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SR-02-24-2015-9ACity Council Meeting: February 24, 2015 Agenda Item: 9-14+ To: Mayor and City Council From: Susan Cline, Interim Director of Public Works Subject: Public Hearing to Adopt Water Rates Recommended Action Staff recommends that the City Council: 1. Hold a public hearing. 2. Receive public comment pursuant to Proposition 218 requirements. 3. Consider all protests against the proposed water rate increases that have been submitted in accordance with Proposition 218. 4. Adopt the attached resolution establishing a five year schedule of water rate adjustments comprising a 9% maximum increase in the first year and 13% maximum rate increases in the following four years. 5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. Executive Summary Due to projected declining water sales, the City's self- sufficiency plan program costs, and increased capital funding needs, the City's cost to provide water service is projected to exceed the City's water revenues without additional water rate increases. Details of the rate analysis and the rate report were presented at the October 28 2014 and December 16 2014 Council meetings. Water rates were last adjusted in a five year schedule on July 8, 2008. At that time, a commodity -only rate structure was approved which eliminated the fixed service charge and provided a strong conservation signal. On December 16, 2014, Council directed staff to commence the Proposition 218 public notice process for this five -year plan to increase water rates: Calendar Year 2015 2016 2017 2018 2019 Maximum Projected Increase 9% 13% 13% 13% 13% The proposed five -year plan maintains the same conservation rate structure adopted in 2008 and represents the maximum increase in the indicated years. If Council adopts the proposed rate plan as indicated above, annual rate increases could be lower if future revenues are greater or if future costs are lower than anticipated and the Council then decided to suspend part or all of that year's full rate increase, but would not exceed the approved maximums. Prior to annual rate adjustments in January, staff would provide a State of the Water Fund report to Council to determine the rate adjustment amount up to the maximum percentage adopted. Background California continues to experience severe drought conditions. The State is entering its fourth year of drought, with water year 2014 (October 1, 2013 — September 30, 2014) resulting in the third driest year on record. On January 17, 2014, the Governor declared a Drought State of Emergency and issued a proclamation asking all Californians to reduce water use by 20 %. As of late January 2015, the U.S. Drought Monitor classified 98% of California in "severe" drought condition or greater (including 38% classified as "extreme" and 40% as "exceptional ", including Santa Monica). After its second snow measurement of the winter in January, the California Department of Water Resources called the snowpack "dismally meager," with the Sierra snowpack at about one -third of normal. The City has taken action to address the drought. Council declared a Stage 2 Water Supply Shortage requiring mandatory water conservation to achieve a 20% reduction in water use compared to 2013 at the August 12, 2014 Council meeting. Given these drought conditions the Council has directed staff to expedite conservation programs outlined in the Sustainable Water Master Plan (SWMP) that Council adopted on October 28, 2014. Additionally, staff is recommending the continuance of the rate structure adopted in 2008 that eliminated the bi- monthly fixed service charge so that the water bill became entirely based on actual water usage, thereby improving the water conservation incentive at all levels. The current water rate structure was adopted on July 8 2008 to provide equity between customer types and among customers within a classification. The City provides water service to three customer classifications. These classifications are single - family, multi- family and non - residential. For residential customers, the previously existing three tier structure was replaced with a four tier structure. 2 For non - residential customers, a uniform commodity rate was established, applicable to nearly all water use. A second tier for non - residential customers is applied at the high end of consumption. In 1999, a resolution to annually raise rates by the actual Consumer Price Index (CPI) increase was adopted and has been implemented with each annual budget. Rates were adjusted by CPI annually between 1999 and 2008 with the exception of a 6% increase in 2005. The last five year schedule of rate increases was from FY 2008 -09 to FY 2012 -13 consisting of 11%, 10.5 %, 10.5 %, 10 %, and 10% in respective years. After the 2008 schedule of rate adjustments ended as of June 30, 2013, rates were adjusted by CPI on July 1, 2013, and July 1, 2014. 2014 Water Rate Analysis A rate study was completed by Kennedy Jenks Consultants as part of its contract with the City to prepare the Sustainable Water Master Plan (SWMP). The rate study report was included as an attachment to the staff report for the December 16, 2014 Council meeting and is available on the Water Resources Division web page. The objectives of the rate study included development of a strategy for meeting the utility's ongoing financial obligations for the five year planning period (FY 2014 -15 through FY 2018 -19) and assessment of changes to the rate structure in keeping with the City's self - sufficiency goals to encourage water conservation and sustainability Previous Council Actions At the May 14, 2013 Council meeting, staff presented the status of the Sustainable Water Master Plan (SWMP), which included the City's water self- sufficiency goals. Council directed staff to complete the development of the SWMP and to proceed with the water rate study. At the August 12, 2014 Council meeting Council declared a Stage 2 Water Supply Shortage requiring mandatory water conservation to achieve a 20% reduction in water use compared to 2013. At the October 28, 2014 Council meeting staff presented an updated SWMP and the findings of the rate study. Elements of the SWMP include enhanced conservation programs, rain harvesting and storm water capture projects, increased groundwater production and recycled water system improvements. 3 At the October meeting, staff provided rate adjustment information addressing SWMP program requirements that addressed the 20% reduction requirement, projected capital project needs and associated revenue reductions. Council approved the SWMP and directed staff to return upon completion of the rate study report. At the December 16, 2014 Council meeting, staff presented the rate study findings and Council took the following actions: 1. Approved public noticing of a five -year plan to increase water rates: Calendar Year 2015 2016 2017 2018 2019 Maximum Projected Increase 9% 13% 13% 13% 13% 2. Adopted a resolution setting the public hearing to increase water rates on February 24, 2015, in accordance with Proposition 218. 3. Authorized the City Clerk to issue notices of the proposed water rate increases and public hearing on February 24, 2015, in accordance with Proposition 218. 4. Directed staff to report annually on the State of the Water Fund, to include a financial analysis recommending the magnitude of the following year's rate increase up to the maximum approved. 5. Directed staff to provide allowances for low income customers, explore a cap in water billing for low income customers, and investigate low income allowances for 100% affordable housing projects. 6. Directed staff to explore the Task Force on the Environment's recommendation to revisit the rate structure at such time as the August 12, 2014 Water Shortage Declaration is lifted. Subsequently, on January 13 2015, Council approved implementation of the Water Shortage Response Plan (WSRP) and directed staff to expedite conservation programs that would be funded from the Water Fund in FY 2014 -15 and FY 2015 -16. Discussion As a basis for the 2014 rate study and in accordance with governmental accounting standards for municipal enterprises, the Water Fund's revenues, generated from user charges and fees related to the City's provision of water service, should cover the cost of providing the service. Accordingly, the financial revenue plans presented in the 2014 rate study are based on the requirement that the Water Fund will be self - supporting. 4 The proposed 5 -year plan to increase water rates addresses the City's intent to achieve its stated goals of achieving water self- sufficiency by the year 2020, invest in capital programs necessary for system reliability, meet conservation goals, and account for decreased revenues resulting from mandatory conservation measures. This last notion of paying more, but using less may be counterintuitive to some. Yet, it derives from a few interconnected facts. First, the City must provide water to all of its residents and visitors every hour of every day year in and year out. The City's water service is truly a 24/7 operation. Hence, unlike some businesses, which are able to reduce production or certain operational costs in the face of declining product sales, the City has far fewer options. Second, most of the City's water revenues come from the sale of water. As water sales decline due to conservation efforts made necessary by the ongoing drought emergency, water revenues decline. Although some might debate the exact percent increase, water rates do need to increase in order to make up for this decline in revenue. Third, the basic water supply infrastructure and its ongoing operational and maintenance needs are largely fixed costs. These remain the same whether there is a drought or not and they remain virtually the same almost regardless of the volume of water sales. The operational and maintenance needs of the City's water delivery system do not decline in tandem with the decline in water sales. The number of City staff who operate and maintain the City's water system has remained remarkably consistent over the years. Today the water systems' basic operations and maintenance staff totals 46 full time employees, the same number that were employed in 1997. The following section of this report provides additional details on the costs for programs, capital expenditures and operations and the revenues needed to maintain and to improve the water system given the likelihood of reduced water sales. Further detail regarding the areas that significantly impact the proposed rate plan is provided under 5 these subsequent sections: Water Shortage Response Plan (WSRP) Implementation; Capital Requirements; and Revenue Loss from Reduced Water Consumption. Water Shortage Response Plan (WSRP) Implementation As discussed in the January 13 2015 WSRP staff report, the SWMP includes new water conservation programs and enhancements to existing programs totaling $7.2 million (this figure includes $1.2 million in financial assistance from MWD) that will help the City reach its goal to be water self- sufficient by 2020. In order to immediately reduce water use to lessen the effects of the drought and meet the City's 20% reduction goal, Council approved accelerating the implementation of conservation programs in the SWMP. The drought response will be implemented by the new Water Conservation Unit in the Office of Sustainability and the Environment (OSE). Water conservation programs will be funded by water rates in addition to grant funding from the Metropolitan Water District of Southern California (MWD). Staff will continue to actively pursue other funding sources as they become available, such as Proposition 1 funds (the Water Quality, Supply, and Infrastructure Improvement Act of 2014). Capital Requirements In addition to funding ongoing operations and maintenance expenses, revenues should be sufficient to address capital needs. By nature, water systems are capital- intensive operations. The SWMP addresses system capacity, long -range water supply reliability, and conservation programs necessary to meet the City's stated water self- sufficiency goals. Details of the five -year $33 million General Water System CIP are provided in Table 4 of the Rate Study, which include these selected projects and cost projections: ® General Water System Capital Improvement Program: ➢ Infrastructure improvements associated with replacing aging existing facilities comprised of water mainlines and appurtenant distribution system facilities that are approaching the end of their useful lives over five years, $20M ➢ Commencement of an Advanced Meter Infrastructure (AMI) program to provide more frequent and accurate metering of water use, $5M Water Fund contribution and $5M Wastewater Fund contribution. Benefits provided to both the City and its customers include: 6 • Frequent, even daily, transmission of more precise water consumption data allowing for quicker and more precise identification of high usage and suspected leaks. With the ability to detect large leaks in a more timely manner, field customer service personnel can be dispatched to investigate and shut off water service to mitigate water loss and property damage. • A customer web interface would be developed for customers to monitor their daily water usage online and improve customers' ability to monitor usage and adjust water use patterns to realize more water savings. • Customer service representatives would have access to more frequent and accurate water consumption data resulting in improved responses to customers. • Not having to manually read meters or physically investigate a high water bill complaint means less water wasted and cost savings for the operation. ➢ Plans for reliability and water transmission improvements for the City's highest pressure zone (zone 500) with a new booster pump station, $2.5M ➢ Funding for ongoing rehabilitation and facility specific improvements and studies. These include fleet replacement, software upgrades, Urban Water Management Plan reporting, and Sustainable Groundwater Management Plan development, $5.5M ® Sustainable Water Master Plan capital expenditures related to decreased reliance on imported water and achieving the City's year 2020 self- sufficiency goal, include: ➢ Brine concentrator evaluation at Arcadia Treatment Plant to increase finished water recovery, $0.3M ➢ Charnock Granular Activated Carbon (GAC) improvements to improve carbon performance and potentially reduce carbon change -out frequency, $0.3M ➢ Infrastructure Capacity Improvements (water main connections to new supply sources), $2.OM Revenue Loss from Reduced Water Consumption The City's Water Fund is projected to experience a decrease in water sales and related revenue associated with the City's adoption of a Stage II Water Shortage Plan, which III calls for a mandatory 20% reduction citywide, and the implementation of additional self- sufficiency related water conservation programs. Since most of the water utility's costs are fixed, the Water Fund is projected to be affected by a reduction in water sales- based revenues while fixed costs of service remain fairly constant. The proposed rate plan, as outlined in the 2014 rate study, addresses this and sets the City on a path to achieve water self- sufficiency, address drought conditions, support operations, and maintain water system infrastructure while continuing with a balanced Water Fund. Water Rate Options Three projected revenue plan scenarios with various rate adjustments were developed to compare the water utility's revenues and revenue requirements through FY 2019 -20. At present, on a per gallon basis the City's water customers are pay $.0033 for each gallon of water used. Three rate increase options are presented in Table 1 and further discussed below. Under each, on a per gallon basis, water customers will continue to pay less than $0.01 for each gallon of water they use. These are among the lowest rates anywhere. Table 1 — Rate Adjustment Options 1. CPI -only increases would be implemented on a fiscal year basis assumed at 2.5% (July 1`t) 2. Options 2 and 3 would be implemented on a calendar year basis (March 1st in the first year and January 1st each year thereafter). 3. All of these plans are inclusive of CPI and would impact the Utility Users Tax E 2015 2016 2017 2018 2019 Option 1 2.5% 2.5% 2.5% 2.5% 2.5% (CPI only) Option 2 9% 9% 9% 9% 9% (9% plan) Option 3PT 9% 13% 13% 13% 13% (9/13% plan) 1. CPI -only increases would be implemented on a fiscal year basis assumed at 2.5% (July 1`t) 2. Options 2 and 3 would be implemented on a calendar year basis (March 1st in the first year and January 1st each year thereafter). 3. All of these plans are inclusive of CPI and would impact the Utility Users Tax E Option 1: Projected Revenue Plan — Consumer Price Index (CPI) Based Annual Water Rate Increase (Baseline Option) Under this option, projected revenues do not support ongoing operations and capital programs. Water conservation efforts continue to reduce revenue from water sales and Council adopted reserve requirements are not met. Based on the Council adopted SWMP and other water conservation efforts, water rate increases limited only to the general rate of inflation are insufficient to support the activities of the Water Fund. The Water Fund would be in deficit as of FY 2016 -17 after it uses its reserves. Option 2: 9% Proiected Revenue Plan — 9% Annual Water Rate Increase (inclusive of Under this scenario, projected revenues would support ongoing costs of operations, but as noted in the Rate Study the capital program would need to be reduced. Similar to the prior plan, following actual CPI increases in FY 2013 -14 and FY 2014 -15, a projected increase of 9% is included in each calendar year from 2015 through calendar year 2019. The 2014 increase would be implemented March 1, 2015, with each successive year's increase taking effect January 1. While this rate plan provides a stronger financial performance than the CPI only (baseline) alternative and achieves a positive net operating performance in the later years of the forecast it does so by reducing needed capital programs and by failing to maintain adequate reserves. These impacts (relative to Option 3 below) are as follows: • Approximately $5 million in capital projects would have to be eliminated or deferred, which is a reduction in general system planned capital improvements of 15 %. The likely projects to be reduced or deferred would be some combination of water main replacements and the AMI system. This could potentially affect the long term reliability of the water distribution system and potentially defer enhanced conservation efforts made possible with AMI. • One time capital projects would be deferred to a later part of the planning period and funded by debt. ® Preserves conservation as a priority M Option 3: 9 %/13% Projected Revenue Plan Under this scenario, there is a much stronger financial performance over the previous rate plans. This rate structure provides financial stability for the Water Fund to meet projected capital improvements, potential emergency system responses, implement conservation programs, and absorb projected declines in water sale revenues. This proposed rate plan retains the capital projects over the plan period that would have been deferred or eliminated in Option 2. Bonding To further evaluate how rate increases could be mitigated and still meet all needs, staff was asked to look at the potential of bond financing. Furthermore, staff was asked about the possibility of using bond financing to amortize Water Fund costs over a longer period of time and therefore reduce the required rate increase in the short term. For many years the City has followed prudent and fiscally conservative financial practices in using bond financing to pay for one -time capital projects whose cost may be amortized over the life of the facility being funded. As a potential bond issuer, the City has to be mindful of the bond market and how it might react to any potential bond issuance. The Water Fund cannot issue a bond to cover its projected deficit, which is primarily due to the ongoing reduction of operating revenues associated with lower water consumption. To attempt to do so would fly in the face of the City's consistent practices over the years. But even more than this, the bond market would not recognize such an issuance, at least not with anything approaching reasonable rates. The bond market requires the Water Fund to generate a consistent operating revenue stream that exceeds operating expenditures during the length of the bond term; this is not the case without a rate increase. In other words, without an adequate rate base and rate increase there can be no bond issuance as there will be no viable market for the bonds. Members of the community and the Council have asked whether, despite these challenges, any bond financing could still occur. The following is a description of the 10 various methods of debt issuance that the City has access to, and the ability of these methods to assist the Water Fund. General Obligation (GO) Bonds are backed by the full faith and credit of the issuer, which has the power to levy taxes on property owners to pay bondholders. The bond must be approved by 2/3 of the voters. The City most recently used GO bonds to finance the Main Library. If the City were to issue GO bonds, the bonds would effectively tax only property owners for water infrastructure based on their property's valuation, instead of charging water users based on their consumption levels. An individual's or property's actual water use would have almost nothing to do with how much any person would be charged to pay back the bond. Currently, the maintenance, operation and investment in water infrastructure is paid for by water users based on their consumption patterns and amounts. This is the basic premise of governmental enterprise fund accounting, which seeks to segregate the use of general tax funds to uses serving the general community. General governmental accounting standards and best practices dictate that rate -based funds, called enterprise funds, should cover their own costs and should not be subsidized by the general taxpayers of the City. On this basis, credit rating agencies frown upon such structures and would potentially give the bond a low rating. This would impact the City's AAA rating. For these reasons, GO bonds are not an option for the Water Fund. Lease Revenue Bonds (LRBs) /Certificates of Participation (COPs) are secured by annual lease payments on a City property, which is in turn used as collateral. Lease payments are made from general revenues available to be appropriated for debt service payments. In Santa Monica, bonds are issued by the Santa Monica Public Financing Authority, a joint powers authority. The decision to issue LRBs /COPs rests with the City Council. The City recently used such bonds to finance Parking Structure 6. LRBs are generally rated two notches below the City's GO bond rating (and are therefore more 11 expensive than GO bonds), as the use of general revenues is not considered as strong as the full faith and credit of the City. The General Fund is limited in the amount of financing that it can carry out, primarily because of the availability of revenues to pay for the debt, but also due to the perceived weakening of the City's financial position as it issues greater amounts of debt. During the next 3 years, the City is anticipating issuing LRBs for two general fund projects — Fire Station I and the City Services Building. Additionally, using General Fund revenues to pay for an enterprise does not conform to the requirements of governmental accounting standards and would likely be greeted with great concern by rating agencies. For these reasons, General Fund LRBs /COPs are not an option for the Water Fund. Revenue Bonds are backed by a specific revenue stream generated by an enterprise as defined in Section 54300 et seq of the California Government Code. City issuance of revenue bonds is specifically authorized by Chapter 2.36 of the City's Municipal Code. The City's utility revenue bonds are payable solely from the appropriate City enterprise fund and are not secured by any pledge of ad valorem taxes or general fund revenues of the City. In accordance with standard bond covenants, the revenues generated by the issuing enterprise fund must be sufficient to maintain required coverage levels, or the customer rates of the enterprise must be raised to maintain the coverages. The issuance of revenue bonds does not require voter approval. The City has used revenue bonds to finance Wastewater infrastructure; these particular bonds were awarded an AAA bond rating. Revenue bonds would be the only appropriate financing mechanism for the Water Fund to pay for capital projects, and are contemplated in the later years of the forecast once rate increases are in effect. As noted above, it is not possible at this time, with the current projected revenue stream of the Water Fund, to issue revenue bonds without a rate increase. Bond covenants require a minimum ratio of net operating income to debt service payments. The City's minimum debt coverage ratio has been 1.20x, although the industry target debt coverage ratio for revenue bonds is approximately 2.00x for programs with 12 large ongoing capital needs and 1.50x for programs without such needs. In 2013, the City's AAA rated Wastewater Bonds had coverage of 5.32x. At this time, staff has determined that both operating and capital needs of the Water Fund will require a rate increase, as a bond issuance cannot be supported by the Water Fund or the General Fund. Rate Criteria and Assumptions The financial projection for each scenario is based on the City's projected customer account characteristics, the projected operation and maintenance expenses, and the inclusion of the City's comprehensive Capital Improvement Program. Additionally, several ratemaking criteria were also integrated in the revenue plan. These key criteria include: • Water usage is projected to reduce by approximately 10% during FY 2014 -15, and an additional 10% during FY 2015 -16 due to conservation efforts. Water usage is projected to essentially remain at these reduced levels during the balance of the planning period. Reduced water consumption would result in reduced revenues to the water fund while operations and maintenance costs would be expected to increase at inflationary levels. • The option of additional $10 million in debt financing is programmed for FY 2018 -19. This may be available through a new debt issuance, potential short - term inter -fund borrowing, or other strategies as determined appropriate by the Finance Director at that time to fund one time capital expenditures. • With potential rate increases commencing in March of FY 2014 -15, no change in rates is proposed beyond FY 2018 -19. Five years is the maximum planning horizon for water rate adjustments allowed by state law. • Rate increases corresponding to Options 2 and 3 would be implemented in January of each year. Implementation of new rates in this time frame would minimize the immediate impact of any rate increase as customer water use is at its lowest during the winter. • Short term population growth is based on the projections indicated in the City's 2010 Urban Water Management Plan and estimated annualized LUCE projections of 0.5% per year. This is expected to be approximately 0.5% per year and yield a modest increase in new accounts through 2020. New development is required to comply with all water efficiency requirements, including the use of the most stringent water efficiency standards to date. 13 To further elaborate on the above bullet, between 2003 and 2013 the number of total water accounts in Santa Monica increased from 14,979 to 17,709 but total water use decreased by about 1 %. Even though the number of water customers increased over the past ten years, overall water use declined slightly. The biggest increases in water use during that period were from dedicated landscape water meters (mostly for public parks and open spaces). Another area where water use has increased significantly is in the single family residential sector where use has gone up over 7% during the past four years. Much of the single - family usage is from additional landscape irrigation due to much lower than normal precipitation during that time. All new or major remodel projects in the City, including residential and commercial, are required to meet very strict state and local water efficiency requirements. In order to meet the requirements of the new State CalGreen building standards, all new developments must be at least 20% to 40% (depending upon building type) more water efficient than buildings that met the previous code. For example, the most recent low income housing development uses 43% less water than similar size existing low income housing developments. The newest hotel uses 23% less water than existing similar size hotels. All new developments and remodels are required to pay a Water Demand Mitigation Fee based on the estimated first year of water demand. This Fee is calculated using water fixture flow rates listed in the State Plumbing Code. The Fee is used to fund city - related water efficiency projects such as pipe replacement to fix or prevent leaks, cisterns, irrigation, toilets, urinals, etc. This investment in the City's infrastructure helps to meet the immediate goal to reduce use in response to the drought and the long -term goal for water self- sufficiency. New connections to the water system are required to pay a Water Capital Facility Fee. Additionally, if a water distribution main is not available adjacent to the property, then the utility may require the installation of a water main at the applicant's expense. In short, development — either actual or anticipated - is not a reason why water rates need 14 to increase. If there was no new commercial or residential development, water rates would still need to increase to meet anticipated future costs and declining water sales. Water Fund Balance and Rates To further articulate impacts of the rate scenarios on the Water Fund, fund balance trends corresponding to the three options are presented in Figure 2 below. The fund balance trend in the 13% option (red line) dips below the trend of the 9% option (green line) due to reductions in capital improvements and conservation programs in the 9% option. Future performance of the 13% option (redline) improves over that of the 9% option (green line) after FY 18/19. Figure 2 —Water Fund Revenue Requirements, Fund balance trends $SOM Sam —CPI lnarease No Change to Capital & No Cash Infusion - "-. — 13%Io.rease ....- ,.,.... No Change to Capital & $IDM Cash Infusion $30M — �... ---- 9 %Innoae _ ...__.. Deaeaae In Capital & $10M Cash Infusion $EOM ___ � —_ SIOM Om FY 2019 -10 HION.15 FY201516 FY20107 FY 2017-18 FY2018.19 FY2019.20 330M -$20M - - -- -$a0M Should Council adopt staff's proposed five -year rate schedule, a 9% rate increase in the first year would take effect on March 1, 2015. Subsequent annual rate increases of up to 13% would become effective January Vt of each successive year. It is important to note that, should Council approve staff's proposed rate schedule, in each successive year, the Council retains the option to suspend part or all of the 13% rate increase depending on revenue and costs. For the next five year period, each year, staff would 15 provide a State of the Water Fund report before calendar year's end. At such time, based on the fiscal conditions of the water fund and other information presented, the Council could opt to continue with a 13% rate increase or suspend part of the increase in light of, for instance, better than expected water fund fiscal health. In reviewing FY 2014 -15 financial performance to date, the 9% increase for the period from March 1, 2015 to December 31, 2015 remains appropriate. Although FY 2014 -15 capital program expenditures for the Water Fund will be lower, the costs incurred by the Water Fund for conservation programs and administration of the Water Shortage Response Plan (WSRP) offsets this savings. As approved by Council at its January 13 2015 meeting, the WSRP implementation strategy included an acceleration of the outreach, education, and conservation programs included in the SWMP in order to assist customers in achieving water savings as soon as possible with a first year cost of $1.2 million. As directed by Council, staff will return to Council before the end of each calendar year to report on the status of the water utility, which will include a review of the financial condition of the Water Fund and a recommendation whether a suspension (and the amount of such suspension) of the following year's rate increase is appropriate. Conditions to be evaluated in formulating a recommendation to Council for the following year's rate adjustment would include: • Climate conditions; state -wide hydrologic status and forecasts • State drought declaration status • Progress in achieving 20% reduction in water use • Revenue collection forecast and revenue collected to date; • Funds received from outside sources, i.e., Federal and State funding opportunities and the possibility of offsetting budgeted capital expenses or conservation programs • Expenditures for capital and operations • Evaluation of expenditures for water conservation programs 16 Furthermore, the rate resolution recommended for approval in this staff report includes provisions for "suspension" of the maximum approved rate increase on an annual basis for reasons including, but not limited to: ® Greater than anticipated revenues ® Decreased operating costs ® Decreased capital expenditures Water Rates in Comparison with Other Cities It is worth noting that Santa Monica has experienced the same pressure for increased water efficiency and conservation over recent years due to drought and climate effects as other statewide and regional water agencies. In comparison to other regional water agencies, Santa Monica single - family residential rates are in the lower quarter of neighboring comparison agencies (Figure 3). For instance, Santa Monica charges $0.0033 per gallon of water used, at the current Tier 1 rate and the City of Los Angeles charges $0.0066 per gallon of water used. Santa Monica's water rates would remain well below $0.01 per gallon even under Option 3, when in 2019 the price per gallon would be $0.0059. The average charge for all comparison cities (excluding Santa Monica) in FY 2014 -15 is $133.37 for 30 HCF of water usage over a two month period. The Santa Monica average charge for the same period and the same usage is $95.00. 17 Figure 3 — Proposed Water Rate Comparison with Neighboring Agencies (1.) Proposed 9% increase effective March 1, 2015 (2.) Culver City serviced by Golden State Water Company, a CPUC regulated utility Low Income Provision On Mav 13 2008, Council approved a change in the discount for low income customers. Because the rate structure changed in 2008 to eliminate the fixed charge and moved to a commodity -only rate structure, the first tier water rate for qualified single - family low income customers was discounted. Prior to 2008, the low income discount waived the fixed fee component of the water charge. Staff recommends continuing the discount rate approved in 2008 of $1 per HCF for the first tier only. This remains consistent with the rate structure established in 2008. For single - family customers the maximum bi- monthly discount would be $14. Second, third, and fourth tier rates would not be discounted since these apply to more discretionary uses of water, rather than basic water needs. Low income customers IF qualify for the water discount by providing evidence of enrollment in the low income program offered by Southern California Edison or the Southern California Gas Company. There are currently 213 customers qualified as low income and receiving the discounted first tier water rate. A survey of low income discounts among neighboring agencies is provided below: Agency Discount Provided Burbank No low income water discount Glendale No low income water discount Los Angeles $10 flat discount for qualified participants Long Beach No low income water discounts Pasadena $15/ two month billing cycle flat discount Santa Monica $14/ billing cycle maximum Cost of service requirements in proposition 218 require that the discount provided to qualified low income customers be covered by the City's general fund in order to avoid it becoming subsidized by other rate payers. The maximum projected General Fund transfer to the Water Fund is estimated at approximately $20,000 per year. Although not currently in place, staff is reviewing the potential eligibility and administrative issues involved in extending the low- income discount to multi - family accounts which are 100% low income. Staff would return to Council with information and a recommendation with the biennial budget in May 2015. Public Notice Requirements Proposition 218 requires a public notice of proposed changes to rates be made to all property owners in the affected area. A 45 day notice /response period is required prior to the hearing date of February 24, 2015. Notices of the proposed increase were mailed to all owners of record of each parcel in the City, as well as to all Santa Monica water account holders, on January 5, 2015. Owners of record can submit written, signed protests up to the close of the public comment period at the hearing date of February 24, 2015. Absent a majority protest (which would be approximately 11,000 19 protests), City Council may approve the final adoption of the rates at the public hearing. As of February 18, 2015, there have been almost 950 protests received by the City Clerk. Additionally, written notices of the rate increases were published in the Santa Monica Daily Press at least once each week prior to the February 24 hearing. The dates of publication were January 30, 2015 and February 6, 2015. Community Outreach Outreach efforts continue in an effort to engage the community in discussions about proposed rate adjustments, the Sustainable Water Master Plan (SWMP), and the Water Shortage Response Plan (WSRP). Staff from Public Works and the Office of Sustainability and the Environment (OSE) conducted a community forum for the business community and residents, "Let's Talk Water ", on November 24, 2014 at Ken Edwards Center, and have presented drought and rate information at neighborhood and business groups including North of Montana Association, Northeast Neighbors, Ocean Park Association, Chamber of Commerce Government Affairs Committee, and the Convention and Visitors Bureau Hotel Managers Group. City staff has also been present at all of the recent Santa Monica Talks community forums. Water Division staff continues to meet with the Water Advisory Committee to discuss rate issues, conservation programs, and general water issues. Staff anticipates continuing to meet with the Advisory Committee as future issues arise including groundwater management planning and the development of the 2015 Urban Water Management Plan. 20 Financial Impacts & Budget Actions The proposed water rates would increase annual water sales revenue by $577,983 in FY 2014 -15. Adopting the attached resolution would require increasing the revenue budget by $577,983 in account number 25671.402310. The maximum projected discount to qualifying low income customers is approximately $20,000 per year. The following budget action is required to reimburse the Water Fund: 1. Appropriation of budgets in the amount of $20,000 for transfers from the General Fund (01695.570081) to the Water Fund (25695.570081). Prepared by: Gil Borboa, P.E., Water Resources Manager Approved: Susan Cline Interim Director of Public Works Attachment: A — Resolution 21 Forwarded to Council: f'�,- Elaine M. Polachek Interim City Manager Reference: Resolution No. 10867 (CCS)