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RUA RESOLUTION NO. 08-25
A RESOLUTION OF THE RIALTO UTILITY AUTHORITY 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 year s to ensure that utility rates accurately reflect the cost of running these funds in a self-sufficient manner.
WHEREAS, On April 11, 2023, the Rialto Utility Authority 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 when 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 u pon 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 Rialto Utility Authority holding a public hearing on the proposed rate increase; and WHEREAS, the Rialto Utility Authority has authorized the vote to i nclude property owners and tenants to have the ability to "protest" the proposed rate increase until the close of the public hearing.
DocuSign Envelope ID: DA791E9E-205E-4280-A2C3-C1588C3D05B4
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WHEREAS, if written protests against the p roposed rate or fee are presented by a maj ority of owners or tenants of the identified parcels, the fee or charge may not be imposed; and 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 Rialto Utility Authority 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 Rialto Utility Authority 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, Vice President
ATTEST:
BARBARA A. McGEE, Board Secretary
APPROVED AS TO FORM:
______________________________
ERIC S. VAIL, Authority Counsel
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, Board Secretary of the Rialto Utility Authority Board, do hereby certify that the foregoing Resolution No . 08-25 was duly passed and adopted at a regular meeting of the Rialto Utility Authority Board of the City of Rialto held on the 12th day of December 2023.
Upon motion of Board Member Baca, seconded by Board Member Scott, the foregoing Resolution No. 08-25 was duly passed and adopted.
Vote on the motion:
AYES: Mayor Pro Tem Carrizales, Council Members Scott, Baca, and Trujillo 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, Board Secretary
DocuSign Envelope ID: DA791E9E-205E-4280-A2C3-C1588C3D05B4