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Res 21-088RESOLUTION NO. 21-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING WATER SERVICE CHARGES AND RATES PER SECTION 13.11.120 OF THE POWAY MUNICIPAL CODE WHEREAS, the City of Poway provides water 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 water rates and charges; WHEREAS, the city proposing is four-year water and recycled water rates and charges, effective January 1, 2022, January 1, 2023, January 1, 2024, and January 1, 2025; WHEREAS, the City Council of the City of Poway held a duly noticed public hearing on November 2, 2021, 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 November 2, 2021 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 recitations are true and correct; SECTION 2: The City Council hereby finds that no majority protest for the water and recycled rates and charges were received; SECTION 3: The City Council hereby establishes and approves the four-year rates and charges for water and recycled water, effective January 1, 2022, January 1, 2023, January 1, 2024, and January 1, 2025, as set forth in the Notice of Public Hearing (Attachment C to the staff report), for all water used on or after January 1, 2022. Any water rates or fees associated with water service, including raw water, not addressed within the Notice of Public Hearing shall remain in full force and effect as previously adopted; SECTION 4: 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 5: This Resolution shall take effect immediately. // // Resolution No. 21-088 Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California at a regular meeting this 2nd day of November, 2021 by the following vote, to wit: AYES: MULLIN, FRANK, GROSCH, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, C