HomeMy WebLinkAboutResolution 2019-063ON%
RESOLUTION NO. 2019-063
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 melt the on-going
operational needs of the enterprise and needed funding for capital infrastructure requirements;
and
WHEREAS, the City Council reviewed the Wastewater—Rate -Study at their =gular
meeting on May 14, 2019 and directed staff to administer the Piopositican 218 majority-Trotest
process and send out notice of the proposed increases to all parcel ok"crs�ajjbjegl 4o the.J!tcrease
and set a Public Hearing for July 9, 2019 to consider proposed wasfewater-ra'fe if4e` reases; �xtd
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 Public Hearing; and
WHEREAS, the City Council conducted a Public Hearing for proposed wastewater rates
on July 9, 2019 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 July 9, 2019 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
5.467. The number of valid protests required to prevent adoption of the proposed rate increases
is 2,735. The number of valid protests received by the City at the end of the July 9, 2019, public
hearing was 1 .
City of Atascadero
Resolution No. 2019-063
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 I I
results conclude that there is an 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 9th day
of July, 2019.
On motion by Council Member Funk and seconded by Mayor Pro Tem Bourbeau, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED A TO FORM:
Brian A. Pierik, City Attorney
CITY OF ATASCADERO
Heather Moreno, Mayor
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