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HomeMy WebLinkAboutA003 - Council Action Form dated June 9, 2009 ITEM # DATE 0 9-09 COUNCIL ACTION FORM SUBJECT: WILLOW CREEK HOMEOWNERS ASSOCIATION REQUEST FOR ONE-TIME EXCEPTION FROM SEWER RATE ORDINANCE BACKGROUND: Joan Marquardt, representing the Willow Creek Homeowners Association, submitted the attached letter to the City's Utility Accounts Supervisor requesting a one-time exception to section 28.304.9 of the sewer rate ordinance. This section limits exemptions from the sewer charges to 5,000 cubic feet per calendar year, with the entire exemption granted over no more than two consecutive billing cycles. A pipe broke in the crawl space under Willow Creek's unit 902 during the January 2009 billing cycle. The water soaked into the ground and eventually flowed into a sump pump. The sump pump is not connected to the sanitary sewer system. The break was repaired during the April billing period. An estimated 94,450 cubic feet of water flowed from the leak during the four billing periods, resulting in $1,586.76 in additional sewer charges. If you apply the current two consecutive billing period requirement, an estimated 61 ,900 cubic feet flowed from the leak during this time period, resulting in $1 ,039.92 in additional sewer charges. The sewer rate allows for an exemption of up to 5,000 cubic feet of water usage in a calendar year if, in any billing period, more than 2,000 cubic feet of water is used in such a way that the water does not reach the sanitary sewer system. The exemption is based on the premise that the water does not reach the sanitary sewer system, so the Sewer Utility does not incur any costs. The entire exemption must be granted for no more than two consecutive billing periods. The purpose of limiting the exemption to two consecutive billing periods is to encourage the prompt repair of leaks. ALTERNATIVES: 1 . Direct staff to submit a rate ordinance revision removing the 5,000 cubic foot total calendar year exemption. This alternative will give the customer a credit on 61 ,900 cubic feet of water usage totaling $1,039.92. The customer request will be held in abeyance until the final adoption of the rate ordinance revision. 2. Approve a one-time exception to the rate ordinance regarding the 5,000 cubic foot calendar year total, and direct staff to credit the customer's account for the sewer charges on 61,900 cubic feet of water usage totaling $1,039.92. This option retains the two consecutive billing period requirement. 1 r - 3. Approve a one-time exception to the rate ordinance regarding the 5,000 cubic foot total calendar year exemption and the two consecutive billing period requirement, and direct staff to credit the customer's account for the sewer charges on 94,450 cubic feet of water usage totaling $1,586.76. 4. Deny the customer request for a credit on the customer's sewer bill above what is currently prescribed in the existing rate ordinance. Under this option, the customer will receive a $84 credit to the homeowners association sewer bill. MANAGER'S RECOMMENDED ACTION: The Sewer Utility does not incur any costs for water used in such a way that the water does not reach the sanitary sewer system. The purpose of the current ordinance provision is to provide customers with relief from sewer charges for one-time events where water is used in such a way that the water does not reach the sanitary sewer system. The purpose can still be achieved by limiting the exemption to no more than two consecutive billing periods within a 12-month period without limiting the total exemption to 5,000 cubic feet. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby directing staff to prepare a rate ordinance revision removing the 5,000 cubic foot total calendar year exemption. The customer request will be held in abeyance until the modified rate ordinance has been presented to City Council for adoption. This option will result in a $1,039.92 credit to the homeowners association sewer bill. 2