HomeMy WebLinkAbout2025-02-11; Municipal Water District; Resolution 1761RESOLUTION NO. 1761
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
ESTABLISHING A PROCEDURE FOR CUSTOMER AND PROPERTY OWNER
OBJECTIONS TO PROPOSED PROPERTY-RELATED FEES AND CHARGES FOR
WATER SERVICES
WHEREAS, the Carlsbad Municipal Water District provides property-related services, including
potable and recycled water 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 Board of the Carlsbad Municipal Water District has determined that electing to
opt-in to the adoption of exhaustion of administrative procedures authorized by AB 2257 allows the
Board 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 Carlsbad Municipal Water District Board of Directors,
of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Carlsbad Municipal Water District 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 water 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 Executive Manager or designee will establish a deadline for the members of
the public to submit any written objections to the proposed water fees prior to the
majority-protest public hearing.
5. That the Executive Mari ager 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 Board 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 water fees does not constitute a project within the meaning of the California
Environmental Qua lity 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 Joint Special Meeting of the Board of Directors of the
Carlsbad Municipal Water District of the City of Carlsbad, California, and the City Council of the City of
Carlsbad, California, 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, President
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fvzi.HERRY FREISINGER, Secretary
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