RESOLUTION NO. R-25-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN MARINO, CALIFORNIA, ESTABLISHING SEWER
SERVICE CHARGES FOR SEWER COLLECTION
SERVICES, WITH ANNUAL UPDATES THROUGH JULY 1,
2029
WHEREAS, the City of San Marino ('City") provides sewer collection service to property vers (who may also be referred to as owners) within the coporated Ced inhe essen 1 Exhibit "B." attached hereto ar
System Management Plan dated May 2019, these sewer collection services include collection pipelines and sewer lift stations that convey wastewater to the Los Angeles County Sanitation District ("LACSD") for treatment; and
WHEREAS, the City is authorized to establish fees, rates, and charges for the sewer services provided to each property owner in accordance with Health and Safety Code Sections 5470-5474.10, and "Proposition 218" (California Constitution Article XIII D, Section 6; as it is implemented by the Legislature at Government Code sections 53750 - 53759.2; and as it has been interpreted by judicial decisions). The City refers to those fees, rates, and charges as sewer service charges or sewer rates (as used herein, the phrases "sewer service charges" or and "sewer rates" may be used interchangeably; and
WHEREAS, the purpose of the sewer rates is to ensure that adequate funding is provided to protect the public health, safety and general welfare through the provision of a reliable and adequate sewer system that meets current and anticipated demands to serve the owners and customers of the City; and
WHEREAS, the City undertook an analysis of its cost of providing sewer collection services, as documented in the City of San Marino Sewer Rate Study Final Report prepared by the City's rate consultant, Raftelis, dated April 29, 2025 ("Rate Study"), and determined that proposed changes to the City's sewer rates are warranted in order to offset the City's ongoing costs of providing sewer services to owners and customers. The Rate Study has been posted on the City's website (www.SanMarinoCA.gov/Sewer) since April 28, 2025, and it is available for public review upon request; and
WHEREAS, On March 28, 2025, the City of San Marino City Council (City Council" or "Council") approved Resolution R-25-09, by which the Council directed City staff to provide notice of a public hearing to consider the approval of sewer rates in accordance with the requirements of Proposition 218, including implementation of the administrative remedies for owners to submit written objections to the sewer rates (in accordance with "AB 2257" codified at Government Code Sections 53759.1 and 53759.2); and
WHEREAS, on April 28, 2025, the City mailed the notice of public hearing (to be held on June 27, 2025) to all property owners receiving sewer service from the City, and posted the notice on its website at (www.SanMarinoCA.gov/Sewer). The public hearing notice was also published in accordance with Government Code Sections 6062a, 54354.5, and 66016; and WHEREAS, consistent with the notice of public hearing, the public hearing was held on CITY OF SAN MARINO RESOLUTION NO. R-25-21
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June 27, 2025, the City Council provided an opportunity for every interested person to comment on the proposed sewer rates, the Council considered all timely written protests from property owners and written responses from City staff, and the Council determined that the proposed sewer rates comply with the requirements of Proposition 218 and proceeded to conduct the public hearing to consider timely written protests submitted prior to the close of public hearing; and WHEREAS, the City Council determines, after having duly received and considered oral and documentary evidence concerning the necessity for the proposed sewer rates, that it is warranted and necessary to establish the sewer rates as set forth in this Resolution; and WHEREAS, this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(8), and California Code of Regulations Section 15273 (of the "CEQA Regulations") because it establishes, modifies, structures, or restructures, and approves rates and charges for the purposes of: (1) meeting operating expenses; (2) purchasing supplies, equipment and materials; (3) meeting financial requirements; and (4) obtaining funds for capital projects necessary to maintain service within existing incorporated City limits.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves the sewer rates set forth on "Exhibit A," which is attached and incorporated by this reference. The sewer rates approved by this Resolution shall be implemented in accordance with Resolution Sections 2 and 3. The sewer rates are approved based on the following findings and determinations by the City Council:
A. After considering all timely written objections and written responses, the Rate Study and all evidence identified in this Resolution document the bases on which these sewer rates are approved, and there is no need to reduce, alter, or clarify the proposed sewer rates.
B. At the close of the public hearing on June 27, 2025, the City Council considered all timely written protests and determined that, from the total number of 4,323 parcels served by City sewer service, the owners of a majority of those parcels did not submit a written protest. Therefore, the City Council overruled all written protests against the proposed sewer rates, and the City may approve the sewer rates in accordance with California Constitution Article XIII D, Section 6(a)(2).
C. The Rate Study and all evidence identified in this Resolution document that the sewer rates comply with the substantive requirements of Proposition 218, as set forth at California Constitution Article XIII D, Section 6(b):
The revenues derived from the rates do not exceed the cost of providing sewer service to property owners or customers served by the City's sewer service.
The revenues derived from rates are not, and shall not be, used for any other purpose other than meeting the costs of providing sewer service.
CITY OF SAN MARINO RESOLUTION NO. R-25-21
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The amount of the rate imposed upon any parcel does not exceed the proportional cost of the sewer service provided to that parcel.
4. The revenues derived from rates are used for sewer services actually used by, or immediately available to, the person or owner of the property responsible for the payment of the rate.
5. No rate is imposed for general governmental services, such as police or fire, that is available to the public at large.
SECTION 2. Review of Sewer Rates. The City Manager, or designee, shall periodically, but not less than annually, review the sewer rates to determine whether revenues from such rates are meeting the actual cost of services and facilities necessary to deliver sewer service to the residential and non-residential parcels within the incorporated City limits. If the City Manager determines that revenues are not adequate to meet costs, the City Manager shall recommend to the City Council a revised schedule of sewer rates in accordance with Proposition 218 and the processes described in this Resolution.
SECTION 3. Effective Date of Sewer Rates. The sewer rates set forth on "Exhibit A" shall be effective July 1, 2025, for the rates identified in the column labeled "FY 2026." Thereafter, the sewer rates shall be automatically updated on an annual basis each July 1; thus: (a) the rates in column "FY 2027" are effective July 1, 2026; (b) the rates in column "FY 2028" are effective July 1, 2027; (c) the rates in column "FY 2029" are effective July 1, 2028; and (d) the rates in column "FY 2030" are effective July 1, 2029, and each July 1 thereafter. Provided, however, for any annual establishment of sewer rates, the City Council may set the rates by resolution in an amount that is equal to or less than the amounts authorized by this Section 3. The sewer rates shall not be set in an amount that exceeds those set forth in this Section 3 unless the City Council first conducts a noticed public hearing in accordance with the requirements of law including Proposition 218.
The sewer rates are charged per "Sewer Unit" ("SU") allocated to each parcel.
B. The number of Sewer Units for each parcel is determined by the City Manager, or designee, based on the "flow" (in gallons per day) for each user category (and corresponding unit of measure) identified on Exhibit "C," attached hereto and incorporated by reference. The information contained on Exhibit "C" is based on information provided to the City by the Los Angeles County Sanitation District ("LACSD"). Since the City's sewer collection system discharges to the LACSD sewer conveyance and treatment system, the City intends to establish the number of Sewer Units per parcel in a manner that is consistent with the analysis and approach taken by LACSD. Since a single family home user, with a flow of 260 gallons per day, is assigned one Sewer Unit, the number of Sewer Units assigned to each other user shall be based on that proportion of one Sewer Unit per a flow of 260 gallons per day. To the extent a particular user category is not identified on Exhibit "C," the City Manager shall determine the number of Sewer Units based on the estimated amount of flow from similar users identified on Exhibit "C" or information regarding the determination of flow by LACSD.
SECTION 4: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any CITY OF SAN MARINO RESOLUTION NO. R-25-21
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court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Council hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
PASSED, APPROVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of San Marino, California, on this 27 day of June, 2025. pete ronny
GRETCHEN SHEPHERD ROMEY
MAYOR
ATTEST:
Mison Walker
ALISON WALKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF SAN MARINO
I, Alison Walker, City Clerk of the City of San Marino, California, hereby certify that Resolution No R-25-21 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 27 day of June, 2025, and that the same was adopted by the following vote:
AYES: Council Member Chang, Council Member Chou, Council Member Lo, and Mayor Shepherd Romey
NOES: None
ABSTAIN: None
ABSENT: Vice Mayor Chou
Alisew Walker
ALISON WALKER
CITY CLERK
Exhibit A
Maximum Sewer Service Unit Charges FY 2026-2030
FY 2026 FY 2027 FY 2028 FY2029 FY 2030
Annual Charge per Sewer
Unit (SU)- Applicable to
Residential AND Non-
Residential Sewer Service $ 522.00 $ 537.66 $ 553.79 $ 570.40 $ 587.52 Exhibit B
SAN PASQUAL
City of San Marino
Zoning Map
CALIFORNIA - 1913
PASADENA
EAST PASADENA
Huntineton
Library and Art Gallery
Lacy Park
EAST SAN
GABRIEL
SAN GABRIEL
SOUTH
PASADENA CITY BOUNDARY ZONING
INCORPORATED CITY R-1 DISTRICT IE RM1 MULTI-FAMILY RESIDENTIAL UNINCORPORATED R-1 DISTRICT I RIH RELIGIOUS INSTITUTION HOUSING AREA R-1 DISTRICT I| C-1 COMMERCIAL
PARCELS R-1 DISTRICT III MU1 MIXED-USE 1
DESIGNATED AS R-1 DISTRICT IV MUZ MIXED-USE 2
HISTORICAL
R-1 DISTRICT V H&C HISTORICAL & CULTURAL
ALHAMBRA R-1 DISTRICT VI P&R PARKS & RECREATION
600฿ 1,200
R-1 DISTRICT VIl Updated December 2024 (City Council Ordinance 0-24-1415) Exhibit C
Appendix
Appendix A: LACSD User Categories, Unit of Measure and Flow FLOW
UNIT OF (Gallons
DESCRIPTION MEASURE per Day)
RESIDENTIAL
Single Family Home Dwelling Unit
Condominiums Dwelling Unit
Multi-Unit Residential Dwelling Unit 156
Mobile Home Parks No. of Spaces 156
COMMERCIAL
Hotel/Motel/Rooming House Room
Store 1000 ft
Supering Center 1000 f12
1000 ft
Regional Mal 1000 ft2
Office Building 1000 ft2
Medical, Dental, Veterinary 1000 ft2
Clinic or Building
Restaurant* 1000 f2
Indoor Theatre 1000 ft2
Car Wash
Tunnel - No Recycling 1000 ft?
Tunnel - Recycling 1000 ft7
Wand 1000 ft₴
Bank, Credit Union 1000 ft?
Service Shop, Vehicle 1000ft2
Maintenance & Repair Shop
Animal Kennels 1000 ft2
Gas Station 1000 ft2
Auto Sales 1000ft2
Wholesale Outlet 1000ft2
Nursery/Greenhouse 1000 ft2
Manufacturing 1000 ft
Light Manufacturing 1000 ft2
Lumber Yard 1000 ft₴
Warehousing 1000 ft2
Open Storage 1000 f2
Drive-in Theatre 1000 ft2
Night Club 1000 ft2
Bowling/Skating 1000 ft2
Club & Lodge Halls 1000 ft2
Auditorium, Amusement 1000 ft2
Golf Course and Park 1000 ft2
(Structures and
Improvements)
Campground, Marina, Sites, Slips, or 55
Recreational Vehicle Park Spaces
Convalescent Home Bed 125
Horse Stables Stalls 25
Laundromat i 1000 ft2 3,825
ortuary, Funeral Hom 1000 ft? 100
ealth Spa, Gymnasiur
1000 ft2 600
1000 ft 300
Average Daily 10
Attendance
Sports Stadium/Arena
INSTITUTIONAL
College/University Student 20
Private School 1000ft 200
Post Of Me Local 1000 ft2 100
1000 ft 100
Post Office (Regional) 1000 ft2 25
Church 1000 ft? 50
19 CITY OF SAN MARINO SEWER FINANCIAL PLAN AND RATE STUDY REPORT