Resolution No. 6151 001
RESOLUTION NO. 6151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADJUSTING
SEWER SERVICE RATES ESTABLISHED BY MUNICIPAL CODE CHAPTER 22-1
FOR FISCAL YEARS 2009/2010 THROUGH 2013/2014
WHEREAS, in 2006, the State Water Resources Control Board enacted Order
No. 2006-0003-DWQ requiring all sewerage agencies to comply with the requirements
of a new Waste Discharge Requirement (WDR); and
WHEREAS, the WDR requires many municipalities, including the City of
Cypress, to increase the level of maintenance, operations, and capital improvement and
repair to their sewer systems; and
WHEREAS, Article XIID of the California Constitution and California Government
Code Section 53755 dictate the procedures that the City of Cypress must follow to
adopt adjustments to "property related fees" such as sewer service fees; and
WHEREAS, the City manages the sewer services of the City; and
WHEREAS, City fees for services rendered are adjusted from time as necessary
and permitted under law; and
WHEREAS, the City has determined that certain existing fees for sewer services
are not sufficient to allow the City to undertake needed repairs and maintenance; and
WHEREAS, pursuant to Article XIIID, Section 6 of the California Constitution,
before the City may conduct a public hearing to increase the sewer rates charges by the
City, the City must mail to each property owner or renter subject to the fee, at least 45
days prior to such public hearing, a notice describing (a) the amount of the fee or
charge to be imposed upon each parcel, (b) the basis upon which the amount of the
proposed fee or charge was calculated, (c) the reason for the fee or charge, and (d) the
date, time, and location of a public hearing on the proposed fee or charge; and
WHEREAS, on May 26, 2009, the City's Public Works Department mailed the
required notices of the public hearing to consider the City's proposal to increase sewer
charges in accordance with California Constitution Article XIIID Section 6; and
WHEREAS, the City published said notice in The Event News, a newspaper of
general circulation in the City, on May 29, 2009; and
WHEREAS, the City Council has reviewed the notice and proposed fee
adjustment, and the reasons and basis for the adjustment of the fee; and
WHEREAS, the City Council has received and heard all objections, protest, or
other written communications from any owner (or renters) of real property subject to the
proposed adjustment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
1. The amount to be charged to each ratepayer located in the City for sewerage
services shall be based on the amount of water used and discharged into the
City's sanitary sewer system. The rate shall be calculated as follows:
(a) Effective September 1, 2009, thirty-five thousandths dollars ($0.35) per
one hundred (100) cubic feet (CCF) of water usage, except metered irrigation
usage; and
(b) Effective September 1, 2010, fifty-six thousandths dollars ($0.56) per one
hundred (100) cubic feet (CCF) of water usage, except metered irrigation usage,
and
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(c) Effective September 1, 2011, seventy-seven thousandths dollars ($0.77)
per one hundred (100) cubic feet (CCF) of water usage, except metered irrigation
usage; and
(d) Effective September 1, 2012, and again on September 1, 2013, the sewer
rate shall be increased in accordance with, and up to, the June 2012 and the
June 2013 editions, respectively, of the Construction Cost Index for the Los
Angeles area, as published by the Engineering News Record; and
(e) After the fifth year, the sewer rate may be adjusted annually by Resolution
after compliance with all applicable public hearing requirements.
NOW THEREFORE, BE IT FURTHER RESOLVED, THAT THE CITY COUNCIL
OF THE CITY OF CYPRESS DOES FIND, DETERMINE, AND RESOLVE, that the City
Council may by resolution, from time to time, revise and adjust the rate and/or amount
to be charged for sewer services.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of July, 2009.
■- e/Pr 1<rI
• ' OF .''J Y OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 13th day of July, 2009, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain, and Bailey
NOES: 1 COUNCIL MEMBERS: Luebben
ABSENT: 0 COUNCIL MEMBERS: None
OiAlAR.071
CITY CLERK OF THE CITY OF CYPRESS