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HomeMy WebLinkAbout2022-01-11; City Council; Resolution 2022-009Exhibit 1 RESOLUTION NO. 2022-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THREE-YEAR RATES FOR WASTEWATER SERVICES WHEREAS, the California Constitution Article XIII D § 6(a)(2) requires local governments 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 three-year wastewater service rate increases effective March 1, 2022, Jan. 1, 2023, and Jan. 1, 2024; and WHEREAS, by Nov. 26, 2021, city residents and property owners were notified by mail of the proposed three-year wastewater rates, thereby complying with the advance notice requirement of 45 days; and WHEREAS, on Jan. 11, 2022, the City Council of the City of Carlsbad held a Majority-Protest Public Hearing and approved the new three-year wastewater rates; and WHEREAS, pursuant to Senate Bill 323, or SB 323 (signed Sept. 22, 2021), which enacted Government Code § 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, the City Council has determined that the action regarding the increases to the rates are in accordance with the findings required by Section 15273 (c) of the CEQA Guidelines as follows: (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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the City Council of the City of Carlsbad hereby approves the three-year wastewater rate increases effective March 1, 2022, Jan. 1, 2023, and Jan. 1, 2024, 3.Pursuant to SB 323, which enacted Government Code § 53759, any judicial action challenging these fees for wastewater service shall be commenced within 120 days of the date of this resolution. Jan. 11, 2022 Item #10 Page 14 of 247 Exhibit 1 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council of the City of Carlsbad and the Carlsbad Municipal Water District Board of Directors on the 11th day of January 2022, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby. NAYS: None. ABSENT: None. -1t,frer//n MATT HALL, Mayor /(AVIOLA IVIEDINA, City Clerk Services Manager c_6 (SEAL) Jan. 11, 2022 Item #10 Page 15 of 247