R-130-22 Adopting Rates for Solid Waste Collection Services Approving First Amendment to Amended and Restated Agreement Between the City of Colton and CR&R

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Bernardino-Ontario, CA, as determined by the United States Department of Labor Statistics. In no event will the annual adjustment for the inflationary adjustment discussed in this paragraph exceed the actual change in value in any year. B. Tipping Fees. The Tipping Fee Component of the maximum rates provided in Exhibit A is based on the estimated average cost per ton for disposal, and for Recyclables and Organic Waste, the estimated average cost per ton of processing, for all-tons of Solid Waste projected to be collected by CR&R for the rate year(July 1 —June 30), as adjusted for the average annual change in the Consumer Price Index for All Urban Consumers for the Riverside-San Bernardino-Ontario, CA Metropolitan Area (CUURS49CSA0) (not seasonally adjusted), as determined by the United States Department of Labor Statistics. These adjustments will occur beginning July 1,2023 and every July 1 thereafter,through and including July 1,2027. In no event will the annual adjustment for the Tipping Fees discussed in this paragraph exceed the actual change in value in any year. SECTION 4. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail. SECTION 5. Franchise Agreement Amendment. The City Council hereby approves the Amendment to the Agreement, as set forth in Exhibit B, attached hereto and incorporated by this reference. The City Manager is hereby authorized to execute the Amendment to the Agreement and take all further actions necessary thereto. SECTION 6. This Resolution is not subject to the requirements of the California Environmental Quality Act ("CEQA"). This Resolution is not a "project" within the meaning of Section 15378 of Title 14 of the California Code of Regulations ("State CEQA Guidelines") because it has no potential for resulting in direct or indirect physical change in the environment. The approval of the franchise agreement is exempt from CEQA review because it does not constitute a project under CEQA pursuant to Section 15378(b)(5) of the State CEQA Guildelines, which provides that organizational and administrative activities of governments that will not result in physical changes in the environment are not considered projects for CEQA purposes. The City Council hereby finds that the administration, operation, maintenance, and improvements of the solid waste collection system, which are to be funded by the Charges and reflected in the Amendment,are necessary to maintain solid waste services within the City's existing service area. The City Council further finds that such Charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. Based on these findings, the City Council hereby determines that this Resolution is statutorily exempt from the requirements of CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a). The documents and materials that constitute the record of proceedings on which these findings have been based are located at 650 N La Cadena Drive, Colton, CA 92324. The custodian of these records is the City Clerk of the City. SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional,or invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council 23152.06040\40409419.1