
** The Future Development Fund and Community Enhancement Fund were merged with the General Fund. However, these funds are committed for future / special projects pending City Council approval.

Attachment 3
Projected 2024 2024 2024 2024 Projected
Fund Balance Proposed Proposed Proposed Proposed Fund Balance Fund Fund Description 06/30/2023 Revenues Transfers In Expenditures Transfers Out 06/30/2024 General Fund:
100 General Fund* 40,135,621 36,018,488 514,000 35,712,546 713,031 40,242,532 110 Measure BP Sales Tax (TUT) - 6,000,000 - - - 6,000,000 200 Future Development Fund** 5,619,518 44,360 - 1,746,145 - 3,917,733 210 Community Enhancement Fund** 315,029 100,000 - - - 415,029 Subtotal - General Fund 46,070,168 $ 42,162,848 $ 514,000 $ 37,458,691$ 713,031 $ 50,575,293$ Internal Services Funds:
401 Information and Support Services 507,365 834,013 - 1,284,013 - 57,365 402 Fleet Services 663,135 550,045 - 1,150,045 - 63,135 403 Internal Insurance (7,088,381) 5,066,770 - 5,066,770 - (7,088,381) 404 Capital Equipment 2,680 - - - - 2,680 Subtotal - Internal Services Funds (5,915,202) $ 6,450,828 $ - $ 7,500,828$ - $ (6,965,202)$ Special (Restricted) Funds:
205 Federal Asset Forfeiture 81,615 - - 57,043 - 24,573 206 State Asset Forfeiture 54,783 - - 49,000 - 5,783 207 Local Law Enforcement Block Grant 15,288 - - - - 15,288 208 Law Enforcement Development Impact 79,293 20,600 - - - 99,893 209 AB74 Public Safety Enhancement 150,355 - - - - 150,355 220 Community Development Block Grant 94,871 1,990,274 - 1,989,238 - 95,907 221 H.O.M.E. (Home Investment Partnership Program) 6,809,476 3,319,758 - 3,312,809 - 6,816,425 222 CAL Home 157,950 100 - - - 158,050 230 AB1693 Business Improvement Fees 19,908 135,200 - 152,181 - 2,927 231 Air Quality Management 181,868 188,000 - 197,548 - 172,320 232 Residential Development Fee 4 - - - - 4 233 Economic Development Grant 542 - - - - 542 234 Park Fees (Quimby Act) 1,882,663 205,000 - 1,364,752 - 722,911 235 General Plan Fees 512,893 162,000 30,382 331,494 - 373,781 236 Public Art Fees 487,226 33,000 - - - 520,226 237 Cannabis Fees 71,358 450,000 - 206,000 244,000 71,358 240 Gasoline Tax 146,801 2,036,726 - 2,039,379 - 144,148 241 Surface Transportation Program 926,013 - - 1,000,000 - (73,987) 243 Bicycle and Pedestrian Safety 1 82,901 - - - 82,902 244 Proposition A 475,140 2,264,186 - 2,143,552 - 595,774 245 Proposition C 1,516,154 1,708,584 - 2,285,464 - 939,274 246 AB939 Integrated Waste Management (66,010) 643,000 - 566,295 - 10,695 247 Oil Recycling Grant 4,449 10,000 - 17,498 - (3,049) 249 Storm Drains NPDS 110,095 175,100 - 173,415 - 111,780 250 Assessment District 407,872 14,630 - - - 422,502 251 Street Lighting and Landscape 353,081 1,792,200 - 2,331,776 - (186,495) 252 Parks Maintenance Assessment District 69,003 868,800 124,685 993,485 - 69,003 253 Proposition A - Parks 0 60 - - - 60 254 Measure R Local Return 1,106,315 1,280,938 - 1,169,790 - 1,217,462 255 Measure M 447,691 1,446,797 955,000 1,342,433 592,169 914,886 256 SB1 Road Repair & Accountability 1,982,368 1,789,266 - 2,547,401 - 1,224,233 257 Traffic Mitigation Fees 1,924 1,600 - - - 3,524 258 Measure W 11,553,220 5,575,690 - 2,806,151 - 14,322,759 259 Measure H 26,376 - - - - 26,376 City of Baldwin Park
Fiscal Year 2023-2024 Projected Fund Balance
Attachment 4
Projected 2024 2024 2024 2024 Projected
Fund Balance Proposed Proposed Proposed Proposed Fund Balance Fund Fund Description 06/30/2023 Revenues Transfers In Expenditures Transfers Out 06/30/2024 270 Grants Fund 90 14,265,418 - 13,844,008 30,382 391,119 271 Police Grants Fund 7,303 71,200 - 70,000 - 8,502 275 American Rescue Plan Act 16,163,101 10,000 - 13,271,518 270,000 2,631,582 280 Cooperative Agreements Contributions 31,265 15,000 - 15,000 - 31,265 301 Building Reserve 9,976 - - - - 9,976 450 BPROUD Utility District 281,867 - - 50,000 - 231,867 Subtotal Special Funds 46,154,188 $ 40,556,028 $ 1,110,067 $ 54,327,230 $ 1,136,550 $ 32,356,503 $ TOTAL GENERAL, INTERNAL SRV & SPECIAL FUNDS: 86,309,155$ 89,169,703 $ 1,624,067 $ 99,286,749 $ 1,849,581 $ 75,966,594 $ Financing Authority Funds:
601 Debt Service 36,030 - - - - 36,030 610 COP Lease Payment 124,926 - 588,346 588,346 - 124,926 625 Gas Tax Debt Service 7 - - - - 7 635 BPFA/PM 2003 Tax Alloc 32,774 - - - - 32,774 637 BPFA/CBD 1990 Refunding Loan 142 - - - - 142 650 Pension Obligation Bond 3,322 - - - - 3,322 651 Pension Obligation Bond 2019 359,608 3,844,972 - 3,844,972 - 359,608 660 Measure M Rev Bond 3,532,157 - 592,169 592,169 955,000 2,577,157 Subtotal Financing Authority Funds 4,088,967 $ 3,844,972 $ 1,180,514 $ 5,025,487 $ 955,000 $ 3,133,967 $ Successor Agency Funds:
800 RDA Obligation Retirement - $ - $ - $ - $ - $ - $ Capital Projects
806 Sierra Vista Capital Project 1,851,395 - 107,428 107,428 - 1,851,395 Subtotal Capital Projects 1,851,395 $ - $ 107,428$ 107,428 $ - $ 1,851,395$ Debt Service
838 BP Merged 2000 Refinance 41,636 1,090,263 - 973,414 107,428 51,057 Subtotal Debt Service 41,636 $ 1,090,263$ - $ 973,414$ 107,428 $ 51,057 $ Low/Mod Housing
890 Low/Mod Income Housing 12,128,159 272,399 - 911,036 - 11,489,522 Subtotal Low/Mod Housing 12,128,159 $ 272,399 $ - $ 911,036$ - $ 11,489,522$ TOTAL SUCCESSOR AGENCY FUNDS: 14,021,190 $ 1,362,662 $ 107,428 $ 1,991,878 $ 107,428 $ 13,391,973$ Housing Authority:
901 Housing Voucher Choice 327,106 7,269,524 - 7,355,996 - 240,634 902 Housing Authority American Rescue Plan Act 73,914 249,133 - 34,317 - 288,729 905 Public Housing 361,833 78,774 30,825 183,102 - 288,330 910 CIAP - 30,825 - - 30,825 - Subtotal Housing Authority Funds 762,853 $ 7,628,256 $ 30,825 $ 7,573,415$ 30,825 $ 817,694 $ COMBINED GRAND TOTAL - ALL FUNDS 105,182,164 $ 102,005,593 $ 2,942,835 $ 113,877,529$ 2,942,835 $ 93,310,228 $ $ 13,186,051 * The Projected General Fund Reserve Balance at June 30, 2024 is:
** The Future Development Fund and Community Enhancement Fund were merged with the General Fund. However, these funds are committed for future / special projects pending City Council approval.

Attachment 4
General Fund Reserve Bar Chart -- Fiscal Year 2023-24 Projected $0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
2015 2016 2017 2018 2019 2020 2021 2022
Unaudited
2023
Projected
2024
Projected
$8,237,796
$7,572,817
$7,090,375
$8,484,704
$9,409,180
$9,730,683
$10,465,582
$13,199,914 $13,079,140 $13,186,051
Note: This table does not include the Future Development Fund or Community Enhancement Fund.

Attachment 5

STAFF REPORT
ITEM NO. ______16____

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: June 21, 2023
SUBJECT: Approval of First Amendment to Amended & Restated Exclusive Franchise Agreement for Provision of Solid
Waste Handling Services

SUMMARY

The purpose of this report is to consider and approve the First Amendment to the Amended & Restated Exclusive Franchise Agreement for Provision of Solid Waste Handling Services and authorize the Mayor to sign and execute this agreement. The City of Baldwin Park has an exclusive franchise agreement with Waste Management (WM) to collect, dispose, recycle, and process all solid waste (refuse, recyclable materials, and organic waste) generated in the City of Baldwin Park. The current agreement expires June 30, 2023. To ensure the continuity of services and to safeguard residential and commercial customers from experiencing service interruption upon expiration of the current Agreement, the City Council authorized the Chief Executive Officer and staff to negotiate a First Amendment to the current agreement . This First Amendment would update the franchise agreement to include organic waste mandates and extend the term of the agreement pending the City’s Proposition 218 process and City Council approval of solid waste rate increases to pay for the additional services WM will provide under this First Amendment.

RECOMMENDATION

It is recommended that the City Council:

1. Approve the proposed First Amendment to the Amended & Restated Exclusive Franchise Agreement for Provision of Solid Waste Handling Services (“First Amendment”).

2. Authorize the Mayor and City Clerk to execute the First Amendment.

FISCAL IMPACT

WM will pay the following fees to the City under this First Amendment in addition to the existing franchise agreement:
• A Contract Modification Fee of $1 million to be paid within 30 business days of the effective date of the First Amendment.

• An Integrated Waste Management Fund fee amount of $30,000 each July 1 and January 1 during the Term, commencing July 1, 2023, for administration of the Agreement, implementation of diversion programs or public educ ation. This would double the existing Integrated Waste Management Fund fee amount.

• An increase to the Annual Benefit Fund fee amount from $50,000 to $100,000 each July 1 that may be used for programs, including, but not limited to, Baldwin Park Open House, Recycling Program , Bulky Item Program , and additional collection days.

In addition, t he Franchise Agreement will implement a new pass-thru charge for single-family customers in the amount of $1.29 for each organic waste cart to implement solid waste diversion programs per SB 1383 requirements.

BACKGROUND

The City of Baldwin Park entered into an exclusive franchise agreement with WM in 1990 for the collection and disposal of all refuse and solid waste generated within the City. Since then, the franchise agreement and services provided have changed and evolved through various contract iterations, renewals, and amendments . The current agreement was approved on September 4, 2013, with a term of 10 years and is set to expire on June 30, 2023.

On November 2, 2022, the City Council authorized the C EO and Staff to negotiate a First Amendment per provisions provided in the current agreement. Staff has concluded negotiations with WM and is presenting the final draft of the First Amendment to the City Council for consideration for approval. This First Amendment to the agreement continues to focus on the goals to ensure safe, efficient, and economical collection, recycling, and disposal of solid waste.

DISCUSSION

The regulations promulgated by CalRecycle to implement SB 1383 (the “SB 1383 Regulations”) requires the City to provide organic waste collection services to reduce the amount of organic waste, which includes food scraps and landscaping debris, disposed of in landfills.

The SB 1383 Regulations took effect on January 1, 2022. The First Amendment for Council’s consideration is a necessary component to implementing the City’s organic waste collection program and compliance with the SB 1383 Regulat ions. Staff worked with WM to revise the franchise agreement to include additional language addressing SB 1383 compliance. Under the First Amendment, implementation of the SB 1383 Program for residential customers will take effect by September 1, 2023, pending City Council approval of solid waste increases conducted pursuant to Proposition 218. If the rates are not approved by the City Council by September 1, 2023, then the term shall expire on December 1, 2023.

The California Legislature passed Senate Bill 1383 (SB 1383, Chapter 395, Statutes of 2016), which established targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. The law grants California Department of Resources Recycling and Recovery (“CalRecycle”) the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.

The First Amendment will:

• Extend the term of the franchise agreement by five years to June 30, 2028.

• Require WM to perform organic waste collection services and provide organic waste programs in accordance with the SB 1383 Regulations.

• Adds new definitions to the franc hise agreement to conform with the SB 1383 Regulations and state law.

• Amend the existing franchise agreement to replace references to “green waste” with “organic waste” (which includes both green waste and food waste).

• Makes technical and clarifying edits to the existing franchise agreement.

• Provide additional revenue as noted under “Fiscal Impact.”

• Update the solid waste rate sheet (pending Prop 218 Public Hearing and Council approval).

• Provide two community clean-up events for City residents annually.

• Require WM to provide organic waste containers for food vendors at four City - sponsored events annually.

• Increase the number of scholarships provided to graduating City high school students from two to four annually.

This First Amendment will also continue to provide the following:

• Enhanced Waste Diversio n Programs such as weekly bulky item curbside pickup, Illegal Dumping Program, sharps collection through mail back containers for residence and multi-family premises, as well as holiday tree collection for up to two weeks following the holiday season.

• Enhanced Community Services including a dedicated WM liaison, senior discount rates and valet services to qualifying residents, Local Student Internship Program offered to Baldwin Park Unified School Districts students.

• Service at City facilities at no cost including Esperanza Villa and Serenity Homes.

• Use of Smart Truck technology to support compliance provisions including those with respect to SB 1383.

Under the current franchise agreement single-family residential and commercial rates are already among the lowest in the San Gabriel Valley region. Baldwin Park’s residential rate is 12% below the average rate and 14% below the commercial rate for a 3-yard bin serviced one-time per week when compared to neighboring cities . Moreover, an early survey of regional rates after implementation of residential organics collection, as required by SB 1383, all City residential accounts, and certain commercial accounts will see a reduction in rates, further solidifying the City’s commitment to keeping rates low and affordable.

ALTERNATIVES

1. Council could deny approval of the First Amendment. However, under that situation, WM would not be obligated to provide solid waste handling services in the City, and the City would be in violation of the SB 1383 Regulations, which requires the City to provide organic waste collection services or else be subject to potential significant fines by CalRecycle.

2. In the event that Council does not approve the First Amendment, staff requests authority to continue with the existing contract on a month to month basis, provided that Waste Management is agreeable to doing so.

CEQA REVIEW

The approval of the First Amendment is not subject to the requirements of the California Environmental Quality Act (“CEQA”). This approval is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The approval of the First Amendment is exempt from CEQA review because it does not constitute a project under CEQA pursuant to Section 15378(b)(5) of the State CEQA Guidelines, which provides that organizational and administrative activities of governments that will not result in physical changes in the environment are not considered projects for CEQA purposes.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. First Amendment to Amended & Restated Exclusive Franchise Agreement for Provision of Solid Waste Handling Services

2. Proposed Rate Sheet pending Prop 218 Public Hearing and City Council Approval.

First Amendment – Page 1 of 14

FIRST AMENDMENT TO

AMENDED & RESTATED EXCLUSIVE FRANCHISE AGREEMENT FOR

PROVISION OF SOLID WASTE HANDLING SERVICES

THIS FIRST AMENDMENT TO AMENDED & RESTATED EXCLUSIVE FRANCHISE AGREEMENT FOR PROVISION OF SOLID WASTE SERVICES (this “First Amendment”) is made and entered into this 21st day of June 2023 (the “Effective Date of the First Amendment”), by and between WASTE MANAGEMENT COLLECTION & RECYCLING, INC., a California corporation (“Franchisee”), and THE CITY OF BALDWIN PARK, a municipal corporation of the State of California (the “City”). City and Franchisee are occasionally herein referred to each as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, t he Parties previously entered into that certain Amended & Restated Exclusive Franchise Agreement for Provision of Solid Waste Services, dated September 4, 2013 (the “Agreement”).

WHEREAS, Senate Bill (SB) 1383, the Short -lived Climate Pollutant Reduction Act of 2016, required the California Department of Resources Recycling and Recovery ( “CalRecycle”) to develop certain regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, the SB 1383 regulations place requirements on jurisdictions to support achievement of statewide organic waste disposal reduction targets.

WHEREAS, i n accordance with Section 13.13 of the Agreement, the Parties desire to amend the terms and conditions of Franchisee ’s provision of Solid Was te Collection, transportation, handling, processing, and diversion services as set forth in this First Amendment to incorporate provisions related to SB 1383 organic waste services.

NOW THEREFORE, in consideration of the promises and covenants contained herein, the above recitals, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:

1. Section 1.2.7 is hereby replaced in its entirety to read as follows:

1.2.7 [RESERVED].

2. Section 1.2.8 is hereby replaced in its entirety to read as follows:

1.2.8 [RESERVED].

3. Section 1.2.20 is hereby replaced in its entirety to read as follows:

1.2.20 Commercial/Industrial Premises. “Commercial/Industrial Premises” means property upon which a business activity is conducted, including but not limited to retail sales, services, manufacturing, assembling, storage, or wholesale operations, but excluding First Amendment – Page 2 of 14

businesses conducted upon Single -Family Premises or Multi- Family Premises that are permitted under applicable zoning regulations and that do not constitute the primary use of the property. Commercial/Industrial Premises may receive Bin Service, Roll-Off Service, or Cart Service. Commercial/Industrial Premises also include hotels, motels, other temporary housing facilities, and senior citizen housing complexes.

4. Section 1.2.23 is hereby replaced in its entirety to read as follows:

1.2.23 Container. “Container” means a Cart, Bin, Roll-Off Box, or other receptacle for Refuse, Recyclable Materials, or Organic Waste.

5. Section 1.2.24 is hereby replaced in its entirety to read as follows:

1.2.24 Contaminated or Contamination. “Contaminated” or “ Contamination” or “Contaminated” means the presence of Prohibited Container Contaminants is a Container. For purposes of this Agreement, Franchise may issue a Contamination Fee to Account s with Contaminated Container(s). “Contamination Fee” means an amount charged by Franchisee to Accounts to recover its costs for separating and processing Discarded Materials due to Contamination.

6. Section 1.2.28 is hereby replaced in its entirety to read as follows:

1.2.28 Green Waste. “Green Waste” means shrubbery, tree trimmings, yard waste, grass, weeds, straw or leaves, wood chips , untreated wood and other household garden waste associated with landscaping generated from Account s and are no longer useful or wanted.

Yucca leaves, palm fronds, tree stumps and tree roots are not considered Green Waste, which shall be treated as Refuse for the purposes of this Agreement. Green Waste is a subset of Organic Waste and shall not include Excluded Waste.

7. Section 1.2.34 is hereby replaced in its entirety to read as follows:

1.2.34 Food Waste. “Food Waste” means source separated Food Scraps and Food- Soiled Paper. Food Waste is a subset of Organic Waste and shall not include Excluded Waste.

8. Section 1.2.50 is hereby replaced in its entirety to read as follows:

1.2.50 Overage Fee. “Overage Fee ” means a fee charged by Franchisee to Accounts to compensate it for its expenses in documenting and cleaning up litter and debris arising from overfilling of Containers.

9. Section 1.2.56 is hereby replaced in its entirety to read as follows:

1.2.56 Recyclable Materials or Recyclables. “Recyclable Materials ” or “Recyclables” means any source separated material discarded by an Account or generator for the purpose of reuse, reprocessing or remanufacturing, consistent with the requirements of AB 939, including, but not limited to glass, newsprint, aluminum, cardboard, paper, plastics or First Amendment – Page 3 of 14

metal. No Discarded Materials shall be considered Recycl able Materials unless such material is separated from other waste materials by the Account. Recyclable Materials shall not include Excluded Waste.

10. Section 1.2.61 is hereby replaced in its entirety to read as follows:

1.2.61 Solid Waste means solid waste as defined in Public Resources Code Section 40191. Solid waste means all putrescible and nonputrescible solid, semi -solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes. Solid Waste does not include any of the following wastes:

1. Hazardous waste, as defined in the California Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the California Health and Safety Code).

3. Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the California Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in California Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the California Public Resources Code.

11. Section 1.2.68 is hereby replaced in its entirety to read as follows:

1.2.68 Temporary Service . “Temporary Service ” means Bin Service or Roll-Off Service provided to premises on a Temporary, as needed basis, such that no Container remains on the Premises or a service location on Premises for more than thirty (30) calendar days at a time, or for more than sixty (60) calendar days of any ninety (90) calendar day period.

12. The following definitions are hereby added to Section 1 of the Agreement:

Change in Law. “Change in Law” shall mean any of the following events or conditions that has an effect on the performance of Franchisee’s obligations under this Agreement:

1. The enactment, adoption, promulgation, issuance, modification, or written change in administrative or judicial interpretation of any applicable law; or,

2. The order, judicial interpretation, or judgment of any federal, state, or local governmental body (including, without limitation, any authority, board, bureau, First Amendment – Page 4 of 14

commission, department, instrumentality or public body), or any court, arbitrator, administrative tribunal or public utility having jurisdiction over Franchisee’s performance of this Agreement, provided such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of City or Franchisee (or subcontractor) asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure to contest any such order or judgment in good faith shall not constitute, or be c onstrued as, such a willful or negligent action, error or omission or lack of reasonable diligence.

Discarded Material s. “Discarded Materials ” shall mean Recyclable Materials, Organic Waste, Refuse, and Construction and Demolition Debris placed by a n Account or generator in or around a Container for the purposes of collection, handling and processing by Franchisee. For the purpose of this Agreement, Discarded Materials does not include Edible Food or Excluded Waste.

Excluded Waste. “Excluded Waste” shall mean Biohazardous Waste, Infectious Waste, Hazardous Waste, Universal Waste, Special Waste, used cooking FOG (fats, oil, grease, and similar materials), toxic substances or material, explosives, firearms, automobiles, automobile parts, boats, boat part s, boat trailers, internal combustion engines, lead- acid batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. Excluded Waste also includes any material that is prohibited from being Collected, transported, or processed by Franchisee or disposed of in Class III landfills, or that would, as a result of or upon Collection, transportation, processing and/or disposal, be a violation of Applicable Law , would present a significant risk to human health or the environment, cause a nuisance, requires special handling by Franchisee, or otherwise create or expose Franchisee or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential Solid W aste after implementation of programs for the safe Collection, Recycling, treatment and disposal of batteries and paint in compliance with Public Resources Code Sections 41500 and 41802.

Excluded Waste also includes materials containing information (in ha rd copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended. Excluded Waste does not include used motor oil and filters, or household batteries when properly placed for collection by customer as set forth in this Agreement.

Food Scraps shall mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.

Food-Soiled Paper shall mean compostable paper material that is mixed in with Food Waste.

Prohibited Container Contaminants shall mean the following: (1) materials placed in a Recyclable Material s Container that are not identified as acceptable Recyclables Material; ( 2) materials placed in a n Organic Waste Container that are not identified as acceptable Organic Waste; ( 3) materials placed in a Refuse Container that are acceptable First Amendment – Page 5 of 14

Recyclable Material s and/or Organic Waste; and ( 4) Excluded Waste placed in any Container. For the purposes of this Agreement, “Prohibited Container Contamination” shall mean the presence in a Container of Prohibited Container Contaminants.

Refuse shall mean garbage and rubbish. Refuse shall not include Construction and Demolition Waste, Organic Waste, Recyclable Materials, or Excluded Waste as that term is defined in Section 50.18 of the Baldwin Park Code.

13. The term “Solid Waste” shall be amended to read “R efuse” in the Agreement, where the context refers to garbage or rubbish only, including but not limited to:

• Section 5.2.7;
• Section 5.3;
• Section 5.4;
• Section 5.5;
• Section 5.6;
• Section 5.8;
• Section 7.2; and
• Section 9.5.2.

14. The following Sections are hereby revised to replace the term “ Green Waste” with “Organic Waste”:

• Section 1.2.39;
• Section 1.2.51;
• Section 5.2.7;
• Section 5.3;
• Section 5.4.5;
• Section 5.8.1;
• Section 6.3.6;
• Section 7.2.2;
• Section 7.2.3; and
• Section 9.5.2.

15. Section 3.2.2 is hereby replaced in its entirety to read as follows:

3.2.2 Self-Hauling. Self -hauling may be performed by City residents, Owners, or occupants of Premises. To qualify as a self-hauler” for purposes of this exemption, an Owner or occupant must remove and personally transport from his/her own Premises using his/her own equipment for the purpose of lawfully delivering same to a Disposal Site, MRF/TS, or Organic Waste processing facility authorized to receive and handle Refuse , Recyclables, or Organic Waste in accordance with Section 50.18(J) of Chapter 50 of Title V of the Code of Baldwin Park. The use of a subcontractor is not “self -hauling” within the meaning of this definition. Self -hauling of Refuse, Recyclables, or Organic Wast e does not exempt the property owner from subscribing to franchise collection services.

First Amendment – Page 6 of 14

16. Section 3.3.2 is hereby replaced in its entirety to read as follows:

3.3.2 Contract Modification Fee. The Franchisee at its sole expense, shall make a one-time, lump sum payment of One Million Dollars ($1,000,000) within thirty (30) business days of execution of this First Amendment. The Parties further agree the Contract Modification Fee is material and essential to the Parties’ agreement. In the event that the Contract and Modification Fee is invalidated and returned to Franchisee, Franchisee shall pay One Million Dollars ($1,000,000) to the City to use for solid waste programs at its sole discretion.

17. Section 3.3.3 is hereby replaced in its entirety to read as follows:

3.3.3 AB 939 Fee . Franchisee shall charge a monthly fee of $1.62 per Refuse Cart to Accounts for Single-Family Service for implementation of the Solid Waste Diversion programs required by AB 939. Such monthly surcharge shall be char ged and collected by Franchisee as part of its total rate provided for the applicable service(s) in Exhibit A or as a separate line item . Franchisee shall pay all AB 939 fees collected to Cit y quarterly within thirty (30) days of the end of each calendar quarter. The AB 939 Fee shall be adjusted annually by the percentage increase in the CPI in the same manner as the rates are adjusted under Section 8.2.3.

18. Section 3.3.4 is hereby replaced in its entirety to read as follows:

3.3.4 Integrated Waste Management Fund. Franchisee shall pay City’s Integrated Waste Management Fund the amount of Thirty Thousand Dollars ($30,000.00) each July 1 and January 1 during the Term, commencing July 1, 2023, for administration of the Agreement, implementation of diversion programs or public education. Late payments will be subject to an interest charge or one and one-half percent (1.5%) per month, or the highest rate allowable under applicable law, whichever is less.

19. Section 3.3.5 is hereby replaced in its entirety to read as follows:

3.3.5 New, Increased or Decreased Fees . The City has the right to impose new fees on the provision of Solid Waste Handling Services, and to increase the amount or percentage of the Franchise Fee, or other fees as described above, from that set forth above. In such event, as allowed under Section 8.2.4, Franchisee shall receive an adjustment to the rat es to fully compensate its increased costs, including, if applicable, a one-time rate adjustment to the rates to fully compensate it where there is a delay between the effective date of the new or increased fee and the date on which it begins to receive increased compensation from billings related to the new or increased fee. The Franchise Fee may also be adjusted downward or eliminated by the City during the term of this Agreement without Franchisee’s prior written consent if there is no increase to the r ates in Exhibit A. If the Franchise Fee is adjusted upward, City shall provide written notice to Franchisee.

20. A new Section 3.3.7 (SB 1383 Fee) is hereby added as follows:

First Amendment – Page 7 of 14

3.3.7 SB 1383 Fee. Franchisee shall charge a monthly fee of $1.29 per Organic Waste Cart to Accounts for Single-Family Service for implementation of the Solid Waste Diversion programs required by SB 1383. Such monthly surcharge shall be charged and collected by Franchisee as part of its total rate provided for the applicable service(s) in Exhibit A or as a separate line item . Franchisee shall pay all SB 1383 fees collected to City quarterly within thirty (30) days of the end of each calendar quarter. The SB 1383 Fee shall be adjusted annually by the percentage increase in the CPI in the same manner as the rates are adjusted under Section

8.2.3. 21. Section 3.4 is hereby replaced in its entirety to read as follows:

3.4 Ownership of Refuse , Recyclable Materials and Organic Waste. Ownership of Refuse, Recyclable Materials and Organic Waste shall transfer to the Franchisee when the Account generating such Recyclable Materials and Organic Waste places it for collection by the Franchisee or at the time recei ved by Franchisee. Franchisee is thereby granted the right to retain, recycle, compost, dispose of and otherwise use such waste, or any part thereof, in accordance with applicable laws. Subject to the provisions of this Agreement, and excepting any mater ial which is not Refuse, Recyclable Materials or Organic Waste and which was inadvertently or improperly discarded, Franchisee shall have the right to retain any benefit or profit resulting from its right to retain, recycle, compost, convert, dispose of or use the Refuse, Recyclable Materials and Organic Waste it collects, including, without limitation, CalRecycle container recycling payments, proceeds from the sale of Recyclable Materials, and the market value of all greenhouse gas (GHG) emissions, reduction, carbon, or renewable energy credits, offsets or similar benefits arising from the Solid Waste Handling activities undertaken by Franchisee pursuant to this Agreement. City shall have the right to report any such benefits as part of City’s Climate Action Plan or similar plan, and Franchisee shall provide information requested by City for such reporting. Refuse, Recyclable Materials, Organic Waste, and any other material which is disposed of at a Disposal Site or other site (whether landfill, transformation facility, transfer station , organic processing facility, or material recovery facility) shall, as between the City and Franchisee, remain the responsibility of Franchisee, and Franchisee shall retain ownership of the same.

22. Section 4.1 is hereby replaced in its entirety to read as follows:

4.1 Term and Franchise Term.

The Term of this Agreement shall be for a period commencing on the Effective Date and ending on June 30, 2028 (the “Term”). Thereafter, the Term may be extended for an additional period of five (5) years by written mutual agreement of the Parties.

23. Section 5.1.1 is hereby replaced in its entirety to read as follows:

5.1.1 Furnishing of Services. The work to be performed pursuant to this Agreement shall include the furnishing of all labor, materials and equipment necessary for, and the collection of all Refuse, Recyclables and Organic Waste from, Residential Premises and First Amendment – Page 8 of 14

Commercial/Industrial Premises within the City according to the terms of this Agreement, and the disposal, recycling, processing and/or Diversion of such materials. Franchisee shall own or lease and maintain at its expense all equipment necessary to perform its duties as provided for under the Agreement, including sufficient equipment for field communication. All work shall be accomplished in a courteous, thorough, and workmanlike manner and adhere to the highest standards consistent with the best practice in the industry. Notwithstanding anything to the contrary, Franchisee may provide collection services under this Agreement to Residential Premises or Commercial/Industrial Premises through the use of shared Containers where Franchisee determines that such Premises are not reasonably able to store Containers or otherwise receive individualized collection services exclusively through the use of the automated Collection system contemplated by this Agreement.

24. Section 5.4.3 is hereby replaced in its entirety to read as follows:

5.4.3 [RESERVED].

25. Section 5.4.5 (Commercial/Industrial Service Requirements) is hereby renumbered as Section

5.4.6 (Commercial/Industrial Service Requirements) and Section 5.4.6(c) is hereby replaced in its entirety to read as follows:

(c) Overage. Where Franchisee identifies instances of overfilling of Containers, it will document the overfilling through the use of film or digital photography.

Except in the case of observable Excluded Waste, Franchisee will place overfilled material into the collection vehicle, and will present documentation or proof of the overfilling to both the City and the Commercial/Industrial Account. Where notice and documentation or proof of overfilling was provided to the C ommercial/Industrial Account, and Franchisee documents another instance of overfilling within any twelve -month period of notice, Franchisee is authorized to charge an Overage Fee and may deliver an increased Container size sufficient to contain the material to the Commercial/Industrial Premises and/or adjust the service rate to the rate then in effect for the increased Container size. Franchisee will maintain a log listing all Commercial/Industrial Premises where overfilled material was observed, and actions taken in response by Franchisee, which shal l be maintained for inspection by the Chief Executive Officer upon request. In addition, Franchisee will provide the Chief Executive Officer or his/her designee with notification prior to delivering the increased Container size and adjusting the service rate at a Commercial/Industrial Account.

26. A new Section 5.4.5 (Organic Waste) is hereby added as follows:

5.4.5 Organic Waste.

(a) Franchisee shall provide for collection of Organic Waste from Commercial/Industrial Accounts, using Bins, Roll -Off Boxes or Carts, depending upon the Accounts’ space limitations and volume of Organic Waste generated, subject to Section 5.1.1 and waivers granted by the City to Premises in accordance with Section 50.18(F) of Chapter 50 of Title V of the Code of Baldwin Park and 14 CCR Section 18984.11.

First Amendment – Page 9 of 14

(b) Franchisee shall collect and remove all Organic Waste placed in Containers from every Commercial/Industrial Premises receiving Organ ic Waste collection service, at a frequency required to handle the Organic Waste generated.

27. Section 5.6.5 (Multi-Family Service Requirements) is hereby renumbered as Section 5.6.6 (Multi-Family Service Requirements).

28. A new Section 5.6.5 (Organic Waste) is hereby added as follows:

5.6.5 Organic Waste.

(a) Franchisee shall provide for collection of Organic Waste from Multi-Family Accounts, using Bins, Roll -Off Boxes or Carts, depending upon the Accounts’ space limitations and volume of Organic Waste generated , subject to Section 5.1.1 and waivers granted by the City to Premises in accordance with Section 50.18(F) of Chapter 50 of Title V of the Code of Baldwin Park and 14 CCR Section 18984.11.

(b) Franchisee shall collect and remove all Organic Waste placed in Containers from every Multi-Family Premises receiving Organic Waste collection service, at a frequency required to handle the Organic Waste generated.

29. Section 5.5.3 is hereby replaced in its entirety to read as follows:

5.5.3 [RESERVED].

30. Section 5.5.4 is hereby replaced in its entirety to read as follows:

5.5.4 Organic Waste Cart Service.

(a) Franchisee shall provide weekly Cart Service for collection of Organic Waste at each Single-Family Account, on the same day as Refuse collection. Franchisee will supply each Single -Family Premises with one (1) approximately 64 -gallon Organic Waste Cart. Accounts may request a 35- gallon Organic Waste Cart where space constraints or physical limitations make use of the 64-gallon cart impracticable.

(b) Accounts may, upon request, request additional Organic Waste Carts at the rate set forth in Exhibit A.

31. Section 5.5.5(b) is hereby replaced in its entirety to read as follows:

First Amendment – Page 10 of 14

(b) Accounts may, upon request, request additional Recyclable Materials Carts at the rate set forth in Exhibit A.

32. Section 5.5.5, titled “Single-Family Service Requirements,” is hereby revised to be correctly renumbered as Section 5.5.6.

33. Section 5.5.6(b) is hereby replaced in its entirety to read as follows:

(b) Overage. Where Franchisee identifies instances of overfilling of Containers, it will document the overfilling through the use of film or digital photography.

Except in the case of observable Excluded Waste, Franchisee will place overfilled material into the collection vehicle, and will present documentation or proof of the overfilling to both the City and the Single -Family Account. Where notice and documentation or proof of overfilling was provided to the Account, and Franchisee documents another instance of overfilling within any twelve-month period of such notice, Franchisee is authorized to charge an Overage Fee and may deliver an increased Container size sufficient to contain the material to the Single-Family Premises and/or adjust the service rate to the rate then in effect for the increased Container size. Franchisee will maintain a log listing all Single -Family Premises where overfilled material was observed, and actions taken in response by Franchisee, which shall be maintained for inspection by the Chief Executive Officer upon request. In addition, Franchisee will provide the Chief Executive Officer or his/her designee with notification prior to delivering the increased Container size and adjusting the service rate at a Single- Family Account.

34. Section 5.6.3 is hereby replaced in its entirety to read as follows:

5.6.3 [RESERVED].

35. Section 5.6.5(c) is hereby replaced in its entirety to read as follows:

(c) Overage. Where Franchisee identifies instances of overfilling of Containers, it will document the over filling through the use of film or digital photography.

Except in the case of observable Excluded Waste, Franchisee will place overfilled material into the collection vehicle, and will present documentation or proof of the overfilling to both the City and the Multi- Family Account. Where notice and documentation or proof of overfilling was provided to the Account, and Franchisee documents another instance of overfilling within any twelve-month period of such notice, Franchisee is authorized to charge an Overage Fee and may deliver the next larger-sized Container to the Multi-Family Premises and/or adjust the service rate to the rate then in effect for the Container size. Franchisee will maintain a log listing all Multi- Family Premises where overfilled material was observed, and actions taken in response by Franchisee, which shall be maintained for inspection by the Chief Executive Officer upon request. In addition, Franchisee will provide the Chief Executive Officer or his/her designee with notification prior to delivering the increased Container size and adjusting the service rate at a Multi-Family Account.

36. A new Section 5.7.5 is hereby added to the Agreement:

First Amendment – Page 11 of 14

5.7.5 Community Clean-up Events. Each year beginning on July 1, 2023 and each July 1 thereafter, Franchisee shall provide at no cost to the City two community clean-up events for residents of the City at a time and place as the P arties may reasonably agree. Each event shall be for a period of four (4) hours. City shall provide staff and/or volunteers to manage entry and exit of residents from the events. Residents may bring a single load of up to two (2) cubic yards total of Solid Waste or E-Waste per event using their personal vehicle. Franchisee shall also provide document shredding servi ces at each event. Residents may bring up to one (1) banker’s box of Printing and Writing Paper per event for shredding. Accounts shall provide proof of residency and any other documents, information, or identification reasonably requested by Franchisee and provide such documentation to City staff prior to entry to an event.

37. Section 5.8.2 is hereby replaced in its entirety to read as follows:

5.8.2 City-Sponsored Events . Franchisee shall provide Refuse, Recyclable Materials, and Organic Waste Containers in sufficient numbers to serve up to four (4) City- sponsored events each Rate Year, at no cost to the City. Franchisee may use either Bins or cardboard Containers for this service, as appropriate. Franchisee shall use commercially reasonable ef forts to maximize diversion of materials collected at City -sponsored events.

Franchisee shall provide Organic Waste Containers only for use by food vendors permitted by the City to participate in the City-sponsored events under this Section 5.8.2.

38. Section 5.8.7 is hereby replaced in its entirety to read as follows:

5.8.7 Annual Benefit Fund. Franchisee shall make a contribution to an Annual Benefit Fund to be established by the City, at the request of the City, in the amount of One Hundred Thousand Dollars ($100,000.00), commencing with the Rate Year beginning on July 1, 2023 and each Rate Year thereafter during the Term. The programs that may be undertaken by the City through the Annual Benefit Fund, include, but are not limited to, the following:

(a) Baldwin Pa rk Open House and Recycling Program collecting cardboard, paper, and containers made from glass, aluminum, plastic, and steel.

(b) Bulky Item Program and additional collection days.

39. Section 5.8.8(b) is hereby replaced in its entirety to read as follows:

(b) Commencing with the Rate Year beginning on July 1, 2014, and every Rate Year thereafter during the term, Franchisee will implement a scholarship program providing one or more graduating high school students scholarships, with an aggregate value of not more than Two Thousand Five Hundred Dollars ($2,500.00) each Rate Year at no cost to the City . Commencing with the Rate Year beginning on July 1, 2023, Franchisee shall provide up to four (4) scholarships at a value of Two Thousand Five Hundred Dollars ($2,500.00) each per Rate Year at no cost to the City. Franchisee shall publicize its scholarship program and use reasonable efforts to encourage graduating City high school students to apply.

First Amendment – Page 12 of 14

40. Section 6.1 is hereby replaced in its entirety to read as follows:

6.1 Change in Law . A Change in Law may require that Franchisee provide new, modified, or additional services under this Agreement, including pilot programs or innovative services that may entail new collection methods, or different services requirements for Accounts. In the event of a Change in Law, the Parties shall meet and confer in accordance with Section 6.2 and Franchisee shall be entitled to a rate adjustment in accordance with Section 8.2.4, without regard to the once per year limitation therein.

41. Section 6.2 is hereby replaced in its entirety to read as follows:

6.2 Joint Responsibilities; Development of Programs . The City and Franchisee shall meet and confer in good faith to jointly develop strategies and develop a program adequate to meet all new or revised requirements resulting from a Change in Law . In the event of any Change in Law , the Parties shall promptly meet and confer to negotiate in good faith the implementation of such Change in Law with respect to Franchisee’s performance under this Agreement and shall reasonably cooperate in good faith with all effort by each other to meet the requirements of any such Change in Law including a rate adjustment in accordance with Section 8.2.4, without regard to the once per year limitation therein. If the City and Franchisee cannot agree on an amended program or service requirements, within one hundred twenty (120) days after initially commencing any meet and confer process, City shall be entitled to specify the program to be implemented, and, as appropriate, for the scope of the program implemented, the rates shall be adjusted in accordance with Section 8.2.4, without regard to the once per year limitation therein . In the event that Franchisee fails to implement a new or revised program within the time agreed by the Parties (which date may be extended by mutual written agreement), such failure may be an event of default under this Agreement, subject to the provisions of Section 10.3 and Section 10.4.

42. Section 6.3.6 is hereby replaced in its entirety to read as follows:

6.3.6 [RESERVED].

43. Section 6.4 is hereby deleted in its entirety and is of no force or effect.

44. Section 8.4.3 is hereby replaced in its entirety to read as follows:

.8.4.3 Temporary Services; Special Services . Franchisee shall bill Single -Family Accounts, Multi-Family Accounts and Commercial/Industrial Accounts monthly in arrears for Temporary services, special fees, and service fees where the rate cannot be determined in advance. Payment is due within thirty (30) calendar days after the invoice date, and is considered overdue thirty (30) calendar days from the date of invoice.

45. Franchisee shall provide all services under this First Amendment beginning July 1, 2023.

In the event that any rate adjustment required or contemplated by this First Amendment is not implemented as a result of a majority protest resulting from City’s Proposition 218 hearing process, the parties shall meet and confer in good faith within thirty (30) days of such protest First Amendment – Page 13 of 14

to equitably reduce the services and obligations of Franchisee under this Agreement equal to the value of the adjustment.

46. Exhibit A-1 and Exhibit A -2 are hereby replaced in their entirety with Exhibit A, attached hereto as Attachment 1. Exhibit A is incorporated by reference as though fully set forth herein.

The rates in Exhibit A shall take effect on September 1, 2023 pending Council approval.

47. A new Exhibit E is hereby added to the Agreement, attached hereto as Attachment 2. Exhibit E is incorporated by reference as though fully set forth herein.

48. Notice. All notices, demands, requests, proposals, approvals, consents and other communications which this First Amendment or the Agreement requires, authorizes or contemplates shall be in writing and shall either be personally delivered to a representative of the Parties at the address below or be deposited in the United States mail, first class postage prepaid, addressed as follows:

If to City: Attn: Enrique C. Zaldivar, CEO
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706

If to Franchisee: Attn: Mike Hammer
Waste Management Collection & Recycling, Inc.
9081 Tujunga Avenue
Sun Valley, California 91352

With a copy to: Attn: Assistant General Counsel
Waste Management Collection & Recycling, Inc.
9081 Tujunga Avenue
Sun Valley, California 91352

The address to which communications may be delivered may be changed from time to time by a notice given in accordance with this Section. Each Party shall deliver all notices by personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). A notice is effective only: 1) upon receipt by the receiving Party and 2) if the Party giving the notice has complied with the requirements of this Section.

49. Governing Law. The Agreement and this First Amendment shall be governed by, and construed and enforced in accordance with, the laws of the State of California without reference to its conflicts of laws principles.

50. Authorization. Each Party to this First Amendment hereby represents and warrants to the other Party that: (a) it has the full right, power, and authority to enter into this First Amendment and to perform its obligations hereunder; and (b) the execution of this First Amendment by the individual whose signature is set forth at the end of this First First Amendment – Page 14 of 14

Amendment on behalf of such Party, and the delivery of this First Amendment by such Party, have been duly authorized by all necessary action on the part of such Party.

51. Counterparts. This First Amendment may be executed in counterparts, each of which is deemed an original, but all of which constitute one and the same agreement. Delivery of an executed counterpart of this First Amendment electronically or by facsimile shall be effective as delivery of an original executed counterpart of this First Amendment.

52. Entire Agreement. This First Amendment constitutes the sole and entire agreement between the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. To the extent there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed as of the date first written above.

CITY OF BALDWIN PARK: WASTE MANAGEMENT COLLECTION
& RECYCLING, INC.:

Emmanuel J. Estrada, Mayor Mike Hammer, President – Southern California Area

ATTEST:

Christopher Saenz, City Clerk

APPROVED AS TO FORM:

Marco Martinez, City Attorney

Attachment 1 (Exhibit A) - Page 1

ATTACHMENT 1

EXHIBIT A

MAXIMUM SOLID WASTE RATES
Attachment 2 (Exhibit E) – Page 1 of 6

ATTACHMENT 2

EXHIBIT E
SB 1383 PROVISIONS

Beginning on July 1, 2023, Franchisee shall provide Organic Waste services to Accounts in conformity with the following:

1. SB 1383 Collection Services. Franchisee shall provide three-container Organic Waste collection services in accordance with this Exhibit and 14 CCR Section 18984.1.

2. Container Colors and Labeling. All new Containers (excluding R oll-off Bins) placed in service after July 1, 2023 for all Accounts shall comply with color and labeling requirements specified in 14 CCR Section 18984.7 and 14 CCR Section 18984.8 respectively. Nothing in this Section shall require Franchisee to replace any functional Containers, including Containers purchased prior to July 1, 2023, that do not comply with the color requirements of this Section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

3. Contamination Monitoring. Franchisee shall meet Container contamination minimization requirements in accordance with this Exhibit, 14 CCR Section 18984.5 and 14 CCR Section 18984.6. Franchisee agrees to utilize the following procedures to assist in minimizing Container contamination . Nothing in this Section 3 shall require Franchisee to collect a Container containing Excluded Waste (except de minimis volumes of HHW ) that Franchisee identifies while performing the services contemplated under this Agreement under any circumstances.

Franchisee shall not be required to collect or process Excluded Waste, or any Organic Waste or Recyclable Materials that are not accepted by any facility to which Franchisee delivers such materials for processing under this Agreement.

3.1. Fee and Noticing Procedures for Single-Family Accounts. Franchisee may use electronic, digital, or visual image technology to visualize the contents of Recyclable Material s Containers, Organic Waste Containers, and Refuse Containers to identify the presence of Prohibited Container Contaminants. Upon identifying Prohibited Container Contaminants in a Container, Franchisee shall follow these contamination noticing procedures for Single-Family Accounts:

3.1.1. First and Second Occurrence. For the first and second occurrence within a twelve (12) month period of contamination for a particular Container, Franchisee may Collect the contaminated Container and shall deliver to the Single-Family Account a contamination violation notice that contains instructions on the proper procedures for sorting of Recyclable Material s, Organic Waste, and Refuse. Franchisee shall provide the contamination violation notice to the Account by phone, U.S. mail, e -mail, text, or other electronic means that for third and subsequent incidents of contamination the Account may be charged a contamination fee for the contaminated Attachment 2 (Exhibit E) – Page 2 of 6

Container, and Franchisee may increase the Container size, c ollection frequency, or require an additional Container.

3.1.2. Third or Subsequent Occurrence . For the third or subsequent occurrence within a twelve (12) month period of Contamination for a particular Container or type of material, Franchisee may collect the contaminated Container and shall charge the Account a Contamination fee as set forth in Exhibit A. Franchisee shall provide the contamination violation notice to the Account by phone, U.S. mail, e-mail, text, or other electronic means of such Contamination. Franchisee may also increase the Container size, collection frequency, or require an additional Container and charge the Account the appropriate rate(s) set forth on Exhibit A . City shall consult with Franchisee and consider appropriate remedies (which may include legal remedies) against the offending Account to discontinue the Contamination.

3.2. Fee and Noticing Procedures for Multi-Family Accounts. Franchisee may use electronic, digital, or visual image technology to visualize t he contents of Recyclable Material s Containers, Organic Waste Containers, and Refuse Containers to identify the presence of Prohibited Container Contaminants. Upon identifying Prohibited Container Contaminants in a Container, Franchisee shall follow these contamination noticing procedures for Multi- Family Accounts:

3.2.1. For each occurrence of Contamination for a particular Container, Franchisee shall charge a Contamination fee in an amount set forth in Exhibit A. For repeated instances of Contamination, Franchisee may also increase the Container size, collection frequency, or require an additional Container and charge the Multi-Family Account the appropriate rate(s) set forth on Exhibit A. In addition, City shall consult with Franchisee and consider appropriate remedies (which may include legal remedies) against the offending Account to discontinue the contamination.

3.2.2. Franchisee shall deliver to the Mu lti-Family Account a contamination violation notice that contains instructions on the proper procedures for sorting of Recyclable Material s, Organic Waste, and Refuse . Franchisee shall deliver such notice to the Account by phone, U.S. mail, e -mail, text, or other electronic means.

3.3. Fee and Noticing Procedures for Commercial /Industrial Accounts. Franchisee may use electronic, digital, or visual image technology to visualize the contents of Recyclable Materials Containers, Organic Waste Containers, and Refuse Containers to identify the presence of Prohibited Container Contaminants. Upon identifying Prohibite d Container Contaminants in a Container, Franchisee shall follow these contamination noticing procedures for Commercial/Industrial Accounts:

3.3.1. For each occurrence of C ontamination for a particular Container, Franchisee shall charge a C ontamination fee in an amount set forth in Attachment 2 (Exhibit E) – Page 3 of 6

Exhibit A. For repeated instances of C ontamination, Franchisee may also increase the Container size, c ollection frequency, or require an additional Container and charge the Commercial/Industrial Account the appropriate rate(s) set forth on Exhibit A. In addition, City shall consult with Franchisee and consider appropriate remedies (which may include legal remedies) against the offending Account to discontinue the contamination.

3.3.2. Franchisee shall deliver to the Commercial/Industrial Account a contamination violation notice that contains instructions on the proper procedures for sorting of Recyclable Materials, Organic Waste, and Refuse.

Franchisee shall deliver the contamination violation notice to the Account by phone, U.S. mail, e-mail, text, or other electronic means.

3.4. Route Reviews . Franchisee shall conduct a sufficient number of route reviews to adequately determine Accounts’ overall compliance with 14 CCR Section 18984.5(b). The number of route reviews and timeframe of such reviews shall be decided by Franchisee , provided that the route revie ws comply with 14 CCR Section 18984.5(b). The City has approved Franchisee’s use of its Smart Truck℠ system, including contamination monitoring via digital/video monitoring and the use of the internet to conduct such route reviews.

4. Compliance Reviews. Subject to Applicable Law governing data security and privacy rights, Franchisee shall, upon City’s request, assist City with its annual compliance review of Commercial/Industrial Accounts as set forth in 14 CCR Section 18995.1(a)(1)(A). “Compliance review” shall have the same meaning as defined in 14 CCR Section 18982(a)(9).

Any such compliance review shall mean a “ desk” review of records Franchisee is required to maintain under this Agreement to determine the Account’s compliance with 14 CCR Section 18984.9(a). Notwithstanding the foregoing, Franchisee shall not have any obligation to inspect the premises of any Account or pursue any enforcement action related to, or arising out of, 14 CCR Section s 18995.1, 18995.3, and 18995.4, which remain the sole obligat ions of City pursuant to applicable law. Franchisee is not required to perform any such “desk” review with respect to Food Recovery Organizations, Food Recovery Services and other similar entities regulated by 14 CCR Division 7, Chapter 12.

5. Procurement of Recovered Organic Waste Products . Franchisee and City shall meet and confer in good faith to discuss and develop a procurement agreement to assist the City in complying with its procurement obligations under 14 CCR §18993.1 at no cost to Franchisee or City.

6. Public Education and Outreach. Franchisee shall, at its sole expense, create all applicable education materials and conduct all education programs , activities, and recordkeeping in accordance with 14 CCR Section s 18985.1 and assist the City with its recordkeeping requirements under 14 CCR Section 18985.3. Franchisee shall cooperate and coordinate with the City on public education activities.

6.1. Franchisee shall develop a list of Food Recovery Organizations and Food Recovery Services operating within the City, maintain the list on the Franchisee’s City -specific Attachment 2 (Exhibit E) – Page 4 of 6

website, share the list with the City f or the City to post the list on City website (s), and update the list annually. The list shall include, at a minimum, the following information about each Food Recovery Organization and each Food Recovery Service:

6.1.1. Name and physical address; and,

6.1.2. Contact information; and,

6.1.3. Collection service area; and,

6.1.4. An indication of types of Edible Food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.

6.2. At least annually, the Franchisee shall provide Commercial Edible Food Generators in the City with the following information:

6.2.1. Information about the City’s Edible Food Recovery program; and,

6.2.2. Information about the Commercial Edible Food Generator requirements under 14 CCR Section 18991.3 and 14 CCR Section 18991.4; and,

6.2.3. Information, including location and contact information, about Food Recovery Organizations and Food Recovery Services operating within the City; and,

6.2.4. Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

6.3. Franchisee may provide the information required above by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to commercial businesses.

7. SB 1383 Reporting. Within ninety (90) days after the end of each calendar year, Franchisee shall provide an annual report to the City covering the most recently completed calendar year.

Such report shall contain the following information:

7.1. Contamination Monitoring Report. Franchisee’s report shall include the following information regarding route reviews conducted by Franchisee under this Agreement:

7.1.1. Documentation of route reviews conducted pursuant to 14 CCR Section 18984.5(b) and 14 CCR Section 18995.1, including a descripti on of the process for determining the level of contamination and the number of route reviews conducted; and,

7.1.2. Documentation of “ desk” compliance reviews conducted by Franchisee under Section 4 of this Exhibit E , in accordance with 14 CCR Section 18995.1, and the number of contamination notices, contamination fees Attachment 2 (Exhibit E) – Page 5 of 6

issued to Accounts, or targeted education materials issued to Account s for Prohibited Container Contaminants, as applicable; and,

7.1.3. Copies of all documentation related to route reviews, “ desk” compliance reviews, and notices issued to Account s with Prohibited Container Contaminants; and

7.1.4. Documentation of the number of containers where the contents were disposed due to observation of Prohibited Container Contaminants.

7.2. Compliance Report. Franchisee’s report under this section shall include:

7.2.1. The total number of Account s receiving each type of Organic Waste collection services; and,

7.2.2. The number of Organic Waste Account s that received information and the type of education and outreach used; and,

7.2.3. The number of complaints that were received and reviewed by Franchisee under Section 4 of this Exhibit E; and,

7.2.4. Copies of information provided to Account s related to the SB 1383 Regulations, including the date that the information was distributed to Accounts, the number of accounts receiving the information, if applicable, in accordance with 14 CCR Section 18985.3.

7.3. Implementation Record. Franchisee shall provide information and documentation needed for the City’s implementation record related to its performance of this Agreement as identified in 14 CCR Section 18995.2(f) (3), (4), (6), (7 ), (9), (11), and to the extent applicable, (5), (8), and (13).

7.4. Confidentiality. Franchisee acknowledges that City is legally obligated to comply with the California Public Records Act ( “CPRA”). City acknowledges that Franchisee may consider certain records, reports, or information contained therein, which Franchisee is required to provide to City under this Agreement, to be of a proprietary or confidential nature or may include intellectual property of Franchisee, including, without limitation, any confidential information, copyrighted material, proprietary information, trade secrets or trademark/service mark, as well as any and all such documents or reports containing such information (together, “ Franchisee’s Intellectual Property ”). In such instances, Franchisee will inform City in writing of which records which may container Franchisee’s Intellectual Property. At such time as City receives a request for records under the CPRA or Federal Freedom of Information Act or a subpoena or other court order requesting disclosure of the records, City shall notify Franchisee of the request, subpoena or order and of City’s obligation and intent to provide a response within ten (10) days. Franchisee shall within five (5) days either: (i) consent in writing to the disclosure of the records; or (ii) seek and obtain, at Franchisee’s sole cost and expense, the order of a court of competent jurisdiction staying or enjoining the disclosure of the records. Nothing in this Attachment 2 (Exhibit E) – Page 6 of 6

Agreement shall require Franchisee to provide any of Franchisee’s Intellectual Property to any third party under any circumstances.

GW #1 Jul-21 2022-2023 2023-2024
Baldwin Park Residential Schedule of Charges 2021-2022 Extraordinary Rate Baldwin Park Residential Schedule of Charges Rate Baldwin Park Residential Schedule of Charges Rate 35 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste $21.68 2.27$ 23.95$ 35 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste 24.79$ 35 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste 22.31$ 64 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste $25.86 2.27$ 28.13$ 64 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste 29.11$ 64 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste 26.20$ 96 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste $29.73 2.27$ 32.00$ 96 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste 33.12$ 96 Gallon Waste, 64 Gallon Recycle, 64 Gallon Green Waste 29.81$ Additional 35 Gallon Waste Container $3.92 3.92$ Additional 35 Gallon Waste Container 4.06$ Additional 35 Gallon Waste Container 4.06$ Additional 64 Gallon Waste Container $5.24 5.24$ Additional 64 Gallon Waste Container 5.42$ Additional 64 Gallon Waste Container 5.42$ Additional 96 Gallon Waste Container $6.54 6.54$ Additional 96 Gallon Waste Container 6.77$ Additional 96 Gallon Waste Container 6.77$ Additional 64 Gallon Green Waste Container (in excess of two) $7.58 7.58$ Additional 64 Gallon Green Waste Container (in excess of two) 7.85$ Additional 64 Gallon Green Waste Container (in excess of two) 10.85$ Additional 64 Gallon Recycling Container (in excess of two) $2.15 2.15$ Additional 64 Gallon Recycling Container (in excess of two) 2.23$ Additional 64 Gallon Recycling Container (in excess of two) 5.23$ Senior Rate 35 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste $14.41 2.27$ 16.68$ Senior Rate 35 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste 17.26$ Senior Rate 35 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste 16.82$ Senior Rate 64 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste $17.29 2.27$ 19.56$ Senior Rate 64 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste 20.24$ Senior Rate 64 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste 19.51$ Senior Rate 96 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste $19.91 2.27$ 22.18$ Senior Rate 96 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste 22.96$ Senior Rate 96 Gal. Waste, 64 Gal. Recycle, 64 Gal. Green Waste 21.95$ Recycling/Green waste contamination fee - Per occurrence $12.11 12.11$ Recycling/Green waste contamination fee - Per occurrence 12.53$ Recycling/Green waste contamination fee - Per occurrence 12.53$ Cart Replacement due to loss or misuse - Per cart $96.32 96.32$ Cart Replacement due to loss or misuse - Per cart 99.69$ Cart Replacement due to loss or misuse - Per cart 99.69$ Extra Pickup $37.34 37.34$ Extra Pickup 38.65$ Extra Pickup 38.65$ Reactivation Service Fee after non-payment cutoff (includes cart delivery) - Per trip $38.54 38.54$ Reactivation Service Fee after non-payment cutoff (includes cart delivery) - Per trip 39.89$ Reactivation Service Fee after non-payment cutoff (includes cart delivery) - Per trip 39.89$ Cart Walk-In/Push Out Service (Valet) Surcharge - Per month $15.75 15.75$ Cart Walk-In/Push Out Service (Valet) Surcharge - Per month 16.30$ Cart Walk-In/Push Out Service (Valet) Surcharge - Per month 16.30$ Residential non service day Bulky Item Pick Up $93.37 93.37$ Residential non service day Bulky Item Pick Up 96.64$ Residential non service day Bulky Item Pick Up 96.64$ Contamination/Overage Fee - (after 2 notices in any 12 month period) 20.00$ Residential AB939 Fee–per refuse container, Standard rate customer $1.49 1.49$ Residential AB939 Fee–per refuse container, Standard rate customer 1.54$ Residential AB939 Fee – per refuse container, Senior rate customers $0.53 0.53$ Residential AB939 Fee – per refuse container, Senior rate customers 0.55$ Residential AB939 Fee–per refuse container, Standard rate customer 1.54$ Residential AB939 Fee – per refuse container, Senior rate customers 0.55$ Residential AB1383 Fee–per refuse container, Standard rate customer 1.29$ Residential AB1383 Fee – per refuse container, Senior rate customers 0.46$

* AB 939 fee is in addition to above listed rates and applies to all residential service customers. * AB 939 fee is in addition to above listed rates and applies to all residential service customers. * AB 939/1383 fee is in addition to above listed rates and applies to all residential service customers.

Residential Rate Sheets
Current Rates
Proposed Rates
Bin Size (Cubic
Yard)
Bin Size (Cubic
Yard)
1 2 3 4 5 6 Extra PU 1 2 3 4 5 6 Extra PU

1.5 $194.15 $264.99 $335.50 $406.52 $577.38 $581.43 $145.61 1.5 $107.90 $178.03 $248.16 $318.30 $388.43 $458.57 $80.93 2 $205.57 $278.77 $349.86 $421.95 $493.77 $599.61 $154.16 2 $138.73 $228.90 $319.07 $409.24 $499.41 $589.58 $104.05 3 $224.93 $299.75 $374.64 $449.49 $524.33 $632.55 $168.69 3 $200.38 $330.63 $460.88 $591.13 $721.37 $851.62 $150.29 4 $240.63 $321.87 $399.48 $477.07 $554.58 $665.54 $180.47 4 $262.04 $432.36 $602.69 $773.01 $943.33 $1,113.66 $196.53 6 $249.75 $366.16 $449.18 $532.11 $614.05 $731.46 $187.31 6 $400.76 $661.26 $921.76 $1,182.25$1,442.75$1,703.24 $300.57 Bin Size (cubic
yard)
Bin Size (cubic
yard)
1 2 3 4 5 6 Extra PU 1 2 3 4 5 6 Extra PU
2 $ 259.91 $ 519.82 $ 779.74 $ 1,039.66 $ 1,299.57 $ 1,559.48 $ 194.93 2 $ 400.76 $ 661.26 $ 921.76 $ 1,182.25 $ 1,442.75 $ 1,703.24 $300.57 3 $ 562.31 $ 749.36 $ 936.57 $ 1,123.71 $ 1,310.80 $ 1,581.33 $ 421.74 3 $ 601.14 $ 991.89 $ 1,382.63 $ 1,773.38 $ 2,164.12 $ 2,554.87 $450.86 4 $ 865.97 $ 1,154.01 $ 1,442.32 $ 1,730.52 $ 2,018.64 $ 2,435.24 $ 649.49 4 $ 801.53 $ 1,322.52 $ 1,843.51 $ 2,364.50 $ 2,885.49 $ 3,406.49 $601.15 Bin Size (Cubic
Yard)
Bin Size (Cubic
Yard)
1 2 3 4 5 6 Extra PU 1 2 3 4 5 6 Extra PU
One 96 Gal -Fri.

Only
$0.00 N/A N/A N/A N/A N/A N/A One 96 Gal -Fri.

Only
$0.00 $75.34 $111.03 $146.71 $182.40 $218.09 N/A
96 - Gal, 2 carts or
more, per cart Fri
Only
$29.85 N/A N/A N/A N/A N/A N/A 96 - Gal, 2 carts or
more, per cart Fri
Only
$39.65 $75.34 $111.03 $146.71 $182.40 $218.09 $29.74

1.5 $0.00 $0.00 $49.20 $87.22 $126.35 $164.38 $44.11 1.5 $79.30 $150.68 $222.05 $293.43 $364.80 $436.18 $59.48 2 $0.00 $0.00 $50.31 $95.04 $129.72 $168.85 $44.11 2 $81.11 $154.11 $227.10 $300.10 $373.10 $446.10 $60.83 3 $0.00 $0.00 $52.56 $97.28 $137.54 $180.03 $44.11 3 $84.73 $160.99 $237.25 $313.50 $389.76 $466.02 $63.55 4 $0.00 $0.00 $55.91 $100.64 $145.37 $190.11 $44.11 4 $90.11 $171.21 $252.31 $333.41 $414.51 $495.61 $67.58 6 $0.00 $0.00 $64.86 $114.07 $163.27 $213.59 $44.11 6 $104.54 $198.62 $292.71 $386.79 $480.87 $574.96 $78.41 Bin Size (cubic
yard)
Bin Size (cubic
yard)
1 2 3 4 5 6 Extra PU 1 2 3 4 5 6 Extra PU
64-Gallon Cart $ 95.31 $ 190.60 $ 285.91 $ 381.20 $ 476.50 $ 571.81 N/A 64-Gallon Cart $ 77.07 $ 146.43 $ 215.80 $ 285.16 $ 354.52 $ 423.88 $57.80 2 $ 393.35 $ 786.69 $ 1,180.04 $ 1,573.38 $ 1,966.72 $ 2,360.07 N/A 2 $ 154.14 $ 292.87 $ 431.59 $ 570.32 $ 709.04 $ 847.77 $115.61 Rate Rate
118.18$ 124.29$

56.72$ 59.65$
285.99$ 300.78$
101.15$ 106.38$

13.84$ 14.56$
101.15$ 106.38$

28.61$ 30.09$

35.49$ 37.32$

47.21$ 49.65$

67.44$ 70.93$
134.87$ 141.84$
105.11$ Up to 3 cu. yards 110.54$ Up to 3 cu. yards 184.94$ Per unit per month 194.50$ Per unit per month

27.95$ 29.40$
COMMERCIAL & MULTI-FAMILY BIN COLLECTION AND DISPOSAL MONTHLY FEES:
2022-2023 Frequency of Collection (No. of collections per week) *6th day (Saturday) service available for customers with service everyday Monday thru Friday only.

Commercial AB939 Fee – 3.0% in addition to above listed fees charge applies to all commercial service customers. * No bin rental or installation fee on permanent commercial containers RATES EFFECTIVE July 1, 2022
Commercial & Multi-Family Compactor Bin Collection and Disposal Monthly Rates 2022-2023 Frequency of collection
*6th day (Saturday) service available for customers with service everyday Monday thru Friday only.

Commercial AB939 Fee – 3.0% in addition to above listed fees charge applies to all commercial service customers.

Contamination fee Per bin per occurrence
COMMERCIAL & MULTI-FAMILY RECYCLING MONTHLY RATES:
2022-2023 Frequency of Collection (No. of collections per week) *6th day (Saturday) service available for customers with service everyday Monday thru Friday only.

Commercial AB939 Fee – 3.0% in addition to above listed fees charge applies to all commercial service customers. * No bin rental or installation fee on permanent commercial containers Organics Bin Collection and Processing Monthly Rates 2022-2023 Frequency of collection
*6th day (Saturday) service available for customers with service everyday Monday thru Friday only.

Commercial AB939 Fee – 3.0% in addition to above listed fees charge applies to all commercial service customers. * No bin rental or installation fee on permanent commercial containers Roll out or push out service (Valet service) Per bin per # of service days a week Locking lid Per bin per month
Relocation fee Per bin per occurrence
Lock replacement Per occurrence
Scheduled commercial bulky item collection Up to 3 cu. yards Reactivation fee after non-payment cutoff
Graffiti Removal fee
"Hard to Service" fee
Unscheduled commercial bulky item collection
Tilt Hopper
Other Fees
Service Unit
Per occurrence
City administrative fee - impound illegal receptacle Per occurrence

1.5-Yd bin EOW service
Snapshot Overage fee
COMMERCIAL & MULTI-FAMILY BIN COLLECTION AND DISPOSAL MONTHLY FEES:
2022-2023 Frequency of Collection (No. of collections per week) *6th day (Saturday) service available for customers with service everyday Monday thru Friday only.

Commercial AB939 Fee – 3.0% in addition to above listed fees charge applies to all commercial service customers. * No bin rental or installation fee on permanent commercial containers RATES EFFECTIVE July 1, 2023
Commercial & Multi-Family Compactor Bin Collection and Disposal Monthly Rates 2022-2023 Frequency of collection
*6th day (Saturday) service available for customers with service everyday Monday thru Friday only.

Commercial AB939 Fee – 3.0% in addition to above listed fees charge applies to all commercial service customers.

COMMERCIAL & MULTI-FAMILY RECYCLING MONTHLY RATES:
2022-2023 Frequency of Collection (No. of collections per week) *6th day (Saturday) service available for customers with service everyday Monday thru Friday only.

Commercial AB939 Fee – 3.0% in addition to above listed fees charge applies to all commercial service customers. * No bin rental or installation fee on permanent commercial containers Organics Bin Collection and Processing Monthly Rates 2022-2023 Frequency of collection
*6th day (Saturday) service available for customers with service everyday Monday thru Friday only.

Commercial AB939 Fee – 3.0% in addition to above listed fees charge applies to all commercial service customers. * No bin rental or installation fee on permanent commercial containers Other Fees
Relocation fee Per bin per occurrence
Service Unit
Per occurrence
City administrative fee - impound illegal receptacle Per occurrence Roll out or push out service (Valet service) Per bin per # of service days a week Graffiti Removal fee
"Hard to Service" fee
Unscheduled commercial bulky item collection
Tilt Hopper
Per occurrence
Per occurrence

1.5 $194.15 $264.99 $335.50 $406.52 $577.38 $581.43 $145.61 1.5 $107.90 $178.03 $248.16 $318.30 $388.43 $458.57 $80.93 2 $205.57 $278.77 $349.86 $421.95 $493.77 $599.61 $154.16 2 $138.73 $228.90 $319.07 $409.24 $499.41 $589.58 $104.05 3 $224.93 $299.75 $374.64 $449.49 $524.33 $632.55 $168.69 3 $200.38 $330.63 $460.88 $591.13 $721.37 $851.62 $150.29 4 $240.63 $321.87 $399.48 $477.07 $554.58 $665.54 $180.47 4 $262.04 $432.36 $602.69 $773.01 $943.33 $1,113.66 $196.53 6 $249.75 $366.16 $449.18 $532.11 $614.05 $731.46 $187.31 6 $400.76 $661.26 $921.76 $1,182.25 $1,442.75 $1,703.24 $300.57 Bin Size (cubic
yard)
Bin Size (cubic
yard)
1 2 3 4 5 6 Extra PU 1 2 3 4 5 6 Extra PU
2 $ 259.91 $ 519.82 $ 779.74 $ 1,039.66 $ 1,299.57 $ 1,559.48 $ 194.93 2 $ 400.76 $ 661.26 $ 921.76 $ 1,182.25 $ 1,442.75 $ 1,703.24 $300.57 3 $ 562.31 $ 749.36 $ 936.57 $ 1,123.71 $ 1,310.80 $ 1,581.33 $ 421.74 3 $ 601.14 $ 991.89 $ 1,382.63 $ 1,773.38 $ 2,164.12 $ 2,554.87 $450.86 4 $ 865.97 $ 1,154.01 $ 1,442.32 $ 1,730.52 $ 2,018.64 $ 2,435.24 $ 649.49 4 $ 801.53 $ 1,322.52 $ 1,843.51 $ 2,364.50 $ 2,885.49 $ 3,406.49 $601.15 Bin Size (Cubic
Yard)
Bin Size (Cubic
Yard)
1 2 3 4 5 6 Extra PU 1 2 3 4 5 6 Extra PU
One 96 Gal -Fri.