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HomeMy WebLinkAbout13 - Water & Sewer Fee IncreasesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 100DDIL ! Lg 7 � 05 AGE DA 1. Agenda Item No. 33 June 28, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Tim Deutsch, Administrative Manager, (949) 644 -3011, tdeutsch(a)citV. newport- beach. ca. us Public Works Department Michael J. Sinacori, Principal Civil Engineer, (949) 644 -3342 msinacori (a)citV.newport- beach.ca. us SUBJECT: Title 14 Amendments Incorporating Water and Sewer Fee Increases ISSUE: Should the City approve water and sewer fee increases? RECOMMENDATION: 1. Introduce and if approved pass to second reading Ordinance No. 2005 -_ (amending Section 14.12.020 and 14.24.065 of Title 14 of the Newport Beach Municipal Code); a. Increasing the water use fee from $2.00 to $2.08 for each hundred cubic feet of water delivered to each customer connected to the City water system. b. Increasing the water meter fee based on meter size as indicated in report. c. Increasing the sewer use fee from $0.20 to $0.30 for each hundred cubic feet of water delivered to each customer connected to the City water and sewer system, effective September 1, 2005. d. Increasing the sewer use fee from $0.30 to $0.35 for each hundred cubic feet of water delivered to each customer connected to the City water and sewer system, effective September 1, 2006. e. Increasing the sewer connection fee from a basic fee of $3.60 per month to $4.50 per month for sewer customers connected to the water and sewer system. f. Increasing the sewer connection fee from a basic fee from $5.25 per month to $6.25 per month for sewer customers that do not purchase water from the City. Water and Sewer Rates June 28, 2005 Page 2 2. Schedule a public hearing on the proposed amendments to Ordinance No. 2005- _ (amending Section 14.12.020 and 14.24.065 of Title 14 of the Newport Beach Municipal Code) for the next City Council meeting. Brief Background: The City of Newport Beach owns, operates and maintains water and wastewater systems consisting of water pump stations, 3 reservoirs, 2 well sites, 26,500 water connections, 20 sewer lift stations and over 23,500 sewer connections. Funds to operate the City's water and wastewater systems are derived primarily from the revenue generated by four distinct charges: • Water use fees (based on the amount of water a customer uses and calculated in "hundred cubic foot" or "HCF" increments) • Water meter fees (based on the size of a water meter service) • Sewer use fees (based on the amount of water used, which directly impacts the amount of wastewater produced); and • Sewer connection fees (based on the size of a customer's water meter). The costs of the system include: maintenance and operations (like the repair of transmission lines and the cleaning of pump stations), pumping and energy costs (especially the cost to take groundwater from our wells in Fountain Valley to our Utilities Yard on 16`" Street), debt service, salaries, and capital improvements through the City's Capital Improvement Program ( "CIP "). Each year's CIP implements parts of the City's Water Master Plan and Wastewater Master Plan. These master plans project costs and repair obligations 20 years into the future. The plans detail the replacement of water transmission and distribution mains, water pump station upgrades, reservoir and treatment improvements, sewer main replacements, sewer pump station upgrades and other system infrastructure changes. In addition, the City has been progressively adding new sewer maintenance programs as required by the California Regional Water Quality Control Board ( "Regional Board ") to prevent sanitary sewer overflows (SSOs) that adversely affect private property and our waterways. Why Water Fees are Going Up The City buys drinking water from two main sources: groundwater from Orange County Water District (OCWD) and imported water from Municipal Water District of Orange County or " MWDOC," which is part of the Metropolitan [ "Met "] Water District organization. Both MWDOC and OCWD have proposed rate hikes for the coming year. Note, too, that OCWD manages the groundwater basin by telling each community what percentage of that community's overall water can come from the basin. This is called a "basin pumping percentage or "BPP." The higher the BBP, the lower our overall water cost, because groundwater is significantly less expensive than Metropolitan Water Water and Sewer Rates June 28, 2005 Page 3 District water. The lower the BPP, the more we must use Met water to meet our local water demand. OCWD has told us both that it will lower our BPP (from the current 66% to a proposed 64% of our total demand) and that it will charge us more for the groundwater we use. OCWD cites, among other things, the Legislature and the Governor's 2005 State Budget solution — which diverted property taxes from special districts like OCWD — for its need to increase water charges. Three of these changes — rate increases for Met water, increases for OCWD water, and the change in BPP by OCWD — translate into a $550,000 annual increase in the cost of water to meet demands. Why Sewer Fees are Going Up We believe that we need to increase sewer rates for different reasons. In recent years, the Regional Board has adopted more stringent Waste Discharge Requirements or ' WDRs" that obligate all cities in Central and North Orange County to maintain wastewater systems to a greater extent than done today. This includes more frequent line cleaning, more frequent line replacement, and up- sizing some lines to ensure that sewer capacity in the lines adequately prevents SSOs. In 1996, when the current wastewater rates were established, the Wastewater Master Plan and related funding focused on "A" priorities (the most critical needs) and directed monitoring of the community's "B ", "C" and "D" priorities. The new WDRs require improvements at the "B" and "C" priority levels to provide additional capacity safety factors. Our Recommendations Council Policy F -2 (Reserves and Designations of Fund Balance — see Exhibit B) and the Master Plans direct us to perform specific capital expenditures and to maintain appropriate reserves in our Water Enterprise and Wastewater Enterprise funds. Based on the proposed 2005 -06 Utilities Department budgets, we recommend that the City Council approve the proposed water and sewer rate and fee increases. On May 23, 2005, we brought this issue before the City Council's Finance Committee. The Committee approved forwarding the proposed rate increases to the City Council. The Committee examined three sewer rate options and four water rate options. The Committee and we as staff members recommend that the City Council approve water and sewer rate and fee increases of the following amounts: • The water use fee will increase 4% from $2.00 to $2.08 per hundred cubic feet. • The monthly water service fee for a '/4" meter will increase by $1.00. All other water service charges will increase proportionally by the size of the meter. • The sewer use fee will increase by $0.05 per hundred cubic feet each year for the next two years. This results in a change from $0.25 to $0.30 in fiscal year 2005 -06 and from $0.30 to $0.35 in fiscal year 2006 -07. • The sewer connection fees will go from a basic fee of $3.60 per month to $4.50 per month for sewer customers connected to the water and sewer system and from $5.25 per month to $6.25 per month for sewer customers that do not purchase water from the City. Water and Sewer Rates June 28, 2005 Page 4 Detailed Background: More about Water Fees The water that is used by the City of Newport Beach is purchased from the Metropolitan Water District of Southern California (MWD) through Municipal Water District of Orange County (MWDOC) and Orange County Water District (OCWD). In this upcoming fiscal year, 64% of demand will be purchased through OCWD, while 36% will come from MWDOC. By Council Policy L -20 (see Exhibit C), the water rate structure shall provide sufficient revenues in the Water Enterprise Fund to cover the following costs: 1. Water purchased from MWD through MWDOC; 2. Water purchased from OCWD; 3. Operation and maintenance of the water system; 4. Water system betterments and improvements; 5. Transfers to the General Fund for administrative support; 6. Water for sewer, water main, and storm drain flushing, and fire fighting; 7. System losses; and 8. Operating reserves. The City Manager and Finance Committee have reviewed the proposed 2005 -06 budget for water operations in the amount of $19,020,174, which includes the purchase of water, personnel costs, maintenance and operation, capital improvement projects and debt service. Listed below are significant highlights of the proposed water budget: 1. MWD has increased its price for water from $476 to $497 per acre -foot. This is a 4.3% increase. It will raise the City's cost to purchase water by $450,000. 2. OCWD has increased its price for water from $172 to $205 per acre -foot. This is a 19.2% increase. In addition, OCWD has decreased the allowable pumping from 66% to 64 %. However, OCWD has reduced the City's basin annexation fee by approximately $150,000, therefore the overall increase for OCWD water will only be $100,000. 3. The Capital Improvement Project (CIP) budget shows a decrease due to the completion of the Big Canyon Reservoir Cover Project This year's CIP is based on the City's Water Master Plan, which identifies replacement projects based on industry standards for useful life of infrastructure. 4. Salaries and Benefits have been increased by $268,000 (an 8.2% increase largely due to the City -wide PERS increase). 5. Council Policy F -2 establishes desired levels of reserve balances. The 2005 -06 desired reserve balance should be $10 million, based on the Council Policy F -2. This proposed budget and rate adjustment will result in a reserve level of $10 million for the next five years. Without the proposed rate increase, the reserve levels would begin to drop $1.5 million each year. In an effort to cover the increasing cost of water, to keep funding planned capital improvements, and to adhere to Council Policy F -2, the water use fee and the water meter fee need to be increased. Water and Sewer Rates June 28, 2005 Page 5 Over the past nine years, the Water Enterprise Reserve has acted as a "rate stabilizer" in that there have been increased costs that have not been passed on to the customer. These costs amount to about $1.5 million of the proposed 2005 -06 Maintenance & Operation Budget of $14,551,551. The Utilities Department and City Manager's office reviewed the operating budget to determine that increased costs could not be off -set further by cost reductions or from the use of reserves. On May 23, 2005, we informed the City Council's Finance Committee of these issues and requested its approval to bring the proposed rate and fee increase to the City Council. The Committee approved the recommendation as described above. The Committee examined the following table -- showing a comparison of water rates of various agencies or cities - as it came to its conclusion: WATER USE AND WATER METER FEES Irvine Ranch Water District* City of Garden Grove El Toro Water District* City of Huntington Beach City of Newport Beach City of Westminster Mesa Consolidated Water District Laguna Beach Water District* Meter Charge 17 HCF 1" $4.24 $5.50 Charge per HCF tT7yjv a, Ne 20 HCF 30 HCF 40 HCF 3" $14.00 Customer) 4" $20.00 $25.50 $3.65 Tiered $16.64 $20.79 $42.37 $75.57 $7.38 $1.25 $28.63 $32.38 $44.88 $57.38 $6.95 $1.32 $29.39 $33.35 $46.55 $59.75 $13.03 $1.37 $36.27 $40.37 $54.04 $67.71 $3.50 $2.00 $37.50 $43.50 $63.50 $83.50 $20.34 $1.26 $41.76 $45.54 $58.14 $70.74 $12.00 $1.77 $42.09 $47.40 $65.10 $82.80 $15.00 $2.74 $61.58 $69.80 $97.20 $124.60 City or agency italicized has a rate/fee increase pending * This agency receives property tax as a supplement to rates or fees collected. Compared with other agencies' water rates and charges, the City's water meter fee (the $3.50 /mo fee for a %" meter) is the second lowest fixed rate component in the county. This amount has remained unchanged since 1996. The water meter fee covers a portion of our fixed costs to provide water service to our customers. A table of the existing and proposed monthly fees follows: Meter Size Existing Rate Proposed Rate 3/4" $3.50 $4.50 1" $4.24 $5.50 11/2" $5.50 $7.00 2" $7.25 $9.50 3" $14.00 $18.00 4" $20.00 $25.50 6" $30.00 $38.50 8" $35.00 545.00 Water and Sewer Rates June 28, 2005 Page 6 More about Sewer Fees The City of Newport Beach operates and maintains the local sewer collection and pumping system consisting of more than 1 million feet of sewer mains, 23,500 sewer connections and 20 wastewater pump stations. By means of 20 wastewater pump stations, sewage is moved through the system into transmission mains that are owned and operated by the Orange County Sanitation District (OCSD), through which sewage is carried to Huntington Beach for treatment, reuse and ocean discharge. Funds to operate the City's wastewater collection and pumping systems are derived solely from the revenues generated by the sewer use fees and sewer meter fees. The costs of the system include maintenance and operations, pumping and energy costs, salaries and benefits, and system betterments through the City's capital improvement program. The City has maintained an aggressive Wastewater Capital Improvement Program, consisting of the replacement of sewer mains, sewer pump station upgrades and other system infrastructure changes. In addition, the City has been progressively adding new sewer maintenance programs as required by the Regional Board's WDR. Like the Water Enterprise Fund, over the past eight years, the Wastewater Enterprise Reserve has acted as a "rate stabilizer' to maintain current sewer rates. But increases in expenses are catching up to us. These increases are about $1.1 million of the total proposed 2005 -06 Maintenance & Operation Budget of $2,466,637. The Utilities Department and City Manager's office reviewed the operating budget to determine that increased costs could not be off -set further by cost reductions or from the use of reserves. On May 23, 2005, we informed the City Council's Finance Committee of these issues and requested its approval to bring the proposed rate and fee increase to the City Council. The Committee approved the recommendation as described above. The table below shows a comparison of sewer rates of various agencies or cities. Water and Sewer Rates June 28, 2005 Page 7 SEWER USE AND CONNECTION FEES In a comparison of other agencies or cities sewer rates and fees, the City's sewer use fee is the lowest known fixed rate component (the connection fee) in the county. This fee has remained unchanged at $3.60 since 1997. How an Average Customer's Bill Will Appear with the Fee Increases A comparison of average monthly charges for water and sewer customers using 17 hundred cubic feet (HCF) of water per month (the typical user's average) assuming the current fees and the proposed fees is shown below. Note that this comparison does not include any other charges on the Municipal Services Statement, such as the recycling or medic subscription fees. 2004 -05 (current) Municipal Services Statement Comparison Current Rate and Proposed Rate 2005 -06 (proposed) $34.00 17 HCF of water used $35.36 $3.50 Water service charge - 3/4" -inch meter $4.50 $0.43 Other agency charge $0.43 Agency Name connection Fee Use Fee-a 17 HCF IT7p NB 20 HCF 30 HCF $45.78 Notes $49.89 Customer) City of Fountain Valley $4.00 n/a $4.00 $4.00 $4.00 Flat rate based on meter size City of Garden Grove $4.64 rile $4.64 $4.64 $4.64 Flat rate City of Huntington Beach $6.43 n/a $6.48 $6.48 $6.48 Flat rate City of Orange n1a $0.43 $7.31 $8.60 $12.90 No maximum City of Newport Beach $3.60 $0.25 $7.85 $8.60 $11.10 No maximum Irvine Ranch WD $8.35 n/a $8.35 $8.35 $8.35 Flat rate Moulton Niguel WD' $5.50 $0.40 $12.30 $13.50 $15.50 Maximum or 25 units billed El Toro WD' $16.60 nia $16.60 $16.60 $16.60 Flat rate for SFR Santa Margarita WD' $8.25 $0.88 $20.57 $20.57 $20.57 Maximum of 14 units billed South Coast WD' $24.68 n/a $24.68 $24.68 $24.68 Flat rate of$2e6.241yr City or agency highlighted has a ratelfee increase pending ' This agency receives property tax as a supplement to rates or fees collected. In a comparison of other agencies or cities sewer rates and fees, the City's sewer use fee is the lowest known fixed rate component (the connection fee) in the county. This fee has remained unchanged at $3.60 since 1997. How an Average Customer's Bill Will Appear with the Fee Increases A comparison of average monthly charges for water and sewer customers using 17 hundred cubic feet (HCF) of water per month (the typical user's average) assuming the current fees and the proposed fees is shown below. Note that this comparison does not include any other charges on the Municipal Services Statement, such as the recycling or medic subscription fees. 2004 -05 (current) Municipal Services Statement Comparison Current Rate and Proposed Rate 2005 -06 (proposed) $34.00 17 HCF of water used $35.36 $3.50 Water service charge - 3/4" -inch meter $4.50 $0.43 Other agency charge $0.43 $3.60 Sewer service charge $4.50 $4.25 Sewer use charge $5.10 $45.78 Total monthly billing $49.89 As shown above, the average water and sewer customer's bill - assuming 17 HCF of water used every month) -- will go up by $4.11 per month, including both the water and sewer components of the proposed hikes. This results in a 9% increase in the statement. Water and Sewer Rates June 28, 2005 Page 8 Public Notification: All ratepayers in the community received the attached letter (see Exhibit D) from the City Manager in mid -June describing this proposed action. The City Attorney believes that this meets the City's notification requirements. Environmental Review: The setting of rates, tolls, fares, or charges is statutorily exempt from the California Environmental Quality Act (CEQA) (Section 15273 of Title 14 of the California Code of Regulations. Prepared by: Tim Deutsch, Administrative Manager Prepared by: J. Sinacori, Principal Civil Submitted by: EldoriZavidson. Utilities irect r Submitted by: Bctor Attachments: Exhibit A — Section 14.12.020 and Section 14 24.065 Ordinance Modifications Exhibit B — Council Policy F -2 Exhibit C — Council Policy L -20 Exhibit D — City Manager's letter to the ratepayers Water and Sewer Rates June 28, 2005 Page 9 Exhibit A Section 14.12.020 and 14.24.065 of the NBMC as proposed to be adopted ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 14.12.020 AND 14.24.065, OF TITLE 14 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO WATER AND SEWERS The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code sections are amended to read, in full, as follows: SECTION 1: Section 14.12.020 of Chapter 14.12 is amended to read as follows: Section 14.12.020 Water Rates Established. The following rates, fees and charges are hereby established and shall be charged and collected in accordance with the provisions of this chapter: A. There shall be charged and collected a monthly water service charge from each customer for each meter on the basis of the following schedule: For 3/4 -inch meter or less $ 3-504.50 For 1 -inch meter 4- 355.50 For 1 1/2 -inch meter 5- 597.00 For 2 -inch meter 7- 2-59.50 For 3 -inch meter 44 9918.00 For 4 -inch meter 29:9925.50 For 6 -inch meter 39 9938.50 For 8 -inch meter 35. 9045.00 For each living unit in excess of one per water meter, per month 1.00 For each hotel or motel unit and each hospital or convalescent home bedroom in excess of one per water meter, per month .50 B. The rate for water supplied to consumers through a meter, other than pursuant to a written contract approved by the City Council, shall be two dollars and eight centers ($2.08) per one hundred (100) cubic feet. Water and Sewer Rates June 28, 2005 Page 10 City water rates shall be adjusted to reflect Metropolitan Water District and Orange County Water District rate changes. Should the automatic adjustments require a water rate increase, the amount of the increase shall be added to the quantity charges and shall be equal to the Metropolitan Water District and Orange County Water District increase, raised to the next highest whole penny for each one hundred (100) cubic feet used. SECTION 2: Section 14.24.065 of Chapter 14.24 is amended to read as follows: Section 14.24.065 Sewer Use Charge. A. A monthly basic sewer use charge of thFeefour dollars and si*tyfiy cents ($3- 694.50) per month, shall be assessed against each individually metered dwelling unit or business structure connected to the public sewer system and for each sewer connection to the public sewer system for customers who purchase water from the City of Newport Beach except as provided in subsection (C) of this section. B. A monthly basic sewer use charge of #vesix dollars and twenty -five cents ($56.25) per month, shall be assessed for each use connection to the public sewer system for customers who do not purchase water from the City of Newport Beach. C. A monthly supplemental sewer use charge of two dollars ($2.00) per month, shall be assessed for each additional living unit served by the same sewer connection. For the purposes of this subsection, the term 'living unit" shall mean each additional dwelling unit and structures designed for permanent residential use and each room with sanitary and sleeping facilities in any hospital, care facility, hotel or motel. D. In addition to the charges specified above, a sewer consumption charge of tweatythirty cents ($0.230) shall be assessed for each hundred (100) cubic feet of water delivered to each customer connected to the public sewer system. Effective daty-1, 1-997September 1, 2006, the sewer consumption charge shall become twer}tythirty -five cents ($0.235). E. A monthly wastewater surcharge of ten dollars ($10.00) per month shall be assessed to each water customer on all nonirrigation water meters which have a diameter that equals or exceeds two inches. Water meter connections for the exclusive purpose of providing water for fire sprinkler of fire protection systems shall be exempted from this surcharge. SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council Water and Sewer Rates June 28, 2005 Page 11 hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2005, and adopted on the day of , 2005, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK Exhibit B Council Policy F -2 RESERVES /DESIGNATIONS OF FUND BALANCE PURPOSE Water and Sewer Rates June 28, 2005 Page 12 To establish City Council policy for the administration of financial reserves and fund balances. DISCUSSION D. Water Fund. (City Council Policy L -20 contains additional information concerning budgeting and rate setting within the Water Fund.) 1. Accounting Reserves. The same four Accounting Reserves identified in the General Fund will also be used in the Water Fund. 2. Contingency Reserve. Water System Reserve. This Reserve is used for emergency repair to the water system. The target level for this Reserve is thirty -five percent (35 %) of the annual budget for operations. 3. Designated Reserves. Future Water Infrastructure Reserve. This Reserve is used for large designated projects that are part of the water distribution system. System replacement/upgrade and most improvement/major maintenance projects are funded within that amount. However, certain large -scale projects are projected on a ten -year horizon, which is updated and refined each year. The purpose of this Reserve is to set aside partial funding for those projects in advance. Included as part of the City Manager's annual budget proposal will be a plan to fund this Reserve at a level of not more than one hundred percent (100 %) of the projected cost of planned projects by the year in which contract award is anticipated. Projected future costs notwithstanding, a minimum of ten percent (10 %) of the annual budget for operations will be set aside to this reserve each yea.,. The City Council must approve the ultimate fund transfer from this Reserve to a designated Water Enterprise Fund Capital Project Account as part of the Budget process. No new funds will be added to Designated Reserves unless Contingency and Stabilization Reserves are fully funded. 3. Stabilization Reserve. Water and Sewer Rates June 28, 2005 Page 13 Water Rate Stabilization Reserve. This Reserve is used for water rate or fee stabilization to offset large expenditures changes such as water purchase, energy or treatment costs. The intent of the Reserve is to provide funds to offset cost increases that are projected to be short- lived, thereby partially eliminating the volatility in annual rate adjustments. It is not intended to offset ongoing, long -term pricing structure changes. The target level of this reserve is twenty -five percent (25 %) of the annual budget for operations. Funds will be set aside only if target Contingency Reserve level is met. The City Council must approve use of these funds, based on City Manager recommendation. See also City Council Policy L -20. Change in Fair Market Value of Investments. This Reserve will be used in the Water Fund in the same manner it is used in the General Fund. Wastewater Fund. Contingency Reserve. Wastewater System Reserve. This Reserve is used for emergency repair to the Wastewater system. The target level for this Reserve is seventy percent (70 %) of the annual budget for operations. 2. Designated Reserve. Future Wastewater Infrastructure Reserve. This Reserve is used for large designated projects that are part of the City's Wastewater system. Funds are reserved for large - scale future projects, which cannot be accommodated within the annual budget of the year in which they are planned. In the years, prior to estimated contract award, the City Manager's budget proposal will include a plan to set money aside in this Reserve sufficient to accumulate not more than one hundred percent (100 %) of the projected cost of such projects. 3. Stabilization Reserve. Wastewater Rate Stabilization Reserve. This Reserve is used for wastewater rate or fee stabilization to offset large expenditure changes such as energy or operational costs. The intent of the Reserve is to provide funds to offset cost increases that are projected to be short - lived, thereby partially eliminating the volatility in annual rate adjustments. It is not intended to offset ongoing, long -term pricing structure changes. The target level of this reserve is twenty -five percent (25 %) of the annual budget for operations. Funds will be set aside only if target Contingency Reserve level is met. The City Council must approve use of these funds, based on City Manager recommendation. See also City Council Policy L -20. Water and Sewer Rates June 28, 2005 Page 14 Exhibit C Council Policy L -20 WATER RATES A. The City's water rates shall provide sufficient revenue to offset the following costs: 1. Water purchased from the Metropolitan Water District (MWD) through Municipal Water District of Orange County. 2. Water purchased from the Orange County Water District. 3. Operation and maintenance of the water system. 4. Water system betterments and improvements. 5. Transfers to the General Fund for administrative; support. 6. Water for sewer, water main, and storm drain flushing, and fire fighting. 7. System losses. 8. Operating reserves. Water rates shall not be used to offset costs of City department activities not directly related to the cost of providing water. In the case of overlapping responsibilities and activities, the City Manager or the City Manager's designee shall review and recommend to the City Council activities or responsible fees directly attributable to the cost of providing water. B. Reserves — See Policy F -2 Reserves /Designations of Fund Balance. C. The City will attempt to set water rates and utilize reserves in a manner that will facilitate uniform rate increases over the long term rather than sporadic or large increases. D. Water rates shall be reviewed annually. Additional review of the water rates may be performed in the event special circumstances such as unanticipated MWD rate increases or unanticipated major capital expenditure needs occur. Exhibit D CITY OF NEWPORT BEACH June 13, 2005 Dear Newport Beach Water and Sewer Customer: I have two important items to tell you about regarding your water and sewer service. The first is about rate changes, and the second is about the Water Quality lab that we operate at our 16°i Street Utilities Yard. Rates. You may have seen news in the paper about water getting more expensive, even following the strong rain year we have just had. As such, in the upcoming months, the City Council will hold public hearings to potentially increase water and sewer rates. These rates fund the purchase of water as well as the operation, maintenance and capital replacement of our water and wastewater systems. If you reside in an area served by IRWD or Mesa Consolidated Water District, you can disregard this message (although they too may be raising rates soon!). Our rates have held steady since July 1996. We would have liked that to continue, however two major factors are causing these proposed hikes: • The increase in water prices charged to us, as a water buyer, from both the Metropolitan Water District (which sells us Colorado River water) and the Orange County Water District (the Orange County groundwater basin administrator); and • Recent regulatory obligations placed upon us that direct more rapid replacement of our wastewater lines. Water. The proposed water rate increase will likely affect both the commodity rate (based on how much water you use) and the fixed charge (a flat rate reflecting the size of your meter). The commodity rate, which is currently $2.00 per hundred cubic feet (HCF — an amount that equals 748 gallons), may go up to $2.08 per HCF. In addition, the fixed portion or water service fee will likely be increased based on the size of your meter. Most meters are 3/4" in size — if you have this type of meter, today you pay $3.50 a month. The proposed increase for this meter size will be $1.00 per month, resulting in a $4.50 month charge. Sewer. The proposed sewer rate increases will affect both the sewer use and service fee. The sewer use fee is based on the amount of water you use. The current rate is $0.25 per HCF. The City is proposing a two -year, two -step increase to $0.30 per HCF in September 2005 and then $0.35 per HCF in September 2006. The sewer service fee may go from $3.60 to $4.50 per month. For some customers who do not receive water from us, your sewer service fee will be increased from $5.25 to $6.25 per month. City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach California 92658 -8915 • www.city.newport- beach.ca.us Page 2 For a typical customer, based on average usage history, the proposed water and sewer rate increases (combined) will amount to a $4.11 increase on your monthly statement. The City Council will be reviewing the proposed water and sewer rates at the June 28, 2005 Council meeting. Adoption of the new rates, if approved by the City Council, would take place at the July 26, 2005 meeting. The new rates would be reflected on billing statements processed in September. The Council invites members of the community to attend either or both meetings to ask questions, state opinions, and to provide your comments. Our Lab. In the attached Consumer Confidence Report, you will read all about the quality of our drinking water. You will also see a note in there telling you about a testing oversight in our lab. Our water quality monitoring plan, which must be approved by the State Department of Health Services, says that we will test 29 samples monthly for bacteria and chlorine residual. This testing must be done at a certified lab. Typically, we send 23 samples to an outside lab and perform six at our own lab. However, for one year (September 2003 through September 2004), we inadvertently allowed our lab's certification to lapse. We kept doing the six tests per month at our lab and the 23 elsewhere. During this period, all of the tests showed that the water was fine. But, for six of the 29 monthly tests, the work was done at a non - certified lab. It is our duty to inform you of this lapse, which has since been corrected (we have contracted out all 29 tests from that point forward). The attached Report — which attempts to explain the lab problem and doesn't do so very well — contains language mandated by State DFIS, including a phrase about "not need(ing) to boil your water." Obviously, a warning like that in 2005 for a lab lapse in 2003 -04 is not useful. But it's something we're required to write. Again, because our tests were consistently clean — even during the 2003 -04 period — we are confident that our water was fine throughout the period. However, I apologize for the concern. We have taken corrective actions so that this will not happen again. Should you have any questions about the proposed water or sewer rates or the water quality testing program, please do not hesitate to contact the Utilities Department at (949) 644 -3011 or you can call me at (949) 644 -3000. You may also look on the City's website at www.city.newport- beach.ca.us to learn more about the MWD /OCWD rate changes and why we came to this point. As always, thank you for your understanding. Sincerely, HOMER L. BLUDAU City Manager NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on proposed changes to Title 14 of the Newport Beach Municipal Code, incorporating water and sewer fee increases as follows: a) increasing the water use fee from $2.00 to $2.08 for each hundred cubic feet of water delivered to each customer connected to the City water system; b) increasing the water meter fee based on meter size as indicated in staff report; c) increasing the sewer use fee from $0.25 to $0.30 for each hundred cubic feet of water delivered to each customer connected to the City water and sewer system, effective September 1, 2005; d) increasing the sewer use fee from $0.30 to $0.35 for each hundred cubic feet of water delivered to each customer connected to the City water and sewer system, effective September 1, 2006; e) increasing the sewer connection fee from a basic fee of $3.60 per month to $4.50 per month for sewer customers connected to the water and sewer system; and f) increasing the sewer connection fee from a basic fee from $5.25 per month to $6.25 per month for sewer customers that do not purchase water from the City. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 26! day of July 2005, at the hour of 7:00 p.m in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project 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 at, or prior to, the public hearing. For information call (949) 644 -3011. . LaVonne M. Harkless, City Clerk City of Newport Beach �JAA(tt j -to no � i �'tv�ltx( �asCllrG�S —N4, NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on proposed changes to Title 14 of the Newport Beach Municipal Code, incorporating water and sewer fee increases as follows: a) increasing the water use fee from $2.00 to $2.08 for each hundred cubic feet of water delivered to each customer connected to the City water system; b) increasing the water meter fee based on meter size as indicated in staff report; c) increasing the sewer use fee from $0.25 to $030 for each hundred cubic feet of water delivered to each customer connected to the City water and sewer system, effective September 1, 2005; d) increasing the sewer use fee from $030 to $0.35 for each hundred cubic feet of water delivered to each customer connected to the City water and sewer system, effective September 1, 2006; e) increasing the sewer connection fee from a basic fee of $3.60 per month to $4.50 per month for sewer customers connected to the water and sewer system; and f) increasing the sewer connection fee from a basic fee from $5.25 per month to $6.25 per month for sewer customers that do not purchase water from the City. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 26`h day of July 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project 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 at, or prior to, the public hearing. For information call (949) 644 -3011. LaVonne M. Harkless, City Clerk City of Newport Beach Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION # t3 STATE OF CALIFORNIA) NOTICE IS HERE HUMID NOTICE IS HEREBY ) ss. . GIVEN that the City Council of the City of Newport Beach will hold COUNTY OF ORANGE ) a public hearing on proposed changes to Title 14 of the Newport Beach Municipal Code, I am a Citizen of the United States and a incorporating water and sewer fee increases as resident of the County aforesaid; 1 am follows: a) increasing the water use fr h to for over the age of eighteen and not a edel cubic feet of years, water parry to or interested in the below entitled customer connected t the City water system; ; matter. I am a principal clerk of the b) increasing the water meter fee based on NEWPORT BEACH - COSTA MESA meter size as indicated in staff report, c) DAILY PILOT, a newspaper of general g mcreasmg the sewer use fee from $0.25 to $0.30 for each hundred cubic circulation, printed and published in the feet feet of water delivered each customer con - City of Costa Mesa, County of Orange, and to and to the City water State of California, and that attached system, effective September 1, 2005; d) increasing the Notice is a true and complete copy as sewer use fee from sewer to $0.35 for each was printed and published on the hundred cubic feet of water delivered to each customer connected to following dates. the City water and sewer system, effective September 1, 2006; e) increasing the sewer connection fee from a basic fee of $3.60 per month to $4.50 per month for sewer cus- tomers connected to the water and sewer system; and f) increasing the sewer connection fee from a basic fee from $5.25 per month to $6.25 per month for sewer customers that do I declare, under penalty of perjury, that not purchase water from the City. NOTICE IS HEREBY the foregoing is true and correct. FURTHER GIVEN that hearing said public will be held on the 26th day of July 2005, at the hour Executed on JULY 16, 20055 of 7:00 p.m. in the, Council Chambers of the Newport Beach City Hall, at Costa Mesa California. 3300 Newport B Newport 33rd, Beach, California. at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you Signature may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written corre- spondence delivered to the City at, or prior to, the public hearing. For information call (949)' ,644 -3011. LaVonne M. Harkless, City Clerk City Of Newport Beach Published Newport .Beach/Costa Mesa Dailv Pilot July 16, 2005 Sa921