RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ESTABLISHING A REVISED SCHEDULE OF WATER AND wastewater/SEWER RATES.
WHEREAS, Section 12.04.060 of the Rialto Municipal Code provides that the City Council may establish water rates, fees, deposits, and water main charges as set forth by resolution from time to time; and WHEREAS, Section 12.08.200 of the Rialto Municipal Code provides that the City Council may establish, eliminate, increase, or decrease sewer rates and charges from time to time, subject to applicable California law, through the adoption of a resolution and that the sewer rates and charges in effect shall be those rates and charges identified in the most recent resolution passed and adopted by the city council; and WHEREAS, on November 5, 1996, the California voters approved Proposition 218, a state ballot initiative known as the “Right to Vote on Taxes Act,” adding Article XIIID to the California Constitution, which imposed certain requirements when implementing increased rates or fees for services including water and wastewater/sewer services; and WHEREAS, the City Council retained the services of FG Solutions, LLC. to review, analyze, evaluate, and recommend proposed rates, which are outlined in the document titled “2023 Water and Wastewater Rate Study Report: dated January 2024; and WHEREAS, pursuant to California Government Code § 53756, the City Council may adopt a schedule of fees or charges for a property-related service for a period not to exceed five years pursuant to California Government Code § 53755; and WHEREAS, in order for a rate or fee to be imposed or increased, Article XIIID requires that, among other things, (1) the parcel upon which a rate or fee is proposed 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) a public hearing must be conducted upon the proposed rate or fee; and WHEREAS, in accordance with Article XIIID to the California Constitution, a notice regarding the Public Hearing on the revised schedule for water and wastewater/sewer rates was distributed by United States Postal Service mail at least forty-five (45) days prior to the Public Hearing, to all property owners of record; and WHEREAS, in accordance with California Government Code § 5956.6, a notice regarding the Public Hearing on the proposed adjusted water and wastewater/sewer rates was published in the San Bernardino County Sun newspaper at least ten (10) days prior to the Public Hearing; and WHEREAS, a properly noticed Public Hearing concerning the proposed rates set forth in this Resolution was held on February 27, 2024, as required by law; and WHEREAS, a tally of the written responses against the revised schedule of water and wastewater/sewer rates and charges shows that less than a majority of the property owners have submitted written protests against the revised schedule of water and wastewater/sewer rates.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The foregoing recitals are true and correct and incorporated herein by this reference.
Section 2: Effective March 1, 2024, water and wastewater/sewer rates are adjusted and established in the amounts as set forth in the “Water Rates” and “Wastewater/Sewer Rates” attached hereto and incorporated herein by this reference as Exhibit A and Exhibit B, respectively.
Section 3: Water and Wastewater/Sewer rates in subsequent years 2025, 2026, 2027, and 2028, commencing January 1 of each year, will be adjusted in accordance with Exhibit A and Exhibit B, respectively.
WHEREFORE, this Resolution is passed, approved, and adopted on this 27th day of February 2024.
DEBORAH ROBERTSON, Mayor
ATTEST:
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
ERIC VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara A. 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 27th day of February 2024.
Upon motion of Councilmember ____________, seconded by Councilmember _______________, 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 _________________, 2024.
BARBARA A. MCGEE, City Clerk
EXHIBIT A
WATER RATES
EXHIBIT B
WASTEWATER/SEWER RATES
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