RUA RESOLUTION NO. XX-XX
A RESOLUTION OF THE RIALTO utility authority, CALIFORNIA, SETTING DATE FOR a PUBLIC HEARING to consider PROPOSED ADJUSTMENTS TO WATER AND SEWER/WASTEWATER RATES WHEREAS, the City of Rialto (“City”) and the Rialto Utility Authority (“RUA”) periodically review the water and sewer/wastewater rates (which may be referred to individually as “water rates,” “wastewater rates,” “sewer rates,” or “sewer/wastewater rates”; and they may be referenced collectively as “utility rates” or “rates”) to ensure that charges for water services and wastewater services (which may be collectively referred to as “utility services”) are proportionate to the cost of providing those services and consistent with State law; and WHEREAS, on behalf of the City and the RUA, Water Resources Economics completed a comprehensive Water and Wastewater Rate Study, dated October 2025, which evaluated the adequacy of existing utility rates and recommended adjustments to maintain the financial stability and long-term sustainability of the City’s water and wastewater systems; and WHEREAS, the proposed rate adjustments are subject to the procedural requirements of (a) “Proposition 218” (California Constitution, Article XIII D, particularly Section 6; as it is implemented by the Legislature at Government Code sections 53750 – 53759.2; and as it has been judicially interpreted by appellate court decisions, Section 6), and (b) “AB 2257” (Chapter 561, Statutes of 2024; codified at Government Code sections 53759.1 and 53759.2), as well as (c) Government Code Section 5956.6, which collectively require that property owners and tenants directly responsible for payment of water and wastewater service charges be provided prior mailed notice of the proposed rate changes and be provided an opportunity to submit written protests and written objections prior to the close of a duly noticed public hearing; and WHEREAS, the City provides utility services to its customers in cooperation with the RUA under the terms of a Lease Agreement (Water Enterprise) and a Lease Agreement (Wastewater Enterprise), both of which are dated May 1, 2001; and WHEREAS, pursuant to the three-party 2012 Concession Agreement between the City, the RUA, and Rialto Water Services, LP (“RWS”), the City and RUA have delegated specified authority to RWS to operate the utility systems, including RWS’ authority to bill and collect utility fees from owners and customers for those utility services, while the City and RUA have retained the authority to establish the amount of rates to be billed in accordance with Government Code Section 5956.6 (see Concession Agreement sections 5.8 and 11.6); and WHEREAS, Proposition 218 requires the City and RUA to mail to all affected property owners a notice of public hearing at least forty-five (45) days’ prior to considering approval of the proposed utility rate adjustments, and AB 2257 warrants that the notice be mailed earlier than the minimum 45 days in order to provide sufficient time for the City to provide substantive written responses to any timely written objections submitted by property owners, in accordance with the Utility Rate Setting Procedures established by separate resolution of the City Council and RUA Board; and WHEREAS, the City and the RUA desire to initiate proceedings to consider the proposed water and wastewater rate adjustments and to establish a date, time, and location for the required public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE RIALTO UTILITY AUTHORITY AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The public hearing to consider the proposed adjustment to water and wastewater rates shall be held on Tuesday, January 13, 2026, at 6:30 p.m. in the City Council Chambers, 150 South Palm Avenue, Rialto, California, or as soon thereafter as the matter may be heard. The hearing shall be noticed and conducted in accordance with Proposition 218, AB 2257, and Government Code Section 5956.6.
Section 3. The RUA Board hereby authorizes and directs the City Manager or designee to mail to all property owners subject to the proposed increase in utility rates the “Notice of Public Hearing for Proposed Increased Water and Sewer/Wastewater Rates” (substantially in the form attached hereto as Exhibit “A”). The Notice shall be mailed to the owner of record at the address shown on the most recent San Bernardino County Assessor’s roll and to the current Rialto Water Services account holder for each parcel receiving service. The Notice shall be mailed no later than forty-five (45) days prior to the scheduled hearing date, and the Notice shall identify how the public may obtain relevant information in support of the proposed utility rate increases, including the Water and Wastewater Rate Study Report and related documentation, including public availability at City Hall and on the City’s website. The Notice and materials will be provided in alternative formats and languages or with reasonable accessibility accommodations upon request.
Section 4. The Notice of Public Hearing shall identify the opportunity for property owners (which includes tenants who are directly liable to pay the utility rates) to submit (a) a written objection no later than 45 days after the Notice is mailed to identify any substantive claim that the proposed utility rates are not in compliance with Proposition 218; and (b) a written protest no later than the close of the public hearing, which will be counted to determine if there is a “majority protest” to the proposed increase of the water rates or the wastewater rates.
Section 5. This resolution shall take effect immediately upon its passage and adoption.
PASSED, APPROVED AND ADOPTED this 28th day of October 2025. _______________________________
JOE BACA, President
ATTEST:
_________________________________
BARBARA A. McGEE, Secretary
APPROVED AS TO FORM:
_________________________________
ERIC S. VAIL, Counsel
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, Board Secretary of the Rialto Utility Authority, do hereby certify that the foregoing Resolution No. _________ was duly passed and adopted at a regular meeting of the Board of Directors of the Rialto Utility Authority held on the 28th day of October, 2025.
Upon motion of _______________, seconded by __________________, 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 28th day of October, 2025. ___________________________________
BARBARA A. McGEE, Secretary
4927-2015-2941 v2 -4-
1234567891011121314151617181920212223242526272812345678910111213141516171819202122232425262728 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28