HomeMy WebLinkAbout8583RESOLUTION NO. 8583
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
DECLARING ITS INTENTION TO ADJUST WATER AND WASTEWATER
RATES; SETTING THE TIME AND PLACE FOR A PROPOSITION 218
MAJORITY PROTEST PUBLIC HEARING; AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO PROVIDE THE RELATED NOTICE IN
COMPLIANCE WITH THE STATE -MANDATED TIMING REQUIREMENTS
WHEREAS, the City of Redlands has identified ongoing operational and capital needs
associated with the City's water and wastewater utility systems; and
WHEREAS, in order to fund the identified water and wastewater system operational and
capital costs, it will be necessary to adjust the City's current water and wastewater rates; and
WHEREAS, the City of Redlands engaged Raftelis, a firm with expertise in the analysis of
costs relating to utilities, to conduct a rate study of the City's water and wastewater utilities; and
WHEREAS, the City Council received the report prepared by Raftelis at the May 7, 2024 City
Council meeting and heard from staff on this matter; and
WHEREAS, on November 5, 1996, California voters approved Proposition 218, requiring
specific procedures be followed with regard to "property -related" fee increases, including the need to
provide written notice at least 45 days in advance of a public hearing; and
WHEREAS, on July 24, 2006, the California Supreme Court confirmed that charges for water
and wastewater (sewer) are subject to Proposition 218 procedures (Bighorn -Desert View Water
Agency v. Verjil (2006) 39 Cal. 4th 205); and
WHEREAS, on April 20, 2015, the California Court of Appeal ruled that water rate surcharges
and by analogy, wastewater surcharges may be charged as long as they are based upon the actual cost
of service to the ratepayers receiving the surcharge (Capistrano Taxpayers Association, Inc. v. City
of San Juan Capistrano (2015) 235 Cal. App. 4th 1493); and
WHEREAS, the City Council believes it is in the public interest and desires to proceed
through the requisite processes pursuant to the provisions of Proposition 218 in order to consider
adjustments to the City of Redlands' fees, rates, and charges related to its water and wastewater
systems.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as
follows:
Section 1. A Proposition 218 Public Hearing is hereby set and will be held before the City
Council on July 2, 2024, in order for the City Council to consider adjustments to the City's water and
wastewater utility fees, rates, and/or charges; and
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Section 2. The City Manager, or designee, is hereby authorized and directed to cause a notice of
Public Hearing that provides details related to adjustments to the specific water and wastewater fees,
Rates, and/or charges being proposed to be mailed no later than May 10, 2024, in a manner that
complies with applicable laws, including without limitation, the State -mandated 45-day required
notice under Proposition 218.
Section 3. At the Public Hearing, the City Council shall consider objections and protests, if any,
to the proposed rate adjustments, and Resolution No. 7128 shall govern the submission and tabulation
of written protests with respect to the proposed rate adjustments.
ADOPTED, SIGNED AND APPROVED this 7th day of May, 202
ddie Tejeda, Mayo
ATTEST:
e Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution
was duly adopted by the City Council at a regular meeting thereof held on the 7th day of May, 2024,
by the following vote:
AYES: Councilmembers Davis, Guzman -Lowery, Saucedo; Mayor Tejeda
NOES: None
ABSENT: Councilmember Barich
ABSTAINED: None
e Donaldson, City Clerk
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