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