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3A Public Hearing 2010 0621
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3A Public Hearing 2010 0621
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6/17/2010 5:43:57 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/21/2010
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_CC Agenda 2010 0621
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\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0621
MO 2010-028
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\City Clerk\City Council\Minute Orders\2010
Reso 2010-069
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\City Clerk\City Council\Resolutions\2010
Reso 2010-070
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\City Clerk\City Council\Resolutions\2010
Reso 2010-071
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\City Clerk\City Council\Resolutions\2010
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Sewer and wastewater treatment fee increase 2 June 21, 2010 <br />last requirement of the City's application for an SRF funding commitment from the State Board <br />is governing body action on a comprehensive rate study showing adequate reserves and debt <br />service coverage. <br />The Water Pollution Control Enterprise Fund has along-standing policy of developing user <br />charges that ensure equity among ratepayers. In December of 2007, the City entered into an <br />agreement with Municipal Financial Services for the development and evaluation of wastewater <br />rates. The rate setting objectives are to adequately fund sewer utility operations, maintenance, <br />capital replacement expenditures and debt service obligations, while keeping rates as competitive <br />as possible and maintaining a prudent level of reserves. In addition, the City sought to modify the <br />somewhat complex methodology of the past rate consultant (Lawson Management Consultants) <br />making it easier to understand for rate payers and to ensure equitable allocation among customer <br />classifications. The Wastewater Rate Study was completed in April of 2010 and includes $46 <br />million in capital costs to complete the plant upgrades and rehabilitation work. The rate model <br />anticipates this project will be paid through a combination of cash and debt. The Rate Study is <br />for 5 years and recommends a maximum 5% rate increase for each year through Fiscal Year <br />2014-15. The change to a simplified methodology, which eliminates the demand charge <br />currently billed to Industrial Users, will result in uneven adjustments in the first year. In years <br />two through five, wastewater rates will be applied uniformly for all customer classes. The <br />increase could be less than the 5% maximum in subsequent years if bids come in low, new <br />businesses start up, or costs of operation are lower than projected. Wastewater fees will be <br />presented to the City Council annually for review and approval. <br />On March 9, 2010, the City Council Facilities and Transportation Committee forwarded its <br />recommendation for the Plant Rehabilitation Project and associated rate increase to the full <br />Council. <br />On April 19, 2010 City Council authorized mailing notice of proposed sewer and wastewater <br />treatment rate increases, setting a 45 day protest period and public hearing in accordance with <br />Proposition 218 requirements. <br />In accordance with the procedures of Proposition 218, the City Council properly noticed a <br />proposed wastewater rate increase to affected property owners, opened the prescribed protest <br />period, and declared that a public hearing to hear testimony and receive written protests to the <br />rate increase would be held at 7 p.m., June 21, 2010 at San Leandro City Hall. Upon the <br />conclusion of the public hearing, the City Clerk must count the number of valid protests <br />received to determine whether a majority protest exists. If a written protest against the proposed <br />rate increases is presented by a majority of the affected property owners, then the City may not <br />impose the rate increase, and the City has complied with Prop. 218. This requires a majority of <br />all affected property owners to protest the fee under the traditional "silence equals consent" rule. <br />Only one protest per parcel may be counted in determining whether a majority protest exists. <br />However, if the City Clerk determines that a majority protest does not exist, the City has <br />complied with Prop. 218, and may raise the wastewater rates in a subsequent action. <br />For Fiscal Year 2010-11, the published rate must be adopted due to the change in rate calculation <br />methodologies. <br />
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