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HomeMy WebLinkAboutAgenda Report - May 19, 2010 D-14 PHAGENDA ITEM lDqo* 114 CITY OF LODI COUNCIL COMMUNICATION ,m AGENDA TITLE: Set Public Hearing for July 21, 2010 to Consider Adopting Resolution Setting Usage -Based and Flat Water and Wastewater Rates for Residential, Commercial and Industrial Customers and Meter Installation Charges MEETING DATE: May 19, 2010 PREPARED BY: Public Works Director RECOMMENDEDACTION: Set public hearing for July 21, 2010 to consider adopting a resolution setting usage -based and flat water and wastewater rates for residential, commercial and industrial customers and meter installation charges. BACKGROUND INFORMATION: The City Council has made numerous water and wastewater rate decisions over the past year, as summarized below. The recommended action at the July 21, 2010 City Council meeting will be to implement and/or modify these previous actions. May 20, 2009 City Council waived Consumer Price Index (CPI) adjustment of water rates based upon a lack of new information supporting neither an increase nor a decrease. July 15, 2009 City Council approved wastewater rate increases of 25 percent effective July 16, 2009; 20 percent effective July 1, 2010; 10 percent effective July 1, 2011; and 5 percent effective July 1, 2012. Also, the City Council approved an Engineering News Record — 20 Cities Average (ENR) based indexing of wastewater rates beginning with FY 2012/13. A Proposition 218 procedure was conducted that validated these actions. January 6, 2010 City Council received advisory usage -based water and wastewater residential rates for the purpose of research and customer billing comparisons, as the City transitions to a metered water system to comply with State law. March 17, 2010 City Council approved property owner charges for five classes of meter installation types ranging from $300 to $1,200 and two optional payment plans, one-time or seven-year low-interest installments. Staff recommendsthe following actions betaken following the Public Hearing on July 21, 2010. Water Rates 1. Change the date for implementing the annual rate adjustment to January 1 for each of the five years (maximum timeframe allowed by Proposition 218) following January 1, 2011. This change is recommended so that rate changes occur at the lowest usage time of the year. APPROVED: loorf fft Bartlam, Interim City Manager KAWP\UTILITY RATES\W WW\2010 W WW Rate Increase\CCSetPH_WWRates.doc 5/1312010 Set Public Hearing for July 21, 2010 to ConsiderAdopting Resolution Setting Usage -Based and Flat Water and Wastewater Rates for Residential, Commercial and Industrial Customers and Meter Installation Charges May 19,2010 Page 2 2. Change the water rate adjustment index from the CPI to the ENR, effective January 1, 2012, because this index better reflects the combined inflationary effects of personnel, materials and energy costs on the total operations of the utility as was done for the Wastewater Rates on July 15,2010. The CPI adjustment for the period December2007 through December 2008 was waived by City Council on May 20, 2009. The CPI -based projected adjustmentfor the period December2008 through December2010 is 5.98 percent. The ENR -based projected adjustment for the period December2008 through December2010 is 2.10 percent. 3. Adopt usage -based and flat water rates for residential customers as presented in ExhibitA to become effective January 1, 2011. These are the same residential rates received at the January 6, 2010 City Council meeting but with a 2.00 percent inflationary increase added to the flat rates, base rates and each tier. An additional two years deferral of rate adjustment is not recommended but smaller annual adjustments are recommendedto avoid larger catch-up adjustments in the future, as was the case with the Wastewater Rates. 4. Change the multi -family and nonresidential usage -based rate structure for meter sizes 1 inch and smallerto establish paritywith the residential customers, as presented in ExhibitA. Forthese multi -family and nonresidential customers, the monthly base rate would decrease by $3.39 to $5.42 per month for meter sizes 5/8 -inch through I -inch. There is a single usage tier for multi -family and nonresidential customers and it is recommended to increase by $0.081 per hundred cubicfeet (748 gallons) from $0.789 to $0.86 per hundred cubic feet. 5. Eliminatethe "Infrastructure" and "PCE/TCE" line item on the water utility bills, as was done for the wastewater utility bills on July 15, 2009. 6. Adopt the meter installation charge schedule presented in Exhibit B. The field work to identifythe specific installation class for every parcel has begun. The property owners will be advised of their installation class by spring 2011 at which time lump sum payments will be accepted through June 30, 2011. The seven-year installment billings will be sent to property owners beginning July 2011. As previously presented to the City Council, analysis of the water rates has been focused upon setting usage -based residential rates in support of the Water Meter Program. Analysis of the commercial/industrial rate structure confirms these rates are too low but no corrective action is recommended at this time. Further analysis is required. Wastewater Rates Adopt usage -based and flat monthly wastewater rates for residential and nonresidential customers as presented in Exhibit C effective immediately. For customers paying a usage - based water bill, the wastewater monthly rate will be determined based upon their average monthly water usage from the previous December, January, and February. Wastewater monthly rates will be recalculated each year and put into effect beginning with July billings each subsequentyear. Proposition 218 requires that notifications be sent to the property owners and utility customers 45 days prior to the public hearing. These notices will be sent once the public hearing date has been set. Opposition to the rate changes is limited to the following actions: 1. For the water rates, establishing the ENR index as the basis of future annual rate adjustments, implementing the 2.00 percent increase, adopting the usage -based rate structure and adopting the meter installation charge schedule. K:\WP\UTILITY RATES\W—WW\2010 W WW Ratelncrease\CCSetPH_WWRates.doc 5/14/2010 Set Public Hearing for July 21, 2010 to ConsiderAdopting Resolution Setting Usage -Based and Flat Water and Wastewater Rates for Residential, Commercial and Industrial Customers and Meter Installation Charges May 19,2010 Page 3 2. For the wastewater rates, adopting the usage -based rate structure. Revenue Neutrality: Both the water and wastewater usage -based rates are calculated to generate the same revenue as the flat rates from the prior year, but they include updated projections of revenues and expenditures for the next one to five years. The rates recommended to become effective immediatelyfor wastewater and on January 1, 2011 for water reflect this. Water Utility Model: City Council approved a professional services agreementwith The Reed Group on August 6, 2008, for the preparation of a water utility financial model. Although new to Lodi, this is a common tool used to track revenues and expenditures for a utility. The model has been used to forecast the performance of the utility through FY 2019/20 while incorporating substantial capital investments including the water meter program, infrastructure replacement program, property owner meter payments, and PCE/TCE remediation costs. The recommended rates presented in ExhibitA were developed using this tool. Wastewater Utility Model: The Reed Group has recently completed development of a new Wastewater Utility Financial Model. The new model is essentially the same as before but assumptions have been renewed and revenue and expense information has been updated based upon actual. The recommended rates presented in Exhibit C were developed using this tool. Water and Wastewater Capacity Charge: The capacity charge (development impact fee) for Water and Wastewater are not part of the rate structure for the utility. These charges will be updated along with the Lodi Development Impact Fee Program that is expected to be completed within 18 months. Final costs for the White Slough expansion, future White Slough expansion costs, and the Water Treatment Plant costs will be incorporated into the capacity charges. FISCAL IMPACT: Increased revenues to the water and wastewater utility required to keep up with cost of service increases and new mandated costs. FUNDING AVAILABLE: Not applicable. �(av'4' F. Wally SanOelin Public Works Director FWS/pmf Attachments cc: Steve Mann, Information Systems Manager Charlie Swimley, Deputy PublicWorks Director — Utilities K:\WP\UTILITY RATES\W WW\2010 W WW Rate lncrease\CCSetPH WWRates.doc 5/13/2010 Exhibit City of Lodi -- Water Utility current ana vr000sea water nates Notes: Exhibit A J (1) Revised July 1, 2008. (2) Current residential metered rates are revenue neutral and were approved for comparative billing purposes only. (3) Proposed multi -family and non-residential rates improve equity with single family water rates The Reed Group, Inc. DRAFT -- 05/14/2010 Current (1) Jan. 2011 Flat Rates ($/month) Percent Increase 2 Single Family Residential Unit ($/month) 1 Bedroom $ 27.98 $ 28.54 2 Bedroom $ 33.61 $ 34.28 3 Bedroom $ 40.28 $ 41.09 4 Bedroom $ 48.40 $ 49.37 5 Bedroom $ 58.06 $ 59.22 6 Bedroom $ 69.67 $ 71.06 7 Bedroom $ 83.58 $ 85.25 Multi -Family Residential Unit ($/month) 1 Bedroom $ 24.02 $ 24.50 2 Bedroom $ 28.81 $ 29.39 3 Bedroom $ 34.57 $ 35.26 Metered Water Rates Service Charge ($/month) Single Family Residential (2) Up to 3/4" Meter $ 22.25 $ 22.70 1" Meter $ 36.15 $ 36.85 11/2" Meter $ 70.60 $ 72.00 2" Meter $ 112.10 $ 114.35 Multi -Family and Non -Residential 3) 5/8" Meter $ 25.64 $ 22.70 3/4" Meter $ 28.17 $ 22.70 1" Meter $ 42.27 $ 36.85 11/2" Meter $ 56.35 $ 57.50 2" Meter $ 70.45 $ 71.85 3" Meter $ 98.63 $ 100.60 4" Meter $ 126.80 $ 129.35 6" Meter $ 183.16 $ 186.80 8" Meter $ 239.48 $ 244.30 10" Meter $ 295.83 $ 301.75 Water Usage Rates ($/CCF) Single Family Residential (2) Tier 1 - 0 to 10 CCF/month $ 0.86 $ 0.88 Tier 2 - 11 to 50 CCF/month $ 1.29 $ 1.32 Tier 3 - Over 50 CCF/month $ 1.71 $ 1.74 Multi -Family and Non -Residential (3) All Water Usage $ 0.789 $ 0.88 Notes: Exhibit A J (1) Revised July 1, 2008. (2) Current residential metered rates are revenue neutral and were approved for comparative billing purposes only. (3) Proposed multi -family and non-residential rates improve equity with single family water rates The Reed Group, Inc. DRAFT -- 05/14/2010 Exhibit B WATER METER INSTALLATION CHARGES Class Description Charge Monthly Total of Payment Pa ments 1 Meter and ERT $300 $3.76 $315.84 2 Noxstandard Meter $450 $5.65 $474.60 3 Rich Box in Front Yard $1,100 $13.80 $1,159.20 4 Rich Box in Rear Yard $1,200 $15.06 $1,265.04 5 New Meter Service on $1,200 $15.06 $1,265.04 New Main K:\WP\UTILITY RATES\W WW\2010 W WW Rate Increase\CCSetPH WWRates ExB.doc Exhibit City of Lodi -- Wastewater Utility iLurreni ano rro osea wastewater nates Current 1 July 2010 Residential Percent increase 12 Flat Rates ($/month) 1 Bedroom $ 20.81 $ 23.31 2 Bedroom $ 27.74 $ 31.07 3 Bedroom $ 34.68 $ 38.84 4 Bedroom $ 41.61 $ 46.60 5 Bedroom $ 48.55 $ 54.38 6 Bedroom $ 55.48 $ 62.14 7 Bedroom $ 62.42 $ 69.91 Usage -Based Rates (2) Service Charge ($/month) $ 18.95 $ 21.22 Usage Charge ($/CCF) (3) $ 2.15 $ 2.41 Non -Residential ($/month) Moderate Strength (per SSU) $ 27.74 $ 31.07 High Strength Flow (per MG, annual basis) $ 2,808.88 $ 3,145.95 BOD (per 1,000 lbs, annual basis) $ 463.54 $ 519.16 SS (per 1,000 lbs, annual basis) $ 289.83 $ 324.61 Grease Interceptor & Septic Holding Tank Waste within City Limits (per 1,000 gal. $ 245.44 $ 274.89 Septic (only) Holding Tank Waste Outside City Limits (per 1,000 gal.) $ 521.03 $ 583.55 Disposal to Storm Drain System (per M( $ 257.80 $ 288.74 Disposal to Industrial System (4) Flow (per MG, annual basis) $ 2,218.78 $ 2,485.03 BOD (per 1,000 lbs, annual basis) $ 20.34 $ 22.78 Winery Wastewater (per 1,000 gal.) $ 248.53 $ 278.35 Notes: (1) Revised July 16, 2009. (2) Current revenue neutral rates were approved for comparative billing purposes only. (3) Winter water usage determined as average monthly usage from December through February. (4) 2007 Industrial System rates are shown. Rates are calculated annually per LMC Sec. 13.12.210. The Reed Group, Inc. DRAFT -- 05/13/2010 City of Lodi -- Wastewater Utility current ana vro osea water usa a-basea Kesiaentiai wase Current 1 July 2010 Monthly Fixed Service Charge $ 18.95 $ 21.22 Wastewater Flow Charge $ 2.15 $ 2.41 Based on Winter Water Usage (2) Monthly Wastewater Bills (for various usages) Winter Water Use (CCF) 0 $ 18.95 $ 21.22 1 $ 21.10 $ 23.63 2 $ 23.25 $ 26.04 3 $ 25.40 $ 28.45 4 $ 27.55 $ 30.86 5 $ 29.70 $ 33.27 6 $ 31.85 $ 35.68 7 $ 34.00 $ 38.09 8 $ 36.15 $ 40.50 9 $ 38.30 $ 42.91 10 $ 40.45 $ 45.32 11 $ 42.60 $ 47.73 12 $ 44.75 $ 50.14 13 $ 46.90 $ 52.55 14 $ 49.05 $ 54.96 15 $ 51.20 $ 57.37 16 $ 53.35 $ 59.78 17 $ 55.50 $ 62.19 18 $ 57.65 $ 64.60 19 $ 59.80 $ 67.01 20 $ 61.95 $ 69.42 Notes: ewater Rates (1) Estimated to be revenue neutral relative to the wastewater rates implemented in July 2009. (2) Winter water usage determined as average monthly usage from December through February. Special Notes: - Sample is only about 5% of residential accounts - Sample is skewed to larger homes (more bedrooms) - To compensate, calculation is based on minimum winter usage rather than average winter usage The Reed Group, Inc. DRAFT -- 05/13/2010 MEDIA ADVISORY FOR APTA MEMBERS To Be Issued Before June 17,2010 — 5th Annual National Dump the Pump Day FIFTH ANNUAL NATIONAL DUMP THE PUMP DAY TO BE HELD ON JUNE 17 Dump the Pump. Save Money. Ride Transit. LODI, CA - With the economic recession still in effect and with the return of high gas prices, City of Lodi's GrapeLine announced today that it will j oin with other public transportation systems nationwide to participate in the Fifth Annual National Dump the Pump Day on Thursday, June 17. The slogan of this year's National Dump the Pump Day is "Dump the Pump. Save Money. Ride Transit." Sponsored by the American Public Transportation Association (APTA) the 2010 National Dump the Pump Day is a day that encourages people to ride public transportation and save money, instead of driving a car. Started in June 2006 when gas prices were $3 per gallon, this national day emphasizes that public transportation is a great travel option that also helps people save money. In this economic climate, saving money is on everyone's minds and public transportation is the quickest way to beat high gas prices. According to the latest APTA Transit Savings Report (put in link), individuals in a two person household can save an average of more than $9,000 annually by downsizing to one car. WHAT: 5th Annual National Dump the Pump Day WHERE: at City of Lodi's GrapeLine and transit agencies nationwide WHEN: Thursday, June 17, 2010 To find out more about the GrapeLine's Dump the Pump activities go to www.lodi.gov/transit or call the City of Lodi's Transit Department at 209.333.6706. Item No. D-14 Exhibit C Exhibit City of Lodi -- Wastewater Utility Grease Interceptor & Septic Holding Tank Waste within City Limits (per 1,000 gal. $ Septic (only) Holding Tank Waste Outside City Limits (per 1,000 gal.) $ Disposal to Storm Drain System (per M( $ Disposal to Industrial System (4) 245.44 $ 274.89 521.03 $ 583.55 257.80 $ 288.74 Flow (per MG, annual basis) $ 2,218.78 BOD (per 1,000 lbs, annual basis) $ 20.34 Winery Wastewater (per 1,000 gal.) $ 248.53 $ 2,485.03 $ 22.78 $ 278.35 Notes: (1) Revised July 16, 2009. (2) Current revenue neutral rates were approved for comparative billing purposes only. (3) Winter water usage determined as average monthly usage from December through February. (4) 2007 Industrial System rates are shown. Rates are calculated annually per LMC Sec. 13.12.210. The Reed Group, Inc. DRAFT-- 05/18/2010 Current (1) July 2010 Residential Percent Increase 12 Flat Rates ($/month) 1 Bedroom $ 20.81 $ 23.31 $ 23.38 2 Bedroom $ 27.74 $ 31.07 3 Bedroom $ 34.68 $ 38.84 4 Bedroom $ 41.61 $ 46.61 $-46:68 5 Bedroom $ 48.55 $ 54.37 $-54.38 6 Bedroom $ 55.48 $ 62.14 7 Bedroom $ 62.42 $ 69.91 Usage -Based Rates (2) Service Charge ($/month) $ 18.95 $ 21.22 Usage Charge ($/CCF) (3) $ 2.15 $ 2.41 Non -Residential ($/month) Moderate Strength (per SSU) $ 27.74 $ 31.07 High Strength Flow (per MG, annual basis) $ 2,808.88 $ 3,145.95 BOD (per 1,000 lbs, annual basis) $ 463.54 $ 519.16 SS (per 1,000 lbs, annual basis) $ 289.83 $ 324.61 Grease Interceptor & Septic Holding Tank Waste within City Limits (per 1,000 gal. $ Septic (only) Holding Tank Waste Outside City Limits (per 1,000 gal.) $ Disposal to Storm Drain System (per M( $ Disposal to Industrial System (4) 245.44 $ 274.89 521.03 $ 583.55 257.80 $ 288.74 Flow (per MG, annual basis) $ 2,218.78 BOD (per 1,000 lbs, annual basis) $ 20.34 Winery Wastewater (per 1,000 gal.) $ 248.53 $ 2,485.03 $ 22.78 $ 278.35 Notes: (1) Revised July 16, 2009. (2) Current revenue neutral rates were approved for comparative billing purposes only. (3) Winter water usage determined as average monthly usage from December through February. (4) 2007 Industrial System rates are shown. Rates are calculated annually per LMC Sec. 13.12.210. The Reed Group, Inc. DRAFT-- 05/18/2010 Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 9524 1-1 91 0 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER RESOLUTION SETTING USAGE -BASED AND FLAT WATER AND WASTEWATER RATES FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS PUBLISH DATE: SATURDAY, JUNE 26,2010 SATURDAY, JULY 10,2010 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILLTO: LNS ACCT. #0510052 BATED: FRIDAY, JUNE 11, 2010 ORDERED BY: RANDI JOHL CITY CLERK _ PER ROBISONMC . C ASSISTANT 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 Sentinel at 369-1084 at (time) a (date) (pages) LNS Phoned to confirmreceipt of all pages at Mime) CF MB J M R (initials) formAadvins.doc DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER RESOLUTION SETTING USAGE -BASED AND FLAT WATER AND WASTEWATER RATES FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS On Friday, June 11, 2010, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider resolution setting usage -based and flat water and wastewater rates for residential, commercial, and industrial customers (attached and marked as Exhibit A) was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjurythat the foregoing is true and correct. Executed on June 11, 2010, at Lodi, California. J NIFER V. ROBISON, CMC ASSISTANT CITY CLERK N:\Administration\CLERK\Forms\DECPOSTPW.DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK • CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi Date: July 21, 2010 Time: 7:00 p.m. For information regarding this notice please contact: Randi Johl City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING - f E.Xlh I i NOTICE S HEREBY GIVEN, pursuant to Government Code §54354.5, that on Wednesday, July 21, 2010, 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 usage -based and flat water and wastewater rates for residential, commercial, and industrial customers (as identified on the attached ExhibitA and B). 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" cf the Government Code, or an any other matter related to the proposed charges or their method of adoption. By 0559r of the Lodi City Council: R I City Clerk Dated: May 19,2010 JACITYCLRIUORMStPH NOTICE publicationSolidWsteRates_Prop218.doc 6/8/70 RESOLUTION NO. 2010- A RESOLUTION OF THE LODI CITY COUNCIL SETTING USAGE-BASEDAND FLATWATERAND WASTEWATER RATES FOR RESIDENTIAL, COMMERCIAL,AND INDUSTRIAL CUSTOMERS WHEREAS, the Council of the City of Lodi finds as follows: 1. The City of Lodi provides water supply and wastewater disposal service to its citizens; 2. The City charges customers of these utilities a charge to fund the on- going operation and maintenance of the water supply and wastewater disposal service; 3. On July 15, 2009, Council approved wastewater rate increases of 25 percent effective July 16, 2009; 20 percent effective July 1, 2010; 10 percent effective July 1, 2011; and 5 percent effective July 1, 2012. Council also approved an Engineering News Record — 20 Cities Average (ENR) based indexing of wastewater rates beginning with FY 2012/13. A proposition 218 procedure was conducted that validated these actions; 4. On January 6, 2010, Council received advisory usage -based water and wastewater residential rates for the purpose of research and customer billing comparisons, as the City transitions to a metered water system to comply with State law; 5. Staff recommends changing the date for implementing the annual water rate adjustment to January 1 for each of the five years following January 1, 2011. This change is recommended so that rate changes occur at the lowest usage time of the year; 6. Staff recommends changing the water rate adjustment index from the Consumer Price Index to the ENR, effective January 1, 2012, because this index better reflects the combined inflationary effects of personnel, materials and energy costs on the total operations of the water utility; 7. Staff recommends adopting usage -based and flat water rates for residential customers as presented in Exhibit A to become effective January 1,2011; 8. Staff recommends changing the multi -family and nonresidential usage - based rate structure for meter sizes 1 inch and smaller to establish parity with the residential customers, as presented in ExhibitA; 9. Staff recommends eliminating the "Infrastructure" and "PCE/TCE" line item on the water utility bills, as was done for the wastewater utility bills on July 15, 2009; follows: 10. Staff recommends adopting usage -based and flat monthly wastewater rates for residential and nonresidential customers as presented in Exhibit B effective immediately. For customers paying a usage -based water bill, the wastewater monthly rate will be determined based upon their average monthly water usage from the previous December, January, and February. Wastewater monthly rates will be recalculated each year and put into effect beginning with July billings each subsequent year; 11. The Council directed that notice of a hearing thereon be given to the property owners and water service and wastewater disposal utility customers in the City, with such notice to include, among other matters, the information required to be included pursuantto California law; 12. Pursuant to California Constitution, Article XIIIC and Government Code 53755, such notice has been mailed to those property owners and account holders, at least 45 days before the hearing, as evidenced by a Certificate of Mailing on file with the City Clerk; 13. 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; 14. 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; 15. Ch July 21, 2010, the City Council conducted said public hearing, at which time the City Council heard all objections and protests to the proposed usage -based and flat water and wastewater rates for residential, commercial and industrial customers; 16. Written protests against the proposed usage -based and flat water and wastewater rates for residential, commercial and industrial customers were not presented by a majority of the property owners and water and wastewater utility customers; and 17. The proposed usage -based and flat water and wastewater rates for residential, commercial and industrial customers are not discriminatory or excessive, are sufficient under Government Code section 54515, compiy 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. Levy of Charges. Pursuantto Sections 13.08.010, 13.12.240, and 13.16.110 of the Lodi Municipal Code, the usage -based and flat water and wastewater rates for residential, commercial, and industrial customers as attached hereto as Exhibits and B are hereby approved. Section 3. Subsequent Adjustments. As provided by Government Code Section 53756, the rates shown in Exhibits A and B may be adjusted annually for a period of five years by resolution beginning January 2012 through January 2016 for water rates and July 2011 through July 2016 for wastewater rates, with Council approval following a public hearing, in an amount not to exceed the percentage change in the Engineering News Record (ENR) Twenty Cities Annual Average Index or other index as approved by the City Council by resolution. The adjustment shall not be made if it causes rates to exceed the cost of service and Notice of the Adjustment shall be mailed to each account not less than 30 days before the effective date of the adjustment. Section 4. Effective Date. This resolution shall take effect from and after the date of its passage. Dated: July 21, 2010 ------------------------------------------------------------------- ------------------------------------------------------------------- I hereby certify that Resolution No. 2010- was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 21, 2010, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS— ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — RANDIJOHL City Clerk 2010- Exhibit A Exhibit City of Lodi-- Water Utility Flat Rates ($/month) Percent Increase 2 4 4 4 Single Family Residential Unit ($/month) 1 Bedroom $ 27.98 $ 28.54 $ 29.68 $ 30.87 $ 32.10 2 Bedroom $ 33.61 $ 34.28 $ 35.65 $ 37.08 $ 38.56 3 Bedroom $ 40.28 $ 41.09 $ 42.73 $ 44.44 $ 46.22 4 Bedroom $ 48.40 $ 49.37 $ 51.34 $ 53.39 $ 55.53 5 Bedroom $ 58.06 $ 59.22 $ 61.59 $ 64.05 $ 66.61 6 Bedroom $ 69.67 $ 71.06 $ 73.90 $ 76.86 $ 79.93 7 Bedroom $ 83.58 $ 85.25 $ 88.66 $ 92.21 $ 95.90 Multi -Family Residential Unit ($/month) 1 Bedroom $ 24.02 $ 24.50 $ 25.48 $ 26.50 $ 27,56 2 Bedroom $ 28.81 $ 29.39 $ 30.57 $ 31.79 $ 33.06 3 Bedroom $ 34.57 $ 35.26 $ 36.67 $ 38.14 $ 39.67 Metered Water Rates Service Charge ($/month) Single Family Residential (2) Up to 3/4" Meter $ 22.25 $ 22.70 $ 23.60 $ 24.55 $ 25.55 1" Meter $ 36.15 $ 36.85 $ 38.30 $ 39.85 $ 41.45 11/2" Meter $ 70.60 $ 72.00 $ 74.90 $ 77.90 $ 81.00 2" Meter $ 112.10 $ 114.35 $ 118.90 $ 123.65 $ 128.60 Multi -Family and Non -Residential (3) 5/8" Meter $ 25.64 $ 22.70 $ 23.60 $ 24.55 $ 25.55 3/4" Meter $ 28.17 $ 22.70 $ 23.60 $ 24.55 $ 25.55 1" Meter $ 42.27 $ 36.85 $ 38.30 $ 39.85 $ 41.45 11/2" Meter $ 56.35 $ 57.50 $ 59.80 $ 62.20 $ 64.70 2" Meter $ 70.45 $ 71.85 $ 74.70 $ 77.70 $ 80.80 3" Meter $ 98.63 $ 100.60 $ 104.60 $ 108.80 $ 113.15 4" Meter $ 126.80 $ 129.35 $ 134.50 $ 139.90 $ 145.50 6" Meter $ 183.16 $ 186.80 $ 194.25 $ 202.00 $ 210.10 8" Meter $ 239.48 $ 244.30 $ 254.05 $ 264.20 $ 274.75' 10" Meter $ 295.83 $ 301.75 $ 313.80 $ 326.35 $ 339.40 Water Usage Rates ($/CCF) Single Family Residential (2) Tier 1- 0 to 10 CCF/month $ 0.86 $ 0.88 $ 0.92 $ 0,96 $ 1.00 Tier 2 - 11 to 50 CCF/mons $ 1.29 $ 1.32 $ 1.37 $ 1.42 $ 1.48 Tier 3 - Over 50 CCF/mont $ 1.71 $ 1.74 $ 1.81 $ 1.88 $ 1.96 Multi -Family and Non -Residential (3) All Water Usage $ 0.789 $ 0.88 $ 0.92 $ 0.96 $ 1.00 Dotes: (1) Revised July 1, 2008. (2) Current residential metered rates are revenue neutral and were approved for comparative billing purposes only. (3) Proposed multi -family and non-residential rates improve equity with single family water rates. The Reed Group, Inc. DRAFT -- 05/07/2010 Exhibit B I Exhibit City of Lodi -- Wastewater Utility current ana rro osea wastewater Kates Current(l) Jul 2010 Residential Percent Increase 12 Flat Rates ($/month) 1 Bedroom $ 20.81 $ 23.31 2 Bedroom $ 27.74 $ 31.07 3 Bedroom $ 34.68 $ 38.84 4 Bedroom $ 41.61 $ 46.61 5 Bedroom $ 48.55 $ 54.37 6 Bedroom $ 55.48 $ 62.14 7 Bedroom $ 62.42 $ 69.91 Usage-Basec Rates (2 Service Charge ($/month) $ 18.95 $ 21.22 Usage Charge ($/CCF) (3) $ 2.15 $ 2.41 Non -Residential ($/month) Moderate Strength (per SSU) $ 27.74 $ 31.07 High Strength Flow (per MG, annual basis) $ 2,808.88 $ 3,145.95 BOD (per 1,000 lbs, annual basis) $ 463.54 $ 519.16 SS (per 1,000 lbs, annual basis) $ 289.83 $ 324.61 Grease Interceptor & Septic Holding Tank Waste within City Limits (per 1,000 gal. $ 245.44 $ 274.89 Septic (only) Holding Tank Waste Outside City Limits (per 1,000 gal.) $ 521.03 $ 583.55 Disposal to Storm Drain System (per M( $ 257.80 $ 288.74 Disposal to Industrial System (4) Flow (per MG, annual basis) $ 2,218.78 $ 2,485.03 BOD (per 1,000 lbs, annual basis) $ 20.34 $ 22.78 Winery Wastewater (per 1,000 gal.) $ 248.53 $ 278.35 Notes: (1) Revised July 16, 2009. (2) Current revenue neutral rates were approved for comparative billing purposes only. (3) Winter water usage determined as average monthly usage from December through February. (4) 2007 Industrial System rates are shown. Rates are calculated annually per LMC Sec. 13.12.210. The Reed Group, Inc. DRAFT 06/07/2010 I l=xhihitPt I City cf Lodi --Wastewater Utility current ana Nroaosea water usaae-basea Kesiaentiai was Current 1 July 2010 Monthly Fixed Service Charge $ 18.95 $ 21.22 WastewaterFlow Charge $ 2.15 $ 2.41 Based on Winter Water Usage (2) Monthly WastewaterBills (for various usages) Winter Water Use (CCF) 0 $ 18.95 $ 21.22 1 $ 21.10 $ 23.63 2 $ 23.25 $ 26.04 3 $ 25.40 $ 28.45 4 $ 27.55 $ 30.86 5 $ 29.70 $ 33.27 6 $ 31.85 $ 35.68 7 $ 34.00 $ 38.09 8 $ 36.15 $ 40.50 9 $ 38.30 $ 42.91 10 $ 40.45 $ 45.32 11 $ 42.60 $ 47.73 12 $ 44.75 $ 50.14 13 $ 46.90 $ 52.55 14 $ 49.05 $ 54.96 15 $ 51.20 $ 57.37 16 $ 53.35 $ 59.78 17 $ 55.50 $ 62.19 18 $ 57.65 $ 64.60 19 $ 59.80 $ 67.01 20 $ 61.95 $ 69.42 Notes: ewater Rates (1) Estimated to be revenue neutral relative to the wastewater rates implemented in July 2009. (2) Winter water usage determined as average monthly usage from December through February. The Reed Group, Inc. DRAFT -- 06/07/2010