HomeMy WebLinkAboutOrd 1998ORDINANCE NO. 1998
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 15.08
OF THE BURLINGAME MUNICIPAL CODE TO
MODIFY THE PROCEDURE FOR SEWER RATE ADOPTION; CEQA DETERMINATION:
EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378,15601(B)(3))
WHEREAS, Government Code section 66016(b) authorizes the City to adopt sewer and
water fees either by ordinance or by resolution; and
WHEREAS, sewer service charges for all existing and new customers are currently
established by ordinance as provided in Municipal Code Sections 15.08.070 and 15.08.072,
whereas water rates are adopted by resolution, as provided in Municipal Codes Section 15.04;
and
WHEREAS, this ordinance amendment will change the procedure for adoption of sewer
rates for existing and new customers by establishing that fees, charges, rate schedules, and
measures that may be needed for administration of sewerage service will be adopted by Council
resolution; and
WHEREAS, this will make the process consistent with the current water rate procedure
and eliminate the two-step approval process of adopting an ordinance for rate changes; and
WHEREAS, any rate increases will continue to follow the public hearing process
requirements of Proposition 218.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct and are hereby incorporated
herein by this reference as if fully set forth in their entirety.
Section 2. Section 15.08.070, "Sewer rental – Service charges" of Chapter 15.08 of
Title 15 of the Burlingame Municipal Code is amended as follows. Additions are reflected by
underlined text and deletions with 6tFuke out text.
15.08.070 Sewer rental—Service charges.
(a) Every person whose premises in the city are served by a connection with the system
of sewerage of the city, whereby the sewerage or industrial wastes, or either or both, are disposed
by the city, shall pay a bimonthly sewer charge based upon the quantity of metered water per
bimonthly billing period as set forth in the following rate 6Ghedules, whether such water is derived
from a source other than city water supply or all or part of such water is furnished to the premises
without charge. The City Council shall establish by resolution such fees, charges, rate schedules
and procedures as may be necessary for the administration of sewerage service. The director of
public works shall determine the classification of uses not specifically listed. The finance director
shall have the discretion and authority to establish a different sewer charge when circumstances
such as water leaks or unseasonable or atypical water usage cause established rates to result in
inequitably low or high sewer charges; any such determination shall be reviewed by the city
manager upon request from the customer. The finance director may request documentation
evidencing the existence of a leak or any other problem that may have resulted in an inequitable
charge.
.9, -QS, 200. Felated,
.IQV $1 .
..
GOR661FAPtOOR fGF the GUrFeRt billing period.
Section . Section 15.08.072, "New customers in single-family or duplex classification,"
of Chapter 15.08 of Title 15 of the Burlingame Municipal Code is amended as follows. Additions
are reflected by underlined text and deletions with s+rive out text
15.08.072 New customers in single-family or duplex classification.
(a) When new customer service is provided to premises classified as single-family or
duplex under Section 15.08.070, the customer will be charged at a bimonthly rate as established
by City Council resolution. base' OR the number of residents reper+ed +e r.nnU m.. the promises as
fel#ew&
Numb
res'rc�udeenty
on or aft-er MaFrh 3,
2040
Cate effer ive fer
n v
billing oe1i-�-'rRnvT
january �lur�— ,
Cate effertivefer
pining on i aft—ei-
januar-yl,2012
4
$3-66
$44-78
$47=68
2
$459
$54-.N
$696
8
0
$
$72-. Q
4
$66$4
$75-.2-5
$85:78
5
$757
$86:-92
$974
6
$78.06
$88-98
$404-.44
7
$84-87
$96-76
$448.9
8
$98:86
$112.6-9�
$129.46
$1 2 9
9 OF
v
.� n
Q0
G46
s-h50--
(b) This established rate will be used until the customer has had service through a
consecutive January, February, March, and April, and on January 1 following that consecutive
period, the sewer rate for the customer will be adjusted to the applicable rate speGified established
in Section 15.08.070(x)(1) of this chapter according to the water usage for those months.
Following a second consecutive January, February, March, and April, the rate will be further
adjusted according to the demonstrated water usage for the total eight (8) months on January 1
following the second consecutive period.
Section 4. CEQA Determination. This Ordinance is not subject to the California
Environmental Quality Act (CEQA) because it is not a "project" within the meaning of Section
15378 of the State CEQA Guidelines, since there is no potential of the Ordinance to result in direct
or indirect physical change to the environment. In addition, the ordinance is not subject to CEQA
pursuant to State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there
is no possibility the Ordinance may have a significant effect on the environment.
Section 5. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it
would have adopted the Ordinance and each section, subsection, sentence, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared unconstitutional.
Section . This Ordinance shall become effective 30 days after its adoption. The City
Clerk is directed to publish this ordinance in a manner required by law.
Section 7. Sections 2 and 3 of this Ordinance shall be codified in the Burlingame
Municipal Code. Sections 1, 4, 5, 6, and 7 shall not be so codified.
1��4
V
Ann O'Brien Keighran, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
ordinance was introduced at a public hearing at a regular meeting of the City Council held on the
20th day of September, 2021, and adopted thereafter on the 4th day of October, 2021, by the
following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN
NOES: Councilmembers: NONE
ABSENT: Councilmembers:ORTIZ
eaghs -S Barer, City Cler