Resolution No. 2024-007
A Resolution of the City Council of the City of FONTANA, CALIFORNIA APPROVING THE SECOND AMENDMENT TO THE INTEGRATED SOLID WASTE AGREEMENT WITH BURRTEC WASTE INDUSTRIES, INC. AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on or about January 1, 1997, the City of Fontana (the “City”) and Burrtec Waste Industries, Inc. (“Contractor”) entered into that certain Integrated Solid Waste Agreement (the “Agreement”) under which Contractor agreed to provide solid waste handling and collection services; and WHEREAS, on or about December 28, 2022, the City and Contractor entered into the First Amendment to the Agreement (“First Amendment”) to implement changes required by SB 1383 and the SB 1383 Regulations as defined in Section 24-1 of Article 1 of Chapter 24 of the Fontana Municipal Code; and WHEREAS, the City and Contractor now desire to enter into a Second Amendment to the Agreement (the “Second Amendment”) to update existing contract language and to add street sweeping services and household hazardous waste facility services.
Now, Therefore, be it Resolved by the City Council of the City of Fontana, California, as follows:
Section 1: Recitals. The above recitals are true, correct, and by this reference incorporated herein.
Section 2: CEQA. This Resolution is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Resolution is exempt from the requirements of CEQA because it will not have a significant effect on the environment.
Section 3: Approval. The Second Amendment, attached hereto and incorporated by reference herein as Exhibit “A,” is hereby approved, and the City Manager, or designee, is authorized to execute and deliver the Second Amendment, as well as all other documents necessary or appropriate to effectuate the Second Amendment, on behalf of the City.
APPROVED AND ADOPTED this 27th day of February, 2024.
READ AND APPROVED AS TO LEGAL FORM:
_____________________________
Ruben Duran, City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, 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 27th day of February, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Germaine McClellan Key, City Clerk
______________________________
Acquanetta Warren, Mayor
ATTEST:
______________________________
Germaine McClellan Key, City Clerk
Attachments:
Exhibit A – Second Amendment to Integrated Waste Agreement