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Resolution Number 14-06-17-01 RESOLUTION NO. 14-06-17-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING WATER, NON-POTABLE WATER AND SEWER COMMODITY AND SERVICE CHARGES WHEREAS, the City of San Juan Capistrano provides water, non-potable water and sewer service to its customers; and WHEREAS, the City Council imposes rates and charges on water, non- potable water and sewer customers to fund ongoing operational and debt service costs of the Water, Non-Potable Water and Sewer Enterprises, pay for repairs and capital improvements needed to meet demands on the water system, and to maintain adequate emergency and debt service reserves; and WHEREAS, the City of San Juan Capistrano last revised its Schedule of Water and Sewer Rates and Charges on February 2, 2010; and WHEREAS, Raftelis Financial Consultants, Inc. prepared on behalf of the City a Comprehensive Water, Non-Potable Water, and Sewer Rate Study, dated April 22, 2014, ("Rate Study") which evaluated the Water, Non-Potable Water and Sewer Enterprises' financing and capital facilities needs, determined the funds needed to adequately finance the operations, capital improvements and debt obligations for the Water, Non-Potable Water and Sewer Enterprises, reasonably allocated the Water, Non-Potable Water and Sewer Enterprises' projected revenue requirements to the various customer classes in accordance with their respective service requirements, and recommended a suitable schedule of service charges and water rates that is designed to produce revenues adequate to meet the Water, Non- Potable Water and Sewer Enterprises' financial needs in accordance with estimated reasonable customer costs of service, which schedule is attached to this Resolution as Exhibit A and incorporated herein by this reference; and WHEREAS, the Rate Study recommends revisions to the customer classification codes, allocations, and fixed monthly service charges as more particularly identified in the Rate Study, and the administration of which is described in the document "Customer Classifications and Allocation Policies," attached to this Resolution as Exhibit B and incorporated herein by this reference; and WHEREAS, in accordance with California Constitution, Article 13D, Section 6 and Government Code Section 53755, notice of a public hearing to consider the proposed adjustments in water, non-potable water and sewer rates and charges and containing such information required to be included pursuant to California law (the "Proposition 218 Notice") was mailed on May 2, 2014, to all record owners of affected property to the addresses as they appear on the latest equalized assessment roll and 1 to all water service customers located on the affected parcels at the addresses to which the City customarily mails the billing statements; and WHEREAS, pursuant to California Government Code Section 66016 notice of the time and place of a public hearing to consider adjustments to the City's rates and fees for water, non-potable water and sewer service, including a general explanation of the matter to be considered and a statement that the information required by Government Code Section 66016 has been available for public review at the City, was mailed to interested parties requesting notice at least fourteen (14) days prior to the public hearing; and WHEREAS, pursuant to California Government Code Section 66016, the City made available to the public the Rate Study and other information documenting the estimated costs required to provide water, non-potable water and sewer services for which the proposed modified rates and charges will be levied and the revenue sources anticipated to provide the services; and WHEREAS, on June 17, 2014, in accordance with applicable legal requirements, the City Council conducted a duly noticed public hearing to consider the proposed adjustments in water rates and charges set forth herein, at which public hearing written protests against the proposed adjustments in rates and charges for water, non-potable water and sewer service were accepted, and all persons wishing to present testimony for or against the proposed adjustments in rates and charges for water, non-potable water and sewer service were heard. WHEREAS, the City Council has determined that the rates and charges for potable water, non-potable water and sewer service should be modified in accord with the findings and recommendations set forth in the Rate Study, and the legislative findings herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY RESOLVES AS FOLLOWS: SECTION 1. Based upon the staff report and presentation, the Rate Study and the testimony and evidence presented at the public hearing, the City Council finds and determines as follows with respect to the proposed rates and charges for water, non-potable water and sewer service as shown in Exhibit "A" hereto: (a) The rates and charges are not imposed as a condition of approval of a development project, as defined in California Government Code Section 66001; (b) The rates and charges are established upon a rational basis between the fees charged each customer and the service and facilities provided to each customer of the City's Water, Non-Potable Water and Sewer Enterprises; 2 (c) The revenues derived from the rates and charges do not exceed the estimated reasonable cost to provide the services for which they are levied; (d) The revenues derived from the rates and charges shall not be used for any other purpose than that for which the rates and charges are imposed; (e) The rates and charges do not exceed the proportional cost of the water, non-potable water and sewer service attributable to each consumer; (f) The rates and charges are imposed on water, non-potable water and sewer services which are immediately available to the consumer; (g) The rates and charges are not levied for general governmental services; and (h) The rates and charges are not discriminatory or excessive, are sufficient under Government Code section 54515, comply with the provisions or covenants of any outstanding revenue bonds of the City payable from the revenues of the Water, Non-Potable Water or Sewer Enterprises, comply with the provisions of Title 5, Division 2, Chapter 6 of the California Government Code, and are in compliance with all other applicable law. SECTION 2. Based upon the staff report and presentation, the Rate Study U and the testimony and evidence presented at the public hearing, the City Council finds and declares that the adoption of the proposed rates and charges for water, non-potable water and sewer service do not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") and are exempt from CEQA under Public Resources Code Section 21080(b)(8) and State CEQA Guidelines §§ 15378(b)(4) and 15273, because the proposed rates and charges: (a) involve the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; and (b) are for the purposes of meeting operating expenses (including employee wage rates and fringe benefits), purchasing or leasing supplies, equipment or materials, meeting financial reserve needs and requirements, and obtaining funds for capital projects necessary to maintain the level of service within the City's existing boundaries. SECTION 3. The City Council finds and determines that written protests against the proposed adjustments in rates and charges for water, non-potable water and sewer service were not presented by a majority of the property owners, as the total number of parcels of real property that would be subject to the proposed rates charges as shown on the last equalized assessment roll of Orange County totals 13,843 parcels and the City received a total of 349 written protests against the proposed rates and charges. 3 SECTION 4. The City Council of the City of San Juan Capistrano does hereby adopt the water, non-potable water and sewer rate adjustments as recommended by the Rate Study, and more particularly set forth in Exhibit "A" attached and incorporated herein by reference. SECTION 5. The City Council of the City of San Juan Capistrano does hereby adopt the "Customer Classifications and Allocation Policies," as set forth in Exhibit "B" attached and incorporated herein by reference. SECTION 6. The adopted rates and charges for water, non-potable water and sewer service, as set forth in Exhibit "A" hereto, and the Customer Classification and Allocation Policies, attached as Exhibit "B" hereto, shall become effective as of July 1, 2014. PASSED, APPROVED, AND ADOPTED this 17th day of June 2014. SA ALLEVATO, MAYOR JRMA �, C_ITYC ` R 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 14-06-17-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 17th day of June 2014, by the following vote: AYES: ILMEMBERS: Taylor, Kramer and Mayor Allevato NOES: CILMEMBERS: Byrnes and Reeve ABSEN1� f CIL MEMBER: None MARIA R I tify er u 5 City of San Juan Capistrano Schedule of Potable Water Rates and Charges Effective July 1, 2014, through July 1, 2018 Monthly Service Charges ($ per month) _._ _, - _ 7 _ - - - . 518" or 3/4 " $22.05 $23.16 $24.32 $25.54 $26.82 1" $30.74 $32.28 $33.90 S35.60 537.38 1 112" $43.68 $45.87 $48.17 $50.58 $53.11 2" $67.33 $70.70 $74.24 $77.96 $81.86 -- 3" $202.14 $212.25 $222.87 $234.02 $245.73 4" $284.84 $299.09 $314.05 $329.76 $346.25 6" $495.98 $520.78 $546.82 $574.17 $602.88 8" $846.94 S889.29 $933.76 $980.45 $1,029.48 Fireline $65.19 $68.45 $71.88 $75.48 $79.26 up to 6" -- ----- - Fireline $138.92 $145.87 $153.17 $160.83 $168.88 8" and larger __ Construction $202.14 $212.25 $222.87 $234.02 $245.7 Potable Water Volumetric Rates ($ / ccf) (Billing Unit is 1 ccf = 100 cubic feet = 748 gallons) , . . Tier 1 - Essential Use $3.41 $3.59 $3.77 $3.96 $4.16 Tier 2 - Efficient Use $475 $4.99 $5.24 $5.51 $5.79 Tier 3- Inefficient Use $5.15 $5.41 $5.69 $5.98 $6.28 Tier 4- Excessive Use $5.15 $5.41 $5.69 $5.98 $6.28 EXHIBIT A Page 1 6 City of San Juan Capistrano Schedule of Non-Potable Water Rates and Charges Effective July 1, 2014, through July 1, 2018 Monthly Service Charges ($ / month) Meter Size 711/14 711116 7/1116 5/8" or 314" $22.05 $23.16 $24.32 $25.54 $26.82 1" $30.74 $32.28 $33.90 $35.60 $37.38 1 1/2" $43.68 $45.87 $48.17 $50.58 $53.11 2" $67.33 $70.70 $74.24 $77.96 $81.86 3" $202.14 $212.25 $222.87 $234.02 $245.73 4" $284.84 $299.09 $314.05 $329.76 $346.25 6" $495.98 $520.78 $546.82 $574.17 $602.88 8" $846.94 $889.29 $933.76 $980.45 $1,029.48 Fireline $65.19 $68.45 $71.88 $75.48 $79.26 ---up to 6" Fireline $138.92 $145.87 $153.17 $160.83 $168.88 8"and larger Construction $202.14 $212.25 $222.87 $234.02 $245.73 Non-Potable Water Volumetric Rates (S / ccf) (Billing Unit is 1 ccf = 100 cubic feet = 748 gallons) Tier 1 - Essential Use $3.53 $3.53 $3.53 $3.53 $3.53 Tier 2 - Efficient Use $3.53 $3.53 $3.53 $3.53 $3.53 Tier 3- Inefficient Use $4.20 $4.20 $4.20 $4.20 $4.20 Tier 4- Excessive Use $4.20 $4.20 $4.20 $4.20 $4.20 EXHIBIT A Page 2 7 City of San Juan Capistrano Schedule of Sewer Rates and Charges Effective July 1, 2014, through July 1, 2018 t1XV � ' g ; v�fB'! `'k '�`l. " " �if'p T. Residential ($ /month) Single Family $24.34 $24.34 $24.34 $24.34 $25.56 Residential Multi-Family $18.88 $18.88 $18.88 $18.88 $19.83 Residential _ Mobile Homes $13.42 $13.42 $13.42 $13.42 $14.10 Non-Residential j Commercial Fixed ($ / month) $10.82 $10.82 $10.82 $10.82 $11.37 Flow* ($/ccf) $2.40 / cc $2.40 / ccf $2.40 / ccf $2.40 / ccf $2.52 / ccf *Based on winter use Pool-Small ($ / month) $41.61 $41.61 $41.61 $41.61 $43.70 Pool-Large ($ 1 month) $103.25 $103.25 $103.25 $103.25 $108.42 EXHIBIT A Page 3 s