CITY OF POMONA
COUNCIL REPORT
June 5, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted by: Rene Guerrero, Public Works Director
Subject: PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLTUION TO AUTHORIZE AN INCREASE TO SOLID WASTE COLLECTION CHARGES Recommendation:
It is recommended that the City Council take the following actions:
Conduct a Public Hearing regarding the implementation of new Solid Waste rates; After receiving written and public comments, close the Public Hearing and order the tabulation of written majority protests; and If a majority protest of 50 percent plus one of all property owners in the City does not exist, adopt the following resolution:
RESOLUTION NO. 2023-87 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, to adopt increased solid waste collection charges EXECUTIVE SUMMARY:
Approval of Resolution No. 2023-87 (Attachment No. 1 and Exhibit) is required for the City to move forward with its exclusive franchise agreement with Arakelian Enterprises, d.b.a., Athens Services (Athens) in order to provide for the collection of solid waste and associated services.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action. On December 5, 2022, the City of Pomona City Council passed Ordinance 4323 approving an exclusive Agreement for the Provision of Commercial and Residential Garbage, Recyclable Materials, and Organic Waste Collection Services (Agreement) with Athens Services (Athens) to provide solid waste collection, recycling, composting, and disposal services to properties in the City. The resulting agreement outlines residential and commercial/multifamily rates that are necessary in order to provide solid waste services to City of Pomona (City) residents, business owners, and multifamily owners, including new requirements and costs resulting from the passage of SB 1383. Should written protests be received from 50 percent plus one of property owners in the City, the City would be forced to bear the costs of trash collection and comply with the new requirements.
PREVIOUS RELATED ACTION:
On December 5, 2022, the City Council passed Ordinance 4323 approving an exclusive Agreement for the Provision of Commercial and Residential Garbage, Recyclable Materials, and Organic Waste Collection Services (Agreement) with Athens Services (Athens) to provide solid waste collection, recycling, composting, and disposal services to properties in the City.
On April 17, 2023, the City Council adopted Resolution No. 2023-37 declaring its intention to adopt increased solid waste collection charges and setting the public hearing for June 5, 2023.
PUBLIC NOTICE REQUIREMENTS:
In accordance with Government Code Section 53753 and the California Constitution Article XIII D, Section 4 (“Proposition 218”), a 45-day notice of this public hearing was mailed to all affected property owners (Exhibit A to Attachment No. 1). A notice for this Public Hearing was advertised in the Inland Valley Daily Bulletin on May 25, 2023.
DISCUSSION/ANALYSIS:
On July 1, 2023, Athens will begin providing all solid waste collection services in the City and will start charging customers the rates included in the Council-approved Agreement. To approve the new solid waste rates, the City must follow Proposition 218 procedures. As such, the new rates will become effective following completion of City Council approval and the proceedings required under Article XIII D, Section 6 of the California Constitution, Proposition 218 process, and contingent upon the City not receiving a majority protest against the new rates as part of such proceedings.
As part of this public hearing, if written protests received are less than 50 percent plus one of properties in the City, the Council may approve the new rates. Services under the Agreement commence July 1, 2023, and Athens will begin billing customers at the rates in the Council-approved Agreement starting on that date. As per prior practice, the City has providing written notice to property owners.
Beginning on July 1, 2024, and annually thereafter, new rates shall be calculated based on the percentage change in the Los Angeles-Long Beach-Anaheim Consumer Price Index (CPI) as reported by the Bureau of Labor Statistics between the preceding 12-month period ending December 31, and the prior preceding 12-month period ending December 31. New rates shall not increase more than 5% annually.
ATTACHMENT(S):
Attachment No. 1 – Resolution No. 2023-87
Attachment No. 2 – Exhibit A to Resolution – Notice of Public Hearing and Solid Waste Rates Prepared by:
_______________________
Rene Guerrero
Public Works Director
Authorize Increased Solid Waste Collection Charges