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HomeMy WebLinkAboutResolution 2021-0330M RESOLUTION NO. 2021-033 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, SETTING FORTH THE RESULTS OF PROTESTS IN CONNECTION WITH WASTEWATER (SEWER) RATE HEARING CONDUCTED PURSUANT TO THE REQUIREMENTS OF PROPOSITION 218 WHEREAS, Article XIIID, Section 6 of the California Constitution requires the City Council to consider written protests to certain proposed increases to rates (fees or charges) for utility services; and WHEREAS, the City Council adopted Resolution No. 2019-033 establishing procedures for the submission and tabulation of protests in connection with rate hearings conducted pursuant to the requirements set forth in Article XIIID of the California Constitution to help ensure that the rights of those persons that are authorized to protest service charges are preserved; and WHEREAS, a Wastewater Rate Study was prepared for the City of Atascadero's Wastewater Enterprise and recommends increases to wastewater rates to meet the on-going operational needs of the enterprise and needed funding for capital infrastructure requirements; and WHEREAS, the City Council reviewed the Wastewater Rate 4tudy�at their regular ... meeting on March 23, 2021 and directed staff to administer the Proposition 218 -majority protest process and send out notice of the proposed increases to all parcelowneo subjecrto the _increase and set a Public Hearing for May 25, 2021 to consider proposed wastewater rate ipereasss; and WHEREAS, notices of the proposed wastewater rates and Public Hearing were mailed to all parcel owners subject to the proposed increases at least 45 days prior to the Fubhc Hearing; and WHEREAS, the City Council conducted a Public Hearing for proposed wastewater rates on May 25, 2021 to receive public comment and consider the results of protest proceedings in accordance with Proposition 218; and WHEREAS, the City Clerk has tabulated all valid protests received by the conclusion of the May 25, 2021 Public Hearing and has determined that the number of valid protests received is insufficient to constitute a majority protest (50% plus 1). NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Recitals. The above recitals are true and correct and are hereby incorporated by reference. SECTION 2. Protest Votes. The number of unique parcels eligible to file a protest was 5,437. The number of valid protests required to prevent adoption of the proposed rate increases is 2,719. The number of valid protests received by the City at the end of the May 25, 2021 Public Hearing was 5 . City of Atascadero Resolution No. 2021-033 Page 2 of 2 SECTION 3. Results of Protests. The tabulation by the City Clerk of the number of valid protests received on proposed wastewater rates is accepted and sets forth that the protest results conclude that there is a insufficient number of valid protests received to constitute a majority protest to the proposed wastewater rates, whereby allowing the consideration to adopt proposed wastewater rates. PASSED AND ADOPTED at a regular meeting of the City Council held on the 25th day of May, 2021. On motion by Council Member Bourbeau and seconded by Council Member Funk, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Bourbeau, Dariz, Funk, Newsom, and Mayor Moreno NOES: None ABSENT: None ADOPTED: None CITY OF ATASCADERO -d, Ylw- _ Heather Moreno, Mayor A T7 L a stein, Siy Clgrk APPROVED AS TO FORM: !?3� Brian A. Pierik, City Attorney 7