Loading...
Ordinance No. 289 ORDINANCE NO. 289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 ET SEQ. THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares as follows: A. The City of Chino Hills requires a reliable wastewater system for transmission and treatment to protect the public general welfare, health, and safety. B. The purpose of wastewater rates and charges is to pay for protecting the public health, safety, and general welfare by providing a reliable and adequate means of conveying and treating wastewater for the residents of the City of Chino Hills and to pay for the cost of providing such service. C. The City followed Proposition 218 (Article XIII D of the California Constitution) majority protest procedures and considered all protests against the proposed wastewater service charge. D. A written majority protest of record parcel owners within the City was not received. E. There is a reasonable relationship between the amount of the wastewater service rates and charges set forth in this Ordinance and the cost of conveying and treating wastewater and the services and facilities necessary to convey and treat wastewater for the residents and non- residential development of the City. F. The City has conducted a duly noticed public hearing and considered all written and oral evidence and testimony provided, including but not limited to the staff reports and the Inland Empire Utilities Agency Board adopted wastewater rate increases consistent with the Agency's cost containment plan and this ordinance is adopted in accordance with Proposition 218 (Article XIII D of the California Constitution), and Health and Safety Code § 5471 et seq., to establish the City's current wastewater rates. SECTION 2. AMOUNT OF FEES AND CHARGES. The City Council hereby establishes the fees and charges for wastewater services as set forth in attached Exhibit "A", where it is incorporated by reference ("Wastewater Charges"). 1 of 4 SECTION 3. COST ESTIMATES. The City Manager, or designee, is directed to periodically review the Wastewater Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed to deliver wastewater service to the residents and non-residential developments within the City. If the City Manager determines that revenues do not adequately meet costs, the City Manager will recommend to the City Council a revised rate and charge schedule to be adopted by this City Council by Ordinance. The rates and increases set forth in Exhibit A are estimates based upon projected costs and charged increases but will be subject to adjustment from time to time to reflect changes, increases or decreases, in costs and charges imposed by the IEUA. The City utilizes the IEUA for sewer treatment and will be passing through the actual costs based upon the fees and charges imposed by this agency. SECTION 4. To the extent that any other resolutions or any other Ordinances purporting to establish Wastewater Rates and Charges incorporated into this Ordinance, they are superseded and rendered moot. SECTION 5. This Ordinance is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code § 21000, et seq "CEQA") and modifies, structures, restructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service areas. This Ordinance, therefore, is categorically exempt from further CEQA require under Cal. Code Regs. Title 14, § 15273. SECTION 6. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinance No. 253. SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. 2 of 4 SECTION 8. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including vote for and against the same, in the Office of the City Clerk, in accordance with Government Code§ 36933. PASSED, APPROVED, AND ADOPTED this 18th day of August 2015. elAVIgIA.ft: /71 iot-vi CYNTHIA MORAN, MAYOR ATTEST: Cal CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK b. HENSLEY, CITY ATTORNEY 3 of 4 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 289 was duly introduced at a regular meeting held August 11, 2015; and adopted at an adjourned regular meeting of the City Council held on the 18th day of August, 2015 by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MORAN, GRAHAM, MARQUEZ, AND ROGERS. NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: BENNETT CHERYSLEL (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 289 duly passed and adopted by the Chino Hills City Council at their adjourned regular meeting held on August 18, 2015, and that the Ordinance was published in full on August 22, 2015 in the Chino Hills Champion newspaper. (------- !�/ 1 ePa ra 1111P-9Ph air A CHERYL BALtra Y CL`t K (SEAL) 4 of 4 EXHIBIT A Wastewater (Sewer) The City's sewer (also known as "wastewater") rates are based upon (i) pass-through treatment cost agreements that are set by the Inland Empire Utilities Agency ("IEUA") which is the agency that operates the wastewater treatment plants that treat the wastewater generated by the residents, businesses and governmental agencies located in the City and, (ii) expenses incurred by the City to operate and maintain the wastewater transmission system that transports the wastewater from the customers properties to the IEUA treatment facilities. Commercial sewer treatment rates are based on water consumption using IEUA's engineering factors for conversion into equivalent dwelling units (EDU(s)). Below are EDUs for the various types of commercial land use types. EDU (monthly)per CCF of Water Category Type of Commercial Consumption Office 1 Day care center Bar/tavern w/o food 0.0729 Market w/o grinder Retail/service Public facility w/o dining Recreation/Amusement w/o dining 2 Mortuary 0.1052 Hotel w/dining 3 Motel w/dining Public facility w/dining 0.1050 Bar/tavern w/dining Hospital-full service Recreation/Amusement w/dining Convalescent facility 4 Laundromat Car wash 0.0626 5 Laundry-Comm/Ind Dry cleaner 0.1215 6 Motel w/o dining 0.0670 Health spa Church/worship 7 Outpatient facility Doctor or Dental office 0.0671 8 Restaurant-full service or fast Market w/grinder 0.1042 food Bakery School- public/private 9 K-12 0.0185 x#of students College 0.0370 x#of students The pass-through of treatments rates per EDU are as follows: Increase Date IEUA Monthly Rate per EDU October 1, 2015 $15.89 July 1, 2016 $17.14 July 1, 2017 $18.39 July 1, 2018 $19.59 July 1, 2019 $20.00 The total user charges for the Gravity Flow Sewer areas of the City are as follows: Monthly Rate Per EDU Current October July 1, July 1, July 1, July 1, 1, 2015 2016 2017 2018 2019 IEUA monthly treatment fee $14.39 $15.89 $17.14 $18.39 $19.59 $20.00 City Operation and Maintenance Fee 7.20 7.20 7.20 7.20 7.20 7.20 Combined Monthly fee per EDU $21.59 $23.09 $24.34 $25.59 $26.79 $27.20 The total user charges for the Pumped Flow Sewer areas of the City are as follows: Monthly Rate Per EDU Current October July 1, July 1, July 1, July 1, 1, 2015 2016 2017 2018 2019 IEUA monthly treatment fee $14.39 $15.89 $17.14 $18.39 $19.59 $20.00 City Operation and Maintenance Fee 7.20 7.20 7.20 7.20 7.20 7.20 City Pumping fee per EDU 1.50 1.50 1.50 1.50 1.50 1.50 Combined Monthly fee per EDU $23.09 $24.59 $25.84 $27.09 $28.29 $28.70 PROOF OF PUBLICATION STATE OF CALIFORNIA County of San Bernardino I am citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled mat- ter. I am the principal clerk o€ the publisher of the CHINO CHAMPION, a newspaper of general circulation, print- ed and published weekly in the City of Chino, County of San Bernardino, and which newspaper has been adjudged a newspaper of general circulation by the Su- perior Court of the County of San Bernardino, State of California, under the date of August 5, 1952, Case Number 73453; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: August 22 all in the year 2015 certifiy (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chino, California, this 22nd day of August Signature Lynn Conner AUG 2 6 2015 .Champion Serving the Chino Valley and Chino Hills 9th & D Streets • P.O. Box 607 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453 This space is for the County Clerk's Filing Starnp :Public Notice - Chiho Hills PUBLIC NOTICE OF ADOPTION OF CITY OF CHINO HILLS ORDINANCE NO. 289 NOTICE IS HEREBY GIVEN that on August 18, 2015, the City Council of the City of Chino Hills adopted Ordinance No. 289. Ordinance No. 289 reads in full: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 ET SEQ. THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS,: SECTION 1. The City Council finds and declares as follows: A. The City ,of Chino Hillsrequires a reliable wastewater system for transmission and treatment to protect the public general welfare, health, and safety. B. The purpose of wastewater rates and charges is to pay for protecting the public health, safety, and general welfare by providing a reliable and adequate means of conveying and treating wastewater for the residents of the City of Chino Hills and to pay for the cost of providing such service. C. The City followed Proposition 218 (Article XIII D of the California Constitution) majority protest procedures and considered all protests against the proposed wastewater service charge. D. A written majority protest of record parcel owners within the City was not received. E. There is a reasonable relationship between the amount of the wastewater service rates and charges set forth in this Ordinance and the cost of conveying and treating wastewater and the services and facilities necessary to convey and treat wastewater for the residents and non-residential development of the City. F. The City has conducted a duly noticed public hearing and considered all written and oral evidence and testimony provided, including but not limited to the staff reports and the Inland Empire Utilities Agency Board adopted wastewater rate increases consistent with the Agency's cost containment plan and this ordinance is adopted in accordance with Proposition 218 (Article XIII D of the California Constitution), and Health and Safety Code § 5471 et seq., to establish the City's current wastewater rates. SECTION 2. AMOUNT OF FEES AND CHARGES. The City Council hereby establishes the fees and charges for wastewater services as set forth in attached Exhibit "A", where it is incorporated by reference ("Wastewater Charges"). SECTION 3. COST ESTIMATES. The City Manager, or designee, is directed to periodically review the Wastewater Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed to deliver wastewater service to the residents and non-residential developments within the City. If the City Manager determines that revenues do not adequately meet costs, the City Manager will recommend to the City Council a revised rate and charge schedule to be adopted by this City Council by Ordinance. The rates and increases set forth in ExhibitA are estimates based upon projected costs and charged increases but wili be subject to adjustment from time to time to reflect changes, increases or decreases, in costs and charges imposed by the IEUA. The City utilizes the IEUAfor sewer treatment and will be passing through the actual costs based upon the fees and charges imposed by this agency. SECTION 4. To the extent that any other resolutions or any other Ordinances purporting to establish Wastewater Rates and Charges incorporated into this Ordinance, they are superseded and rendered moot. SECTION 5. This Ordinance is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code § 21000, et seq "CEQX) and modifies, structures, restructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service areas, This Ordinance, therefore, is categorically exempt from further CEQA require under Cal. Code Regs. Title 14, § 15273. SECTION 6. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinance No. 253. SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoptign and shall post a certified copy of this Ordinance, including vote for and against the same, in the Office of the City Clerk, in accordance with Government Code § 36933. PASSED, APPROVED, AND ADOPTED this 18th day of August 2015, s/Cynthia Moran, Mayor ATTEST: slCheryl Balz, City Clerk APPROVED AS TO FORM: slEtizabeth A. Calciano, Assistant City Attorney for Mark D. Hensley, City Attorney Ordinance No. 289 was adopted by the City Council by the following vote: Ayes: Moran, Graham, Marquez, Rogers j Noes: None I Absent: Bennett DATED: August 19, 2015: s/CHERYL BALZ, CITY CLERK AUG 2 6 2015 4._ EXHIBIT A Wastewater (Seiner) The City's sewer (also known as "wastewater") rate are based upon (i) pass-through treatment cost agreements that are set by the Inland Empire Utilities Ageray (" IEUX) which is the agency that operates the wastewater treatment plants that treat the wastewater generited by the residents, businesses and governmental agencies located in the City and, (ii) expenses incurred ty the City to operate and maintain the wastewater transmission system that transports the wastewater from the customers properties to the IEUA treatment facilities. Commercial sewer treatment rates are based on water consumption using IEUA's engineering factors for conversion into equivalent dwelling units (EDU(s)). Below are EDUs for the various types of commercial land use types. The pass-through of treatments rates per EDU are as follows: Increase Date IEUA Monthly Monthly Rate Per EDU EDU (monthly)per October 1, 2015 $15.89 July 1, 2016 CCF of Water Category Type of Commercial Consumption $19.59 Office $20.00 2019 1 Day care center Bar/tavern w/o food $17.14 $18.39 $19.59 $20.00 Market w/o grinder Retail/service 0 0729 - 7.20 7.20 7.20 Public facility w/o dining Recreation/ Amusement w/o dining $21.59 2 Mortuary $27.20 0.1052 1.50 Hotel wl dining 1.50 $23.09 3 Motel wl dining Public facility wl dining $28.29 $28.70 Bar/tavern wl dining Hospital -full service 0.1050 Recreation/ Amusement wl dining Convalescent facility 4 Laundromat Car wash 0.0626 5 Laundry - Commllnd Dry cleaner 0.1215 6 Motel w/o dining Health spa Churchlworship 0.0670 7 Outpatient facility Doctor or Dental office 0.0671 8 Restaurant - full service or fast Market wl grinder food Bakery 0 1042 School - public/private 9 K-12 0.0185 x # of students College 0.0370 x # of students The pass-through of treatments rates per EDU are as follows: Increase Date IEUA Monthly Monthly Rate Per EDU Rate per EDU October 1, 2015 $15.89 July 1, 2016 $17.14 July 1, 2017 $18.39 July 1, 2018 $19.59 July 1, 2019 $20.00 The total user charges for the Gravity Flow Sewer areas of the City are as follows: IEUA monthly treatment fee City Operation and Maintenance Fee City Pumping fee per EDU Combined Monthly fee per EDU AUG 6,2015 Monthly Rate Per EDU Monthly Rate Per EDU Current October Current October July 1, July 1, July 1, July 1, 1, 2015 1,2015 2016 2017 2018 2019 IEUA monthly treatment fee $14.39 $15.89 $17.14 $18.39 $19.59 $20.00 City Operation and Maintenance Fee 7.20 7.20 7.20 7.20 7.20 7.20 Combined Monthly fee per EDU $21.59 $23.09 $24.34 $25.59 $26.79 $27.20 The total user charges for the Pumped Flow Sewer areas of the City are as follows: 1.50 IEUA monthly treatment fee City Operation and Maintenance Fee City Pumping fee per EDU Combined Monthly fee per EDU AUG 6,2015 Monthly Rate Per EDU Current October July 1, July 1, July 1, July 1, 1, 2015 2016 2017 2018 2019 $14.39 $15.89 $17.14 $18.39 $19.59 $20.00 7.20 7.20 7.20 7.20 7.20 7.20 1.50 1.50 1.50 1.50 1.50 1.50 $23.09 $24.59 $25.84 $27.09 $28.29 $28.70 Publish: August 22, 2015 699-15