Attachment 1Attachment 1RESOLUTION NO. 26-73
Attachment 1
Attachment 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A WASTE INFRASTRUCTURE SYSTEM ENTERPRISE (WISE) AGREEMENT WITH ORANGE COUNTY WASTE AND RECYCLING, APPROVING A FIRST AMENDMENT TO 2ND AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SAN CLEMENTE AND CR&R, INC, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS AND FINDING THE CONTRACTS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR 15301), SECTION 15301 OF THE STATE CEQA GUIDELINES WHEREAS, the City has an existing Waste Disposal Agreement with the County of Orange (the “County”) which requires the City to dispose of all specified solid waste generated within the City to County landfills and for the County to accept all such waste at a price agreed upon by the City and County; and WHEREAS, the Waste Disposal Agreement became effective on or about July 23, 2009; and WHEREAS, an Amendment No. 1 to the Waste Disposal Agreement was negotiated between the County and various cities throughout Orange County to provide for continuation of importation of waste from outside the County at County landfills in exchange for allocation to the cities of a portion of future importation revenues and to extend the terms of this activity within the Agreement to June 30, 2025; and WHEREAS, Amendment No. 2 to the Agreement was approved to provide a one-year extension through June 30, 2026 to allow for negotiation and finalization of a new agreement; and WHEREAS, the Orange County City Manager Association (OCCMA) and Orange County Waste and Recycling (OCWR) negotiated a Waste Infrastructure System Enterprise (WISE) Agreement to ensure long term disposal of solid waste, including fixed disposal pricing for three years, followed by a true up in costs which is subject to CPI increases, review and oversight of OCWR’s financial status, and removal of the requirement that all organic waste is sent to OCWR; and WHEREAS, continuing organic waste processing with CR&R at its Anaerobic Digester in Perris provides the City with a cost-effective solution to meet SB 1383 regulatory diversion requirements; and WHEREAS, it’s in the best interest of the City and public to enter into a WISE Agreement for municipal solid waste disposal to ensure lower rates for City customers and City staff should follow the development of organic waste processing as its developed by OCWR; and WHEREAS, the City contracts for collection and disposal of municipal waste with CR&R, Incorporated; and WHEREAS, City and CR&R, Incorporated entered into that certain Amended and Restated Agreement for Solid Waste Handling Services dated January 1, 2011; and WHEREAS, City and CR&R, Incorporated entered into that certain 2nd Amended and Restated Agreement for Solid Waste Handling Services dated November 19, 2024; and WHEREAS, due to the expiration of the WDA and negotiated WISE Agreement with OCWR, the City and CR&R, Incorporated wish to enter into a First Amendment to the 2nd Amended and Restated Agreement to clarify the reference to the existing WDA and make minor modifications to include the WISE Agreement.
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 fully as findings.
SECTION 2. That this contract 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. Approve the WISE Agreement with the County of Orange for municipal solid waste disposal rates and services.
SECTION 4. Approve the First Amendment to the 2nd Amended and Restated Agreement between the City and CR&R.
SECTION 5. Authorize the City Manager to execute the WISE Agreement and a Second Amended and Restated Agreement between the City and CR&R Incorporated for Solid Waste Handling Services.
SECTION 6. 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 ____________________, 2026.
ATTEST:
___________________________ ________________________
City Clerk of the City of Rick Loeffler, Mayor of the City San Clemente, California of San 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. 26-73 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
4888-7080-6249 v2
Resolution No. 26-73 Page 2