RESOLUTION NO._____
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 and wastewater utilities in 2018; and WHEREAS, the City of Rialto’s last water and wastewater rate adjustment was January 1, 2018; and 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; and 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 these funds in a self-sufficient manner; and WHEREAS, On December 12, 2023, the City Council adopted Resolution No. 8172 and the Rialto Utility Authority Board adopted Resolution No. 08-25 to set a Public Hearing for February 27, 2024, to consider the proposed water and wastewater utility services rate adjustments; and WHEREAS, On February 27, 2024, staff requested that the item pertaining to a public hearing under Proposition 218 to adjust water and wastewater rates be tabled until a future date to be determined with new and proper 218 notification materials.; and WHEREAS, Proposition 218, (California Constitution 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 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) 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; and WHEREAS, if written protests against the proposed 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 WHEREAS, the City, jointly with the Rialto Utility Authority, desires to initiate proceedings to increase water and sewer rates and desires to set a Proposition 218 public hearing date and time.
NOW THEREFORE, 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 June 25, 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.
PASSED APPROVED AND ADOPTED this _____ day of ____________, 2024. ______________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
______________________________
BARBARA 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 23rd day of April 2024.
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 _________________, 2024. _____________________________________
BARBARA McGEE, CITY CLERK
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