El Monte

City Council

June 04, 2024 Order of Business 13 #2

Agenda Item 2

13.2 A Majority Protest Public Hearing Pursuant to Article XIID of the California Constitution\n(Proposition 218) to Consider and Approve an Uncodified Urgency Ordinance of the\nCity Council of the City of El Monte Establishing a 2024 Increase Sewer Service Charge\nRates Levied Upon Real Property Parcels Within the City of El Monte Effective as of\nthe Start of the 2024-2025 Fiscal Year\nRECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:\nIt is recommended that the City Council:\n1. Open the Majority Protest Public Hearing;\n2. Receive presentation of City staff and the Consultant responsible for preparing a sewer\nservice charge study and analysis supporting the propose increase in sewer service\ncharge rates;\n3. Pose questions to City staff and the Consultant;\n4. Open the Public Comment portion of the Majority Protest Public Hearing;\n5. Before Closing the Public Comment portion of the Public Hearing make a final\nannouncement that eligible property owners who wish to formally oppose the proposed\nincrease and have their opposition counted as part of the Majority Protest vote must\npresent their written protest to the City Clerk before staff is directed to commence the\nMajority Protest count by the City Council;\n6. Close the Public Comment portion of the Public Hearing if there are no other members\nof the public who wish to comment or submit written protests;\n7. Direct staff to complete the Majority Protest count and announce the results for the\nrecords. (The City Council may, but is not required, to recess of the Public Hearing while\nstaff completes the count and reconvene when the count is completed and ready to be\nannounced); and\n8. If it is determined that of the total number of real property parcels for which a written\nprotest may be submitted the number of written protests timely received was 50% or less\nof the total number of eligible parcels, then, and only then, the City Council may entertain\nmotions to approve the attached uncodified Urgency Ordinance by 4/5 vote of the full City\nCouncil to approve the proposed Sewer Service Charge rate increase and the related\ndocuments and materials in support of the increase. The uncodified Urgency Ordinance:\n(i) approves the Sewer Rate Analysis that supports the increase in fees; (ii) approves the\nunderlying assumptions, determinations set forth in the Sewer Rate Analysis; (iii)\nmemorializes and affirms the City’s compliance with the noticing and hearing\nrequirements prescribed by Proposition 218 and related statutes; (iv) affirms the Majority\nProtest count; and (v) effectuates the increase to the Sewer Service charge rates.\nTotal Cost: N/A Account No: N/A\nIs the cost of this item budgeted? N/A\nUrgency Ordinance No. 3037