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Home My WebLink AboutAgenda Report - January 19, 2011 C-10 PHAGENDA ITEM &* - %-- CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Set Public Hearing for March 16, 2011 to Consider Adopting Resolution Setting Residential Meter Installation Charges MEETING DATE: January 19, 2011 PREPARED BY: Public Works Director RECOMMENDED ACTION: Set public hearing for March 16, 2011 to consider adopting resolution setting residential meter installation charges. BACKGROUND INFORMATION: The City Council, on October 20,2010, approved capping the property owner payment at $300 for the residential portion of the Water Meter Program. At the same time, the City Council approved a seven-year construction schedule (2011 — 2017); an optional lump -sum payment period from April 1, 2011 through June 30, 2011; a three-year monthly installment payment program beginning July 1, 2011; and a payment assistance program for very low- and low- income property owners. Proposition 218 requiresthat notifications be sent to the property owners 45 days prior to the public hearing. The notices will advise the property owners of the $300 charge per meter and the payment options. A draft version of the notice is provided in Exhibit A. At this time, the charge applies only to single-family detached, duplex, triplex, and fourplex residential properties. These notices will be sent once the public hearing date has been set. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. 'A" )" F. Wally S ndelin Public Works Director FWS/pmf cc: Steve Mann, Information Systems Manager APPROVED: Konradt Bartlam. Citv Manager K:\WP\PROJECTS\WATER\Meters\CCSetPH—MeterCharge.doc 12/22/2010 EXHIBIT A Proposition 218 notification and hearing process The Lodi City Council will consider a one time proposed water meter installation fee at a public hearing at 7 p.m. Wednesday, March 16,20 11, at the Carnegie Forum, 305 W. Pine St., Lodi. Proposition 218 requires that the City provide a notice of the proposed fee to all property owners forty-five (45) days prior to holding a public hearing. If a majority of the property owners file oppositions to the infrastructure charge, the infrastructure charge will not take effect. Property owners and renters who pay their water bill may file a written and signed protest against the proposed increases with the City Clerk at or before the close of the public hearing. A protest must contain a description of the property owned sufficient to identify the property (The address or assessor's parcel number is shown on this mailing). If you own more than one parcel, you may file a single protest but it must identify each parcel you own or rent. If the name on the written protest is not shown on the last equalized assessment roll of San Joaquin County as the owner of the property or on the utility account, the signer of the protest must also submit written evidence of ownership or renter -ship and utility infrastructure charge responsibility. The City of Lodi proposes to establish a fee and payment schedule to fund the installation of water meters. The Water Meter infrastructure charge is proposed to be set at $300.00 per meter installation and proposed to be assessed against all single family homes and two, three and four unit residential buildings that are currently separately served. The charge will be due by June 3 0,2 01 1. Properties not paying by June 3 0,2 01 1 will be automatically enrolled in a thirty-six month installment plan bearing interest at the Local Agency Investment Fund rate as of December 2010 plus 1 percent for a total interest rate of 1.46 percent. Payments would total $8.52 per month. Properties that have already paid for a meter will not be charged anything for their meter installation. Properties that installed their own meters will be refunded the difference between their installation costs and $300.00. If you have questions about the fee or a refund, please call the Public Works Department at 333-6706 between 8 a.m. and 5 p.m., Monday through Friday. At the public hearing, Council shall hear all protests and tabulate the ballots. One written protest per parcel, filed by the owner or tenant (paying the utility charge) of the parcel shall be counted in calculating a majority protest to a proposed new fee or charge subject to the requirements of Section 6 of Article XIII D of the California Constitution. If the votes conflict, the City will count the no vote. EXHIBIT A Written protests may be mailed to: City of Lodi Attn: City Clerk P O. Box 3006 Lodi, CA 95241-1910 Written protests may also be delivered in person to the City Clerk, 221 West Pine Street, Lodi, or at the public hearing. The rate increases are being proposed in order to recover the cost of providing the meter. The meter $300.00 infrastructure charge was established using the latest contract costs for meter purchases. If you have any questions about this notice, please call the Public Works Department at 333-6706 between 8 a.m. and 5 p.m., Monday through Friday. RANDI JOHL, City Clerk City of Lodi l OF 4 OQ SUBJECT: PUBLISH DATE: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS PUBLIC HEARING TO CONSIDER SETTING RESIDENTIAL METER INSTALLATION CHARGES SATURDAY, FEBRUARY 5,2 011 SATURDAY, MARCH 5, 2 011 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: TUESDAY, FEBRUARY 1,2011 ORDEREDBY: RANDI JOHL CITY CLERK r NIFER . ROBI ON, CMC SSISTANT CITY CLERK RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 MARIA BECERRA ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Faxed to the S.6hf! f601-1-1084 at 1 ' ttime> on, btl(date> (pages) - l NS _ __ Phoned to,.wn tm,rece�pt o ,pages at (time) _ ,r CF MB :�JMR (initials) forms\advins.doc • CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi Date: March 16, 2011 Time: 7:00 p.m. For information regarding this notice please contact: Rand! Johl City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Government Code §54354.5, that on Wednesday, March 16, 2011, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Resolution setting residential meter installation charges (as identified on the attached Exhibit A). Information regarding this item may be obtained in the Public Works Department, 221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to present their views and comments on this matter. Written protests may be filed with the City Clerk, City Hall, 221 W. Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. At said hearing, any person interested, including any person owning property in the City, may be heard as to whether said charges are discriminatory or excessive, or will not be sufficient under Government Code Section 54515, or will not comply with the provisions or covenants of any outstanding revenue bonds of the City payable from the revenues of the respective enterprise, or will not comply with the provisions of Title 5, Division 2, Part 1, Chapter 6 "The Revenue Bond Law" of the Government Code, or an any other matter related to the proposed charges or their method of adoption. Or of the Lodi City Council: R City Clerk Dated: January 19,2011 V s to for D. Step EShwabauer City Attorney JACITYCI.MFORMSPH NOTICE publication ResMeterfnstaBCharges_Prop218.doc 1121111 RESOLUTION NO. 2011- A RESOLUTION OF THE LODI CITY COUNCIL SETTING RESIDENTIAL WATER METER INSTALLATION CHARGES WHEREAS, the Council of the City of Lodi finds as follows: 1. The City of Lodi provides water supply service to its citizens; 2. The State has mandated that all water supply services be metered by January 1,2025; 3. Staff recommends establishment of a fee and payment schedule to fund the installation of water meters; 4. The water meter infrastructure charge is to be set at $300 per meter installation and is to be assessed against all single-family homes and duplex, triplex and fourplex residential buildingsthat are currently served; 5. The water meter infrastructure charge will be due on June 30, 201 t 6. Properties not paying by June 30, 2011 will be automatically enrolled in a 36 -month installment plan bearing interest at the Local Agency Investment Fund rate as of December 2010 plus one percent, for a total interest rate of 1.46 percent and a payment total of $8.52 per month; 7. Properties that have already paid for a meter will not be charged anything for their meter installation: 8. Properties that installed their own meters will be refunded the difference between their installation costs and $300; 9. The Council directed that notice of a hearing thereon be given to the property owners and water service utility customers in the City, with such notice to include, among other matters, the information required to be included pursuantto California law; 10. Pursuant to California Constitution, Article XIIIC and Government Code 53755, such notice has been mailed to those property owners and account holders, at feast 45 days before the hearing, as evidenced by a Certificate of Mailing on file with the City Clerk; 11. The Council also directed that notice of a hearing thereon be given with such notice to include the information required to be included pursuant to Government Code section 54354.5; 12. Such notice has been published once each week for two weeks, in accordance with Government Code section 54354.5, in the Lodi News - Sentinel as evidenced by Proofs of Publication on file with the City Clerk; follows: 13. On March 16, 2011, the City Council conducted said public hearing, at which time the City Council heard all objections and protests to the proposed residential water meter installation charges; 14. Written protests against the proposed residential water meter installation charges were not presented by a majority of the property owners and water utility customers; and 15. The proposed residential water meter installation charges are not discriminatory or excessive, are sufficient under Government Code section 54515, comply with the provisions or covenants of any outstanding revenue bonds of the City payable from the revenues of the enterprise, comply with the provisions of Title 5, Division 2, Chapter 6 of the Government Code, and are in compliance with all other applicable law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as Section 1. Recitals. The foregoing recitals are true and correct. Section 2. Lew of Charges. Pursuantto Sections 13.08.010, 13.12.240, and 13.16.110 of the Lodi Municipal Code, residential water meter installation charges as attached hereto as Exhibit are hereby approved. Section 3. Delinquency/Assessment. Properties not paying by June 30, 2011, will be delinquent and automatically enrolled in a thirty-six month installment plan bearing interest at the Local Agency Investment Rate as of December 2010 plus 1 percent for a total interest rate of 1.46 percent. Payments will total $8.52 per month. The delinquency shall be secured as a lien on the applicable property as authorized by Government Code Section 54354. Section 4. Effective Date. This resolution shall take effect from and after the date of its passage. Dated: March 16, 2011 ------------------------------------------------------------------- ................................................................... hereby certify that Resolution No. 201 1- was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 16, 2011, by the following vote: AYES: COUNCIL MEMBERS— NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS— ABSTAIN: COUNCILMEMBERS— RANDIJOHL City Clerk 2011- Exhibit AI RESIDENTIAL WATER METER INSTALLATION CHARGES Water Meter Procurement and Installation $300 due by June 30, 2011 Due June 30 2011 36 -Month Installment Plan $8.52/month July 1 2011 — June 30 2014 USPS - Postage Statement Wizard 25.0.0 PS Form 3602-R- Standard Mail - Permit Imprint Postage Summary Page 1 of 2 Final Permit Holder: PRESORTCENTER 3806 CORONADO Mailing Agent: PRESORTCENTER 3806 CORONADOAVE# A Org. For Mailing is Prepared: '�ITY OF LODI 125 S HUTCHINS Line Number VE # A Title STOCKTON Price ST Postage STOCKTON None 3 -Digit Letters 3.3 oz (0.2063 lbs) or less LODI 151 pcs. Contact: ANGELA A4 Telephone: (209) 941-2467 MixedAADC Telephone: (209) 0.270 (209) 941- 2467 $180.0900 A9 DSCF 941-2467 Letters3.3 oz (0.2063 lbs) or less customeroare@pre- 1760pcs. $334.4000 A10 DSCF 3 -Digit sort.com 0.208 413 pcs. $85.9040 Al 1 DSCF Permit Imprint269 Letters 3.3 oz (0.2063 lbs) or less 0.210 78 pcs. $ 16.3800 Permit Holders Permit: Price Eligibility: Mailing Agent's Permit: Permit Imprint 269 Processing Category: Letters $654.6750 Regular Line CRID: 5172578 Title CRID: 5172578 Price CRID: Post Office Of Mailing: STOCKTON CA 95213 Mailer Provided IMailinq Date: 01/2512011 Weight tf Single Piece: 0.0124 lbs. Total Pieces: 12,272 pcs. I Total Weight: 152.1728lbs. Total Postage: $2,037.94 Se uencin Date: 01/20/2011 Address Matching Date -Automation: 01/20/2011 Address Matching Date- Carrier Route: 01/20/201 1 No of Containers: 1' MM 32 2' MM 2' EMM Flat Sacks: Pallets: Other: Trays: Trays: 11 Trays: Trays: Statement Se uence No 1 12931 Move Update Method: I NCOALink Part B Postage: $38.1690 PartA :Automation Letters Line Number Entry Discount Title Description Price Quantity Postage A2 None 3 -Digit Letters 3.3 oz (0.2063 lbs) or less 0.251 151 pcs. $ 37.9010 A4 None MixedAADC Letters 3.3 oz (0.2063 lbs) or less 0.270 667 pcs. $180.0900 A9 DSCF 5 -Digit Letters3.3 oz (0.2063 lbs) or less 0.190 1760pcs. $334.4000 A10 DSCF 3 -Digit Letters 3.3 oz (0.2063 lbs) or less 0.208 413 pcs. $85.9040 Al 1 DSCF AADC Letters 3.3 oz (0.2063 lbs) or less 0.210 78 pcs. $ 16.3800 PartA Postage: $654.6750 PartB : Nonautomation Letters Line Entry Title Description Price Quantity Postage Number Discount B2 None Mixed AADC Machinable Letters 3.3 oz (0.2063 lbs) or less 0.273 22 pcs. $6.0060 B5 DSCF AADC Machinable Letters 3.3 oz (0.2063 lbs) or less 0.213 151 pcs. $32.1630 Part B Postage: $38.1690 Part C : Carrier Route Letters Line Entry Title Description Price Quantity Postage Number Discount C1 None Saturation (Automation) Letters 3.3 oz. (0.2063 lbs.) or less 0.182 6 pcs, $ 1.0920 c3 None Basic (Automation) Letters 3.3 oz. (0.2063 lbs.) or less 0.262 36 pcs. $9.4320 c7 DSCF Saturation (Automation) Letters 3.3 oz. 0.2063 lbs.) or less 0.139 1239 pcs. $172.2210 C8 DSCF High Density (Automation) Letters 3.3 oz. 0.2063 lbs.) or less 0.150 7749pos, $1,162.3500 PartC Postage: $ 1,345.0950 Total Postage From All Parts: $2,037.9390 Affixed Postage: $0.00 Certification The mailer's signature certifies acceptance of liability for and agreement to pay any revenue deficienciesassessedon this mailing, subject to appeal. If an agent signs this form, the agent certifies that he or she is authorized to sign on behalf of the mailer, and that the mailer is bound by the certification and agrees to pay any deficiencies. In addition, agents maybe liable for any deficiencies resulting from matters within their responsibility, knowledge, or control. hereby certify that all information furnished on this form is accurate, truthful, and complete; that the mail and the supporting documentation comply with all postal standardsand that the mailing qualifies for the prices and fees claimed; and that the mailing does not contain any matter prohibited by law or postal regulation. understand that anyone who furnishes false or misleading information on this form or who omits information requested on the form may be subject to criminal and/or civil penalties, including fines and imprisonment. https://www.uspspostalone.catn/postal/postage_statements/index.cfm?fa=web_Version&j,,, 1/26/2011 USPS - Postage Statement Wizard 25.0.0 Facsimile Form 3602-R Page 2 of 2 Weight of a Single Piece Are figures at left adjusted from mailer's entries? Performance Status Yes x No If Yes Give Reason Total Pieces Total Weight Date Mailer Notified 12,272pcs. 169.3536 lbs. Cost I Avoidance Total Postage Contact $2,037.94 N/A PresortVerification: CheckOne(If Applicable) By (Initials) Not Scheduled[ ) Performed Mailerdeclared information is in error or incomplete I CERTIFY that this mailing has been inspected concerning: (1) eligibility for postage price claimed; (2) Proper preparation (and presortwhere re uired): and 3) proper comletionof postage statement; and 4 a mentof annual fee if required). Verifying Employee's Sinature Verifying Employee's Name MERLIN Round Stamp Required %tional Procedure 11bMAon Code Mailing Date Verification RequestSource Performance Status Dispositiot Performance Type Performance Percentage Additional Postage Cost I Avoidance eMIR Cursory review Not Performed N/A N/A Weigh Entire Mailing Mailerdeclared information is in error or incomplete Performed N/A Weigh Verification Error 100% N/A N/A MERLIN Verification not requested by system Not Performed N/A N/A This mailing has been inspected concerning: (1) eligibility for postage prices claimed; (2) proper preparation (and presort where required); (3) proper completion of postage statement; and (4) payment of annual fee (if required). https://www.uspspostalone.com/postalI/postage_statements/index.cfm?fa=web version&j... 1/26/2011 City of Lodi Public Works Dept. P.O. Box 3006 Lodi, CA 95241 episui aoijou aajaua aajsnn juspodwj PRSRT STD U.S. Postage PAID Stockton, CA Permit No. 269 Proposition 218 notification and hearing process The Lodi City Council will con- sider a one-time proposed water meter installation fee at a public hearing at 7 p.m. Wednesday, March 16, 2011, at the Carnegie Forum, 305 W. Pine St., Lodi. Proposition 218 requires that the City provide a notice of the pro- posed fee to all property owners forty-five (45) days prior to holding a public hearing. If a majority of the property owners file oppositions to the infrastruc- ture charge, the infrastructure charge will not take effect. Property owners may file a written and signed protest against the proposed fee with the City Clerk at or before the close of the public hearing. A protest must contain a description of the property owned sufficient to identify the property (The ad- dress or assessor's parcel num- ber is shown on this mailing). If you own more than one parcel, you may file a single protest but it must identify each parcel you own. If the name on the written protest is not shown on the last equalized assessment roll of San Joaquin County as the owner of the property or on the utility ac- count, the signer of the protest must also submitwritten evidence of ownership and utility infra- structure charge responsibility. The City of Lodi proposes to es- tablish a fee and payment sched- ule to fund the installation of wa- ter meters. The Water Meter in- frastructure fee is proposed to be set at $300.00 per meter installa- tion and proposed to be assessed against all single-family homes and two-, three- and four -unit residential buildings that are cur- rently separately served. The fee will be due by June 30,2011. Properties not paying by June 30,2011 will be automatically enrolled in a 36 -month install- ment plan bearing interest at the Local Agency Investment Rate as of December 20 10plus 1 per- cent for a total interest rate of 1.46 percent. Payments would total $8.52 per month. Properties that have already paid for a meter will not be charged for their meter instal- lation. Properties that in- stalled their own meters in 2010 will be refunded the dif- ference between their installa- tion costs. At the public hearing, Council shall hear all protests and tabu- late the ballots. One written pro- test per parcel, filed by the prop- erty owner of the parcel shall be counted in calculating a majority protest to the proposed new fee or charge subject to the require- ments of Section 6 of Article XIII D of the California Consti- tution. If the votes conflict, the City will count the no vote. Written protests may be mailed to: City of Lodi Attn: City Clerk P O. Box 3006 Lodi, CA 95241-1910 Written protests may also be de- livered in person to the City Clerk, 221 West Pine Street, Lodi, or at the public hearing. The charge is being proposed in order to recover the cost of pro- viding and installing the meter, which is required by the 2004 State law, AB 2572. The $300.00 meter infrastructure fee was established using the lat- est contract costs for meter pur- chases and installation. If you have questions about the fee or a refund, please call the Public Works Department at (209) 333-6706 between 8 a.m. and 5 p.m., Monday through Fri- day. RANDI JOHL, City Clerk City of Lodi