RESOLUTION 2024-21B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FORTUNA, CALIFORNIA, SETTING FORTH THE RESULTS OF
PROTESTS IN CONNECTION WITH WATER RATE
HEARING CONDUCTED PURSUANT TO THE REQUIREMENTS OF
PROPOSITION 218
WHEREAS, Article XIIID, Section 6 of the California Constitution requires the City Council to consider written protests to certain proposed increases to rates (fees or charges) for utility services; and
WHEREAS, a Water Rate Study was prepared for the City of Fortuna by Jacobs Engineering Group Inc. and recommends increases to water rates to meet the on-going operational needs of the enterprise and needed funding for capital infrastructure requirements; and
WHEREAS, the City Council reviewed the Water Rate Study at their regular meeting on May 6, 2024 and directed staff to administer the Proposition 218 majority protest process and send out notice of the proposed increases to all parcel owners subject to the increase and set a Public Hearing for July 1, 2024, to consider proposed water rate increases; and WHEREAS, notices of the proposed water rates and Public Hearing were mailed to all parcel owners subject to the proposed increases at least 45 days prior to the Public Hearing; and
WHEREAS, the City Council conducted a Public Hearing for proposed water rates on July 1, 2024, to receive public comment and consider the results of protest proceedings in accordance with Proposition 218; and
WHEREAS, the City Clerk has tabulated all valid protests received by the conclusion of the July 1, 2024, Public Hearing and has determined that the number of valid protests received is sufficient to constitute a majority protest (50% plus 1).
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fortuna:
SECTION 1: Recitals. The above recitals are true and correct and are hereby incorporated by reference.
SECTION 2: Protest Votes. The number of unique parcels eligible to file a protest was 4,630. The number of valid protests required to prevent adoption of the proposed rate increases is 2,315. The number of valid protests received by the City at the end of the July 1, 2024, Public Hearing was _______.
SECTION 3: Results of Protests. The tabulation by the City Clerk of the number of valid protests received on proposed water rates is accepted and sets forth that the protest results conclude that there is a sufficient number of valid protests received to constitute a majority protest to the proposed water rates, whereby disallowing the consideration to adopt proposed water rates.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fortuna held on the 1
st day of July, 2024.
On motion by __________ and seconded by ___________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Tami Trent, Mayor
ATTEST:
_______________________________
Siana L. Emmons, City Clerk
APPROVED AS TO FORM:
_______________________________
Ryan Plotz, City Attorney