Loading...
05-24-2011 CC Rpt A13THE ATTACHED ORDINANCE NO. 245 WAS CONSIDERED BY THE CITY COUNCIL AT THEIR MAY 101 2011 MEETING; THE ORDINANCE IS NOW X13 1/10 ORDINANCE NO. 245 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. The City Council of the City of Chino Hills does 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 Glenn M. Reiter & Associates and this Ordinance is adopted in accordance with Proposition 218 (Article XIII D of the California Constitution), and Health and Safety Code § 5471; 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 Charges"). SECTION 3. COST ESTIMATES. The City Manager, or designee, is directed to periodically review the Water Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed to deliver water Page 1 of 4 2/10 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 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 CEQA regulations (Cal. Code Regs. tit. 14, §§ 15000, et seq.) because it establishes, 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 review under Cal. Code Regs. tit. 14, § 15273. SECTION 6. Repeal of any provision of the Chino Hills Municipal Code, 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's 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. Page 2 of 4 3/10 SECTION 9. This Ordinance will become effective on the thirty-first (31 st) day following its passage and adoption. PASSED, APPROVED, AND ADOPTED this 10th day of May 2011. ED GRAHAM, MAYOR ATTEST: MARY M. McDUFFEE, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Page 3 of 4 4/10 RECEIVED DATE: MAY 23, 2011 2011 MAY 25 PM 1: 5 1 TO: MAYOR ED GRAHAM O F F I C OF CITY CLEftK CHINO DILLS FROM: OLD MOTHER HUBBARD AND ON THIN SHOE STRING BUDGET dNJI-'d SUBJECT: APPROVING OR DISAPPROVE THE MEASURE OF INCREASE OF WATER AND TRASH I HAD TO LEAVE EARLY BECAUSE OF MY ALLEINING FATHER. THE COUNCIL TOOK SO MUCH 11ME TO RECOGNIZE THE SERVING PEOPLE. I TALK TO SEVERAL FRIENDS ON THIS MATTER AND AS I, WE ALL VOTED NO ON THE MEASURE. THE ONE GENTLEMEN LIVING HERE SINCE THE MID 1970'S DISAGREE WITH THE MEASURE AND STATED THE NOT SURE THE RT 186 REFORM. BUT TO SHED LIGHT ON THE MATTER THE ATTORNEY WAS NOT THERE TO PRESENT THE CORRECT APPLICATION OF THE RT 186. IT IS AMAZING HOW THAT WAS SO CONVENT FOR THE COUNCIL.' THERE WAS ANOTHER COUNCIL MEMBER OR JUST REPRESENTIVI; STATING HOW LA COUNTY MANY WATER MAINS BREAK BECAUSE OF AGE. THAT WAS A REAL MISREPRENTATION ON CHINO HILLS AGE. L.A. HAS FAR GREATER AGE DIFFERENCE ON THERE MAIN LINE THEN TM, r CITY. ONE COUI`- t;IL MEMBEK i 13i[✓UVE IT' AS `lCrL.; 3M, S TEITD) ffAT ON PEYTON THERE BEEN 3 REPAIRS ON THE SYSTEM. LIKE TO S'T'ATE COULD COMPANY NOT GET RIGHT THE FIRST TIME. THAT A WASTE OF MONEY RIGHT THERE. TIffE COUNCIL MEMBER OR REPRESENTIVE THAT WAS DOING THE MOST TALKINvTG WAS STATING THE ISSUE YET HE AS I CALLED IT, DOUBLE TALK AND GOING AROUND THE CORNER WITH WORDS TO PRESENT .A POSITIVE VIEW. I DID NOT BUY THOSE WORDS AT ALL. THE OTHER GENTMEN GOT UP AND SPOKE ABOUT PAST ISSUES THE VOTERS PAST, HE TOO WAS FROM THE EARLY YEAR OF 1970'S AS I AM, HOW THE MONEY IS NOT BEING DISTRIBUTE PROPER WHERE MANAGER AND HEAD PERSONNEL GETTING MORE MONEY. WHY BECAUSE GOT NEW TITLE AND MORE MONEY TO JUSTIFY THEIR NEW TITLES. NST TO STATE OF SEEN CHANGES AND DO NOT LIKE THEM, I WILL ADMIT I DID NOT VOTE FOR CITYHOOD. THE OLD MIGHTY DOLLAR WON IT WAS CLOSE VOTE. AS ONE OF THE WIVES OF COUNCILMEN T. SAID, YOU SHOULD VOTE FOR COUNCIL MEMBERS, ASK HER WHY I AM NOT VOTING FOR CITYHOOD, PLEASE LEAVE. DO NOT TELL ME WHAT HAVE TO DO ITS MY CHOICE. SHE WAS VERY AGGESTIVE. JUST FOR YOU INFORMATION I HAVE NOT GOT A RAISE IN 4-5 YEARS BECAUSE OF BUDGETS, AND YET IT IS THE LITTLE PEOPLE THE MIDDLE CLASS IF YOU CAN CALL LOW END MIDDLE CLASS OR THREADING WATER TO KEEP ENDS A FLOAT. YET ANOTHER COMPANY WANTS A LITTLE MORE AND LITTLE MORE IS HANGING MOST OF US ALREADY ON STRING BUDGET THAT IS NOT EVEN THE THICKNESS OF SHOE STRING. MY CHOICE I WILL NOT BE VOTING FOR ANY COUNCIL MEMBER HERE TODAY FOR THE FUTURE THE ANT KILLER MAY BE A BETTER'CHOICE. BECAUSE THIS COUNCIL DOES NOT TAKE IN CONCERATION THE OLDER FIXED INCOME PEOPLE IN THIS CITY . IF MISS SPOKE OR MISSPELLED WORDS BECAUSE THIS TOPIC IS ISSUE ABOUT MONEYWHICH I HAVE LESS NOW AND MAYBE THE PERSONNEL AND COUNCIL SHOULD TAKE MAJOR CUTS IN PAY. I KNOW YOU LIVE HERE TOO. MY ANSWER, I DO NOT LIVE IN ONE ORTWO STORY HOUSES UP ON THE HILL WORTH MORE THEN $600 THOUSAND. I LIVE IN THOSE SO CALLED SHACK HANGING ON TO EACH PENNY I CAN. I COULD SAY MORE BUT WHY, COUNCIL GOT THERE WAY. FOR LADY COUNCIL MEMBER I WAS TOTAL DISAPPOINTED IN, SHE USE TO BE FOR THE OLDER AND LITTLE GUY. N JUST A NOTE WHY IS THAT POOR POSSUM STILL IN THE MEDIAN ON CHINO HILLS PARKWAY THE OLD 142 BETWEEN HAZELWOOD AND ROLLING. RIDGE. IT ONLY BEEN 11 WEEKS YES 11 WEEKS. YES, I BEEN COUNTING I CALLED ON WEEK 7 NOW ITS WEEK11. DO I NEED GO TO THE 99 CENT STORE TO GET A PANCAKE TURNER I THINK I HAVE A DOLLAR TO SPARE. ;�' � e�� i t - -11 1- N6