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HomeMy WebLinkAboutCC RES 20-04RESOLUTION NO. 20-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADJUSTING WATER RATES PROVIDED BY THE CITY OF TUSTI N WHEREAS, the City previously retained Raftelis Financial Consultants, independent financial consultants, to review the City's Water Enterprise to determine whether rates for service charges are sufficient to meet increased costs of service, and to prepare a cost of service analysis and rate study (COS); and WHEREAS, based on the results of the COS, increases to the rates for water service fees and charges are necessary; and WHEREAS, the proposed water rate structure includes a variable water usage charge and a fixed service charge, both billed on a bi-monthly basis. The proposed water usage charge is based on the amount of water consumed, measured in dollars per hundred cubic feet ("CCF") of water delivered to the property. The fixed service charge is independent of the amount of water used and is determined based on the size of the meter serving the property, as measured in inches; and WHEREAS, the proposed rate structure is for a period of four years and five months, and is proposed to take effect on February 1, 2020, and to increase each January 1 thereafter commencing on January 1, 2021, through and including January 1, 2024; and WHEREAS, the revenues derived from the fees will not exceed the funds required to provide the services for which the fees are imposed, and will be used exclusively for the operation and maintenance of the City's water system; and WHEREAS, the fees are equitable to all customer classes; and WHEREAS, the amount of fees will not exceed the proportional cost of service attributable to each customer class upon which they are proposed for imposition; and WHEREAS, the fees will not be imposed for general governmental purposes, but only for the costs of operation and maintenance of the City's water system; and WHEREAS, article XIII D, section 6 of the California Constitution ("Article XIII D") requires that prior to imposing any increase to the fees, the City shall provide written notice ("Notice") by mail of the new or increased fees to the recorded owner of each parcel upon which the fees are proposed for imposition and any tenant directly liable for payment of the fees, the amount of the fees proposed to be imposed on each parcel, the basis Resolution 20-04 Page 1 of 5 upon which the fees were calculated, the reason for the fees, and the date, time, and location of a public hearing ("Hearing") on the proposed fees; and WHEREAS, on December 6, 2019, the City distributed notices as required by Article XIII D regarding the City Council's consideration of the proposed adjustments to the water rate fees at the January 21, 2020 public hearing to all owners of record and customers in accordance with Article XIII D, Section 6(a)(1) of the California Constitution and Government Code Section 53755; and WHEREAS, on January 21, 2020, the City Council held a duly noticed public hearing on the proposed water rate contained in this Resolution, and at that time invited oral and written comments from the public; and WHEREAS, upon close of said public hearing, the City did receive 68 written protests to the proposed fees and therefore there has been no majority protest; and WHEREAS, the City Council now desires to establish rates for the fees, effective February 1, 2020, at the rates and subject to increases on the dates set forth in the schedule in Section 4; and NOW, THEREFORE, the City Council of the City of Tustin does hereby resolve, determine and order as follows: SECTION 1. After considering the material presented in the COS, the City Council hereby finds as follows: a) Revenues derived from the fees do not exceed the funds required to provide the related service; b) Revenues derived from the fees shall not be used for any purpose other than for that which the fees or charges are imposed; c) The amount of the fees imposed upon any parcel or customer does not exceed the proportional cost of service attributable to the parcel; d) The fees are imposed for services that are actually used by, or immediately available to, the owner of the property upon which the fees are imposed; and e) The fees will not be imposed for general governmental purposes, but only for the costs of operation and maintenance of the City's water system. SECTION 2. After receiving public comment and testimony on the new fee structure for water services provided, and absent a majority protest to the proposed fee Resolution 20-04 Page 2 of 5 increases, the new fee schedule for water fees and charges is hereby approved as set forth in Section 4. SECTION 3. The new fee schedule for water services shall be implemented beginning February 1, 2020, and shall be increased on January 1, 2021 and annually thereafter, up to the maximum rates set forth in Section 4. The scheduled adjustment authorized by this Section may be made by the City Manager or designee, without conducting another public hearing or any action on the part of the City Council. SECTION 4. The variable water usage charge and fixed service charge are hereby established as follows: FY 2020 FY 2021 FY 2022 Effective 2/1/2020 1/1/2021 1/1/2022 Bi -Monthly Potable Water Usage Charges ($/unit) ***1 unit 748gallons*** FY 2023 FY 2024 1/11/2023 1/1/2024 = 100 cubic feet (hcf) _ Unit: 0 + $2.79 $2.93 $3.08 $3.24 $3.41 Bi -Monthly Fixed Service Char Meter & Capital Refurbishment Meter Size es and Replacement (R&R) Charge 5/8" or 3/4" $39.76 $41.75 $43.84 $46.03 $48.33 V $83.82 $88.01 $92.41 $97.03 $101.88 11/2" $157.25 $165.11 $173.37 $182.04 $191.14 2" $245.38 $257.65 $270.53 $284.06 $298.26 3" $524.43 $550.65 $578.18 $607.09 $637.45 4" $935.67 $982.45 $1,031.58 $1,083.15 $1,137.31 6" $2,066.56 $2,169.89 $2,278.38 $2,392.30 $2,511.92 8" $3,535.26 $3,712.02 $3,897.62 $4,092.51 $4,297.13 10" $5,591.44 $5,871.01 $6,164.56 $6,472.79 $6,796.43 Per Dwelling Unit Charge $10.38 $10.90 $11.44 $12.02 $12.62 Protectionire Meter Size 4" $18.70 $19.64 $20.62 $21.65 $22.73 5" $23.37 $24.54 $25.77 $27.05 $28.41 6" $28.04 $29.44 $30.91 $32.46 $34.08 8" $37.39 $39.26 $41.22 $43.28 $45.45 10" $46.74 $49.08 $51.53 $54.11 $56.81 12" $56.08 $58.88 $61.83 $64.92 $68.17 Resolution 20-04 Page 3of5 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the 21 st day of January, 2020. ATTEST: PAA-tA6 AJ6 �"4'— - ERICA N. YA UDA, City Clerk DR. ALLAN BERNSTEIN, Mayor Resolution 20-04 Page 4 of 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 20-04 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21 st day of January, 2020, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASVJDA, City Clerk Resolution 20-04 Page 5 of 5 Bernstein, Puckett, Cooper, Lumbard (4) (0) Clark