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06-23-2020 - AGENDA ITEM 04 PUBLIC HEARING REGARDING WEST COVINA CITYWIDE SEWER SERVICE CHARGES TO BE COLLECTED ON TAX ROLL FOR FY 2020-21AGENDA ITEM NO. 4 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: June 23, 2020 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: PUBLIC HEARING REGARDING WEST COVINA CITYWIDE SEWER SERVICE CHARGES TO BE COLLECTED ON TAX ROLL FOR FY 2020-21 RECOMMENDATION: It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-61— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING THE SEWER SERVICE CHARGES TO BE COLLECTED ON THE FISCAL YEAR 2020-21 TAX ROLL 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, which made it necessary to find an alternative method of funding sewer maintenance and operation costs. In Fiscal Year 1978-79, 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 charged annually to property owners on the property tax bill. A fixed fee is charged for each residential dwelling unit and each 667-square feet of floor area for non-residential uses. The charge is only collected from properties that are connected to the City's sewer mains. 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). At the regular meeting of May 5, 2020, the City Council reviewed the proposed rate increase and set June 16, 2020 as the date for the public hearing. On June 16, 2020, the City Council continued the public hearing to June 23, 2020. https://destinyhosled.mm/print_ag_memo.cfm?seq=814&rev_num=0&mode=6demal&reloaded=true&id=93782 1/3 WHEREAS, the City Council now desires to cause the collection of the sewer service charges as listed in the Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council determines that the charges set forth in the Report are correct and approves each such charge. SECTION 2. The City Clerk is directed to file a copy of the Report with the Los Angeles County Auditor -Controlled pursuant to Section 5473.4 of the California Health & Safety Code. SECTION 3. 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 23rd day of June, 2020. Tony Wu, Mayor APPROVED AS TO 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 Resolution No. 2020-61 was duly adopted by the City Council of the City of West Covina, California, at a special meeting thereof held on the 23rd day of June, 2020, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick, CMC Assistant City Clerk 11/24/2020 Print Staff Report DISCUSSION: 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 increase), 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 new/increased fees may not be imposed. In Fiscal Year 2017-18, the City Council conducted a protest hearing regarding a five-year schedule of sewer rates. Under this schedule, rates were proposed to increase from the proposed Fiscal Year 2017-18 rate by 5% each year. The City did not receive majority protest against the proposed increase. Following the hearing, the City Council adopted the rate increases for the subsequent five years. The remaining rates approved in those proceeds are as follows: For Fiscal Year 2020-21 • $78.12 per Service Unit For Fiscal Year 2021-22 • $82.02 per Service Unit The Council approved these rates in 2017 by Resolution No. 2017-55. The rates automatically take effect each year. On May 5, 2020, the City Council adopted Resolution No. 2020-36, declaring its intention to collect sewer service charges on the County tax roll for Fiscal Year 2020-21 and setting June 16, 2020 for the public hearing regarding the charges to be collected. On June 16, 2020, the City Council continued the public hearing to June 23, 2020. The purpose of the hearing is to allow property owners to object if they believe that the amount the City intends to collect against their parcel is incorrect. After the hearing, the City Council can adopt a resolution that approves the charges listed on the report and orders the report be transmitted to the County for collection on the tax roll. The increase to the Sewer Service Charge for Fiscal Year 2020-21 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's Office has reviewed the resolution and approved it as to form. OPTIONS: The City Council has the following options: 1. Adopt Staff's recommendation to increase assessment rate by 5% based on the Sewer System Revenue Sufficiency Analysis to increase revenues and stabilize the reserves for Fiscal Year 2020-21; or 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; or 3. Provide alternative direction. Prepared by: Michael Ackerman, City Engineer https://destinyhosted.com/print_ag_memo.Gfm?seq=814&rev_num=0&mode=6demal&reloaded=true&id=93782 2/3 11/24/2020 Print Staff Report Fiscal Impact FISCAL IMPACT: For Fiscal Year 2020-21, the Citywide Sewer Service Charge rates will increas by 5%, from $74.40 to $78.12 per unit per year and generate an additional $178,942 in sewer service charges. The total proposed sewer rate is projected to generate a total of $3,698,376. 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 $3,910,324. Including the $2,474,136 balance from the previous year, the total fands available is $6,387,461. The preliminary operating budget for Fiscal Year 2020-21 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 are not limited to, payroll, personnel recruitment, insurance claims, audits, budgets, and purchasing. The Preliminary Financial Report for Fiscal Year 2020-21 contains the following components: 1. Budget and Revenue Summary 2. Proposed Assessment Rate 3. Revised Projected Reserve (Fiscal Year 2019-20) 4. Preliminary Sewer Charge Roll Attachments Attachment No. 1 - 15 Year Rate History Attachment No. 2 - Engineer's Report Attachment No. 3 - 10 Year Fiscal Projection Attachment No. 4 - Resolution No. 2020-61 (Citywide Sewer Service Charges) CITY Enhance City Facilities and Infrastructure COUNCIL Enhance the City Image and Effectiveness GOALS & OBJECTIVES: https://destinyhosted.com/print_ag_memo.Gfm?seq=814&rev_num=0&mode=6demal&reloaded=true&id=93782 3/3 ATTACHMENT NO. 1 West Covina Citywide Sewer Service Charges 15 Rate History r Unit/Month Proposed Rate 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 Previous Fiscal Year Fund Balance $2,474,136 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 Expenditures Operating Maintenance Personnel Services $999,318 Material and Services 88,643 Professional Services 291,852 Maintenance Contracts 105,541 Utilities 10,000 Vehicles 24,700 Fuel and Oil 15,617 Property & Liabilti 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 Capital Improvement $0 Total Operating and Capital Budget $2,277,377 Ending Fund Balance $4,110,083 '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 (4,684,282) Projected Fund Balance (as of 6130119) $ 2,474,136 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 Assessment Income Interest (1) Property Tax Revenue (Ad Valorem) Prior Year Balance Total Funding Maintenance Costs (2) Capital Improvements Total Cost Ending Balance Charaes oer Unit West Covina Citywide Sewer Charges 10 Year Fiscal Proiection $3,698,376 $3,883,295 $3,883,295 $3,883,295 $3,883,295 $3,883,295 $3,883,295 $3,883,295 $3,883,295 $3,883,295 4,948 8,220 11,777 15,249 18,632 21,926 25,128 28,235 31,246 34,159 210,000 210,000 210,000 210,000 210,000 210,000 210,000 210,000 210,000 210,000 2,474,136 4,110,083 5,888,673 7,624,363 9,316,135 10,962,956 12,563,769 14,117,495 15,623,034 17,079,265 $6,387,460 $8,211,598 $9,993,746 $11,732,906 $13,428,062 $15,078,177 $16,682,191 $18,239,025 $19,747,575 $21,206,718 2,277,377 2,322,925 2,369,383 2,416,771 2,465,106 2,514,408 2,564,696 2,615,990 2,668,310 2,721,676 0 0 0 0 0 0 0 0 0 0 $2,277,377 $2,322,925 $2,369,383 $2,416,771 $2,465,106 $2,514,408 $2,564,696 $2,615,990 $2,668,310 $2,721,676 $4,110,083 $5,888,673 $7,624,363 $9,316,135 $10,962,956 $12,563,769 $14,117,495 $15,623,034 $17,079,265 $18,485,042 $78.12 $82.02 $82.02 $82.02 $82.02 $82.02 $82.02 $82.02 $82.02 $82.02 Notes: (1) Interest is 0.4 % of one-half of the previous year ending balance. (2) 2 % increase in maintenance cost each year due to inflation. ATTACHMENT NO.4 RESOLUTION NO.2020-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE SEWER SERVICE CHARGES TO BE COLLECTED ON THE FISCAL YEAR 2020-21 TAX ROLL 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, mlmtenance, 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 X111 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 Fiscal Year 2020-21, computed in conformity with the schedule of charges previously adopted by the City Council (the "Report"); and WHEREAS, the Report is on file in the Office of the City Clerk, available for public inspection, and incorporated herein by reference; and WHEREAS, by Resolution No. 2020-36, adopted on May 5, 2020, the City Council elected to collect the sewer service charges for Fiscal Year 2020-21 on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the City's general taxes; and WHEREAS, Resolution No. 2020-36 also set 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 as the time and place for a public hearing (the "Hearing') on the Report. On June 16, 2020, the City Council continued the Hearing to June 23, 2020; and WHEREAS, notice of the Hearing was published as required by law; and WHEREAS, at the Hearing, the City Council heard and considered all objections or protests, if any, to the Report; and