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HomeMy WebLinkAboutOrd 2010-3155-AORDINANCE NO. 3155-A URGENCY ORDINANCE OF THE CITY OF CHULA VISTA CONTINUING THE CURRENT, PREVIOUSLY-APPROVED SEWER SERVICE RATES WHEREAS, the sewer service rates are the fees paid by all users who aze 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 athree-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" prepazed by Camp Dresser & McKee, Inc. (CDM), 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 yeaz 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 yeaz 2009/2010 remain in effect, beginning July 1, 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 XIIID, Section 6, and California Government Code section 53753; and WHEREAS, the City Council finds that when the currently effective sewer service rates were adopted on February 5, 2008, written protests against the proposed increased sewer service rates were not presented by a majority of owners 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 Urgency Ordinance No. 3155-A Page 2 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 pazcel; and WHEREAS, the City Council finds that the sewer service rates imposed by continuing the currently effective sewer service rates aze for a service actually used by, or immediately available to, the owners of the properties; and WHEREAS, the City Council finds that the sewer service rates imposed by continuing the cun•ently 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 of Chula Vista does ordain as follows: SECTION I. FINDINGS ADOPTING URGENCY ORDINANCE Based on the evidence presented to the City Council at or before the City Council meeting, the City Council finds that continuing the cun•ently effective sewer service rates fees, which were previously approved for fiscal yeaz 2009/2010, in effect, without interruption, is necessary for preserving the health, safety and welfaze of the City's residents, in that, the revenues generated by those fees aze necessary to ensure that the City can continue to operate and maintain the City's wastewater treatment system. SECTION II. 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 III. EFECTIVE DATE This ordinance is an urgency ordinance necessary for the immediate preservation of the public health, safety and welfaze; therefore, it shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption, pursuant to Chula Vista Charter section 311(d). Presented by Mazi Kachadoorian Director of Finance/Treasurer Approved as to form by B . Miesfel City Attorney Urgency Ordinance No. 3155-A Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of June 2010, by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, Ma} r ATTEST: onna R. Norris, C C, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3155-A was passed as an urgency measure on the 8th day of June, 2010. Executed this 8th day of June 2010. ~~~ ~ ~~ Donna R. Norris, C~ty Clerk Urgency Ordinance No. 3155-A Page 4 EXHIBIT A Proposed Rate Schedule Effective July 1, 2010 MONTHLY FIXED SERVICE CHARGE Single Family $8.73 All Others 5/8 $8.03 3/4 $8.03 1 $13.38 1 '/~ $26.76 2 $42.81 3 $80.28 4 $133.79 6 $267.59 g $428.14 VOLUME CHAR GE /HCF* Residential Single Family $3.57 Multi -Family $3.63 Mobile Homes $3.63 Non-Residential Commercial -Low $3.63 Commercial - Med $4.94 Commercial -High $7.55 Special Users Varies *HCF: Hundred cubic feet Rates include Stonn Drain Fee and Sewer Facilities Replacement Fee