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File #: 24-011    Version: 1 Name:
Type: Discussion Items Status: Agenda Ready
File created: 12/27/2023 In control: CITY COUNCIL
On agenda: 12/17/2024 Final action:
Title: Adopt a resolution approving the Notice of Intent to increase the Monthly Sewer User Rates, initiating proceedings under Proposition 218, scheduling a public hearing to consider updates and increases to the Monthly Sewer User Rates, and authorizing the City Manager or designee to take all appropriate actions necessary to carry out the purpose and intent of the resolution.
Attachments: 1. Attachment 1 - Resolution, 2. Attachment 2 - Notice of Intent, 3. Attachment 3 - Exhibit “A” to Resolution - Proposition 218 Notice, 4. Attachment 4 – Draft Sewer Rate Study
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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City Council Agenda

Memo to:

Manteca City Council

 

 

From:

Kevin Jorgensen II, Director of Engineering/City Engineer

 

 

Prepared by:

Somporn Boonsalat, Deputy Director of Engineering

 

 

Date:

December 17, 2024

 

 

Subject:

Approve the Notice of Intent, Initiate Proposition 218 Proceedings, and Schedule a Public Hearing to Consider Increases to the Monthly Sewer User Rates

 

Recommendation:

title    

Adopt a resolution approving the Notice of Intent to increase the Monthly Sewer User Rates, initiating proceedings under Proposition 218, scheduling a public hearing to consider updates and increases to the Monthly Sewer User Rates, and authorizing the City Manager or designee to take all appropriate actions necessary to carry out the purpose and intent of the resolution.

 

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Background:

On March 5, 2024, the City of Manteca (City) adopted the 2024 Final Sewer Master Plan (2024 SMP). With completion of the 2024 SMP, staff now has an accurate accounting of the funding needed for the maintenance and operation of existing assets and development of future assets.

 

The Manteca Municipal Code imposes on sewer customers the requirement to pay sewer rates to cover the City’s costs of providing sewer services. The City worked with its consultants at Stantec to develop the draft 2024 Sewer Rate Study (Attachment 4). The 2024 Sewer Rate Study includes a comprehensive cost of services review and analysis of the City’s sewer rates and a new rate structure that is compliant with all legal requirements, including Article XIII-D, Section 6 of the California Constitution (“Proposition 218”).

 

Prior to extending, imposing or increasing sewer rates, the City must hold a public hearing to consider the rates and mail written notice of the public hearing (“Proposition 218 Notice”) (Attachment 3) to property owners at least 45 days prior to the public hearing.  Under Proposition 218, ratepayers and owners of property receiving City sewer services may protest the proposed rates by submitting a written protest, prior to the close of the public hearing.  While both ratepayers and property owners may submit protests, only one protest per parcel will be counted.  If a majority of parcels receiving sewer service submit written protests against the rate update, the City Council cannot adopt the proposed rates.

 

Additionally, the City is choosing to comply with Assembly Bill 2257, which requires any property owner or ratepayer that may wish to bring a judicial action challenging the rates to submit an objection to the proposed sewer rates to the City Council’s attention prior to the deadline established by the Council as part of the ratemaking process.  The objection must include all of the information specified in the Proposition 218 Notice and it must be submitted separately from any protest.  Prior to or during the public hearing, the City must respond to all of the objections, in writing, including the grounds for which a challenge is not resulting in amendments to the proposed rates. Any judicial action or proceeding to challenge the sewer rates shall be subject to the requirements set forth in Government Code section 53759.2. 

 

After reviewing the objections and the City’s responses, prior to adopting the rates, the City Council must determine one of the following:

 

                     Whether the written objections and the agency’s response warrant clarifications to the proposed fee or assessment.

                     Whether to reduce the proposed fee or assessment.

                     Whether to further review before making a determination on whether clarification or reduction is needed.

                     Whether to proceed with the protest hearing and adopt the rates

 

Below is the tentative schedule of events:

 

 Date

Event

12/17/2024

Adopt Resolution Initiating Proposition 218 Process

1/16/2025

Mail Proposition 218 Notice

1/29/2025

Community Meeting #1, 2:00 pm, at the  Transit Center, 220 Moffat Blvd.  Manteca CA, 95366.

2/26/2025

Community Meeting #2, 2:00 pm, at the  Transit Center, 220 Moffat Blvd.  Manteca CA, 95366.

3/3/2025

Assembly Bill 2257 Protest Deadline

3/5/2025

Community Meeting #3, 2:00 pm, at the  Transit Center, 220 Moffat Blvd.  Manteca CA, 95366.

3/18/2025

First Reading/Public Hearing

4/15/2025

Second Reading/Public Hearing

5/15/2025

Fees in Place

 

 

 

 

Below is the Proposed Monthly Sewer User Rate:

 

Description

FY 2025 Current

FY 2025 Proposed

FY 2026 Proposed

FY 2027 Proposed

FY 2028 Proposed

FY 2029 Proposed

Effective Date

 

5/15/2025

 

7/1/2026

7/1/2027

7/1/2028

 

 

 

 

 

 

 

Customer Class

 

 

 

 

 

 

Single-Family Residential (per unit)

43.30

$58.60

$58.60

$64.50

$68.40

$72.50

Multi-Family  Residential (per unit)

N/A

$41.70

$41.70

$45.90

$48.70

$51.60

Mobile Home (per unit)

N/A

$37.20

$37.20

$40.90

$43.40

$46.00

Commercial Low-Strength (per 1,000 CF1)

N/A

$45.70

$45.70

$50.30

$53.30

$56.50

Commercial Mid-Strength (per 1,000 CF1)

N/A

$55.40

$55.40

$60.90

$64.60

$68.50

Commercial High-Strength (per 1,000 CF1)

N/A

$104.60

$104.60

$115.10

$122.00

$129.30

 

 

 

 

 

 

 

Industrial Class

 

 

 

 

 

 

Volume (per MG2)

$2,023.24

$3,872.20

$3,872.20

$4,259.40

$4,515.00

$4,785.90

BOD3 (per lb.)

$0.404

$0.70

$0.70

$0.80

$0.80

$0.80

TSS4 (per lb.)

$0.765

$1.00

$1.00

$1.10

$1.17

$1.24

Nitrogen (per lb.)

$2.866

$3.10

$3.10

$3.41

$3.61

$3.83

1 CF = Cubic Foot

2 MG = Million Gallons

3 BOD = Biological Oxygen Demand

4 TSS = Total Suspended Solids

 

 

 

 

 

The table below shows the relationship between land use and customer class.

 

Customer Class

Example Land Use

Single-Family Residential

Single Family Homes

Multi-Family  Residential

Two or more units

Mobile Home

Mobile Home Parks and Trailer Parks

Commercial (Low-Strength)

Car Washes/Laundromats, Service Stations, Office/Light Industrial, Schools, Churches, and Non-Profits

Commercial (Mid-Strength)

Commercial/Retail, Hotel/Motel, Hospitals, and Commercial Mixed Use

Commercial (High-Strength)

Hotel/Motel with Kitchen, Restaurants, Markets, and Mortuaries

Industrial Class

Industrial users

 

The average single family residential user generates approximately 6,000 gallons of sewage each month.  For the average single family residential customer, the proposed rates would result in an increase of $15.30 each month starting in FY 2025.

 

Description

FY 2025 Current

FY 2025 Proposed

FY 2026 Proposed

FY 2027 Proposed

FY 2028 Proposed

FY 2029 Proposed

Effective Date

 

5/15/2025

 

7/1/2026

7/1/2027

7/1/2028

Average1 Monthly Residential Bill

$43.30

$58.60

$58.60

$64.50

$68.40

$72.50

Average1 Monthly Residential Bill Increase

 

$15.30

-

$5.90

$3.90

$4.10

1 Average = approximately 6,000 gallons

 

 

If approved, the proposed revised fees would become effective on May 15, 2025.

 

Fiscal Impact:

There is no fiscal impact associated with this recommendation.

 

Documents Attached:

1.                     Attachment 1 - Resolution

2.                     Attachment 2 - Notice of Intent

3.                     Attachment 3 - Exhibit “A” to Resolution - Proposition 218 Notice

4.                     Attachment 4 - Draft Sewer Rate Study