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05-24-2011 CC Rpt A13 THE ATTACHED ORDINANCE NO. 245 WAS CONSIDERED BY THE CITY COUNCIL AT THEIR MAY 10, 2011 MEETING; THE ORDINANCE IS NOW BEING PRESENTED FOR ADOPTION. /9i3 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.; "CEQA") 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 (31st) 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