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ORDINANCE 1404ORDINANCE NO. 1404 AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 12 -7 -3. The City Council of the City of El Segundo does ordain as follows SECTION 1. The City Council finds and declares as follows. A The City of El Segundo requires a reliable wastewater discharge system meeting current and anticipated water quality standards to protect the public general welfare, health and safety B The purpose of wastewater rates and charges is to protect the public health, safety and general welfare by providing a reliable and safe wastewater discharge system that meets current and anticipated wastewater quality standards for the residents of the City of El Segundo and to pay for the cost of providing such service C Based upon the record, there is a reasonable relationship between the amount of the rates and charges and the cost of services and facilities necessary to deliver wastewater service to the residents and non- residential development of the City D The City Council previously set wastewater rates and established administrative procedures for billing and collecting wastewater fees. These actions are reflected, without limitation, in Ordinance 1377 (adopted September 7, 2004) E Notice regarding the wastewater rates included in this ordinance was provided in accordance with California Constitution Article XIIID, § 6(c) and Government Code § 54354 5 F On December 19, 2006, the City Council held a public hearing to consider the results of the protest proceeding and to consider whether to adjust the wastewater rates as proposed G 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 Page 1 of 7 from further CEQA review under Cal Code Regs. Tit. 14, § 15271 H This ordinance is adopted in accordance with Health and Safety Code § 5471 and El Segundo Municipal Code ( "ESMC ") § 12 -7 -3 to establish the City's current wastewater rates and charges I The City Council has considered the evidence and testimony presented at the public hearing Based in part upon that evidence, and the agenda reports presented to the 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 ESMC § 12 -7- 3, the City Council establishes amount of wastewater rates as set forth in attached Exhibit "A," 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 Wastewater Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed for wastewater discharge 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 Water Agency v Vegd (2006) 39 Cal 4i" 205 To the extent any provision of this Ordinance repeals or supersedes Ordinance No 1377, 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 1377 will remain in full 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 Page 2 of 7 SECTION 7 This Ordinance will take effect on the 31st day following its final passage and adoption PASSED AND ADOPTED this ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF EL SEGUNDO ) SS I, Cindy Mortesen, 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. 1404 was duly introduced by said City Council at a regular meeting held on the 19th day of December 2006, 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 16th day of January 2007, and the same was so passed and adopted by the following vote AYES: McDowell, Busch, Boulgarides, Fisher NOES Jacobson ABSENT None ABSTAIIINNy` None /f V Cindy Mortesen, City Clerk APPROVED Mark D Hen 0 H Berger, Page 3 of 7 Attorney Treatment Charge (Monthly) Customer Type and Water Meter Size Existing Treatment Charges Proposed 2006 -2007 Treatment Charges Proposed 2007 -2008 Treatment Charges Proposed 2008 -2009 Treatment Charges Single Family /Duplex 5/8" and 3/:' $661 $794 $926 $1058 Single Family /Duplex 1" $841 $1009 $11 77 $1345 Single Family /Duplex 1 -1/2" $909 $1091 $1273 $1455 Single Family /Duplex 2" $965 $11 58 $1352 $1545 Single Family /Duplex (Lifeline) $3305 $397 $463 $529 Multi Family 5/8" x3/4" $1093 $13 11 $1530 $1748 Multi Family 1" $1631 $1837 $2143 $2449 Multi Family 1 -112" $2335 $2802 $3269 $3736 Multi Family 2" $5237 $6284 $7331 $837 Multi Family 3" $17800 $213,60 $249,20 $284,80 Multi Family 4" $24493 $293 91 $34290 $39188 Commercial West of Sepulveda 5/8" x 3 /s' $780 $936 $1092 $1248 1" $1947 $2336 $2726 $31 15 1 -1/2" $3585 $4302 $5019 $573 $9450 $11341 $13231 $151 21 3" $17516 $21020 $24523 $28026 4" $74847 $89817 $1,04786 $1,19756 Industrial West of Sepulveda 518" x 3 /d' $647 $776 $906 $1035 1" $875 $1050 $1225 $1399 1 -112" $2526 $3031 $3537 $4042 2" $7712 $9254 $10797 $12339 3" $19332 $231 98 $27065 $30931 4" $27466 $32959 $38452 $43945 Institutional 5/6" x 3/4" $611 $733 $856 $978 1" $968 $1162 $1355 $1549 1 -112" $1473 $1768 $2062 $2357 2" $2234 $2680 $31 27 $3574 3" $5539 $6647 $7755 $8863 4" $6560 $7872 $91 84 $10495 6" $31682 $38019 $44355 $50692 Refinery 5/8" x 3/i' $412 $494 $576 $658 1" $587 $704 $822 $939 1 -112' $7804 $9365 $10926 $124 87 $49679 $596 15 $69551 $79487 3" $500001 $60000 $70000 $80000 Page 4 of 7 Service Charge (Monthly) Customer Type and Water Meter Size Existing Service Charges Proposed 2006 -2007 Service Charges Proposed 2007 -2008 Service Charges Proposed 2008 -2009 Service Charges Single Family /Duplex 5/8" and 3/4" $2.13 $292 $371 $449 Single Family /Duplex 1" $256 $350 $445 $539 Single Family /Duplex 1 -1/2" $277 $380 $482 $584 Single Family /Duplex 2" $299 $409 $519 $629 Single Family /Duplex (Lifeline) $1 065 $146 $1 86 $225 Multi Family 5/8" x 3/4" $341 $467 $593 $719 Multi Family 1" $480 $657 $834 $1011 Multi Family 1 -1/2" $725 $993 $1260 $15 27 Multi Family 2" $1600 $21 90 $2780 $3369 Multi Family 3" $5548 $7592 $9636 $11680 Multi Family 4" $7468 $10220 $12971 $15723 Commercial West of Sepulveda 5/8" x 3/4" $235 $321 $408 $494 1" $608 $832 $1056 $1286 1 -1/2" $1067 $1460 $1853 $2246 2" $2774 $3796 $48 18 $5840 3" $5975 $81 76 $10377 $12578 4" $22405 $30659 $38914 $471 68 Industrial West of Sepulveda 5/8" x 3/4" $213 $292 $371 $449 1" $256 $350 $445 $539 1 -1/2" $790 $1080 $1371 $1662 2" $2347 $3212 $4077 $4941 3" $5975 $81 76 $10377 $12578 $8535 $11680 $148 24 $17969 Institutional 5/8" x 3/4" $213 $292 $371 $449 1" $299 $409 $519 $6 29 1 -1/2" $448 $613 $778 $9 43 2" $640 $876 $11 12 $1348 3" $1707 $2336 $2965 $3594 4" $21 34 $2920 $3706 $4492 6" $9602 $131 40 $16677 $20215 Refiner 5/8" x 3/4" $213 $292 $371 $449 1" — $256 $350 $445 $539 1 -112" $21 34 $2920 $3706 $4492 2" $14937 $20439 $25942 $31445 3" $17070 $23359 $296 48 $359 37 Commercial East of Sepulveda 5/8" x 3/4" $213 $292 $371 $4 49 1" $235 $321 $408 $4.94 1 -1/2" $1494 $2044 $25 9 $31 45 2" $4268 $5840 $7412 $8984 3" $5975 $81 76 $10377 $125781 Page 5 of 7 Service Charge (Monthly) Customer Type and Water Meter Size Existing Service Charges Proposed 2006 -2007 Service Charges Proposed 2007 -2008 Service Charges Proposed 2008 -2009 Service Charges 4" $9602 $131 40 $16677 $20216 6" $24539 $33579 $42620 $51660 Industrial East of Seoulveda $022 $031 $041 $050 5/8" x 3/4" $235 $321 $408 $494 1" $587 $803 $1019 $1235 1 -112" $1067 $1460 $18 53 $2246 2" $23,47 $3212 $4077 $4941 3" $9602 $13140 $16677 $20215 4" $14937 $20439 $25942 $31445, 6" 1 $405421 $554791 $704 1 $853521 Quantity Charges (Monthly - Per Hundred Cubic Feet Consumed) Customer Type and Water Meter Size Existing Quantity Charges Proposed 2006 -2007 Quantity Charges Proposed 2007 -2008 Quantity Charges Proposed 2008 -2009 Quantity Charges Single Family /Duplex 5/8" and 3/4" $022 $031 $041 $0 50 Single Family/Duplex 1" $022 $031 $0 41 $0 50 Single Family /Duplex 1 -1/2" $022 $031 $041 $050 Single Family /Duplex 2" $022 $031 $041 $0 50 Single Family /Duplex (Lifeline) $011 $0155 $0205 $025 Multi Family 5/8" x 314" $026 $038 $050 $0 62 Multi Family 1" $026 $038 $050 $062 Multi Family 1 -1/2" $026 $038 $060 $0 62 Multi Family 2" $026 $038 $0 50 $0 62 Multi Family 3" $026 $038 $050 $062 Multi Family 4" $026 $038 $050 $0 62 Commercial West of Sepulveda 5/8" x 3/4" $031 $044 $058 $071 1" $031 $044 $0 58 $0 71 1 -112" $031 $044 $0 58 $0 71 2" $031 $044 $0 58 $071 3" $031 $044 $058 $071 $031 $044 $058 $071 Industrial West of Se ulveda 5/8" x 3/4" $031 $044 $058 $0 71 1" $031 $044 $058 $0 71 1 -1/2" $031 $044 $058 $071 2" $0 31 $044 $058 $071 3" $031 $044 $058 $071 4" $031 $044 $058 $0 71 Institutional 5/8" x 3/4" $026 $038 $050 $062 1" $026 $038 $050 $062 1-112" $026 $038 $0 50 $0 62 2" $026 $038 $050 $062 38 $0 50 $062 Page 6 of 7 Quantity Charges (Monthly • Per Hundred Cubic Feet Consumed) Customer Type and Water Meter Size Existing Quantity Charges Proposed 2006 -2007 Quantity Charges Proposed 2007 -2008 Quantity Charges Proposed 2008 -2009 Quantity Charges 4" $026 $038 $050 $062 6" $026 $038 $0 50 $062 Refinery 518" x 3/4" $0 31 $044 $058 $071 1" $031 $044 $058 $071 1 -1/2" $031 $044 $058 $0 71 2" $031 $044 $058 $071 3" $031 $044 $058 $0 71 Commercial East of Sepulveda 5/8" x 3/4" $031 $044 $058 $071 1" $031 $044 $058 $0 71 1 -112" $031 $044 $058 $071 2" $031 $044 $058 $071 3" $0 31 $044 $058 $071 4" $031 $044 $058 $071 6" $0 31 $044 $0 58 $0 71 Industrial East of Sepulveda 5/8" x 3/4" $031 $044 $068 $0 71 1" $031 $044 $058 $071 1 -1/2" $031 $044 $058 $0 71 2" $031 $044 $058 $071 3" $0 31 $044 $0 58 $0 71 4" $0311 $0441 $0 58 $071 6" $0311 $0441 $0581 $0 71 End of Wastewater Rate Schedule Page 7 of 7