Attachment 1Attachment 1RESOLUTION NO. 24-152
Attachment 1
Attachment 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE AGREEMENT WITH CR&R INCORPORATED TO CONTINUE SOLID WASTE HANDLING SERVICES FOR TWO MONTHS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT, SETTING A PROPOSITION 218 HEARING FOR NOVEMBER 19, 2024 TO SET RATES, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, City and CR&R Incorporated entered into that certain Amended and Restated Agreement for Solid Waste Handling Services (the "2011 Agreement”) dated January 1, 2011; and WHEREAS, City and CR&R entered into that certain Amendment No. 1 to the 2011 Agreement on June 13, 2016 (“First Amendment”); and WHEREAS, City and CR&R entered into that certain Amendment No. 2 to 2011 Agreement on November 9, 2021 (“Second Amendment”); and WHEREAS, on September 26, 2022, City issued to CR&R a Notice of Termination of the automatic renewal of the 2011 Agreement, as amended, which resulted in an expiration date of June 30, 2024; and WHEREAS, on July 1, 2024, City and CR&R entered into that certain Amendment No. 3 to the 2011 Agreement (“Third Amendment”), which extended the term through October 31, 2024; and WHEREAS, the 2011 Agreement as amended by the First, Second and Third Amendment are referred to hereafter as the “Franchise Agreement”; and WHEREAS, the City must adjust services to comply with recent California law including Senate Bill 1383 which imposes significant obligations with regard to the collection and processing of organic materials; and WHEREAS, in June of 2022, MSW Consultants prepared a report titled “Recommendation Regarding the City’s Solid Waste and Franchise Agreement with CR&R”, which provided information related to trends within the industry, information about the market, a list of companies providing solid waste and recycling services within Orange County, an overview of the franchise agreements, and recommendations for the City, including a recommendation to negotiate with CR&R for a revised agreement; and WHEREAS, the City has been in the process of negotiating a revision of its Franchise Agreement with CR&R to comply with California law and to modernize and standardize its Franchise Agreement and collection rates; and WHEREAS, the City engaged a consultant to conduct a Program Fee Cost-of-Service Study in connection with setting new rates.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
Section 1. That the above recitals are true and correct and incorporated herein as findings.
Section 2. That this project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and there is no reasonable possibility that the activity will have a significant direct or foreseeable indirect effect on the environment.
Section 3. That Amendment No. 4 to the Franchise Agreement with CR&R is hereby approved to continue Solid Waste Handling for two months through December 31, 2024.
Section 4. That the City Manager is authorized and directed to execute Amendment No. 4 to the Franchise Agreement with CR&R and in a form substantially similar to that presented to the City Council on October 1, 2024.
Section 5. That a Public Hearing under Proposition 218 to review the Program Fee Cost-of-Service Study and proposed new agreement with CR&R, to hear protests to the proposed solid waste service collection rates and revised methodology, and to set new rates and fees is hereby set for November 19, 2024 at 6 p.m. or as soon thereafter as the matter may be heard at the regular City Council meeting.
Section 6. That City staff is authorized and directed to mail notice of said Public Hearing in accordance with Proposition 218, to take such other and further actions consistent with applicable law in connection with the holding and setting of said Public Hearing and to take such other and further actions as may be necessary and proper to accomplish the purposes of this resolution.
Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2024.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-152 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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4888-7080-6249 v2
Resolution No. 24-152 Page 2