RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, COMMENCING THE PROCESS
CONCERNING (1) PROPOSED AUTOMATIC ANNUAL
INFLATIONARY INCREASE TO SOLID WASTE HANDLING
SERVICES FEE FOR SINGLE- FAMILY DWELLINGS FOR
FISCAL YEARS 2024- 2025 THROUGH FISCAL YEAR 2028 -
2029, AND (2) PROPOSED COLLECTION OF SOLID WASTE
HANDLING SERVICES FEE FOR SINGLE -FAMILY
DWELLINGS ON THE TAX ROLL PURSUANT TO SECTION
5473 OF THE HEALTH AND SAFETY CODE
WHEREAS, the City Council on July 26, 2022, adopted Resolution No. 22- 45, a Resolution of the City of Lancaster , authorizing the collection of solid waste charges for single - family dwellings on the Los Angeles County Tax roll, pursuant to Section 5473 of the Health and Safety Code; and
WHEREAS, the County of Los Angeles now collects the solid waste charges for single - family dwellings on the tax roll, and will continue with said collections until such time as determined by the City Council; and
WHEREAS, Pursuant to the City’s Agreement with Waste Management, the solid waste service rates allow for a Consumer Price Index (“CPI”) of three and one -half percent (3.5%) annually; and
WHEREAS, the City Council now finds it necessary to propose an automatic inflationary adjustment, as and to the extent permitted by section 53756(b) of the Government Code and section
13.16.090 of the Lancaster Municipal Code, to the fee for solid waste handling services at s ingle family dwelling parcels for fiscal years 2024-2025 through fiscal year 2028-2029 pursuant to the franchise agreement (”Agreement”) between the City and Waste Management, which allows for annual increases to the charge; and
WHEREAS, prior to increasing the fee for solid waste handling services at single -family dwellings, the City is required to satisfy the notice, hearing and other procedural requirements imposed by Proposition 218 (Cal. Const. art. XIII D, § 6) and the Proposition 218 Omnibus Implementation Act (Cal. Gov’t Code §§ 53750-53758); and
WHEREAS, prior to electing to have the increased fee for solid waste handling services at single-family dwellings collected on the tax roll pursuant to section 5473 of the California Health and Safety Code, the City is required to do the following: (a) cause a written report (“Report”) to be prepared and filed with the City Clerk that contains a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for the year; (b) the City Clerk must mail and publish notice of the filing of the Report and of a time and place of hearing on the Report; (c) at the time and place of the noticed hearing, the City Council must hear and consider all objections or protests, and may adopt the Report unless a majority protest exists; and
Resolution No.
WHEREAS, the City Council desires to initiate both processes described above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lancaster, California, as follows:
Section 1. Incorporation of Recitals . The foregoing recitals are true, correct, and constitute a substantive part of this Resolution.
Section 2. Proposed Fee Increase. The City Manager, or his designee, is authorized and directed to take or cause to be taken all action that is necessary for the City Council to consider and take action on the proposed automatic annual inflationary increase to the fee for solid waste handling services at single-family dwellings, as and to the extent permitted by section 53756(b) of the Government Code and section 13.16.090 of the Lancaster Municipal Code . The City Clerk is authorized and directed to, consistent with all applicable legal requirements, publish, mail notices, and take any other action required by Proposition 218 (Cal. Const. art. XIII D, § 6), the Proposition 218 Omnibus Implementation Act (Cal. Gov’t Code §§ 53750-53758), or any other applicable law.
Section 3. Proposed Tax Roll Billing. The City Manager, or his designee, is authorized and directed to take or cause to be taken all action that is necessary for the City Council to elect to have charges for solid waste handling services at single-family dwellings collected on the tax roll pursuant to section 5473 of the California Health and Safety Code. The City Clerk shall file the Report attached hereto as Exhibit A pursuant to section 5473 of the Health and Safety Code. The City Clerk is further authorized and directed to, consistent with all applicable legal requirements, publish and mail notice of the filing of the Report and of a time and place of hearing on the Report.
Section 4. Public Hearing; Notice; Protest Rights . A public hearing shall be held on July 23, 2024, at 1:30 p.m. in the City Council Chambers concerning (a) the proposed increase to the fee for solid waste handling services at single -family dwellings and (b) proposed election to have the fee for solid waste handling services at single-family dwellings collected on the tax roll pursuant to section 5473 of the California Health and Safety Code. The City Clerk shall give notice of the public hearing and protest rights using the form of notice attached hereto as Exhibit B. The City Clerk is further authorized and directed to publish, mail, and give any other notice concerning the public hearing that is required by applicable law.
Section 5. Severability. The provisions of this Resolution are severable, and it is the legislative intention to confer upon the whole or any part of the Resolution the powers herein provided. If any provision of this Resolution shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining provisions of the Resolution. It is hereby declared to be the legislative intent that this Resolution would have been adopted had such unconstitutional provision not been included herein.
Section 6. Effective Date. This Resolution shall take e ffect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED this _______ day of May, 2024, by the following vote:
Resolution No.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, __________________________, ________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. , for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, 2024.
(seal)