For City Council Meeting July 25, 2023
TO: Honorable Mayor and City Council
APPROVAL: Arron Brown, Acting City Manager
FROM: Timothy Sullivan, Director of Maintenance and Facilities
Title
Request City Council to: (1) Conduct a Public Hearing to Consider the Placement of Solid Waste Handling Service Charges on the Property Tax Roll; and (2) Adopt Resolution No. 8112 Authorizing the Placement of Solid Waste Handling Service Charges and Fees on the Property Tax Roll.
(ACTION)
Body
BACKGROUND
On July 25, 2017, the City Council adopted Resolution No. 7169, approving residential refuse collection service charges to be collected on the property tax roll. The collection of these service charges has occurred on a routine basis since the adoption of the Resolution, which is attached to this report as Attachment 1. Pursuant to the City of Rialto Municipal Code Chapter 8.08 and Health and Safety Code (“H&S”) Section 5470 et seq., the City may collect fees or charges for commercial, single-family residential, and multifamily residential solid waste handling services on the property tax roll for those premises.
In accordance with H&S Section 5473, the City has prepared a written report which contains a description of each parcel of real property and fees and charges subject to tax roll billing. This report is on file with the City Clerk and is attached as Exhibit “A” to the proposed resolution authorizing the collection of the fees and charges on the tax rolls. By approving the proposed resolution, the City Council would authorize the City to collect solid waste handling charges and fees for the described properties on the tax roll in the same manner and at the same time as the general taxes.
ANALYSIS/DISCUSSION
Prior to approving the placement of the service charges and fees on the tax roll, H&S Section 5473 et seq. requires the City Council to conduct a public hearing. Notice of this public hearing was provided in accordance with H&S Section 5473.1, by publishing a notice of the hearing in the San Bernardino Sun newspaper on July 10, 2023, and July 17, 2023.
During the public hearing, the City Council shall hear and consider all objections or protests, if any, to the report and the placement of the charges on the tax roll. If the City Council finds that a majority of the parcel owners subject to the charges have submitted protests or appeared to protest, the report shall not be adopted, and the charges must be collected separately from the tax roll. Upon the conclusion of the hearing, the City Council may adopt, revise, change, reduce, or modify any charge listed in Exhibit “A” included as Attachment 2 or overrule any or all objections. The resolution placing the charges on the tax roll must be approved by a two-thirds vote of the City Council, which is included in this report as Attachment 3.
ENVIRONMENTAL IMPACT
This action is exempt from the California Environmental Quality Act (CEQA) review in accordance with Section 15268, Ministerial Projects. Section 15268 allows for public agencies to make non-discretionary determinations as part of implementing its regulations.
GENERAL PLAN CONSISTENCY
Approval of this action complies with the City of Rialto General Plan Goals and Policies:
Measure 8.43: Provide Solid Waste and Recycling Programs, which states: continue to meet the community’s needs for solid waste disposal and recycling, and provide that operations are done in an efficient and cost-effective manner.
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report.
FINANCIAL IMPACT
Operating Budget Impact
Approval of the Resolution and collection of solid waste handling charges and fees on the San Bernardino County Auditor tax rolls will not create an increased financial burden. These fees will be collected and remitted to the solid waste franchisee in accordance with the City’s franchise agreement.
Capital Improvement Budget Impact
There is no impact to the Capital Improvement Budget related to the adoption of the Resolution.
Licensing
A Business License application and payment of a Business License tax is not required for this action.
RECOMMENDATION
Staff recommends that the City Council:
1. Conduct a public hearing to Consider the Placement of Solid Waste Handling Service Charges on the Property Tax Roll; and
2. Adopt a Resolution Authorizing the Placement of Solid Waste Handling Service Charges and Fees on the Property Tax Roll.