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09-11-2018 CC Rpt 23COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: SEPTEMBER 11, 2018 FROM: CITY MANAGER ITEM NO:23 SUBJECT:REVISED WATER FEES RECOMMENDATION: Conduct a public hearing, consider evidence, and adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING THE MASTER SCHEDULE OF FEES, FINES AND PENALTIES SET FORTH IN RESOLUTION NO. 2018R-034 BY ADDING AN AFTER HOURS WATER ACTIVATION OR REACTIVATION FEE AND DETERMINING THAT THE ADOPTION OF THE FEE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BACKGROUND/ANALYSIS: On October 27, 2009, the City Council adopted the Utility Customer Service Administrative Policy, to provide policies and procedures for the City's Water, Sewer and Refuse Utility Billing program. The "Suspended Service (Lock-Off)" section describes the process for suspending service for non-payment of a utility bill. This section also identifies a specific process for "After-hours activation/reactivation" of service after service has been shut off. Currently, the City does not have an after-hours activation/reactivation fee and normal activation/reactivation fees apply. In order to fully recoup the after-hours cost of service and be in compliance with the City's Administrative Policy, it is recommended to adopt the proposed "After Hours Water Activation or Reactivation Fee". As described in the Administrative Policy, for a customer who has had their service suspended: If past due charges and penalties are paid by 3:30 p.m., Monday --Thursday or by 2:30 p.m., Friday, Utility Billing will notify Public Works to re-establish service by 4:30 p.m. the same day. If a customer requests after-hours reactivation, service will be provided uponIf a customer requests after-hours reactivation, service will be provided upon payment of the after-hours reactivation fee as long as the payment has beenpayment of the after-hours reactivation fee as long as the payment has been made to Utility Billing prior to close of business.made to Utility Billing prior to close of business. Any customer who fails to pay all charges by 3:30 p.m., Monday --Thursday, or by 2:30 p.m., Friday, will not have the water turned back on until the following business day (unless the customer authorizes the after-hours reactivation feeunless the customer authorizes the after-hours reactivation fee ). Service reactivation will not occur on weekends or holidays. In addition to the reactivation of suspended service as described above, after-hours activation will also be available to new customers who request after-hours activation of their new service. The recommended fee has been determined by calculating the amount of staff time needed to complete the activation/reactivation process at an "overtime" blended hourly rate, or 1.5 times the regular blended rate, as well as the cost of the utility billing staff processing and vehicles and equipment to complete the service. The fee to recoup the cost of providing the after-hours reactivation or new service totals $383. 124/131 Public Notice On August 31, 2018, the proposed fee schedule and the Water Fee Study that shows the calculations supporting the fees was made available for public review. A public notice was published on September 1, 2018, and on September 8, 2018, in the Chino Hills Champion newspaper. Effective Date It is recommended that the fees under consideration in the proposed Resolution be effective October 1, 2018. ENVIRONMENTAL (CEQA) REVIEW: This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq; "CEQA") and CEQA regulations (14 California Code Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this action does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)). FISCAL IMPACT: Approval of the Resolution amending the Master Schedule of Fees, Fines and Penalties will increase revenues in the Water Utility fund, offsetting the costs incurred for the services provided. REVIEWED BY OTHERS: This agenda item has been reviewed by the Public Works Director and the City Attorney. Respectfully Submitted,Recommended By: Attachments Fee Study Resolution Exhibit A - Fee Schedule 125/131 City of Chino Hills Water Fees Fee Study 1 of 1 Finance Public Works Com Dev Service Truck Materials Blended Hourly Rate $ 93.43 $ 119.71 $ 231.97 $ 20.29 Ref No.User Fee Name Current Price per Unit Actual Cost Proposed Price Per Unit Notes Change Water Fees 14 After Hours Water Activation or Reactivation Fee*-$ 0.10 3.00 - 0.75 -$ 383.69$ 383.00$ 383.00$ *Note: The "Time in Hours" under Public Works reflects the on-call 2 hour minimum multiplied by time and a half to ensure the overtime rate is calculated correctly. Time in Hours 126/131 1 of 4 RESOLUTION NO. 2018R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING THE MASTER SCHEDULE OF FEES, FINES AND PENALTIES SET FORTH IN RESOLUTION NO. 2018R-034 BY ADDING AN AFTER HOURS WATER ACTIVATION OR REACTIVATION FEE AND DETERMINING THAT THE ADOPTION OF THE FEE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, pursuant to Government Code Section 66018, the specific fees to be charged for services must be adopted by the City Council by resolution after providing notice and holding a public hearing; and WHEREAS, the City Council adopted the Master Schedule Of Fees, Fines And Penalties by Resolution No. 2018R-034 on June 12, 2018, after providing notice and holding a public hearing; and WHEREAS, pursuant to the authority provided by Chino Hills Municipal Code Section 13.05.140, activation and reactivation fees are permitted to be charged in an amount determined by the City Council; and WHEREAS, notice has been provided per Government Code Sections 66018 and 6062a, and the required public hearing held at which time oral and written presentations were made and received; and WHEREAS, pursuant to Government Code Section 66018, notice was provided as follows: public notice was published on September 1, 2018, and September 8, 2018, in the Chino Hills Champion newspaper; and WHEREAS, on September 11, 2018, the City Council heard public testimony and considered evidence in a public hearing held in accordance with Government Code Section 66018; and WHEREAS, at the recommendation of the City’s Departments and the City Manager, the City Council believes that it is in the public’s interest to establish the recommended fees to recover the costs of public services; and WHEREAS, the user fee represents reimbursement for costs reasonably borne by the City in providing direct services to particular individuals or groups that need water service activated or reactivated after regular working hours, rather than to the general populace of the City of Chino Hills; and 127/131 2 of 4 WHEREAS, in order for the City to continue to provide said services, it is necessary for the City to recover the direct costs of providing such services except that as to other public agencies such recovery is not necessary so this fee will not be charged to other public entities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. Fee Schedule. The Master Schedule of Fees, Fines and Penalties adopted by Resolution No. 2018R-034 is amended as set forth in Exhibit “A” attached to this resolution and incorporated herein by this reference. SECTION 2. Reasonable Cost Finding. The City Council specifically finds that based on the data made available to the public and considered at the public hearing, the fees adopted do not exceed the reasonable cost of service provided. SECTION 3. Severability. If any portion of this resolution is found to be unconstitutional or invalid, the City Council hereby declares that it would have enacted the remainder of this resolution regardless of the absence of any such invalid part. SECTION 4. CEQA. This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code Regulations §§ 15000, et seq.) because it constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this action does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378 (b)(4-5)). SECTION 5. Adoption. The City Clerk shall certify as to the adoption of this resolution. 128/131 3 of 4 SECTION 6. Effective Date. This Resolution will become effective on October 1, 2018, and will remain in effect unless repealed or superseded. PASSED, APPROVED, and ADOPTED this 11th day of September 2018. PETER J. ROGERS, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 129/131 4 of 4 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) § CITY OF CHINO HILLS ) I, Cheryl Balz, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that the foregoing Resolution No. 2018R-_____ was duly adopted at a regular meeting of the City Council of the City of Chino Hills held on the 11th day of September , 2018, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ________________________________ CHERYL BALZ, CITY CLERK The foregoing is the original of Resolution No. 2018R-____ duly passed and adopted by the Chino Hills City Council at their regular meeting held September 11, 2018. ________________________________ CHERYL BALZ, CITY CLERK 130/131 DESCRIPTION AMOUNT NOTE 11.00$ $ 114.00 CHMC 13.05.140 Greater of $10 or 10%CHMC 13.05.070 $ 75.00 Avg lock cost + $50 Penalty 424.00$ 430.00$ Cost Recovery + $50 Penalty $ 350.00 Initial Deposit $ 365.00 1,000.00$ Deposit to cover potential unpaid usage and/or meter replacement. No fee - applicant to install meter at their costs No fee - applicant to install meter at their costs No fee - applicant to install meter at their costs Actual Cost 383.00$ Cost Recovery (Other public agencies are not subject to this fee) LOCK-OFF FEE Service Reactivation Fee (Customer requesting same day turn-on, prior to 3:30 pm M-Thurs and prior to 2:30 pm Fri.) City of Chino Hills WATER Effective October 1, 2018 WATER Application Fee (turn-on fee) Potable & Recycled Water After Hours Water Activation or Reactivation Fee Late Payment Penalty Broken Lock Penalty Pull and Reinstall Meter Fee Broken/Damaged Angle Stop Penalty Meter Test Deposit - (If calibration test confirms a meter problem, then deposit is refunded in full.) Fire Flow Test Fire Hydrant Meter Deposit Meter Installation Fees - Meter with serviceline (meter size 3/4" to 8") Meter Installation Fees - Meter without serviceline (meter size 3/4" to 2") Meter Installation Fees - Meter without serviceline (meter size 3" or greater) Water Meter 131/131 PROOF OF PUBLICATION STATE OF CALIFORNIA County of San Bernardino I am a 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 matter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, printed 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 Superior 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: September 1, 8, all in the year 2018 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chino, California, this 8th day of Sevtember 20.18 i 7g °•-' V 1 (Signature) Suzanne Rojas SEP 2 2018 ,ACCOUNTS PAY) 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 Stamp NOTICE OF PUBLIC HEARING CITY OF CHINO HILLS MASTER SCHEDULE OF FEES NOTICE IS HEREBY GIVEN that the City Council of the City of Chino j Hills will hold a public hearing on Tuesday, September 11, 2018 at 7:00 j p.m., or as soon thereafter as the matter may be heard, in the Council Chambers of the City Hall, 14000 City Center Drive, to consider adopting a resolution modifying the City's Master Schedule of Fees, Fines and Penalties. i The purpose of the meeting will be to receive public comment relative to I the proposed resolution amending the 1 City of Chino Hills Master Schedule of Fees, Fines and Penalties establishing new and revised fees charged for City j services. A copy of the proposed schedule of fees, fines and penalties and the data indicating the amount of cost, or estimated cost, required to provide the service for which the fees are levied I and the revenue sources anticipated to provide the service was made available for public review on Friday, August 31, 2018, at the Office of the City Clerk, 14000 City Center Drive, Chino Hills, and thereafter Monday through Thursday from 7:30 a.m. to 5:30 p.m., and Friday from 7:30 a.m. to 4:30 p.m. NOTICE IS FURTHER GIVEN that'. if you challenge the above described action in court, you may be limited to raising only those issues you or someone else raised at a public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. ALL INTERESTED PARTIES are invited to comment by personal appearance at the public hearing or by written response submitted at, or prior to, the hearing. Please direct any correspondence to the City Clerk, City of Chino Hills, 14000 City Center Drive, Chino Hills, CA 91709. ADDITIONAL INFORMATION may be obtained from the Finance Department at (909) 364-2640, Monday through Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to 4:30 p.m. This notice is given in accordance with the provision of Government Code Section 66018. DATED: August 29, 2018 S/ Cheryl Balz, City Clerk PUBLISH: Chino Hills Champion Saturday, September 1, 2018 Saturday, September 8, 2018 637-18