Loading...
Resolution Number 10-02-02-02RESOLUTION NO. 10-02-02-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING AND INCREASING WATER COMMODITY AND SERVICE CHARGES WHEREAS, the City of San Juan Capistrano provides water service to its customers; and WHEREAS, the City Council imposes rates and charges on water customers to fund ongoing operational and debt service costs of the Water Enterprise, pay for future capital improvements needed to meet future demands on the water system, and maintain adequate emergency and debt service reserves; and WHEREAS, the City of San Juan Capistrano last revised its Schedule of Water Rates and Charges on November 20, 2007, and WHEREAS, in 2009, Black & Veatch Corporation prepared a Water Rate Study on behalf of the City (Revenue Requirements, Cost of Service Allocations, and Rate Design for the Water and Wastewater Utilities Report dated November 2009, Revision 2), which evaluated the. Water Enterprise's financing and capital facilities needs, determined the estimated funds needed to adequately finance the operations, capital improvements and debt obligations for the Water Enterprise, reasonably allocated the Water Enterprise's projected revenue requirements to the various customer classes in accordance with their respective service requirements, and recommended a suitable schedule of water rates that produce revenues adequate to meet the Water Enterprise's financial needs in accordance with estimated reasonable customer costs of service; and WHEREAS, the Water Rate Study recommends revisions and increases in the customer class codes and fixed monthly service charges as more particularly identified as Scenario #2b on Page ES -10 of the Executive Summary of the Water Rate Study. WHEREAS, the Water Rate Study identifies the cost to purchase water from other public agencies (i.e., water commodity costs) as a significant component of the operational costs of the Water Enterprise over which the City has limited control; . WHEREAS, effective January 1, 2009, Government Code Section 53756 authorizes any agency providing water service to adopt a schedule of fees or charges for a period not to exceed five (5) years authorizing automatic adjustments that pass through increases or decreases in wholesale charges for water adopted by another public agency from which it purchases water; and WHEREAS, the Water Rate Study identifies the financial impact on the City's Water Enterprise operations due to MTBE contamination of the City's water production wells to be significant and not included in the projected operational costs of the Water Enterprise and recommends an operational surcharge based on meter size to offset the 2/2/2010 financial impact of the MTBE contamination; and WHEREAS, the City Council has determined that the rates and charges for water usage should be modified in accord with the findings and recommendations set forth in the 2009 Water Rate Study, prepared by Black & Veatch Corporation, and the legislative findings herein, that automatic adjustments to the commodity adjustment charge that pass through future increases in wholesale water charges should be authorized in order to adequately finance the operations, capital improvements and debt obligations for the Water Enterprise; and, WHEREAS, the City Council has determined that an MTBE operational surcharge should be implemented until the Groundwater Recovery Plant is at maximum capacity or MTBE is being effectively treated at all the City's production wells, without additional cost to the City, whichever occurs first. However, this charge should be based on water usage as opposed to meter size and has directed staff to develop a surcharge for future City Council consideration and implementation; and, WHEREAS, the City Council has determined the following with regard to the rates and charges for water usage established by this Resolution: (i) the fees and charges are not imposed as a condition of approval of a development project, as defined in California Government Code section 66001; (ii) the fees and charges are established upon a rational basis between the fees charged each customer and the service and facilities provided to each customer of the City's Water Enterprise; (iii) the revenues derived from the fees and charges do not exceed the estimated reasonable cost to provide the capital facilities and water services for which they are levied; (iv) the revenues derived from the fees and charges shall not be used for any other purpose than that for which the fees and charges are imposed; (v) the fees and charges do not exceed the proportional cost of the water service attributable to each consumer; (vi) the fees and charges are imposed on water services which are immediately available to the consumer; (vii) the fees and charges are not levied for general governmental services; and (viii) the rates and charges are not discriminatory or excessive, are sufficient under Government Code section 54515, comply the provisions or covenants of any outstanding revenue bonds of the City payable from the revenues of the Water Enterprise, comply with the provisions of Title 5, Division 2, Chapter 6 of the California Government Code, and are in compliance with all other applicable law; and WHEREAS, in accordance with Proposition 218 and Government Code Section 53755, notice of a public hearing to consider the proposed adjustments in waster rates and charges and containing such information required to be included pursuant to California law (the "Proposition 218 Notice") was mailed on December 11, 2009 to all record owners of affected property to the addresses as they appear on the latest equalized assessment roll and to all water service customers located on the affected parcels at the addresses to which the City customarily mails the billing statements; and WHEREAS, pursuant to California Government Code section 66016 notice of the 2 2!212010 time and place of this hearing, including a genera[ explanation of the matter to be considered and a statement that the data required by Government Code section 66016 has been available for public review at the City, was mailed to interested parties requesting notice at least fourteen (14) days prior to the hearing; and WHEREAS, pursuant to California Government Code section 66016 the City made available to the public the Water Rate Study, the addendum, and other data documenting the estimated costs required to provide services for which the proposed modified rates and charges will be levied and the revenue sources anticipated to provide the services; and WHEREAS, on February 2, 2410, in accordance with applicable legal requirements, the City Council conducted a duly noticed public hearing to consider the proposed adjustments in water rates and charges set forth herein, at which public hearing all those who wished to speak for or against the proposed adjustments in water rates and charges were heard; and WHEREAS, written protests against the proposed adjustments in water rates and charges were not presented by a majority of the property owners, as the total number of properties on which the rates are imposed as shown on the last equalized assessment roll of Orange County totaled 16,089 and the City received a total of 23 written protests; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby adopt the water rate adjustment increase as recommended by the Study, and more particularly set forth in Exhibit A, attached and incorporated herein by reference. Be it further determined that the rate increase shall become legally effective as of February 1, 2010. PASSED, APPRovE AND ADOPTED\this 2nd d y of February 2010. DRES USO, MAYOR 3 2/2/2010 STATE OF CALIFORNIA } COUNTY OF ORANGE )ss. CITY OF SAN JUAN CAPISTRANO } 1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 10-02-02-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 2 I day of February 2010, by the following Vote: AYEr5: C , NCIL MEMBERS: Allevato, Nribar, Nielsen, Freese and Mayor Uso NVE C" UNCIL MEMBER: None A S / OUNCIL MEMBER: None IS, City g1,6rk 4 2!212010 City of San Juan Capistrano Water Service Charges/Commodity Charges - Effective February 1, 2010 City of San Juan Capistrano Water Service ChargeslCommodity Charges - Effective July 1, 2010 ($Iec� ($!cc€) ($lcc� ($lcci 518" 15.25 Residential - Regular Lot 2.47 3.29 4.94 9.05 V 22.88 Residential - Large Lot 2.47 3.29 4.94 9.05 1.5" 34.31 Master Meter Residential 3.07 4.09 6.14 11.25 2" 47.98 Multi w Own irrigation 2.73 3.64 5.46 10.01 3" 80.83 Multi w10 Irrigation - Regular 2.73 3.64 5.46 10.01 4" 127.34 Multi w!o Irrigation - High Density 2.73 3.64 5.46 10.01 6" 244 Landscape 2.12 2.83 4.25 7.78 8" 385.06 Agriculture 2.18 2.9 4.35 7,98 Misc. Flat Rate Use 38.28 Commercial 2.38 3.17 4.76 8.72 Mobile Homes 1.53 Construction 4.94 4.94 4.94 4.94 Temp Service - Jumper 15.25 Non -Potable 2,08 2.77 4.16 7.62 No Charge 0 No Charge 0 0 0 0 Firelines 68.63 Firelines 4.94 4.94 4.94 4.94 Construction 80.83 City Farm - (non -tiered) 2.4 3.2 4.8 8.8 Recycled Water 15.25 Recycled Water 2.08 2.77 4.16 7.62 City of San Juan Capistrano Water Service ChargeslCommodity Charges - Effective July 1, 2010 ($ICcf ($Jccf ($ICCO ($1ccQ 518" 18.00 Residential - Regular Lot 2.91 3.88 5.83 10.68 1" 27.00 Residential - Large Lot 2.91 3.88 5.83 10.68 40A9 Master Meter Residential 3.62 4.83 7.25 13.28 2" 56.62 Multi w Own Irrigation 3,22 4.30 6.44 11.81 3" 95.38 Multi wlo Irrigation - Regular 3.22 4.30 6.44 11.81 4" 150.26 Multi wlo Irrigation - High Density 3.22 4.30 6.44 11.81 6" 287.92 Landscape 2,50 3.34 5.02 9,18 8" 454.37 Agriculture 2.57 3.42 5.13 9.42 Misc. Fiat Rate Use 45.17 Commercial 2.81 3.74 5.62 10,29 Mobile Homes 1.81 Construction 5.83 5.83 5.83 5.83 Tomp Service - Jumper 18.00 Non -Potable 2.45 3.27 4.91 8,99 No Charge 0.00 No Charge 0.00 0.)0 0.00 0.00 Firelines 80.98 Firelines 5.83 5.83 5.83 5,83 Construction 95.38 City Farre - (non -tiered) 2.83 3.78 5.66 10.38 Recycfed Water 18,00 Recycled Water 2.45 3.27 4.91 8.99 City of San Juan Capistrano Water Service Charges/Commodity Charges -- Effective July 1, 2411 City of San Juan Capistrano Water Service Charges/Commodity Charges - Effective July 1, 2012 ($Iccf) ($Iccf) Mccf) ($lecf) 518" 18.53 Residential - Regular Lot 3.00 4.00 6.00 11.00 1" 27,81 Residential - Large Lot 3.00 4.00 6.00 11.00 1.51, 41.70 Master Meter Residential 3.73 4.97 7.46 13.67 2" 58.31 Multi w Own Irrigation 3.32 4.42 6.64 12.17 3" 98.24 Multi w/o irrigation - Regular 3.32 4.42 6.64 12.17 4" 154.77 Multi w/o Irrigation - High Density 3.32 4.42 6.64 12.17 6" 296.56 Landscape 2.58 3.44 5.17 9.46 8" 468.00 Agriculture 2.65 3.52 5.29 9.70 Misc. Flat Rate Use 46.53 Commercial 2.89 3.85 5.79 10.60 Mobile Hames 1.86 Construction 6.00 6.00 6.00 6.00 TempService- Jumper 18.53 Non -Potable 2.53 3.37 5.06 9.26 No Charge 0.00 No Charge 0.00 0.00 0.00 0.00 Firelines 83.41 Firelines 6.00 6.00 6,00 6.00 Construction 98.24 City Farm - (non -tiered) 2,92 3.89 5.83 10,70 Recycled Water 18,53 Recycled Water 2.53 3.37 5.06 9,26 City of San Juan Capistrano Water Service Charges/Commodity Charges - Effective July 1, 2012 EXHIBIT A ($Iccf) ($/ccf ($Iccf) ($/ccl) 518" 19.09 Residential - Regular Lot 3.09 4.12 6.18 11.33 1" 28.64 Residential - Large Lot 3,09 4.12 6.18 11.33 1.5" 42.95 Master Meter Residential 3.84 5.12 7.69 14.08 2" 60.06 Multi w Own Irrigation 3.42 4.56 6.84 12.53 3" 101.19 Multi w/o Irrigation - Regular 3.42 4.56 6.84 12.53 4" 159.41 Multi w/o Irrigation - High Density 3.42 4.56 6.84 12.53 6" 305.45 Landscape 2.65 3.54 5.32 9.74 8" 462.04 Agr€culture 2,73 3.63 5.45 9.99 Misc. Flat Rate Use 47.92 Commercial 2,98 3.97 5.96 10.92 Moble Homes 1.92 Construction 6.18 6,18 6.18 6.18 TempService- Jumper 19.09 Non -Potable 2.60 3.47 5,21 9.54 No Charge a.00 No Charge 0.00 0,00 0.00 0.00 Firelines 85.92 Firelines 6.18 6.18 6.18 6.18 Construction 101,19 City Farm - (non -tiered) 3.00 4.01 6.01 11.02 Recycled Water 19.09 Recycled Water 2.60 3.47 5.21 9.54 EXHIBIT A City of San Juan Capistrano Water Service Charges/Commodity Charges - Effective July 1, 2013 EXHIBIT A ($Iccf ($lcct} ($Iccf ($lcct} 518" 19.66 Residential - Regular Lot 3.18 4.24 6.37 11.67 1" 29.50 Ressdent€al - Large Lot 3.18 4.24 6.37 11.67 44.24 Master Meter Residential 3.96 5.27 7.92 14.51 2" 61.87 Multi w Own Irrigation 3.52 4.69 7,04 12.91 3" 104.22 Multi w/o Irrigation - Regular 3.52 4.69 7.04 12.91 4" 164.19 Multi w/o Irrigation - High Density 3.52 4.69 7.04 12,91 V. 314.62 Landscape 2.73 3.65 5.48 10.03 8" 496,50 Agriculture 2.81 3.74 5.61 10.29 Misc. Fiat Rate Use 49.36 Commercial 3.07 4.09 6.14 11.24 Mobile Homes 1.97 Construction 6.37 6.37 6.37 6,37 Temp Service - Jumper 19.56 Non -Potable 2.68 3.57 5.36 9.83 No Charge 0.00 No Charge 0.00 0.00 0.00 0.00 Firelines 86.48 Firelines 6.37 6.37 6.37 6.37 Construction 104.22 City Farm - (non -tiered) 3.09 4.13 6.19 11.35 Recycied Water 19.66 Recycled Water 2.68 3.57 5.36 9.83 EXHIBIT A