HomeMy WebLinkAbout2025-02-11; City Council; Resolution 2025-048RESOLUTION NO. 2025-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ESTABLISHING A PROCEDURE FOR CUSTOMER AND PROPERTY
OWNER OBJECTIONS TO PROPOSED PROPERTY-RELATED FEES AND
CHARGES FOR WASTEWATER SERVICES
WHEREAS, the City of Carlsbad provides property-related services, including but not limited to,
wastewater services, and assesses fees and charges for the costs of providing these services; and
WHEREAS, California law requires that any new fee or increase to an existing property-related
fee must be adopted in accordance with the substantive and procedural requirements of Article XIII D,
section 6 of the California Constitution, or Proposition 218; and
WHEREAS, Assembly Bill 2257, codified as Government Code Sections 53759.1 and 53759.2, or
AB 2257, became effective January 1, 2025, and authorizes local agencies to adopt certain procedures
for the submittal and consideration of public comments regarding proposed wastewater (sewer) or
water fees; and
WHEREAS, if a local agency adopts the procedures authorized by AB 2257, then members of the
public must timely submit written objections as part of the ratemaking process, to exhaust their
administrative remedies as a prerequisite to later litigating the particular issue raised; and
WHEREAS, the City Council of the City of Carlsbad has determined that electing to opt-in to the
adoption of exhaustion of administrative procedures authorized by AB 2257 allows the City Council to
hear substantive concerns by members of the public prior to approving any proposed rate changes and
creates a better administrative record to facilitate judicial review.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City of Carlsbad elects to adopt the exhaustion of administrative procedures
authorized by Government Codes Sections 53759.1 and 53759.2.
3. That prior to the adoption of any rates changes for wastewater services there will be a
period of at least 45 days after the Proposition 218 notice is mailed for customers and
property owners to submit written objections.
4. That the City Manager or designee will establish a deadline for the members of the
public to submit any written objections to the proposed wastewater fees prior to the
majority-protest public hearing.
5. That the City Manager or designee will review all submitted written objections and
provide written responses to all timely written objections.
6. That prior to the close of the majority protest hearing all written objections and
responses will be submitted to the City Council for consideration.
7. That the required Proposition 218 notice will describe these objection procedures,
including how to submit written objections, and the deadline by which all written
objections must be received.
8. That approving a procedure for customers and property owners to raise objections to
proposed wastewater fees does not constitute a project within the meaning of the
California Environmental Quality Act under Public Resources Code Section 21065
because it has no potential to cause either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of February 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN :
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
None.
None.
None.
KEITH BLACKBURN, MAYOR