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Ord 746ORDINANCE NO. 746 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA REPLACING SECTION 13.11.120 OF THE POWAY MUNICIPAL CODE, SCHEDULE OF WATER SERVICE CHARGES, AND ESTABLISHING WATER RATES WHEREAS, the City of Poway provides water service to citizens of Poway; 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 a Raw Water Rate and other charges; and WHEREAS, the City has a delinquency fee and other noted fees related to water 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 16, 2012, pursuant to the provisions of Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act; and WHEREAS, the City Council received a final tabulation of all written protests received by the City Clerk at the October 16, 2012 Proposition 218 hearing; and WHEREAS, the City Council heard and considered all written and oral protests to the proposed rates at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1. 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 with the first full billing cycle after January 1, 2013, as follows: Ordinance No. 746 Page 2 A. Water Capacity. Every water customer pays a fixed bimonthly water service charge regardless of customer class. The fee is based upon meter size. Fixed Meter Charges Meter Size Current Charge Charge Effective 01/01/13 5/8 -inch and 3/4 -inch $28.00 $28.98 1 -inch $46.67 $48.30 1-1/2-inch $93.33 $96.60 2 -inch $149.33 $154.56 3 -inch $280.00 $289.80 4 -inch $466.67 $483.00 6 -inch $933.33 $966.00 8 -inch $1,493.33 $1,545.59 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 gallons. Water Rates Current Rate per Unit Customer Type Rate per Effective Unit 01/01/13 Single- family residential; Block 1: 1 -199 units $3.83 $3.96 Two -block Rate Structure Block 2: 200+ units $5.46 $5.65 Multi-family; Uniform Rate Structure $3.90 $4.04 Landscape irrigation; Uniform Rate Structure $3.90 $4.04 Nonresidential (including commercial /industrial); $3.90 $4.04 Uniform Rate Structure C. Special Water Rates. 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 Credit. CWA may offer interruptible water to agricultural customers at discounted rates through special programs. The City may pass through the discounted rate to retail customers who meet program requirements and choose to participate in the program, subject to CWA program availability, terms, and conditions. (Ord. 697 § 2, 2009) Ordinance No. 746 Page 3 Section 2. 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 of the City of Poway held on the 16th day of October, 2012, and thereafter PASSED AND ADOPTED at a regular adjourned meeting of said City Council held on the 13th day of November 2012. ATTEST: ��7 a .Troyan, MMC City Clerk 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. 746 was duly adopted by the City Council at a regular adjourned meeting of said City Council held on the 13th day of November 2012, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSTAIN: NONE DISQUALIFIED: NONE L' a . Troyan, MMC Cit Jerk City of Poway