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05-05-2020 - AGENDA ITEM 12 CONSIDERATION OF WEST COVINA CITYWIDE SEWER SERVICE CHARGE - RESOLUTION OF INTENTION TO COLLECT SEWER SERVICE CHARGES ON COUNTY TAX ROLL FOR FY 2020-21 AND SETTING A PUBLIC HEARING DATE ON THE CHARGESAGENDA ITEM NO. 12 Xft AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: May 5, 2020 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF WEST COVINA CITYWIDE SEWER SERVICE CHARGE - RESOLUTION OF INTENTION TO COLLECT SEWER SERVICE CHARGES ON COUNTY TAX ROLL FOR FY 2020-21 AND SETTING A PUBLIC HEARING DATE ON THE CHARGES RECOMMENDATION: It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2020-36 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO COLLECT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR FISCAL YEAR 2020-21 AND SETTING JUNE 169 2020 FOR A PUBLIC HEARING REGARDING THE CHARGES TO BE SO COLLECTED BACKGROUND: From 1968 to 1978, the City of West Covina funded the costs of sewer maintenance and operation through the Improvement Act of 1911, which provided an ad valorem (according to value) levy used to pay for these costs. With the passage of Proposition 13, the revenues generated from the 1911 Act were reduced considerably and made it necessary to find an alternative method of funding sewer maintenance and operation costs. In Fiscal Year 1978-1979, the City Council established the Citywide Sewer Service Charge pursuant to Section 38902 of the Government Code as that alternative method. The Sewer Service Charge funds the maintenance and operation of the City's sewer system assuring that lines are clear and flowing properly. This includes routine video inspections, jetting, and cleaning of sewer lines. The fees also fund capital improvements including purchase of sewer equipment and rehabilitation/replacement of sewer mainlines and appurtenances. The Sewer Service Charge is based on general land use categories: residential and non-residential. A fixed fee is charged for each dwelling unit for residential property and every 667 square feet of floor area for other types of non-residential developments. Additionally, properties not connected to the sewer main lines are exempt from the charge. DISCUSSION: State law requires that a specific procedure be followed to collect the Citywide Sewer Service Charge on the annual property tax bill. The initial step is to adopt a resolution setting a date for a public hearing on the proposed rates and method of collection. The process requires that a public notice be published in a locally circulated newspaper announcing the public hearing. Mailing notices to each property owner is only required when the charges are increased above the current Consumer Price Index (CPI). Although sewer charges are exempt from voter approval under Proposition 218, if a new or increased sewer charge is to be imposed (more than the CPI), the City Council must conduct a protest hearing 45 days after mailed notice to property owners. If more than 50% of the property owners protest against the fees, the fees may not be imposed. In addition, the property owners are given an opportunity to voice their concerns on the method of collection. The most efficient and least costly method of collecting the Citywide Sewer Service Charge is to place it on the annual property tax bill. The Citywide Sewer Service Charge will then be collected at the same time and in the same manner as the general property taxes. The public hearing to set the rates is currently scheduled for June 16, 2020. In June 2017, the City Council conducted a protest hearing regarding a proposed increase in the rates for five years, commencing with a 20% increase for Fiscal Year 2017-2018 and 5% thereafter for four years beginning Fiscal Year 2018-2019. The City did not receive majority protest against the proposed increase, so the City may impose the Sewer Service Charge at the maximum proposed level or less until Fiscal Year 2021-2022. The rate increase is consistent with the previously approved five-year budget and is based on the Sewer System Revenue Sufficiency Analysis (Analysis) in conjunction with the Sewer System Management Plan (SSMP) as conducted by Willdan Engineering. As part of the SSMP, Willdan Engineering, in conjunction with the City, identified a series of sewer capital projects that comprise the Sewer Capital Improvement Program in the total amount of $13,689,100. In order to reduce the impact of initial assessment increase, the working capital balance is allowed to fall below 9 months of operating expenses, targeting a working capital balance of 6 months of operating expenses. The proposed annual increase to the Sewer Service Charge is from $74.40 to $78.12 (an increase of about 31 cents per month or $3.72 per year) for residential dwelling units, and per 667 square feet of floor area for commercial units. LEGAL REVIEW: The City Attorney has reviewed and approved the resolution as to form. OPTIONS: The City Council has the following options: 1. Following the public hearing, increase assessment rate by 5% based on the Sewer System Revenue Sufficiency Analysis to increase revenues and stabilize the reserves. Staff is recommending this option. 2. Maintain the assessment rates at their current level; reserves would be depleted sooner and result in the need to reduce services or subsidize the district with General Funds. Prepared by: Michael Ackerman, City Engineer Fiscal Impact FISCAL IMPACT: The rates are increasing by 5% from $74.40 to $78.12 per unit per year based upon a five-year rate schedule approved in Fiscal Year 2017-18. The total proposed sewer rate is projected to generate a total of $3,698,876. In addition, $210,000 is projected to be received from the pre-existing ad valorem (according to value) and $4,948 from cash balance interest. The total projected revenue is $3,913,324. Including the $2,474,136 balance from the previous year, the total funds available is $6,387,461. The preliminary operating budget for Fiscal Year 2020-2021 is $2,277,377. This includes an administration and overhead charge of $139,901. The administration and overhead costs are derived from support services provided by various departments including: City Manager's office, City Attorney's office, City Clerk's office, Finance Department, and Human Resources Department. Support services include, but not limited to payroll, personnel recruitment, insurance claims, audits, budgets, and purchasing. The Preliminary Financial Report for Fiscal Year 2020-2021 contains the following components: 1. Budget Summary and Reserve 2. Estimated Revenue Summary 3. Proposed Charge 4. Revised Projected Reserve (Fiscal Year 2019-2020) There are no legal requirements or formal guidelines for the amount of reserves; however, at least 50% is required to cover cash flow. A reserve between 100% and 200% is recommended by staff to cover cash flow, future capital improvement projects, emergencies, and as a benefit it also provides interest income. Attachments Attachment No. 1 - 15 Year Rate History Attachment No. 2 - Preliminary Financial Report for Fiscal Year 2020-2021 Attachment No. 3 - Forecasted Utility Operating Results - Cash Fund Capital Program; Six Months Working Capital Attachment No. 4 - Resolution No. 2020-36 CITY COUNCIL GOALS & OBJECTIVES: Enhance City Facilities and Infrastructure Enhance the City Image and Effectiveness Respond to the Global COVID-19 Pandemic Attachment No. 1 West Covina Citywide Sewer Service Charges 15 Rate History Unit/Month UnIVYear 2020-21 $6.51 $78.12 2019-20 $6.20 $74.40 2018-19 $5.91 $70.86 2017-18 $5.62 $67.49 2016-17 $4.69 $56.24 2015-16 $4.61 $55.30 2014-15 $4.59 $55.02 2013-14 $4.54 $54.48 2012-13 $4.44 $53.31 2011-12 $4.36 $52.26 2010-11 $4.19 $50.25 2009-10 $3.81 $45.68 2008-09 $2.76 $33.10 2007-08 $2.34 $28.05 2006-07 $2.16 $25.97 Attachment No. 2 City of West Covina Citywide Sewer Service Charge FISCAL YEAR 2020/2021 PRELIMINARY FINANCIAL REPORT Intent Meeting: May 5, 2020 Public Hearing: June 16, 2020 W WILLDAN -A/W I L L DA N BUDGET AND REVENUE SUMMARY Fiscal tear 2:121/2,1211 Summary Expenditures Operating Totals' Maintenance Personnel Services $999,318 Material and Services 43,989 Professional Services 291,852 Maintenance Contracts 150,195 Utilities 10,000 Vehicles 24,700 Fuel and Oil 15,617 Property& Liability Insurance 146,098 Total Maintenance $1,681,769 Engineering & Incidental Personnel Services 383,553 Materials & Services 10,330 Consultant Services 23,767 Property & Liability Insurance 5,272 Administration & Overhead 139,901 Total Engineering & Incidental 562,823 Community Enhancement Personnel Services 32,785 Total Community Enhancement 32,785 Total Operating Budget $2,277,377 Capital Improvement Total Capital Budget 0 Total Operating and Capital Budget $2,277,377 Contingency and Reserves Cash Flow Reserves 1,138,689 Contingency 2,971,395 Total Contingency and Reserves 4,110,083 Revenues Assessment Income (Total Balance to Levy) $3,698,376 Property Tax Revenue (Ad Valorem) 210,000 Interest 4,948 Total Projected Revenue $3,913,324 Projected Fund Balance (6/30/20) 2,474,136 Total Funds Available $6,387,461 'Totals may not foot due to rounding 2020-2021 City of West Covina -Citywide Sewer Service Charge Page 1 W"W I LLDAN PROPOSED ASSESSMENT RATE In Fiscal Year (FY) 2017-18, the Citywide Sewer Service Charge (the "Sewer Service Charge") rate was increased by 20% and is proposed to increase by 5% thereafter for four (4) years. For FY 2020-21, the rate will increase from $74.40 to $78.12 per unit, for an increase of approximately 31 cents per month or $3.72 per year. The following table shows proposed rate increases: $67.49 $70.86 $74.40 $78.12 $82.02 Residential 1 DU = 1 unit Commercial 667 s ft = 1 unit Notice of said increases were sent to landowners in FY 2017-18 in accordance with the provisions of Proposition 218 indicating the proposed rates and the date of public hearing. The City of West Covina (the "City") did not receive majority protest against the proposed increase, the City may now impose the Sewer Service Charge at the maximum proposed level or less. REVISED PROJECTED RESERVE Fund Balance (as of 6/30/19) $ 3,637,426 Projected Revenue for FY2019-20 3,520,992 Appropriations (Operating & Capital) for FY2019-20 (4,684,281) Projected Fund Balance (as of 6130120) $ 2,474,137 PRELIMINARY SEWER CHARGE ROLL The FY 2020-21 preliminary sewer charge roll is voluminous, has been submitted to the City Clerk, and is hereby included by reference. 2020-2021 City of West Covina -Citywide Sewer Service Charge Page 2 Attachment No.3 Forecasted Utility Operating Results - Cash Fund Capital Program; 6-months Worldng Capital Increase at: 5% 5% 0% 0% 0% Revenue from Special Assessments/Sewer Service Charges Total Revenue $3,698,376 $3,883,295 $3,883,295 $3,883,295 $3,883,295 Other Non Assessment Revenue (1) Other Operating Revenue 210,000 210,000 210,000 210,000 210,000 Interest Earnings 4,948 8,220 11,777 15,249 18,632 $3,913,324 $4,101,515 $4,105,072 $4,108,544 $4,111,927 Total Operating Revenue Expenditures Operating Expenses (2) (2,277,377) (2,322,925) (2,369,384) (2,416,771) (2,465,107) Net Operating Revenue $1,635,947 $1,778,590 $1,735,689 $1,691,773 $1,646,821 Debt Service Existing Rev. Bond Debt Service 0 0 0 0 0 New Rev. Bond Debt Service 0 0 0 0 0 Total Bond Debt for Coverage 0 0 0 0 0 Net Cash Flow Net Operating Revenue (restated) $1,635,947 $1,778,590 $1,735,689 $1,691,773 $1,646,821 Less Cash Funded Capital 0 (1,512,700) (1,612,400) (1,765,500) (1,378,400) $1,635,947 $265,890 $123,289 ($73,727) $268,421 Net Cash Flow Fund Balances Operating Fund $2,474,136 $4,110,083 $4,375,974 $4,499,262 $4,425,535 Net Cash Flow 1,635,947 265,890 123,289 (73,727) 268,421 $4,110,083 $4,375,974 $4,499,262 $4,425,535 $4,693,956 Ending Balance Capital Program Funding Annual Capital Needs $0 $1,512,700 $1,612,400 $1,765,500 $1,378,400 Furling Sources: Operating Fund (Cash Funding) 0 1,512,700 1,612,400 1,765,500 1,378,400 New Debt 0 0 0 0 0 Total Capital Funding $0 $1,512,700 $1,612,400 $1,765,500 $1,378,400 (1) Property Tax Revenue; Ad Val— (2) 2% increase in operating expenses due to inflation. ATTACHMENT NO.4 RESOLUTION NO.2020-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO COLLECT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR FISCAL YEAR 2020-21 AND SETTING JUNE 16, 2020 FOR A PUBLIC HEARING REGARDING THE CHARGES TO BE SO COLLECTED WHEREAS, on June 26, 1978, in accordance with Section 38902 of the California Government Code, the City Council adopted Resolution No. 5726, establishing a sewer service charge exclusively for sewer operation, maintenance, and capital costs. The City collects the sewer service charge as part of the property tax roll, and WHEREAS, on April 27, 1987, the City Council adopted Resolution No. 8019, amending Resolution No. 5726 to adjust the schedule of charges so that the fees collected bear a reasonable relationship to the cost of providing the services; and WHEREAS, on June 6, 2017, the City Council adopted Resolution No. 2017-55, adopting a five-year schedule of annual sewer service charges for Fiscal Years 2017-18, 2018- 19, 2019-20, 2020-21, and 2021-22; and WHEREAS, the five-year schedule was adopted following proceedings conducted pursuant to Article XM D, Section 6(a) of the California Constitution, which was added to the California Constitution in 1996 as part of Proposition 218; and WHEREAS, a report has been filed with the City Clerk containing a description of each parcel of real property receiving sewer services and the amount of the charge for each parcel for the year, computed in conformity with the charges adopted by the City Council (the `Report'); and WHEREAS, the City Council desires to initiate proceedings to collect the sewer service charges on the property tax roll for Fiscal Year 2020-21. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Health and Safety Code section 5471 and other applicable law, the City Council intends to collect its sewer service charges for Fiscal Year 2020-21 at the following rate: Rate: $78.12 per unit Residential: One dwelling unit equals one unit Commercial: 667 sq. ft. of floor area equals one unit SECTION 2. As authorized by Health and Safety Code section 5473 or other applicable law, the City Council elects to have the City's sewer service charges collected on the tax roll in the same manner, and by the same persons, and at the same time as, together with and not separately from, the City's general taxes. SECTION 3. On June 16, 2020, at 7:00 p.m in the City Council Chambers located at 1444 West Garvey Avenue South in the City of West Covina, or electronically if the City Council Chambers remain closed due to the COVID-19 pandemic, the City Council will conduct a public hearing on the Report (the "Hearing'). At the Hearing, the City Council will hear and consider all objections or protests, if any, to the Report. SECTION 4. The City Clerk shall give notice of said Hearing in the time, form, and manner as required by law. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 5th day of May, 2020. Tony Wu Mayor APPROVED AS FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resokrtion No. 2020-36 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 5th day of May, 2020, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk