HomeMy WebLinkAboutResolution No. 4144 - Adopting Findings re AB 2257 and Water Services Rates 202624438.00403\45253801.1
Resolution No. 4144
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STATE OF CALIFORNIA ) RESOLUTION NO. 4144
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, ADOPTING FINDINGS AND
DETERMINATIONS RELATED TO THE PRESENTMENT OF
OBJECTIONS TO THE CITY’S PROPOSED WATER SERVICE FEES IN
COMPLIANCE WITH EXHAUSTION OF ADMINISTRATIVE REMEDIES
PROCEDURES PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTIONS 53759.1 AND 53759.2, AND TAKING OTHER ACTIONS
RELATED THERETO
WHEREAS, Section 6 of Article XIII D of the California Constitution (“Proposition
218”) and the Proposition 218 Omnibus Implementation Act (Government Code § 53750,
et seq.) require that, prior to imposing any increase to the water service fees, the City of
San Jacinto (the “City”) shall provide written notice by mail of: (1) the proposed increases
to such water service fees to the record owner of each parcel upon which the water
service fees are proposed for imposition (record owners); (2) the amount of the water
service fees proposed to be imposed on each parcel; (3) the basis upon which the water
service fees were calculated; (4) the reason for the water service fees; and (5) the date,
time, and location of a public hearing (“Hearing”) on the proposed water service fees; and
WHEREAS, pursuant to Proposition 218, such written notice is required to be
provided to the record owners not less than forty -five days (45) prior to the Hearing on
the proposed water service fees; and
WHEREAS, the City provided written notice (“Notice”) to record owners and to
customers of record who are not the property owner (e.g., a tenant) in compliance and
consistent with Proposition 218; and
WHEREAS, the Notice included a prominently displayed statement that contained
the information that all written objections to the proposed water service fees must be
submitted within the written objection period and that a failure to timely object in writing
bars any right to challenge the proposed water service fees through a legal proceeding
and that contained all substantive and procedural requirements for submitting an
objection to the proposed water service fees; and
WHEREAS, the City established a written objection period with a deadline of 5:00
P.M. on August 3, 2026, to submit an objection; and
WHEREAS, the City made available to the public the proposed water service fees
no less than 45 days prior to the deadline to submit an objection; and
WHEREAS, the City posted on its internet website a written basis for the proposed
water service fees and included a link to the internet website in the Notice; and
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Resolution No. 4144
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WHEREAS, the City mailed the written basis to any property owner upon request
or, if no such requests were made, would have mailed the written basis to any property
owner upon request; and
WHEREAS, the City provided at least 45 days for a property owner or customer
of record (e.g., a tenant), to review the proposed water service fees and to timely submit
a written objection to the proposed water service fees that specifies the grounds for
alleging noncompliance; and
WHEREAS, the City considered and responded in writing, including the grounds
for which a challenge is not resulting in amendments to the proposed water service fees,
to any timely submitted written objections prior to the close of the Hearing; and
WHEREAS, timely submitted written objections and agency responses were
presented to the City Council for consideration prior to or during the Hearing; and
WHEREAS, the City Council now desires to make findings and determinations
related to the proposed water service fees.
NOW THEREFORE, BE IT RESOLVED, determined, and ordered by the City
Council of the City of San Jacinto, California, as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. The City Council has found and has determined that the written
objections and the City’s responses do not warrant clarification to any proposed water
service fee; no reduction in any proposed water service fee is warranted; no further review
is needed before making a determination on whether clarification or reduction of the
proposed water service fees is needed; and to proceed with the Hearing.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
SECTION 4. This Resolution shall become effective immediately upon its adoption.
PASSED, APPROVED, and ADOPTED at a Regular Meeting of the City Council
on the 4th day of August, 2026, by the following vote:
AYES: Vandever, Sanchez, Ayala, Ledezma, Ruiz
NAYS: None
ABSENT: None
ABSTAIN: None
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Resolution No. 4144
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CITY OF SAN JACINTO:
_____________________________
Crystal Ruiz, Mayor
ATTEST:
________________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
_________________________________
Craig Hayes, City Attorney
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Resolution No. 4144
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
CERTIFICATION
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby
certify that the foregoing Resolution No. 4144 was duly passed, approved, and adopted
at a Regular Meeting of the City Council of the City of San Jacinto on the 4th day of August,
2026, by the following vote:
AYES: Vandever, Sanchez, Ayala, Ledezma, Ruiz
NAYS: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 4th day of August, 2026.
_________________________
Julia Espinoza, City Clerk
City of San Jacinto
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