Item 40 - Resolution Adjusting Solid Waste Rates

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Resolution No. 2022-XXX Page 2 of 3 parcel, the basis upon which the Charges were calculated, the reason for the Charges, and the date, time, and location of a public hearing on the proposed Charges; and WHEREAS, on April 1, 2022, the City distributed notices as required by Article XIII D regarding the City Council’s consideration of the Charges at a public hearing scheduled for May 17, 2022, to all owners of record in accordance with Article XIII D, Section 6(a)(1) of the California Constitution and Government Code Section 53755; and WHEREAS, on May 17, 2022, the City Council held a duly noticed public hearing on the Charges contained in this Resolution within Exhibit A, and at that time invited oral and written comments from the public; and WHEREAS, upon close of said public hearing, the City did receive ________ written protests to the Charges, and therefore there has been no majority protest; and WHEREAS, the City Council now desires to establish and impose the proposed Charges as set forth in Exhibit A, for the five-year period commencing July 1, 2022 through June 30, 2027. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The adoption of this Resolution falls within a statutory exemption from environmental review pursuant to sections 15273, 15060(c)(2) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA), which pertain to the establishment, modification, structuring, restructuring, or approval of rates and charges by public agencies which the public agency finds are for the purpose of meeting operating expenses, and pertain to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under CEQA Regulations. Section 2. After considering the material presented in Exhibit A, the City Council hereby finds as follows: (a) Revenues derived from the Charges do not exceed the funds required to provide the property-related service; (b) Revenues derived from the Charges shall not be used for any purpose other than that for which the Charges are imposed; (c) The amount of the Charges imposed upon any parcel or person does not exceed the proportional cost of services attributable to the parcel; (d) The Charges are for services actually used by, or immediately available to, the owner of the property upon which the Charges are imposed; and (e) The Charges will not be expended for general governmental purposes. Section 3. After receiving public comment and testimony on the proposed Charges, and absent a majority protest to the proposed Charges, the Charges are