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Home My WebLink AboutCC Res 5396 2005-11-14 RESOLUTION NUMBER 5396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH INCREASING THE FEES FOR USERS CONNECTED TO THE CITY'S SEWER SYSTEM IN SUNSET AQUATIC PARK RECITALS I 1. The City of Seal Beach maintains a city sewer system ("System") for sewer users in the City of Seal Beach. 2. On August 8, 2005, City Council adopted the 2005 Sewer System Master Plan Update ("SSMP"). In summary, the SSMP identifies: an aged System needing rehabilitation and improvement; insufficient revenue generated from charges charged to users to pay for the cost of an adequate System; and approximately $15 million in capital improvements over the next 10 years needed to maintain an adequate System. 3. A site-specific rate study ("Study") was conducted for Sunset Aquatic Park. The Study establishes that the charges and fees generated by the users in the Park are insufficient to pay the cost of the sewer service provided to such users. The Study shows that there is an annual shortfall of$69,900 between the revenue derived from charges and fees generated by the users in the Park and the actual cost of operating and maintaining the service. The existing rate structure cannot generate sufficient revenue to maintain and implement the existing or recommended capital and maintenance program. The Study recommends that, in addition to existing service and the capital charges set forth below in Recital 10, charges ("Charges") be established so that the revenue generated by the users connected to the System in the Park is sufficient to maintain and implement the capital and maintenance program. I 4. Section 9.30.020.B of the Seal Beach Municipal Code provides for the establishment and modification of sewer charges by resolution of the City Council. 5. The City caused a report ("Report") regarding the proposed Charges to be prepared and filed with the City Clerk. The Report, SSMP and Study have been filed with the City Clerk and have been available for public review and inspection since September 2005. 6. The Report identified the parcels upon which users of the city sewer system are located as to whom the Charges would be imposed and calculated the amount of proposed Charges. 7. On September 9,2005, in full compliance with Proposition 218 and Govemment Code Section 66016, where applicable, the City mailed notice of the proposed Charges to each sewer user, explaining the total amount of the proposed Charges, the amount each sewer user would pay, the duration of the payments, the reason for the adjustment in the Charges, the basis upon which the Charges was calculated, and instructions on providing written comments to the City on the proposed Charges, together with the date, time, and location of a public hearing on the proposed Charges. I 8. The City Council held a public hearing regarding the proposed Charges on October 24, 2005, at which time the City Council received public testimony and considered written comments on the Charges. Representatives of the owner Orange County ("Owner") and the ratepayer G&K ("Ratepayer") presented both written and oral comments regarding the Charges. Such representatives requested that the Council defer taking action on the Charges until they had an opportunity to review additional material submitted by the City staff concerning the basis for the proposed Charges. The City entered into the record the Report, SSMP, Study, October 24, 2005 staff report, staff's oral presentation, written correspondence and testimony. 9. Upon conclusion of the hearing, the City Council determined that (i) revenues to be derived from the proposed Charges will not exceed the funds required to provide sewer service, (ii) revenues to be derived from the Charges will not be used for any Resolution Number 5396 purpose other than that for which the proposed Charges will be imposed, (iii) the amount ofthe proposed Charges imposed upon any parcel will not exceed the proportional cost of the sewer service attributable to the parcel, (iv) no proposed Charges will be imposed unless sewer service is actually used by, or immediately available to, the owner of the property in question, and (v) the proposed Charges will not be imposed for general governmental services including, but not limited to, police, fire, ambulance or library services where the service is available to the public at large in substantially the same manner as it is to the property owners subject to the proposed capital fund charge. 10. After the conclusion of the hearing, City staff tabulated all written protests timely submitted and the City Attorney informed the Council that there were not enough written protests to constitute a majority protest. Accordingly, the City Council has determined that there is not a majority protest to the Charges. I 11. On October 24, 2005, the City Council established the following sewer capital fund charges: Monthly Sewer Capital Fund Charges - Meter Size ..... ..... lJ&.07 07-00 os.... 09-'0 10-" 11-12 12.13 13-'4 14.15 15-18 16-17 ReSldenbal 1 .08 987 1181 1383 ,.02 ,... 21.18 23.72 28.10 27.40 2.22 29.07 29.9' 2 2332 27.88 33SS .030 .... ..29 .,29 .... 75.51 78.28 81.68 84.11 ".83 ,.... 18843 23812 28574 32.80 377.88 ....SS 4887. 535 40 58217 57804 59841 81430 . 278 .. 331.88 398.39 47807 ...78 832 25 727 os 81433 ...n 940 55 98877 887.83 1.02777 ,. 14.84 17.81 21.37 2'" 29.. 3381 .900 .... 48.05 5045 "98 53.52 55.13 .83 7.00 .40 1007 1159 ..32 '532 17.16 ,." ,.82 2041 21.03 21.66 518 ... 700 .'0 1007 11.59 "32 1532 1718 ,... '982 2041 21.03 2. 001 - - - .... ,... "" 12" 10% ... ... ." ... Miller SIze 04-05 ..... lJ&.07 07-08 08.Q9 09-10 10-11 11-12 12-13 13-14 14-15 15-18 16-17 CornmeraallG ovemment 1 1378 ,." 19.. ..., 27." 31.48 38.21 40SS 4482 .... .... 4970 5118 2 72.08 ...50 103.80 12455 14324 18472 18943 21216 233 .. 24505 252 40 259 97 28777 . 19828 23914 288 .. ...... 3880' 455.41 52372 ... .7 84523 67749 69781 71875 74031 . 35ll.. 43121 51745 B20 94 71408 821.19 944.7 1 D57 70 118347 122184 125829 1.29804 1334 . 507 74 809.29 73115 ~737 1.008 98 1.16033 1.334.38 1 494 50 184395 172815 1 777 93 1831 Z7 188821 . '1l5000 1.27200 1 S2S 40 1.83168 2,10843 2,422.40 2,78578 12005 3 432 05 3 803 85 .3.71178 3,823 12 3.93781 10 '1l5000 1.272.00 1,528 40 1.83188 2,10643 2,422 40 2.785.78 3.12005 3,432 05 3,80385 3.711.78 3,82312 3,93781 " '.02 2182 2595 31.14 ..., 4118 47.38 ".04 ..... 81.28 8310 ".99 ..94 3/4 ... 7.83 .,. .0.. 12.. ".. 18.71 1872 2059 2182 2227 2294 ... ... 783 91. 1099 12.. 14.53 18,71 1872 2059 2182 2227 2294 23.8 I 12. The City Council honored the request from the Owner and Ratepayer and deferred taking action with respect to the Charges. 13. All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council hereby specifically finds that all the facts set forth in the Recitals of this Resolution are true and correct. Section 2. The following Charges are hereby established and fixed for any entity connected to the city sewer system in the area known as Sunset Aquatic Park, parcels 178-571-01, (-02), (-15), (-16), (-17), (-18), and (-19), and referenced as account number 4944,49454946,4947, and 4948, of the City's Utility Billing List: Sunset Aquatic Park Charges 2-inch I Meter Size Section 3. The Charges set forth above for fiscal year 2005-2006 shall become effective 30 days after the date this Resolution is adopted. Thereafter, each respective Charge set forth above shall become effective the first billing cycle of each respective fiscal year. Resolution Number 5396 I Section 4. The City Council hereby finds and determines that (i) revenues to be derived from the Charges will not exceed the funds required to provide sewer service, (ii) revenues to be derived from the Charges will not be used for any purpose other than that for which the Charges will be imposed, (iii) the amount of the Charges imposed upon any parcel will not exceed the proportional cost of the sewer service attributable to the parcel, (iv) no Charges will be imposed unless sewer service is actually used by, or immediately available to, the owner of the property in question, and (v) the Charges will not be imposed for general governmental services including, but not limited to, police, fire, ambulance or library services where the service is available to the public at large in substantially the same manner as it is to the property owners subject to the proposed capital fund charge. Section 5. All provisions in Seal Beach Municipal Code Chapter 9.30, and any provisions in resolutions pertaining to the Charges shall remain in effect except as modified herein. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this 14th day of November ,2005 by the following vote: AYES: Council Member&f1AIWn , 1~7di-1 }bJ.t~, F Council Members ~ Council Members ~ Council Members_On~ NOES: ABSENT: ABSTAIN: I ~~ Mayor ATTEST: ~~~ City Clerk STATE OF CALIFORNIA } COUNlY OF ORANGE } 55 CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original copy of Resolution Number 5396 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 14th day of November ,2005. I ~~, Ity lerk