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` <br />Resolution No. 2021-XXX <br />Page 2 of 3 <br /> <br /> WHEREAS, the City Council has adopted regulations for the collection of solid <br />waste, appearing at Article II of Chapter 16 of the Santa Ana Municipal Code; and <br /> <br /> WHEREAS, the City currently contracts with Waste Management Collection and <br />Recycling, Inc., a California corporation dba Waste Management of Orange County for <br />exclusive collection and handling of solid waste; and <br /> <br /> WHEREAS, the City intends to award to Arakelian Enterprises, Inc. dba Athens <br />Services a new, exclusive agreement for the collection and handling of solid waste, <br />following issuance of Request for Proposals No. 20-097, dated March 24, 2020, and <br />under the terms and conditions described therein, as further negotiated by the parties; <br />and <br /> <br /> WHEREAS, the new agreement allows Athens Services to provide exclusive solid <br />waste collection and related services within the City from July 1, 2022 through June 30, <br />2032, with option for extension; and <br /> <br /> WHEREAS, following a duly noticed public hearing pursuant to Section 1303 of <br />the City Charter, the City Council awards the new agreement under the authorities <br />specified above and subject to further compliance with California Constitution Article XIIID <br />(Proposition 218) and the Proposition 218 Omnibus Implementation Act (Govt. Code <br />Sections 53750 et. seq.); and <br /> <br /> WHEREAS, given that the agreement will provide for the continued collection of <br />solid waste in the service areas as it currently exists, the City Council finds and <br />determines that the requirements of the California Environmental Quality Act (“CEQA”) <br />have been satisfied, and this action on part of the City Council is exempt from CEQA <br />pursuant to the sections of the State CEQA Guidelines cited below. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa <br />Ana as follows: <br /> <br /> Section 1. The agreement attached to this resolution as Exhibit A and <br />incorporated by this reference is hereby approved subject to further compliance with <br />California Constitution Article XIIID (Proposition 218) and the Proposition 218 Omnibus <br />Implementation Act (Govt. Code Sections 53750 et. seq.), and the City Manager is hereby <br />authorized to execute the agreement on behalf of the City of Santa Ana. <br /> <br /> Section 2. The City Council finds and determines that this action is not subject <br />to the California Environmental Quality Act pursuant to the following sections of the State <br />CEQA Guidelines: Section 15301 (operation, repair, maintenance, permitting, leasing, <br />licensing, or minor alteration of existing public or private structures, facilities, mechanical <br />equipment, or topographical features, involving negligible or no expansion of existing or <br />former use); Section 15307 (actions by regulatory agencies for protection of natural <br />resources); Section 15308 (actions by regulatory agencies for protection of the <br />environment); and Section 15061(b)(3) (common sense exception).