HomeMy WebLinkAboutRES 21-7280 (ANNUAL SEWER SERVICE CHARGE FISCAL YEAR 2021-22)
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THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Chapter 13.12 of Title 13 of the City of Hermosa
Beach Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health
and Safety Code, commencing with Section 5470, the City Council is authorized to levy the
annual sewer service charge (the "Charge") and to have such Charge collected 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 general taxes of the City.
SECTION 2. The City Engineer prepared and filed a written report containing a description of
each parcel of real property within the City to which the Charge is applicable (the “Identified
Parcels”) and the amount of the Charge for each such Identified Parcel for fiscal year 2021-2022
computed in conformity with Section 13.12.030 of the City of Hermosa Beach Municipal Code
and approved such Engineer's Report as filed (“Engineer’s Report”).
SECTION 3. Following notice duly given in accordance with law, the City Council has held a
full and fair public hearing regarding the levy and collection of the proposed charge for fiscal
year 2021-2022. All interested persons were afforded the opportunity to hear and be heard.
The City Council considered all oral statements and all written protests made or filed by any
interested person. A majority protest does not exist against the annual levy of the sewer service
charge and all oral and written protests to the levy and collection of the proposed charge for
fiscal year 2021- 2022 are hereby overruled by the City Council.
SECTION 4. Based upon its review of the Engineer's Report, a copy of which has been presented
to the City Council and which has been filed with the City Clerk and the Department of Public
Works, and is hereby incorporated by reference, the City Council hereby finds and determines that
(i) each parcel in the City benefits from receiving sewer service (ii) the net amount to be assessed
upon each parcel of real property for fiscal year 2021-2022 in accordance with the Engineer's
Report is apportioned by a formula and method that fairly distributes the net amount among all
assessable parcels in proportion to the estimated benefits received by each parcel, and (iii) no
charge is imposed on any parcel that exceeds the reasonable cost of the benefits conferred on that
parcel.
RESOLUTION NO. 21-7280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH
CONFIRMING THE LEVYING OF AN ANNUAL SEWER SERVICE CHARGE FOR
FISCAL YEAR 2021-2022 PURSUANT TO CHAPTER 13.12 OF TITLE 13 OF THE
CITY
3 OF HERMOSA BEACH MUNICIPAL CODE
DocuSign Envelope ID: 1B8AD149-6903-461C-BD23-727F5E0811C3
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SECTION 5. Parcels that are owned or used by any county, city, city and county, special district
or any other local governmental entity, the State of California or the United States shall be
charged unless the City demonstrates by clear and convincing evidence that such parcels receive
no benefit from the proposed service.
SECTION 6. As set forth in the Engineer’s Report, the annual sewer service charge is in
compliance with the provisions of the City of Hermosa Beach Municipal code and Article XIIID
of the California Constitution and the City Council has complied with all laws pertaining to the
levy of an annual charge pursuant to the City of Hermosa Beach Municipal Code and Article
XIIID of the California Constitution. Following a majority protest hearing, the initial ordinance
enacting the sewer service charge also included a provision that beginning on July 1, 2016 and
each July 1 through July 1, 2020, the sewer service charge would be increased by the annual
increase in the Consumer Price Index (CPI-W) for Urban Wage Earners and Clerical Workers in
the Los Angeles-Riverside-Orange County, CA Area (now renamed Los Angeles-Long Beach-
Anaheim, CA Area) including all items published by the U.S. Bureau of Labor Statistics as of
March 1 of each year, not to exceed two percent (2%) per year. Because fiscal year 2021-2022
is outside the four-year period to increase the annual charge according to an increase in the CPI-
W, this Resolution does not increase the existing charge.
SECTION 7. The annual sewer service charge is levied without regard to property valuation.
SECTION 8. The City Council hereby finds and determines that the cost of the service that is financed by the annual sewer service charge for fiscal year 2021-2022 is approximately $1,078,142.
SECTION 9. The City Council hereby determines and imposes the annual sewer service charge
for fiscal year 2021-2022, at the rates set forth in the Engineer’s Report of $126.60 per Equivalent
Sewer Unit for residential parcels and at a variable rate based on actual use for non-residential
parcels which is in compliance with the provisions of the City of Hermosa Beach Municipal code
and Article XIIID of the California Constitution.
SECTION 10. In accordance with the California Environmental Quality Act (“CEQA”), Public
Resources Code §21000 et seq., and the regulations promulgated pursuant to CEQA (“The State
Guidelines”) the City Council finds that this Resolution establishes rates and charges for the
purposes of meeting operating expenses of the City, meeting financial reserve needs and
requirements of the City and obtaining funds for capital projects which are necessary to maintain
service within existing service areas in the City, and is therefore exempt from CEQA pursuant to
State Guidelines § 15273.
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SECTION 11. The adoption of this resolution constitutes the levy of an annual sewer service
charge against parcels of property in the City of Hermosa Beach for the fiscal year commencing
July 1, 2021 and ending June 30, 2022.
SECTION 12. The County Auditor of Los Angeles County shall enter on the County Assessment
Roll opposite each parcel of land the amount of the annual sewer service charge, and such charge,
and each installment of the charge, shall be collected in the same manner, and shall be subject to
the same penalties and priority of lien as, other charges and taxes fixed and collected by, or on
behalf of the City. After collection by the County, the net amount of the charge, after deduction of
any compensation due the County, shall be remitted to the Finance Director.
SECTION 13. The Finance Director shall deposit all money representing charges collected by the
County to the credit of the Hermosa Beach Sewer Fund.
SECTION 14. The City Clerk is hereby authorized and directed to file the Boundary Diagram and
the list of actual Parcel Charges (a listing of the Assessor's Parcel Numbers and the amount to be
levied on each parcel) with the County Auditor, together with a certified copy of this Resolution
upon its adoption, in addition to any additional information the County Auditor required to collect
the charge with the County taxes.
SECTION 15. A certified copy of this resolution and a copy of the Engineer’s Report and the
actual Parcel Charges (a listing of the Assessor's Parcel Numbers and the amount to be levied on
each parcel) shall be filed in the office of the City Clerk and open to public inspection.
PASSED, APPROVED, and ADOPTED this 13th day of May 2021.
_____________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Eduardo Sarmiento, Michael Jenkins,
City Clerk City Attorney
DocuSign Envelope ID: 1B8AD149-6903-461C-BD23-727F5E0811C3