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Res 20-009RESOLUTION NO. 20-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING SEWER SERVICE CHARGES AND RATES PER SECTION 13.03.010 OF THE POWAY MUNICIPAL CODE WHEREAS, the City of Poway provides sewer services to residents of Poway; WHEREAS, the California Constitution Article XIII D §6(a)(2) requires local governments hold a majority -protest public hearing and notify rate payers not less than 45 days in advance of the public hearing before increasing sewer rates and charges; WHEREAS, the City is proposing sewer rate structure modifications and two-year sewer rates and charges, effective March 3, 2020 and January 1, 2021; WHEREAS, the City Council of the City of Poway held a duly noticed public hearing on March 3, 2020, pursuant to the provisions of Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act; WHEREAS, the City Council received a final tabulation of all written protests received by the City Clerk at the March 3, 2020 Proposition 218 hearing; and WHEREAS, the City Council considered all written protests and heard oral arguments to the proposed rate structure changes and rates and charges at the public hearing. follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds that no majority protest for the sewer rates and charges were received. SECTION 3: The City Council hereby establishes and approves the sewer rate structure modifications, as set forth in the Water and Wastewater Cost of Service Study Report (Attachment E of the staff report), and two-year rates and charges for sewer, effective March 3, 2020 and January 1, 2021, as set forth in the Notice of Public Hearing (Attachment D of the staff report), for all wastewater generated on or after March 3, 2020. Any sewer rates or fees associated with sewer service not addressed within the Notice of Public Hearing shall remain in full force and effect as previously adopted. SECTION 4: Residential wastewater generation calculations take place once per year and will be based on the water use for the property. The residential wastewater generation amount is determined based on November through April water usage (winter water use) to help exclude water used on landscaping in the warmer months. The lowest water consumption during this period is selected for each of the three most recent years, and then averaged. Eighty-five percent of that averaged amount is estimated as wastewater generation. For newly constructed single- family residential properties with no winter water use history, the customer will be billed for 15 units of wastewater generation (the average residential generation calculated in the December 12, 2019 Water and Wastewater Cost of Service Study Report) until winter water use is Resolution No. 20-009 Page 2 established with one full billing cycle during the winter months of November through April. After one year of winter water use is established, the customer will be billed based on the methodology above for existing residential properties. If any rate increases are proposed within 90 days of any residential wastewater generation calculations, the residential wastewater generation calculations will not occur until the new rates have been adopted. Section 5: That the setting of such charges and rates is statutorily and categorically exempt from the requirements of CEQA, pursuant to Section 21080(b)(8) of the Public Resources Code, and Title 14 of the California Code of Regulations, Sections 15273(a) and 15307. Section 6: This Resolution shall take effect immediately. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 3rd day of March, 2020 by the following vote, to wit: AYES: MULLIN, LEONARD, GROSCH, FRANK NOES: NONE ABSENT: VAUS DISQUALIFIED: NONE ATTEST: Faviola Me • ina, -T.- , City Clerk COL( PAV Caylin rank, Deputy Mayor