CC RESOLUTION 4569RESOLUTION NO. 4569
A RESOLUTION AMENDING RESOLUTION NO. 3922 BY
ADJUSTING HOUSEHOLD INCOME LEVELS NEEDED TO
QUALIFY FOR WATER LIFELINE RATES.
The Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The most recent United Sates census data from 2000 reports that there
were 122 families who lived below the federal poverty line within the City
of El Segundo. In 2008, the federal poverty line for a four person
household is $21,200 (see Federal Register, Vol. 73, No. 15, January 23,
2008, pp. 3971 - 3972);
B. It is in the public interest for the City to assist those persons who already
struggle to pay for the cost of living and, in making this determination, the
City Council takes particular note of Koire v. Metro Car Wash (1985) 40
Cal.3d 24 and Starkman v. Mann Theatres Corp. (1991) 227 Cal.App.3d
1491.
C. Accordingly, based upon the findings set forth above, the City Council
believes that it has a substantial public interest in adopting this Resolution
to give some relief to low- income households when paying for basic
needs such as potable water.
SECTION 2: Section 2(13) of Resolution No. 3922, adopted on June 6, 1995, is
amended to read as follows:
"B. Water Lifeline Rate.
A. On an annual basis, the city council may determine whether to make a
water lifeline rate available to persons who qualify for such a discounted
rate pursuant to this section. Nothing in this section creates, or is
intended to create, a property right for qualified persons to a lifeline rate
as described by this section. Rather, establishing a lifeline rate is a
discretionary determination made by the city council annually that is
dependent, among other things, on projected interest revenue derived
from the city's water enterprise fund.
B. Persons meeting the qualifications in this section may, but are not required
to, pay a discounted rate. In determining the discount rate, the city council
should consider the following matters:
The interest revenue anticipated by the city budget for the city's
water enterprise fund;
2. The number of persons qualified to pay the discounted rate
established by this section; and
3. The residential water service fee.
C. To qualify, a person must meet all these criteria in a given billing period:
Be a qualified participant in the California Alternate Rates for Energy
( "CARE ") program established by Public Utilities Code §§ 739.1 and
739.2 as determined by the most recent California Public Utility
Commission decisions. For example, and not limitation, the CARE
income limit for a one or two person household is $30,500 at the time
this Resolution was amended;
2. Be a residential water customer; and
3. The water meter used by the applicant must be for residential use
and is limited to one inch or smaller size.
D. Applications for the water lifeline rate must be filed with the finance
department. To apply for the water lifeline rate, a person must submit the
following documents to the finance department:
A signed photocopy of the CARE application form, or other
competent acceptable evidence of CARE qualification and
enrollment such as a recent Southern California Edison billing
statement;
2. Proof that the person resides at the residence.
E. The water lifeline rate will first be recognized on the next full billing cycle after
the date of approval. The finance department may require such additional
evidence as it deems necessary or appropriate in processing the claim. Only
one person from each household is permitted. The finance department, at
any time, may require a person to provide proof of continuing eligibility. Any
change in the qualification status of the person during the fiscal year of the
allowance must be immediately reported by that person to the finance
department.
F. Persons who would otherwise qualify, but are billed through a master meter
serving multiple housing units, are not eligible for the water lifeline rate.
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G. Applications for water lifeline rates must be renewed annually. The
finance department will accept renewal applications from April 1 through
April 30 of each year."
SECTION 3: This Resolution is exempt from review under the California Environmental
Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQX) and CEQA regulations
(Cal. Code Regs. tit. 14, §§ 15000, et seq.) because it establishes, modifies, structures,
restructures, and approves rates and charges for meeting operating expenses;
purchasing supplies, equipment, and materials; meeting financial requirements; and
obtaining funds for capital projects needed to maintain service within existing service
areas. This Resolution, therefore, is categorically exempt from further CEQA review
under Cal. Code Regs. tit. 14, § 15273.
SECTION 4: The City Clerk is directed to certify the passage and adoption of this
Resolution; cause it to be entered into the City of El Segundo's book of original
Resolutions; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Resolution, cause it
to be published or posted in accordance with California law.
SECTION 5: This Resolution will become effective immediately upon adoption and
remain effective unless repealed or superseded.
APPRi
Mark C
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PASSED AND ADOPTED this,lX' days $epte4er, 2008.
iey
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Kelly McDowell, Mayor
City of El Segundo /
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 4569 was duly passed and adopted by said City Council, approved and
signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a
regular meeting of said Council held on the 16th day of September 2008, and the same
was so passed and adopted by the following vote:
AYES:
McDowell, Busch, Brann, Fisher, Jacobson
NOES:
None
ABSENT:
None
ABSTAIN:
None
Cindy Mort n, City Clerk
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