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HomeMy WebLinkAboutResolutions - No. 2019-42RESOLUTION NO. 2019-42 A RESOLUTION OF THE LODI CITY COUNCIL SETTING FUTURE WATER, WASTEWATER AND SOLID WASTE RATE SCHEDULES PURSUANT TO PROPOSITION 218 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 and provides solid waste disposal service through a Franchise Agreement with USA Waste of California, Inc. dba Central Valley Waste Services (Central Valley); and 2. The City charges customers of the water and wastewater utilities a charge to fund the on-going operation and maintenance of the water supply and wastewater disposal service; and 3. Pursuant to Lodi Municipal Code Section 13.16.110 (Ordinance No. 1709), the schedule of rates for solid waste collection shall be established and adopted by the City Council from time to time by Resolution; and Central Valley has requested increases to the current solid waste disposal rates for inflation and increased disposal fees as permitted under their Franchise Agreement; and 5. The City engaged the services of The Reed Group, Inc., to analyze the financial models and current rate structure within the City's water and wastewater utilities. The final report, Water and Water Rate Update Study is on file with the City's Public Works Department; and 6. Staff recommends adopting future adjustments with limits to usage -based and flat water and wastewater rates for residential, multi -family, and non- residential customers as presented in Exhibit A to become effective upon City Council approval of rate increase resolutions at a future date; and 7. Water, wastewater and solid waste rate schedules and an analysis of rates were provided to the City Council at a publicly noticed Council Meeting held on January 16, 2019; and 8. Staff recommends approval of the Central Valley Commercial Organics Rate schedule, as presented in Exhibit B; and 9. The Council directed that notice of a hearing on the water, wastewater and solid waste rate schedules be given to the property owners and water, wastewater, and solid waste utility customers in the City, with such notice in both English and Spanish to include, among other matters, the information required to be included pursuant to California law; and follows: 10. Pursuant to California Constitution, Section 6 of Article XIIID 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; and 11 The Council also directed that notice of a hearing be given with such notice to include the information required to be included pursuant to Government Code section 54354.5; and 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; and 13. On March 20, 2019, 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 and solid waste rates for residential, commercial and industrial customers; and 14. Written protests against the proposed usage -based and flat water and wastewater rates and solid waste rates for residential, commercial and industrial customers were not presented by a majority of the property owners and water, wastewater and solid waste utility customers; and 15. The proposed usage -based and flat water and wastewater rates and solid waste rates for residential, commercial and industrial customers 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. Levy of Charges. Pursuant to 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 and the Waste Management Commercial Organics rate schedule, as attached hereto as Exhibits A and B are hereby approved. Section 3. Future Adjustments. As provided by Government Code Section 53756, the future adjustments shown in Exhibit A may be adopted annually for a period of five years by resolution beginning March 20, 2019 through December 31, 2023 for water, wastewater rates, with Council approval following a public hearing, in an amount not to exceed the smaller of the limits stated in Exhibit A or the percentage change in the Engineering News Record (ENR) Twenty Cities Annual Average Index for water and wastewater or other index as approved by the City Council by resolution. For solid waste rates, the annual adjustment will not exceed 80 percent of the annual change in the Consumer Price Index for all Urban Consumers for San Francisco-Oakland- San Jose, California area (CPI), All Items (1982 — 84 = 100) published by the Bureau of Labor Statistics, plus an adjustment for extraordinary increases in landfill fees, fuel and energy costs and changes in law up to 100 percent of the annual change in the CPI. 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: March 20, 2019 I hereby certify that Resolution No. 2019-42 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 20, 2019, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None nnifer M G-rraiolo City Clerk 2019-42 Exhibit A City of Lodi Current and Proposed Flat Water Rates Notes: (1) Multi -family includes duplexes, triplexes, fourplexes, apartments, and condominiums. (2) These are the maximum rates for each year, without a formal rate -setting process. Actual water rate adjustments may be lower and would be tied to annual changes in the ENR index *Pending a Prop 218 approval (3) Per Resolution No. 2017-23 adopted February 15, 2017. Future Rate Ceiling (2) Current Proposed* (Jan. 2017) (April 2019) Potential (Jan. 2020) Sunset Rates (Jan. 2021) (3) Rate Increase --> 2.5% 3.0% FLAT RATES Single Family Residential 1 Bedroom $ 32.84 $ 33.66 $ 34.67 $ 31.88 2 Bedroom $ 39.44 $ 40.43 $ 41.64 $ 38.29 3 Bedroom $ 47.27 $ 48.45 $ 49.90 $ 45.89 4 Bedroom $ 56.79 $ 58.21 $ 59.96 $ 55.14 5 Bedroom $ 68.11 $ 69.81 $ 71.90 $ 68.11 6 Bedroom $ 81.75 $ 83.79 $ 86.30 $ 81.75 7 Bedroom $ 98.03 $ 100.48 $ 103.49 $ 98.03 Multi -Family (1) 1 Bedroom $ 28.19 $ 28.89 $ 29.76 $ 27.37 2 Bedroom $ 33.81 $ 34.66 $ 35.70 $ 32.82 3 Bedroom $ 40.58 $ 41.59 $ 42.84 $ 39.40 Mobile Homes Any Size $ 28.19 $ 28.89 $ 29.76 $ 27.37 Non -Residential Existing unmetered Varies +2.5% +3.0% Varies Notes: (1) Multi -family includes duplexes, triplexes, fourplexes, apartments, and condominiums. (2) These are the maximum rates for each year, without a formal rate -setting process. Actual water rate adjustments may be lower and would be tied to annual changes in the ENR index *Pending a Prop 218 approval (3) Per Resolution No. 2017-23 adopted February 15, 2017. City of Lodi Current and Proposed Usage -Based Water Rates Notes: (1) Multi -family includes duplexes, triplexes, fourplexes, apartments, condominiums, and mobile home parks. (2) These are the maximum rates for each year, without a formal rate -setting process. Actual water rate adjustments may be lower and would be tied to annual changes in the ENR index *Pending a Prop 218 approval (3) Per Resolution No. 2017-23 adopted February 15, 2017. Future Rate Ceiling (2) Current Proposed* (Jan. 2017) (April 2019) Potential (Jan. 2020) Sunset Rates (Jan. 2021) (3) Rate Increase --> 2.5% 3.0% USAGE -BASED RATES Monthly Service Charge Single Family Up to 3/4" meter $ 21.87 $ 22.42 $ 23.09 $ 21.23 1" meter $ 34.34 $ 35.20 $ 36.26 $ 33.34 1 1/2" meter $ 65.25 $ 66.88 $ 68.89 $ 63.34 2" meter $ 102.52 $ 105.08 $ 108.23 $ 99.53 Multi -Family and Non -Residential (1) Up to 3/4" meter $ 21.87 $ 22.42 $ 23.09 $ 21.23 1" meter $ 34.34 $ 35.20 $ 36.26 $ 33.34 1 1/2" meter $ 65.25 $ 66.88 $ 68.89 $ 63.34 2" meter $ 102.52 $ 105.08 $ 108.23 $ 99.53 3" meter $ 189.50 $ 194.24 $ 200.07 $ 183.98 4" meter $ 313.73 $ 321.57 $ 331.22 $ 304.59 6" meter $ 624.03 $ 639.63 $ 658.82 $ 605.85 8" meter $ 996.55 $ 1,021.46 $ 1,052.10 $ 967.52 10" meter $ 1,431.26 $ 1,467.04 $ 1,511.05 $ 1,389.57 Usage Rates ($/CCF) Single Family Tier 1 (0-10 CCF) $ 0.97 $ 0.99 $ 1.02 $ 0.94 Tier 2 (11-50 CCF) $ 1.29 $ 1.32 $ 1.36 $ 1.25 Tier 3 (>50 CCF) $ 1.60 $ 1.64 $ 1.69 $ 1.56 Multi -Family and Non -Residential (1) All water usage $ 1.15 $ 1.18 $ 1.22 $ 1.12 Notes: (1) Multi -family includes duplexes, triplexes, fourplexes, apartments, condominiums, and mobile home parks. (2) These are the maximum rates for each year, without a formal rate -setting process. Actual water rate adjustments may be lower and would be tied to annual changes in the ENR index *Pending a Prop 218 approval (3) Per Resolution No. 2017-23 adopted February 15, 2017. City of Lodi Temporary Water Shortage Rate Surcharges Normal Potential Minor Moderate Severe Critical Supply Shortage Shortage Shortage Shortage Shortage Conditions (Voluntary) (Mandatory) (Mandatory) (Mandatory) (Mandatory) Use Reduction Goal --> None 5% to 10% 10% to 20% 20% to 30% 30% to 50% > 50% Temp. Water Shortage Surcharge (2) None None 5% 10% 15% 20% Monthly Service Charges Up to 3/4" meter $ 22.50 1" meter $ 35.34 1 1/2" meter $ 67.14 2" meter $ 105.49 3" meter $ 195.00 No Changes to Service Charges 4" meter $ 322.83 6" meter $ 642.13 8" meter $ 1,025.45 10" meter $ 1,472.77 Water Usage Rates ($/CCF) (3) Single Family Residential Tier 1 (0-10 CCF) $ 1.00 $ 1.00 $ 1.05 $ 1.10 $ 1.15 $ 1.20 Tier 2 (11-50 CCF) $ 1.33 $ 1.33 $ 1.40 $ 1.46 $ 1.53 $ 1.60 Tier 3 (> 50 CCF) $ 1.65 $ 1.65 $ 1.73 $ 1.82 $ 1.90 $ 1.98 Multi -Family $ 1.18 $ 1.18 $ 1.24 $ 1.30 $ 1.36 $ 1.42 Non -Residential $ 1.18 $ 1.18 $ 1.24 $ 1.30 $ 1.36 $ 1.42 Notes: (1) The temporary water shoratge rate surcharge percentages are shown applied to the proposed water usage rates for April 2019 for illustrative purposes. The percentages would be applied to any then -current water usage rates when implemented by declaration of a water shortage by the City Council. (2) The termporarywater shortage rate surcharge woud be an incremental (percentage) increase in the water usage rates, but wou not be applied to monthly service charges or to any flat water rates for unmetered customers. (3) The water usage rates shown for Minor through Critical shortage conditions incorporate the temporary water shortage rate surcharges. Exhibit B Can Size 35g 35g 64g 64e ix per week per cart 2x per week per cart ix per week per cart 2x ner week per cart Rates - Commercial Organics Collection and Processing Services Frequency available for customers with 4+ carts available for customers with 4+ carts Monthly Rate $46.60 $93.19 $70.11 $140.22 Contamination $100 per occurrence $100 per occurrence $100 per occurrence $100 per occurrence