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Ordinance No. 327 ORDINANCE NO. 327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, SETTING THE AMOUNT OF WATER 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 supply of water meeting current and anticipated water quality standards to protect the public general welfare, health and safety. B. The purpose of water rates and charges is to pay for protecting the public health, safety and general welfare by providing a reliable and adequate supply of water meeting current and anticipated water quality standards 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 water 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 water service rates and charges set forth in this Ordinance and the cost of the commodity (water) and the services and facilities necessary to deliver water to 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 water rate study prepared by Raftelis Financial Consultants 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 water rates. SECTION 2. AMOUNT OF FEES AND CHARGES. The City Council hereby establishes the fees and charges for water services as set forth in attached Exhibit "A", which is incorporated by reference ("Water Rates and Charges"). 1 of 6 SECTION 3. COST ESTIMATES. The City Manager, or designee, is directed to periodically review the Water Rates and Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed to deliver water 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. SECTION 4. To the extent that any other resolutions or any other Ordinances purporting to establish water 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. Repeal of any provision of the Chino Hills Municipal Code (CHMC), or any other City resolution or ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 7. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. 2 of 6 SECTION 9. This Ordinance shall take effect on the 30th day following its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 22nd day of May 2018. PETER . * ERS, MAYOR ATTEST: CHERYL BALZSITY ERK APPROVED AS TO FORM: MARK HENSLEY:CITY ATTORNEY 3 of 6 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. 327 was duly introduced at a regular meeting held May 8, 2018; and adopted at a regular meeting of the City Council held on the 22nd day of May, 2018 by the following vote, to wit: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHERYL BALZ;GET* CLERK I hereby certify that the foregoing is the original of Ordinance No. 327 duly passed and adopted by the Chino Hills City Council at their regular meeting held on May 22, 2018 and that summaries of the Ordinance were published on May 12, 2018 and May 26, 2018 in the Chino Hills Champion newspaper. CHERYL BALZ,`CIT"? CLERK 4 of 6 EXHIBIT A Water Rates and Charges The following rate increases, which consist of both the cost for water and a monthly service charge. PROPOSED RATES PER CENTUM (HUNDRED) CUBIC FEET (ccf)1 Current Rate since July 1, July 1, July 1, July 1, July 1, July 1, 20142 2018 2019 2020 2021 2022 Tier 1 Residential3 Indoor Budget $2.08 $2.23 $2.41 $2.61 $2.82 $3.05 Tier 2 Residential4 Outdoor Budget $2.37 $3.07 $3.32 $3.59 $3.88 $4.20 Tier 3 Residential5 Inefficient $3.31 $3.30 $3.57 $3.86 $4.17 $4.51 Non-Residential6 $2.48 $2.66 $2.88 $3.12 $3.37 $3.64 Construction/Temporary/Fire' $3.00 $3.24 $3.50 $3.78 $4.09 $4.42 Recycled$ $1.74 $1.82 $2.01 $2.22 $2.45 $2.70 Elevation Surcharge Intermediate Zone $0.17 $0.10 $0.11 $0.12 $0.13 $0.15 Elevation Surcharge High Zone $0.44 $0.38 $0.42 $0.46 $0.50 $0.54 1 One ccf= 748 gallons of water. 2 The methodology of calculating the future water rates is proposed to change, the Current rates are shown for illustrative purposes only and may not reflect the actual amounts reflected on your water bill. Rates have not increased since 2014. 3 The first Tier is comprised of 34% Chino Bain water costs, 38% Monte Vista water costs, and 28%Water Facilities Agency costs. Domestic water increases are based upon an estimated 8% increase each year however the actual increases will be based upon the actual cost of water from water purveyors. 4 The second tier is comprised of 51% Monte Vista Water District water costs and 49% Chino Desalter Agency costs. Domestic water increases are based upon an estimated 8% increase each year however the actual increases will be based upon the actual cost of water from water purveyors. 5 The third tier is comprised of Chino Desalter Agency water costs. Domestic water increases are based upon an estimated 8% increase each year however the actual increases will be based upon the actual cost of water from water purveyors. 6 The cost of non-residential water is comprised of a blended rate of domestic water costs comprised of 40% Chino Desalter Agency water costs, 6%wells, 37% Monte Vista water costs, and 17% Water Facilities Agency costs. Domestic water increases are based upon an estimated 8% increase each year however the actual increases will be based upon the actual cost of water from water purveyors. 7 The cost of Construction/Temporary/Fire Service is comprised of 100% of Chino Desalter Agency water. Domestic water increases are based upon an estimated 8% increase each year however the actual increases will be based upon the actual cost of water from water purveyors. 8 Recycled costs are based on a 10% increase per year. Inland Empire Utility Agency provides recycled water and its costs are included in the recycled rate. The Rates and increases set forth above are estimates based upon projected cost and charge increases but will be subject to adjustment from time to time to reflect changes, increases or decreases, in costs and charges imposed by the Metropolitan Water District,the Inland Empire Utility Agency(IEUA),the Monte Vista Water District(MVWD),the Water Facilities Authority (WFA), the Chino Basin Watermaster, and the Chino Basin Desalter Authority(CDA). The City purchases water from all of these agencies and will be passing through the actual costs based upon the fees and charges imposed by these agencies. All rates are rounded up to the nearest penny. The City will also adjust the above estimated charges to reflect changes, increases or decreases in electricity costs based upon charges and fees imposed by Southern California Edison. The City purchases electricity from Southern California Edison for purposes of transporting water from the various sources to each of the City's customers. The following table shows the current and proposed rates for the Monthly Service Charge by meter size. 5 of 6 MONTHLY SERVICE CHARGE Current Rate Meter Size since July 1, July 1, July 1, July 1, July 1, July 1, 2014 2018 2019 2020 2021 2022 5/8" $19.79 $22.11 $23.88 $25.80 $27.87 $30.10 3/4" $29.54 $31.49 $34.01 $36.74 $39.68 $42.86 1" $49.23 $50.22 $54.24 $58.58 $63.27 $68.34 1.5" $98.46 $97.06 $104.83 $113.22 $122.28 $132.07 2" $157.53 $153.28 $165.55 $178.80 $193.11 $208.56 3" $344.61 $284.44 $307.20 $331.78 $358.33 $387.00 4" $578.94 $471.82 $509.57 $550.34 $594.37 $641.92 6" $1,197.00 $1,174.50 $1,268.46 $1,369.94 $1,479.54 $1,597.91 8" $1,577.32 $1,689.79 $1,824.98 $1,970.98 $2,128.66 $2,298.96 10" $2,569.78 $2,720.38 $2,938.02 $3,173.07 $3,426.92 $3,701.08 12" NA $4,032.04 $4,354.61 $4,702.98 $5,079.22 $5,485.56 MONTHLY SERVICE CHARGE - FIRE METERS Current Rate Meter Size since July 1, July 1, July 1, July 1, July 1, July 1, 2014 2018 2019 2020 2021 2022 4" $98.42 $53.31 $57.58 $62.19 $67.17 $72.55 6" $203.49 $154.86 $167.25 $180.63 $195.09 $210.70 8" $268.14 $329.99 $356.39 $384.91 $415.71 $448.97 10" $436.86 $593.42 $640.90 $692.18 $747.56 $807.37 6 of 6 4•i City of Chino Hills CITY OF CHINO HILLS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) §. CITY OF CHINO HILLS ) CHERYL BALZ, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of a proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, SETTING THE AMOUNT OF WATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 ET SEQ. attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 25th of May, 2018. " CHERYL BALZ.,,1TY EERK PUBLIC NOTICE OF CITY OF CHINO HILLS ORDINANCE NO.327 NOTICE IS HEREBY GIVEN that on May 22, 2018, the City Council of the Chino Hills adopted Ordinance No.327 entitled: PROOF OF PUBLICATION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, SETTING THE AMOUNT OF WATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE§5471 ET SEQ. STATE OF CALIFORNIA The Ordinance established the fees and charges for water rates and charges as set forth in the table below: County of San Bernardino Water Rates and Charges The following rate increases, which consist of both the cost for water and a monthly service charge. I am a citizen of the United States and a resident of the PROPOSED RATES PER CENTUM(HUNDRED) CUBIC FEET(ccf)1 County aforesaid; I am over the age of eighteen years, and current Rate not a party to or interested in the above entitled matter. I since July 1, July 1, July 1, July 1, July 1, July 1, 20142 2018 2019 2020 2021 2022 am the principal clerk of thepublisher of the CHINO Tier 1 3 p P Residential Indoor Budget $2.08 $2.23 $2.41 $2.61 $2.82 $3.05 CHAMPION, a newspaper of general circulation, printed and Tier Residential4 Outdoor Budget $2.37 $3.07 $3.32 $3.59 $3.88 $4.20 published weekly in the City of Chino, County of San Tier 3 5 Residential Inefficient $3.31 $3.30 • $3.57 $3.86 $4.17 $4.51 Bernardino, and which newspaper has been adjudged a Non- Residential6 $2.48 $2.66 $2.88 $3.12 $3.37 $3.64 newspaper of general circulation by the Superior Court of the Construction/Temporary/Fire' $3.00 $3.24 $3.50 $3.78 $4.09 $4.42 County of San Bernardino,State of California, under the date Recycledfi $1.74 $1.82 $2.01 $2.22 $2.45 $2.70 • Elevation Surcharge of August 5, 1952, Case Number 73453; that the notice, of Intermediate Zone $0.17 $0.10 $0.11 $0.12 $0.13 $0.15 Elevation Surcharge High Zone $0.44 $0.38 $0.42 $0.46 $0.50 $0.54 which the annexed is a printed copy (set in type not smaller ' One ccf=748 gallons of water, than nonpareil), has been published in each regular and 2 The methodology of calculating the future water rates is proposed to change,the Current rates are shown for illustrative purposes only and may not reflect the actual amounts reflected on your water bill.Rates have not entire issue of said newspaper and not in any supplement increased since 2014. 3 The first Tier is comprised of 34% Chino Bain water costs, 38% Monte Vista water costs, and 28%Water thereof on the following dates, to-wit: Facilities Agency costs. Domestic water increases are based upon an estimated 8% increase each year however the actual increases will be based upon the actual cost of water from water purveyors. ° The second tier is comprised of 51%Monte Vista Water District water costs and 49%Chino Desalter Agency May 26, all in the year 2018 costs. Domestic water increases are based upon an estimated 8% increase each year however the actual increases will be based upon the actual cost of water from water purveyors. 5 The third tier is comprised of Chino Desalter Agency water costs.Domestic water increases are based upon an estimated 8% increase each year however the actual increases will be based upon the actual cost of water from water purveyors. I certify (or declare) under penalty of perjury that the 6 The cost of non-residential water is comprised of a blended rate of domestic water costs comprised of 40% foregoing is true and correct. Chino Desalter Agency water costs, 6% wells, 37% Monte Vista water costs, and 17% Water Facilities 9 9Agency costs. Domestic water increases are based upon an estimated 8%increase each year however the actual increases will be based upon the actual cost of water from water purveyors. Dated at Chino California, this 26th day of ' The cost of Construction/Temporary/Fire Service is comprised of 100% of Chino Desalter Agency water. . Domestic water increases are based upon an estimated 8% increase each year however the actual May201 increases will be based upon the actual cost of water from water purveyors. r 8 Recycled costs are based on a 10%increase per year.Inland Empire Utility Agency provides recycled water and its costs are included in the recycled rate. The Rates and increases set forth above are estimates based upon projected cost and 1 charge increases but will be subject to adjustment from time to time to reflect changes, 1 increases or decreases, in costs and charges imposed by the Metropolitan Water District, U (Snature0Ay the Inland Empire Utility Agency (IEUA), the Monte Vista Water District(MVWD),the Water • 3 l 201� Facilities Authority (WFA), the Chino Basin Watermaster, and the Chino Basin Desalter• Authority (CDA). The City purchases water from all of these agencies and will be passing Suzanne Rojas through the actual costs based upon the fees and charges imposed by these agencies. All rates are rounded up to the nearest penny. The City will also adjust the above estimated charges to reflect changes, increases or decreases in electricity costs based upon charges and fees imposed by Southern California Edison. The City purchases electricity from C h a m 'O n Southern California Edison for purposes of transporting water from the various sources to each of the City's customers. The following table shows the current and proposed rates for the Monthly Service Charge by Serving the Chino Valley and Chino Hills meter size. . MONTHLY SERVICE CHARGE • Meter Current Rate since July 1, 9th & D Streets • P.O. Box 607 Size 2014 July 1,2018 July 1, 2019 July 1,2020. July 1,2021 July 1,2022 Chino, California 91708 5/8" $19.79 $22.11 $23.88 $25.80 $27.87 $30.10 3/4" $29.54 $31.49 $34.01 $36.74 $39.68 $42.86 Phone: (909) 628-5501 1" $49.23 $50.22 $54.24 $58.58 $63.27 $68.34 1.5" $98.46 $97.06 _ $104.83 $113.22 $122.28 $132.07 2" $157.53 $153.28 $165.55 $178.80 $193.11 $208.56 Adjudicated August 5, 1952 3" $344.61 $284.44 $307.20 $331.78 $358.33 $387.00 4" $578.94 $471.82 $509.57 $550.34 $594.37 $641.92 Case No. 73453 6" $1,197.00 $1,174.50 • $1,268.46 $1,369.94 $1,479.54 $1,597.91 8" $1,577.32 $1,689.79 $1,824.98 $1,970.98 $2,128.66 $2,298.96 10" $2,569.78 $2,720.38 $2,938.02 $3,173.07 $3,426.92 $3,701.08 12" NA .$4,032.04 $4,354.61 $4,702.98 I $5,079.22 $5,485.56 MONTHLY SERVICE CHARGE-FIRE METERS Meter Current Rate ' Size since July 1, 2014 July 1,2018 July 1,2019 July 1,2020 July 1,2021 July 1,2022 4" $98.42 $53.31 $57.58 $62.19 $67.17 $72.55 6" $203.49 $154.86 $167.25 $180.63 $195.09 $210.70 8" $268.14 $329.99 $356.39 • $384.91 $415.71 $448.97 10" • $436.86 $593.42 $640.90 $692.18 $747.56 $807.37 If you have any questions or would like additional information regarding the rates or the protest process,please call the City's Proposition 218 consultant at 888-510-0290 for further information. Ordinance No.327 was adopted by the City Council by the following vote: Ayes: Rogers, Moran, Bennett,Johsz, Marquez Noes: None A certified copy of the full text of Ordinance No. 327 is available for review in the office of the City Clerk,City of Chino Hills, 14000 City Center Drive, Chino Hills. DATED: May 23,2018 S/Cheryl Balz,City•Clerk • PUBLISH: Chino Hills Champion Saturday, May 26,2018 402-18