HomeMy WebLinkAbout2025-04-22; Municipal Water District; Resolution 1768Docusign Envelope ID: 2EE35CDA-4EA8-4802-8290-D02A8FACC334
RESOLUTION NO.1768
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING THREE-YEAR RATES FOR POTABLE WATER AND RECYCLED
WATER SERVICES
Exhibit 2
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 potable and recycled water service rates; and
WHEREAS, the Carlsbad Municipal Water District, or CMWD, is proposing potable and recycled
water service rate increases effective July 1, 2025, Jan. 1, 2026, and Jan. 1, 2027, consistent with the
2025 Potable and Recycled Water Cost-of-Service Study; and
WHEREAS, based on the study, the proposed potable and recycled water service rate increases
are necessary to cover potable and recycled water service operating costs, the revenues derived from
the rate increases will not exceed the funds required to provide potable and recycled water services,
the revenues will be used exclusively for the operation and maintenance of the potable and recycled
water systems, 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 potable and/or recycled water service
is actually used by, or immediately available to, the property owner or customer occupying the
property; and
WHEREAS, by Feb. 25, 2025, the CMWD potable and recycled water service area customers and
property owners were notified by mail of the proposed three-year rates for potable and recycled water
services, thereby complying with the advance notice requirement of 45 days; and
WHEREAS, on April 22, 2025, the CMWD Board held a majority-protest public hearing and
approved the new three-year rates for potable and recycled water 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 Section 53759.1 and
Section 53759.2, the CMWD has opted into the exhaustion of administrate remedies procedures via
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Docusign Envelope ID: 2EE35CDA-4EA8-4802-8290-D02A8FACC334
CMWD Resolution No. 1761 and any judicial action must be regarding a timely written objection
submitted by April 14, 2025.
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 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 CMWD's responses warrant no clarifications or
changes to the proposed fee or assessment.
4. That the CMWD Board approves the three-year rates for potable water and recycled
water, 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 potable and recycled water services shall be
commenced within 120 days of the date of this resolution.
April 22, 2025 Item #5 Page 17 of 518
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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, President
SHERRY FREISINGER, Secretary
(SEAL)
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