HomeMy WebLinkAbout2022-01-11; Municipal Water District; Resolution 1667Exhibit 2
RESOLUTION NO. 1667
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT, APPROVING THREE-YEAR RATES FOR
POTABLE WATER AND RECYCLED WATER 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 water service rates; and
WHEREAS, the Carlsbad Municipal Water District, or CMWD, is proposing three-year potable
and recycled water service rates, effective March 1, 2022, Jan. 1, 2023, and Jan. 1, 2024; and
WHEREAS, by Nov. 26, 2021, the CMWD service area customers and property owners were
notified by mail of the proposed three-year rates for potable water and recycled water services,
thereby complying with the advance notice requirement of 45 days; and
WHEREAS, on Jan. 11, 2022, the CMWD Board of Directors held a Majority-Protest Public
Hearing and approved the new three-year rates for potable water and recycled water services; 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 CMWD Board of Directors 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 CMWD Board of Directors of the City of Carlsbad,
California, as follows:
1.That the above recitations are true and correct.
2.That the CMWD Board of Directors hereby approves the three-year rates for potable
and recycled water, 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 16 of 247
Exhibit 2
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Board of Directors of the
Carlsbad Municipal Water District and the City Council of the City of Carlsbad on the 11th day of January
2022, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby.
NAYS: None.
ABSENT: None.
MATT HALL, President
VIOI MEDINA, ' y Clerk Services Manager
(SEAL)
Jan. 11, 2022 Item #10 Page 17 of 247