Loading...
SR-9-A (14)~ ~ .~~~ ~ 8 ~ EPWM CP cp rebate Santa Monica, California Caunc~l Meet~ng July 8; 1997 Ta Mayor and City Council From City Staff Sub~ect Recommendation to D~scuss Financ~al [mpacts of Appro~ed Settlement Agreement Concerning MTBE Cantamination af the Graund Water at the Charnock Well Field and Recommendation ta Consider Rebates andlor Reduction of Wa#er Rate Surcharge and Adopt Appropriate Resolution INTRQD~JCTION This repart discusses the c~~renf stat~s of the emergency MTBE water rate surcharge and presents recommendations regardEng continuation af tf~e surcharge and rebates for past surcharge paymer~#s BAGKGROUND In Jur~e, 1996, C~ty Cauncii adopfed an emergency water rate surcharge m order t~ recover a portiQn of the additianal costs which the City was b~anng du~ to cantamination of drinking water wells at the Charnock well fEelc~ w~th Methyl tert[ary Butyl Ether {MTBE) The MTBE surcharge represertted an increase of $a 26 per billing unit to the firs# t~er and $Q 57 per b~lling unit to the second tier ~f the water usage charges for a~f Santa Monica's water customers During fisca~ year 1996-97, it fs pro~ected that total MTBE surcharge revenues amount to apprax~mately ~2 m~flion ~ µ JUl 0 $ i~,97 On July '1, 1997. Council approved an agreement with Chevron O~I Products Company and Shell Oil Company which w~[I reimburse the City for 75% of ~ts past casts for water, technical consul#ants and o~tside legal assistance and future costs for water and technical consu[tants related to MTBE contaminatian at the Charnock wefl field s~te sub~ect to an o~erall payment lim~t of $5 mill~on through January 6, 1998 The City w~ll recei~e an additEOnal payment of ~50.000 as a partial reimbursement for any fega] costs which wi[l be incurred between the date of execu#ior~ of the agreement and January 6, 1998 In order for #he City to reach 9~~% reEm~ursement for the Charnock contam~nation, other oil compan~es who are potentially responsible for the contamination need to ~oin the agreement pnor to January 6. ~998 If the City has nflt been guaranteed 1 QD% reimbUrsement by that date then the agreement may be terminated by #he City Under the agreement. respansibility for removing MTBE from the Chamock well field and returning it to full p~oduct~on ~s also assumed by the potent~ally respQnsible parties DISCUSSION Within 30 days of execution of the agreement with Chevron and Shell, the City will receive a payment of approximately ~4 1 mEll~on representing 75% reimbursemer~t for past Chamock MTBE costs An addi#~onal ~9~0,400 in reimbursements will be received by the City fram Ci~evran a~d Shell priar to January 6, 1998 for a total reimbursement of $S,a50,~a0 during the ~nit~al term of the agreement 2 The agreement, at present, only guarantees a 75°fo reimbursement far past and future costs up to January ~, ~ 998 It is passible that the agreement wi11 n~t be renewed past January 6, 1998 and tf~at the City will ha~e to assume all fma~cial respons~bility for Charnack MTBE cos#s ~ncluding poterttially substantral fitigat~on fees The City w~11 dil~gently wor~t with Chevron and Shell to bring the other potent~ally respons~ble oif companies inta the agreement prior ta January. 1998, but that is not a certa~n autcame In add€tion to the situat~on at Charnock, li#igation cantinues w~th Mobil Qil o~er contaminatian at the Arcadia well fiefd To date, Mobil Oil has complied with the Regional Water Quality Contro! Board's requirements ta refmburse the City's cost to purchase water to replace the waker last from shutting ciown the Arcadia well field fn addition to the cost of replacement water. the City has s~ent a significant amount of money to date on the MTBE cor~tamination problem at the Arcadia well field ~ncluding attorney`s fees for the City's i~t~gation against MobiE Oil It is anticipated that the Arcadaa costs will increase substantially during the next fiscal year The current MTBE surcharge was not intended to pay for any costs related to cantamination at Arcadia as thase wells had not been shut down at the #ime that #he surcharge was adopted However, it is imperativ~ that the City collect ~no~rgh revenue to suppor~ the purchase of water and litigat~or~ support costs until a responsible party is ~dentEfied fn ftght of the recently approved seitlement agreement #or Charnock and the remammg uncertainties related to tha Char~ock and the ongoing expenses associated with the 3 contamination of the Arcadia well f~eld, the following options regarding rebate andlor reduction of th~ water rate surcharge were analyzed The analyses included pra~ections of the Water Fund baEance under the different sce~anos considermg ar~y possible reductions in re~enue to the Water Fund by a rebate andlor a reduction in the MTBE surcharge O~tion A: Keep the ongoing MTBE surcharge at ~ts prese~t le~el and rebate 1a~% af the past surcharge payments This optian would keep the ex~stGng MTBE surcharge a# its current le~e1 a# approximately $2.76~,000 in annual re~enues but would result in the rebate of approx~mately $2 m~ll~on to water customers Under th~s o~tion. water customers would receive an rmmediate benefit b~t #herr water rates would remain unchanged from their present h~gf~ le~el The ad~ar~tage of th~s approach is that the Water Fund would be in a better p~sit~on ~n the event the Charr~ock agreement ~s not renewed Option B: Reduce MTBE surcharge by 25% and defer any re~ates for past surcharge payments until the City recei~es 100% reimbursement far a~l Charnock costs 4 T~~s option woufd reduce the customers' ongo~ng water bills and revenues fram the MTBE surcharge This approach reta~ns funds pa~d to date in #he event thaf the agreement ~s not renewed and the Ci~y must agam assume all costs for Charnock Howe~er, the ratepayer rece~ves no immediate benefit from a rebate of past surc~arge payments Option C: Reduce MTBE surcharge by ~0°/fl and rebate 25% of ~ast surcharge paym~nts This o~tion wauld reduce the ongoir~g MTBE surcharge billed to customers by about $1,383,000 and rebate a~praximately $500,00~ in past surcharge payments Under th~s option, water customers wo~ld both receive a small immediate ber~efit and would see a reduct~on in their future water bills !n the event that the Cha~noci~ agreemen# is not renewed, the City Counc~! would have to take act~on to increase the surcharge to mainta~n a fESCally respons~ble Water Fund balance Optio~t D: Reduce tE~e ongoing MTBE surcharge by 5D°/o and rebate 50% of past surcharge payments This opt~on would reduce the ~ngamg MTBE surcharge b~fled to customers by about ~1,383,004 and rebate approximately $1 millior~ ~n past surcharge payments Under this 5 option, water custamers wauld both receive ar~ immed~ate benefit and would see the~r water rates reduced In the event that the Charnock agreement is not renewed, the C~ty Cour~cil wauld ha~e to take ac#ion to increase the surcharge as in Optian C SUMMARY Staff recommends Option D because it represents the maximum amount af past MTBE surc~arge rebate to ratepayers and a reduet~on m future surcharge payment that wilf msure that the Water Fund remains fiscally responsEble Staff will return to Council on or about January 6, 1998 w~th recamrr~endat~ons regarding the future of the MTBE surcharge At that t~me, the recommendations will ~nclude any prudent ad~ustments to the MTBE surcharge-an increase or decrease-in order to ma~ntaEn a fiscally responsible Water Fund balance Moreover, to insure the stability of th~ fund, aff proposed cap~tal improvement pro~ects funded from the Water Fund will be suspended unt~l aft~r a~ec~sian is made by the Counc~l r~gafd~ng the long-term status of the MTBE surcharge FISCAL/BUDGET IMPACT The follawing budget actions need approval to ~mplemer~t Optian D{a ~0°/o reductEOn of the current MTBE s~rcharge and a 50% rebate of past MTBE surcharges to ratepayers) 6 Establ~sh a~udget for FY 1997-98 ~n the amaunt of $5.050,000 for revenu~ account number 25-5Q0-671-~D000-0597-1000D to record t~e settlement payment REd~c~ the FY ~997-98 budget by $1,383,040 for re~enue account number 2~-500-671--00000-0565-14000 due to the 50% recfuction in the MTBE surcharge Establish a FY 'f997-98 appropr~at~an m the amaunt of $996,638 in expenditure accaunt number 25-500-671-OQ000-~575-0OODO for the 50% rebate of prtor year MTBE surcharges Any rebate of past surcharge payments would come from Charnack settlement agreement reimbursements and would be applied ~n the form af cred~ts on each appl~cable water billing account RECOMMENDATION Staff recommends #hat Cauncil apprc~ve Opt~on D and direct staff to rebate 54°/fl of the MTBE surcharge payments received to date, adopt #he revised water surci~arge resalution reducmg by 5Q% the amount of the ongoing emerger~cy MTBE surcharge, and approve #he abo~e ment3oned budget actions Prepared by Cra~g Perkins, Director of Environmen#a! and Public Works Management Attachment Resolution 7 ~ ~ n ~l f ! v vt ~ ~ / i'~~.~ ,~C /L S ~ ~ , ~O C~~ ~ C ~_ /~~-~'c~. c~`sc~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ (~~...~:~- ~/~Ei~ ~~~c.~~ ~~(J~Cf (~~j' . 4~-~~ ~'1 ~ ~M.~~''1 ~~ ~ --~ 6 .~.~^~ ~~ C~`~ ~ . ~ . ~~ '~`'~~~5 ~~~ ~r~C~C~e,s~S'~ ~ w~t1IC~ •"~CCC~C~c°1~ ~~i~ ~' ~~ /I'1C'i~~~''~ ~ ~L~ ~r T~~ ~~°"~~ ~ ~S~ ~,c~ ~ 1~-ct~ ~~~ ~f1c"~~r•~~ y~~ ~~~ ~I ~~7 ~l:3 ~7~ ~ ; ~~ ~ ~ ~ ~ ~ ~~~ ~ City Cauncil Meet~r~g Ju1y 8, 7997 Santa Mon~ca, Cal~forn~a RESOLUTION NUMBER g163 ~CCS} (CITY COUNCIL SERIES) A RESOLUTfON OF THE C{TY C4UNCIL OF THE ClTY QF SANTA MONICA REDUClNG THE EXISTING WATER RATE SURCHARGE WHEREAS, tf~E C~ty Council may estabi~sh, amend ar revise from time to fime by resa~ution th~ rates and serv~ce char~es to be c~arged far sUpply~ng water service to any customer purs~ar~t to Sectton 7~2 010 of the Santa Mor~+ca M~n~c~pai Code, and V1IHEREAS, as part of #he ad~~tion af the F~scal Year 9 997-~ 998 Clty budget, the Santa Monica City Cauncil established a wat~r rate surcharge efFect~ve Juty 1, 1997 to June 30, '~998, and WHEREAS, f# has cont~nued to be n~cessary ta shut dowr~ ce~am water welis supplyrng water to the Cr#y's customers because af a eontamEnant, anc} WHEREAS, it cont~nues to be necessary tfl raise aciditiona! revenue to purc~ase imported water to provjde continuous water serv~ce to the C~ty's custamers, and I WHEREAS, the C~ty has recer~t~y ente;ed ~nt~ an agreement w~th Chevro~ ar-d Shell regarding the cantamir~afi~~ at the Charnoc~C welf field to pay for replacMng iost water from that weil freld, N4W, THEREFORE, THE GiTY CQUNCI~. OF THE GITY ~F SANTA MONtCA DOES RESflLVE AS FOLLOWS SEC7i4N ~ The water rate s~rchar~e establ~shed by Resolutsor~ Number 9033 (CCS} s~a~l be reduced to th~ fol~owrng ~urcharq~ First Tier $ 93 Secor~d T~er $ ~9 SECTIQN 2 The water rate surcharge shall cont~nue to be ~n effect from Ju[y 1, 1997, to .iune 30, 199B The City shall se~arately acco~nt far surcharge rever~ues SECTI~N 3 Any amounts collected m excess of casts from responsible parties for the contam~nat~ar- sha[I be refur~ded ar cred~ted to customers of the water enterprise SECTION 4 TY~e Crty Cferk shali certRfy ta the adoption o~ tY~ES ResolutEOn, and thenceforth and thereafter the same shall be m full force and effecf APPROVED AS TO FORM -, ~ , ~ ~ ~ ~~~~:~~.~-~':~~f ~ MAf~SHA~3flNES MOUTRIE C~ty Attorney 2 r ~ : f Adopted and approved tlus 8th of Jul~~ 1997 t [~-~: P m O~Connor. Ma~-or I. 1~1ana M Stewart_ Crt~~ Clerk of the Cit~~ o~ Santa Mon~ca, do hereb~- cer[if~~ that the #oregoing Resoluuon 9163(CCS) ~~-as dulv adopted at a meet~ng of the C~tF• Councal held on the 8th of Jul~~, 1997 b~ the foliowmg ~~ote A~-es CouncilanemE~ers Ebner, Feinstein, Genser, Greenberg. Mayor Pro Tem - Holbraok. Ma~~or O'Cannor. Rosenstem \ oes C ouncilrnembers ~ one ?~bstain Councilmembers None absent Councilmembers None ATTEST ~~. ~~ Maria M Ste«~art, Cit~~ Cl~k