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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.
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.
The last rate increase was in 2009.
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-XX establishes the City’s procedures for the submission and tabulation of Prop 218 protests.
(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 a form was included in the Public Hearing Notice mailed with your June utility bill. The protest forms are due by end of the public hearing on August 3, 2022. 6pm 1401 Draper City Council Chambers.
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 were mailed with your your June utility bill and can be downloaded here.
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.
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.
You can download the Proposition 218 notice here.
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.
The rates will remain in effect indefinitely or until new rates are proposed and another Prop 218 protest hearing is held.