ORDINANCE 1435ORDINANCE NO. 1435
AN ORDINANCE SETTING THE AMOUNT OF WATER 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 follows:
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
residents of the City of El Segundo and to pay for the cost of providing
such service.
C. There is a reasonable relationship between the amount of the rates
and charges and the cost of services and facilities necessary to deliver
water service to the residents and non - residential development of the City.
D. 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 1403 (adopted
January 6, 2007).
E. Notice regarding the water rates included in this ordinance was
provided in accordance with California Constitution Article XIIID, § 6(c)
and Government Code § 54354.5.
F. On November 3, 2009, the City Council held a public hearing to
consider the results of the protest proceeding and to consider whether to
increase the water 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
from further CEQA review under Cal. Code Regs. tit. 14, § 15273.
Page 1 of 5
H. This ordinance is adopted in accordance with Health and Safety Code
§ 5471 and El Segundo Municipal Code ( "ESMC ") § 11 -1 -5 to establish
the City's current water rates.
I. 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 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 § 11 -1-
5, the City Council establishes amount of water rates as set forth in attached
Exhibit 'A" which is incorporated by reference ( "Water Charges ").
SECTION 3. COST ESTIMATES. The City Manager, or designee, will
periodically, but not less than annually, review the Water Charges to determine
whether revenues from such charges are meeting actual cost of services and
facilities needed to deliver water service 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. Velil (2006) 39 Cal.4tn
205. To the extent any provision of this Ordinance repeals or supersedes
Ordinance No. 1403, 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. 1403 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 5
SECTION 7. This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this 17th day of November, . 2009.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
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. 1435 was duly introduced by said City Council
at a regular meeting held on the 3rd day of November, 2009, 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
the17th day of November, 2009, and the same was so passed and adopted by
the following vote:
AYES: McDowell, Busch, Brann, Fisher, Jacobson
NOES: None
ABSENT: None
ABSTAIN: None Q
Cindy Mo .sen, City Clerk Ar
APPROVED AS
Mark D. Henslo�
I
By:
YH. K/erger, A si ant City Attorney
Page 3of5
Recommended Caoacity Charges (Monthly)
n mmended cnnsumotion Charcies' ($1100 Cubic Feet)
Water Used (100
Cubic Feet
Existing
Proposed
2009 -2010
Proposed
2010 -2011
Proposed
2011 -2012
Proposed
2012 -2013
Proposed
2013 -2014
Proposed
2014 -2015
0 -5
5
Meter Size
2008 -2009
$9.34
$7.34
$7.70
$8.09
$ 8.49
$8.92
$9.36
518" x 314" and 314"
518 "x314 "and 314"
$4.67
$3.67
$3.85
$4.04
$4.25
$4.46
$4.68
Lifeline
$18.64
$16.64
$17.47
$18.34
$19.26
$20.22
$21.23
1..
$9.32
$8.32
$8.73
$9.17
$9.63
$10.11
$10.62
1" Lifeline
$23.87
$21.87
$22.96
$24.11
$25.32
$26.58
$27.91
1 -112"
$40.62
$38.62
$40.55
$42.58
$44.70
$46.94
$49.29
2..
88.93
$86.93
$91.28
$95.85
$100.64
$105.67
$110.95
3"
56.25
$154.25
$161.96
$170.06
$178.56
$187.49
$196.86
4"
1$347.55
$288.38
$302.80
$317.94
$333.84
$350.53
$368.06
8"
09.27
$505.55
$530.83
$557.37
$585.24
$614.50
$645.22
8•.
53.21
$790.94
$830.49
$872.01
$915.61
$961.39
$1,009.46
10"
$1,372.49
$1,138.84
$1,195.79
5.57
5
$1,384.27
$1,453.48
12"
$2,437.08
$2,022.20
$2,123.31
L$22,229.48
5
�$3,656
$2,458.00
$2,580.90
16"
$3,806.30
$3,158.33
$3,316.25
$3,482.06
6
$3,838.97
$4,0 30.92
Y0"
n mmended cnnsumotion Charcies' ($1100 Cubic Feet)
Water Used (100
Cubic Feet
Existing
2008 -2009
$1.4533
$1.4533
Proposed
2009 -2010
$1.4533
$1.9533
Proposed
2010 -2011
$1.5143
$2.0353
Proposed
2011 -2012
$1.5779
$2.1208
Proposed
2012 -2013
$1.6442
$2.2099
Proposed
2013 2014
$1.7133
$2.3027
Proposed
2014 -2015
$1.7852
$2.3994
0 -5
5
-10
10 -15
$1.4533
$2.4533
$2.5563
$2.6637
$2.7756
$2.8922
$3.4816
$3.0136
$3.6278
15 -20
$1.4533
$2.9533
$3.0773
$2.5008
$3.2066
$2.6058
$3.3413
$2.7153
$2.8293
$2.9482
20 -30
$1.5988
$1.5988
$2.4000
$2.5000
$2.6050
$2.7144
$2.8284
$2.9472
$3.0710
30 -50
50
$1.6786
$2.6000
$2.7092
$2.8230
$2.9416
$3.0651
$3.1938
-100
Over100
$1.7590
$2.6500
$2.7613
$2.87731
$2.9981
$3.1240
$3.2553
* Subject to higher adjustments per West Basin Municipal Water District increases that
are passed through to the City based upon West Basin's increased costs in operations and
water purchase imposed after adoption of these rates.
oe..nmmended cnnsumotion Charges- Lifeline" ($1100 Cubic Feet)
Water Used (100
„vExisting
Proposed
Proposed
Proposed
Proposed
Proposed
Cubic Feet
2008 -2009
2009 -2010
2010 -2011
2011 -2012
2013 -2014
2014 -2015
0 5
$0.7267
$0.7267
$0.7572
$0.7890
%$3.3413
$0.8566
$0.8926
5 -10
$1.3908
$0.9767
$1.0177
$1.0604
$1.1514
$1.1997
10 -15
$1.3908
$2.4533
$2.5563
$2.6637
$2.8922
$3.0136
15 -20
$1.3908
$2.9533
$3.0773
$3.2066
$3.4816
$3.6278
20 -30
$1.5988
$2.4000
$2.5008
$2.6058
$2.7153
$2.8293
$2.9482
30 -50
$1.5988
$2.5000
$2.6050
$2.7144
$2.8284
$2.9472
$3.0710
50
$1.6786
$2.6000
$2.7092
$2.8230
$2.9416
$3.0651
$3.1938
-100
Over100
$1.7590
$2.6500
$2.7613
$2.8773
$2.9981
$3.1240
$3.2553
* Subject to higher adjustments per West Basin Municipal Water District increases that
are passed through to the City based upon West Basin's increased costs in operations and
water purchase imposed after adoption of these rates.
Page 4 of 5
Recycled Water
The City's current agreement with WBMWD allows the City to charge only $0.3056 per
100 cubic feet (748 gallons) of recycled water sold to El Segundo customers on top of the
actual cost of the water. The City's Agreement with Chevron Products Company, allows
the recycled water markup to be increased up to the same percentage increase it increases
the potable water charges, rates or surcharges to other purchasers of potable water. The
recycled water markup for Chevron Products Company for the FY 2009 -2010 through
FY 2014 -2015 is shown in the table below:
T _ ___.l _.I ♦II.. L.... �/T tf N�I7771
Unit of
Recycle
water
100 CF
Recommended Fire Service Charges (Monthly)
J AG-- V
Proposed
2010-
V- - -- -I---
Proposed
2011-
----
Proposed
2012-
Existing
Proposed
Proposed
Proposed
Proposed
Proposed
2013
Proposed
2014 -2015
arSize
2008 -2009
2009 -2010
2010 -2011
2011 -2012
2012 -2013
-2014
$48.37
2"
$39.90
$37.90
$39.80
$41.78
$43.87
$46.07
$59.85
$57.85
$60.74
$63.78
$66.97
$70.32
$73.83
3"
$79.81
$77.81
$81.70
$85.79
$90.07
$94.58
$99.31
4"
V
$119.71
$117.71
$123.60
$129.78
$136.26
$143.08
$150.23
81v
$159.61
$157.61
$165.49
$173.77
$182.45
$191.58
$201.15
10"
$199.53
$197.53
$207.41
$217.78
$228.67
$240.10
$252.10
Recycled Water
The City's current agreement with WBMWD allows the City to charge only $0.3056 per
100 cubic feet (748 gallons) of recycled water sold to El Segundo customers on top of the
actual cost of the water. The City's Agreement with Chevron Products Company, allows
the recycled water markup to be increased up to the same percentage increase it increases
the potable water charges, rates or surcharges to other purchasers of potable water. The
recycled water markup for Chevron Products Company for the FY 2009 -2010 through
FY 2014 -2015 is shown in the table below:
T _ ___.l _.I ♦II.. L.... �/T tf N�I7771
Unit of
Recycle
water
100 CF
Page 5 of 5
I.HVVI "UU
Proposed
2009-
J AG-- V
Proposed
2010-
V- - -- -I---
Proposed
2011-
----
Proposed
2012-
-
Proposed Proposed
2013- 2014-
Existing
2008-
2009
2010
2011
2012
2013
2014 2015
Markup
Marku
Markup
Markup
Markup
Markup Mar up
0.3056
0.5614
0.5850
1 0.6096
1 0.6352
1 0.6618 0.6896
Page 5 of 5
CITY OF EL SEGUNDO
AFFIDAVIT OF POSTING:
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF EL SEGUNDO }
ORDINANCE NO. 1435
AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND
CHARGES PURSUANT TO HEALTH AND SAFETY CODE SECTION
5471 AND EL SEGUNDO MUNICIPAL CODE SECTION 11 -1 -5.
I, Cathy Domann, declare as follows:
That I am the Deputy City Clerk, acting as a Secretary to the El Segundo City
Council; that a copy of the document listed above for the meeting of November 17, 2009
was posted at the following conspicuous place, City Hall Front Window, November 18,
2009, at 5:05 P.M.
I declare under the penalty of perjury that the foregoing is true and correct.
November 18, 2009.
1
(Signature