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ORDINANCE 1622follows: L01"D AN ORDINANCE SETTING THE AMOUNT OF WATER AND SEWER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE §5471 AND EL SEGUNDO MUNICIPAL CODE § 11-1-5. The City Council of the City of El Segundo does ordain as SECTION 1: The City Council finds and declares as follows: A. The City of El Segundo 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 protect 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 residential properties and non-residential properties of the City of El Segundo and to pay for the cost of providing such service. C. The purpose of the wastewater rates and charges (sewer charges) is to protect the public health, safety and general welfare by providing a reliable and adequate system for the discharge, transmission and treatment of wastewater from residential and non-residential properties located within the City. D. There is a reasonable relationship between the amount of the rates and charges and the cost of services and facilities necessary to deliver water and wastewater service to the residents and non-residential development of the City. E. The City Council previously set water rates and established administrative procedures for billing and collecting water rates. These actions are reflected, without limitation, in Ordinance No. 1501 (adopted February 3, 2015). F. The City Council previously set wastewater rates and established administrative procedures for billing and collecting sewer rates. These actions are reflected, without limitation, in Ordinance No. 1501 (adopted February 3, 2015). G. Notice regarding the water and sewer rates included in this ordinance was provided in accordance with California Constitution Article X111D, § 6(c) and Government Code § 54354.5. Page 1 of 4 H. On February 16, 2021, the City Council held a public hearing to consider the results of the protest proceeding and to consider whether to increase the water and sewer rates as proposed. I. 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. J. This ordinance is adopted in accordance with Health and Safety Code § 5471 and El Segundo Municipal Code ("ESIVIC") § 11-1-5 to establish the City's current water rates and ESMC § 12-7-3 to establish the City's current wastewater rates. K. The City Council has considered the evidence and testimony presented at the public hearing. Based in part upon that evidence, and the staff reports presented to the City Council regarding this issue, the City Council believes that it is in the public interest to adopt this Ordinance. SECTION 2: AMOUNT OF RATES AND CHARGES. Pursuant to ESIVIC § 11-1-5, the City Council establishes the amount of water rates as set forth in attached Exhibit 'A" which is incorporated by reference ("Water Charges"). Pursuant § 12-7-3. The City Council establishes the amount of wastewater rates as set forth in attached Exhibit "B," which is incorporated by reference ("Wastewater Charges"). SECTION 3: COST ESTIMATES. The City Manager, or designee, will periodically, but not less than annually, review the Water and Wastewater Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed to deliver water service and provide waste collection services 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: This Ordinance was adopted to comply with the California Supreme Court decision in Bighorn -Desert View WaterAgency v. Verjil (2006) 39 CalAth 205. To the extent any provision of this Ordinance repeals or supersedes Ordinance No. 15 01 , such repeal or replacement 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 or superseded part of Ordinance No. 15 01 will remain in full Page 2 of 4 force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 5: 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 6: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo'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. SECTION 7: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED AND ADOPTED this 2nd day of March, 2021 ATTEST: Tr V, 4er, ity Clerk Attorney bTeW B Page 3 of 4 CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS CITY OF EL SEGUNDO 1, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1622 was duly introduced by said City Council at a regular meeting held on the 16th day of February, 2021, and was duly passed, and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 2nd day of March, 2021, and the same was so passed and adopted by the following vote: AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this /i"" day of March, 2021, eaver, Ci lerk City of of the Ef`8 undo, " Xalrifornia Page 4 of 4 F: Xr. I H*. I V-11 Adopted Water Rates The City adopted the rates as shown in the following tables. The adopted rate structure includes two components: 1) a fixed monthly charge that is billed regardless of water use and is shown in the first table, and 2) a volumetric charge billed foreach unit of metered water use as shown in the second table. The Single -Family Residential class has tiered rates with the tier break points as shown. The volume rate applies to each hundred cubic feet (Ccf) of water use; one hundred cubic feet (Ccf) equals 748 gallons. As shown in the table below the tier structure in the adopted rates will be changing. For Residential usage, tiers will go from four tier levels to three. For Non -Residential usage, tiers will go from four tier levels to a single uniform rate. Residential . .... ... . .... Tier. ... ..... . ... ........ $2.9706 $am Tier 11 $5.47 $ 5 . ....... . .... .. $5.99 . .. . ........... ier111 74 . ................. . NonRe. $4.17 $4.30 . ........... . .. .... ............ . ......... $4.43 ........ $4�57 1 $4.71 Chevron . . . ............. $4.90 $5.05 1 $5.21 $5.37 5.54 Recycled Water Rates Recycled water rates from WestBasin will continue to be directly passed through to the customer. The customer will also pay the fixed charge as shown below. Most non -city recycled users will no longer pay a surcharge, and the surcharge to Chevron will increase as shown below.2 I Note the water consumption/volumetric charge is based upon current anticipated rate increases from West Basin Municipal Water District. If the District increases or decreases these anticipated rate increases, the charges shown will be increased or decreased consistent with these rate changes by West Basin. 2Direct West Basin recycled rates are not shown in this notice. If the District increases or decreases these rates, the City's charges to the customer will change consistent with these changes by WestBasin. EXHIBIT A The City adopted to charge private fire protection rates, shown in the following table, to customers with private fire protection connections to cover costs associated with maintaining the capacity to fight fires.This charge only applies to customers with private fire connections. Adopted Wastewater Rates The current wastewater charges include a fixed monthly charge and a volumetric charge. Single family residential customers will be billed a flat rate each month. Other classes will have a minimum fixed charge assuming 9 Ccf, along with additional volumetric charges for usage above the 9 Ccf minimum. The volume rate and minimum bill amount depends on whether the resident is in the west side or east side.3 Customer Service Contact If you have any questions regarding the information provided in this notice, or the rates applicable to your property, please contact Customer Service at 310-524-2300 or 310-524-2319, 3Note the wastewater rates are based upon current anticipated treatment rate increases from the City of Los Angeles. If the City of Los Angeles increases or decreases these anticipated rate increases, the charges shown will be increased or decreased consistent with these rate changes by the City of Los Angeles.