RESOLUTION NO. 2023-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, declaring its intention to adopt increased solid waste collection charges, setting a public hearing for june 5, 2023, and directing staff to provide notice pursuant to proposition 218 WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 939 of 1989 Act (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdiction; and WHEREAS, pursuant to California Public Resources Code Section 40059 (a)(1), the City Council of the City of Pomona (City) 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; and WHEREAS, Article XIII D of the California Constitution imposes certain procedural and substantive requirements relating to assessments (as defined); and Proposition 218, Article XIII D Section 2(e) defines “fee” as any levy or charge imposed upon real property by an agency “as an incident of property ownership, including a user fee or charge for a property related service.” Article XIII D Section 2(h) defines “property related service as a “public service having direct relationship to property ownership.” NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. The Recitals set forth above are true and correct.
SECTION 2. The City Council hereby declares its intention to provide and collect fees for solid waste collection services provided to all record owners within the City.
SECTION 3. The services within the City include, but are not limited to: trash collection, trash disposal, yard and food waste collection and processing, recycle collection and processing, and bulky item collection.
SECTION 4. The City Council hereby declares its intention to conduct a Public Hearing concerning the proposed solid waste rate increases for Fiscal Year 2023-24 in accordance with Section 6 of Article 13 D of the California Constitution; and notice is hereby given that a Public Hearing on these matters will be held by the City Council on Monday, June 5, 2023 at 7:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 505 South Garey Avenue, Pomona, California. .
SECTION 5. The City Clerk is hereby instructed to provide notice of the proposed rate increases 45 days in advance of the Public Hearing in conformity with Proposition 218 and the Proposition 218 Omnibus Implementation Act, California Government Code sections 53500 et seq.
SECTION 6. At the Public Hearing, the City Council shall consider all objections or protests, if any, to the proposed rate increases, and any person shall be permitted to present written or oral testimony. Although oral comments at the Public Hearing will not qualify as a formal protest, the City Council welcomes community input during the Public Hearing. At the conclusion of the Public Hearing, all written protests submitted and not withdrawn will be tabulated in conformity with the City’s tabulation guidelines. A majority protest exists if protests are submitted in opposition to the proposed rate increases (50% plus 1) by the property owners and solid waste service customers. Although both property owners and solid waste service customers are permitted to submit protests, only one protest shall be counted for each parcel. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
SECTION 7. The City Council hereby directs staff to proceed with the process of mailing the notice of the public hearing to consider adoption of the new rates to be held on June 5, 2023 at 7:00 P.M. at the Council Chambers located at 505 South Garey Avenue, Pomona, CA 91766. City Council also directs staff to mail notices at least 45 days before the public hearing per the requirements of Proposition 218.
SECTION 8. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 17th day of April, 2023.
CITY OF POMONA:
______________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on April 17, 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC
City Clerk
Resolution No. 2023-37
April 17, 2023
Resolution No. 2023-37
April 17, 2023
Attachment 2