HomeMy WebLinkAbout1991-360
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RESOLUTION NO. 91-360
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION
NO. 89-510 ENTITLED IN PART "RESOLUTION..... ESTABLISHING SEWER
CONNECTION AND INSPECTION FEES...." TO AUTHORIZE AN INCREASE IN
THE SEWER CONNECTION FEE DESIGNATED FOR CONSTRUCTION AND
IMPROVEMENTS OF THE WASTEWATER TREATMENT PLANT TO CONNECT TO THE
CITY'S SEWER, EFFECTIVE OCTOBER 1, 1991.
WHEREAS, Article VIII, Section 134 of the City Charter,
empowers the Mayor and Common Council to set user charge fees for
the equitable distribution of all costs associated with the
wastewater collection and treatment system; and
WHEREAS, the current rates set forth in Resolution No. 89-510,
Section 1, Subsection C, are not sufficient to cover the costs of
upgrading and operating the treatment facilities; and
WHEREAS, a Draft Revenue Program and a Sewer and Water
Financing Plan were prepared to evaluate the capital charges and
user fees necessary to generate needed revenues to upgrade the
treatment facility to achieve compliance with federal and state
regulations; and
WHEREAS, these were available for public inspection and review
ten (10) days prior to this public hearing and notice was given in
compliance with Government Code Section 54992; and
WHEREAS, a public hearing, noticed pursuant to and in
compliance with Government Code Section 54944.1 and 6062a, was held
at a regularly scheduled meeting of the Mayor and Common Council;
and
WHEREAS, the Mayor and Common Council finds as follows:
a) The City is operating under a cease and desist order
issued in July 1988, by the California Regional Water
R~SO~UTION FIXING-AND ESTABLISHING CHARGES FOR SERVICES AND FACiLI~IES FURNISHE
BY THE CITY SEWERAGE COLLECTION AND TREATMENT SYSTEM FOR USERS LOCATED BOTH IN-
SIDE AND OUTSIDE THE INCORPORATED CITY LIMITS.
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b)
c)
Quality Control Board to improve the quality of effluent
discharged to the Santa Ana River; tertiary treatment is
required to remove the odor.
The city received a cease and desist order in April 1990
requiring an upgrade in treatment plant facilities to
reduce the levels of ammonia and nitrates in the
effluent.
The current sewer user charges and connection charges
were adopted in October 1983 and have not since changed.
d)
John Carollo Engineers prepared the 1987 Focused
Facili ties Master Plan, and updates, identifying the
capital projects necessary for compliance.
e)
The sewer capacity fee for connection to the Wastewater
Treatment Plant will be charged to new users to cover the
capital project costs, including financing costs, for
both expanding, upgrading, and improving the system.
f)
The sewer user charges will provide a monthly source of
revenue for operation and maintenance costs, long-term
debt service, depreciation of facilities, and replacement
costs.
g)
Users will be charged equitably based on the quantity of
flow, BOD loading, and suspended solids loading.
Loadings will be determined by sampling; flows will be
determined by actual meter readings.
h)
It is appropriate and necessary to provide for wastewater
collection and treatment in the city; new facilities must
be constructed to meet regulatory requirements; and new
development has not contributed its fair share toward the
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ESOJ:;UTION FIXING'AND ESTABLISHING CHARGES FOR SERVICES AND FACI'LITIES EURNISHED
Y THE CITY SEWERAGE COLLECTION AND TREATMENT SYSTEM FOR USERS LOCATED BOTH IN-
IDE AND OUTSIDE THE INCORPORATED CITY LIMITS.
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cost of these facilities.
i)
The facts and evidence presented establish that there is
a reasonable relationship between the need for the
described pUblic facilities and the impacts of new
development planned, for which the corresponding fee is
charged, and there is a reasonable relationship between
the fees' use and the type of development for which the
fee is charged, as these reasonable relationships or
nexus are described in more detail in the studies
referenced.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 89-510, Section 1, Subsection C, is
amended to read:
"c. Each application for a permit to connect any property
with a public sewer shall be accompanied by a connection fee
designated for construction and improvement of the Wastewater
Treatment Plant, to provide additional capacity to meet increased
demand, which fee shall be transmitted to the Water Department, in
an amount as follows:
1. Residential - for each single family house and for each
dwelling unit in a duplex or triplex in accordance with
the following schedule:
EFFECTIVE DATE AMOUNT
October 1, 1991 $3,080 per dwelling unit
October 1, 1992 $3,390 per dwelling unit
October 1, 1993 $3,730 per dwelling unit
October 1, 1994 $4,100 per dwelling unit
October 1, 1995 $4,510 per dwelling unit
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KESOLUTION FIXING 'AND ESTABLISHING CHARGES FOR SERVICES AND FActL1TIES JURNISHE
BY THE CITY SEWERAGE COLLECTION AND TREATMENT SYSTEM FOR USERS LOCATED BOTH IN-
SIDE AND OUTSIDE THE INCORPORATED CITY LIMITS.
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2.
Multiple residential and non-residential - for multiple
dwellings in excess of three units, mobile home parks,
hotels and commercial,
institutional and
motels,
industrial connections, and any other type of connection,
the General Manager of the Water Department shall
estimate the amount of sewage effluent resulting from the
connection and shall set the fee at a rate per gallon per
day of estimated effluent in accordance with the
following schedule:
EFFECTIVE DATE AMOUNT
October 1, 1991 $10.95
October 1, 1992 $12.05
October 1, 1993 $13.25
October 1, 1994 $14.60
October 1 , 1995 $16.05
3.
The General Manager's estimate may be appealed to the
Board of Water Commissioners, which shall hear and
determine the matter. The decision of the Board shall be
final."
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20 be used to pay for the public facilities described in the Focused
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SECTION 2.
The fees collected through this "resolution" shall
Facilities Master Plan to be constructed by the Water Department,
22 and for the development's fair share of those capital improvements
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already constructed by the Water Department.
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I HEREBY CERTIFY that the foregoing resolution was duly
25 adopted by the Mayor and Common Council of the City of San
26 Bernardino at a
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T,:.qll1;aT
meeting thereof, held
day of Allqll~t-
, 1991, by the following
on the
I:)t-h
28 vote to wit:
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ESOLUTION FIXING AND ESTABLISHING CHARGES FOR SERVICES AND FACI~~TIES'FURNISHED
Y THE CITY SEWERAGE COLLECTION AND TREATMENT SYSTEM FOR USERS LOCATED BOTH IN-
IDE AND OUTSIDE THE INCORPORATED CITY LIMITS.
Council Members: AYES NAYS ABSENT ABSTAIN
ESTRADA x
REILLY x
HERNANDEZ x
MAUDSLEY x
MINOR x
POPE-LUDLAM x
MILLER x
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22 By:
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~I~R~
The foregoing resolution is hereby approved this 7th
day
, 1991.
of
Auqust
APPROVED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN
City Attorney
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