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HomeMy WebLinkAbout2007-02-06; City Council; 18891; Request Public Hearing Past Increases Water Sewer Trash Fees15 CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL AB# 18,891 MTG. 2/6/07 DEPT. FIN REQUEST FOR PUBLIC HEARING FOR PAST INCREASES FOR WATER, f+^tM/^n M am Trt A f*LJ i i_ c^SEWER AND TRASH FEES DEPT. HEAD ^§ CITY ATTY. _g CITY MGR. <jC \^r-w RECOMMENDED ACTION: Adopt Resolutions No. 1289 and No. 2007-025 setting a public hearing on April 3, 2007 regarding past increases for water, sewer and trash fees for properties within the Carlsbad Municipal Water District and the City of Carlsbad. ITEM EXPLANATION: The California Supreme Court recently ruled that local governments must notify all water, sewer and trash customers forty-five (45) days in advance of proposed rate changes, as required by California Constitution Article XIIID and the Proposition 218 Omnibus Implementation Act (Government Code Section 53753 et. seq.). Therefore, although the City is not proposing any new rate increases, a majority-protest public hearing should be held to ratify any increases over the past three years. A majority-protest public hearing should be held to ratify prior rate increases. The public hearing is held forty-five (45) days after noticing the ratepayers. Any person interested in objecting to the increases may file a signed written protest with the City Clerk. The written protest must contain the address of service, the rate change being protested, the ground or grounds of protest and received prior to the close of the public hearing. The protestor may appear at the hearing and be heard on the matter. Staff is recommending that the following steps be taken to comply with this ruling: • Affected utility customers are notified by mail of the public hearing. • The notice (see Exhibit 1) outlines rate changes that have occurred in December 2003, August 2005, and August 2006. • The notice outlines the protest process. • The notice provides information relating to the public hearing. DEPARTMENT CONTACT: Colette Wengenroth 760-602-2430 cwenq@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED J D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 A majority-protest public hearing should be held regarding past water, sewer and trash rate increases. Staff is recommending that the Board of Directors and City Council set a public hearing to accept public comment on these increases. FISCAL IMPACT: There is no fiscal impact to setting the majority-protest public hearing date. ENVIRONMENTAL IMPACT: The California Environmental Quality Act (CEQA) does not apply to the establishment or modification of rates for the purpose of meeting operating expenses (CEQA Guidelines Regulation 15273). EXHIBITS: 1. Proposed Notice of Public Hearing. 2. Resolution No. 1289 of the Board of Directors of the Carlsbad Municipal Water District setting a public hearing ratifying water rate increases. 3. Resolution No. 2007-025 of the City Council of the City of Carlsbad setting a public hearing ratifying sewer and trash rate increases. Exhibit 1 Prior to the increases, the water and sewer fees had not changed since July 1999. As reflected on the previous page, even with these increases, the City's rates continue to be among the lowest in the region. The City has been able to hold off rate increases with effective cost management. However, due to rising operating costs, the increased cost of water purchased from the San Diego County Water Authority, and increased costs from the Encina Wastewater Authority, the City needed to raise the rates. Below is a summary of the fee increases already implemented that are the subject of this hearing: Monthly water service fees increased 5% in August 2006. • The standard rates increased from $1.60 to $1.68. • The conservation rate increased from $1.44 to $1.51. • The recycled water rate increased from $1.52 to $1.60. • The agricultural water rate increased from $1.29 to $1.37 Both residential and commercial monthly sewer service fees increased 8.5% in August 2006. • The residential fee increased from $13.50 to $14.65. • The commercial fee increased 8.5%. Residential monthly trash fees increased in August 2005 by 6%. • The residential fee increased from $16.47 to $17.50. Both residential and commercial monthly sewer service fees increased in August 2005. • The residential monthly sewer service fee increased from $13.00 to $13.50. • The commercial sewer service fee increased 4%. Residential monthly trash fees increased in December 2003 by 6%. • The residential fee increased from $14.52 to $16.47. A detailed schedule of our water and sewer utility rates is attached. » For questions about the public hearing process, lease contact the Finance Department's Customer Service Dept. at (760) 602-2403 Exhibit 1 CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT RATES & CHARGES AS OF 7/31/2006 Commodity Rates Meter Size 5/8" 3/4" 1" 1-1/2" 2" 3" 4" 6" 8" Current Conservation Rate 1 $1.44 $1.44 $1.44 $1.44 $1.44 $1.44 $1.44 $1.44 $1.44 Units/Mo, (or less) 7 10 16 30 45 79 123 228 336 5% Adjustment Conservation Rate $1.51 $1.51 $1.51 $1.51 $1.51 $1.51 $1.51 $1.51 $1.51 Units/Mo, (or less) 7 10 16 30 45 79 123 228 336 Standard (Base) Rate $1.60 $1.68 Recycled Water Rate $1.52 $1.60 Agricultural Water Rate'$1.29 $1.37 1 Conservation Rate is 90 percent of Standard (Base) Rate. 2 Recycled Water Rate is 95 percent of Standard (Base) Rate. 3 Agricultural Water Rate is $0.31 off the Standard (Base) Rate (per the MWD "Interim Agricultural Water Program"). Monthly Delivery Charges Meter Size 5/8" 3/4" 1" 1-1/2" 2" 3" 4" 6" 8" Current $9.25 $1 1 .75 $16.75 $29.25 $44.25 $79.50 $129.50 $254.50 $404.50 5% Adjustment $9.75 $12.35 $17.60 $30.70 $45.45 $83.45 $136.00 $267.25 $424.75 Wastewater (Sewer) Rates User Category Group 1 Residential Single Family Multi-Familyf Mobile Home1 Group II Commercial "* Group III Commercial £ Group IV Commercial * Group V Institutional Schools per ADA3 Elementary Junior High Boarding Group VI Large Volume Current Unit Cost ($/hcf of water) $1.92 $1.92 $1.59 $2.09 $3.30 $0.21* $0.41* $0.61* $3.04* (based on volume and wastewater strengths) Uniform Rate $13.50 — —— ... 8.5% Adjustment Unit Cost (S/hcf of water) $2.08 $2.08 $1.73 $2.27 $3.58 $0.23* $0.44* $0.66* $3.30* (based on volume and wastewater strengths) Uniform Rate $14.65 — — — - — ' Wastewater flow is 90 percent of metered water use. 2 Non-residential wastewater flow is 95 percent of metered water use. 3 Schools: assumes a 200-day working year; ADA: average daily attendance. * Denotes charge per student based on ADA. Exhibit 2 1 RESOLUTION NO. 1289 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), TO 3 SET A PUBLIC HEARING REGARDING PAST INCREASES 4 IN WATER RATES. 5 WHEREAS, the California Supreme Court recently made a ruling that local 6 governments must hold a public majority-protest hearing, and notify customers forty-five 7 (45) days in advance of increases in water rates; and8 „ WHEREAS, the Carlsbad Municipal Water District increased water rates in 10 August 2006; and 11 WHEREAS, a public hearing must be held regarding the increase in water rates. 12 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the 13 Carlsbad Municipal Water District, as follows: 14 1. That the above recitations are true and correct. 15 2. That the Board of Directors of the Carlsbad Municipal Water District sets a 16 majority protest public hearing for Tuesday, April 3, 2007, in accordance with 18 law on these past rate increases. 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad City Council and Carlsbad Municipal Water District Board of Directors held on the 6th day of February, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard. NOES: None. ABSENT: Council Member Sigafoose. ATTEST: LORRAINE M.'WOOD, Secretary (SEAL) -<*A Exhibit 3 1 RESOLUTION NO. 2007-025 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO SET A PUBLIC HEARING 3 REGARDING PAST INCREASES IN SEWER AND TRASH 4 RATES. 5 WHEREAS, the California Supreme Court recently made a ruling that local 6 governments must hold a public majority-protest hearing, and notify customers forty-five 7 (45) days in advance of increases in sewer and trash rates; and8 WHEREAS, the City of Carlsbad increased sewer rates in August 2006 and August 2005; and 11 WHEREAS, the City of Carlsbad increased trash rates in August 2005 and 12 December 2003; and 13 WHEREAS, a public hearing must be held regarding the increase in sewer and 14 trash rates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 16 Carlsbad, California, as follows: 17 1. That the above recitations are true and correct.18 19 2. That the City Council of the City of Carlsbad sets a majority protest public 20 hearing for Tuesday, April 3, 2007, in accordance with law on these past rate 21 increases. 22 // 23 „ 24 // 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad City Council and Carlsbad Municipal Water District Board of Directors held on the 6th day of February, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard. NOES: None. ABSENT: Council Member Sigafoose. LORRAINE M. WOOD.City Clerk' <SEAL>