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R10867City Council Meeting February 24, 2015 Santa Monica, California RESOLUTION NUMBER 10867 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING WATER RATES AND WATER SERVICE CHARGES WHEREAS, the City Council may establish, amend or revise from time to time by resolution the rates and service charges to be charged for supplying water service to any customer pursuant to Government Code section 54344 and Section 7.12.010 of the Santa Monica Municipal Code; and WHEREAS, the City is implementing a comprehensive long range water system improvement program with the goal of having reliable infrastructure and a sustainable water supply by eliminating dependence on imported water sources to meet potable water needs by 2020; and WHEREAS, in order to achieve these goals, the City has implemented self- sufficiency water conservation programs and mandatory water reductions pursuant to its Water Shortage Response Plan, resulting in an immediate 20% reduction in water sales; and WHEREAS, most of the City's water production costs are fixed, the City's Water Fund is projected to be adversely impacted by the reduction in water sales and increases in conservation program costs and, as a result, water rate increases are needed to finance the cost of providing water service; and WHEREAS, the City of Santa Monica is proposing water rate increases ( "Water Rate Increases ") to the City's existing tiered water rate structure over a five -year period beginning March 1, 2015 and the proposed maximum percentage increases are: March 1, 2015 January 1, 2016 January 1, 2017 January 1, 2018 January 1, 2019 9.0% 9.0% 9.0% 9.0% 9.0% ; and WHEREAS, in accordance with Government Code section 54354, delinquent charges and penalties for water services when recorded in accordance with Government Code section 54355 shall constitute a lien upon the real property served; and WHEREAS, the City Council held a public hearing ( "Hearing ") to consider the proposed Water Rate Increases on February 24, 2015; and WHEREAS, the City Clerk gave notice of the proposed Water Rate Increases ( "Notice "), which Notice contained a copy of the proposed resolution to adopt the Water Rate Increases and a declaration that delinquent charges and penalties when recorded as provided in Government Code section 54355 shall constitute a lien upon the real property served; and WHEREAS, the Notice stated the time and place of the Hearing on said proposed resolution, and that at said time and place any person interested, including all 2 persons owning property within the water service area of the City, may appear and be heard as to whether the proposed Water Rate Increases are discriminatory or excessive, or will not be sufficient under Government Code section 54515, or will not comply with the provisions of Chapter 6 of Division 2, Title 5 of the Government Code, or will not be sufficient under the provisions or covenants of any outstanding revenue bonds of the City, if any, payable from the water rate revenues, or on any other matter relating to said proposed resolution or the proposed Water Rates proposed therein; and WHEREAS, the Notice was published at least once each week for two weeks prior to the Hearing in the Santa Monica Daily Press, in accordance with Government Code section 54354.5; and WHEREAS, a separate notice of the proposed Water Rate Increases was also given in accordance with Article XIII D Section 6 of the California Constitution, by mailing such notice to the owner of record of each parcel in Santa Monica's service area and parcels in the City of Los Angeles who receive water service from the City of Santa Monica; and. WHEREAS, the City Council desires to maintain flexibility to suspend, in whole or in part, each future yearly rate increase ( "Suspension "), beginning with the January 1, 2016 scheduled rate increase, before such rate increase takes effect, depending upon circumstances which demonstrate that such increase is unnecessary, including, without limitation, greater than anticipated revenues, decreased operating expenses, or decreased capital projects expenditures; and 9 WHEREAS, the Suspension may be approved by a majority vote of all of the Councilmembers prior to the effective date of the next scheduled rate increase; and WHEREAS, if approved, the Suspension would mean that the next scheduled rate increase would not go into effect; and WHEREAS, the City Council has considered all written and oral testimony presented at the Hearing and considered whether the proposed Water Rate Increases are discriminatory or excessive, or will be sufficient under Government Code section 54515, or will comply with the provisions of Chapter 6 of Division 2, Title 5 of the Government Code, or will be sufficient under the provisions or covenants of any outstanding revenue bonds of the City, if any, payable from the water rate revenues and will be in compliance with law; NOW, THEREFORE, THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby determines that the proposed Water Rate Increases are not discriminatory or excessive, and will be sufficient under Government Code section 54515, and will comply with the provisions of Chapter 6 of Division 2, Title 5 of the Government Code, and will be sufficient under the provisions or covenants of any outstanding revenue bonds of the City, if any, payable from the water rate revenues and will be in compliance with law. 12 SECTION 2. As of March 1, 2015, or as soon thereafter practical, the four -tier water commodity rate structure for single - family customers for all meter sizes shall be as follows: Tier Rate 1 $2.73 2 $ 4.09 3 $ 6.13 4 $ 9.59 * HCF = 100 cubic feet Single Family Ranae of Use /HCF* 0 -14 15 -40 41 -148 149+ SECTION 3. As of March, 1, 2015, or as soon thereafter practical, the four -tier water commodity rate structure for multi - family customers for all meters sizes shall be as follows: Multi Family Range of Use Tier Rate Per Dwelling Unit /HCF' 1 $ 2.73 0 -4 2 $ 4.09 5 -9 3 $ 6.13 10 -20 4 $ 9.59 21+ * HCF = 100 cubic feet SECTION 4. As of March 1, 2015, or as soon thereafter practical, the two -tier water commodity rate structure based on meter size for non - residential customers shall be as follows: Meter Size Tier Rate Range of Use /HCF 3/" & 1" Tier 1 $ 3.88 0 -210 Tier 2 $ 9.55 211+ 1 -1/2" Tier 1 $ 3.88 0 -465 Tier 2 $ 9.55 466+ 5 2" Tier 1 $ 3.88 0 -870 $39.05 Tier 2 $ 9.55 871+ 3" Tier 1 $ 3.88 0 -1,700 $172.32 Tier 2 $ 9.55 1,701+ 4" Tier 1 $ 3.88 0 -2,550 $752.66 Tier 2 $ 9.55 2,551+ 6" and above Tier 1 $ 3.88 0 -5,280 Tier 2 $ 9.55 5,281+ SECTION 5. As of March 1, 2015, or as soon thereafter practical, the one -tier recycled water rate shall be as follows: $3.49 per HCF SECTION 6. As of March 1, 2015, or as soon thereafter practical, the fixed bi- monthly service charge for fireline meters shall be as follows: Meter Size Service Charge 1 '' /2' $39.05 2" $62.65 3" $107.82 4" $172.32 6" $333.52 8" $526.97 1011+ $752.66 Any unauthorized metered water usage for fireline meters shall result in doubling of the service charge. SECTION 7. A low- income allowance will be offered to residential water customers with individual water meters who qualify for the City's Utilities User Tax Exemption Program, the Southern California Gas Co. or the Southern California Edison N low- income assistance programs. As of March 1, 2015, or as soon thereafter practical, the residential low- income water commodity charge shall be as follows: Tier 1 $ 1.73 Tier 2 $ 4.09 Tier 3 $ 6.13 Tier 4 $ 9.59 SECTION 8. Maximum rate increases from March 1, 2015 through December 31, 2019 are hereby established as follows, unless Council approves a Suspension of the rate in whole or in part prior to the effective date of the next scheduled rate increase, beginning with the January 1, 2016 scheduled rate increase: March 1, 2015 9% (this increase is already reflected in Sections 2 — 7) January 1, 2016 9% January 1, 2017 9% January 1, 2018 9% January 1, 2019 9% SECTION 9. Commencing upon January 1, 2016 and on January 1 of each fiscal year thereafter, fees established by this resolution shall be administratively revised annually by a factor no greater than the percentages outlined in Section 8. SECTION 10. In accordance with Government Code section 54354, delinquent charges and penalties for water services when recorded in accordance with Government Code section 54355 shall constitute a lien upon the real property served. 7 SECTION 11. Resolution Number 10321 (CCS) is hereby repealed in its entirety. SECTION 12, The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: MOUTRIE City s 1.1 Adopted and approved this 24th day of February, 2015. a"- Kevin McKeown, Mayor I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10867 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 24th day of February, 2015, by the following vote: AYES: Councilmembers NOES: Councilmember: ABSENT: Councilmember: Himmelrich, O'Connor, O'Day, Winterer Mayor McKeown, Mayor Pro Tern Vazquez None Davis ATTEST: Sarah P. Gorman, City Clerk