HomeMy WebLinkAbout2009-05-05; Municipal Water District; Resolution 1352Exhibit 1
1 RESOLUTION NO. 1352
2 A RESOLUTION OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), TO
3 SET A PUBLIC HEARING REGARDING PROPOSED
4 INCREASES IN WATER RATES AS WELL AS FUTURE
RATE ADJUSTMENTS ALLOWING FOR THE PASS-
5 THROUGH OF WHOLESALE WATER AND
INFLATIONARY COSTS, AND APPROVING A NEW RATE
6 STRUCTURE.
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8 WHEREAS, the California Constitution Article XIII D § 6(A)(2) states that local
9 governments must hold a public majority-protest hearing, and notify customers not less
10 than forty-five (45) days in advance of increases in water rates; and
11 WHEREAS, the Carlsbad Municipal Water District is proposing water rate
\2 increases in August 2009; and
13 WHEREAS, it is in the best interest of CMWD and its customers to implement a
l^ new rate structure; and
15 WHEREAS, the California Legislature recently passed Assembly Bill 3030
(approved September 30, 2008) that allows a locally owned water utility to adopt a
multi-year rate schedule establishing water service charges and fees, for a period not to
exceed 5 years, provided that the rate schedule be adopted by the governing board of18
the water utility in a public ratemaking case proceeding using the procedures authorized
by current law; and
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WHEREAS, a public hearing is required to be held regarding the increase in
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water rates as well as future rate adjustments allowing for the pass-through of
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wholesale water costs and inflationary adjustments; and
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WHEREAS, Assembly Bill 2882 (approved September 30, 2008), added Chapter
24 3.4 (commencing with Section 370) to Division 1 of the Water Code, allows a public
25 entity to adopt allocation-based conservation water pricing meeting certain
requirements. That allocation-based conservation water pricing by public entities that
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Exhibit 1
1 sell and distribute water is an effective means by which waste or unreasonable use of
2 water can be prevented and water can be saved.
3 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
4 Carlsbad Municipal Water District, as follows:
c 1. That the above recitations are true and correct.
6 2. That the Board of Directors of the Carlsbad Municipal Water District sets a
majority protest public hearing for Tuesday, June 23, 2009, in accordance with
applicable law, on these proposed rate increases, including allocation-based water
o
pricing, as well as future rate adjustments for the pass-through of wholesale water and
inflationary costs.10
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council,
held on the 5th day of May, 2009, by the following vote:
AYES:
NOES:
ABSENT:
Board Members Lewis, Kulchin, Hall, Packard and Blackburn.
None.
None.
ALEWIS, President
ATTEST:
/lORRAJNE M. WtoOD, Secreary
'