Legislation Details

File #: HIST-8669    Version: 1 Subject:
Type: Historical Status: Public Hearing
In control: City Council Meeting Agenda
On agenda: 6/23/2008 Final action: 6/23/2008
Title: PUBLIC HEARING Adoption of a Resolution Approving the Engineer’s Report and Affirming the Existing Annual Assessment Levy for the Sewer User’s Service Charge for Fiscal Year 2008/2009.
Attachments: 1. PUBLIC HEARING Adoption of a Resolution Approving - PH-2__08-06-23_PW-Eng_SUSC Order Assessment - FINAL.doc, 2. PUBLIC HEARING Adoption of a Resolution Approving - Sewer User.PDF
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: Staff recommends the City Council adopt a resolution approving the Engineer’s Report and affirming the existing annual assessment levy for the Sewer Users’ Service Charge for Fiscal Year July 1, 2008 to June 30, 2009. PROCEDURE: Mayor: Announce that this is the time and place for the public hearing to discuss the annual levy of assessments for the Sewer User’s Service Charge for Fiscal Year 2008/2009. City Clerk: Announce that notice of this hearing has been given pursuant to the provisions of Chapter 15.01 of the Code of the City of Culver City, California, and that the following affidavits are on file in his office: 1. Affidavit of Publication; and 2. Affidavit of Posting. Mayor and Council: Seeks a Motion to receive and file all affidavits. Meeting Date: 06/23/08 Item Number: PH-2 AGENDA ITEM: PUBLIC HEARING Adoption of a Resolution Approving the Engineer’s Report and Affirming the Existing Annual Assessment Levy for the Sewer User’s Service Charge for Fiscal Year 2008/2009 Contact Person/Dept.: Mate Gaspar/PW Phone Number: (310) 253-5602 Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X] Public Hearing: [X] Action Item: [] Attachments: [X] Public Notification: Legal: The Notice of Public Hearing was posted on the City’s official bulletin board on June 12, 2008 and published in the June 12, 2008 issue of Culver City News. Master E-Mail Notification List on (06/18/08) Department Approval: Charles Herbertson (06/16/08) City Attorney Approval: Carol Schwab (by H. Baker) (06/18/08) City Financial Officer Approval: Jeff Muir (by M. Noller) (06/18/08) City Manager Approval: Jerry B. Fulwood (06/18/08) City of Culver City, California City Council Agenda Item Report City Engineer: Present the Engineer's Report and explains method of assessment for the annual levy. City Clerk: Announce the number of written protests received, if any, and announce that copies of all such protests have been delivered to the City Council OR, summarize the contents thereof. Mayor: First, ask to hear from those who have filed a written protest. Next, ask to hear from those in the audience wishing to speak against the proposed assessments. Then, ask to hear from anyone who wishes to speak in favor of the proposed assessments. Mayor and Council: Seeks a motion to Declare the Public Hearing closed. Mayor and Council: Discussion. Mayor and Council: By Motion, overrule and deny any protests, assuming protests represent less than 50% of property interest. Mayor and Council: By Motion, adopt the Resolution confirming the annual assessment levy BACKGROUND: Culver City currently obtains sewage treatment services at the City of Los Angeles' Hyperion Treatment Plant through an Amalgamated Agreement with the City of Los Angeles. This Agreement requires Culver City to pay a proportionate share of the costs of conveyance, operation, maintenance, repair and capital improvements to upgrade and improve the amalgamated sewerage system. Culver City owns and operates a separate sewage collection system, which is connected to the amalgamated system. Federal law requires that all other agencies using the City of Los Angeles' Hyperion Treatment Plant adopt a system of charges to assure that each property served by a public sewer pay its fair share of costs for the operation, maintenance, repair and improvement of Hyperion Treatment Plant. The “fair share” of each sewer-using property is based on its contribution to the system in terms of flow quantity and City of Culver City, California City Council Agenda Item Report sewage quality (biochemical oxygen demand and suspended solids). This is in addition to the cost experienced by Culver City in the collection, operation, and improvement of our own sewage collection and conveyance system. All of these costs are annually determined and presented to the City Council in the City Engineer's Report, in accordance with Section 5.02.035 of the Culver City Municipal Code (CCMC). The proposed charges for Fiscal Year 2008/2009 will address estimated costs for providing complete operation, maintenance, and local capital improvements for the Culver City sewerage system and for the estimated payments due to the City of Los Angeles for Culver City's share of the Los Angeles Amalgamated System costs. In addition to formulating and adopting a system of Sewer User’s Service Charges, the City must also select a system of collecting these charges. In 1980, based on an engineering study and the City Engineer’s recommendation, the City Council initiated a once-a-year billing procedure for Sewer User’s Service Charges that places each property owner’s charges on their property tax bill. This method of collection has proven to be very efficient and provides the lowest cost billing and collection service for Culver City. During the Fiscal Year 2002/03 Sewer User Service Charge rate discussion the City Council approved a program that identified the need for annual 10% rate increases through Fiscal Year 2007/2008. The Sewer User Service Charge rate has been increased 10% every year since Fiscal Year 2002/03 except in Fiscal Year 2005/06 where the rate was increased by 5%. The total percentage rate increase from fiscal year 2002/03 to fiscal year 2007/08 was 55%. From fiscal year 1990/91 to fiscal year 2001/02 there was no rate increase. The total rate increase in eighteen (18) years averaged 3% a year. DISCUSSION: The Sewer User’s Service Charge budget is 100 percent self-supporting for all expenditures related to the collection, operation & maintenance, capital improvements, conveyance and treatment of the City’s sewer system. The sewer user service charge is collected based on the prior calendar year’s total water consumption for each parcel that is on the sewer system. A certain portion of the water consumption amount is deducted due to landscape irrigation. With the Amalgamated Agreement with the City of Los Angeles, certain costs related to conveyance and treatment are included in this charge by Los Angeles which the City pays based on flow measurements throughout the year. The City of Los Angeles sends Amalgamated Cities their 5-year projections for costs related to City of Culver City, California City Council Agenda Item Report the Agreement. In a In a February 12, 2008 letter from the City of Los Angeles to Culver City they have projected an increase of cost from $2,089,000 to $2,963,000. This is an $874,000 cost increase. However, the actual cost will be made known in July 2008. Historically, the City of Los Angeles tends to project a much larger cost than the actual cost that is received at a later date. The Sewer Enterprise Fund maintains a large surplus reserve and staff does not recommend any rate increase this year. As described earlier in the report, each property owner’s sewer charge is based on its water consumption and then entered in a formula as described in the Engineer’s report. Preliminary water consumption data for 2007 from Golden State Water Company and City of Los Angeles’ Department of Water and Power show an increase of 2% over last year’s amount. As such, the total revenue will increase by about 2% over last year. Consolidation and diversion of sewer flow In December 2007, the City Council approved a contract with Psomas for the sewer pump station consolidation study. The study will determine the economic feasibility of consolidating several of the pump stations. Based on the results of this study, staff may recommend to the City Council several sewer projects to consolidate the sewer pump stations. The costs for this endeavor are projected to be several million dollars and would be obtained from the Sewer Enterprise Fund surplus reserve balance. After this study is completed, a second phase will study the feasibility of diverting the consolidated sewer flow to the Los Angeles County system. Should sending flow to the County system prove feasible, it is likely that this will also cost several million dollars to implement the system changes needed to bring this about and to buy into the County Sanitation District’s system. The purpose of this entire effort is that the sewer system will cost less to maintain and operate over the long term. A side benefit would be that the City would obtain better representation of its interest through membership on the Sanitation District Board. Audit of City of Los Angeles’ costs The Cities of Glendale and Burbank, along with Culver City, hired PBS&J Engineering consultants to audit City of Los Angeles’ sewer costs related to the Amalgamated Agreement. The audit was initiated in response to last year’s large projected operating and capital cost increases to all Cities in the Amalgamated system. The audit has been completed. A joint letter was mailed to the City of Los City of Culver City, California City Council Agenda Item Report Angeles with the audit and its recommendations. City of Los Angeles has responded to the letter and it is currently being reviewed by staff. FISCAL ANALYSIS: The report contains a spreadsheet of the 5 year estimated sewer user service fund cash flow projections. ATTACHMENTS:  Engineer’s Report  Resolution  Sewer Enterprise Funds 5 year cash flow projection MOTION: That the City Council: Adopt a Resolution approving the Engineer’s Report and affirming the existing annual assessment levy for the Sewer User’s Service Charge for Fiscal Year July 1, 2008 to June 30, 2009. MEETING DATE: 06/23/08 AGENDA ITEM: PUBLIC HEARING Adoption of a Resolution Approving the Engineer's Report and Affirming the Existing Annual Assessment Levy for the Sewer User's Service Charge for Fiscal Year 2008/2009 ATTACHMENTS Pages|109| Engineer's Report 1-7|109| Resolution 8-10|109| Sewer Enterprise Funds 5 year cash flow projection 11PUBLIC WORKS DEPARTMENT 9770 CULVER BOULEVARD. CULVER CITY, CALIFORNIA 90232-0507 (310) 253-5600 • FAX (310) 253-5626 CHARLES 0. HERBERTSON, PE LS Public Works Director and City Engineer ENGINEER'S REPORT ON THE ANNUAL LEVY 2008-2009 SEWER USER'S SERVICE CHARGE IN THE CITY OF CULVER CITY UNDER THE PROVISIONS OF CHAPTER 5.02 OF THE CODE OF THE CITY OF CULVER CITY, CALIFORNIA FILED with the City Clerk on June 23, 2008 PRESENTED to the City Council and APPROVED by Resolution No. 2008- R , adopted by said City Council on June 23, 2008 and thereafter filed in the Office of the City Clerk IICulver City — SUSC 2008/2009 City Engineer's Report 6/17/2008 2 of 7 CITY ENGINEER'S REPORT FOR SEWER USER'S SERVICE CHARGES FOR FISCAL YEAR 2008-09 1.0 Introduction A major challenge confronting those responsible for wastewater infrastructure, transportation, treatment and disposal is acquiring adequate funds to finance and operate facilities and capital equipment, along with implementing appropriate pricing structures to ensure the self- sufficiency of the utility. The financing vehicle that is used by the utility and the timing of the financing are crucial in ensuring that wastewater customers are appropriately paying for facilities that they need, and not inappropriately financing facilities for future customers. It is a major goal of an effective financial plan to 'match' the economic impact on customers with the benefits received from the service. Regulations governing Federal and State grant funds require the City of Los Angeles to maintain a Cost Recovery Program (Sewer User Charges System) which includes all operations and maintenance costs directly or indirectly related to the treatment and collection of liquid waste discharge by residents and businesses. As a result of Culver City's contractual relationship with the City of Los Angeles for wastewater treatment at the Hyperion Treatment Facility, Culver City (City) is also required to recover from each wastewater user their proportionate share of the costs incurred for wastewater collection capital improvements within Culver City, wastewater system operation and maintenance, City of Los Angeles capital improvements for conveyance to Hyperion and operation and maintenance at Hyperion. Accordingly, Culver City adopted a plan to collect wastewater user charges and implemented it for the first time in fiscal year 1980-81. The City recovers wastewater user charges on an annual basis. Since the plan's inception, the County Auditor-Controller's offices, and the annual property tax bill, have been utilized as the vehicle for both billing and collection. This method has proven to be both functionally satisfactory and exceptionally economical over the last twenty eight years. In order to achieve a fair and equitable system of wastewater user charges, users are charged in a manner consistent with their actual use of the system. This comprises not only the flow quantity, but also the wastewater strength (quality) as characterized by BOD (biochemical oxygen demand) and SS (suspended solids).Culver City — SUSC 2008/2009 City Engineer's Report 6/17/2008 3 of 7 Pursuant to the Culver City Municipal Code, in FY 2003-04 the City reviewed and approved the Sewer User's Service Charges (SUSC) structures and billing formulas to ensure that the City utilizes an effective pricing structure within the constraints of Proposition 218. Additionally, the City wanted to ensure that its sewer pricing structure continue to achieve the goals and objectives of the community, while maintaining a fair and equitable distribution of costs to all of its customers. 2.0 Discussion Staff recommends that that the existing rates be affirmed for 2008-09 tax rolls. Staff believes, based on the current Sewer Fund balances and the anticipated revenues and costs, that the existing rates will protect the solvency of the Fund. Credits for residential landscaping can be given in two ways. 1) Either the resident can install a separate water meter for landscaping which will not be assessed on the tax bill or 2) prove by submitting calculations and evidence that the percentage reduction in the tabled formula is not adequate. Last year, the City of Los Angeles charged 82.089.000 for operations, maintenance and capital improvements for the treatment and conveyance of Culver City wastewater. For fiscal year 2008-2009, the charge is projected to be about $2,900,000. 3.0 Calculation of Annual Expenditures and Revenue For fiscal year 2008-09 the estimated annual expenditures is as follows: Operating Costs - City $2,465,311 Operating and Capital Project Charges from City of $2,900,000 * Los Angeles Debt Service on Sewer Bond $1,708,884 Sewer User Service Charge credits - estimated $ 50,000 City of L.A. Sewer Facility Charge - estimated $ 325,000 Capital Projects — City $3,455,000 Total FY 2008-2009 budget $10,904,195 Table 1 shows the Five-Year Cash Flow Projection for the Sewer Enterprise Fund. *Operating and capital projects charges from the City of Los Angeles for fiscal year 2008-09 is a projection made in February 2008. Based on past experience, the charges amount will likely change and be at a lower amount. 3Culver City — SUSC 2008/2009 City Engineer's Report 6/17/2008 4 of 7 Minimum Reserve Fund = 70% of annual operations budget 4- 2 yrs of debt service annual capital improvements budget For fiscal year 2008-2009 the minimum required reserve fund is estimated to be $8,598,485 and the available cash balance is projected to be $18,498,000. For fiscal year 2008-09 the estimated annual revenue is as follows: Sewer User Service Charge $8,477,983 Sewer Facility Fees $ 650,000 Interest Income $ 350,000 Total FY 2008-2009 budget $9,477,983 There will be an operating deficit in an amount of $1,426,192 based on the estimated total expenditures and revenue for fiscal year 2008-09. This is a very conservative estimate and will likely be a smaller deficit amount if the City of Los Angeles charges us less than they projected in a letter to Culver City in February 2008. Also the City's capital project expenditures may be less than projected if construction bids come in lower than budgeted. Even without a rate increase for fiscal year 2008-09, the sewer user service charge revenue will increase by 2% from last year's amount based on higher water consumption data as obtained from Golden State Water Company and Los Angeles Department of Water and Power for calendar year 2007. Therefore, with the healthy cash balance and conservative estimates of expenditures, Staff recommends that the current SUSC billing formulas and charges remain the same for fiscal year 2008-09. 4.0 Summary of Current SUSC Rate Structure The current SUSC Rate Structure is composed of a base charge and a commodity charge for all customer classifications: A. Base Charge The base charge of the SUSC is comprised of two components: Customer Costs — Customer costs such as billing and customer service are fixed costs that tend to vary in proportion to the total number of customers served by the utility. Customer costs are therefore allocated to each customer based on the number of customer accounts. Fixed Capacity Costs — Capacity costs are fixed costs associated with maintaining the sewer collection system. These costs include rents and leases. Capacity costs tend to vary inBase Charge I Annual Water x Usage Return to Sewer Percentage Rate for the X Customer Class Culver City — SUSC 2008/2009 City Engineer's Report 6/17/2008 5 of 7 relation to the total capacity of the collection system. Capacity costs are therefore allocated to each customer based on number of accounts. B. Commodity Charge The Commodity Charge is also comprised of two components: Collection System Costs — Collection system costs are debit service and variable costs associated with the maintenance of the underground pipelines from each customer and the integrated pipeline system prior to the discharge points to the City of Los Angeles transmission system. As there are no treatment costs involved in the maintenance of the Culver City collection system, these costs are allocated on a flow basis only. Treatment Costs — The process and costs of providing transmission, treatment, and disposal of Culver City's customers' sewage are provided and determined by the City of Los Angeles. These costs are considered variable costs, as they vary with the flow and sewage strength as metered and determined by the City of Los Angeles. Treatment costs are recovered through commodity rates charged on the basis of each customer's adjusted actual water usage and their assumed sewage strengths. The City of Los Angeles provides Culver City in July of every year the Amalgamated System Sewerage System charge rates for the upcoming fiscal year. SUSC 5.0 Current SUSC Rates for 2007-08 Table 1 SUSC Current Billin Formulas for FY07/08 Base Charge Commodity Charge (Per HCF Annual total Flow) Multi-Family $ 42.32 per unit+ (0.85W x $3.85) Single Family $ 42.32 (0.58W x $3.85) Group II Users: $ 42.32 ( W x $3.85) roup III Users: $ 42.32 ( W x $7_63) Group IV Users: $ 42.32 ( W x $3.75) Group V Users: $ 42.32 (W x $3.26)Group VI Users:Individual Special Users 601 $ 42.32 602 $ 42.32 603 $ 42.32 604 $ 42.32 605 $ 42.32 606 $ 42.32 607 $ 42.32 609 $ 42.32 • ( W x $4.10) • ( W x $5.35) • ( W x $5.35) • ( W x $3.75) • ( W x $3.21) • ( W x $5.35) • ( W x $3.85) • ( W x $3.85) W=Annual Water Consum tion In HCF SUSC Usage Base + Annual Water x Charge Return to Rate for the Sewer X Customer Percentage Class Table 2 SUSC Proposed Billing Formulas for FY08109 Base Charge Commodity Charge (Per HCF Annual Flow) Single Family Group II Users: Group III Users: Group IV Users: Group V Users: $ 42.32 per unit+ $ 42.32 $ 42.32 $ 42.32 $ 42.32 $ 42.32 (0.85W x $3.85) (0.58W x $3.85) ( W x $3.85) ( W x $7.63) ( W x $3.75) ( W x $3.26) Group VI Users:Individual Special Users 601 $ 42.32 602 $ 42.32 603 $ 42.32 604 $ 42.32 ( W x $4.10) ( W x $5.35) ( W x $5.35) ( W x $3.75) Culver City — SUSC 2008/2009 City Engineer's Report 6/17/2008 6 of 7 Annual Water Consumption was based on calendar year 2006. 6.0 Proposed SUSC Rates for 2008-09605 $ 42.32 606 $ 42.32 607 $ 42.32 608 $ 42.32 609 $ 42.32 610 $ 42.32 W=Annual Water Consumption W x $3.21) W x $5.35) W x $3.85) W x $4.93) W x $3.85) W x $0.77) In HCF Culver City — SUSC 2008/2009 City Engineer's Report 6/17/2008 7 of 7 Annual water consumption is based on calendar year 2007. 7.0 Recommendations: In summary, Staff makes the following recommendations: • Continue to use Los Angeles Auditor-Controller property tax roll for SUSC billing purposes as it eliminates costly billing systems, additional staff, and minimizes bad debt. • Adopt a resolution that affirms the existing SUSC billing formulas for fiscal year 2008- 09. Charles D. Herbertson RCE 46658 Public Works Director and City Engineerc6. RESOLUTION NO. 2008-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND AFFIRMING THE EXISTING ASSESSMENT LEVY FOR THE SEWER. USER'S SERVICE CHARGE FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council of the City of Culver City desires to assess a levy for fiscal year 2008/2009 of the Sewer User's Service Charge pursuant to the provisions of Chapter 5.02 of the Culver City Municipal Code ("CCMC") for a service charge to be known and designated as SEWER USER'S SERVICE CHARGE (hereinafter referred to as the "Service Charge"); and WHEREAS, the City Engineer prepare and filed the Engineer's Report (attached hereto as Exhibit "A" and incorporated herein by reference) for the City Council's consideration; and WHEREAS, the City Council has heard all testimony and evidence at a duly noticed public hearing held on June 23, 2008 and has determined to proceed with the levy of annual assessment for the Service Charge. NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY RESOLVE as follows: 1. Upon the conclusion of the public hearing and consideration of all public testimony, the Engineer's Report is hereby approved, the existing annual levy as set forth and described in the Engineer's Report is hereby ordered, and no increase is ordered at this time. 2. The adoption of this Resolution constitutes the levy of the existing assessment for the fiscal year commencing July 1, 2008 and ending June 30, 2009.|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The estimates of costs and all other matters as set forth in the Engineer's Report as submitted pursuant to CCMC § 5.02.035 are hereby approved and adopted. 4. The existing assessment as set forth in the Engineer's Report shall be performed pursuant to law. The County Auditor shall enter on the County Assessment Roll the amount of the assessment and the assessment shall then be collected at the same time and in the same manner as the County property taxes are collected. After collection by the County, the net amount of the assessment shall be paid to the City Treasurer of the C[ty of Culver City. 5. Upon receipt of monies representing assessments collected by the County, the City Treasurer for the City of Culver City shall deposit the monies into a special fund known as the "Fund for Sewer User's Service Charge," which was previously established. 6. Immediately upon the adoption of this Resolution, the City Clerk shall file a certified copy of the Engineer's Report containing the assessment, with the County Auditor. / / / / / / / / / / / / / / / / / / / / / / / / -2- 9ATTEST: APPRO MARTIN COLE, City Clerk CAF1OL A. SCHWAB, ity Attorney 7. A certified copy of the Engineer's report shall also be filed in the Office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk, and shall be open for public inspection. APPROVED and ADOPTED this 23rd day of June 2008. D. SCOTT MALSIN, MAYOR City of Culver City, California -3-|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 102007/2008 actual 2008/2009 estimated 2009/2010 2010/2011 2011/2012 2012/2013 Beginning cash balance 18,498,000 17,071,808 17,481,362 16,634,542 13,587,812 Sewer User Service Charge 8,311,749 8,477,983 8,732,323 8,994,292 9,264,121 9,542,045 Industrial Waste Inspection Fee 60,000 70,000 70,000 70,000 70,000 70,000 CC & LA Sewer Facility Charges 600,000 650,000 500,000 300,000 300,000 300,000 Interest Income 350,000 350,000 350,000 300,000 250,000 250,000 Total Revenue 9,321,749 9,547,983 9,652,323 9,664,292 9,884,121 10,162,045 Less: Operating Costs Operating costs- City 2,206,215 2,465,331 2,539,291 2,615,470 2,693,934 2,774,752 Operating costs- Hyperion 1,044,908 1,450,000 1,087,122 1,108,864 1,131,042 1,153,663 Debt service 1,701,569 1,708,844 1,709,234 1,707,914 1,704,834 1,709,334 Industrial Waste Inspection Fee 60,000 70,000 70,000 70,000 70,000 70,000 LA Sewer Facility Charges 300,000 325,000 250,000 150,000 150,000 150,000 SUSC Refund Credits 50,000 50,000 50,000 50,000 50,000 50,000 Total Operating Expenditures 5,362,692 6,069,175 5,705,647 5,702,248 5,799,810 5,907,749 Capital Projects Capital expenditures- City 2,768,659 3,455,000 2,450,000 3,700,000 6,000,000 5,000,000 Capital expenditures- Hyperion 1,044,900 1,450,000 1,087,122 1,108,864 1,131,042 1,153,663 Total Capital Projects 3,813,559 4,905,000 3,537,122 4,808,864 7,131,042 6,153,663 Total Expenditures 9,176,251 10,974,175 9,242,769 10,511,112 12,930,852 12,061,412 Operating Surplus/Deficit 145,498 -1,426,192 409,554 -846,820 -3,046,731 -1,899,367 Cash Balance- End of June 18,498,000 17,071,808 _ 17,481,362 16,634,542 13,587,812 11,688,445 projection 3% increase * 2% increase 2% increase Table 1 Sewer Enterprise Fund Five Year Estimated Cash Flow Projection (FY 2007-2012) *2% increase for FY 2008/09 FY 2008/09 Hyperion charges are projected by City of Los Angeles