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HomeMy WebLinkAboutResolution 2020-031RESOLUTION NO. 2020-031 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 Stud- at. thbir regular meeting on April 14, 2020 and directed staff to administer the Proposition Z,8 majority protist process and send out notice of the proposed increases to all parcel owners suf�ect to tfw- increase and set a Public Hearing for June 1, 2020 to consider proposed wastewater ratgincrcases; 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 three. City of Atascadero Resolution No. 2020-031 Page 2 of 2 SECTION 3: Results of Protests. The tabulation by the City Clerk of the number of n 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 I' day of June, 2020. On motion by Mayor Pro Tem Bourbeau and seconded by Council Member Newsom, 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 CITY OF ATASCADERO Heather Moreno, Mayor ATTEST i Qor LaraK:-Cu n'`en; CiY Clerk .. k APPROVED AS W FORM: Brian A. Pierik, City Attorney n n