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HomeMy WebLinkAbout19 - Sewer Rate Adjustment 19-1 NEWPORT BEACH City Council Staff Report CITY OF January 26, 2016 Agenda Item No. 19 ABSTRACT: The Municipal Operations Department retained the consulting services of H F & H Consultants, LLC (“HF&H”) to prepare a sewer rate study. The study analyzed the cost of service and made recommendations regarding the rate and structure in compliance with State law. The study concluded that a rate increase is recommended to ensure adequate funds are available to continue to maintain a safe and healthy sewer infrastructure. RECOMMENDATION: a) Conduct a public hearing to accept comments on the proposed sewer rate and at the conclusion of the hearing close the 45-day notice period; b) Direct the City Clerk to tabulate the results of the protests received from property owners and customers and announce the findings; c) In the absence of a majority of protests, adopt the proposed rates and structure; and d) Introduce Ordinance No 2016-1, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 14.24.065 of Title 14 of the Newport Beach Municipal Code Pertaining to Sewer Use Charge, and pass to second reading on February 9, 2016. FUNDING REQUIREMENTS: There are no funding requirements to implement the sewer rate structure; however, this action will change the sewer water rate and structure currently being charged to users of sewer water. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: George Murdoch, Municipal Operations Director – Utilities 949-644-3011, gmurdoch@newportbeachca.gov PREPARED BY: Rachell Wilfert, Management Specialist PHONE: 949-644-3011 TITLE: Adoption of Sewer Rate Adjustment Adoption of Sewer Rate Adjustment January 26, 2016 Page 2 19-2 DISCUSSION: Background: In February of 2013, the City entered into an agreement with H F & H to conduct a Sewer and Recycled Water Rate Study that resulted in the average reduction of recycled rates of 50% (completed in 2014) and recommended an adjustment in sewer rates to cover operations and capital improvement costs as well as provide funding to meet reserve policies. The study addressed the revenue shortfalls and predicted that the sewer fund balances would dip below the minimum in FY 2016-17 and become negative by FY 2017-18. The rate study can be found at www.newportbeachca.gov/sewerrates. A draft of the rate study was presented at the City Council study session on June 9, 2015. City Council asked staff to further analyze outsourcing to offset any rate increases. Starting in 2011, the division outsourced sewer line videoing, grease interceptor inspections, and FOG control services. This resulted in the reduction of two employees by fiscal year 2013/14. A report on additional outsourcing was presented to the Finance Committee on August 13, 2015. The Committee found no further outsourcing action was required but requested staff to continue to look for opportunities. The Committee recommended the item be moved to City Council. On October 13, 2015, the City Council reviewed the proposed rates and directed staff to send out notices in compliance with State law. The City mailed 27,193 notices (attachment A) to property owners and non-property owning customers on December 9, 2015. The 45-day notice period will conclude at the end of the public hearing on January 26, 2016. Proposed Rates: The proposed rates are for a five year period and include a variable (Sewer Use) charge and a Fixed (Sewer Service) charge. For those customers that do not receive water service from the City, a monthly fixed charge is recommended. The study recommends a change in the rate structure to eliminate the existing surcharge and per unit charge. These charges have been moved to the fixed portion of the rates. The proposed rates are included in the Proposition 218 notice (Attachment A). Approximately ninety four percent of our customers have a 5/8”, 3/4” or 1” meters. The average monthly water use for our single family homes is 15 HCF (billing units). One HCF is 748 gallons. Using the average meter size and water use, the below table depicts the average increase in sewer fees over five years. Adoption of Sewer Rate Adjustment January 26, 2016 Page 3 19-3 Current 2016 2017 2018 2019 2020 Sewer Use Charge per HCF $0.35 $0.39 $0.43 $0.48 $0.53 $0.59 Sewer Use Charge at 15 HCF (avg. use) $5.25 $5.85 $6.45 $7.20 $7.95 $8.85 Sewer Service Charge 3/4" to 1" Meter $4.50 $6.04 $6.71 $7.44 $8.26 $9.17 Total $9.75 $11.89 $13.16 $14.64 $16.21 $18.02 Average Monthly Increase $2.14 $1.27 $1.48 $1.57 $1.81 Rate revenue will incrementally increase the Sewer Enterprise Fund over five years as shown below. 2016 2017 2018 2019 2020 Revenue from Current Rates $3,091,253 $3,091,253 $3,091,253 $3,091,253 $3,091,253 Revenue from Increases $113,346 $528,759 $926,960 $1,368,964 $1,859,587 Total Rate Revenue $3,204,599 $3,620,012 $4,018,213 $4,460,216 $4,950,840 Sewer Master Plan The Sewer Master Plan was completed in 2009 and identified approximately $29 million dollars in projects to maintain a healthy system. The consultant recommended an increase in staffing levels by two and an increase in rates to complete a 15 or 20 year master plan program. Staffing levels were not increased and rates could not be adjusted without a complete rate study as required by State law. Staff looked at outsourcing as an option to offset a revenue increase and started the process of preparing an RFP for a rate analysis. Proposition 218 Procedures Under the Proposition 218 requirements, the rates cannot be increased if a majority of the property owning customers submits a valid written protest to the City Clerk by the close of the 45-day notice period. At the conclusion of the public hearing the City Clerk shall complete the tabulation of all written protests received, including those received during the public hearing and shall report the results to the City Council. The Clerk may advise the City Council of the absence of a majority protest without determining the validity of all protests. Notices were sent to non-property owning customers and City Council may consider their protests; however, they will not be counted as part of the requirement. At this point, City Council could vote to adopt the new rates and structure. Adoption of Sewer Rate Adjustment January 26, 2016 Page 4 19-4 Introduction of the Ordinance Changes The existing rates are identified in the NBMC (Chapter 14.24.065). Should the rates be approved, staff recommends Council introduce an ordinance amending the code to remove the existing rates and include them in the Fee Schedule and pass to second reading on February 9, 2016. A redlined version of the amendment showing the existing code (Attachment B) and a final version of the code for approval (Attachment C) are presented for Council review. The new sewer water rates and structure will be effective 30 days after the second reading of the ordinance (approximately March 10). The next rate adjustment will be affective on January 1, 2017, and on the first day of each year thereafter until January 1, 2020. Other Agencies Actions: The City is one of many local agencies that are in the midst of sewer rate increases. Irvine Ranch Water District, City of Huntington Beach, Moulton Niguel Water District, Laguna Beach, and Costa Mesa Sanitary District have either recently implemented an increase, or are in the process of increasing rates. The rate structures vary from agency to agency so it’s difficult to compare. The following table displays information from rate increase notices from neighboring agencies. Measurements are typically assigned by “units” meaning billing units or HCF, Multi-Family (MF), Single Family Residential (SFR), or Dwelling Unit (DU) and have a variety of fixed and/or variable rate structure. Adoption of Sewer Rate Adjustment January 26, 2016 Page 5 19-5 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 – Proposition 218 Notice Attachment B – Ordinance 2016-1 Amendment to Sewer Use Charge Redline Attachment C – Ordinance 2016-1 Amendment to Sewer Use Charge Final City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 TO: Doe, John & Jane 12345 Main Street Newport Beach, CA 94590 City of Newport Beach Information and Notice of Public Hearing Protest Procedure of Proposed Sewer Rate Charges EXTRA SPACE 19-6 ATTACHMENT A Proposed Sewer Rate Increase Notice of Public Hearing and Protest Procedure NOTICE IS HEREBY GIVEN that on Tuesday, January 26, 2016 at 7:00 p.m., a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach, CA 92660. This will be a public hearing before the Newport Beach City Council to allow public testimony and discussion of the proposed sewer rate adjustments described within this notice. The City Council will take written and oral comments that evening. They will also consider all written protests against the proposed charges, determine if a majority protest exists, and consider resolutions to adopt the sewer rate charges. How to File a Written Protest Written protests must be filed with the City of Newport Beach City Clerk. Written protests may be hand delivered or mailed to the City Clerk at 100 Civic Center Drive, Newport Beach, California 92660. To be valid, written protests must state opposition to the proposed water rate increase, identify the parcel (by assessor’s parcel number or street address), and include the original signature of the sewer service customer or property owner. Written protests may be submitted up to the conclusion of the public testimony at the public hearing on January 26, 2016. About Proposition 218 In November 1996, California voters approved Proposition 218. As a result, California agencies m ust comply with its requirements when setting utility rates. One provision requires that a noticed public hearing on utility rates be held and that rates not be increased if a majority of affected property owners protest the increased rates in writing. Frequently Asked Questions Q. What does my sewer bill pay for? A. Your Newport Beach sewer bill covers the following categories costs and services: • The annual operation and maintenance of the sewer system, including pump station operations and sewer division employee salaries. • The repair and replacement of pipes, pump stations, facilities and equipment to improve the sewer system safety, efficiency and reliability. No debt for this purpose is proposed and all improvements are “paid as we go” with rate revenue. Q. Why do the rates need to be raised? A. The City completed a Sewer Capital Improvement Master Plan in 2010 and projects completed are updated in the plan each year. The plan identifies infrastructure that requires replacement with associated costs and is prioritized by severity of damage and risk. Sewer operations, maintenance and capital improvement programs are supported through the Sewer Enterprise Fund. The current sewer revenues provide adequate funding for operations, but fall short in providing enough funding for capital improvements. At the current rate, sewer rate reserves will be depleted by 2017. 19-7 Q. How is my sewer bill currently calculated? A. Currently a customer’s sewer bill is a component of the municipal services statement sent to City sewer customers. Each bill has at least two components: 1. Sewer Service (Fixed): This monthly charge is based on the customer’s water meter size. Most single-family residential properties have a 3/4, 5/8 or 1 inch meter. Additionally, this charge includes a capital component. The capital component is to be used for repairs and improvements to the sewer system identified in the Sewer Master Plan. 2. Sewer Use (Variable): This charge is based on the amount of water used and is calculated by multiplying the number of water billing units (HCF) by the Sewer Use fee. One HCF (Hundred Cubic Feet) is equal to 748 gallons. There are two charges being removed from the proposed rate structure: a surcharge for customer s with meters 2 inches or larger and per dwelling unit charge. Under the revised sewer rate structure, these charges will be incorporated into the monthly sewer service charge. For sewer customers who do not purchase potable water from the City, there is a fixed flat rate charge identified on the statement as: (Sewer Service – No Water). Q. How can I find out how the rate change affects my bill? A. Start by looking at your Municipal Services Statement (a sample has been provided below). You’ll see a notation like “WATER SERVICE .625”. This means that the water meter at your home or business is a ⅝” meter. Next, look at the “Current and Proposed Sewer Rates” chart that follows on this notice. Under “Sewer Service (Fixed)”, if you have a ⅝” meter, the rate will go from $4.50 per month, or $9.00 for each two-month period, to $6.04 per month, or $12.08 for each two-month period. Using the sample provided, your charge for sewer use (“SEWER USE HCF”), will be calculated by multiplying the proposed per unit charge of $0.39 (currently $0.35) by the number of water billing units (6 HCF) for a total of $2.34. The total sewer charges combine the Sewer Service ($12.08) and the Sewer Use ($2.34) for a total cost of $14.42 per two month billing period, or $7.21 per month. If you still have questions about how your bill might be impacted, call or e-mail the City using the number or address at the end of this notice. SAMPLE MUNICIPAL SERVICES STATEMENT This is how much water you used. *See Sewer Use (Variable) below for the new rate. This is where to find your meter size. *Look under Sewer Service (Fixed) for the corresponding meter size to find your new sewer rate.* 19-8 Current and Proposed Sewer Rates For more detailed information regarding the proposed rates, please visit our web site at:www.newportbeachca.gov/SewerRates Need More Information? If you have questions, please call George Murdoch, Municipal Operations Director, Utilities at (949) 644-3011 or e-mail at utilitieshelp@newportbeachca.gov . Current Structure FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 Effective Increase Date 3/01/2016 01/01/2017 01/01/2018 01/01/2019 01/01/2020 Sewer Service (Fixed) 5/8" or 3/4" $4.50 $6.04 $6.71 $7.44 $8.26 $9.17 1" $4.50 $6.04 $6.71 $7.44 $8.26 $9.17 1 1/2" $4.50 $6.65 $7.38 $8.19 $9.09 $10.09 2" $14.50 $9.06 $10.06 $11.17 $12.40 $13.76 2 1/2" $14.50 $9.67 $10.73 $11.91 $13.22 $14.68 3" $14.50 $10.27 $11.40 $12.66 $14.05 $15.59 4" $14.50 $12.08 $13.41 $14.89 $16.53 $18.34 6" $14.50 $13.59 $15.09 $16.75 $18.59 $20.64 8" $14.50 $15.11 $16.77 $18.61 $20.66 $22.93 10" $14.50 $19.33 $21.46 $23.82 $26.44 $29.35 Sewer Service – No Water (Sewer Only Customers) Rate per Account $6.25 $10.51 $11.66 $12.94 $14.37 $15.95 Sewer Use (Variable) Rate per HCF $0.35 $0.39 $0.43 $0.48 $0.53 $0.59 Sewer Surcharges Multi Unit surcharge (per DU) $2.00 Note 1 Note 1 Note 1 Note 1 Note 1 Note 1: The surcharge has been incorporated into the Sewer Service (Fixed) under the revised structure 19-9 ORDINANCE NO. 2016-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.24.065 OF TITLE 14 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINTING TO SEWER USE CHARGE WHEREAS, The City of Newport Beach charges users of the City’s sewer service to cover the annual operation and maintenance of the sewer system, as wells as the repair and replacement of pipes, pump station, facilities and equipment to improve the sewer system safety, efficiency and reliability; and WHEREAS, on February 26, 2013, the City’s Municipal Operations Department retained the consulting services of HF&H Consultants, LLC (HF&H) to prepare a sewer rate study in order to analyze the current cost to the City to provide sewer services and to provide recommendations regarding an appropriate rate structure; and WHEREAS, The HF&H study recommended a revised rate structure that includes a fixed fee component for sewer customers, a fixed fee component for non- water customers, and a commodity charge; and WHEREAS, The City Council has reviewed the conclusions of the HF&H study and agrees that the recommended rate structure should be implemented, which will allow the City to charge the users of the sewer services a rate that reflects the City’s current cost of maintaining the sewer system. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 14.24.065 is hereby amended to the Newport Beach Municipal Code to read as follows: A. A monthly basic fixed sewer use service charge of four dollars and fifty cents ($4.50) 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. The sewer service charge is based on the water customer’s water meter size. Fixed sewer service charges shall be effective January 1st of each year and charged according to the Fee Schedule adopted by resolution of the City Council. B. A monthly basic fixed sewer use service charge for customers who do not purchase water from the City of Newport Beachof six dollars and twenty-five cents ($6.25) per month, shall be assessed for each use service connection to the public sewer system for customers who do not purchase water from the City of Newport Beach. Fixed sewer service charges shall be effective January 1st of each year and charged according to the Fee Schedule adopted by resolution of the City Council. 19-10 ATTACHMENT B Page | 2 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. DC. In addition to the sewer service charges specified above, a sewer consumption use charge of thirty cents ($0.30) shall be assessed for each hundred (100) cubic feet of water delivered to each water customer connected to the public sewer system. Effective September 1, 2006, the sewer consumption charge shall become thirty-five cents ($0.35). The sewer use charges shall be effective January 1st of each year and charged according to the Fee Schedule adopted by resolution of the City Council. 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 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 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 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 invalid or unconstitutional. Section 4: The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 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 to have a significant effect on the environment. Section 5: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be 19-11 Page | 3 published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of January, 2015, and adopted on the 9th day of February, 2015, by the following vote, to-wit: AYES, COUNCILMEMBERS ______________________________ _____________________________________________________ NOES, COUNCILMEMBERS______________________________ _____________________________________________________ ABSENT COUNCILMEMBERS ____________________________ _____________________________________________________ MAYOR_______________________________________________ DIANE B. DIXON ATTEST: _____________________________________ LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY’S OFFICE _____________________________________ AARON C. HARP, CITY ATTORNEY 19-12 ORDINANCE NO. 2016-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.24.065 OF TITLE 14 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINTING TO SEWER USE CHARGE WHEREAS, The City of Newport Beach charges users of the City's sewer service to cover the annual operation and maintenance of the sewer system, as wells as the repair and replacement of pipes, pump station, facilities and equipment to improve the sewer system safety, efficiency and reliability: and WHEREAS, on February 26, 2013, the City's Municipal Operations Department retained the consulting services of HF&H Consultants, LLC (HF&H) to prepare a sewer rate study in order to analyze the current cost to the City to provide sewer services and to provide recommendations regarding an appropriate rate structure; and WHEREAS, The HF&H study recommended a revised rate structure that includes a fixed fee component for sewer customers, a fixed fee component for non- water customers, and a commodity charge; and WHEREAS, The City Council has reviewed the conclusions of the HF&H study and agrees that the recommended rate structure should be implemented, which will allow the City to charge the users of the sewer services a rate that reflects the City's current cost of maintaining the sewer system. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 14.24.065 is hereby amended to the Newport Beach Municipal Code to read as follows: A. A monthly fixed sewer service charge, 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. The sewer service charge is based on the water customer's water meter size. Fixed sewer service charges shall be effective January 1®' of each year and charged according to the Fee Schedule adopted by resolution of the City Council. B. A monthly fixed sewer service charge for customers who do not purchase water from the City of Newport Beach shall be assessed for each service connection to the public sewer system. Fixed sewer service charges shall be effective January 1®* of each year and charged according to the Fee Schedule adopted by resolution of the City Council. 19-13 ATTACHMENT C C. In addition to the sewer service charge specified above, a sewer use charge shall be assessed for each hundred (100) cubic feet of water delivered to each water customer connected to the public sewer system. The sewer use charges shall be effective January 1®' of each year and charged according to the Fee Schedule adopted by resolution of the City Council. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 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 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 invalid or unconstitutional. Section 4: The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 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 to have a significant effect on the environment. Section 5: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of January, 2015, and adopted on the 9"^ day of February, 2015, by the following vote, to-wit: AYES, CQUNCILMEMBERS NOES, CQUNCILMEMBERS. ABSENT CQUNCILMEMBERS Page | 2 19-14 MAYOR DIANE B. DIXON ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY Page | 3 19-15