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HomeMy WebLinkAboutItem 2g: Resolution 67694 - Franchise to Golden State Water Company for Water Distribution oFARc9'r vi! 7 • Fil Ok 1::::r 7N13 190! 4'°°'`Y°`/�� STAFF REPORT Public Works Services Department DATE: September 6, 2011 TO: Mayor and City Council FROM: Tom Tait, Public Works Services Director E) Prepared by: Maria A. Taylor, Senior Management Analyst SUBJECT: RESOLUTION 6794 DECLARING THE CITY'S INTENTION TO GRANT A FRANCHISE TO THE GOLDEN STATE WATER COMPANY TO USE OR TO LAY AND USE PIPES, CONDUITS AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF ARCADIA AND SETTING A PUBLIC HEARING FOR OCTOBER 4, 2011 Recommendation: Adopt SUMMARY It is recommended that the City Council adopt Resolution No. 6794 declaring the City's intention to grant the Golden State Water Company (GSWC) a franchise to use or to lay and use pipes, conduits, and appurtenances for transmitting and distributing water for any and all purposes, in, along, across, upon and under public streets, ways, alleys and places within the areas served by GSWC within the City of Arcadia. A map of the areas in Arcadia served by GSWC is attached. Staff is also recommending that the City Council set the date of October 4, 2011 as a date for the public hearing and introduction of an ordinance granting a franchise to the Golden State Water Company. This is required by City Charter Section 1303 and the state of CA Public Utilities Code Section 6231. DISCUSSION On November 22, 2011, the franchise Agreement with the Golden State Water Company or GSWC (formerly known as the Southern California Water Company) expires after a ten-year term approved by the City Council in 2001. GSWC would like to renew the franchise Agreement and has requested a 20-year term (see attached letter and application for franchise). However, it is staff's opinion that 20 years is a long time for an Agreement and that a ten (10) year Agreement is more prudent and appropriate. Also, the previous agreement was for ten (10) years and this seems like a reasonable time frame for a franchise agreement. The Golden State Water Company has 237 Page 1 of 2 Mayor and City Council September 6, 2011 active service connections in the southeastern and eastern portion of Arcadia and is currently paying a franchise fee to the City of Arcadia. The franchise Agreement requires GSWC to pay the City the sum equivalent to 2% of the gross annual receipts from GSWC that arise from the use, operation or possession of the franchisee in the City of Arcadia. The franchise Agreement has been in effect since 1961. The consequence of not granting the franchise Agreement with GSWC would be for the City Council to initiate a formal condemnation process and pay for the infrastructure that GSWC already has in place. Considering the small number of services and averaging approximately $2,450 in franchise fees to the City during the past two (2) years, the legal costs of the condemnation process and payment for the existing infrastructure, staff does not consider this as a fiscally prudent option. FISCAL IMPACT According to the Administrative Services Department, the City of Arcadia received approximately $2,220 in revenues from the Golden State Water Company in 2010. The California Public Utilities Code Section 6231(c) adopted a franchise fee of up to 2%, but not less than 1%, of a utility's gross annual revenue to be paid to municipalities where those utilities use or lay pipes, conduits and appurtenances in the public right-of-way. RECOMMENDATION 1. Adopt Resolution No. 6794 declaring the City's intention to grant to the Golden State Water Company a franchise to use or to lay and use pipes, conduits and appurtenances for transmitting and distributing water for any and all purposes in, along, across, upon and under the public streets, ways, alleys and places within the City of Arcadia (per Article XIII of the Arcadia City Chapter) 2. Set the date of October 4, 2011 for a public hearing to receive any comments or objections to the City's intention to grant a franchise Agreement to the Golden State Water Company and for the introduction of an ordinance granting such franchise. 3. Determine whether the length of the franchise Agreement will be 20 years as requested by the applicant, Golden State Water Company, or ten (10) years as suggested by staff. Approved by: D9Apcn .�• Donald Penman, City Manager TT:MT Attachments Page 2 of 2 RESOLUTION NO. 6794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO GRANT TO GOLDEN STATE WATER COMPANY A FRANCHISE TO USE OR LAY AND USE PIPES, CONDUITS AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF ARCADIA (PER ARTICLE XIII OF THE ARCADIA CITY CHARTER) WHEREAS, Golden State water Company, a California corporation (formerly known as Southern California Water Company), has filed with the City Council of the City of Arcadia an application requesting that a franchise be granted to it of the character and for the purpose mentioned in the form of notice hereinafter set forth; and WHEREAS, City Charter Section 1303 requires a hearing to consider the proposed franchise. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That said City Council intends to grant said franchise, that hearing of objections to the granting thereof will be held at the time and place specified in the form of notice hereinafter set forth, which the City Clerk of said City is hereby directed to publish at least once in a newspaper of general circulation in said City, within fifteen (15) days after the passage of this Resolution, and that said notice be substantially in the following words and figures: "NOTICE OF INTENTION TO GRANT FRANCHISE" "NOTICE IS HEREBY GIVEN that Golden State Water Company, a California corporation, has filed its application with the City Council of the City of Arcadia requesting that said City Council grant to it a franchise from November 23, 2011 to November 22, 2021 pursuant to Article XIII of the Arcadia City Charter, to use or to lay 1 and use pipes, ditches, flumes, conduits and appurtenances for purposed in, along, across, upon, and under the public streets, ways, alleys and places as the now exist or may here-after exist within the City of Arcadia. If said franchise shall be granted to it, Golden State Water Company, its successors and assigns, hereinafter designated 'Grantee,' for each full or fractional calendar year during the life of said franchise will pay to said City, in lawful money of the United States, a sum equivalent to two percent (2%) of the gross annual receipts of said Grantee arising from the use, operation, or possession of said franchise; provide, however, that such payment shall in no event be less than a sum equivalent to one percent (1%) of the gross annual receipts derived by Grantee from the sale of water within the limits of said City. Such percentage shall be paid annually from the date of the granting of the franchise applied for, and in the event such payment shall not be made said franchise shall be forfeited. The City Council of the City of Arcadia, California, proposes to grant said franchise from November 23, 2011 to November 22, 2021 or until the consent of the Public Utilities Commission of the State of California it is voluntarily surrendered or abandoned by the Grantee, or until the State of some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under power of eminent domain all property actually used and useful in the exercise of such franchise and situate within the territorial limits of the State, municipal, or public corporation purchasing or condemning such property, or until such franchise is forfeited for noncompliance with its terns by the Grantee. Any and all persons having objections to the granting of said franchise may appear before said City Council at Arcadia, California, beginning at seven o'clock p.m. on the 4th day of October 2011, and be heard thereon; and at any time not later than the hour set for hearing objections, any person interested may make written protest stating objections against the granting of said franchise, which protest must be signed by the protestant and be delivered to the City Clerk of said City. The City Council at the time set for hearing said objections shall proceed to hear and pass upon all protests so made. For further particulars referenced is hereby made to said application which is on file in the office of said City Clerk, and also to the resolution adopted by said City Council on the 6th day of September, 2011, declaring its intention to grant said franchise. Dated this 6th day of September, 2011 By order of the City Council of the City of Arcadia, California." SECTION 2. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: k,d.A, Stephen P. Deitsch City Attorney 3 • Golden State • • • WATER COMPANY • • • • • • • • A Subsidiary of American States Water Company July 25, 2011 City of Arcadia and its City Council 11800 Goldring Rd. P.O.Box 60021. Arcadia, California,91066 Re: Golden State Water Company Franchise Application Ladies and Gentlemen: Golden State Water Company, a California corporation (Formerly known as Southern California Water Company), as Applicant, hereby applies for a franchise (the "Franchise") pursuant to Article XIII of the Arcadia City Charter: (1) Name and Address of Applicant. Applicant's name and address is: Golden State Water Company 630 East Foothill Blvd. San Dimas,California,91773-9016 (2) Purpose. The purpose of the Franchise is to use or lay and use pipes, ditches, flumes,conduits and appurtenances for transmitting and distributing water for any and all purposes in, along, across, upon and under public streets, ways, alleys and places as they now exist or may hereafter exist within the City of Arcadia. (3) Term. The term of the Franchise shall be from November 23, 2011 to and including November 22, 2031. The Franchise shall terminate prior to the end of the term if: (i) Applicant voluntarily surrenders or abandons the Franchise with the consent of the California Public Utilities Commission, (ii) the State, municipal or public corporation duly authorized by law purchases by voluntary agreement or condemns and takes under the power of eminent domain all property actually used and useful in the exercise of the Franchise and located within its territorial limits,or(iii)the Franchise is forfeited for noncompliance with its terms by Applicant. (4) Franchise Fee. If the Franchise is granted to Applicant, Applicant will pay to the City of Arcadia for each full or fractional calendar year during the life thereof, in lawful money of the United States, a sum equivalent to two percent (2%) of the gross annual receipts of Applicant arising from the use, operation or possession of the Franchise; provided, however, that such payment shall in no event be less than a sum equivalent to one percent (1%) of the gross annual receipts derived by Applicant from the sale of water within the limits of the City of Arcadia. Si erel , AKA Ate_ enJa . Lewis,.1. ' District . anager 401 S.San Dimas Canyon Road,San Dimas,CA 91773 Tel:(909)592-4271 Fax:(909)592-6690 CITY OF ARCADIA . \ELKINS AV • If 0' „..,4 ANITA '\,„1,1 :0 Z . • 1Y\ C.)'4" fr ,& GOLDEN STATE WATER ''''r'IARANY