CC RESOLUTION 4888RESOLUTION NO. 4888
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ESTABLISHING PROCEDURES FOR INCREASING
WATER, WASTEWATER, AND SOLID WASTE FEES IN
ACCORDANCE WITH THE REQUIREMENTS OF PROPOSITION 218.
The City Council for the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On July 24, 2006, the California Supreme Court confirmed that charges
for water and wastewater services are subject to Proposition 218
procedures (Bighorn - Desert View Water Agency v. Verjil (2006) 39 Cal.41h
205);
B. The City Council anticipates that there will be future increases in water,
wastewater, and solid waste rates. Adopting the policies and procedures
set forth in this Resolution will help implement the requirements set forth
in Article XIIID of the California Constitution and help ensure that the
rights of those persons that are authorized to protest service charges are
preserved;
C. Elections Code § 4000(c)(9) provides that any protest ballot proceeding
required or authorized by California Constitution Articles XIIIC or XIIID
may be conducted wholly by mail. In the event a protest ballot process is
required, the City Council seeks to achieve higher awareness of those
affected by the proposed increase, provide an orderly protest process for
both those receiving the ballots and the City, ensure to the extent
practicable that there is some verification process regarding the protests
received, and to reduce the costs of the protest ballot process; and
D. Adopting this Resolution is in the public interest for the reasons set forth
above and as further stated within Article XIIID and the Proposition 218
and state legislation relating to the implementation of Proposition 218.
SECTION 2: The City Council adopts the procedures set forth in this Resolution for
conducting all proceedings required by California Constitution Article XIIID for utility
fee (as defined below) increases. Where no specific procedures are imposed by Article
XIIID or the Proposition 218 Omnibus Implementation Act (Government Code §§ 53750,
et seq.), the procedures set forth in this Resolution apply. This Resolution may be
referred to as the "Proposition 218 Protest Proceedings Resolution."
SECTION 3: Definitions. Unless the contrary is stated or clearly appears from the
context, the following definitions govern the construction of the words and phrases used
in this Resolution. Words and phrases not defined by this Resolution will have the
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meaning set forth in California Constitution Article XIIID or the Proposition 218
Omnibus Implementation Act.
A. "Act" means the Proposition 218 Omnibus Implementation Act found at
Government Code §§ 53750, et seq.;
B. "Article 131)" means California Constitution Article XIIID, § 6;
C. "Manager" means the City Manager or designee;
D. "Property owner" has the same meaning set forth in Article 13D and also
pursuant to the Act includes tenancies of real property where tenants are
directly liable to pay the proposed water or wastewater fee or charge;
E. "Protest" means a written protest filed with the City Clerk in accordance
with Article 13D, the Act, and this Resolution as described in Article 13D,
§ 6(a)(2);
F. "Utility fee" means a fee or charge imposed for potable water, wastewater,
or solid waste services provided to customers in accordance with the El
Segundo Municipal Code ( "ESMC "), and other applicable law, by the City
of El Segundo.
SECTION 4: Calculation of the fee and proposed increase. Utility fees must be
calculated in accordance with the recommendations in the latest independent Rate Study
report or City's internal financial analysis.
SECTION 5: Administration of Proceedings. The City Manager, or designee, is
authorized to implement this Resolution in a manner consistent with the California
Constitution and other applicable law.
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A. In general, the City will identify the record property owner(s) of each
parcel to which the utility fee would be applied from it's billing system
database and /or the latest equalized tax roll produced by Los Angeles
County. The City's Utility Billing database and the equalized tax roll is
presumptive evidence of ownership of the land for voting purposes.
B. If either the City's Utility Billing Database or Los Angeles County
Recorder's website shows that more than one property owner has an
interest in a parcel, all property owners (each property owner) must
receive notice at the address shown for the property owner. Both property
owners and parties financially responsible for paying the fee will be
provided notice. In the event that notice is sent for a utility service for
which the City is not currently charging a fee, the notices will be sent to
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the property owner based upon the Los Angeles County Recorder's
website and to the street address to which the service would be provided if
the address is different than the address designated for the property owner
on the Los Angeles County Recorder's website.
C. The notice must be sent by first class mail at least forty -five (45) days
before the date set for the public hearing on the utility fee.
D. The form of the notice of hearing will be approved by the City Council
and be on file with the City Clerk.
E. The notice provided by these procedures, in accordance with Article 13D,
supersedes and is in lieu of notice required by any other statutes to levy or
increase a utility fee.
F. The City Clerk, or designee, may certify the proper mailing of notices by
an affidavit which constitutes conclusive proof of mailing in the absence
of fraud.
G. Failure of any person to receive notice does not invalidate the proceedings.
SECTION 7: Protests against Utility Fee Increases.
A. The property owner(s) of parcels subject to the proposed fee increase are
entitled to a single protest for each parcel. When a parcel is held as
community property or in joint tenancy or as a tenancy in common, any
spouse or joint tenant or tenant in common is presumed to have authority
to cast a protest on behalf of such parcel.
B. Executors, administrators, and guardians may cast a protest on behalf of
the estate represented by them. If such representatives are shown on the
late et nccPCement roll ac nnvina tnxec and on behalf of the
property owner(s), that fact establishes the right of such representative(s)
to cast a protest. If such representatives are not shown on the latest
assessment roll, the representatives may file with the City Clerk, at any
time before the commencement of the public hearing, or the date of the
election, as the case may be, certified copies of the written documentation
establishing the legal representation.
C. The protest of any public or quasi - public corporation, private corporation,
or unincorporated association may be signed by any person so authorized
in writing by the board of directors or trustees or other managing body
thereof.
D. The Manager is designated as the voting representative with respect to
City -owned property.
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E. In any case where the documentation provided to the City Clerk in is
ambiguous or unclear, the City Attorney will determine whether the
documentation is adequate for the purpose provided.
F. In the event a property owner loses or misplaces a protest ballot, upon
request by the property owner the City will provide a replacement protest
ballot unless a properly filled out protest ballot has already been received
for the parcel of property.
SECTION 8: Public Hearing.
A. Only protest ballots that (i) were provided by the City to the property
owner in the form approved by the Council and (ii) are properly filled out
and legibly signed by an eligible property owner is made will be counted
as a valid protest. Only one protest shall be counted for each parcel of
property regardless of the number of protests filed by property owners for
the parcel.
B. The City Clerk must stamp each written protest the date and time it is filed
with the City Clerk for purposes of establishing whether the protest was
filed before the close of the public testimony portion of the public hearing.
No protest received after the close of the public testimony portion of the
public hearing can be counted in determining the amount of protest, but
the Council may, in its discretion, consider such protests in making its
decision. Written protests may be withdrawn in writing at any time before
the conclusion of the public testimony portion of the public hearing.
C. At the time and place fixed for the hearing, or at any time to which the
hearing is adjourned, the Council must:
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increase;
2. Hear all objections, protests or other written communications from
any owner of property subject to the proposed utility fee; and
3. Take and receive oral and documentary evidence pertaining to the
proposed fee increase.
4. The hearing may be continued from time to time, as the Council
determines necessary to complete its consideration of the proposed
fee increase.
5. If the Council determines, at the close of the public testimony
portion of the public hearing, that votes were received from
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property owners representing a majority of the parcels subject to
the proposed fee increase, the Council shall adopt a resolution
setting forth the results of the protest ballot process and the
proceedings shall then be closed and the utility fee cannot be
approved by the City Council.
6. If the Council determines at the close of the public testimony
portion of the public hearing that written protests were not received
from property owners representing a majority of the parcels subject
to the proposed utility fee, the Council shall adopt a resolution
setting forth the results of the protest ballot process and then may
by Ordinance change the utility fee so long as in an amount that
does exceed the amount and methodology set forth in the public
notices sent to the property owners.
SECTION 9: Environmental Review. This Resolution is exempt from review under the
California Environmental Quality Act (California Public Resources Code § § 21000, et
seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because it establishes rules and procedures to implement government funding
mechanisms; does not involve any commitment to a specific project which could result in
a potentially significant physical impact on the environment; and constitutes an
organizational or administrative activity that will not result in direct or indirect physical
changes in the environment. Accordingly, this Resolution does not constitute a "project"
that requires environmental review (see specifically 14 CCR § 15378(b)(4 -5)).
SECTION 10: If any part of this Resolution or its application is deemed invalid by a
court of competent jurisdiction, the city council intends that such invalidity will not affect
the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Resolution are severable.
SECTION 11: The City Clerk is directed to certify the passage and adoption of this
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Resolutions.
SECTION 12: This Resolution will take effect immediately day following its final
passage and adoption.
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PASSED AND ADOPTED this 16th day of, 2014.
S zann uentes, Mayor
ATTEST:
(JA&"(a r "�
Tracy Weav City Clerk
APPROVED AS TO FORM
MARK D. HENSLEY, City Attorney
Karl H. Perger, Assistant City Attorn
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