directly liable for the payment of the Charges (i.e., a customer of record who is not a property owner); and
WHEREAS, the City Council now desires to establish and impose the proposed Charges.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The above recitals are all true and correct and are incorporated herein.
Section 2. The City Council hereby adopts the Charges for solid waste collection services at the maximum rates on January 1, 2024, as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
Section 3. For the fiscal year beginning July 1, 2024, and annually thereafter on July 1 through June 30, 2028, the maximum rates in Exhibit A shall be adjusted by a Consumer Price Index (“CPI”) adjustment and supplemental adjustment as described below.
CPI Adjustment. For the fiscal year beginning July 1, 2024, and annually thereafter on July 1 through June 30, 2028, the maximum rates provided in Exhibit A shall be automatically adjusted annually based upon the annual percentage change from March of the prior year to March of the current year in the CPI for Trash and Garbage Collection (CUUR0000SEHG02), United States City Average (not seasonally adjusted), as determined by the United States Bureau of Labor Statistics, plus one percent (1%).
Supplemental Adjustment. In addition to the CPI adjustment above, a supplemental adjustment shall be applied, for the fiscal year beginning July 1, 2024, and annually thereafter on July 1 through June 30, 2028, as follows:
(1) The rates in Exhibit A for Single Family Residential Premises, inclusive of multi-family premises of 4 units or less, will be subject to a supplemental adjustment of five and one-half percent (5.5%) each year; and
(2) The rates in Exhibit A for Commercial premises, inclusive of multi-family premises of 5 units or more, will be subject to a supplemental adjustment of eight and one-half percent (8.5%) each year.
Section 4. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail.
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Resolution No. 2023-28
Section 5. The City Clerk or designee is directed to send out an annual notice of any applicable increase authorized above as required under Government Code Section 53756.
Section 6. The City Council hereby finds that the administration, operation, maintenance, and improvements of the solid waste collection system, which are to be funded by the Charges, are necessary to maintain solid waste services within the City’s service area. The City Council further finds that such Charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. Based on these findings, the City Council hereby determines that this Resolution is statutorily exempt from the requirements of CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a). The documents and materials that constitute the record of proceedings on which these findings have been based are located at 24300 Narbonne Ave., Lomita, CA 90717. The custodian for these records is the City Clerk of the City.
Section 7. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
Section 8. This Resolution take effective immediately upon adoption and will remain effective unless repealed or superseded.
Section 9. The City Manager or his or her designee is hereby authorized to take all actions necessary to implement this Resolution.
PASSED, APPROVED AND ADOPTED this 7
th day of November 2023.
_____________________________
Barry Waite
Mayor
ATTEST:
______________________________
Kathleen Horn Gregory, MMC, City Clerk
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September 22, 2023
CITY OF LOMITA - NOTICE OF PUBLIC HEARING
TO CONSIDER A PROPOSED INCREASE IN RATES FOR SOLID WASTE SERVICE
CHARGES
NOTICE IS HEREBY GIVEN that the City Council of the City of Lomita (the “City”) will conduct a Public Hearing on November 7, 2023, at 6:00 p.m., in the Council Chambers at 24300 Narbonne Avenue, or as soon thereafter as the matter may be heard, to consider: (1) adopting CPI-related adjustments to all rates and charges for solid waste collection and disposal applicable to the Assessor Parcel Number for which you are shown as the property owner and/or tenant for the period January 1, 2024, to June 30, 2028, pursuant to Government Code Section 53756; (2) for residential rates, authorizing a 5.5% increase to cover increases in costs (per the attached rate sheets) and; (3) for multi-family residential and commercial rates, an increase of
8.5% to cover increases in costs (per the attached rate sheets). If approved, these rates, charges, and adjustments will be effective January 1, 2024.
PROPOSED SOLID WASTE RATES AND CHARGES
(INFLATION AND OTHER RATE ADJUSTMENTS FOR THE PERIOD
JANUARY 1, 2024, to JUNE 30, 2028)
All current solid waste service rates include a collection and a disposal component. In accordance with the franchise agreement, the proposed rate adjustments would cover the period from January 1, 2024, through June 30, 2028, as follows:
1. For the 2024–2028 period (specifically January 1, 2024, to June 30, 2028), the overall rate increase including both the collection and disposal components is as follows: (1) for residential rates, a 5.5% increase to cover increases in costs and; (2) for multi-family residential and commercial rates, an increase of 8.5% to cover increases in costs.
2. For the 2024–2028 period (specifically July 1, 2024, to June 30, 2028), on an annual basis, the City may authorize annual inflation adjustments in solid waste service fees, rates, & charges, reflecting increased costs of providing such services. The annual adjustment shall be the sum of the percentage increase of the Consumer Price Index for Trash and Garbage Collection (CUUR0000SEHGO2) U.S. City Average (not seasonally adjusted), as the same may be amended or renamed and replaced from time to time by the United States Bureau of Labor Statistics (“Trash CPI”) for the 12-month period from March of the current year to March of the prior year, plus one percent (1%) (i.e., Trash CPI+1%). Thirty days prior to any adjustment pursuant to the schedule, customers will receive a notice to that effect before implementation of the new rates.
These adjustments are reflected in further detail in Exhibit “A” to this Notice. If approved, these increased rates will be effective January 1, 2024. Current solid waste rates can be found on the City’s website at https://lomitacity.com/wp-content/uploads/2023/06/2023-2024-Rate-Exhibit.pdf.
The automatic inflationary adjustments noted above are authorized pursuant to Government Code Section 53756.
PUBLIC HEARING AND PROTESTS
Any property owner or any tenant (i.e., a customer of record) directly responsible for the payment of solid waste service fees may submit a written protest to the proposed rate changes to the City’s solid waste service rates; provided, however, only one protest will be counted per identified parcel. Any written protest must: (1) state that the identified property owner or customer of record is in opposition to the proposed solid waste rate changes; (2) provide the location of the identified parcel (by assessor’s parcel number or street address); and (3) include the name and signature of the property owner or customer of record submitting the protest. Written protests may be submitted by mail or in person to the City Clerk at 24300 Narbonne Avenue, Lomita, CA 90717, or at the Public Hearing (date and time noted above), provided they are received prior to the conclusion of the public comment portion of the Public Hearing. Any protest submitted via e-mail or other electronic means will not be accepted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person to the City Clerk, Attn: Public Hearing on Solid Waste Rate Changes.
IF YOU DO NOT OBJECT TO THE ADJUSTMENTS, NO ACTION IS REQUIRED.
November 7, 2023, Reg CC Mtg., Page # 549
The City Council will hear and consider all written protests and oral comments on the proposed rate changes at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests; only a written protest will count for the purposes of determining whether a majority protest exists.
Upon the conclusion of the Public Hearing, if written protests against the proposed rate changes as outlined above are not presented by a majority of property owners or tenants of the identified parcels subject to the proposed rate increases, the City Council will be authorized to adopt the rate changes.
This protest hearing is being conducted in accordance with Article XIIID of the California Constitution (also referred to as Proposition 218). Please note that a rate protest proceeding is not an election. To ensure transparency and accountability in the rate protest tabulation, protests shall constitute a disclosable public record from and after the time they are received. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Service.
For further details regarding the basis and reasons for the proposed rate changes to the City’s solid waste service fees or for any questions you may have regarding the proposed fees to be imposed on your parcel, please contact Gary Sugano, Assistant City Manager at (310) 325-7110, x121.
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