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HomeMy WebLinkAbout03 - Resolution to Amend Recycled Water Commodity ChargeQ �EwaaR� O INA >, s Cq<I FO RNP TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report November 14, 2017 Agenda Item No. 3 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL George Murdoch, Municipal Operations Director - 949-644-3011, gmurdoch@newportbeachca.gov PREPARED BY: Joshua Rosenbaum, Senior Management Analyst jrosenbaum(a)-newportbeachca.gov PHONE: 949-644-3057 TITLE: Resolution to Amend Recycled Water Commodity Charge ABSTRACT: The City of Newport Beach (City) provides non -potable (recycled) water for irrigation of parks, schools, center medians, and golf courses. The City purchases recycled water from the Orange County Water District (OCWD) through the Green Acres Project. The Commodity charge is one component of the recycled water rate the City charges its customers. The Commodity charge (price per HCF or billing unit) is a direct reflection of what the City pays OCWD for recycled water. Municipal Code NBMC 14.13.010 states that if the City's cost of recycled water increases by more than the projected rate to purchase water from OCWD, the commodity charge will be adjusted annually to reflect the City's cost to purchase water form OCWD. OCWD has increased the rate higher than the established rates projected. In compliance with our municipal code, staff recommends the City's recycled commodity charge be adjusted to cover the actual cost the City pays OCWD. The proposed rates are described in the discussion section below. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2017-69, A Resolution of the City Council of the City of Newport Beach, California, Amending the Recycled Water Commodity Charge Effective January 1, 2018. 3-1 Resolution to Amend Recycled Water Commodity Charge November 14, 2017 Page 2 FUNDING REQUIREMENTS: There are no funding requirements to implement the adjusted recycled water rate; however, this action will change the recycled water commodity charge currently assessed to users of recycled water. DISCUSSION: The City of Newport Beach (City) provides non -potable (recycled) water for irrigation of parks, schools, center medians, and golf courses. The City purchases recycled water from the Orange County Water District (OCWD) through the Green Acres Project. The City retained the services of HF&H Consultants (HF&H) to conduct a recycled water rate study in 2013 and presented the findings to the Finance Committee and City Council in 2014. Following a Proposition 218 notice period and public hearing on August 12, 2014, the City Council introduced Ordinance No. 2014-13 amending the NBMC adding Section 14.13 Recycled Water Rates Established. On September 9, 2014, the City Council conducted a second reading of the ordinance and adopted Resolution No. 2014-78 setting new recycled water rates over a five-year period. The rates are a combination of fixed charges to cover operations and maintenance costs of the system, a pump station charge for operations and maintenance of the City owned pump stations and a commodity (price per HCF or billing unit) charge that is the actual cost the City pays OCWD for recycled water. The rates were first adjusted in 2015 and scheduled to increase every year for a five-year period ending with in 2019. Table 1 below is the current rates established by Resolution 2014-78. Table 1 Current Monthly Recycled Water Charges Fixed Charge Meter Size 2014 2015 2016 2017 2018 2019 5/8" or 3/4" $13.82 $18.91 $19.29 $19.68 $20.07 $20.47 1" $23.03 $31.53 $32.16 $32.80 $33.46 $34.13 1 '/2" $46.06 $63.05 $64.32 $65.60 $66.91 $68.25 2" $73.70 $100.88 $102.90 $104.95 $107.05 $109.19 3" $138.18 $189.15 $192.94 $196.80 $200.73 $204.75 4" $230.30 $315.25 $321.56 $327.99 $334.55 $341.24 6" $460.61 $630.50 $643.11 $655.98 $669.10 $682.48 8" $736.98 $1,008.81 $1,028.99 $1,049.57 $1,070.56 $1,091.97 Commodity Charge Per HCF $2.46 $0.86 $0.87 $0.89 $0.91 $0.93 Pump Station Charge Per HCF none $0.36 $0.37 $0.38 $0.38 $0.39 3-2 Resolution to Amend Recycled Water Commodity Charge November 14, 2017 Page 3 On June 27, 2017, the City and OCWD entered into a new Agreement related to the City's purchase and distribution of recycled water from OCWD. This Agreement establishes the distribution, purchase price, water quality, operating obligations, and rules related to the purchase and distribution of recycled water from OCWD. Furthermore, the Agreement allows OCWD to establish fees in accordance to their true cost to provide reclaimed/recycled water. Municipal Code NBMC 14.13.010 states that if the City's cost of recycled water increases by more than the projected rate to purchase water from OCWD, the commodity charge will be adjusted annually to reflect the City's cost to purchase water from OCWD. Currently, the City collects from our customers $0.89 per HCF (1 HCF = 748 gallons) which equals $387.71 dollars per Acre -Foot (AF) of revenue. Prior to July 1, 2017, OCWD set its rate to $478.40 per AF. This is higher than the anticipated $387.71 per AF used in our rate study. On May 31, 2017, the City, as well as all GAP recycled water retailers, received a letter from OCWD notifying us that the wholesale rate would be increasing from $478.40 per Acre -Foot (AF) to $738.00 per AF effective July 1, 2017. In order to pay for this significant increase, the City will need to increase the commodity rate to $1.69 per HCF. This number is established by the following conversions and equation: 1 Acre -Foot (AF) = 43,560 Cubic Feet (FT3), 100 FT3 = 1 Hundred Cubic Feet (HCF) therefore: $738 / 43,560 FT3 x 100 = $1.69/HCF. The fixed charges as well as the pump station charge are proposed to remain the same. Table 2 reflects the proposed changes which recovers 100 percent of the actual cost the City pays OCWD for recycled water for the calendar year 2018. It is anticipated that OCWD may increase their rates again in 2019 at which time staff will bring the item back to Council for a recommended change if needed. Table 2 Proposed Monthly Recycled Water Charges Fixed Charge Meter Size 2014 2015 2016 2017 2018 2019 5/8" or 3/4" $13.82 $18.91 $19.29 $19.68 $20.07 $20.47 1" $23.03 $31.53 $32.16 $32.80 $33.46 $34.13 1 '/2" $46.06 $63.05 $64.32 $65.60 $66.91 $68.25 2" $73.70 $100.88 $102.90 $104.95 $107.05 $109.19 3" $138.18 $189.15 $192.94 $196.80 $200.73 $204.75 4" $230.30 $315.25 $321.56 $327.99 $334.55 $341.24 6" $460.61 $630.50 $643.11 $655.98 $669.10 $682.48 8" $736.98 $1,008.81 $1,028.99 $1,049.57 $1,070.56 $1,091.97 Commodity Charge Per HCF $2.46 $0.86 $0.87 $1.69 $1.69 $1.69 Pump Station Charge Per HCF I none $0.36 $0.37 $0.38 $0.38 $0.39 3-3 Resolution to Amend Recycled Water Commodity Charge November 14, 2017 Page 4 If City Council approves of the increase, then staff will provide thirty days' notice of the increase to the recycled water rate payers in compliance with California Government Code Section 53756. Rates will be effective January 1, 2018. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2017-69 Attachment B — OCWD Letter to the City — Intent to Increase Recycled Water Charges 3-4 ATTACHMENT A RESOLUTION NO. 2017-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE RECYCLED WATER COMMODITY CHARGE EFFECTIVE JANUARY 1, 2018 WHEREAS, Newport Beach Municipal Code ("NBMC") Section 3.36.030(A) provides that the cost recovery percentage for most user fee services shall be one hundred percent (100%), with the exception of the user services listed therein and those services for which the fee is limited by statute. NBMC Section 3.36.030(C) provides that the City Council may amend the amount of any fee or charge for, and the actual cost of providing, any user service upon a determination that there has been an increase or decrease in one or more of the cost factors relevant to the calculation of the actual cost of providing the service; WHEREAS, on September 9, 2014, City Council adopted Ordinance No. 2014-13 adding Chapter 14.13 to the NBMC and establishing recycled water rates. NBMC Section 14.13.010 provides that the City of Newport Beach ("City") will charge and collect a monthly fixed recycled water service charge, a monthly per-unit commodity charge for each meter, and a monthly pump station charge from each customer who receives recycled water by means of a pump station and allows for any or all of such charges to be effective January 1St of each year and be charged according to the fee schedule adopted by resolution of the City Council; WHEREAS, pursuant to Subsection (B) of NBMC Section 14.13.010, the monthly commodity charge recovers the City's cost to purchase recycled water from the Orange County Water District ("OCWD") and, if the City's cost of recycled water increases by more than the projected rate to purchase recycled water from OCWD, the commodity charge will be adjusted annually to reflect the City's cost to purchase recycled water from OCWD; WHEREAS, pursuant to Resolution No. 2014-78, the City Council adopted a fee schedule for the City's recycled water rates, incorporated the recycled water rate schedule into the City's master fee schedule, now referred to as the Schedule of Rates, Fines, and Fees, and resolved that the recycled water rates shall be updated in January of each year pursuant to the annual fee schedule attached to Resolution No. 2014-78; WHEREAS, on June 27, 2017, the City Council approved an agreement between the City and OCWD which established the distribution, purchase price, water quality, operating obligations, and rules related to the purchase and distribution of reclaimed (recycled) water from OCWD as part of OCWD's Green Acres Project ("GAP Agreement"); WHEREAS, the GAP Agreement allows OCWD to sell the City recycled water for an amount equal to OCWD's cost of producing and distributing Green Acres Project water; 3-5 Resolution No. 2017 - Page 2 of 4 WHEREAS, in a letter to the City from OCWD dated May 31, 2017, OCWD informed that City that, for the period commencing July 1, 2017, OCWD's cost of producing and distributing Green Acres Project water to the City is $738 per acre-foot; WHEREAS, the significant increase (from $478.40 per acre-foot to $738 per acre- foot as of July 1, 2017) in City's cost to purchase recycled water from OCWD requires a comparable increase in City's recycled water commodity charge to offset OCWD's increased cost of providing recycled water to the City; WHEREAS, pursuant to Subsection (B) of NBMC Section 14.13.010, the City is authorized to pass-through the effects of this increase charged by OCWD through an adjustment to the commodity charge rate to be charged to its recycled water customers; WHEREAS, in 2014, the City conducted the majority protest hearing on its recycled water fees as required by California Constitution, article XIII D, section 6 (Proposition 218), no majority protest was lodged, the rates the City Council then adopted included the requirement of Subsection (B) of NBMC section 14.13.010 to pass-through to customers increases in the City's cost of water from OCWD as authorized by Government Code section 53756 and, accordingly, no further protest proceeding is required at this time; and WHEREAS, by adopting this resolution, the City Council intends to amend the recycled water commodity charge effective January 1, 2018 by adopting the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. The City's other recycled water rates (fixed charge and pump station charge) are restated in Exhibit A, but remain unchanged. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby adopts the fee schedule attached hereto as Exhibit A and incorporated herein by this reference and amends the recycled water commodity charge effective January 1, 2018. The recycled water rates shall be updated in January of each year pursuant to the schedule set forth in Exhibit A. The City Council directs staff to include the recycled water rates in Exhibit A within the City's Schedule of Rates, Fees, and Fines or other successor document and adjust the recycled water rates each January consistent with Exhibit A. Section 2: Resolution No. 2017-14 is hereby rescinded. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council Resolution No. 201.7 - Page 3 of 4 hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 14th day of November 2017. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp d""�`3••t� City Attorney Attachment: Exhibit A — Recycled Water Commodity Charge Rate Tables 3-7 Resolution No. 2017 - Page 4 of 4 Exhibit A Current Monthly Recycled Water Charges Fixed Charae Meter Size 2014 2015 2016 2017 2018 2019 314'18" or $13.82 $18.91 $19.29 $19.68 $20.07 $20.47 1" $23.03 $31.53 $32.16 $32.80 $33.46 $34.13 1 '/2" $46.06 $63.05 $64.32 $65.60 $66.91 $68.25 2" $73.70 $100.88 $102.90 $104.95 $107.05 $109.19 3" $138.18 $189.15 $192.94 $196.80 $200.73 $204.75 4" $230.30 $315.25 $321.56 $327.99 $334.55 $341.24 6" $460.61 $630.50 $643.11 $655.98 $669.10 $682.48 8" $736.98 $1,008.81 $1,028.99 $1,049.57 $1,070.56 $1,091.97 Commodity Charge Per HCF $2.46 $0.86 $0.87 $0.89 $0.91 $0.93 Pump Station Charge Per HCF none $0.36 $0.37 $0.38 $0.38 $0.39 Proposed Monthly Recycled Water Charges Fixed Charge Meter Size 2014 2015 2016 2017 2018 2019 518" or 314" $13.82 $18.91 $19.29 $19.68 $20.07 $20.47 1" $23.03 $31.53 $32.16 $32.80 $33.46 $34.13 1 '/z" $46.06 $63.05 $64.32 $65.60 $66.91 $68.25 2" $73.70 . $100.88 $102.90 $104.95 $107.05 $109.19 3" $138.18 $189.15 $192.94 $196.80 $200.73 $204.75 4" $230.30 $315.25 $321.56 $327.99 $334.55 $341.24 6" $460.61 $630.50 $643.11 $655.98 $669.10 $682.48 8" $736.98 $1,008.81 $1,028.99 $1,049.57 $1,070.56 $1,091.97 Commodity Charge Per HCF 1 $2.46 $0.86 $0.87 $1.69 $1.69 $1.69 Pump Station Charge Per HCF I none $0.36 $0.37 $0.38 $0.38 $0.39 3-8 ATTACHMENT B PHILIP L. ANTHONY DENIS R. 811,93DEAU, P.E. SHAWXDEH'ANE i� V CATHY GREEN DIVA NGUYE14 VICENM SARtNIENTO STEPHEN R_SHELDON SINCE 1973 JAMES yAHpERBILT GRUCEWHITANER ORANGE COUNTY WATER DISTRICT ROGER C. YOH, R O Fi4fY0E COUfVTY'8 OgOUNOWATSR AUTNOpfTY May 31,2017 CITY OF NEWPORT BEACH MUNICIPAL OPERATIONS DEPT. ATTN: Mr. George Murdoch Utilities General Manager 100 Civic Center Drive Newport Beach, CA 92660 Subject: 2017-2018 GREEN ACRES PROJECT WHOLESALE WATER RATE Dear Mr. Murdoch: COMM President DENIS R. BiLDDEAU, P.E. FrstYice President PHILIP L. ANTHONY Seeond Vice President SHAWN DEWANE General Manager MICHAEL R. MARKUS. P.E., O.P This letter is to inform you of the Green Acres Project Wholesale Water rate for 2017-2018 (period July 1, 2017 through June 30, 2018). For project water served to water customers of the City of Newport Beach (City), City shall purchase the Project Water from OCWD, at the point of its metered connection, for an amount equal to OCWD's cost of producing and distributing Project Water based on the methodology set forth in Exhibit D (attached), as determined by OCWD after consultation with the Operating Group defined in Paragraph 3.3 Paragraph 3.33.3 of the Green Acres Project water agreement between City and OCWD, staff representatives of OCWD, City, and other retail agencies participating in the Green Acres Project shall form an "Operating Group" to meet at least once prior to the annual publishing of the revised Exhibit D by OCWD. The wholesale project water pricing, effective July 1, 2017 is: ,S738.00/af Should you have any questions, please contact Joanne Goco at (714) 378-3306. Very truly yours, Randy Fick CF'OlTreasurcr Attachment cc: Chris Auger, Water System Services Supervisor File M O `5 M Exhibit D: OCWD Unit Price Calculation Project Water Sold to RETAILER Revisions to Exhibit D by OCWD do not require an amendment to this Agreement. Fiscal Year 2015-2016 calculation listed below. This unit price shall be effective for Fiscal Year 2017-2018. Previous fiscal year operational and maintenance cost to operate, treat, and distribute Product Water (Electricity, Chemicals, Labor, Maintenance, Testing, + Utility Location Services, Replenishment Assessment Value of Deep Well Blending Water) $1,173,230.46 Previous fiscal year Repair and Rehabilitation Fund contribution for Project Facilities. This figure may be periodically reviewed and adjusted by OCWD Board as necessary $936,678.00 Debt service payments. This figure may vary as terms for loans, certificates of participation, and other + Project Facilities financing change. Smoothing may occur to avoid sudden increases to this figure $980,296.67 Previous fiscal year Project Water in acre-feet 4,186.09 Estimated future fiscal year rates provided for planning purposes only implementation. FY 2018-19: $778 per acre foot FY 2019-20: $769 per acre foot FY 2020-21: $741 per acre foot FY 2021-22: $761 per acre foot FY 2022-23: $782 per acre foot _ $738 per acre foot Rates are subject to substantive change prior to 3-10