20-868RESOLUTION NO. 20.868
A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF MENIFEE APPROVING AN AMENDED AND
RESTATED FRANCHISE AGREEMENT FOR SOLID
WASTE HANDLING SERVICES WITH USA WASTE OF
CALIFORNIA, lNC., dba WASTE MANAGEMENT OF THE
INLAND EMPIRE
WHEREAS, on December 21, 2010, the City of Menifee ("City") and USA Waste
of California, lnc. entered into that certain Solid Waste Franchise Agreement (the
"Original Franchise Agreement."); and
WHEREAS, since the Original Franchise Agreement was entered into, the State
of California has adopted various laws and regulations mandating changes to the
handling of that portion of the solid waste stream known as organic waste, which
includes food waste and green waste, including by adopting AB 1826 mandating
commercial organic waste recycling, AB 1594 prohibiting the application of so-called
diversion credit when green waste is used as alternative daily cover in landfills, and SB
1383 mandating residentia! organic waste recycling; and
WHEREAS, City staff and USA Waste of California, dba Waste Management of
the lnland Empire ("Contractor'') have negotiated an Amended and Restated Franchise
Agreement for Solid Waste Handling Services ("Franchise Agreement") for the purpose
of, among other things, adding organics recycling programs, and othenuise amending
the manner in which organics are currently handled by Contractor, as mandated by the
State of California; and
WHEREAS, California Public Resources Code Section 49300 requires the City
Council to approve the terms of the proposed Franchise Agreement 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(aX2)); anO
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 Franchise
Agreement is merely the continuation of an existing service in the City.
NOW, THEREFORE, BE lT RESOLVED, that the City Council of the City of
Menifee does hereby resolve as follows:
SECTION 1. Each of the above recitals is true and correct and is adopted by the City
Council.
882/03 I 858-0003
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SECTION 2. The City Council finds that the approval of the Franchise Agreement is
exempt from CEQA under the "common-sense" exemption set forth in CEQA Guidelines
section 15061(bX3)
SECTION 3 The City Council hereby approves the Franchise Agreement and
authorizes the City fVlanager to execute it upon delivery to City of signed copies of all
documents required of Contactor.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Menifee City
Council held on this 4 day of March 2020.
ry
ATTEST:
APPROVED AS TO FOR]T/:
City Attorney
882/03 I 858-0003
14711737.2 a02126120
A.
1-L-
STATE OF CALTFORNTA )
COUNTY OF RIVERSIDE ) ss
crTY oF MENTFEE )
l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Resolution No. 20-868 was duly adopted by the City Council of the City of Menifee at a meeting
thereof held on the 4th day of March 2020 by the following vote:
Ayes: August, Deines, Liesemeyer, ZimmermanNoes: NoneAbsent: SobekAbstain. None
A. Ma , city
16ENIFEE
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