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HomeMy WebLinkAboutResolution No. 4147 - Adopting Increases to Sewer Services Rates 202624438.00403\45253805.1 Resolution No. 4147 Page 1 of 6 STATE OF CALIFORNIA ) RESOLUTION NO. 4147 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING SEWER SERVICE CHARGES, FINDING THIS ACTION IS EXEMPT FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(b)(8), AND TAKING CERTAIN ACTIONS RELATING THERETO WHEREAS, the City of San Jacinto (the “City”) owns and operates a wastewater collection system that provides sewer service to City customers, and the City partners with the Eastern Municipal Water District (“EMWD”) to process collected wastewater at EMWD's regional wastewater system for treatment and disposal; and WHEREAS, the City has engaged an independent rate consultant to prepare the City of San Jacinto Sewer Rate Study, dated June 2026 (the “Rate Study”), which has been made publicly available on the City’s website and is on file in the City Clerk’s Office and incorporated herein by this reference, to analyze the costs of providing sewer service to City customers; and WHEREAS, the Rate Study determined the City must increase its sewer service charges (“Sewer Charges”) in order to keep pace with the costs of providing sewer service; and WHEREAS, the Sewer Charges consist of one of two rate methodologies: 1) a monthly fixed charge for all residential customers and certain non -residential customers (e.g., commercial single and multi-unit, certain churches, hotels, and Park Hill Elementary School) charged per equivalent dwelling u nit (“EDU,” 1 EDU is defined as a standard single family residential property served by a ¾” meter) regardless of usage, or 2) a volumetric charge per 100 cubic feet of water use (100 cubic feet = 748 gallons or 1 unit of water) as determined by the City’s water utility, for certain non-residential customers (e.g., certain churches, all restaurants, commercial/industrial, and all schools except Park Hill Elementary School); and WHEREAS, customers are subject to only the monthly fixed charge or the volumetric charge, but not both, based on property class as noted above; and WHEREAS, in addition to imposing increases to the City’s Sewer Charges for collection and transmission of wastewater, EMWD imposes charges for treatment and disposal of customer wastewater; and WHEREAS, although all customers are subject to both the City’s Sewer Charges and the EMWD charges, the manner in which those charges are collected depends on whether or not the customer is also a customer of the City’s water system: 1) for City water customers, the EMWD charges will be included in the City’s utility bill; and 2) for Docusign Envelope ID: F99E06CE-4204-8763-83D9-EC47840D01A5 24438.00403\45253805.1 Resolution No. 4147 Page 2 of 6 non-City water customers, EMWD will bill directly and include the City’s Sewer Charges for collection in the EMWD utility bill; and WHEREAS, the City does not control EMWD’s charges for wastewater treatment and disposal, and it is possible the EMWD charges will increase by varying amounts in future years; and WHEREAS, the rate structure for the Sewer Charges is designed to proportionately allocate the cost of service to each parcel and will generate sufficient revenue to provide sewer service; and WHEREAS, revenues collected from the Sewer Charges will be used only for providing sewer service to parcels served by the City; and WHEREAS, the rates for the Sewer Charges and the EMWD charges described above are included in Exhibit “A” attached hereto; and WHEREAS, the City Council determined to hold a public hearing to consider the adoption of the increased Sewer Charges, and notices of the public hearing were mailed to the record owner of any parcel upon which the Sewer Charges are proposed for imposition, and any tenant who is directly liable for the payment of the Sewer Charges (i.e., a customer of record who is not a property owner); and WHEREAS, the notices were mailed not less than 45 days prior to the August 3, 2026 deadline for submitting valid legal objections to the proposed Sewer Charges; and WHEREAS, the City Council held a public hearing on August 4, 2026, to consider the proposed Sewer Charges, and at the public hearing the City Council considered the Rate Study, heard all oral testimony and considered all written materials and written protests concerning the adoption and imposition of, and the proposed adjustments and increases to the Sewer Charges; and WHEREAS, at the close of the public hearing, the City did not receive written protests against the establishment and imposition of the proposed Sewer Charges from a majority of the parcels subject to the proposed Sewer Charges; and WHEREAS, the City Council is authorized and has determined to approve the proposed Sewer Charges and act accordingly on the matter. NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of San Jacinto, California, as follows: SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference. Docusign Envelope ID: F99E06CE-4204-8763-83D9-EC47840D01A5 24438.00403\45253805.1 Resolution No. 4147 Page 3 of 6 SECTION 2. The City Council has evaluated and hereby approves the maximum rates for the Sewer Charges, and adopts such rates in accordance with the authority of Health and Safety Code section 5471 et seq. and all other applicable law. The City may impose the Sewer Charges up to the maximum amounts, and on the effective dates, set forth in Exhibit “A” attached hereto. SECTION 3. In accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the City Council has determined that the increases in the Sewer Charges are exempt from CEQA pursuant to Section 15378 and Section 15273 of the CEQA Guidelines and Public Resources Code section 21080(b)(8) because: (i) the increased charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services; and (ii) the charges constitute the creation of a funding mechanism/other governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The documents and materials that constitute the record of proceedings on which these findings have been based are located in the Office of the City Clerk, located at 595 S. San Jacinto Ave., San Jacinto, CA 92583. The custodian for these records is the City Clerk. SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be unconstitutional or otherwise invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted the remainder of this Resolution, including each section, subsection, sentence, clause, phrase, or portion irrespective of the invalidity of any other article, section, subsection, sentence, clause, phrase, or portion. SECTION 5. This Resolution shall take effect immediately, and that all resolutions, ordinances, or administrative actions by the City Council, or parts thereof that are inconsistent or in conflict with any provision of this Resolution are hereby superseded only to the extent of such inconsistency or conflict. SECTION 6. The City Manager, or designee thereof, is authorized to take all actions necessary or convenient to effectuate the purposes of this Resolution . PASSED, APPROVED, and ADOPTED at a Regular Meeting of the City Council on the 4th day of August, 2026, by the following vote: AYES: Ledezma, Sanchez, Ruiz NAYS: None ABSENT: None ABSTAIN: Ayala, Vandever Docusign Envelope ID: F99E06CE-4204-8763-83D9-EC47840D01A5 24438.00403\45253805.1 Resolution No. 4147 Page 4 of 6 CITY OF SAN JACINTO: _____________________________ Crystal Ruiz, Mayor ATTEST: _____________________________ Julia Espinoza, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP _____________________________ Craig Hayes, City Attorney Docusign Envelope ID: F99E06CE-4204-8763-83D9-EC47840D01A5 24438.00403\45253805.1 Resolution No. 4147 Page 5 of 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) CERTIFICATION I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 4147 was duly passed, approved, and adopted at a Regular Meeting of the City Council of the City of San Jacinto on the 4th day of August, 2026, by the following vote: AYES: Ledezma, Sanchez, Ruiz NAYS: None ABSENT: None ABSTAIN: Ayala, Vandever WITNESS MY HAND AND OFFICIAL SEAL this 4th day of August, 2026. _________________________ Julia Espinoza, City Clerk City of San Jacinto Docusign Envelope ID: F99E06CE-4204-8763-83D9-EC47840D01A5 24438.00403\45253805.1 Resolution No. 4147 Page 6 of 6 EXHIBIT “A” SEWER CHARGES 2027 2028 2029 2030 2031 Monthly Fixed Charge: [1] All Custom ers (Per EDU)8.22$ 10.48$ 14.15$ 19.10$ 19.67$ 20.26$ Volumetric Rates Per 100 Cubic Feet: [2] See Footnote 0.75$ 0.95$ 1.29$ 1.74$ 1.79$ 1.84$ EMW D Related Charges: [3] Sewer (per EDU)8.22$ 10.48$ Sewer (per Sewage Unit)40.31$ 40.31$ [1] [2] [3] Subject to EMWD Updated Rates Eastern Municipal Water District (EMWD)provides sewer treatm ent services to the City of San Jacinto.These charges are independent of the City's sewer collection rates and will be charged in addition to the City's rates. The City of San Jacinto has no control over EMWD's rates.The EMWD rates provided in this table are subject to change. No analysis of EMWD's rates was conducted, they are provided for inform ational purposes only. Projected For Fiscal Year Beginning January 1 Notes: Existing RatesDescription Volum etric sewer charges only apply to the following custom er classes:1)Com m ercial/Industrial,2)Church - Per Water Use (excludes Church per Unit), 3) All Restaurants, and 4) All Schools except Park Hill Elem entary. Fixed sewer charges apply to all custom er classes except those listed in Footnote 2 below. Subject to EMWD Updated Rates Docusign Envelope ID: F99E06CE-4204-8763-83D9-EC47840D01A5