Loading...
HomeMy WebLinkAboutResolution - 3860STATE OF CALIFORNIA ) RESOLUTION NO: 3860 COUNTY OF RIVERSIDE ) CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY OF SAN JACINTO ADOPTING AN INCREASE IN ITS WASTEWATER SERVICE RATES WHEREAS, the City of San Jacinto ("City") operates a wastewater enterprise, which provide services to businesses, residences and other properties in the City; and WHEREAS, on June 2, 2020, the City Council adopted Ordinance No. 20-06, authorizing the City Council to adopt new wastewater rates by resolution; and WHEREAS, the City has determined that it is necessary to increase the rates for its wastewater services charges (collectively herein, the "Charges") to: (1) pay Eastern Municipal Water District ("EMWD") charges for the treatment of sewage; and (2) adequately fund operating expenses, achieve reserve policy targets, fund long-term capital programs, and comply with debt covenants for its wastewater collection system, and WHEREAS, the rate structure for wastewater service charges applies to all customers served by the City's wastewater system; with customers billed either by Equivalent Dwelling Unit (EDU) or by the estimated amount of water returned to the wastewater ("flow"). Customers billed by flow are Commercial, School, and Church facilities; and WHEREAS, the rates for the wastewater service charges are comprised of three components: (1) a flat pass through charge imposed by EMWD to treat wastewater per EDU; (2) a Capital Fixed Charge imposed by EMWD per EDU; and (3) a monthly wastewater charge either billed (a) per EDU or (b) by flow in hundred cubic feet for Commercial, School, and Church facilities; and WHEREAS, effective July 1, 2021, the City is proposing to implement increased rates for wastewater service charges, all as set forth in Exhibits "A" hereto; and WHEREAS, the City further proposes to pass -through any increase to the rates adopted by Eastern Municipal Water District that are imposed on the City for a five-year period commencing July 1, 2021, provided no such increase shall cause the rates to exceed the cost of providing sewer service. Any such increase shall apply to the Eastern Municipal Water District treatment charges and Capital Fixed Charge exclusively, and shall not cause the rate for either the treatment charge or the Capital Fixed Charge to increase by more than 15% in any calendar year. WHEREAS, the revenues derived from the Charges will not exceed the funds required to provide the services and shall be used exclusively for the operation and maintenance of the wastewater systems; and WHEREAS, the Charges are equitable to all customer classes; and WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the Charges will not be imposed on a parcel unless the service is actually used by, or immediately available to, the owner of the parcel or the tenant directly responsible for the charges; and WHEREAS, article XIII D, section fi of the California Constitution ("Article XIII D") requires that prior to imposing any increase to the Charges, the City shall provide written notice (the "Notice") by mail of the new or increased Charges to the record owner of each parcel upon which the Charges are proposed for imposition and any tenant directly liable for payment of the Charges, the amount of the Charges proposed to be imposed on each parcel, the basis upon which the Charges were calculated, the reason for the Charges, and the date, time, and location of a public hearing (the "Hearing") on the proposed Charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than forty-five days prior to the Hearing on the proposed Charges; and WHEREAS, the City did provide such Notice to the affected property owners and tenants in compliance with Article XIII D; and WHEREAS, the Hearing was held on June 15, 2021; and WHEREAS, at the Hearing, the City Council of the City of San Jacinto ("City Council") considered all written protests to the proposed rate increases to the Charges received prior to the close of the Hearing, and heard oral testimony concerning the establishment and imposition of the proposed rate increases to the Charges, and at the close of the Hearing the City determined that it did not receive written protests against the establishment and imposition of the proposed increases to the Charges from a majority of the affected property owners and tenants directly liable for the payment of such Charges; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: SECTION 1: Incorporation of Recitals: The Recitals set forth above are made findings of this City Council and are incorporated herein and made an operative part of this Resolution. SECTION 2: Inconsistency with other Charges: To the extent any Charges established by this Resolution are inconsistent with Charges previously adopted; it is the explicit intention of the City Council of the City of San Jacinto that the Charges adopted pursuant to this Resolution shall prevail. SECTION 3: Wastewater Service Charges: The City Council hereby adopts the wastewater service charges, to be effective on the dates, in the amounts, and at the rates set forth in Exhibit °A", attached hereto and incorporated herein by this reference. SECTION 4: Authorization: The City Manager is hereby authorized and directed to take all action necessary to implement and collect the Charges set forth herein. SECTION 5: CEQA Compliance: The City Council finds that the administration, operation, maintenance, and improvements of the City's wastewater systems, which are to be funded by the Charges, and set forth herein, are necessary to maintain service within the City's existing wastewater service areas as described herein. The City Council further finds that the administration, operation, maintenance and improvements of the City's wastewater systems, to be funded by the Charges, will not expand the City's wastewater systems. The City Council further finds that the adoption of the Charges is necessary and reasonable to fund the administration, operation, maintenance and improvements of the City's wastewater systems. Based on these findings, the City Council determines that the adoption of the Charges established by this Resolution are exempt from the requirements of the California Environmental Quality Act pursuant to section 21080(b)(8) of the Public Resources Code and section 15273(a) of the State CEQA Guidelines. SECTION 6: Severability: If any section, subsection, clause or phrase in this Resolution or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Resolution or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid. SECTION 7: Effective Date: This Resolution shall take effect and be in full force and effect upon its adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of San Jacinto on the 15th day of June 2021 by the following vote: AYES: Ayala, Ledezma, Hawkins, Lopez NAYS: None ABSENT: Ruiz ABSTAIN: None CITY OF SAN JACINTO: AIL)so L Alonso Ledezma, Mayor ATTEST: Ange a Walton, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Michael J. Maurer, City Attorney ri CERTIFICATION STATE OF CALIFORNIA COUNTY OF RIVERSIDE j CITY OF SAN JACINTO ) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3860 was passed, approved, and adopted at a regular meeting of the City Council of the City of San Jacinto on the 15th day of June 2021. AYES: Ayala, Ledezma, Hawkins, Lopez NAYS: None ABSENT: Ruiz ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL the 15th day of June 2021. 'L�ZL A e anon City Clerk City of San Jacinto EXHIBIT "A" SCHEDULE OF WASTEWATER CHARGES Monthly Wastewater Charnes Charge Type FYE 2022 FYE 2023 FYE 2024 FYE 2025 Per EDU $6.53 $7.05 $7.61 $8.22 Per hcf $0.59 $0.64 $0.69 $0.75 Nate: 1 EDU = 11 hd 0