HomeMy WebLinkAboutOrdinance No. 02-O20
Ordinance No.
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ORDINANCE NO. 02-02
0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
AMENDING CHAPTER 2-469 OF THE AZUSA MUNICIPAL CODE RELATING TO
SEWER SERVICE FEES AND FEE COLLECTIONS
WHEREAS, the City of Azusa ("City") has an aging sanitary sewer system which
requires preventative maintenance, rehabilitation, and an adequate sewer main capital
replacement fund; and
WHEREAS, sewer service fees are the most practical and equitable means of
providing for necessary sewer maintenance, rehabilitation and capital replacements; and
WHEREAS, the City has caused to be prepared a sewer masterplan ("Study") that
contains an analysis of the future needs of the City in order to maintain a safe and
operational sanitary sewer system that meets the future needs of the residents and
businesses of the City. A copy of the Study is attached hereto as Exhibit "A'; and
WHEREAS, said Study contains an estimate of the total cost of upgrading deficient
sewer lines, providing for the replacement of deteriorated lines and providing for sufficient
equipment and operating reserves; and
WHEREAS, the findings contained herein are based upon the information contained
in the Study; and
WHEREAS, the City Council of the City of Azusa ("City Council") finds, with respect
to the revenue derived from the increased fees and charges, that: (1) there is a reasonable
relationship between the use of the fees and charges increased herein and the services for
which they are imposed and this relationship is more fully documented in the Study; (2) the
revenue derived from the increased fees and charges does not exceed the amount
necessary to provide the services; (3) the increased fees and charges shall not be used for
any other purpose than that for which the fees and charges are imposed; (4) the increased
fees and charges do not exceed the proportional cost of the services attributable to each
customer; and (5) the increased fees and charges are not levied for general governmental
purposes. Said apportionment of fees is fair and equitable and insures a reasonable
relationship based upon the amount of fee and the amount of sanitary sewer use; and
WHEREAS, all fees discussed in Section 1 will be increased by an initial ten percent
and a four percent base over the next eleven years. Such yearly increases do not exceed
the reasonable costs needed for preventive maintenance, rehabilitation, and the provision
of an adequate sewer main capital replacement fund as reflected in the Study; and
WHEREAS, at least one copy of the Study and calculations justifying the increase in
service fees was available for public inspection at the Office of the City Clerk fourteen (14)
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days preceding the public hearing, pursuant to Government Code 54992. A general
explanation of these fees was mailed to all parties who filed written requests for mailed
notice and newspaper publication was provided at least ten (10) days prior to the hearing;
and
WHEREAS, the revenues derived from these fees shall be placed in a separate fund
to be used only for the construction, reconstruction, maintenance and operations of
sanitation and sewage facilities (including street sweeping operations); and
WHEREAS, the City Council finds and determines that amendment of section 2-469
of the Azusa Municipal Code is both statutorily and categorically exempt from the provisions
of the California Environmental Quality Act ("CEQA") (Pub. Resources Code § 21000 et.
seq.) and that no significant environmental impacts will occur. Amendment of the above
sections of the Azusa Municipal Code is statutorily exempt under the 'Rates, Tolls, Fares
and Charges" exemption contained in Public Resources Code Section 21080. This
ordinance sets fees to maintain existing sewers and sewage service in accordance with
Health and Safety Code Section 5470. The above described amendment is also
categorically exempt under the 'Replacement or Reconstruction" exemption contained in
State CEQA Guidelines Section 15302.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF Azusa DOES ORDAIN
AS FOLLOWS:
to read:
SECTION 1. Section 13.010 of the City of Azusa Municipal Code is amended
"13.08.010 Fees Established — Schedule.
A. Pursuant to the authorization contained in Section 5470 et seq. of the
California Health and Safety Code, the following fees are hereby established, prescribed,
and imposed for payment to the City for services and facilities furnished by the City in
connection with its sanitary sewerage system, including street sweeping operations. These
fees are established as a fixed cost per year and may be billed annually, semi-annually,
quarterly, bi-monthly or monthly as determined by the Utilities Director. The rates shown will
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be further increased by four percentage points effective July 1, 2003, and annually
thereafter including July 1, 2012.
CLASSIFICATION
(a) Single-family residences (includes PUDs',
duplexes, triplexes, fourplexes, condominiums
and apartments).
(b) Commercial
(c) Industrial
(d) Laundromat/Car Wash
(e) If not connected to public sewer
(f) Low Income discount
Note: One (1) CCF equals one hundred cubic feet of water.
SEWER SERVICE FEE/MONTH
$5.69
per dwelling unit
$7.32/unit +
$0.069 per CCF water used
$8.93/unit +
$0.069 per CCF water used
12.19/unit +
0.069 per CCF water used
$1.50 discount
per unit
$0.75/unit
SECTION 2. The Mayor shall sign this Ordinance and the City Clerk shall
attest and certify to the passage and adoption of it, and within fifteen (15) days, publish in
a newspaper of general circulation, printed, published, and circulated in the City of Azusa
and thirty (30) days thereafter it shall take effect and be in force.
Ordinance No.
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PASSED, APPROVED, AND ADOPTED this 7th day of January, 2002.
Mayor, City of Azusa
ATTEST:
�i
City Clerk, City of Azusa
APPROVED AS TO FORM:
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City Attorney, City of Azusa
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AZUSA
1, VERA MENDOZA, City Cleric of the City of Azusa do hereby certify that the
foregoing Ordinance No. 02-02, was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 7th day of January, 2002. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the 22nd day of January 2002, by the following vote, to wit:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA,
MADRID
NOES: COUNCILMEMBERS: CHAGNON
ABSENT: COUNCILMEMBERS: NONE
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