R-071-14 Approving municipal solid waste and disposal service rates for FY 2014-15

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, pursuant to California Proposition 218 (Calif. Constitution, Article XIIID, Section 6) and California Assembly Bill 1260 (Calif. Government Code, Section 53755) at least 45 days prior to the hearing on this Resolution, the City has mailed, postage prepaid, a notice of the public hearing on the proposed solid waste rate increase to the address to which the City customarily mails the solid waste service bill, for each identified parcel upon which the increased rates are being proposed; WHEREAS, said notice identified: (1) the amount of the increased rate to be charged; (2) the basis upon which the rate increase was calculated; (3) the reason for the rate increase; and (4) the date, time, and location for the public hearing on the rate increase; WHEREAS, on July 15, 2014, at 6:00 p.m., the City Council conducted a duly noticed public hearing at which time all those wishing to be heard were afforded an opportunity to be heard, and at which time the City Council considered any and all written protests concerning the proposed solid waste rates; and WHEREAS, the City did not receive written protests from a majority of the identified parcels that would be subject to the proposed rates; and WHEREAS, all other prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS: Based upon its review of the Staff Report, and upon the written and verbal evidence presented, the City Council hereby finds and determines that Municipal Solid Waste and Disposal Services for fiscal year 2014/2015, beginning August 1, 2014, be provided Colton property owners based upon the rates attached hereto as Exhibit "A". The rates for said Solid Waste Services includes, but is not limited to: trash collection, trash disposal, yard waste collection and processing, recycle collection and processing, and bulky -item collection. 2. This Resolution supersedes and voids all prior resolutions, and other Council actions, which are inconsistent with its terms, including all prior resolutions establishing or amending solid waste rates. Pursuant to Section 21080(b)(8) of the Public Resources Code, and Section 15273(a) of the Guidelines for the Implementation of the California Environmental Quality Act ("CEQA"), further review under CEQA is not required because the City Council action increasing solid waste rates is for the purpose of (i) meeting solid waste collection operating expenses, (ii) purchasing or leasing supplies, equipment, or materials for the solid waste services, and (iii) obtaining funds for capital projects necessary to maintain solid waste service. The City Clerk is hereby directed to file a Notice of Exemption with the County Clerk within five (5) days following the date of this Resolution. 23152.06155\7587585.1