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08/26/2008 CC Rpt A22 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY RECEIVED Meeting Date August 12, 2008 2008 AUG —7 Ate 16 -' .✓Y Public Hearing ❑ P 1"1,"r - l urr O`C'M FULLS Discussion Item 0 Crlijio l;1lLSLER#( Consent Item ❑ August 5, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: AN URGENCY ORDINANCE PROVIDING FOR SEPARATE UTILITY SERVICE TO PUBLIC AGENCY PARKING STRUCTURES BY ADDING SECTION 10.34 TO CHAPTER 10, OF THE CHINO HILLS MUNICIPAL CODE; and AN ORDINANCE PROVIDING FOR SEPARATE UTILITY SERVICE TO PUBLIC AGENCY PARKING STRUCTURES BY ADDING SECTION 10.34 TO CHAPTER 10, OF THE CHINO HILLS MUNICIPAL CODE 401, RECOMMENDATION: Adopt an Ordinance entitled: AN URGENCY ORDINANCE PROVIDING FOR SEPARATE UTILITY SERVICE TO PUBLIC AGENCY PARKING STRUCTURES BY ADDING SECTION 10.34 TO CHAPTER 10, OF THE CHINO HILLS MUNICIPAL CODE Introduce an Ordinance entitled: AN ORDINANCE PROVIDING FOR SEPARATE UTILITY SERVICE TO PUBLIC AGENCY PARKING STRUCTURES BY ADDING SECTION 10.34 TO CHAPTER 10, OF THE CHINO HILLS MUNICIPAL CODE BACKGROUND/ANALYSIS: Staff has been working with Southern California Edison ("SCE") in an attempt to resolve an issue that has arisen regarding providing separate meters and utility service to the new civic center (located adjacent to Boys Republic Drive and east of Peyton Drive) and the City parking structure (located behind and adjacent to the United States Postal Service Annex on Peyton Drive) that are both under construction. SCE had originally prepared and approved design and construction plans that provided for separate meters and utility 4„ service to the civic center and the parking structure. Subsequently, SCE determined that the civic center and parking structure constitute a "single enterprise"that does not allow for separate meters under SCE's internal rules (that are premised on Public Utility Commission regulations) unless the City adopts an ordinance providing for separate metering and service of parking structures owned by public agencies. /I22- pookie AGENDA DATE: August 12, 2008 Page 2 0 SUBJECT: AN URGENCY ORDINANCE PROVIDING FOR SEPARATE UTILITY SERVICE TO PUBLIC AGENCY PARKING STRUCTURES BY ADDING SECTION 10.34 TO CHAPTER 10, OF THE CHINO HILLS MUNICIPAL CODE Staff does not agree with SCE's determination that the civic center and parking structure are a "single enterprise" since the structure is intended to serve the numerous public and private uses that surround the structure, for example, The Shoppes retail and commercial uses, the Police/Sheriffs sub-station, the Fire District administration building, the Catholic Church, etc. Nonetheless, given SCE's position and the need to complete the construction of the parking structure and avoid potentially significant additional costs, staff is recommending that the Council adopt the attached Ordinance on an urgency basis, and introduce it at this meeting as a regular Ordinance, and adopt it at the August 26 Council Meeting. Staff believes that public parking lots or structures that are owned by a public agency and are at least partially available for use by the public generally, and are adjacent to or near public and private land uses, should be separately metered and served for purposes of the provision of utility services. This separate metering will allow for a public agency to separately account for the costs of the operation of the parking lot for purposes of assessing on a cost/benefit analysis the use of the parking lot or structure. It will also provide the public agency the ability to determine, in the event the public agency desires to doinstall parking meters on the parking spaces or otherwise impose a parking fee for use of spaces in the parking lot, the amount that should be charged to users of the parking lot. Also, in the event that the public agency desires to assess the costs of the operation of the lot on other property owners in the City, which assessment can be subject to state laws that require specific financial data as part of levying an assessment (for example Proposition 218 Article XIIIC and D of the California Constitution), separate metering and service will facilitate the receipt of financial information necessary for this purpose. REVIEW BY OTHERS: This item has been reviewed by the City Attorney. FISCAL IMPACT: It is anticipated that, if the City is required to redesign the civic center and parking structure to provide for one meter for the two separate structures, the City may incur additional costs in excess of$250,000. Re •ectfully submitted, Recommended by: • 412-(2.012 p SD, • Dougl.' La Belle, City Manager RaymOrt. Holland, Interim City Engineer Attachments: Urgency Ordinance and Regular Ordinance