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HomeMy WebLinkAboutResolution No. 10-7182 - Increase Sanitary Sewer Rates & amend Res.05-6861RESOLUTION NO. 10-7182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING SANITARY SEWER RATES FOR THE CITY OF DOWNEY AND REPEALING SECTION 4 OF RESOLUTION NO. 05-6861 . WHEREAS, A sewer rate increase is necessary to meet mandatory Sewer System Management Plan (SSMP) requirements, to maintain and replace critical/aging infrastructure, and to ensure that the future Sewer Fund is self supporting; and WHEREAS, Increases in property-related fees and charges, including sanitary sewer, are subject to the requirements of Article XIII D, Section 6 of the California Constitution (Proposition 218); and WHEREAS, A special Notice proceeding on the proposition of increasing rates for sanitary sewer purposes was called by City Council on January 12, 2010 setting the time and place for a Public Hearing on establishing rates for sanitary sewer service and authorizing staff to notify property owners and ratepayers of affected parcels; and WHEREAS, Pursuant to Proposition 218 requirements, a public Notice in both English and Spanish consisting of the proposed sanitary sewer rate, the basis upon which the proposed rate was calculated, the reason for the proposed rate increase, the date, time, and location of the Public Hearing, instructions on how to calculate the proposed sewer charges, and instructions on how to protest against the proposed rate increase was mailed on February 4, 2010 to property owners and ratepayers of record within the City as of the latest available City database; and WHEREAS, The City has given Notice of the date, time, and location of the Public Hearing on the proposed sewer rate increase by publishing such Notice in both English and Spanish in local newspapers on March 5 and March 12, 2010, and by posting copies of the Public Notice at the City Library, Barbara J. Riley Center, and City Hall; and WHEREAS, A duly Noticed Public Hearing on the proposed sewer rate increase was held at 7:30 p.m., or as soon thereafter as could be heard, on Tuesday March 23, 2010 in the City Council Chamber at Downey City Hall, 11111 Brookshire Avenue, Downey CA 90241 ; and WHEREAS, A majority protest, as contemplated by Article XIII D, Section 6 of the California Constitution (Proposition 218), was not received from property owners and ratepayers of affected City parcels by the conclusion of the Public Hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Title 14, Division 6, Chapter 3, Article 18, Section 15273 of the California Code of Regulations, the California Environmental Quality Act (CEQA) is not applicable to the approval of the sanitary sewer rates and charges set forth herein because such rates and charges are for the purpose of: (1) (2) (3) (4) Meeting operating expenses including employee wage rates and fringe benefits; Purchasing or leasing of supplies, equipment, or materials; Meeting financial reserve needs and requirements; Obtaining funds for capital projects necessary to maintain a service within existing servIce areas RESOLUTION NO. 10-7182 PAGE TWO SECTION 2. Pursuant to the provisions of Article XIII D, Section 6 of the California Constitution (Proposition 218), the City Council hereby establishes the following sanitary sewer rate schedule, the fees of which shall appear on the bi-monthly water bill as follows: (1)Fixed Bi-monthly Sanitary Sewer Charge Single Family Residential Accounts: $5.48 Multi-Family Residential Accounts: $3.28 per number of units Non-Residential Accounts – Billed by water meter size per the following: Size of Meter 5/8” Charqe $ 5.48 3/4“6.88 1 ” 8.38 1 -1 /2” 2’’ 3’’ 4’’ 6’’ 12.94 20.02 30.04 42.16 60.10 80.10 100.12 8’’ 10" Accounts with compound water meters shall be billed for sanitary sewer service according to the larger side of the meter. (2) Variable Bi-Monthly Sanitary Sewer Charge In addition to the fixed bi-monthly sanitary sewer charge, each sanitary sewer customer shall pay a bi-monthly variable sanitary sewer charge based on units of water flow, determined as bi- monthly metered water use. Per 100 cu. ft.:$0.10 (3) Customer Classifications Customers deemed by the City to qualify under more than one type of customer classification will be charged the higher of the associated rates. SECTION 3. Section 4 of Resolution No. 05-6861 adopted June 28, 2005, containing current rates for sanitary sewer, is hereby repealed. All remaining provisions of Resolution No 05-6861, including provisions setting rates for water and AB 939, shall remain in full force and effect RESOLUTION NO. 10-7182 PAGE THREE SECTION 4. The City Clerk shall certify to the adoption of this Resolution and provide for appropriate distribution thereof. APPROVED AND ADOPTED this 23'd day of March, 2010. CANNfmiR ATTEST: qdA£ebJX.& KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 23'd day of March, 2010, by the following vote, to wit: [ AYES: NOES: ABSENT: ABSTAIN : Council Members: Brossmer, Gafin, Guerra, Mayor Bayer Council Member: None Council Member: Marquez Council Member: None KT 'Til F©HFEnN TIDTTbkICE City Clerk