HomeMy WebLinkAbout2025-04-22; City Council; Resolution 2025-087Docusign Envelope ID: 2EE35CDA-4EA8-4802-8290-D02A8FACC334
RESOLUTION NO. 2025-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THREE-YEAR RATES FOR WASTEWATER SERVICES
Exhibit 1
WHEREAS, the California Constitution Article XIII D, Section 6, requires local agencies to hold a
majority-protest public hearing and notify customers not less than 45 days in advance of the public
hearing before increasing wastewater service rates; and
WHEREAS, the city is proposing wastewater service rate increases effective July 1, 2025, Jan. 1,
2026, and Jan. 1, 2027, consistent with the 2025 Wastewater Cost-of-Service Study; and
WHEREAS, based on the study, the proposed wastewater service rate increases are necessary
to cover wastewater service operating costs, the revenues derived from the rate increases will not
exceed the funds required to provide wastewater services, the revenues will be used exclusively for
the operation and maintenance of the wastewater system, the proposed rates are equitable to all
customer classes, the proposed rates will not exceed the proportional cost of service attributable to
each property upon which they will be imposed, and the proposed rates will not be imposed on a
property unless wastewater service is actually used by, or immediately available to, the property owner
or customer occupying the property; and
WHEREAS, by Feb. 25, 2025, the City of Carlsbad wastewater service area customers and
property owners were notified by mail of the proposed three-year rates for wastewater services,
thereby complying with the advance notice requirement of 45 days; and
WHEREAS, on April 22, 2025, the City Council held a majority-protest public hearing and
approved the new three-year rates for wastewater services; and
WHEREAS, pursuant to Senate Bill 323, codified in Government Code Section 53759, any judicial
action challenging fees for water or sewer service shall be commenced within 120 days of the date of
a resolution approving the increased rates; and
WHEREAS, pursuant to Assembly Bill 2257, codified in Government Code Sections 53759.1 and
53759.2, the city has opted into the exhaustion of administrate remedies procedures via City Council
Resolution No. 2025-048 and any judicial action must be regarding a timely written objection submitted
by April 14, 2025.
April 22, 2025 Item #5 Page 13 of 518
Docusign Envelope ID: 2EE35CDA-4EA8-4802-8290-D02A8FACC334
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
That the above recitations are true and correct.
That the proposed action to adopt three-year rates for wastewater, potable water, and
recycled water services is exempt from environmental review under CEQA Guidelines
Section 15273. CEQA does not apply to the establishment, modification, structuring,
restructuring, or approval of rates, tolls, fares, and other charges by public agencies
which the public agency finds are for (1) meeting operating expenses, including
employee wage rates and fringe benefits, (2) purchasing or leasing supplies, equipment,
or materials, (3) meeting financial reserve needs and requirements, (4) obtaining funds
for capital projects, necessary to maintain service within existing service areas, or (5)
obtaining funds necessary to maintain such intra-city transfers as are authorized by city
charter.
3. That the written objections and the city's responses warrant no clarifications or changes
to the proposed fee or assessment.
4. That the City Council approves the three-year rates for wastewater, effective July 1,
2025, Jan. 1, 2026, and Jan. 1, 2027.
5. Pursuant to Senate Bill 323, codified in Government Code Section 53759, any judicial
action challenging these fees for wastewater service shall be commenced within 120
days of the date of this resolution.
April 22, 2025 Item #5 Page 14 of 518
Docusign Envelope ID: 2EE35CDA-4EA8-4B02-8290-D02A8FACC334
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 22nd day of April, 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
April 22, 2025
Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Item #5 Page 15 of 518