HomeMy WebLinkAbout2017-48 CC Reso - Declaring Intention to Adopt Increased Solid Waste Collection charges1
RESOLUTION NO. 2017- 48
A RESOLUTION OF THE COUNCIL OF THE CITY OF UKIAH DECLARING ITS INTENTION TO
ADOPT INCREASED SOLID WASTE COLLECTION CHARGES, SETTING A PUBLIC HEARING
FOR DECEMBER 6, 2017, 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, the State of California has found and declared that the amount of solid waste generated
in California, coupled with diminishing landfill space and potential adverse environmental impacts
from landfilling and the need to conserve natural resources, have created an urgent need for State
and local agencies to enact and implement an aggressive, integrated waste management program.
The State has, through enactment of the Act, directed the responsible state agency, and all local
agencies, to promote landfill diversion and to maximize the use of feasible waste reduction, recycling
and composting options in order to reduce the amount of solid waste that must be disposed of in
landfills; and,
WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), the City has
determined that the public health, safety, and well-being require that a franchise agreement be
awarded to a qualified contractor for the collection of solid waste, recyclable materials, and yard
waste, and other services related to meeting the diversion goals, and other requirements of the Act;
and,
WHEREAS, the City intends to maintain reasonable rates and quality of service related to the
collection of solid waste, recyclable materials, and yard waste, the transportation of such material to
appropriate places of processing, recycling, composting, and/or disposal, and the processing of
recyclable materials and yard waste and other related services; and,
WHEREAS, the City is responsible for meeting legal, regulatory, and funding requirements of
closure, post -closure, and corrective action plan activities related to its municipal landfill; and,
WHEREAS, Ukiah Waste Solutions, Inc., ("Ukiah waste solutions") has submitted a plan to provide
solid waste, recyclable materials, and yard waste programs at reasonable costs to the ratepayers of
the City, and the City entered into an agreement ("Agreement") with Ukiah Waste Solutions based on
the advantages of that plan. The Agreement is on file with the City Clerk and available for public
inspection; and,
WHEREAS, the Agreement, which provides for increases in solid waste collection rates, is subject to
the notice, protest and hearing requirements established under Proposition 218; and,
WHEREAS, these rate increases will help ensure the health and safety of the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah as follows:
SECTION 1. The foregoing recitals and true and correct.
SECTION 2. The City Council hereby initiates proceedings to adopt the solid waste rates provided
under the Agreement;
SECTION 3. The City Council hereby fixes the 6th day of December, 2017, at 6:15 p.m. at the
Chambers of the City Council, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California, as the
time and place for a public hearing ("Public Hearing") on the proposed solid waste rate increases.
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SECTION 4. The City Clerk is hereby instructed to provide notice of the proposed rate increases in
conformity with Proposition 218 and the Proposition 218 Omnibus Implementation Act, California
Government Code sections 53500 et seq.
SECTION 5. 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.
SECTION 6. At the conclusion of the Public Hearing, all protests submitted and not withdrawn will
be tabulated in conformity with the City's tabulation guidelines.
SECTION 7. A majority protest exists if protests are submitted in opposition to the proposed rate
increases by a majority (50% plus 1) of 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.
SECTION 8. If there is a majority protest against the proposed rate increases, the City Council shall
not adopt the rate increases.
SECTION 9: This resolution will become effective immediately upon adoption. The foregoing
RESOLUTION WAS PASSED AND ADOPTED at a regular meeting of the City Council on the 4th
day of October, 2017, by the following vote:
AYES: Councilmembers Crane, Mulheren, Doble, and Mayor Brown
NOES: Councilmember Scalmanini
ABSENT: None
ABSTAIN: None
JIM ROWN, Mayor
ATTEST:
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--,
KRISTINE LAWLER, City Clerk
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