Resolution Number 14-02-18-04 RESOLUTION NO. 14-02-18-04
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 and the City has been amended from
time to time; and
WHEREAS, the City Council desires to update and combine the Agreement, and
related amendments, into a new amended and restated agreement ("Amended and
U Restated Agreement") which will supersede the City's current Agreement, and related
amendments, with CR&R; and
WHEREAS, California Public Resources Code Section 49300 requires the City
Council to approve the terms of the proposed Amended and Restated Agreement with
CR&R pursuant to a City Council resolution; and
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)); and
WHEREAS, it can be seen with certainty that there is no possibility that the project
could have a significant effect on the environment in that the Amended and Restated
Agreement (i) is merely the continuation of an existing service in the City; and (ii) will not
result in an increase of trucks on City streets beyond those currently used in providing
these services.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan
Capistrano as follows:
SECTION 1. Each of the above recitals is true and correct and is adopted by the City
Council.
SECTION 2. The City Council finds that the approval of the Amended and Restated
Agreement is exempt from CEQA under the"common-sense"exemption set forth in CEQA
Guidelines section 15061(b)(3).
SECTION 3. The City Council hereby agrees to enter into the Amended and Restated
Agreement with CR&R, subject to the terms set forth in this Resolution and the Amended
and Restated Agreement, which is attached hereto as Exhibit"A"and incorporated herein
by this reference.
SECTION 4. The City Council hereby authorizes the Mayor to execute the Amended
and Restated Agreement on behalf of the City.
PASSED, APPROVED, AND ADOPTED this 18'h day of FEBRUARY 2014.
54",O��
.SAM ALLEVATO, MAYOR
ATTEST:
ARIA MORRI "TY CLERK
APPROVED AS TO FORM:
HANS VAN LIGTEN, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
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. 14-02-18-04 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 18th
day of February 2014, by the following vote:
AYES: COUNCIL MEMBERS: Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Byrnes
A T: COUNCIL M ER: Reeve
MA 1A MORRIS, Ci Clerk