RESOLUTION NO. R-2022-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, APPROVING THE AMENDED
FEE SCHEDULE FOR SOLID WASTE HANDLING
SERVICES FOR FISCAL YEAR 2022-23
A. Recitals
(i). The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is in the public interest to authorize and require local agencies to make adequate provision for the disposal of all solid waste within their jurisdictions. (ii). Pursuant to California Public Resources Code §40059 (a)(1), the City Council of the City of Placentia ("City Council") has determined that the public health, safety, and welfare require that an exclusive franchise agreement be awarded to qualified solid waste enterprise for solid waste handling services within the City of Placentia ("City").
(iv). City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling, and disposal of solid waste, including AB 341, AB 939, AB 1826, AB 1594, SB 1383, the Resource Conservation and Recovery Act ("RCRA"), and the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), all as may be amended from time to time hereinafter (v). City desires, among other things, to ensure adequate landfill space remains available to meet the public's need for the safe handling and disposal of solid waste, and further desires to ensure its citizens do not incur undue costs in safely disposing of solid waste and has entered into that certain waste disposal agreement by and among various Orange County cities, including City, and the County of Orange, relating to the use of County landfills for the disposal of solid waste. Contractor has proposed to provide such services and take such actions as are necessary or desirable to ensure City complies with its obligations pursuant to the County Agreement, as the same may be amended from time to time hereinafter.
(vi). On June 7, 2022, the City Council adopted Resolution No. 2022-18 establishing procedures for increasing maximum rates for solid waste collection services, in accordance with the requirements of Proposition 218; and approved the Notice of Public Hearing for proposed adjustments to the maximum rates for commercial and multi -family solid waste collection services (the "Notice"). (vii). The City mailed the Notice to a total of 11,710 record property owners of parcels to which the proposed rates for single-family residential solid waste collection services would apply, informing them of the July 19, 2022, public hearing.
Resolution R-2022-53 ATTACHMENT 1
(viii). On July 19, 2022, the City Clerk informed the City Council that 3 valid written protests were received prior to the public hearing. (ix). On July 19, 2022, the City Council conducted a public hearing and received 3 valid written protests prior to the closing of the public hearing. (x). The total number of valid written protests was 3, which is less than 50 percent of the total number of valid written protests that could legally be presented. (xi). After hearing public testimony, the City Council considered whether to establish potential rate increases for residential and commercial solid waste collection services.
(xii). Based upon the testimony provided at the public hearing, the City Council hereby establishes the solid waste handling service charges for residential and commercial services commencing on July 1, 2022, as set forth in "Exhibit A," attached hereto and incorporated by this reference as though fully set forth herein.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., above.
2. Solid waste handling service charges for residential and commercial services commencing on July 1, 2022, as set forth in "Exhibit A," attached hereto and incorporated by this reference as though fully set forth herein.
APPROVED and ADOPTED this 19th day of July 2022
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2022-53 ATTACHMENT 1
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 19th day of July 2022 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-53 ATTACHMENT 1
EXHIBIT A
Placentia Rate Adjustments Calculation (Effective July 1, 2022) Resolution R-2022-53 ATTACHMENT 1
Exhibit A