RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, DECLARING ITS INTENTION TO SET A PUBLIC HEARING FOR JUNE 27, 2023, TO CONSIDER SOLID WASTE HANDLING SERVICE RATES FOR FISCAL YEARS 2023/2024 THROUGH 2026/2027 WHEREAS, the City of Rialto is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, (hereinafter the “City”); and WHEREAS, the City Council has by previous action entered into a franchise agreement with Burrtec Waste Industries, (hereinafter “Burrtec”), for the collection and disposal of residential and commercial solid waste within the City; and WHEREAS, Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code section 53750 and following) (collectively, “Proposition 218”), set forth certain procedures that the City must follow with respect to adopting increases in “property related fees and charges” such as solid waste handling service rates and charges; and WHEREAS, pursuant to California Government Code 53756, an agency providing solid waste handling services may adopt a schedule of fees or charges authorizing automatic adjustments that pass through increases for adjustments for inflation, if it complies with all of the following: (1) The agency adopts the schedule of fees or charges for a property-related service for a period not to exceed five (5) years pursuant to California Government Code Section 53755; (2) The schedule of fees or charges may include a schedule of adjustments, including a clearly defined formula for adjusting for inflation, and any inflation adjustment to a fee or charge for a property-related service shall not exceed the cost of providing that service; and (3) Notice of any adjustment pursuant to the schedule shall be given pursuant to California Government Code Section 53755(a), not less than thirty (30) days before the effective date of the adjustment; and WHEREAS, it is the intent of the City Council to establish fees or charges for solid waste handling services in the City for a period of four (4) years, pursuant to California Government Code Section 53755, for fiscal year 2023/2024, through fiscal year 2026/2027 commencing July 1, 2023; and WHEREAS, prior to adopting solid waste handling service rates for fiscal years 2023/2024 through 2026/2027, and in accordance with Proposition 218, the City shall provide notice of a public hearing (“Public Hearing”) to consider the proposed solid waste handling service rates, which will be mailed to all record owners of affected property at least forty-five (45) days prior to such Public Hearing, describing (a) the amount of the fee or charge to be imposed upon each affected parcel, (b) the basis upon which the amount of the proposed fee or charge was calculated, (c) the reason for the fee or charge, and (d) the date, time, and location of the Public Hearing on the proposed fee or charge (“Proposition 218 Notice”). The proposed Proposition 218 Notice is attached to this Resolution as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are true and correct.
Section 2: The City Council hereby sets a Public Hearing concerning municipal solid waste handling services rates for fiscal years 2023/2024 through 2026/2027, in accordance with Section 6 of Article 13D of the California Constitution; to be held by the City Council on Tuesday, June 27, 2023, at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 150 South Palm Avenue, Rialto, California. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
Section 3: The City Council hereby authorizes and directs the City’s franchise solid waste collection services provider, Burrtec Waste Industries, Inc., to provide a copy of the Proposition 218 Notice to all residential and commercial solid waste customers within the City, not less than forty-five (45) days prior to the Public Hearing, pursuant to California Government Code Section 53755 and Section 6 of Article 13D of the California Constitution. [SIGNATURES TO FOLLOW ON NEXT PAGE]
PASSED, APPROVED, AND ADOPTED this April 25, 2023.
_______________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
______________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
_____________________________
ERIC S. VAIL., City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No._____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 25th day of April 2023.
Upon motion of Council Member __________, seconded by Council Member __________, the foregoing Resolution No. _____ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ___ day of ________, 2023. ___________________________________
BARBARA A. McGEE, CITY CLERK
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