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Resolution No. 2024-XXX <br />Page 2 of 5 <br />WHEREAS, the Sanitation Services Users Charge (“Charges”) is billed on a bi- <br />monthly billing basis; and <br />WHEREAS, the Charges are property-related fees within the meaning of Article <br />XIII D of the California Constitution; and <br />WHEREAS, the revenues derived from the Charges will not exceed the funds <br />required to provide the services for which the Charges are imposed, and will be used <br />exclusively for street cleaning services (e.g. roadway cleaning and street sweeping) and <br />other environmental sanitation services such as illegal dumping/rubbish removal, alley <br />and sidewalk cleaning, power washing, sanitation and right-of-way inspection and <br />enforcement, and weed abatement; and <br />WHEREAS, the Charges are equitable to all customer classes; and <br />WHEREAS, Article XIII D, section 6 of the California Constitution (“Article XIII D”) <br />requires that prior to imposing new or increased Charges, the City shall provide written <br />notice by mail of the new or increased Charges to the record owner of each parcel upon <br />which the Charges are proposed for imposition and any responsible party directly liable <br />for payment of the Charges, the amount of the Charges proposed to be imposed on <br />each parcel, the basis upon which the Charges were calculated, the reason for the <br />Charges, and the date, time, and location of a public hearing on the proposed Charges; <br />and <br />WHEREAS, on December 5, 2023, the City Council authorized the initiation of <br />the process to adjust the Sanitation Fee in compliance with California’s Proposition 218 <br />requirements; and <br />WHEREAS, on December 27, 2023, the City distributed notices as required by <br />Article XIII D regarding the City Council’s consideration of the Charges at a public <br />hearing scheduled for February 20, 2024, to all property owners and customers of <br />record whose parcels receive sanitation services and would be subject to the proposed <br />user charge adjustments in accordance with Article XIII D, Section 6(a)(1) of the <br />California Constitution and Government Code Section 53755; and <br />WHEREAS, on February 20, 2024, the City Council held a duly noticed public <br />hearing on the Charges contained in this Resolution within Exhibit A, and at that time <br />invited oral and written comments from the public; and <br />WHEREAS, upon close of said public hearing, the City did receive ________ <br />written protests to the Charges, and therefore there has been no majority protest; and <br />WHEREAS, the City Council now desires to establish and impose the Charges <br />as set forth in Exhibit A, commencing on July 1, 2024 and subject to annual user <br />charge adjustments through July 1, 2028; and