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Ord 666 ORDINANCE NO. 666 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING SECTION 13.03.010 OF THE POWAY MUNICIPAL CODE, SCHEDULE OF SEWER SERVICE CHARGES, AND ESTABLISHING SEWER RATES WHEREAS, the City of Poway provides sewer service to citizens of Poway; and WHEREAS, the City has a sewer commodity charge based on water consumption and which takes into account both quantity and quality of a customer's sewage; and WHEREAS, a bimonthly service charge is established which recovers all costs associated with customer service and a portion of the fixed costs associated with maintaining the capacity of the City's sewer system; and WHEREAS, a seven-tier, single-family residential sewer commodity charge is established, which includes the bimonthly sewer service charge for single-family customers. Single-family residential customers are assigned a commodity charge tier each year based on 85 percent of their three-year average of lowest winter water use; and WHEREAS, a variable sewer commodity rate is established for multifamily and mobile home customers. The variable commodity charge is based on 85 percent of the water through the water meter if a separate landscape meter exists. If a separate landscape meter does not exist, the variable commodity charge is based on 75 percent of the water through the water meter; and WHEREAS, a variable sewer commodity rate is established for all non-residential customers based upon customer class and estimated sewage strength of the user. The variable commodity charge is based on 90 percent of the water through the meter for the five categories of commercial users. The variable commodity charge for the special industrial user class is based upon an assigned percentage of water through the meter; and WHEREAS, a variable sewer commodity rate is established for schools. The variable commodity charge is based on a per-student-per-day water use amount. The per-student- per-day use amount is derived from dividing the student count into the March/April water consumption for the previous year; and WHEREAS, a variable sewer commodity rate is established for churches. The variable commodity charge is based upon 75 percent of water through the meter; and WHEREAS, the City has pumping charges for established service areas; and Ordinance No. 666 Page 2 WHEREAS, the City has a delinquency fee and other noted fees; and, WHEREAS, all affected property owners and ratepayers of the proposed sewer fees received notice by mail of the public hearing in compliance with Article XIIID of the California State Constitution (Proposition 218), and have been informed of their right to file a written protest against the proposed fee increase; and WHEREAS, the number of written protests received by the City prior to the close of the public hearing is insufficient to constitute a majority protest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWA Y DOES ORDAIN AS FOLLOWS: Section 1. A schedule of bimonthly sewer service charges is hereby established for all sewer services billed beginning the first full billing cycle after January 1 as follows: Single-Family Residential Every sewer customer pays a bi-monthly service charge. All residential sewer customers pay the same charge. Charge Charge Charge Current Effective Effective Effective Charge 01/01/08 01/01/09 01/01/10 Bi-Monthly Service Charge $13.53 $14.67 $15.48 $16.35 (all residential meters) Commodity Rate: In addition to a bi-monthly service charge, every customer pays a commodity charge. The residential commodity rate is based on November through April (winter months) water usage to exclude any excess 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. We calculate 85% of that averaged amount to estimate sewer discharge. This figure is used to place the customer in one of seven sewer tiers for a one-year period. New customers in single-family residential, condominiums and town homes with separate master landscape meters are assigned to Tier 3 until they establish their own winter water use (one full billing cycle during the winter months of November through April). Charge Charge Chnrge Current Effective Effective Effective Tier - Water Use Charl{c 01101/08 01/01/09 01/01/10 Tier 1 (0-5 **HCF) $24.76 $25.76 $27.19 $28.71 Tier 2 (6-12 HCF) 43.41 45.44 47.98 50.65 Tier 3 (13-19 HCF) 65.17 68.42 72.23 76.25 Tier 4 (20-26 HCF) 71.38 74.97 79.15 83.56 Tier 5 (27-37 HCF) 83.82 88.11 93.01 98.19 Tier 6 (38-50 HCF) 96.25 101.23 106.87 112.82 Tier 7 (51+ HCF) 105.57 111.08 117.26 123.80 "Hundred Cubic Feet (HCF) Ordinance No. 666 Page 3 Com mercia 1/1 ndustria 1/1 nstitutional (Non-Residential) Every sewer customer pays a bi-monthly service charge, which is based on water meter size. Bi-monthly Service Charge Charge Charge Charge Current Effective Effective Effective Meter Size Charge 01/01/08 01/01/09 01/01/10 5/8-inch, 3/4 inch $21.58 $21.58 $21.58 $21.58 1-inch 29.30 29.30 29.30 29.30 1-1/2 inch 48.62 48.62 48.62 48.62 2-inch 71.81 71.81 71.81 71.81 3-inch 133.63 133.63 133.63 133.63 4-inch 203.18 203.18 203.18 203.18 6-inch 473.66 473.66 473.66 473.66 8-inch 628.22 628.22 628.22 628.22 Commodity Rate In addition to a bi-monthly service charge, every customer pays a commodity charge. Non- residential sewer commodity charges are based on percentage of actual water usage. The commodity charge is per unit of water, and based on the types of sewer discharged. Current Charge Charge Charge Charge Effective Effective Effective (per unit) 01/01/08 01/01/09 01/01/10 Multi-family and Mobile Home $3.11 $3.36 $3.62 $3.91 Estimated sewer flow based on 85% of customer's bi-monthly water usage (75% if a separate landscape meter does not exist) Non-residential customers Estimated sewer flow based on 90% of customer's bi-monthly water use Type of Discharge General Commercial $3.11 $3.36 $3.62 $3.91 Medium-Low 3.53 3.82 4.13 4.47 Medium 4.08 4.43 4.80 5.21 Medium-High 5.17 5.63 6.12 6.66 High 6.08 6.64 7.24 7.90 Lig ht I nd ustry 3.25 3.51 3.79 4.10 Institutional Churches $3.11 $3.36 $3.62 $3.91 Sewer flow based on 75% of customer's bi-monthly water usage Schools $3.11 $3.36 $3.62 $3.91 Sewer flow based on calculated flow per student per day Ordinance No. 666 Page 4 Section 2. That the setting of such charges and rates is categorically exempt from the requirements of CEQA, pursuant to Sections 1 080(b)(4) and (b)(8)(1) & (2) and Section 21060.3 of the Public Resources Code, and Title 14 of the California Code of Regulations, Section 15269(c) and 15273(a)(1) & (2) and 15307. EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names of members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a Regular Meeting of the City Council of the City of Poway held on the 13th day of November 2007 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 27th day of November 2007, by the following roll call vote: - A:;'~Uz~~ L. Diane Shea, City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Ordinance No. 666 was duly adopted by the City Council at a meeting of said City Council on the 27th day of November 2007, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE X ~$M-~ L. Diane Shea, City Clerk City of Poway