Resolution Number 20-02-04-03RESOLUTION NO. 20-02-04-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE AMENDED AND RESTATED
AGREEMENT FOR SOLID WASTE HANDLING SERVICES BETWEEN THE
CITY OF SAN JUAN CAPISTRANO AND CR&R INCORPORATED AND
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED AND RESTATED
AGREEMENT FOR SOLID WASTE HANDLING SERVICES
WHEREAS, on December 17, 1996, the City of San Juan Capistrano ("City") and
Solag Disposal entered into that certain agreement for Solid Waste Handling Services (the
"Agreement"); and
WHEREAS, on February 15, 2000, the City approved the transfer and assignment of
the Agreement to CR&R Incorporated (CR&R); and
WHEREAS, the Agreement between CR&R Incorporated and the City has been
amended from time to time; and
WHEREAS, the current Agreement between CR&R Incorporated and the City will
expire June 30, 2020; and
WHEREAS, food waste has significant impacts on the environment, the economy, and
on food insecurity; and
WHEREAS, the State of California has enacted AB 1826 legislation establishing
mandatory standards for commercial organic waste recycling and edible food recovery; and
WHEREAS, the State of California has enacted AB 1594 legislation excluding green
waste disposed at landfills to be counted as landfill diversion recyclable credits; and
WHEREAS, the State of California has enacted SB 1383 legislation applicable to all
residential and commercial properties that establishes methane emissions reduction targets
resulting from the decomposition of organic waste in landfills; and
WHEREAS, SB 1383 mandated organic waste reduction and edible food recovery
targets and enforcement provisions include penalties for noncompliance; and
WHEREAS, the City Council desires to include and expand organic waste and edible
food regulatory compliance measures into franchise solid waste handling services; and
WHEREAS, the City Council desires to update and combine the Agreement, and
related amendments, into a new amended and restated agreement ("Amended and
Restated Agreement") which will supersede the City's current Agreement dated February
18, 2014, and related amendments, with CR&R Incorporated; and
WHEREAS, San Juan Capistrano Municipal Code Section 6-3.04 and Public
Resources Code Sections 50059 and 49300 permit the City Council to contract for solid
waste collection services with or without bidding and subject to the terms and conditions set
forth by City ordinance or resolution; and
2/4/2020
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby declare as follows:
1. The above recitals are true and correct and incorporated into this Resolution by
reference.
2. The City Council hereby agrees to enter into the Amended and Restated
Agreement with CR&R Incorporated, subject to the terms set forth in this
Resolution and the Amended and Restated Agreement, which is attached hereto as
Exhibit "K and incorporated herein by this reference.
3. The City Council hereby authorizes the Mayor to execute the Amended and
Restated Agreement on behalf of the City.
PASSED, APPROVED, AND ADOPTED this 411 day of February 2020.
-4PO?
TROY A. BOURNE, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 20-02-04-03 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 41h
day of'Ftebruary 2020, by the following vote:
L MEMBERS: Reeve, Maryott, Farias, Taylor and Mayor Bourne
L MEMBERS: None
IL MEMBERS: None
W�
2/4/2020