Ord 667
ORDINANCE NO. 667
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, ADDING CHAPTER
13.25 TO THE POWAY MUNICIPAL CODE, ESTABLISHING STORMWATER
PROGRAM CHARGES
WHEREAS, the City of Poway provides stormwater management services to
the citizens of Poway; and
WHEREAS, the purpose of this Ordinance is to create a schedule of
stormwater program fees effective January 1, 2008 through December 31, 2010 with
a designated fund for the purpose of funding the stormwater management activities
and programs in the City; and
WHEREAS, the Federal Clean Water Act (the Act) and State law impose
significant and unfunded stormwater management duties upon the City, via the San
Diego Regional Water Quality Board's National Pollutant Discharge Elimination
System compliance program; and
WHEREAS, the City's General Fund has been funding a significant portion of
the costs of the stormwater program, resulting in the sacrifice of other City services;
and
WHEREAS, the current stormwater program is intended to clean up solid
waste and pollution deposited throughout the City as a result of development activity
of property within the City that is not collected through the franchise granted by the
City for removal of solid waste; and
WHEREAS, the City is authorized by Chapter 8.68 of the Poway Municipal
Code to charge those who contribute to the pollution that would otherwise enter the
waters of the State through the storm drains or directly into those waters without the
stormwater program; and
WHEREAS, the Act imposes significant penalties upon jurisdictions that fail to
comply with its provisions; and
WHEREAS, the City Council hereby finds that the fees established hereunder
are necessary and appropriate and apportions costs based on the amount of
pOllution generated by each class of rate payers from activities that generate solid
waste and pollution, as shown by the evidence presented at the public hearing held
by the City Council; and
WHEREAS, the City Council hereby finds that a stormwater program fee is
necessary to recover a portion of the City's direct cost of implementing State and
Federal stormwater requirements and, in the absence of State and Federal
assistance for this unfunded mandate, is critical to the City's ability to comply with
these mandates and avoid sanctions; and
Ordinance No. 667
Page 2
WHEREAS, all affected property owners and ratepayers of the proposed
storm water program fee 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 POWAY DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 13.25 is added to the Poway Municipal Code as follows:
13.25.010 Stormwater Program Charges
A schedule of stormwater program charges is hereby established, to be
applied to all residential and commercial solid waste accounts as follows:
Residential Single/Family (bi-monthly)
Cost Per Cart
Effective Effective Effective
Bin Size 01/01/08 01/01/09 01/01/10
95 gallon trash cart $6.74 $7.01 $7.29
35 gallon trash cart $2.48 $2.58 $2.68
Yardstop A 95 gallon $6.74 $7.01 $7.29
Yardstop B 35 gallon $2.48 $2.58 $2.68
Ordinance No. 667
Page 3
Residential/Multi-Family (monthly)
Cost per Cart
Bin Size Effective Effective Effective
01/01/08 01/01/09 01/01/10
95 Qallon trash cart $ 3.37 $ 3.50 $ 3.64
35 gallon trash cart $ 1.24 $ 1.29 $ 1.34
Bin Size Service Effective Effective Effective
Frequency 01/01/08 01/01/09 01/01/10
1 x week $ 14.34 $ 14.91 $ 15.51
2 x week $ 28.68 $ 29.83 $ 31.02
2 cubic yards 3 x week $ 43.02 $ 44.74 $ 46.53
4 x week $ 57.37 $ 59.66 $ 62.05
5 x week $ 71.71 $ 74.58 $ 77.56
6 x week $ 86.05 $ 89.49 $ 93.07
1 x week $ 21.51 $ 22.37 $ 23.26
2 x week $ 43.02 $ 44.74 $ 46.53
3 cubic yards 3 x week $ 64.54 $ 67.12 $ 69.80
4 x week $ 86.05 $ 89.49 $ 93.07
5 x week $ 107.56 $ 111.86 $ 116.32
6 x week $ 129.07 $ 134.23 $ 139.60
1 x week $ 28.68 $ 29.83 $ 31.02
2 x week $ 57.37 $ 59.66 $ 62.05
4 cubic yards 3 x week $ 86.05 $ 89.49 $ 93.07
4 x week $ 114.73 $ 119.32 $ 124.09
5 x week $ 143.42 $ 149.16 $ 155.13
6 x week $ 172.10 $ 178.98 $ 186.14
1 x week $ 35.85 $ 37.28 $ 38.77
2 x week $ 71.71 $ 74.58 $ 77.56
5 cubic yards 3 x week $ 107.56 $ 111.86 $ 116.33
4 x week $ 143.42 $ 149.16 $ 155.13
5 x week $ 179.27 $ 1 86.44 $ 193.90
6 x week $ 215.12 $ 223.72 $ 232.67
Ordinance No. 667
Page 4
Commercial (non-residential) Rate Information
Monthly Rate
Bin Size Service Frequency Effective 01/01/08 Effective 01/01/09 Effective 01/01/10
2 CY Bin 1 X Week
3 CY Bin 1 X Week
2 CY Bin 2X Week $27.64 $28.75 $29.90
4 CY Bin 1X Week
5 CY Bin 1 X Week
2 CY Bin 3X Week
3 CY Bin 2X Week
6 CY Bin 1X Week $59.62 $62.00 $64.48
2 CY Bin 4X Week
4 CY Bin 2X Week
3 CY Bin 3X Week
2 CY Bin 5X Week
5 CY Bin 2X Week
2 CY Bin 6X Week $95.33 $99.14 $103.11
3 CY Bin 4XWeek
4 CY Bin 3X Week
6 CY Bin 2X Week
3CY Bin 5X Week
5 CY Bin 3X Week
4 CY Bin 4X Week
3 CY Bin 6X Week $155.90 $162.14 $168.63
6 CY Bin 3X Week
4 CY Bin 5X Week
5 CY Bin 4X Week
4 CY Bin 6X Week
6 CY Bin 4X Week
5 CY Bin 5X Week $239.84 $249.43 $259.41
5 CY Bin 6X Week
6 CY Bin 5X Week
6 CY Bin 6X Week
Ordinance No. 667
Page 5
Section 2: That the setting of such charges and rates is categorically
exempt from the requirements of CEQA, pursuant to Sections 1080(b)(4) and
(b)(8)(1) & (2) and Section 21060.3 of the Public Resources Code, and Title 15 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 Po way 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 this 13th day of November 2007 and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 27th day of November
2007, by the following roll call vote.
ATTEST:
~~~
L. Di ne 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. 667 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 ~ ~fMu-0A~
L. Diane Shea, City Clerk
City of Poway