RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON APPROVING AN EXCLUSIVE FRANCHISE AGREEMENT FOR SOLID WASTE HANDLING SERVICES WITH REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, DBA REPUBLIC SERVICES.
WHEREAS, Republic Waste Services of Southern California, LLC, a Delaware limited liability company, dba Republic Services (“Republic Services”) holds an exclusive franchise agreement with the City of Fullerton (the “City”) to provide Solid Waste Handling Services which terminates on June 30, 2027.
WHEREAS, Pursuant to California Public Resources Code Section 40059(a)(1), the City Council has determined that the public health, safety and welfare require that a new exclusive franchise agreement be awarded to a qualified solid waste enterprise for Solid Waste Handling Services within the City Limits.
WHEREAS, the City has engaged in a processes whereby it solicited proposals to assist it in the selection of a qualified solid waste enterprise for the award of a new franchise agreement.
WHEREAS, on October 6, 2026 the City Council determined that Republic Services is qualified to provide solid waste handling services in the City and that the proposal it presented provided the best value for residents and business in the City.
WHEREAS, City and Republic Services now desire to enter into that certain agreement, attached hereto as Exhibit A entitled “Agreement Between City Of Fullerton and Republic Waste Services of Southern California, LLC, a Delaware limited liability Company, dba Republic Services, for Solid Waste Handling Services” (the “Franchise Agreement”) for the purpose of setting forth their agreements and understandings with respect to the Franchise Agreement.
WHEREAS, Republic Services is a subsidiary of Republic Services, Inc., a Delaware Corporation (“Republic Inc.”).
WHEREAS, Republic Inc. has agreed to guarantee Republic Services performance under the Franchise Agreement pursuant to a written guarantee.
WHEREAS, California Public Resources Code Section 49300 requires the City Council to approve the terms of the Franchise Agreement with Republic Services pursuant to a resolution.
WHEREAS, the provision of Solid Waste Handling Services is an activity supported in part through a public agency contract and therefore may be considered a "project" under the California Environmental Quality Act ("CEQA") (Pub. Res. Code §§ 21000 et seq.) (14 Cal. Code Regs. § 15378(a)(2)).
WHEREAS, it can be seen with certainty that there is no possibility that the proposed Agreement could have a significant effect on the environment in that the Agreement is merely the continuation of an existing service in the City.
THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, RESOLVES AS FOLLOWS:
SECTION 1. Each of the above recitals is true and correct and is adopted by the City Council.
SECTION 2. City Council finds that adoption of the Franchise Agreement is exempt from CEQA pursuant to CEQA Guidelines Sections 15060(c)(2), 15061(b)(3) and 15301(b) as the Franchise Agreement is the continued provision of public utility equivalent services, the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will they have the potential of creating a significant effect on the environment, and hence the Agreement is subject to the “common-sense” exemption set forth in the CEQA Guidelines.
SECTION 3. City Council hereby approves the Franchise Agreement and authorizes the Mayor to execute it on behalf of the City.
ADOPTED BY THE FULLERTON CITY COUNCIL ON OCTOBER 20, 2026. __________________________
Fred Jung
Mayor
ATTEST:
_____________________________
Lucinda Williams, MMC
City Clerk
Date
Resolution No. 2026-XXX
Page PAGE \* MERGEFORMAT 2