RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA APPROVING First Amendment to the Integrated Waste Agreement BETWEEN THE CITY OF FONTANA AND Burrtec Waste Industries, Inc. AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Burrtec Waste Industries, Inc. (“Burrtec”) provides solid waste collection services within the City of Fontana (“City”) pursuant to an exclusive solid waste franchise agreement; and WHEREAS, on January 1, 1997, the City and Burrtec entered into an Integrated Solid Waste Agreement Between the City of Fontana and Burrtec Waste Industries, Inc. (the “Agreement”); and WHEREAS, since the approval of the original agreement, California law changed to now require the City to implement additional solid waste diversion programs that were not included as part of the original agreement; and WHEREAS, as a result of regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016) that took effect January 1, 2022, organic waste can no longer be disposed of in landfills and organic waste collection services must be provided to all residents and businesses; and WHEREAS, the City wishes to amend the Agreement to reflect the additional services that Burrtec will perform for solid waste collection services, update the index used for inflationary adjustments, and make other changes to the Agreement.
NOW, THEREFORE, the City Council of the City of Fontana does hereby resolve, determine, and order as follows:
The above recitals are all true and correct and are incorporated herein.
Section 1. The City Council hereby approves the First Amendment to Integrated Solid Waste Agreement Between the City of Fontana and Burrtec Waste Industries, Inc., attached hereto as Exhibit “A” and incorporated herein by this reference.
Section 2. This Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). This Resolution 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 amendment to the franchise agreement 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. If the actions were considered a project, they would be exempt under CEQA Guidelines Sections 15307 and 15308, as an action by a regulatory agency taken to protect the environment and natural resources, and 15061(b)(3), as these existing services are continuing with additional services provided to implement requirements of state law. The documents and materials that constitute the record of proceedings on which these findings have been based are located 8353 Sierra Avenue, Fontana, CA 92335. The custodian for these records is the City Clerk of the City.
Section 3. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
Section 4. This Resolution shall take effect immediately upon adoption.
Section 5. The City Manager or his or her designee is hereby authorized to take all actions necessary to implement this Resolution.
Section 6. The City Clerk shall certify to the passage and adoption of this Resolution.
APPROVED AND ADOPTED this 13th day of December, 2022.
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Acquanetta Warren, Mayor
ATTEST:
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Germaine McClellan Key
City Clerk
I, Germaine McClellan Key, City Clerk of the City of Fontana, California, hereby certify that the foregoing Resolution is the actual resolution that was duly and regularly adopted by the City Council of the City of Fontana at a regular meeting on the 13th day of December, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
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Germaine McClellan Key
City Clerk
EXHIBIT A
First Amendment to Integrated Solid Waste Agreement
Between the
City of Fontana and Burrtec Waste Industries, Inc.
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