HomeMy WebLinkAboutCC_2020_06_01_SpecialMeetingAgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
* COVID-19 NOTICE *
Consistent with Executive Orders N-25-20 and No. N-29-20 from the
Executive Department of the State of California and the San Luis Obispo
County Health Official’s March 18, 2020 Shelter at Home Order, the City
Council Meeting will not be physically open to the public and City Council
Members will be teleconferencing into the meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access,
the meeting will be live-streamed on SLO-SPAN.org, on Spectrum cable
Channel 20 in Atascadero, and on KPRL Radio 1230AM. The video recording
of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and 6:00 pm
and will be available through the City’s website or by visiting
https://attendee.gotowebinar.com/rt/6870163572939367694 .
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to call 805-538-2888 to listen and
provide public comment via phone, or submit written public comments to
cityclerk@atascadero.org by 5:00 pm on the day of the meeting. Such email
comments must identify the Agenda Item Number in the subject line of the
email. The comments will be read into the record, with a maximum allowance of 3
minutes per individual comment, subject to the Mayor’s discretion. All comments
should be a maximum of 500 words, which corresponds to approximately 3 minutes
of speaking time. If a comment is received after the agenda item is heard but before
the close of the meeting, the comment will still be included as a part of the record of
the meeting but will not be read into the record.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City
Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48
hours prior to the meeting or time when services are needed. The City will use their
best efforts to provide reasonable accommodations to afford as much accessibility
as possible while also maintaining public safety in accordance with the City procedure
for resolving reasonable accommodation requests.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org.
Copies of the staff reports or other documentation relating to each item of business referred to on
the Agenda are on file in the office of the City Clerk and are available for public inspection on our
website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number
once they are approved by the City Council. The Minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record
or referred to in their statement will be noted in the Minutes and available for review by contacting
the City Clerk's office. All documents will be available for public inspection during City Hall business
hours once City Hall is open to the public following the termination of the Shelter at Home Order.
Page 1 of 18
CITY OF ATASCADERO
CITY COUNCIL
SPECIAL MEETING AGENDA
Monday, June 1, 2020
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
SPECIAL MEETING – CALL TO ORDER: 6:00 P.M.
COMMUNITY FORUM: This portion of the meeting is reserved for persons wanting to
address the Council on this Special Meeting Agenda.
PUBLIC HEARINGS:
1. Proposition 218 Majority Protest Process Relative to Proposed Increase to
Wastewater (Sewer) Rates
Ex-Parte Communications:
Fiscal Impact: If approved, the new wastewater rates will result in an estimated
$400,000 in additional revenue from sewer service charges collected in
FY20/21.
Recommendations: Council:
1. Conduct a public hearing to receive all written and verbal testimony
regarding the proposed wastewater (sewer) rates and consider the results
of protest proceedings in accordance with Proposition 218.
2. Adopt one of the following resolutions certifying the protest results:
A. For a non-majority protest – Draft Resolution A certifying that the number of
valid written protests were not received from property owners representing
a majority of the parcels subject to the proposed rate increase.
OR
B. For a majority protest – Draft Resolution B certifying that the number of
valid written protests were received from property owners representing a
majority of the parcels subject to the proposed rate increase.
3. If no majority protest exists, adopt Draft Resolution C approving proposed
wastewater rates effective July 1, 2020. [Public Works]
ADJOURN
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person
may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be
distributed to the Council and available for review in the City Clerk's office.
City Council Special Meeting: 6:00 P.M.
Page 2 of 18
ITEM NUMBER: 1
DATE: 06/01/20
Atascadero City Council
Staff Report - Public Works Department
Proposition 218 Majority Protest Process Relative to
Proposed Increase to Wastewater (Sewer) Rates
RECOMMENDATIONS:
Council:
1. Conduct a public hearing to receive all written and verbal testimony regarding the
proposed wastewater (sewer) rates and consider the results of protest
proceedings in accordance with Proposition 218.
2. Adopt one of the following resolutions certifying the protest results:
A. For a non-majority protest – Draft Resolution A certifying that the number of
valid written protests were not received from property owners representing a
majority of the parcels subject to the proposed rate increase.
OR
B. For a majority protest – Draft Resolution B certifying that the number of valid
written protests were received from property owners representing a majority
of the parcels subject to the proposed rate increase.
3. If no majority protest exists, adopt Draft Resolution C approving proposed
wastewater rates effective July 1, 2020.
REPORT IN BRIEF:
The City is proposing to increase wastewater rates in order to accommodate the costs
of providing wastewater services due to a number of key factors including but not limited
to rising treatment and energy costs; impacts of regulation and legislation; and past and
continued critical upgrades and/or replacement of wastewater facilities and
infrastructure. A Wastewater Rate Study was prepared that proposed increases to
sewer service charges and sewer connection fees (capacity charges).
The City Council reviewed the rate study and proposed wastewater rates at their
April 14, 2020 meeting and directed staff to administer the Proposition 218 majority
protest process and send out notice of the proposed increases to all property owners
Page 3 of 18
ITEM NUMBER: 1
DATE: 06/01/20
connected to the municipal sanitary sewer system. The Council also set a Public
Hearing for June 1, 2020 to consider proposed wastewater rate increases and receive
any protests from parcel owners subject to the rate increases. If a majority of valid
protests are received by the deadline established, the City cannot increase the
proposed rates in accordance with Proposition 218. If a majority of protests are not
received, the City may go ahead with the proposed rate increases.
DISCUSSION:
Background
The City of Atascadero owns and operates a wastewater collection and treatment
system that provides service to a portion of the City. The over 5,000 parcels served by
the wastewater collection and treatment system include residential, commercial, and
light industrial customers. The remainder of the City’s population is served by on -site
wastewater treatment systems (septic systems).
The City assumed ownership and ope ration of the wastewater collection and treatment
system from the Atascadero County Sanitation District in 1982 shortly after
incorporation (1979). While there have been upgrades, modifications, and additions to
the wastewater treatment facilities, the overall process has not changed significantly
since 1982 and is considered a stabilization pond treatment system. The wastewater
collection system (also referred to as the sanitary sewer system) is currently comprised
of approximately 63 miles of four to 21 -inch diameter gravity sewer pipe, 1,460
manholes, 12 lift stations, 7 miles of four to 16 -inch diameter forcemain, and over 5,000
sewer service connections. This system has expanded since 1982 but still has original
pipes in service from the 1930’s.
Customers connected to the City’s sanitary sewer system are billed a monthly fixed
charge for the service the City provides to collect and treat the wastewater, which is
called a sewer service charge or wastewater service charge. This fixed rate
methodology is used since the City is not the water supplier and does not have access
to individual customer water consumption data. The monthly fixed charge used by the
City is based upon Equivalent Dwelling Units (EDUs), where one EDU is the basis for a
single family residence (SFR) service charge, based upon an estimated average daily
flow of 240 gallons of wastewater and wastewater strength provided by the residence.
Other connection users are assigned a multiple or fraction of an EDU based upon
expected average daily flow and strength of wastewater compared to that of SFR. For
example, an apartment or condo is 0.75 EDUs and charged 0.75 times that of a SFR
service charge, and a restaurant with less than 40 seats is 4 EDUs and charged 4 times
that of a SFR service charge. The City currently has about 8,400 EDUs in the system.
Sewer service charges are collected by placing a levy each year on the property taxes
of individual customers through San Luis Obispo County. The City provides data to the
County, including the Assessor’s Parcel Number (APN), and the associated sewer
service charge being levied on the property. The charge is included as a line item on the
customer’s property tax statements. Revenue from sewer service charges are paid to
the City twice each year.
Page 4 of 18
ITEM NUMBER: 1
DATE: 06/01/20
The sewer service charges have been adjusted only three times since 1982. Council
adopted the current monthly rate of $24.01 per EDU last year. Prior to that, the current
rates had remained unchanged since 1994.
Council directed staff at its April 14, 2020 meeting to administer the Proposition 218
majority protest process and send out notice of the proposed increases to all property
owners connected to the municipal sanitary sewer system. Council also set a Public
Hearing for June 1, 2020 for its consideration of the proposed wastewater rate
increases. Staff prepared and sent out notices to property owner s on
April 16, 2020, which meets the 45-day noticing requirement for the Public Hearing. A
copy of the notice (Attachment 1) is included as reference.
Wastewater Rate Analysis
The City is dedicated to keeping rates low by maintaining lean staffing levels, absorbing
increasing operational and maintenance costs, and using reserves when necessary.
However, much like other utilities and services delivered to homes and businesses, the
costs involved to collect and treat wastewater have risen and continue to rise.
As part of the Wastewater Master Plan process, an independent engineering consultant,
MKN, assessed and analyzed the capital needs of the wastewater collection and
treatment systems. A Capital Improvement Program (CIP) was developed that
identified numerous capital facility replacements and upgrades to provide a safe and
reliable wastewater system. In addition to other projects, the most significant capital
projects identified consist of the Water Reclamation Facility treatment process
improvements totaling in excess of $23 million, and the Lift Station No. 13 and Force
Main project totaling about $5.5 million. Both projects are expected to be completed
within the next five years. The CIP cost estimates exceed $52 million over the next ten
years.
Tuckfield & Associates, an independent financial consultant, completed a comprehensive
wastewater rate study for the City’s wastewater enterprise in May 2019. This study
analyzed the City’s wastewater services, wastewater enterprise revenue and revenue
requirements, and current rate structure. The study also analyzed and determined the
cost of providing wastewater services and their corresponding impacts to customer’s bills.
This analysis identified a number of key factors that result in the proposed rates. These
key factors include, but are not limited to:
Rising treatment and energy costs
Impacts of regulation and legislation
Past and continued critical upgrades and/or replacement of wastewater facilities
and infrastructure
The wastewater rate study recommends increasing the current monthly sewer service
charge of $24.01 per SFR (or EDU) by $4.56 for a total monthly rate of $28.57. The
report further recommends similar percentile increases for each of the following years
through FY23/24. The table below shows the current and proposed FY20/21 sewer
service charges for the various connection user categories.
Page 5 of 18
ITEM NUMBER: 1
DATE: 06/01/20
Staff analyzed what the current SFR monthly sewer service charge would be if
Consumer Price Index (CPI) values were applied each year since the last rate
adjustment in 1993. Using the Los Angeles-Long Beach-Anaheim area CPI values, the
CPI-adjusted monthly SFR sewer service rate would be $36.86 on July 1, 2019, an
Current Proposed1
Residential Fixed Charges
Single Family 1.00 Dwelling Unit 24.01$ 28.57$
Apartment, Condo 0.75 Dwelling Unit 18.00$ 21.43$
Mobile Home 0.60 Spaces 14.41$ 17.14$
Senior Apartment Unit 0.35 Dwelling Unit 8.40$ 10.00$
Non-Residential Fixed Charges
Financial Institutions 2.00 Unit 48.03$ 57.14$
Bars 1.50 Unit 36.02$ 42.86$
Carwash 7.50 Unit 180.11$ 214.28$
Churches/Meeting Halls
< 150 seats 1.33 Seats 31.93$ 38.00$
150 to 250 seats 2.66 Seats 63.87$ 76.00$
> 250 seats 3.00 Seats 72.15$ 85.71$
Commercial Unit 1.00 Unit 24.01$ 28.57$
Funeral Home 9.00 Unit 216.13$ 257.13$
Gas Station 2.00 Unit 48.02$ 57.14$
Grocery Store > 10,000 sq. ft.8.00 1,000 sq. ft.192.08$ 228.56$
Gymnasium 10.00 Unit 240.11$ 285.70$
Laundry 9.00 Unit 216.13$ 257.13$
Motel (per room)0.33 Room 7.93$ 9.43$
Office Unit 1.00 Unit 24.01$ 28.57$
Rest Home (per bed)0.35 Bed 8.40$ 10.00$
Restaurants
< 40 seats 4.00 Seats 96.04$ 114.28$
40 to 60 seats 6.00 Seats 144.06$ 171.42$
61 to 100 seats 8.00 Seats 192.08$ 228.56$
> 100 seats 10.00 Seats 240.11$ 285.70$
Schools (per student on Mar. 1)0.05 Student 1.20$ 1.43$
Theater 4.00 Unit 96.04$ 114.28$
Veterinarians 3.00 Unit 72.04$ 85.71$
Unlisted Uses2 1.00 Unit 24.01$ 28.57$
1 Proposed Rates effective July 1, 2020
2 Unlisted uses are determined by use of fixture units from the California Plumbing Code or as by
means deemed appropriate by the City Engineer.
3 EDU = Equivalent Dwelling Unit is the average daily flow of wastewater discharge from a
single family residence (240 gallons per day).
CURRENT AND PROPOSED MONTHLY SEWER SERVICE CHARGES
Classification Description
EDU3
Multiple
Unit of
Measure
Monthly Rate
Page 6 of 18
ITEM NUMBER: 1
DATE: 06/01/20
increase of $12.85 or 54% higher than the current $24.01 rate. The following graph
compares the actual and CPI-adjusted rates.
Tuckfield & Associates conducted a wastewater rate survey for neighboring communities
to the City of Atascadero. The rate survey includes rate schedules in effect in April 2019.
The following chart compares the City’s monthly sewer service charge for a SFR to those
neighboring communities at the same use for rates in effect February 2020. As the chart
depicts, the current and proposed FY20/21 monthly sewer service bill is among the
lowest in San Luis Obispo County.
$-
$5.00
$10.00
$15.00
$20.00
$25.00
$30.00
$35.00
$40.00
1993199419951996199719981999200020012002200320042005200620072008200920102011201220132014201520162017201820192020Monthly SFR Sewer Service Charge Comparison
(1993 to 2020)
Actual CPI Adjusted Proposed Linear (CPI Adjusted)
Page 7 of 18
ITEM NUMBER: 1
DATE: 06/01/20
No changes are recommended at this time to the connection user classifications
(description) or corresponding EDU assignments. Any significant changes to EDU
allocations typically require a volumetric analysis of winter water use patterns and other
determinations to ensure that there is a nexus for the allocation. This comprehensive
approach ensures all customers pay their equitable costs and one user class does not
subsidize another.
The City has updated the customer database and performed a full audit a nd inventory of
all wastewater connection user classifications. The City and its consultants are
coordinating with Atascadero Mutual Water Company (AMWC) and utilizing water
records to complete a volumetric analysis of the water use patterns of the variou s
groups of connection user classifications. After this process, wastewater rates are
recommended to be re-evaluated and established for a four or five -year period, ideally
FY21/22 through FY25/26, with built-in CPI adjustments.
Public Hearing Procedures/Next Steps:
The Council should open the Public Hearing and receive public comment and protests.
Protests must be in writing and contain the required information below, as described in
the mailed notice and Resolution 2019-033, which established procedures for the
submission and tabulation of protests in connection with Proposition 218 rate hearings:
1. A statement it is a protest against the proposed rate that is the subject of the
hearing.
2. Name of the property owner or record customer who is subm itting the protest.
3. Identification of assessor's parcel number and/or street address of the parcel with
respect to which the protest is made.
4. Original, wet signature and legibly printed name of the property owner or record
customer who is submitting the protest.
5. Date the protest was signed.
6. A certification, by the named property owner affirming the contents of the protest
are true and correct.
At the conclusion of the public hearing, the City Clerk shall tabulate all valid protests
received, including those received prior to the conclusion of the public hearing, and
shall report the result to the City Council. If the number of protests received is
insufficient to constitute a majority protest, then the City Clerk may determine the
absence of a majority protest without validating the protests received, but may
instead deem them all valid without further examination. Further, if the number of
protests received is obviously substantially fewer than the number required to
constitute a majority protest, then the City Clerk may determine the absence of a
majority protest without opening the envelopes which contain the protests.
If the City Clerk determines that additional time is needed to validate and tabulate the
protests because the City Clerk has not made the determination described above, then
the City Clerk shall so advise the City Council, which may continue the related portion of
the meeting to allow the validation and tabulation to be completed on another day or
days. If so, then the City Council shall declare the time and place of tabulation, which
shall be conducted in a place where interested members of the public may observe the
tabulation, and the City Council shall declare the time at which the meeting shall be
continued to receive and act on the tabulation report of the City Clerk.
Page 8 of 18
ITEM NUMBER: 1
DATE: 06/01/20
There are 5455 parcels connected to the sanitary sewer system and subject to the
proposed rate increases. Therefore, there needs to be 2728 or more valid protests for
the majority protest to occur, whereby no proposed rate increase may be adopted. After
the City Clerk determines the results of the protest process, the City Council will adopt
one of two Draft Resolutions setting forth the results of the protest process. If the
majority of property owners do not protest, the City Council may go forward with
approving the proposed rate increases. In accordance with Title 7, Chapter 10
(7-10.001) of the Municipal Code, the sewer service rates are adopted by Resolution.
To avoid confusion, the City Attorney’s office recommends that the new rates are not
effective for 30 days following adoption, or effective beginning July 1, 2020.
FISCAL IMPACT:
If the number of valid written protests were not received from property owners
representing a majority of the parcels subject to the proposed rate , the City Council may
adopt Draft Resolution A and C. Doing so will result in an estimated $400,000 in
additional revenue from sewer service charges collected in FY20/21.
ALTERNATIVES:
1. If a majority protest is not received by property owners, Council has the option to
reduce the proposed rate increases but may not increase the rate over that
proposed.
2. Council could take no action.
ATTACHMENTS:
1. Notice Concerning Proposed Wastewater Rate Increases and Public Hearing
2. Draft Resolution A Setting Forth the Results of the Protest Process (Non-Majority
Protest)
3. Draft Resolution B Setting Forth the Results of the Protest Process (Majority
Protest)
4. Draft Resolution C Approving Proposed Wastewater Rates Effective July 1, 2020
Page 9 of 18
NOTICE CONCERNING PROPOSED WASTEWATER
RATE INCREASES AND PUBLIC HEARING
To Property Owner/Customer:
NOTICE IS HEREBY GIVEN that on Monday, June 1, 2020, at 6:00 p.m., a public hearing will be held at the City of
Atascadero Council Chambers located at 6500 Palma Avenue, Atascadero, California 93422 to consider proposed
increases in wastewater rates. If approved by the City Council, the proposed rate increases will be effective for services
provided on or after July 1, 2020.
WHY ARE THE RATE CHANGES BEING
CONSIDERED?
The City is dedicated to keeping rates low by maintaining
lean staffing levels, absorbing increasing operational and
maintenance costs, and using reserves when necessary.
However, much like other utilities and services delivered
to homes, the costs involved to collect and treat
wastewater have risen and continue to rise. The City has
only increased sanitary sewer charges once since 1994,
with that increase occurring last year.
INDEPENDENT ANALYSIS
The City engaged an independent consulting engineer to
assess and analyze the capital needs of the wastewater
collection and treatment systems. The independent
engineer identified numerous capital facility
replacements and upgrades required to continue to
provide a safe and reliable wastewater system. In
addition to other projects, the most significant capital
projects identified consist of the Water Reclamation
Facility treatment process improvements totaling in
excess of $23 million and Lift Station #13 and Force Main
project totaling about $5.5 million, both projects expected
to be completed within the next five years.
Additionally, the City engaged an independent financial
consultant to analyze its wastewater services, revenues
and rates and prepare a Wastewater Rate Study. The
City commissioned this analysis to determine the cost of
providing wastewater services and their corresponding
impacts to customer’s bills. This analysis identified a
number of key factors that result in the proposed rates.
These key factors include, but are not limited to:
• Rising treatment and energy costs
• Impacts of regulation and legislation
• Past and continued critical upgrades and/or
replacement of wastewater facilities and
infrastructure
PROPOSED WASTEWATER REVENUE INCREASES
The City proposes to increase its wastewater service
charges. All wastewater customers would be charged a
fixed monthly wastewater service charge in the same
manner as they are currently charged. Customers of the
wastewater system are charged proportionally to their
wastewater flow and strength contributed to the
wastewater collection and treatment facilities. Proposed
wastewater service charges are provided on the
following page.
WASTEWATER MONTHLY BILL IMPACT FOR THE
AVERAGE RESIDENTIAL CUSTOMER
The wastewater bill for a single-family residential customer
will increase by $4.56 per month under the proposed rates.
Apartment and Condo bills will increase $3.43 per month
while Senior Apartment Units will increase by $1.60 per
month. Bills for Mobile Homes will increase $2.73 per
month. The table below provides the increase in monthly
charges for residential customers.
Revenues derived from the proposed rate changes do
not exceed the revenue requirements needed to provide
the property-related services by the City nor will the
revenues from the rates and charges referenced herein
be used for any purpose other than that for which the
corresponding rates are imposed. The amount of the
proposed rates imposed upon any parcel or person as
an incident of property ownership will not exceed the
proportional cost of the service(s) attributable to such
parcel; and no rate will be imposed for a service unless
that service is actually used by, or immediately available
to, the property or customer in question.
Current Proposed1 Difference
Single Family 24.01$ 28.57$ 4.56$
Apartment, Condo 18.00$ 21.43$ 3.43$
Mobile Home 14.41$ 17.14$ 2.73$
Senior Apartment Unit 8.40$ 10.00$ 1.60$
1 Proposed Rates effective July 1, 2020
Residential
Classification
Monthly Rate
Please disregard the previous notice recently mailed to you – that notice was mailed in error by the
printing company hired by the City. This new notice is being sent at no cost to customers or taxpayers.
ITEM NUMBER: 1 | DATE: 06/01/20 | ATTACHMENT 1
Page 10 of 18
CURRENT AND PROPOSED MONTHLY SEWER SERVICE CHARGES
PUBLIC HEARING AND
PROTEST PROCEEDING
The City Council will hear and consider
all written protests and oral comments
to the proposed rate increases at the
Public Hearing. All interested parties
are invited to participate in the public
hearing and present written protests
and/or oral comments on the proposed
rate increases referenced herein. Oral
comments made at the public hearing
will not qualify as formal protests of the
proposed rate increases unless
accompanied by a written protest
setting forth the required information
(as detailed below). Upon the
conclusion of the Public Hearing, the
City Council will consider adoption of a
resolution authorizing the rate
increases to the City’s wastewater
service charges as described in this
Notice. If written protests against the
proposed rate increases and
adjustments to the wastewater rates as
outlined below are not presented by a
majority of property owners of the
identified parcels upon which the
wastewater rates are proposed to be
imposed, the City Council will be
authorized to impose the respective
rate increases and adjustments. If
adopted, the proposed rate increases
to the wastewater service charges will
be in effect beginning July 1, 2020.
Pursuant to State law, written protests may be submitted by any record property owner of a parcel, subject to the
proposed City rate changes, against any or all of the proposed rate changes described in this Notice. However, only
one written protest will be counted per identified parcel. Any written protest must: (1) state that the identified property
owner is in opposition to the proposed increases to the wastewater rates; (2) provide the location of the identified
parcel (by street address or assessor’s parcel number (APN)); (3) include the printed name and original, wet
signature of the property owner submitting the protest; (4) date the protest was signed; and (5) certification by the
named property owner that the contents of the protest are true and correct. Written protests may be submitted by
mail or in person to the City Clerk at 6500 Palma Avenue, Atascadero, CA 93422, or at the Public Hearing on June
1, 2020 (date, time, and location specified on the front of this Notice), provided they are received prior to the close of
the Public Hearing, which will occur when the public testimony on the proposed increases and adjustments is
concluded. Due to the inability to verify the authenticity of each individual protest, protests received by telephone,
electronic mail (e-mail), or via social media sites, including, but not limited to, Facebook or Twitter shall NOT be
accepted. Please identify on the front of the envelope for any written protest, whether mailed or submitted in person
to the City Clerk, the following: “Attn: Protest Wastewater Rate Increases”. Written protest in marked envelopes may
be submitted in person by dropping off at City Hall, including during the Public Hearing at the Lewis Avenue entrance.
For more information or questions about the proposed wastewater rate increases, written protest submittal
procedures, or public testimony options at the Public Hearing, you may contact the Department of Public Works at
(805) 470-3456 or visit the City’s website at www.atascadero.org. The City’s Wastewater Rate Study and protest
procedures will be available on the City’s website not later than end of the week of April 13, 2020.
ESTA CARTA ESTÁ DISPONIBLE EN ESPAÑOL, LLAME A TESS RAMIREZ (805) 470-3486
Current Proposed1
Residential Fixed Charges
Single Family 1.00 Dwelling Unit 24.01$ 28.57$
Apartment, Condo 0.75 Dwelling Unit 18.00$ 21.43$
Mobile Home 0.60 Spaces 14.41$ 17.14$
Senior Apartment Unit 0.35 Dwelling Unit 8.40$ 10.00$
Non-Residential Fixed Charges
Financial Institutions 2.00 Unit 48.03$ 57.14$
Bars 1.50 Unit 36.02$ 42.86$
Carwash 7.50 Unit 180.11$ 214.28$
Churches/Meeting Halls
< 150 seats 1.33 Seats 31.93$ 38.00$
150 to 250 seats 2.66 Seats 63.87$ 76.00$
> 250 seats 3.00 Seats 72.15$ 85.71$
Commercial Unit 1.00 Unit 24.01$ 28.57$
Funeral Home 9.00 Unit 216.13$ 257.13$
Gas Station 2.00 Unit 48.02$ 57.14$
Grocery Store > 10,000 sq. ft.8.00 1,000 sq. ft.192.08$ 228.56$
Gymnasium 10.00 Unit 240.11$ 285.70$
Laundry 9.00 Unit 216.13$ 257.13$
Motel (per room)0.33 Room 7.93$ 9.43$
Office Unit 1.00 Unit 24.01$ 28.57$
Rest Home (per bed)0.35 Bed 8.40$ 10.00$
Restaurants
< 40 seats 4.00 Seats 96.04$ 114.28$
40 to 60 seats 6.00 Seats 144.06$ 171.42$
61 to 100 seats 8.00 Seats 192.08$ 228.56$
> 100 seats 10.00 Seats 240.11$ 285.70$
Schools (per student on Mar. 1)0.05 Student 1.20$ 1.43$
Theater 4.00 Unit 96.04$ 114.28$
Veterinarians 3.00 Unit 72.04$ 85.71$
Unlisted Uses 2 1.00 Unit 24.01$ 28.57$
1 Proposed Rates effective July 1, 2020
2 Unlisted uses are determined by use of fixture units from the California Plumbing Code or as by
means deemed appropriate by the City Engineer.
Classification Description
EDU
Multiple
Unit of
Measure
Monthly Rate
ITEM NUMBER: 1 | DATE: 06/01/20 | ATTACHMENT 1
Page 11 of 18
ITEM NUMBER: 1
DATE:
ATTACHMENT:
06/01/20
2
DRAFT RESOLUTION A
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 Study at their regular
meeting on April 14, 2020 and directed staff to administer the Proposition 218 majority protest
process and send out notice of the proposed increases to all parcel owners subject to the increase
and set a Public Hearing for June 1, 2020 to consider proposed wastewater rate increases; 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 Public Hearing; and
WHEREAS, the City Council conducted a Public Hearing for proposed wastewater rates
on June 1, 2020 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 June 1, 2020 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
5,455. The number of valid protests required to prevent adoption of the proposed rate increases
is 2,728. The number of valid protests received by the City at the end of the June 1, 2020 Public
Hearing was __________________.
Page 12 of 18
ITEM NUMBER: 1
DATE:
ATTACHMENT:
06/01/20
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 __day
of ____, 2020.
On motion by __________ and seconded by ___________, the foregoing Resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Page 13 of 18
ITEM NUMBER: 1
DATE:
ATTACHMENT:
06/01/20
3
DRAFT RESOLUTION B
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 Study at their regular
meeting on April 14, 2020 and directed staff to administer the Proposition 218 majority protest
process and send out notice of the proposed increases to all parcel owners subject to the increase
and set a Public Hearing for June 1, 2020 to consider proposed wastewater rate increases; 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 Public Hearing; and
WHEREAS, the City Council conducted a Public Hearing for proposed wastewater rates
on June 1, 2020 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 June 1, 2020 Public Hearing and has determined that the number of valid protests received is
sufficient 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
5,455. The number of valid protests required to prevent adoption of the proposed rate increases
is 2,728. The number of valid protests received by the City at the end of the June 1, 2020 Public
Hearing was _______.
Page 14 of 18
ITEM NUMBER: 1
DATE:
ATTACHMENT:
06/01/20
3
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 sufficient number of valid protests received to constitute a
majority protest to the proposed wastewater rates, whereby disallowing the consideration to
adopt proposed wastewater rates.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __day
of ____, 2020.
On motion by __________ and seconded by ___________, the foregoing Resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Page 15 of 18
ITEM NUMBER: 1
DATE:
ATTACHMENT:
06/01/20
4
DRAFT RESOLUTION C
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ESTABLISHING WASTEWATER RATES
(SEWER SERVICE CHARGES) FOR THE WASTEWATER DIVISION
WHEREAS, the City of Atascadero owns and operates a municipal wastewater collection
and treatment system for the safe and reliable disposal of wastewater in accordance with applicable
regulations; and
WHEREAS, the City of Atascadero levies and imposes a monthly sewer service charge ,
as provided by resolution of the City Council, upon the property owners of any parcels or premises
within the City that has any sewer connection or discharges wastewater to the municipal
wastewater collection and treatment system; and
WHEREAS, a Wastewater Rate Study was prepared by Tuckfield & Associates for the
City of Atascadero’s Wastewater Division that recommends increases to wastewater rates (sewer
service charges) 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 Study at their regular
meeting on April 14, 2020 and set a Public Hearing for June 1, 2020 to consider proposed
wastewater rate increases; and
WHEREAS, the City Council conducted a Public Hearing for proposed wastewater rates
on June 1, 2020 to receive public comment and consider the results of protest proceedings in
accordance with Proposition 218; and
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 Clerk tabulated all valid protests received by the conclusion of the
June 1, 2020 Public Hearing and has determined that the number of valid protests received is
insufficient to constitute a majority protest (50% plus 1); and
WHEREAS, the City Council accepted the City Clerk’s tabulation by Resolution No.
2020-___ at the June 1, 2020 Public Hearing which sets forth that the protest results conclude that
there was an insufficient number of valid protest received to constitute a majority protest to the
proposed wastewater rates, whereby allowing the consideration to adopt proposed wastewater
rates.
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.
Page 16 of 18
ITEM NUMBER: 1
DATE:
ATTACHMENT:
06/01/20
4
SECTION 2: Sewer Service Charges Established. The Proposed Sewer Service Charges
as set forth in Exhibit A, attached hereto and incorporated herein by this reference, are hereby
approved and shall become effective thirty (30) days from adoption, or on July 1, 2020.
SECTION 3: Previous resolutions establishing Sewer Service Charges are superseded
upon the effective date of the Sewer Service Charges as established in Section 2 above, and are
hereby rescinded and rendered moot.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __day of
____, 2020.
On motion by __________ and seconded by ___________, the foregoing Resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Page 17 of 18
ITEM NUMBER: 1
DATE:
ATTACHMENT:
06/01/20
4A
EXHIBIT A
Current Proposed1
Residential Fixed Charges
Single Family 1.00 Dwelling Unit 24.01$ 28.57$
Apartment, Condo 0.75 Dwelling Unit 18.00$ 21.43$
Mobile Home 0.60 Spaces 14.41$ 17.14$
Senior Apartment Unit 0.35 Dwelling Unit 8.40$ 10.00$
Non-Residential Fixed Charges
Financial Institutions 2.00 Unit 48.03$ 57.14$
Bars 1.50 Unit 36.02$ 42.86$
Carwash 7.50 Unit 180.11$ 214.28$
Churches/Meeting Halls
< 150 seats 1.33 Seats 31.93$ 38.00$
150 to 250 seats 2.66 Seats 63.87$ 76.00$
> 250 seats 3.00 Seats 72.15$ 85.71$
Commercial Unit 1.00 Unit 24.01$ 28.57$
Funeral Home 9.00 Unit 216.13$ 257.13$
Gas Station 2.00 Unit 48.02$ 57.14$
Grocery Store > 10,000 sq. ft.8.00 1,000 sq. ft.192.08$ 228.56$
Gymnasium 10.00 Unit 240.11$ 285.70$
Laundry 9.00 Unit 216.13$ 257.13$
Motel (per room)0.33 Room 7.93$ 9.43$
Office Unit 1.00 Unit 24.01$ 28.57$
Rest Home (per bed)0.35 Bed 8.40$ 10.00$
Restaurants
< 40 seats 4.00 Seats 96.04$ 114.28$
40 to 60 seats 6.00 Seats 144.06$ 171.42$
61 to 100 seats 8.00 Seats 192.08$ 228.56$
> 100 seats 10.00 Seats 240.11$ 285.70$
Schools (per student on Mar. 1)0.05 Student 1.20$ 1.43$
Theater 4.00 Unit 96.04$ 114.28$
Veterinarians 3.00 Unit 72.04$ 85.71$
Unlisted Uses2 1.00 Unit 24.01$ 28.57$
single family residence (240 gallons per day).
CURRENT AND PROPOSED MONTHLY SEWER SERVICE CHARGES
Classification Description
EDU
Multiple
Unit of
Measure
Monthly Rate
1 Proposed Rates effective July 1, 2020
2 Unlisted uses are determined by use of fixture units from the California Plumbing Code or as
means deemed appropriate by the City Engineer.
3 EDU = Equivalent Dwelling Unit is the average daily flow of wastewater discharge from a
Page 18 of 18