Proposition 218 Solid Waste
Under Proposition 218, the City of Kingsburg is required to hold a protest hearing for certain property-related fees, assessments, and charges prior to creation or increase. The City mailed notices of the proposed rate adjustments to all possibly affected addresses and out-of-town property owners. The City will be holding a formal public hearing at City Hall on Wednesday August 3, 2022 at 6:00 p.m. (or as soon thereafter as feasible), prior to any adjustments taking effect.
A list of frequently asked questions has been included below, but if you have additional questions or concerns related to the Proposition 218 Public Hearing for the proposed rate adjustments, please call the Public Works Department at (559) 897-1066.
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The City assists community members on reliable and cost-effective collection of solid waste, recycling and organics (green waste & food waste) through the City’s franchised waste hauler, Mid Valley Disposal The City’s primary focus is on maximizing diversion of solid waste from landfill disposal.
The City also contracts out Street Sweeping Services to Central Valley Sweeping. Central Valley Sweeping maintains residential, commercial and public areas throughout the City.
Senate Bill 1383
In September 2016, Governor Brown signed into law SB 1383, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of California's economy. The targets must:
- Reduce organic waste disposal 50% by 2020 and 75% by 2025.
- Rescue at least 20% of currently disposed surplus food by 2025.
Effective January 1, 2022, all California residences and businesses will be required to separate organic waste from other trash and non-organic recyclables and participate in an organics collection program. The City of Kingsburg, in partnership with Mid Valley Disposal, is working to provide programs for residents and businesses to comply with the requirements of this legislation.
- Q: What is Proposition 218?
Proposition 218, or the “Right to Vote on Taxes Act”, was approved by California state voters in November 1996. The Act amended the California constitution to require local governments to follow certain procedures when they impose fees for certain kinds of services in order to ensure that they are subject to voter approval. Prop 218 is a tool designed to provide greater public involvement in the rate setting process.
- Q: Why are we proposing to raise the rates?
Over the last few years the Solid Waste fund has been operating in a deficit. The Solid Waste fund should be self supported by the rates. The The proposed rates were carefully determined by a third party contactor who conducted a rate study and considered the proposed disposal rates, operating and maintenance cost, increased cost due to SB1383 and additional street sweeping cost. If the rate is approved the first rate change would take place in September of 2022. Subsequent rate increase will take effect July 1 of 2023, 2024, 2025, & 2026.
- Q: When was the last time we raised the Solid Waste Rates?
The last rate increase was in 2009.
- Q: How can I protest the proposed rate adjustments?
You may mail or hand deliver a signed protest form to the City Clerk, 1401 Draper Street, until the close of the public hearing on August 3 , 2022. You have the right to submit a protest for each property serviced by the City's franchise solid waste hauler and/or street sweeping contractor . Resolution No. 2022-28 establishes the City’s procedures for the submission and tabulation of Prop 218 protests.
- Q: What needs to be included in my protest?
(1) State that the identified property owner is in opposition to the proposed increases to the solid waste rates;
(2) Provide the location of the identified parcel (by street address or assessor’s parcel number (APN);
(3) Include the printed name and original, wet signature of the property owner submitting the protest;
(4) Date the protest was signed; and
(5) Certification by the named property owner that the contents of the protest are true and correct.
Your signed protest may also be delivered/ dropped off in a sealed envelope and have “Attn: Protest Solid Waste Rate Increase "written on the outside in order to properly identify and account for the vote.
The notice and protest form will be mailed to you separately from your June utility bill. The protest forms are due by end of the public hearing on August 3, 2022. 6pm- 1401 Draper Street -City Council Chamber.
- Q: Can I call, email, fax or zoom in my protest?
No, Proposition 218 requires a written protest with a signature. You can voice your opinion on the Prop 218 rates ,but in order your protest to count you have the right to submit a written protest for each property with Solid Waste or Street Sweeping services. The notice and form will be mailed in June and can be downloaded here.
- Q: How can I support or vote “yes” on the proposed rate adjustments?
If you do not wish to oppose the proposed rate adjustments, no action is necessary. By not submitting a protest form, you are showing your support for the rate adjustments. You may also attend the public hearing on August 3 2022, to voice your support. The public hearing will be held a regular Council Meeting - 1401 Draper Street at 6pm.
- Q: When will the proposed rate increases take effect?
If passed, the new solid waste service charges will go into effect for all residential and business customers starting with the September 2022 utility bill.
- Q: I heard about the proposed rate increase, but didn’t receive paperwork. How can I get a copy?
You can download the Proposition 218 notice here.
- Q: What is the consequence if the proposed rate increases are voted down?
The rate increase is needed to cover the current cost of of service for all solid waste customers as we are currently operating on a deficit. The increase is also needed to cover the cost of expand services offered by Mid Valley Disposal to comply with SB 1383 , and to cover cost of operations and maintenance. Street Sweeping will also expanded to currently un-serviced public areas in addition to increased cost for the disposal of the street sweeping refuse. Without these rate increases, much need infrastructure maintenance and improvements city wide could be impacted as the increased cost would be covered by the general fund , this method of operating is not sustainable and could lead reduced levels of service.