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RESOLUTION NO. 8172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA, APPROVING A DATE FOR A
PROPOSITION 218 PUBLIC HEARING FOR THE PROPOSED
ADJUSTMENT TO THE WATER AND WASTEWATER RATES
WHEREAS, the City of Rialto last performed a rate study for the water an d wastewat er utilities in 2018.
WHEREAS, the City of Rialto ’s last water and wastewater rate adjustment was January 1 , 2018.
WHEREAS, Industry standards dictate that utility rates be reviewed at least every five years to ensure that utility rates accurately reflect the cost of running these funds in a self-sufficient manner.
WHEREAS, On April 11, 2023, the City Council authorized FG Solutions , LLC to evaluate that water and wastewater rates accurately reflected the cost of running the se funds in a self-sufficient manner.
WHEREAS, Proposition 218, (California Con stitution Articles XIII C and D), which was passed by the voters in November 1996 and became an Amendment to the California Constitution , which imposed certain requirements whe n implementing increased rates or fees for services including water and wastewater services; and
WHEREAS, in order for a fee or rate to be imposed or increased, Article XIIID requires that, among other things, (1) the parcel upon which a rate or fee is pr oposed for imposition, be identified, (2) the amount of the rate or fee to be imposed on each such parcel be calculated, (3) written notice by mail of the proposed rate or fee be provided to the “owner of record” for each identified parcel, and (4) all properties receiving the service for which the fee is charged with a minimum of 45 days written notice prior to the City Council holding a public hearing on the proposed rate increase; and WHEREAS, the City Council has authorized the vote to include property owners and tenants to have the ability to "protest" the proposed rate increase until the close of the public hearing.
WHEREAS, if written protests against the p roposed rate or fee are presented by a majority of owners or tenants of the identified parcels, the fee or charge may not be imposed; and DocuSign Envelope ID: DA791E9E-205E-4280-A2C3-C1588C3D05B4
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WHEREAS, the City, jointly with the Rialto Utility Authority, desire to initiate proceedings to increase water and sewer rates and desire to set a Proposition 218 public hearing date and time.
NOW THEREFO RE, BE IT RESOLVED , by the City Council of the City of Rialto as follows:
Section 1. The foregoing recitals are true and correct and incorporated herein by this reference.
Section 2. The Proposition 218 public hearing shall be held on February 27, 2024, at 6:30 p.m. in the City Council Chambers located at 150 South Palm Avenue, Rialto, California.
Section 3. The City Council hereby approves the “Proposition 218 Notice to Property Owners of a Public Hearing on Proposed Increases in Water and Sewer/Wastewater Rates” and authorizes the Proposition 218 notifications be mailed to the owner of record’s address shown on the most recently available San Bernardino County Auditor-Controller’s assessment roll and the Rialto Water Services account holder at least forty-five (45) days prior to the Proposition 218 public hearing.
Section 4. The property owners or tenant may file a written protest opposing the rates before the end of the Public Hearing and only one written protest per affected property will be counted towards the majority protest.
Section 5. This Resolution shall take effect from and after the date of its passage and adoption.
DocuSign Envelope ID: DA791E9E-205E-4280-A2C3-C1588C3D05B4
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PASSED, APPROVED, AND ADOPTED this 12th day of December, 2023.
______________________________
ANDY CARRIZALES, Mayor Pro Tem
ATTEST:
______________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC S. VAIL, City Attorney
DocuSign Envelope ID: DA791E9E-205E-4280-A2C3-C1588C3D05B4
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Cle rk of the City of Rialto, do hereby certify that the foregoing Resolution No. 8172 was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 12th day of December 2023.
Upon motio n of C ouncil Member Baca, seconded by Council Member Scott, the foregoing Resolution No. 8172 was duly passed and adopted.
Vote on the motion:
AYES: Mayor Pro Tem Carrizales, Council Members Scott, Trujillo, and Baca NOES: None
ABSENT: Mayor Robertson
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this 15th day of December, 2023.
_____________________________________
BARBARA A. McGEE, CITY CLERK
DocuSign Envelope ID: DA791E9E-205E-4280-A2C3-C1588C3D05B4