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Ord 755 ORDINANCE NO. 755 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA REPLACING 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 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 delinquency fee and other noted fees related to 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 15, 2013, 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 15, 2013 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. 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, 2014 as follows: A. Single-Family Residential. 1. Every sewer customer pays a bimonthly service charge. All residential sewer customers pay the same charge. Ordinance No. 755 Page 2 Current Charge Effective Charge 01/01/14 Bimonthly service charge (all residential meters) $16.35 $16.68 2. 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). Current Charge Tier-Water Use Charge Effective 01/01/14 Tier 1 (0 - 5 units*) $23.23 $23.69 Tier 2 (6 - 12 units) $40.98 $41.80 Tier 3 (13 - 19 units) $61.69 $62.92 Tier 4 (20 - 26 units) $67.61 $68.96 Tier 5 (27 - 37 units) $79.45 $81.04 Tier 6 (38 - 50 units) $91.28 $93.11 Tier 7 (51+ units) $100.17 $102.17 *one unit = 100 cubic feet (HCF), which is approximately 748 gallons B. Commercial/Industrial/Institutional (Non-residential). 1. Every non-residential sewer customer pays a bimonthly service charge, which is based on water meter size. Bimonthly Service Charge Meter Size Current Charge Effective Charge 01/01/14 5/8-inch and 3/4-inch $21.58 $22.01 1-inch $29.30 $29.89 1-1/2-inch $48.62 $49.59 2-inch $71.81 $73.25 3-inch $133.63 $136.30 4-inch $203.18 $207.24 6-inch $473.66 $483.13 8-inch $628.22 $640.78 Ordinance No. 755 Page 3 2. Commodity Rate. In addition to a bimonthly 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. Commodity Rate Current Charge Effective Charge 01/01/14 Multifamily and Mobile Home. Estimated sewer flow based on 85 percent of customer's bimonthly water usage (75 percent if a $3.16 $3.22 separate landscape meter does not exist). Non-residential Customers. Estimated sewer flow based on 90 percent of customer's bimonthly water use. Type of Discharge General Commercial $3.16 $3.22 Medium-Low $3.62 $3.69 Medium $4.21 $4.29 Medium-High $5.38 $5.49 High $6.40 $6.53 Light Industry $3.32 $3.39 Institutional Churches. Sewer flow based on 75 percent of customer's bimonthly water usage. $3.16 $3.22 Schools. Sewer flow based on calculated flow per student per day using March/April water $3.16 $3.22 consumption. 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 its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. Ordinance No. 755 Page 4 Introduced and first read at a regular meeting of the City Council of the City of Poway held on the 15th day of October 2013, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 5th day of November 2013. Don Higginson, Mayor ATTEST: Sheila R. Cobian, CMC, City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 755 was duly adopted by the City Council at a regular meeting of said City Council held on the 5th day of November 2013, and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, GROSCH, MULLIN, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Sheilb R. Cobian, CMC, City Clerk City of Poway