Loading...
HomeMy WebLinkAbout2018-0901 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Mayor and City Council declared its intention to conduct a public hearing to consider adjusting the Maximum Permitted Service Rates on January 3, 2018 by Resolution No. 2018-007; and WHEREAS, the Mayor and City Council also, on January 3, 2018 by the same Resolution, adopted Guidelines for the Submission and Tabulation of Protests in Connection with Rate Hearings Conducted Pursuant to Article XIIID, Section 6, of the California Constitution; and WHEREAS, the Mayor and City Council also, on January 3, 2018 by the same Resolution, authorized the City Manager to (1) identify the parcels upon which the rates are proposed for imposition; (2) calculate the amount of the rates to be imposed on each parcel; (3) provide written notice by mail to the record owner of each identified parcel at least 45 days prior to the public hearing and (4) set the date and time for the public hearing; and WHEREAS, the City Manager set the public hearing for Wednesday, March 21, 2018 at 5:00 p.m. in the Council Chambers, Third Floor, 201 North "E" Street, San Bernardino, California; and WHEREAS, notice of the public hearing was sent to all property owners and customers within the City's service area; and WHEREAS, the City Clerk's Office has accepted written protests from property owners and customers; and WHEREAS, a public hearing on the proposed adjustments to the Maximum Permitted Services Rates for the Services was held on Wednesday, March 21, 2018 at 5:00 p.m. in the Council Chambers, Third Floor, 201 North `B" Street, San Bernardino, California, as specified in the Proposition 218 notice and at the hearing, the City Clerk reported the results of the protest count. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Incorporation. The foregoing recitals set forth above are true and correct and are a substantive part of this Resolution. SECTION 2. Findings. The Mayor and City Council finds and determines as follows: (A) The City of San Bernardino has provided the required written notice in accordance with Article XIIID of the California Constitution. (Cal. Const., art. XIIID, § 6(a)(1)). 2 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (B) The public hearing has occurred not less than 45 days after the mailing of the written notice. (Cal. Const., art. XIIID, § 6(a)(2)). (C) Revenues derived from the proposed adjustments to the Maximum Permitted Service Rates do not exceed the funds required to provide the Services. (Cal. Const., art. XIIID, § 6(b)(1)). (D) Revenues derived from the proposed adjustments to the Maximum Permitted Service Rates are not used for any other purpose other than to provide the Services. (Cal. Const., art. XIIID, § 6(b)(2)). (E) The amount of the proposed adjustments to the Maximum Permitted Service Rates imposed upon any parcel or person does not exceed the proportional cost of providing the Services to that parcel. (Cal. Const., art. XIIID, § 6(b)(3)). (F) The Services are actually used by, or immediately available to, the owner of the parcels subject to the proposed adjustments to the Maximum Permitted Service Rates. (Cal. Const., art. XIIID, § 6(b)(4)). (G) The proposed adjustments to the Maximum Permitted Service Rates are not imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. (Cal. Const., art. XIIID, § 6(b)(5)). (H) The City of San Bernardino has received Fo . -nine (49) timely -filed written protests. (I) Of those timely -filed written protests received, Forty, -nine 49 valid protests were submitted by the record owners of one or more of the parcels mailed I 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 Proposition 218 notices. Zero 0 notices were determined not to be valid. (J) The Mayor and City Council conducted a duly noticed public hearing on March 21, 2018, at which time the public had the opportunity to provide testimony regarding the proposed increases and the Mayor and City Council considered the testimony prior to making a final decision to adopt the proposed adjustments to the Maximum Permitted Service Rates. SECTION 3. California Environmental Quality Act. The adoption of this Resolution is exempt from the Requirements of the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21090(b)(8) and Section 15273 of the State CEQA Guidelines codified at 14 CCR Section 15273 because the Resolution pertains to the adoption of rates necessary to maintain services within the City's existing service area. SECTION 4. Declaration of Results. The total number of valid protests received by the City of San Bernardino does not constitute a majority of the parcels mailed Proposition 218 notices. SECTION 5. Effect of the Protests. The effect of the results of the protest count as described above in Section 4 is that the Mayor and City Council is authorized to adopt the proposed adjustments to the Maximum Permitted Services Rates as described in Exhibit "A" attached hereto and incorporated herein as though set forth in full. SECTION 6. Adoption of Adjustments to Maximum Permitted Service Rates. The Mayor and City Council do hereby approve and adopt the proposed adjustments to the Maximum Permitted Service Rates as described in Exhibit "A" attached hereto and incorporated herein as though set forth in full. 4 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 SECTION 7. Effective Dates. This Resolution shall be in full force and effect upon its adoption. The adjustment increasing the Maximum Permitted Service Rates by 1.92% shall be effective April 1, 2018. The rates for all other years shall take effect on July 1 of each designated year. SECTION 8. Waiver of Host Fee. The Host Fee required to be paid by Burrtec Waste Industries, Inc. pursuant to Section 3.4.4 of that certain Franchise Agreement approved by the Mayor and City Council on January 23, 2016 by Resolution No. 2016-10 is hereby waived for the period of July 1, 2017 through June 30, 2018. 5 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING THE RESULT OF THE PROPOSITION 218 PROTEST COUNT FOR THE PROPOSED ADJUSTMENTS TO THE MAXIMUM PERMITTED SERVICE RATES FOR INTEGRATED SOLID WASTE COLLECTION, PROCESSING, DISPOSAL AND RELATED SERVICES FOR A PERIOD OF FIVE YEARS AND APPROVING THE 5 -YEAR MAXIMUM PERMITTED SERVICE RATE SCHEDULE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 21' day of March 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ X BARRIOS X VALDIVIA X SHORETT X NICKEL X M RICHARD X MULVIHILL X(S) ABSTAIN ABSENT Georgeann Wanna, CMC City Clerk The foregoing Resolution is hereby approved this 21St day of March 2018. �F R. Carey Davis,,ayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: C'