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RESOLUTION NO. -2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BARSTOW, CALIFORNIA ADOPTING UPDATED SOLID
WASTE RATES, SUPERSEDING THE EXISTING RATES
ESTABLISHED AND REPEALING RESOLUTIONS THAT
CONFLICT THERETO
WHEREAS, the City Council of the City of Barstow has the authority to establish fees for City services; and
WHEREAS, the City intends to maintain reasonable rates and quality of service related to the trash, recycle, and organics collection service provided to its residents; and WHEREAS, the City has contracted with Burrtec Waste Industries, Inc (“Burrtec”) for the provision of said solid waste collection services; and WHEREAS, Burrtec has requested an increase in the solid waste rates pursuant to Section 4.3(b) of the Agreement between the City and Burrtec to account for the increased cost of providing its services; and
WHEREAS, on April 19, 2023, the City mailed to those eligible to protest a notice declaring the City’s intention to adopt the proposed increased solid waste rates, and setting a public hearing for June 5, 2023 establishing the guidelines and procedures for conducting a public hearing to receive and consider protests against the proposed rate increase in accordance with section 6 of Article XIII D of the California Constitution and section 53755 of the California Government Code; and
WHEREAS, the hearing on June 5, 2023 was held not less than 45 days after the City mailed notice of that hearing, in accordance with section 6 of Article XIII D of the California Constitution and section 53755 of the California Government Code; and WHEREAS, the City accepted all valid written protests against the proposed rate increases and caused the tabulation of those protests, which tabulation revealed that a majority protest against the proposed rate increases does not exist; and WHEREAS, at the hearing on June 5, 2023, the City Council considered all objections or protests, if any, to the proposed rate increases as well as all oral comments not qualifying as formal protest; and
WHEREAS, based on the information presented at the hearing on June 5, 2023, including but not limited to reports from City staff, oral and written testimony, and valid written protests, the City determines that (1) revenues from the proposed rate increases are not expected to exceed the costs to the City to provide solid waste collection service, (2) revenues from the proposed rate increases will not be used for any purpose other than to provide solid waste collection service, (3) the amount of the proposed rate increases imposed on any parcel do not exceed the proportional cost of solid waste service 2 259227.6
attributable to that parcel, (4) the proposed rate increases are imposed on parcels only for service actually used by, or immediately available to, those parcels, and (5) the proposed rate increases are not imposed for general governmental services available to the public at large in substantially the same manner as they are to property owners (Cal.
Const., art. XIII D, § 6(b)); and
WHEREAS, the City now finds it necessary to adopt new solid waste rates and charges.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Barstow as follows:
SECTION 1. The foregoing recitals and true and correct.
SECTION 2. The schedule of solid waste rates and charges set forth in Exhibit A, attached hereto and incorporated herein by reference, are hereby adopted.
SECTION 3. This resolution does not constitute a project under the California Environmental Quality Act (“CEQA”) Guidelines as set forth in Title 14, section 15378 of the California Code of Regulations, because it amends a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment (§ 15378(b)(4)) and is an administrative activity of government that will not result in direct or indirect physical changes in the environment (§ 15378(b)(5)). Furthermore, if this resolution were a project, it would be categorically exempt from CEQA pursuant to Title 14, Section 15273(a) of the California Code of Regulations, because it establishes rates and charges to fund current operating expenses of the City.
SECTION 4. If any subdivision, paragraph, sentence, clause, or phrase of this Resolution is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this Resolution. It is the City’s express intent that each remaining portion would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.
SECTION 5. The rates and charges set forth in this Resolution shall become effective on July 1, 2023
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PASSED AND ADOPTED this 5
th day of June, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
______
Andrea Flores, City Clerk
APPROVED AS TO FORM
By:
______
Matthew T. Summers, City Attorney