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Resolution No. 2022-XXX
<br />Page 1 of 3
<br />RESOLUTION NO. 2022-XXX
<br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
<br />ADJUSTING RATES FOR RESIDENTIAL, MULTIFAMILY,
<br />COMMERC AL, INDUSTRIAL, AND CONSTRUCTION AND
<br />DEMOLITION SOLID WASTE COLLECTION AND PROCESSING
<br />SERVICES PROVIDED BY THE CITY OF SANTA ANA
<br />WHEREAS, Chapter 16 of the Santa Ana Municipal Code, Article II, Section 16-
<br />30, provides that the City and its solid waste collection contractor have the exclusive
<br />duty, right, and privilege to collect, transport, process, recycle, divert by means of
<br />composting, mulching, and/or transforming, retain, and dispose of all solid waste
<br />accumulated, produced or generated in the City; and
<br />WHEREAS, Chapter 16 of the Santa Ana Municipal Code, Article II, Section 16-
<br />35, authorizes the City to charge for the provision of solid waste collection services to
<br />customers within the City of Santa Ana and to establish those rates by resolution; and
<br />WHEREAS, on August 17, 2021, the Santa Ana City Council approved a new
<br />solid waste agreement with Republic Services, specifically entitled “Agreement between
<br />City of Santa Ana and Republic Waste Services of Southern California, LLC dba
<br />Republic Services for Collection and Handling of Solid Waste Generated, Produced
<br />and/or Accumulated in the City of Santa Ana,” Agreement No. A-2021-171 (“Solid
<br />Waste Agreement”); and
<br />WHEREAS, the Solid Waste Agreement includes proposed service rates that are
<br />scheduled to take effect on July 1, 2022, subject to special and annual rate adjustments
<br />that would become effective July 1, 2023 through July 1, 2026, as described in Exhibit A
<br />(collectively, the “Charges”); and
<br />WHEREAS, the rate structure for solid waste, recycling, and organics collections
<br />includes several customer classes—residential, multifamily, commercial, industrial, and
<br />construction and demolition, based on the container size, type of service, and frequency
<br />of collection; and
<br />WHEREAS, the Charges are property-related fees within the meaning of Article
<br />XIII D of the California Constitution; and
<br />WHEREAS, the Charges are equitable to all customer classes; and
<br />WHEREAS, Article XIII D, section 6 of the California Constitution (“Article XIII D”)
<br />requires that prior to imposing new or increased Charges, the City shall provide written
<br />notice by mail of the new or increased Charges to the record owner of each parcel upon
<br />which the Charges are proposed for imposition and any tenant directly liable for
<br />payment of the Charges, the amount of the Charges proposed to be imposed on each
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