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ORDINANCE NO.____________
AN UNCODIFIED ORDINANCE OF THE CITY OF FOSTER CITY APPROVING SOLID WASTE RATES FOR A FOUR-YEAR PERIOD OF CALENDAR YEARS 2025 THROUGH 2028, INCREASING THE MONTHLY RESIDENTIAL COLLECTION RATES BY NO MORE THAN $4.74 IN RATE YEAR 2025, $4.98 IN RATE YEAR 2026, $4.19 IN RATE YEAR 2027, AND $4.35 IN RATE YEAR 2028 AND INCREASING FEES FOR UNSCHEDULED SERVICES UP TO 6.0% PER YEAR FROM RATE YEARS 2025 THROUGH 2028
CITY OF FOSTER CITY
WHEREAS, On October 2, 2023, the City Council considered information related to the solid waste, recyclable, and organic materials collection and processing program relative to rates for the five-year period from 2024 through 2028; and WHEREAS, per Minute Order 1942, the City Council directed staff to proceed with the public notification procedures set forth in Article XIII D, Section 6 of the California Constitution (Proposition 218) to increase residential Solid Waste rates for rate years 2025 through 2028; and
WHEREAS, the Proposition 218 notice provided for the approval of maximum increases of $4.74 in Rate Year 2025, $4.98 in Rate Year 2026, $4.19 in Rate Year 2027 and $4.35 in Rate Year 2028 in order to allow for the planned and orderly implementation of rate adjustments over the five year term; and
WHEREAS, an increase of 5.465% for 2024 over 2023 fees is required for Unscheduled Services, and in years 2025 through 2028, adjustments to Unscheduled Services fees will be based on actual indexed factors, but will not exceed 6.0%; and WHEREAS, the collection rate increases are necessary to meet current and projected future costs for solid waste, recyclable, and organic materials collection services; and
WHEREAS, the City Council’s action is not a project pursuant to CEQA Guidelines section 15378(b) (4) because the City is authorizing maximum rates to be charged to fund on-going solid waste services, and as such, the action involves a funding mechanism or fiscal activity within the meaning of the CEQA Guidelines; and WHEREAS, on October 6, 2023, notices were mailed to 7,295 residential and commercial customers in Foster City, pursuant to Government Code section 53755; and WHEREAS, a public hearing was held in accordance with the requirements of Proposition 218, the City did not receive protests from a majority of the parcels receiving 1 3
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solid waste, recyclable, and organic materials collection services, and per Proposition 218, may proceed with the proposed rate adjustment; and WHEREAS, the City Council has chosen as a matter of policy to follow the procedures set forth in Article XIII D of the California Constitution, nothing in this Resolution shall be interpreted as an admission by the City that the provisions of Article XIII D apply to the actions taken herein; and
WHEREAS, to the extent that this rate authorization results in the imposition of any fees, rates, or charges for services or facilities in connection with the City’s solid waste system, those charges are adopted pursuant to California Health and Safety Code section 5471.
THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:
Section 1. The foregoing Recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council does hereby find and determine based upon the aforementioned Record as follows:
a) The Public Hearing was properly noticed and conducted in accordance with State law and the Foster City Municipal Code; and
b) The adoption of solid waste rates is necessary for the collection of sufficient revenue to provide solid waste services to the Foster City community.
Section 3. That the City of Foster City Solid Waste Rates are hereby approved as presented in the attached Exhibit A.
Section 4. That the City of Foster City Fees for Unscheduled Services are hereby approved as presented in the attached Exhibit B.
Section 5. The rates and fees adopted by this uncodified ordinance may be amended by ordinance or resolution of the City Council.
Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this chapter is held to be invalid or unconstitutional including by any court with jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council declares that it would have passed this article, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases may be declared invalid or unconstitutional.
Section 7. Taking Effect. This ordinance shall take effect thirty (30) days following its final passage.
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Section 8. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.
This ordinance was introduced and read on the 20 th day of November, 2023, and passed and adopted on the 18th day of December, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JON FROOMIN, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK