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Ord 709ORDINANCE NO. 709 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA REPLACING SECTIONS 13.03.010 AND 13.11.120 OF THE POWAY MUNICIPAL CODE, SCHEDULE OF SEWER SERVICE CHARGES AND SCHEDULE OF WATER SERVICE CHARGES, AND ESTABLISHING SEWER AND WATER RATES WHEREAS, the City of Poway provides sewer and water service to citizens of Poway; and WHEREAS, a fixed bimonthly sewer 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, the City collects sewer commodity charges based on water consumption, which also take into account both quantity and strength of a customer's sewage; and WHEREAS, the variable sewer commodity charge adopted herein shall be imposed on the basis of established percentages of the amount of water through the water meter; and WHEREAS, the City has a fixed bimonthly water service charge based upon the hydraulic capacity of the meter size; and WHEREAS, the fixed bimonthly water service charge adopted herein shall be imposed as a condition of service by the City to the customer. Any customer may avoid payment of the fee or charge by disconnecting from the facilities of the City; and WHEREAS, the City also has a water commodity charge, which is imposed on the basis of the amount of water used or consumed by the customer; and WHEREAS, the City has pumping charges for established Service Areas; and WHEREAS, the City has a Raw Water Rate and other charges; and WHEREAS, the City has a delinquency fee and other noted fees related to water and sewer service, as established from time to time by City Council resolution; and WHEREAS, the City Council of the City of Poway held a duly noticed public hearing on October 5, 2010, pursuant to the provisions of Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act and a subsequent public hearing on November 9, 2010; and WHEREAS, the City Council received a final tabulation of all written protests received by the City Clerk at the October 5, 2010 Proposition 218 hearing; and WHEREAS, the City Council heard and considered all written and oral protests to the proposed changes to the rates at the public hearings. Ordinance No. 709 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1 . That Section 13.03.010 of Chapter 13.03 of the Poway Municipal Code is hereby deleted in its entirety and replaced with the following: 13.03.010 Schedule of sewer service charges. 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: A. Single - Family Residential. Every sewer customer pays a bimonthly service charge. All residential sewer customers pay the same charge. Commodity Rate. In addition to a bimonthly 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. Eighty -five percent of that averaged amount is estimated as 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 townhomes 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). Tier — Water Use Current Char a Charge Effective 01/01/11 Bimonthly service charge all residential meters $16.35 $1635 Commodity Rate. In addition to a bimonthly 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. Eighty -five percent of that averaged amount is estimated as 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 townhomes 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). Tier — Water Use Current Charge Charge Effective 01/01/11 Tier 1 0 — 5 units* $28.71 $24.98 Tier 2 6 — 12 units $50.65 $44.07 Tier 3 13 — 19 units $76.25 $66.34 Tier 4 20 — 26 units $83.56 $72.70 Tier 5 27 — 37 units $98.19 $85.43 Tier 6 38 — 50 units $112.82 $98.15 Tier 7 51+ units $123.80 $107.71 *one unit = 100 cubic feet (HCF), which is approximately 748 gallons Ordinance No. 709 Page 3 B. Commercial /Industrial /Institutional (Nonresidential). 1. Every nonresidential sewer customer pays a bimonthly service charge, which is based on water meter size. Bimonthly Service Charge Meter Size Current Charge Charge Effective 01101/11 5/8 -inch and 3/4 -inch $21.58 $21.58 1 -inch $29.30 $29.30 1 -1/2 -inch $48.62 $48.62 2 -inch $71.81 $71.81 3 -inch $133.63 $133.63 4 -inch $203.18 $203.18 6 -inch $473.66 $473.66 8 -inch $628.22 $628.22 Commodity Rate. In addition to a bimonthly service charge, every customer pays a commodity charge. Nonresidential 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 Effective Commodity Rate Charge 01/01/11 Multifamily and Mobile Home. Estimated sewer flow based on 85 percent of $3.91 $3.40 customer's bimonthly water usage (75 percent if a separate landscape meter does not exist). Nonresidential Customers. Estimated sewer flow based on 90 percent of customer's bimonthly water use. Type of Discharge General Commercial $3.91 $3.40 Medium -Low $4.47 $3.89 Medium $5.21 $4.53 Medium-High $6.66 $5.79 High $7.90 $6.88 Light Industry $4.10 $3.57 Institutional Churches. Sewer flow based on 75 percent of $3.91 $3.40 customer's bimonthly water usage. Schools. Sewer flow based on calculated flow per $3.91 $3.40 student per day using March/April water consumption. Ordinance No. 709 Page 4 Section 2 . That Section 13.11.120 of Chapter 13.11 of the Poway Municipal Code is hereby deleted in its entirety and replaced with the following: 13.11.120 Water rates. The water rate schedule is hereby established as follows for all water billed beginning the first full billing cycle after January 1, as follows: A. Water Capacity. Every water customer pays a bimonthly water service charge regardless of customer class. The fee is based upon meter size. Most residential water customers pay the 5/8 -inch, 3/4 -inch charge. Fixed Meter Charges Meter Size Current Charge Charge Effective 01/01/11 5/8 -inch and 3/4 -inch $26.00 $28.00 1 -inch $50.22 $46.67 1 -1/2 -inch $90.66 $93.33 2 -inch $139.12 $149.33 3 -inch $267.91 $280.00 4 -inch $404.561 $466.67 6 -inch $977.03 $933.33 8 -inch $1,300.52 $1,493.33 B. Water Commodity. In addition to a water capacity fee, every customer pays for each unit of water registered through his or her meter (commodity). Each unit is approximately 748 g allons. Water Rates Customer Type Current 5 -Block Rate Structure: Blocks Bimonthly Consumption Rate per Unit Single - family residential Block 1 0 -15 units $3.04 Block 2 16 -40 units $3.42 Block 3 41 -80 units $3.80 Block 4 81 -135 units $3.96 Block 5 136+ units $4.62 Two -Block Rate Structure Effective 01/01111: Block 1 1 -199 units $3.83 Block 2 200+ units $5.46 Current Rate per Unit Rate per Unit Effective 01/01/11 Multi-family $3.80 $3.90 Landscape irrigation $3.80 $3.90 Nonresidential (including commercial /industrial) $3.80 $3.90 C. Special Water Rates. Ordinance No. 709 Page 5 1. Raw Water. The basic raw water rate will be the raw water cost from the San Diego County Water Authority (CWA), associated fixed charges, and a City surcharge as established by separate agreement. 2. Reclaimed Water. At this time, reclaimed water is only available in the City's business park. The reclaimed water rate is 90 percent of the nonresidential water commodity rate per unit then in effect. 3. Agricultural Rebate. Metropolitan Water District (MWD) and CWA offer interruptible water to agricultural customers at discounted rates through special programs. The City passes through the discounted rate to retail customers who meet program requirements, subject to MWD and CWA program terms and conditions. Agricultural rebate $0.3237 (qualified users) I as set by MWD /CWA D. Pumping Charges. Some water customers are in areas that require water pumping. Customers within one of these areas are required to pay a per -unit pumping charge to offset actual electricity costs. This charge may be adjusted no more than once bimonthly. Pumping Area Current Charge Improvement District No. 1 $0.53 Improvement District No. 4 $0.08 Orchard A -73, Silver Saddle $0.20 Camelback $0.18 Woodcliff $0.28 Community Pump Station $0.17 Welton $0.32 Reclaimed $0.23 Old Coach Way $0.14 E. Wholesale Rate Increases. Future increases to wholesale water rates imposed upon the City from years 2011 -2015 will be passed through to water customers, as authorized by Assembly Bill 3030 (Government code Section 53736). (Ord. 697 § 2, 2009) Ordinance No. 709 Page 6 Section 3. 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. 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 held on the 9th day of November 2010, and thereafter PASSED AN PTED at a regular meeting of said City Council held on the 16th day of November 201 , by he following roll call vote. Kruse, 0 royan, MMC W, STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 709 was duly adopted by the City Council at a meeting of Said City Council held on the 16th day of November 2010, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, MULLIN, KRUSE NOES: NONE ABSENT: HIGGINSON DISQUALIFIED: NONE A , L a A. Troyan, MMC Clerk City of Poway