HomeMy WebLinkAboutResolution - 3926Resolution No. 3926
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STATE OF CALIFORNIA) RESOLUTION NO. 3926
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
SB 1383 COMPLIANCE FEE FOR NON-RESIDENTIAL
SOLID WASTE SERVICES WITH CR&R INCORPORATED.
WHEREAS, CITY and CONTRACTOR entered into a certain Agreement for the
Collection and Handling of Solid Waste dated March 17, 2005 (the "2005 Franchise
Agreement"); and
WHEREAS, CITY and CONTRACTOR entered into a certain First Amendment to
the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated
April 15, 2010 (the "First Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Second Amendment
to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated
dated December 17, 2012 (the "Second Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Third Amendment to
the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated
January 3, 2017 (the "Third Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Fourth Amendment
to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated
dated June 16, 2020 (the "Fourth Amendment"); and
WHEREAS SB 1383 (Chapter 395, Statutes of 2016) directed local agencies to
divert organic waste from landfills and help reduce food insecurity, and regulations
promulgated by the California Department of Resources Recycling and Recovery require
the City to provide organic waste collection services and implement said regulations
within the City; and
WHEREAS, CITY and CONTRACTOR recognize that the cost of compliance with
SB 1383, including additional personnel costs, reporting requirement costs, public
education costs, hardware and software costs, auditing and material characterization
costs, and general compliance costs, constitute extraordinary costs as defined by the
Franchise Agreement for CONTRACTOR above and beyond the consumer price index
(CPI).
DocuSign Envelope ID: C9817E12-BE53-460E-89C4-3839DEA08C95
Resolution No. 3926
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NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. A SB 1383 Compliance Fee ("Compliance Fee") equal to 4.3% on all rates
other than standard residential service rates shall be assessed for the
period of July 1, 2022, through and including July 1, 2025. The Compliance
Fee is in addition to the annual landfill tipping fee adjustments and the
inflation adjustment previously approved for a five -year period
commencing July 1, 2021, through and including July 1, 2025, pursuant to
Section 8.d. of the Franchise Agreement.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on June
21, 2022, by the following vote:
AYES: Ruiz, Hawkins, Heath, Ledezma
NAYS: None
ABSENT: Ayala
ABSTAIN: None
CITY OF SAN JACINTO:
_______________________
Crystal Ruiz, Mayor
ATTEST:
_____________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
__________________________
Michael J. Maurer, City Attorney
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Resolution No. 3926
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF SAN JACINTO )
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do
hereby certify that the foregoing Resolution No. 3926 was introduced at a regular meeting
of the City Council of the City of San Jacinto on June 21, 2022. Resolution No. 3926 was
passed, approved, and adopted by the City Council of the City of San Jacinto, California, at
a regular meeting of the City Council held on June 21, 2022:
AYES: Ruiz, Hawkins, Heath, Ledezma
NAYS: None
ABSENT: Ayala
ABSTAIN: None
WITNESS MY HAND AND SEAL the 21st day of June 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto
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