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HomeMy WebLinkAbout2010/06/15 Item 3 O~\\O~ ORDrNANCE NO. ~ ~\) ~ ",Gb.\)\~\;1. ORDrNANCE OF THE CITY_",t\WJ mHULA VISTA CONTrNUrNG THE CURRENT,~lOUSLY-APPROVED SEWER SERVICE RATES WHEREAS, the sewer service rates are the fees paid by all users who are connected to the City's wastewater collection system to fund the cost of wastewater treatment and maintenance of the system; and WHEREAS, the sewer service rates currently in effect in the City were established on February 5, 2008, when the City Council of the City of Chula Vista approved a three-year rate plan, which set the schedule for the adjustment of sewer service fees for fiscal year 2007-2008 through fiscal year 2009-2010, based on the findings and recommendations of the "Cost of Service and Rate Study for Sewer Services" prepared by Camp Dresser & McKee, Inc. (COM), dated October 2007; and WHEREAS, City staff recently prepared the "2010 Cost of Service and Rate Study Update for Sewer Services" (the "2010 Study") and, based on the 2010 Study, determined that continuation of the current service rates, which were previously approved for fiscal year 2009- 2010, will ensure that the City recovers sufficient revenues to meet projected expenditures for the maintenance and operation of the City's sewer collection and treatment system for fiscal year 2010-2011; and WHEREAS, based on the 2010 Study, City staff recommends that the current, previously-approved sewer service rates for fiscal year 2009-2010 remain in effect, beginning July I, 2010 and continue in effect until the City determines it is necessary to increase, or otherwise adjust the rates; and WHEREAS, the sewer service rates currently in effect were adopted in compliance with the notice, protest and hearing requirements of California Constitution Article XIIlD, Section 6, and California Govemment Code section 53753; and \VHEREAS, the City Council finds that when the currently effective sewer service rates were adopted on February 5, 2008, vnitten protests against the proposed increased sewer service rates were not presented by a majority of ovmers of the identified parcels; and WHEREAS, continuing the currently effective sewer service rates would not increase the amount of the fee beyond the amount previously approved by the City Council and would not revise the methodology previous approved by the City Council; and WHEREAS, the City Council finds that the revenues derived from continuing the currently effective sewer service rates will not result in revenues exceeding the funds required to provide the property related service; and WHEREAS, the City Council finds that the revenues derived from continuing the currently effective sewer service rates shall not be used for any purpose other than that for which the charge was imposed; and WHEREAS, the City Council finds the amount of the sewer service rates imposed on any parcel as an incident of property ownership, by continuing the currently effective sewer service rates, shall not exceed the proportional cost of the service attributable to the parcel; and 3-1 Ordinance No. Page 2 WHEREAS, the City Council finds that the sewer service rates imposed by continuing the currently effective sewer service rates are for a service actually used by, or immediately available to, the owncrs ofthe properties; and WHEREAS, the City Council finds that the sewer service rates imposed by continuing the currently effective sewer service rates will not be imposed for general governmental services, as proscribed by California Constitution Article XIII, Section 6(b)(5). NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: SECTION I. ACTION The currently effective sewer service rates, as depicted in the attached Exhibit A, shall continue in effect, as of July 1,2010, and shall remain in effect until the City Council takes action to increase, or otherwise modify the rates. SECTION II. EFECTIVE DATE This ordinance shall take etTect and be in full force thirty days from its adoption. Submitted by: Approved as to form by: Maria Kachadoorian Finance Director/Treasurer ~0/~-' Poz- -7{/j Bart Miesfeld City Attorney 3-2 EXHIBIT A Proposed Rate Schedule Effective July I, 2010 I I MONTHLY FIXED SERVICE CHARGE Single Family 58.73 All Others 5/8 3/4 I 11, 2 3 58.03 $8.03 $13.38 $26.76 $42.81 $80.28 $133.79 $267.59 $428.14 4 6 8 VOLU~IE ClL\RGE / HCF* Residential Single Family Multi - Family Mobile Homes Non-Residential Commercial- Low Commercial - Med Commercial - High Special Users $3.57 $3.63 $3.63 $3.63 $4.94 $7.55 Varies *HCF: Hundred cubic feet Rates include Storm Drain Fee and Sewer Facilities Replacement Fee 3-3