HomeMy WebLinkAboutCC Res 4932 2001-09-24
1
1
I
~~...~
~::5~ ~
.... "'l~-e (J.v
~~?'~
~
RESOLUTION NUMBER ..v~c:z
A RESOI_UTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, RULING ON
OBJECTlONS, DECLARING ITS CONSENT TO A
PROPOSED INCREASE IN STREET S\VEEPING FEES,
AND ORDERING SUBMITTAL OF A MI~ASURE
AUTHORIZING Tim PROl)OSED INCREASE TO A VOTE
OF THE AFFECTED LANDOWNERS
WHEREAS,
the City Council of the City of Seal Beach, Calitornia, previously adopted
Ordinance Number 1273 adding Chapter 22A to the Seal Beach Municipal Code;
and,
WHEREAS, Chapter 22A authorizes the City Council to establish and fix charges and fees for
community services such as street sweeping; and,
WHEREAS, based on the authority provided by Chapter 22A, the City Council previously
adopted Resolution Number 3788 establishing monthly charges for street
sweeping and tree trimming selvices in the City; and,
WHEREAS, the City currently provides street sweeping services on an every-other-week
schedule; and,
WHEREAS, the street sweeping fees collected pursuant to Resolution Number 3788 are
intended to pay for the direct costs of services thl1lished by the City; and,
WHEREAS, the street sweeping fees collected pursuant to Resolution Number 3788 fall short
of the actual costs of the street sweeping services currently furnished by the City
by approximately $50,000; and,
WHEREAS, due to concerns over water quality issues, the City desires to increase the
trequency of street sweeping services to provide street sweeping services on a
weekly basis; and,
WHEREAS, the City will incur additional costs to provide these additional street sweeping
services; and,
WHEREAS, the City lacks sufficient funds to provide weekly street sweeping sClvices and can
not continue to operate the street sweeping program at a deficit; and,
WHEREAS, due to concerns over water quality issues, the City intends to increase its services
to provide street sweeping services on a weekly basis; and,
WHEREAS, on August 9, 2001, and August 10,2001, notice of the proposed increase in strect
sweeping fees and of the time and place of the public hearing was mailed to each
owner of record of certain parcels of land in the City in accordance with the
provisions of Article XIIID of the California Constitution and the Seal Beach
Municipal Code; and,
WHEREAS, notice of the proposed increase in street sweeping fees and of the time and place
of the public hearing was published as required by law on August 23, 2001, and
August 30, 2001; and,
WHEREAS, on September 24, 200 I, at the time and place set forth in the notice, the City
Council conducted a hearing on the proposed increase in street sweeping fees and
heard and considered all objections '!Ind protests thcreto; and
WHEREAS, at the public hearing held on September 24, 200 I, wrillen protest by a majority or
the landowners was not presented.
Resolution Number ~
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1.
All of the foregoing recitals are true and correct.
Section 2. The charges proposed in Sections 4 and 5, below, do not exceed
the reasonable cost of providing street sweeping services and of making such services available.
Section 3. The Surfside Colony does not receive street sweeping services 1
from the City and is, therefore, exempt from the lees set forth in Sections 4 and 5, below.
Section 4. Except as provided in Section 5, below, the City Council hereby
consents to the following proposed fee schedule for street sweeping charges in the City of Seal
Beach elTective on the lirst day of January, 2002:
(a)
(b)
(c)
Single Family Dwelling
Multiple Residential Dwelling
Non-Residential Propeliy
$1.46 per dwelling per month
$0.88 per dwelling unit per month
$1.46 per water meter per month
Section 5. 5.1 The following uses shall pay a fee of one-dollar forty-six
cents ($1.46) per water meter per month for street sweeping services or three cents ($0.03) per
lineal footage of public street or highway frontage served by the City street sweeper, whichever
is greater:
(a) Commercial and/or office centers zoned CO, CI, or C2 with a minimum total lot
size of3.5 acres;
(b)
(c)
(d)
(e)
Manufacturing uses;
Bixby Old Ranch Country Club;
Public and instihltional uses;
Vacant properties with a minimum total lot size of2.5 acres.
I
5.2 TIle Seal Beach Trailer Park shall pay a fee of three cents ($0.03)
per lineal footage of public street or highway frontage served by the City street sweeper.
5.3 Multiple family projects in excess or sixty (60) units shall pay a
fee of filly-two dollars and fitly-six cents ($52.56) per month for street sweeping services
or three cents ($0.03) per lineal footage of public street or highway frontage served by
the City street sweeper, whichever is greater.
5.4 The Surfside Colony shall be exempt from the ubove fees.
" Section 6. In accordance with the provisions of Section 6 of Article XmD of
the California Constitution, the City Council hereby orders that the proposed fees set forth in
Sections 4 and 5, above, be authorized, and the following measure be submitted to a vote of the
qualified landowners of certain parcels ofland in the City of Seal Beach:
Shall Resolution Number 4932 be ratified to:
increase street sweeping fees; prohibit the City Council
from increusing such fees in any future year by more
than the increase in the Consumer Price Index; and
require the City Council to hold a public hearing
prior to enacting any future increase 'f
YES
-
1
NO
Section 7. If the qualified landowners approve the measure described ill
Section 6, Resolution Number 4932 shall supercede those portions of Resolution Number 3788
relating to street sweeping fees, which shull be of no further force and effect.
Resolution Number ~~
PASSED, APPROVED, AND A~o/JED by the City Co
meeting thereof held on the ~ day of
following vote:
of Seal Deach at a
2001, by the
AYES: Councilmembe
NOES: Council members
-
I ABSTAIN: Council members
ABSENT: Councilmembers
'14~
MA/iIJ
ATTE
/
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
1
I
Resolution Number~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of ......
2/24/75. Case Number A82583; that
,
the notice of which the annexed is 'a
.. ,
printed copy (set in type~not smaller
. .' J .
than nonpareil), ,has been" publishetl
I
in each regular and entire issu,e Qf
said newspaper a;o'r.lQt !n,9.riy"'"
supplement thereof on the following
dates, to-wit:
8 tZ3- S/3() l1:Qol
all in f e year 2001.'
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this:)o day of -p..v.J ust- , 2001.
~ M.(~YI~
Signature
PUBLICATION PROCESSED BY:
! THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
This space is for the County
Clerk's Filing Stamp
~
~l~
/
Proof of Publication of
...............................................
I
_.' '. ,-' NOTICE OF PUBLIC HEARING.. " _ - .
IN CONNECTION WITH CITY OF SEAL BEACH PROP,OSED STREET SWEEP.ING RATE INCREASE
NOTICE IS HEREBY GIVEN lhallhe cny Counc~ 01' !he CIty 01 Seal Bl!8Oh -PrOpcl68S 10 adopt'a resolubon appnw:
. Ing an Increase In Ihe monthly slrsel $weeplng lees commencing wllh Ilscal,yesl 2001-02 and ordering ahe pro-
posed Increase be sOOmllled 10 a vole bllha'affected property owners, rtte slreel sweeplflg lees are leVied pur-
suanllo Chapter 22A of Ihe Seal Beach Munltllpal t::ode 10 pay for the dlrecl cost, ol.servlCes lurlllshed by Ihe
Clay The City currently provldes'slreel sweePing seMees on an ev'ery bther week schedule Based on concerns
'over waler qualuy Issues. the Clly !olends 10 provide weekly street sweer-lIng services The proposed Inc.ease IS
necessary 10 pay tor Increased street sweeping sEItVlCes to be provlded .The streel S_W8eptng tees charged 10 each
property owner are based on the land U5B m.a parcel. Tile cunsnl and proposed formula lor calculallng the slreel
sweeping charges by land use are set forth III Table A The currenl amounllevlBd agalnsl each pelrcel and Ihe
proposed Increase lor fiscal year 2001.2002 are set fonh In Table B In subsequenlllscal yearti. the amounl of
Ihe slreel s~eeplng lees may be Increased eulomallcally by the aMudJ k'u;reese m Ihe Consumer Price Index lor
all Urban Consumers for Ihe Los Angeles-Anahelm-Rlversll:~e Area. 001 to exceed seven psrcent per year
Table A~ Street Sweeping Fee Formule by Land Use-
urren ormua m 5 rmua' ,
SO 50 er dwelll month l $1 46 er dwell! monlh
.30 er dwelll lIrut/monlh . $0 00 ar dwe II um nlh
050 perwalar meter/monlh S1 4l;! per water meier/month
50 per wa ar mele _ ~,nl . , 4 per wat~~ .meter nl
"or .:;.._ 1 ~ ,. or '.
SO 01 per'llnear looVmonth- . < $003 per Itnear loolfmOnlh
(whichever ~s greater) ,: '''.'' . (whIChever Hll greater)
per waler mele moo . per waler me er mon
. . or .: .,':.."". . . -,_ 01: - .' /-
SO 01 per linear IDOl/month:; $0:03 per 'tnesr fool/month
", . ,- "'(wtucheve{ IS greater) _ ~ " (whlChl}ver 1& realer)
a~ unry u ._ .5 perVfalermete nt $146perwalermele~!J1Onl
': .~:.'. , ~:- :of .,.... . '. ' '. or
-. . ~....' ,.$OOlperllnearlool/mcinth ~~_:., SO 03 per linear loot/month
.-: ", . ....:_.._~.. . . - (whlcheverls realer) . ~.' . (WhlchlllvellS realer) ,
~ can~ ns~tullony ;.!Oes" -., ~ perwal!irme~~,!,onlh '., -:~ ~ ~6p'efwalermele~~nlh
-'~,.;1..\-,,'.)f..-:-.:.:~;.:.~':',:>_::: : . ,... ~-.. ai, ".: I ~ '" ".1'''1" Or' .
$0 of p8r linear lOol/month : '; - 'SO 03 per linear lool/monlh
whlChl;tver Is ,ealer) whlch8ver IS rBaler
acanl Properties with a minimum -SO.5Q per we.\8( metel/month S 1 46 per waler meler/monlh
tallotslzeof25 acres or . :. . or .
$001 per linear fool/month $0 03 per Imea( fOOl/monlh
(whlc~ever.'s greater) \ (whichever IS grealer) ,,'
an se
In e Farnl Owellin
ulllple ReSIdential Owelll
on Res enliBl Property
mertla an or 0 ICe
enterszonedCO,C1.or;' ...,
(With minimum of .3 5 acres) .
) ~.nu ~tu _"g uses ,'.
-'
,"
. x
..
Table B. Streel SW8~plng Fee by lend U.e 1
urre lfiIY ee
r we I
$0 30 per dwelling Unit.
rWBermeer
$65.10 \
" .:~ :.= -
- ..
. .:'
ropose &fr)riI y ee
14 er(fii;iQin
$ 080 per dwelling unal
per water me er
......19009 ".
r ':' . .....
se
earn we 10
ul1lple Res enlal well ng -
n es enlla rope _
eal Beach ral er a
N'19IH111-12.199-011-13," ,
199-01H4,199-011-18.199-011-18.
199..011-19.199-011-20.199.011-22. "
199-011 , ','. '-
'Rlver Bea.:;h oOOos'
APN 199.012- 011hru 199-012-80
Boeing ,
APN95-61D-54) <-
.pamen'
N 43-160-50) ,-
IX Y aoc ollnlry ub
APN 13:>012-1
Bixby Ranch ennls lu
N 1:1>014.(7)
18.00
5256
. .
91~"
$265.72
..; ~.
"
:-lm4
3600
. .93 4
10612:
..' .
, NOTICE IS HEREBY FURTHER GIVEN 'haI. on Ule 241h day of S~ember. 200i, at'700 P M In the .
Counctl Chambers at Cily Itall, Iocaled at 211 8th Streel, S~al Beach, CalifornIa. 90740, a publiC II88nng will be
held on Il1e above-descnbed fse Increase AI dWl public hearing. lhe Clly Couf1Cll will hear and conSider 1111 ooJec-
lions or prole&IS 10 the proposed ordinance and repo'" .... _, .'
If Ihe City Council adopts the propoSed lesD!ulK)(l, lha proposed fee Increase WI&I be submlllad 10 a
vole 01 the aneeled property owners said vole will be conducled by I1lBII-ballole~ecllOn.
JOlnne Yeo ""
City Clerk .
City 01 Seal Belch
. .
~
-,
':~