MODIFICATION AND ADJUSTMENTS OF RATES FOR SOLID WASTE COLLECTION SERVICES

Article XIIID of the California Constitution requires the Phelan Pinon Hills Community Services District (“PPHCSD”) to send notification of a proposed rate increase to all owners and tenants of real property within PPHCSD’s service area who would be directly liable to pay for solid waste collection services to the property at least 45 days prior to a public hearing at which adoption of the proposed rate increases will be considered.  In accordance with those requirements, please be advised that PPHCSD is proposing an increase in its rates for solid waste collection services.  This Notice identifies the amount of the proposed rate increases; the basis upon which the proposed increases were calculated; the reason for the proposed rate increases; the date, time, and location of a public hearing on the proposed rate increases; and the manner in which all persons opposed to the proposed increases may object and/or file a written protest thereto.  Consequently, please be advised that this document shall serve as formal notification to you that PPHCSD’s Board of Directors will hold a Public Meeting on June 14, 2023, and a Public Hearing on June 14, 2023, on the proposed rate increases described herein, at 5:00 p.m., in the Phelan Community Center located at 4128 Warbler Road, Phelan, California.

INFORMATION ABOUT THE CHARGES

A.        Basis upon which the charges were calculated.  The PPHCSD Board of Directors has previously determined that the collection and disposal of solid waste in its service area shall be performed by CR&R Incorporated (“CR&R”) under the terms of an exclusive franchise agreement.  Pursuant to said contract, the maximum rates for solid waste collection services (“Customer Rates”) may be adjusted annually to reflect the change in the Consumer Price Index (“CPI”) and any adjustments to the landfill tipping (disposal) fees.  The Customer Rates and any adjustments and/or modifications thereto must be approved by adoption of Resolution by PPHCSD’s Board of Directors.  CR&R is requesting the rate modifications and/or adjustments set forth in Exhibit A attached hereto and incorporated by this reference commencing July 1, 2023.

B.         Reason for the proposed increases.  Government Code Section 53756 provides that agencies furnishing solid waste collection services may adopt a schedule of fees or charges covering a period not exceeding five years that authorizes automatic increases that pass through inflationary adjustments if the schedule includes a clearly defined formula for calculating those increases.  Consequently, it is proposed that the Customer Rates set forth in Exhibit A be adjusted annually effective July 1 for the years 2024-2028 by an amount equal to the calendar year annual twelve-month change in the CPI for All Urban Consumers (CPI-U) for the Riverside/San Bernardino/Ontario Area (December 2017 = 100) CUURS49CSA0.  With respect to commercial services, if the tipping fee charged at the landfill or disposal site then in use is adjusted for inflation by the County of San Bernardino at any time during the five-year period from July 1, 2024, to June 30, 2029, the Customer Rates set forth in Exhibit A that are thereby affected may be adjusted by a corresponding equal amount following notice given pursuant to Government Code Section 53755(a) not less than thirty days before the effective date of said adjustment. 

C.        Charge per parcel.  PPHCSD proposes to adopt rate increases for solid waste collection services as described above.  If you need assistance determining the charge for your property or parcel, you may contact PPHCSD by calling (760) 868-1212 or by mail to P.O. Box 294049, Phelan, CA 92329 or in person at 4176 Warbler Road, Phelan, California. 

D.        Written report.  A written report has been prepared and filed with PPHCSD’s General Manager regarding the proposed new Customer Rates.  As required by California Government Code Section 66016, the written report also provides data indicating the amount of cost, or estimated cost, to provide solid waste and recycling services and the revenue sources anticipated to provide the service.  A copy of the written report is available at PPHCSD’s offices located at 4176 Warbler Road, Phelan, California.

HOW TO PARTICIPATE

If you have any questions or comments about the proposed Customer Rates or wish to protest you may:

Write – Written protests may be mailed to the Phelan Pinon Hills Community Services District, Attention: Clerk of the Board, P.O. Box 294049, Phelan, CA 92329; or hand delivered to the PPHCSD administration office at 4176 Warbler Road, Phelan, California.  Written protests must specify the rate or charge being protested and must include:  Your name, parcel number and/or service address, a statement of protest (“I/we protest” will suffice), and the original signature of the protesting owner or tenant (photocopies will not be accepted).  E-mailed protests will not be accepted.

Attend the Public Hearing – Written protests may also be submitted at the Public Hearing on June 14, 2023, at 5:00 p.m., in the Phelan Community Center located at 4128 Warbler Road, Phelan, California. Only one written protest per identified parcel (i.e., address/assessor parcel number) relating to the fee increase will be counted.  All written protests must be received by PPHCSD before the conclusion of the Public Hearing.  You may address PPHCSD’s Board of Directors; however, oral comments do not qualify as a formal protest unless accompanied by a written protest.  You may attend the Public Hearing either in-person at 4128 Warbler Road, Phelan, California, or via teleconference by visiting www.pphcsd.org/meetings, clicking on the Board of Directors Meeting for June 14, 2023, and clicking “Join Remote Meeting.”

Information available to you – Copies of the written report, the proposed Resolution, PPHCSD’s exclusive franchise agreement with CR&R, and further details concerning the reasons for the proposed rate increases and the basis upon which they were calculated, are available for review at the PPHCSD office located at 4176 Warbler Road, Phelan, California.

Public Hearing process – At the time of the Public Hearing, PPHCSD’s Board of Directors will hear and consider all protests and objections.  After the Public Hearing, if a majority of the property owners and tenants of real property directly liable for paying solid waste and recycling service bills for the affected parcels file written protests in opposition to the proposed rate increases, the increases will not be imposed.  However, if a majority protest is not received, PPHCSD’s Board of Directors may increase the Customer Rates in the manner described in this Notice.  If adopted, the proposed rates would become effective July 1, 2023.