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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />WHEREAS, pursuant to California Proposition 218 (Calif Constitution, Article XIIID, <br />Section 6) and California Assembly Bill 1260 (Calif. Government Code, Section 53755) at least <br />45 days prior to the hearing on this Resolution, the City has mailed, postage prepaid, a notice of <br />the public hearing on the proposed solid waste rate increase to the address to which the City <br />customarily mails the solid waste service bill, for each identified parcel upon which the increased <br />rates are being proposed; <br />WHEREAS, said notice identified: (1) the amount of the increased rate to be charged; (2) <br />the basis upon which the rate increase was calculated; (3) the reason for the rate increase; and (4) <br />the date, time, and location for the public hearing on the rate increase; <br />WHEREAS, on June 18, 2013, at 6:00 p.m., the City Council conducted a duly noticed <br />public hearing at which time all those wishing to be heard were afforded an opportunity to be <br />heard, and at which time the City Council considered any and all written protests concerning the <br />proposed solid waste rates; and <br />WHEREAS, the City did not receive written protests from a majority of the identified <br />parcels that would be subject to the proposed rates; and <br />WHEREAS, all other prerequisites to the adoption of this Resolution have occurred. <br />NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE <br />CITY COUNCIL, AS FOLLOWS: <br />1. Based upon its review of the Staff Report, and upon the written and verbal evidence <br />presented, the City Council hereby finds and determines that Municipal Solid Waste and <br />Disposal Services for fiscal year 2012/2013, beginning July 1, 2013, be provided Colton <br />property owners based upon the rates attached hereto as Exhibit `A'. The rates for said <br />Solid Waste Services includes, but is not limited to: trash collection, trash disposal, yard <br />waste collection and processing, recycle collection and processing, and bulky -item <br />collection. <br />2. This Resolution supersedes and voids all prior resolutions, and other Council actions, which <br />are inconsistent with its terms, including all prior resolutions establishing or amending solid <br />waste rates. <br />3. Pursuant to Section 21080(b)(8) of the Public Resources Code, and Section 15273(a) of the <br />Guidelines for the Implementation of the California Environmental Quality Act ("CEQA"), <br />further review under CEQA is not required because the City Council action increasing solid <br />waste rates is for the purpose of (i) meeting solid waste collection operating expenses, (ii) <br />purchasing or leasing supplies, equipment, or materials for the solid waste services, and (iii) <br />obtaining funds for capital projects necessary to maintain solid waste service. The City <br />Clerk is hereby directed to file a Notice of Exemption with the County Clerk within five (5) <br />days following the date of this Resolution. <br />IP 2 <br />23152.06155\7587585.1 <br />