CITY OF BISHOP
CITY COUNCIL MEETING AGENDA
City Council Chambers - 301 West Line Street - Bishop, California MONDAY, FEBRUARY 23, 2026 - 6:00 PM
1. CALL TO ORDER - 6:00 p.m. Monday, February 23, 2026
2. MOMENT OF SILENCE
NOTICE TO THE PUBLIC: Please be advised this meeting is accessible to the public in person, on the City of Bishop website, or on the local government cable channel 12. In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the City Clerk at 760-873-5863 Extension 124. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR
35.102.35.104 ADA Title II].
The public is encouraged to participate or observe this meeting by:
1. Attending this meeting in person at the City of Bishop City Council Chambers located at 301 West Line Street in Bishop, California.
2. Observing this meeting live from the City of Bishop website at:
https://www.cityofbishop.com/government/city_council/index.php
3. Observe this meeting live from the local government cable channel 12.
Public comments may be made:
1. In person: Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration (or complete a speaker card prior to the meeting). Comments for all agenda items are limited to a speaking time of three minutes unless modified by the Mayor.
2. In writing: Go to http://bishop-ca.granicus.com/ViewPublisher.php?view_id=8 to submit an "eComment" for the corresponding meeting. Please note that eComment submissions closes at 3:00 p.m. on the day of the meeting. You may also hand deliver public comments to the City drop/payment box located at the Church Street entrance to City Hall on or before the deadline noted above. All written public comments received prior to the above noted time will be distributed to the Council for their review and consideration prior to the meeting. All written public comments received after that time will be provided to the Council at the earliest possibility. Please note written public comments received will not be read aloud at the meeting.
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 377 West Line Street, Bishop, California during normal business hours.
Government Code 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
1 3. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Freundt will lead the pledge of allegiance.
4. ROLL CALL
5. PUBLIC COMMENT
6. PRESENTATIONS
A. A Presentation on the "Not Another Kid" Project - Presented by Penni Brown.
7. DEPARTMENT REPORTS
8. BISHOP AREA CHAMBER OF COMMERCE & INFORMATION CENTER UPDATE A. Bishop Area Chamber of Commerce and Information Center Update Report - February 23, 2026
9. CONSENT CALENDAR
A. December 2025 Budget Report
B. December 2025 Financial Reports
C. Approval of Amendment No. 1 to Contract No. 25-PW-01 with Lechowicz & NOTICE TO THE PUBLIC: This time is set aside to receive public comment on matters not calendared on the agenda. When recognized by the Mayor, please state your name and address for the record and please limit your comments to three minutes. Under California law the City Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the City Council will listen to all public comment but will not generally discuss the matter or take action on it.
Updates on department activities will be given by the Department Heads and/or their staff.
A. Fire Department - Fire Chief Bret Russell
B. Police Department - Police Chief Nate Derr
C. Public Works Department - Public Works Director Nora Gamino D. Community Services Department - Community Services Manager Daniel McElroy E. Planning Department - Principal Planner Ana Budnyk
F. Administration - City Administrator Pam Foster
Prepared and presented by Bishop Area Chamber of Commerce and Information Center Executive Director Tawni Thomson.
BACCIC Report - February 23, 2026
NOTICE TO THE PUBLIC: All matters under the Consent Calendar are considered routine by the City and will be acted on by one motion.
Recommended Action: City Council to review and accept the December 2025 Budget Report.
December 2025 Budget Report
Recommended Action: City Council to review and accept the December 2025 Financial Reports.
December 2025 Bank Reconciliation Report
December 2025 Combined Cash Report
December 2025 Investment Portfolio Report
December 2025 Warrant Register Report
2 Tseng Municipal Consultants for the 2025 Water and Sewer Rate Study, Increasing the Not-to-Exceed Amount
D. Adoption of a Resolution Authorizing the City Administrator to Execute Affordable Housing and Sustainable Communities (AHSC) Program Documents for the Silver Peaks Project.
10. PUBLIC HEARING AND ACTION
A. Public Hearing and Adoption of Water and Sewer Rates (Proposition 218)
11. NEW BUSINESS
A. Direction on Updates to the City's Water and Sewer Utility Rate Assistance Program
B. Consideration of an Ad Hoc Committee to Meet with the Bishop Area Chamber of Commerce and Visitor's Center
C. Council Discussion on Six-Court Pickleball Layout for the Lower Courts Recommended Action: Approve Amendment No. 1 to Contract No. 25-PW-01 with Lechowicz & Tseng Municipal Consultants, increasing the City budget and not-toexceed contract amount by $4,296.00, for a revised total not-to-exceed amount of $62,896.00, and authorize the Purchasing Agent to execute the amendment. 25-PW-01 L&T Municipal Consultants Agreement
25-PW-01 L&T Municipal Consultants Amendment No. 1
Recommended Action: Adopt a resolution authorizing the City Administrator to execute all required AHSC Program documents and accept program funds for the Silver Peaks Project.
Silver_Peaks_City_Award_Resolution
Recommended Action: City Council consideration to conduct the Proposition 218 public hearing on the proposed water and sewer rates; receive and consider any written protests; and, if there is no majority protest, adopt the resolution establishing the new water and sewer rates effective July 1, 2026.
Prop 218 Hearing Presentation
Reso No. 2026-XX Adoption of Rates
Bishop Rate Study Report AMENDED FINAL 1.29.26
Recommended Action: City Council to provide direction to staff regarding:
1. Revising Title 13 of the Bishop Municipal Code to remove the "senior citizen" requirement and transition the program to a low-income, income-qualified assistance program;
2. Identifying which existing income qualified assistance programs shall be used to verify eligibility, to be established by resolution; and
3. Determining the structure and amount of the utility rate assistance benefit (currently 25% for qualifying low-income seniors).
Recommended Action: Staff recommends the City Council consider whether to create a two-member ad hoc committee, as requested by Mayor Pro Tem Freundt, to meet with the Bishop Area Chamber of Commerce and Visitor’s Center. If the Council approves the ad hoc committee, Council should also appoint who should serve on that committee.
Recommended Action: Provide staff direction on the striping of the Upper and 3 D. Consideration of Draft Amended and Restated Joint Powers Agreement for the Bishop Area Wastewater Authority
12. FUTURE AGENDA ITEMS
13. COUNCIL AND COMMITTEE REPORTS
14. ADJOURNMENT
Lower courts.
Bishop Pickleball Layout
Recommended Action: Provide direction and comments on the draft Amended and Restated BAWA Joint Powers Agreement for return to the ad-hoc committee.
Current BAWA JPA
Draft Amended and Restated BAWA JPA
Ad-Hoc Committee Meeting Minutes
Monday, March 9, 2026 at 6:00 p.m. Regular Meeting in the City Council Chambers 4 Bishop Area Chamber of Commerce & Information Center
Report to Bishop City Council for Monday February 23, 2026 Presented by: Tawni Thomson, Executive Director
Relocation Update: Remodeling work at 218 South Main Street is still underway.
Bishop Chamber Membership is Growing: New members include:
• Lion Hair Studio
• Danny’s Electric-Heating & Cooling
• Crowley Fish Foundation
• Eastern Sierra Farm Fresh
• FIXE Hardware
• Tecopa Hot Springs and
Campground
• Paradox Fitness
Bishop Trout Rodeo: 2/7 & 2/8 Catch & Release Tournament organized by Southwest Council Fly Fishing. This was the 5th year and it drew about 80 participants, many from Southern California.
Upcoming Projects & Events:
• 3/5-3/8 - Pacific Coast Sportfishing Show (Costa Mesa) • 3/7-3/8 - LA Travel & Adventure Show (Long Beach)
• 3/10-3/12 – Visit California Outlook Conference (Chula Vista) • 3/21 – Blake Jones Trout Derby
• 3/21-3/22 - Bay Area Travel & Adventure Show (Santa Clara) • 3/25 Lunch and Learn at Eastern Sierra Business Resource Center: Presentation of current marketing programs including responsible recreation messaging. • 4/9 – Networking mixer and open house at Blue Heron Farm • 4/11-4/12 - Denver Travel & Adventure Show
• 5/17-5/21: US Travel Association IPW Conference (Fort Lauderdale) California Hawking Club:
Annual Falconry Event will return to Bishop in January 2027.
Publications: Working now to update the following:
• Inyo County Treasure Map
• Inyo-Mono County Fishing Map
• Fall Colors Map Guide
• Bishop Visitor Guide Magazine
Lodging Metrics:
• January occupancy for Bishop hotels was 64.2% (18% higher than last year). • January ADR was $140 (same as last year).
5 DECEMBER 2025
BUDGET REPORT
1 6
TABLE OF CONTENTS
PAGES 3-4 GENERAL FUND REVENUE
PAGES 5-15 GENERAL FUND EXPENSES
PAGE 16 SEWER FUND REVENUE
PAGE 17 SEWER FUND EXPENSES
PAGE 18 GAS TAX FUND REVENUE
PAGE 19 GAS TAX FUND EXPENSES
PAGE 20 WATER FUND REVENUE
PAGE 21 WATER FUND EXPENSES
PAGE 22 MEASURE A FUND REVENUE
PAGE 23 MEASURE A FUND EXPENSES
PAGE 24 SUNRISE MHP REVENUE
PAGE 25 SUNRISE MHP EXPENSES
PAGE 26 STREETS & SIDEWALK IMP. REVENUE
PAGE 27 STREETS & SIDEWALK IMP. EXPENSES
PAGE 28 HEAVY EQUIPMENT REPLACEMENT FUND REVENUE
PAGE 29 PROPERTY/HOUSING DEVELOPMENT FUND REVENUE
PAGE 30 PROPERTY/HOUSING DEVELOPMENT FUND EXPENSES
PAGE 31 PLHA FUND REVENUE
PAGE 32 COPS FUND REVENUE
PAGE 33 COPS FUND EXPENSES
PAGE 34 E. LINE ST. BRIDGE REPLACEMENT FUND REVENUE
PAGE 35 E. LINE ST. BRIDGE REPLACEMENT FUND EXPENSES
PAGE 36 S. WARREN ST. IMPROVEMENT FUND REVENUE
PAGE 37 S. WARREN ST. IMPROVEMENT FUND EXPENSES
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DECEMBER 2025
COMBINED CASH REPORT
1 46
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DECEMBER 2025
INVESTMENT PORTFOLIO
REPORT
1 49
INVESTMENT ACCOUNTS
LAIF
STATEMENT PERIOD: DECEMBER 2025
ENDING BALANCE: $914,723.81
AVERAGE MONTHLY YIELD: 4.025%
CALIFORNIA CLASS
STATEMENT PERIOD: DECEMBER 2025
ENDING BALANCE: $20,651,972.94
AVERAGE MONTHLY YIELD: 3.877%
COMBINED CITY OF BISHOP INVESTMENTS
STATEMENT PERIOD: DECEMBER 2025
ENDING BALANCE: $21,566,696.75
AVERAGE MONTHLY YIELD: 3.883%
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56 8
57 9
DECEMBER 2025
WARRANT REGISTER REPORT
1 58
TO: CITY COUNCIL/CITY ADMINISTRATOR
FROM: FINANCE DIRECTOR
DATE: FEBRUARY 5, 2026
SUBJECT: APPROVAL OF WARRANT REGISTER FOR THE MONTH OF
DECEMBER 2025
COMMERCIAL WARRANTS
CHECK #14839-14945,14965-15030
AMOUNT ISSUED: $310,409.48
MANUAL CHECKS & PAYROLL WARRANTS
AMOUNT ISSUED: $661,227.20
TOTAL AMOUNT ISSUED: $971,636.68
2 59
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63 Agenda Item: 9.C
Date of Meeting: February 23, 2026
Department: Finance
To: City Council
From: Ethan Aukee
Subject: Approval of Amendment No. 1 to Contract No. 25-PW-01 with Lechowicz & Tseng Municipal Consultants for the 2025 Water and Sewer Rate Study, Increasing the Not-to-Exceed Amount
Prepared On: February 5, 2026
Attachments: 25-PW-01 L&T Municipal Consultants Agreement 25-PW-01 L&T Municipal Consultants Amendment No. 1
STAFF REPORT
Background/History:
The City is a party to a current agreement with Lechowicz & Tseng Municipal Consultants for the professional service of conducting a rate study for the City's water and sewer utilities. A budget adjustment is needed due to additional in-person meetings being required throughout the rate study process.
Analysis/Discussion:
The original not-to-exceed amount totaled $58,600.00. The proposed budget increase totals $4,296.00, and if approved, would result in an updated not-to-exceed amount of $62,896.00.
Impacts to Council Goals and Strategic Planning Priorities:
Not applicable.
Budget Impacts:
The total increased spending of $4,296.00 would be split evenly between the sewer and water funds. The budget adjustment to increase spending authority is as follows:
002-051-52015 $2,148.00
004-050-52015 $2,148.00
Legal Review:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
Recommended Action:
64 Approve Amendment No. 1 to Contract No. 25-PW-01 with Lechowicz & Tseng Municipal Consultants, increasing the City budget and not-to-exceed contract amount by $4,296.00, for a revised total not-to-exceed amount of $62,896.00, and authorize the Purchasing Agent to execute the amendment.
Approved By: Ethan Aukee 2/10/2026
Approved By: Robin Picken 2/10/2026
Approved By: Pam Foster 2/18/2026
Approved By:
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CITY OF BISHOP
377 West Line Street - Bishop, California 93514
P. O. Box 1236 - Bishop, California 93515
City Hall 760-873-5863 Public Works 760-873-8458
Fax 760-873-4873
February 5, 2026
25-PW-01 L&T Municipal Consultants
2025 Water & Sewer Rate Study
AMENDMENT #01
1. This is the first amendment to Contract No. 25-PW-01 between Lechowicz & Tseng Municipal Consultants and the City of Bishop executed May 1, 2025
2. The scope of work covered by this amendment is two additional in-person meetings and printing and mailing of the Prop 218 notices (see Attachment A)
3. The fee schedule covered by this amendment is included in Attachment A.
4. The not-to-exceed fee for the work covered by this amendment is $4,295.60 bringing the new total not-to-exceed amount for the contract to $62,896.00.
5. The term of the contract has been extended to March 31, 2026.
6. All other terms and conditions of the Contract remain unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be executed the day and year of the last signature below.
CONTRACTOR’S NAME
_____________________________________ ______________
Alison Lechowicz Date
CITY OF BISHOP
_____________________________________ ______________
Purchasing Agent Date
96 January 29, 2026
Nora Gamino, Public Works Director
City of Bishop
377 West Line Street
Bishop, CA 93514
Dear Nora,
Lechowicz & Tseng Municipal Consultants (L&T) has enjoyed working with you and the City of Bishop on the Water and Sewer Rate Study. L&T’s scope for the study included providing a financial plan, rate recommendations, draft and final report, attendance at two in-person meetings, and printing and mailing the Proposition 218 notice of public hearing. Based on our staff hours, travel expenses, and printing expenses, the budget for the rate study is nearly expended. We have provided more services than originally anticipated in our scope and budget. In the fall, City Council requested additional rate scenarios which we provided in a memorandum separate from other deliverables. L&T attended three in-person meetings on August 25, September 22, and December 8 – one more in-person meeting than was included in our project budget.
Through December 2025, budget remaining was $4,493.11. On January 8, we completed printing and mailing of the Proposition 218 notice at a cost of $2,288.88 (to be included in our upcoming January invoice). Accounting for printing costs, remaining budget through December is $2,204.23. Remaining tasks for the rate study are listed below. To complete this work, L&T requests a budget amendment of $4,295.77.
Remaining Tasks Budget Estimate
January 2026 staff time to coordinate printing and mailing of the Proposition 218 notice, prepare the customer outreach presentation, and amend the final rate study report
$1,500.00
February 4 – attend the customer outreach presentation in-person $2,500.00 February 23 – attend the Proposition 218 hearing in-person $2,500.00 Less remaining budget ($2,204.23)
Requested amendment $4,295.77
909 Marina Village Parkway #135
Alameda, CA 94501
(510) 545-3182
LTmuniconsultants.com
Amendment 1 - Attachment A
97 Regards,
LECHOWICZ & TSENG MUNICIPAL CONSULTANTS
Alison Lechowicz, Principal
909 Marina Village Parkway #135
Alameda, CA 94501
(510) 545-3182
[email protected]
98 Agenda Item: 9.D
Date of Meeting: February 23, 2026
Department: Planning
To: City Council
From: Ana Budnyk
Subject: Adoption of a Resolution Authorizing the City Administrator to Execute Affordable Housing and Sustainable Communities (AHSC) Program Documents for the Silver Peaks Project.
Prepared On: February 18, 2026
Attachments: Silver_Peaks_City_Award_Resolution
STAFF REPORT
Background/History:
The California Department of Housing and Community Development (HCD), in coordination with the Strategic Growth Council (SGC), awarded Affordable Housing and Sustainable Communities (AHSC) Program funding to support the Silver Peaks Project.
The City of Bishop is required to adopt a resolution authorizing execution of the AHSC Program documents in order to accept the award and participate in the program.
The AHSC Program provides funding for projects that reduce greenhouse gas emissions through integrated housing, transportation, and infrastructure investments.
The City of Bishop applied for AHSC funding for the Silver Peaks Project and received a conditional award letter dated December 10, 2025.
Analysis/Discussion:
As a condition of funding, HCD requires the City Council to adopt a resolution authorizing the City Administrator to:
Accept the AHSC Program award
Execute Standard Agreements (STD 213) and related documents Execute any amendments to the agreements
Carry out program-related activities
The resolution also acknowledges that the City will comply with all program requirements, including those set forth in the AHSC Program NOFA and application materials.
Approval of the resolution is required to move forward with the funding agreement and 99 implementation of the project.
Impacts to Council Goals and Strategic Planning Priorities:
Objective 2.1 - Increase the inventory of affordable housing by actively supporting housing projects with partners in the service area.
Budget Impacts:
The AHSC Program provides up to $26,462,682 in funding for the Silver Peaks Project, including a Grant Award for sustainable transportation improvements: $9,597,846.
Legal Review:
Recommended Action:
Adopt a resolution authorizing the City Administrator to execute all required AHSC Program documents and accept program funds for the Silver Peaks Project.
Approved By: Robin Picken 2/18/2026
Approved By: Pam Foster 2/18/2026
Approved By:
Approved By:
100
Public Entity – Sponsor/Grant Recipient
RESOLUTION OF THE GOVERNING BODY OF
THE CITY OF BISHOP
AFFORDABLE HOUSING & SUSTAINABLE COMMUNITIES PROGRAM
RESOLUTION NO.: _________________________
Silver Peaks
WHEREAS, the California Department of Housing and Community Development ("Department") and the Strategic Growth Council (“SGC”) have issued an Affordable Housing & Sustainable Communities Program (“AHSC”
or “AHSC Program”) Notice of Funding Availability, dated March 25, 2025 (“AHSC Program NOFA”); and
WHEREAS, THE CITY OF BISHOP, a municipal corporation (“Public Entity”), applied to the Department in response to the NOFA (the “Application”) and was determined to be an eligible Applicant; and based on the Application, the Department made an award of Program funds (the “Program Award”) pursuant to the conditional award letter, dated December 10th, 2025, and
WHEREAS, Department and SGC have made a conditional commitment of AHSC Program funds to assist Silver Peaks (the “Project”), and such commitment was made to awardees pursuant to that certain conditional award letter, dated December 10th, 2025 (the “Award Letter”) in the following amount(s):
AHSC Program Award Component Amount Awarded
AHSC Program Loan Award $16,864,836
AHSC Program Grant Award $9,597,846
Total: $26,462,682
WHEREAS, the AHSC Program Loan Award and AHSC Program Grant Award expressly identified above will hereinafter jointly be referred to as the “AHSC Program Award.” NOW, THEREFORE, IT IS RESOLVED, that the Public Entity is hereby authorized and directed to act in connection with the Program Award.
RESOLVED FURTHER: Public Entity is hereby authorized and directed to accept and incur an obligation for the Program Award. That in connection with the AHSC Program 101
Public Entity – Sponsor/Grant Recipient
Award, the Public Entity is authorized and directed to enter into, execute, and deliver one or more STD 213, Standard Agreements for a sum not to exceed the full amount of the AHSC Program Award, and any and all other documents required or deemed necessary or appropriate to secure the AHSC Program Award from the Department and to participate in the AHSC Program, and all amendments thereto (collectively, the “Program Award Documents”).
RESOLVED FURTHER: Public Entity acknowledges and agrees that it shall be subject to the terms and conditions specified in the STD 213, Standard Agreements, and that the Affordable Housing Sustainable Communities Program of 2024 NOFA and the Application will be incorporated by reference therein and made a part thereof. Public Entity also acknowledges and agrees that any and all activities, expenditures, information, and timelines represented and described in the Application are enforceable through the relevant STD 213, Standard Agreement(s). Public Entity also acknowledges and agrees that Program Award funds are to be expended only on the eligible uses and activities identified in the relevant STD 213, Standard Agreement(s).
RESOLVED FURTHER: That the City Administrator of the City of Bishop is hereby authorized to execute the Program Award Documents and all amendments on behalf of the Public Entity.
RESOLVED FURTHER, that this resolution shall take effect immediately upon its passage, and that any actions taken thus far in furtherance of the activities authorized by this resolution are hereby ratified.
CERTIFICATE OF THE CITY CLERK OF THE PUBLIC ENTITY
The undersigned, City Clerk of the Public Entity, does hereby attest and certify that the foregoing is a true, full, and correct copy of a resolution that was duly adopted by the Public Entity’s governing body on February 23rd, 2026, and that the resolution has not been altered, amended, modified, repealed, rescinded, or annulled.
PASSED, APPROVED, AND ADOPTED this __ day of February 2026 __________________________________
Stephen Muchovej, Mayor
ATTEST: ____________________
Robin Picken, City Clerk
102
Agenda Item: 10.A
Date of Meeting: February 23, 2026
Department: Public Works
To: City Council
From: Nora Gamino
Subject: Public Hearing and Adoption of Water and Sewer Rates (Proposition 218)
Prepared On: February 13, 2026
Attachments: Prop 218 Hearing Presentation
Reso No. 2026-XX Adoption of Rates
Bishop Rate Study Report AMENDED FINAL 1.29.26
STAFF REPORT
Background/History:
The City of Bishop provides water and sewer service to approximately 1,200 connections. The City’s Water and Sewer Funds are enterprise funds supported by rate revenues and do not receive tax revenues. The City last adopted comprehensive water and sewer rates in 2019 pursuant to Proposition 218.
In 2025, the City initiated a new water and sewer rate study to evaluate the cost of service, update rate structures, and establish a sustainable five-year rate plan. As part of this effort, the City Council adopted updated Water and Sewer Capital Improvement Plans on October 27, 2025, and staff reduced the near-term water capital program to moderate rate impacts while maintaining essential reinvestment in the system.
The City’s consultant completed the Water and Sewer Rate Study (Amended Final, January 29, 2026), which recommends new rate structures and five years of rates beginning July 1, 2026. On December 8, 2025, the City Council selected the preferred rate design options (Water Option B and Sewer Option A) and directed staff to proceed with the Proposition 218 process.
In accordance with Proposition 218, the City mailed notices of the proposed rate adjustments to all affected property owners and ratepayers on January 7, 2026. The notice set a public hearing for February 23, 2026, and also advertised an informational community meeting, which was held on February 4, 2026, to present the proposal and answer questions.
Analysis/Discussion:
Proposition 218 requires that water and sewer rates be adopted following a noticed public hearing and that the proposed rates be subject to majority protest. At the hearing, any written 103
protests submitted by affected property owners or ratepayers must be received and tabulated.
If written protests are submitted by a majority of affected parcels, the City may not adopt the proposed rates. If a majority protest is not received, the City Council may proceed with adoption.
The proposed rates are based on the City’s updated cost of service analysis and five-year capital and operating funding needs, as documented in the amended final rate study. The new rate structures simplify and modernize customer classifications and are designed to recover only the proportional cost of providing service, consistent with Proposition 218 requirements.
The proposed rate schedule would take effect July 1, 2026, with annual adjustments through July 1, 2030. Adoption of the rates will provide stable funding for operations, maintenance, reserves, and planned capital improvements, including near-term water system improvements and ongoing sewer system rehabilitation and planning for the future regional treatment facility.
Impacts to Council Goals and Strategic Planning Priorities:
This action directly supports Strategic Plan Mission 3 Sustainable Infrastructure, which specifically calls for completing a water and sewer rate study.
Budget Impacts:
Adoption of the proposed rates will affect future Water and Sewer Fund revenues beginning July 1, 2026. These revenues are reflected in the City’s financial planning and are necessary to fund ongoing operations, capital improvements, and reserve requirements.
Legal Review:
The City Attorney has reviewed this item and the proposed resolution and finds that the recommended action complies with Proposition 218 and applicable law.
Recommended Action:
City Council consideration to conduct the Proposition 218 public hearing on the proposed water and sewer rates; receive and consider any written protests; and, if there is no majority protest, adopt the resolution establishing the new water and sewer rates effective July 1, 2026.
Approved By: Robin Picken 2/17/2026
Approved By: Pam Foster 2/18/2026
Approved By:
Approved By:
104
Water and Sewer Rate Study
Proposition 218 Hearing
February 23, 2026
Sophia Mills
Financial Analyst
CITY OF BISHOP
105
The last rate study was conducted in 2018. At that time, the water rate of $37/month was reduced to $30.90/month. It was gradually increased to the current rate of $33/month.
Customers are billed fixed monthly water and sewer rates based on industry standard estimates of water usage and sewer flows by parcel. The rate study was conducted according to the legal requirements of Proposition 218. Proposed rates are proportional to the service received by each parcel based on the best available data. Rate increases are needed to fund operating and maintenance expenses, debt service payments, and infrastructure improvements, and to maintain emergency reserves.
Rate Study Background
2 106
August 25, 2025 - City Council received an introductory presentation with 3 preliminary water and sewer rate options and provided feedback September 22, 2025 - City Council received an updated presentation The project team further refined capital project cost and financing options based on direction from the Council
December 8, 2025 - City Council received a final presentation of 3 water and sewer rate options and selected a preferred rate plan January 7, 2026 - notices of public hearing explaining the proposed rate plan were mailed to customers and property owners
February 4, 2026 - conducted a community outreach meeting February 23, 2026 - Proposition 218 hearing to consider rate adoption Rate Study Timeline
3 107
WATER FUND
108
Water Funding Needs
The Water Fund is barely breaking even on operating costs such as staffing, electricity to pump water, regulatory compliance, engineering, and customer service.
There are no rate revenues available under the current rates for infrastructure improvements. The City has identified about $2.3 million in projects that must be funded from rates and new loans.
To reduce rate impacts, the General Fund is loaning the Water Fund $1.5 million for the West Line pipeline.
The City is also pursuing grants for an additional $9.1M of projects that are regulatory driven and good candidates for funding.
By pursuing (and hopefully securing grants), the City is reducing cost for the ratepayers.
5 109
Proposed Residential Water Rates
6 Category
CURRENT
MONTHLY
BILL
Category
PROPOSED MONTHLY WATER BILL
Jul 1,
2026
Jul 1,
2027
Jul 1,
2028
Jul 1,
2029
Jul 1,
2030
+38% +20% +15% +9% +9%
Single Family $33.00 Single Family $45.48 $54.57 $62.76 $68.41 $74.56 Varies +20% +15% +9% +9%
MF Detached $24.75 Multiple Family
(detached and
attached are
combined)
$33.79 $40.54 $46.62 $50.82 $55.39
MF Attached $23.10
MF – Multiple Family; Rates are billed per dwelling unit 110
Water Bill Survey
7 111
Commercial Water Rates
8 Current Category Billing Unit Current Rate
General Commercial Toilet $31.35
Beauty or Barber Shop Each $33.00
Church Each $33.00
General Commercial Toilet $31.35
Hall Each $33.00
Restaurant Seat $3.30
Restaurant
(over 100 seats) Seat $1.65
Restaurant Banquet
Room Each $33.00
Restaurant Outside Seat $1.65
General Commercial
(mortuary) Toilet $31.35
Proposed Category Proposed Rate
($/1,000 sq ft)
Category A: Bank, gym,
industrial, office, retail,
storage, warehouse
$15.59
Category B: Auto shop,
beauty salon, bowling alley,
church, coffee shop, frozen
yogurt shop, general
commercial, grocery store,
medical office or veterinarian,
meeting hall, mixed use,
theater
$22.74
Category C: Fast food,
mortuary, restaurant $28.59
First year rate adjustment shown above. In
future years, commercial rates will
increase by the same % as residential rates112
Commercial Rates Continued
9 Category Billing Unit
(same as current) Current Rate Proposed July 1, 2026 Rate % Change Brewery 1KBl/Yr $6.60 $6.50 -2%
Car Wash Stall $99.00 $93.56 -5%
Fair Grounds Each $165.00 $236.50 43%
Gas Station Island $13.20 $16.89 28%
Hospital Bed $11.55 $11.69 1%
Hotel Room Each $8.25 $11.69 42%
Irrigation Acre $9.90 $220.90 2131%
Laundromat Washer $23.10 $18.19 -21%
School Student $1.32 $1.30 -2%
Trailer Dump Facility Each $66.00 $62.37 -6%
These customer categories are proposed to remain the same. First year rate adjustment shown below. In future years, commercial rates will increase by the same % as residential rates
113
SEWER FUND
114
Sewer Funding Needs
The Sewer Fund is healthier than the Water Fund and is adequately covering operating costs
The City plans to fund:
Collection system improvements ($1.22 million)
Lift station improvements ($200,000)
Equipment ($256,000)
Planning and design of the new wastewater treatment plant that is not covered by state funding ($1 million)
Build up an additional $1 million reserve for the Bishop Area Wastewater Authority treatment plant
11 115
Residential Sewer Rates
12 Category
CURRENT
MONTHLY
BILL
Category
PROPOSED MONTHLY SEWER BILL
Jul 1,
2026
Jul 1,
2027
Jul 1,
2028
Jul 1,
2029
Jul 1,
2030
+8% +10% +9% +9% +9%
Single Family $42.00 Single Family $45.17 $49.69 $54.16 $59.04 $64.35 Varies +10% +9% +9% +9%
MF Detached $31.50 Multiple Family
(detached and
attached are
combined)
$32.97 $36.27 $39.54 $43.10 $46.98
MF Attached $29.40
MF – Multiple Family; Rates are billed per dwelling unit 116
Sewer Bill Survey
13 117
Commercial Sewer Rates
14 Current Category Billing Unit Current Rate
General Commercial Toilet $39.90
Beauty or Barber Shop Each $42.00
Church Each $42.00
General Commercial Toilet $39.90
Hall Each $42.00
Restaurant Seat $4.20
Restaurant
(over 100 seats) Seat $2.10
Restaurant Banquet
Room Each $42.00
Restaurant Outside Seat $2.10
General Commercial
(mortuary) Toilet $39.90
Proposed Category Proposed Rate
($/1,000 sq ft)
Category A: Bank, gym,
industrial, office, retail,
storage, warehouse
$14.91
Category B: Auto shop,
beauty salon, bowling alley,
church, coffee shop, frozen
yogurt shop, general
commercial, grocery store,
medical office or veterinarian,
meeting hall, mixed use,
theater
$30.26
Category C: Fast food,
mortuary, restaurant $65.04
First year rate adjustment shown above. In
future years, commercial rates will
increase by the same % as residential rates
118
Commercial Rates Continued
15 Category
Billing Unit
(same as current) Current Rate
Proposed July 1,
2026 Rate % Change
Brewery 1KBl/Yr $8.40 $9.94 18%
Car Wash Stall $126.00 $134.15 6%
Fair Grounds Each $294.00 $341.94 16%
Gas Station Island $16.80 $24.39 45%
Hospital Bed $14.70 $17.16 17%
Hotel Room Each $10.30 $17.16 67%
Laundromat Washer $29.40 $34.78 18%
School Student $1.68 $1.81 8%
Trailer Dump Facility Each $84.00 $90.34 8%
These customer categories are proposed to remain the same. First year rate adjustment shown below. In future years, commercial rates will increase by the same % as residential rates
119
Single Family Combined Bill
16 PROPOSED MONTHLY BILL
Current Jul 1,
2026
Jul 1,
2026
Jul 1,
2027
Jul 1,
2028
Jul 1,
2029
Water Bill $33.00 $45.48 $54.57 $62.76 $68.41 $74.56
Sewer Bill $42.00 $45.17 $49.69 $54.16 $59.04 $64.35
Combined Bill $75.00 $90.65 $104.26 $116.92 $127.45 $138.91 % Change 20.9% 15.0% 12.1% 9.0% 9.0%
120
Single Family Combined Bill Survey
17 121
Proposition 218 Procedures
18 The City Council will now open the Proposition 218 hearing Procedures:
Listen to public comments
Collect any additional written protests
Close the public hearing
Tally the protests. Customers and property owners have the right to submit written protests. Only one protest per parcel will be counted.
If fewer than 831 protests are received, City Council can consider adopting the rates which would go into effect on July 1, 2026
Each year, the City will review its financial standing and potentially increase rates up to the amount shown on the public notices
122
Thank You
19 123
City of Bishop Resolution No. 2026-XX Page 1 of 6
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BISHOP,
CALIFORNIA, SETTING THE WATER AND SEWER RATES TO BE
CHARGED AND COLLECTED AS ALLOWED BY THE COMPLETED
PROPOSITION 218 PROCESS
WHEREAS, the City of Bishop (the “City”) provides municipal water and sewer services to residential and commercial properties within the City; and WHEREAS, the City has completed a comprehensive Water and Sewer Rate Study (Amended Final, January 29, 2026) evaluating the cost of providing water and sewer services and recommending updated rate structures and rates; and WHEREAS, Article XIII D of the California Constitution (“Proposition 218”) requires that property-related fees and charges, including water and sewer rates, be adopted following notice and a public hearing and be subject to majority protest; and WHEREAS, the City mailed notices of the proposed water and sewer rate adjustments to all affected property owners and ratepayers on January 7, 2026, which notices described the proposed rates, the reasons and basis for the rates, and other information required by Proposition 218; and
WHEREAS, the City Council held a duly noticed public hearing on February 23, 2026, at which time the City Council considered the proposed water and sewer rates for the period commencing July 1, 2026, as set forth in Exhibit A attached hereto and incorporated herein by this reference; and
WHEREAS, the City also held an informational public meeting on February 4, 2026, to present the proposed rates and answer questions from the public; and WHEREAS, after conducting the public hearing and considering all evidence and testimony presented, the City Council now desires to approve the proposed water and sewer rates as described in Exhibit A, effective July 1, 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BISHOP, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated fully herein.
SECTION 2. Pursuant to the decision of the City Council following the Proposition 218 hearing, the water and sewer rates for the period July 1, 2026 through July 1, 2030 shall reflect the maximum rates in each year, as set forth in Exhibit A 124
City of Bishop Resolution No. 2026-XX Page 2 of 6
attached to this Resolution, but the rate in any given year may be less than the maximum rates proposed in Exhibit A.
SECTION 3. The City Council hereby finds that, in proposing these rates, the City has met each of the relevant procedural requirements of Article XIII D of the California Constitution (Proposition 218) by providing notice and a public protest hearing opportunity on February 23, 2026. In addition, the City Council finds that the rate revisions in Exhibit A meet Proposition 218’s substantive requirements, including the following:
1. Fee for Service Provided Only: Revenues derived from the water and sewer rates shall not exceed the funds required to provide water and sewer service. The adopted rates are based upon the cost of providing water and sewer service, including, but not limited to, operation, maintenance, administration, capital improvements, and reserves, as documented in the City’s Water and Sewer Rate Study (Amended Final, January 29, 2026).
2. Fee not to Exceed Cost of Service: Revenues derived from the fees may not exceed the funds required to provide water and sewer service.
Water and sewer rates go directly to water and sewer utility operations and are not a revenue source for the City’s General Fund or any nonutility City programs; water and sewer rate revenues are not (and cannot be) utilized for general governmental services. The City’s costs for water and sewer service are established through its enterprise fund budgets and financial planning, as reflected in the City’s Water and Sewer Rate Study (Amended Final, January 29, 2026), which evaluates the full cost of providing these services. Furthermore, the City’s recent water and sewer rate study concluded that the City’s rates are comparable with water and sewer rates in surrounding communities in Inyo and Mono Counties.
3. Fee not to Exceed Proportional Cost: The amount of the fee may not exceed the proportional cost of the water and sewer service attributable to the parcel. The City’s rate study concluded that the proposed water and sewer rates are reasonably proportional and cost-based, and meet the general requirements of fairness and equity under Proposition 218.
The adopted rates establish a schedule of adjustments beginning July 1, 2026, with annual adjustments through July 1, 2030, as set forth in Exhibit A.
4. Other Findings. Proposition 218 also requires that the fee or charge may not be imposed for a service unless (i) the service is actually used by, or immediately available to, the property, and (ii) the fee or charge is not imposed for general governmental services. Both of these findings are 125
City of Bishop Resolution No. 2026-XX Page 3 of 6
met. The water and sewer rates are imposed solely for the provision of water and sewer utility services, are used to make such services available throughout the City, and are not otherwise allocated to general governmental services.
SECTION 4. The City Council has fully considered this matter and has:
1. Reviewed the information submitted herewith regarding the proposed water and sewer rate adjustment for all accounts, the parcels to which the proposed fee adjustment would apply, and the reasons and basis for the adjustment and the fees;
2. Provided notice of the proposed fee adjustment to the record owners (or occupants responsible for payment of the fee) of all parcels to which the proposed fee adjustment would apply in accordance with Article XIIID of the California Constitution;
3. Heard and received all written protests from any owners (or renters/occupants) of real property subject to the fee;
4. Taken and received oral and documentary evidence pertaining to the proposed fee adjustment; and
5. Been fully informed of this matter.
SECTION 5. The City Council finds that insufficient written protests were presented to prevent the proposed water and sewer rates from being imposed.
SECTION 6. The City Council further finds that, based on the facts, circumstances, and information received during the public hearing, the changes in water and sewer rates set forth in Exhibit A are necessary and are hereby adopted, contingent upon there being no majority protest from a majority of all property owners or ratepayers entitled to protest. Said water and sewer rates shall take effect on July 1, 2026 PASSED, APPROVED AND ADOPTED this __ day of January 2026. __________________________________
Stephen Muchovej, Mayor
ATTEST: ____________________
Robin Picken, City Clerk
126
City of Bishop Resolution No. 2026-XX Page 4 of 6
EXHIBIT A
Table 1: Current and New Monthly Residential Water Rates Current Monthly Rates New Monthly Rates
Class July 1,
2025 Class July 1, 2026
July 1,
2027
July 1,
2028
July 1,
2029
July 1,
2030
Single Family $33.00 Single Family $45.48 $54.57 $62.76 $68.41 $74.56 Multiple Family (detached) $24.75 Multiple Family
(detached and attached
are combined)
$33.79 $40.54 $46.62 $50.82 $55.39 Multiple Family (attached) $23.10 Rates are billed per dwelling unit
Table 2: Current and New Monthly Residential Sewer Rates Current Monthly Rates New Monthly Rates
Class July 1,
2025 Class July 1, 2026
July 1,
2027
July 1,
2028
July 1,
2029
July 1,
2030
Single Family $42.00 Single Family $45.17 $49.69 $54.16 $59.04 $64.35 Multiple Family (detached) $31.50 Multiple Family
(detached and attached
are combined)
$32.97 $36.27 $39.54 $43.10 $46.98 Multiple Family (attached) $29.40 Rates are billed per dwelling unit
127
City of Bishop Resolution No. 2026-XX Page 5 of 6
Table 3: Current and New Monthly Commercial Water Rates Current Monthly Rates New Monthly Rates
Class Billing
Unit July 1, 2025 Class Billing Unit July 1, 2026
July 1,
2027
July 1,
2028
July 1,
2029
July 1,
2030
General Commercial Toilet $31.35
Category A: Bank, gym,
industrial, office, retail, storage,
warehouse
Per 1,000
square feet $15.59 $18.71 $21.52 $23.45 $25.56
Beauty or Barber Shop Each $33.00 Category B [1]: Auto shop, beauty salon, bowling alley,
church, coffee shop, frozen
yogurt shop, general
commercial, grocery store,
medical office or veterinarian,
meeting hall, mixed use, theater
Per 1,000
square feet Church Each $33.00 $22.74 $27.29 $31.38 $34.21 $37.28 Hall Each $33.00
Restaurant Seat $3.30
Category C: Fast food,
mortuary, restaurant
Per 1,000
square feet $28.59 $34.30 $39.45 $43.00 $46.87
Restaurant
(over 100 seats) Seat $1.65
Restaurant Banquet
Room Each $33.00
Restaurant Outside Seat $1.65
General Commercial
(mortuary) Toilet $31.35
Brewery 1KBl/Yr $6.60 Same as billing method as current $6.50 $7.80 $8.97 $9.77 $10.65 Car Wash Stall $99.00 Same as billing method as current $93.56 $112.26 $129.11 $140.73 $153.38 Fair Grounds Each $165.00 Same as billing method as current $236.50 $283.76 $326.35 $355.73 $387.71 Gas Station Island $13.20 Same as billing method as current $16.89 $20.27 $23.31 $25.41 $27.69 Hospital Bed $11.55 Same as billing method as current $11.69 $14.03 $16.14 $17.59 $19.17 Hotel Room Each $8.25 Same as billing method as current $11.69 $14.03 $16.14 $17.59 $19.17 Irrigation [2] Acre $9.90 Same as billing method as current $220.90 $265.05 $304.83 $332.28 $362.15 Laundromat Washer $23.10 Same as billing method as current $18.19 $21.83 $25.10 $27.36 $29.82 School Student $1.32 Same as billing method as current $1.30 $1.56 $1.79 $1.95 $2.13 Trailer Dump Facility Each $66.00 Same as billing method as current $62.37 $74.84 $86.07 $93.82 $102.25 Closed Business Each $33.00 Billed at 80% of applicable rates listed above [3]
Special Circumstance Per
gallon New $0.13 $0.16 $0.18 $0.20 $0.21
1KBL/Yr – thousand barrels per year
1 - Cafes, coffee shops, frozen yogurt shops, and gas stations that serve prepackaged food, are not required to have grease traps, and do not cook fresh food onsite are included in Category B.
2 - The irrigation rate will be applied to non-single family residential parcels greater than 1 acre. The irrigation rate will be charged to landscaped or irrigated areas only. Non-irrigated areas of the parcel such as buildings, parking lots, walkways, or gravel areas are exempt from paying irrigation charges. 3 - Closed businesses with intact water lines will be billed 80% of the applicable rate the business would have been billed as an active business. 128
City of Bishop Resolution No. 2026-XX Page 6 of 6
Table 4: Current and New Monthly Commercial Sewer Rates Current Monthly Rates New Monthly Rates
Class Billing
Unit Rate Class Billing Unit
Jul 1,
2026
Jul 1,
2027
Jul 1,
2028
Jul 1,
2029
Jul 1,
2030
General Commercial Toilet $39.90
Category A: Bank, gym,
industrial, office, retail, storage,
warehouse
Per 1,000
square
feet
$14.91 $16.40 $17.87 $19.48 $21.24
Beauty or Barber
Shop Each $42.00 Category B [1]: Auto shop,
beauty salon, bowling alley,
church, coffee shop, frozen yogurt
shop, general commercial,
grocery store, medical office or
veterinarian, meeting hall, mixed
use, theater
Per 1,000
square
feet
Church Each $42.00 $30.26 $33.29 $36.29 $39.56 $43.11
Hall Each $42.00
Restaurant Seat $4.20
Category C: Fast food, mortuary,
restaurant
Per 1,000
square
feet
$65.04 $71.55 $77.99 $85.02 $92.66
Restaurant
(over 100 seats) Seat $2.10
Restaurant Banquet
Room Each $42.00
Restaurant Outside Seat $2.10
General Commercial
(mortuary) Toilet $39.90
Brewery 1KBl/Yr $8.40 Same as billing method as current $9.94 $10.93 $11.92 $12.99 $14.16 Car Wash Stall $126.00 Same as billing method as current $134.15 $147.58 $160.86 $175.35 $191.12 Fair Grounds Each $294.00 Same as billing method as current $341.94 $376.15 $409.99 $446.93 $487.13 Gas Station Island $16.80 Same as billing method as current $24.39 $26.83 $29.25 $31.88 $34.75 Hospital Bed $14.70 Same as billing method as current $17.16 $18.88 $20.58 $22.44 $24.45 Hotel Room Each $10.30 Same as billing method as current $17.16 $18.88 $20.58 $22.44 $24.45 Laundromat Washer $29.40 Same as billing method as current $34.78 $38.26 $41.70 $45.46 $49.55 School Student $1.68 Same as billing method as current $1.81 $1.99 $2.17 $2.36 $2.57 Trailer Dump Facility Each $84.00 Same as billing method as current $90.34 $99.38 $108.32 $118.08 $128.70 Closed Business Each $42.00 Billed at 80% of applicable rates listed above [2]
Special Circumstance Per
gallon New $0.24 $0.27 $0.29 $0.32 $0.35
1KBL/Yr - thousand barrels per year
1 - Cafes, coffee shops, frozen yogurt shops, and gas stations that serve prepackaged food, are not required to have grease traps, and do not cook fresh food onsite are included in Category B.
2 - Closed businesses with intact water lines will be billed 80% of the applicable rate the business would have been billed as an active business. 129
Water and Sewer Rate Study
City of Bishop
Amended Final Report
January 29, 2026
909 Marina Village Parkway #135 Alameda, CA 94501 (510) 545-3182 www.LTmuniconsultants.com 130
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TABLE OF CONTENTS
SECTION 1: INTRODUCTION AND EXECUTIVE SUMMARY ................................................................ 1
1.1 Background ....................................................................................................................... 1
1.2 Requirements of Proposition 218 ..................................................................................... 2
1.3 Rate Study Process ............................................................................................................ 3
1.4 Proposed Rates ................................................................................................................. 3 SECTION 2: CUSTOMER BASE AND CURRENT RATE REVENUES ..................................................... 10 SECTION 3: WATER COST OF SERVICE ........................................................................................... 12
3.1 Water System Overview .................................................................................................. 12
3.2 Revenues ......................................................................................................................... 12
3.3 Expenses .......................................................................................................................... 12
3.4 Reserves .......................................................................................................................... 17
3.5 Cash Flow Projection ....................................................................................................... 17 SECTION 4: WATER COST ALLOCATION & RATE DESIGN ................................................................ 21
4.1 Proposed Water Rate Structure ...................................................................................... 21
4.2 Assignment of Water EDUs and Proposed Rate per EDU ............................................... 24
4.3 Proposed Residential Water Rates ................................................................................. 25
4.4 Proposed Commercial Water Rates ................................................................................ 28 SECTION 5: SEWER COST OF SERVICE ............................................................................................ 31
5.1 Sewer System Overview .................................................................................................. 31
5.2 Revenues ......................................................................................................................... 31
5.3 Expenses .......................................................................................................................... 31
5.4 Cash Flow Projection ....................................................................................................... 36 SECTION 6: SEWER COST ALLOCATION .......................................................................................... 39
6.1 Methodology ................................................................................................................... 39
6.2 Proposed Cost Allocation ................................................................................................ 39 SECTION 7: SEWER RATE DESIGN .................................................................................................. 41
7.1 Assignment of Sewer EDUs and Proposed Rate per EDU ............................................... 41
7.2 Proposed 5-Year Schedules of Sewer Rates .................................................................... 43
7.3 Combined Bill Impacts .................................................................................................... 48 APPENDIX A – City of Bishop Municipal Code Regrading Low Income Senior Discounts 132
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LIST OF TABLES
Table 1: Current and Proposed Monthly Residential Water Rates ............................................................... 4 Table 2: Current and Proposed Monthly Residential Sewer Rates ............................................................... 4 Table 3: Comparable Agency Service Connections ....................................................................................... 6 Table 4: Current and Proposed Monthly Commercial Water Rates ............................................................. 8 Table 5: Current and Proposed Monthly Commercial Sewer Rates ............................................................. 9 Table 6: Current Rates, Customer Counts, and Rate Revenue ................................................................... 11 Table 7: Water Operating Expense Projection ............................................................................................ 13 Table 8: Water Capital Improvement Costs (Detailed) ............................................................................... 14 Table 9: Summary of Water Capital Improvements ................................................................................... 15 Table 10: Proposed Water CIP Funding ...................................................................................................... 16 Table 11: Water Cash Flow Projection ........................................................................................................ 19 Table 12: Proposed Residential Water Rate Classes ................................................................................... 21 Table 13: Proposed Commercial Classes .................................................................................................... 23 Table 14: Proposed Water EDU Allocation ................................................................................................. 24 Table 15: Water Rate per EDU .................................................................................................................... 25 Table 16: Proposed Residential Monthly Water Rates ($/dwelling unit) ................................................... 25 Table 17: Current and Proposed Monthly Commercial Water Rates ......................................................... 29 Table 18: Commercial Water Bill Impacts ................................................................................................... 30 Table 19: Example Category A, B, and C Commercial Water Bill Impacts .................................................. 30 Table 20: Sewer Operating Cost Projection ................................................................................................ 32 Table 21: Sewer System Capital Improvement Costs (Detailed) ................................................................ 33 Table 22: Summary of Sewer Capital Improvements ................................................................................. 34 Table 23: Proposed Sewer CIP Funding ...................................................................................................... 35 Table 24: Sewer Cash Flow Projection ........................................................................................................ 37 Table 25: Sewer Cost Allocation ................................................................................................................. 40 Table 26: Sewer EDU Calculation ................................................................................................................ 41 Table 27: Proposed Sewer EDU Allocation ................................................................................................. 42 Table 28: Sewer Rate per EDU .................................................................................................................... 43 Table 29: Proposed Residential Monthly Sewer Rates ($/dwelling unit) ................................................... 44 Table 30: Current and Proposed Monthly Commercial Sewer Rates ......................................................... 46 Table 31: Commercial Sewer Bill Impacts ................................................................................................... 47 Table 32: Example Category A, B, and C Commercial Sewer Bill Impacts .................................................. 47 Table 33: Combined Single Family Residential Bill Impacts ........................................................................ 48 Table 34: Example Combined Commercial Bill Impacts .............................................................................. 49 133
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SECTION 1: INTRODUCTION AND EXECUTIVE SUMMARY
1.1 Background
The City of Bishop (City) is located in Inyo County at the northern end of the Owens Valley along the Highway 395 corridor in the Eastern Sierras. Bishop was founded in 1903 and is the only incorporated city in the county. There are about 3,800 people who reside in the City permanently, but the City’s economy is largely tourism based and the City hosts many temporary visitors each year. The City provides water and sewer service to about 1,200 connections. Water supply is provided via two production wells. A third well remains on standby. Sewer collection, treatment, and disposal is managed through the Bishop Area Wastewater Authority (BAWA), a joint powers authority formed in 2020 by the City of Bishop and the Eastern Sierra Community Services District (ESCSD). BAWA also provides sewer treatment for the Bishop Paiute Tribe (Tribe) via contract with ESCSD.
The City is largely unmetered and customers are billed flat (fixed) charges for water and sewer service.
City staff conducted a rate study in 2018 that lowered the single family residential water rate from $37.00 to $30.90 per month. The water rate was incrementally increased to $33.00 by July 2023, which was the most recent rate increase. The current single family residential sewer rate is $42.00 per month.
Current rate revenues are no longer sufficient to fund the water and sewer cost of service. Increases are needed to keep up with inflationary cost increases, fund new staff members, and finance needed capital improvements. The water utility has an extensive list of deferred maintenance needs that must be addressed. In addition, the City plans to install water meters for all customers and transition to metered billing by fiscal year 2031/32. Sewer rate increases are needed to fund planning, design, and contingency costs for the construction of BAWA’s future joint treatment plant. Currently, the City’s treatment plant is adjacent to that of ESCSD and the two are operated independently. However, one of BAWA’s priorities is to construct a joint treatment plant that serves both agencies as well as the Bishop Paiute Tribe.
Construction is anticipated to begin within the next 5 to 7 years.
As described above, one goal of this rate study is to determine a rate plan to cover the City's cost of service for the next five years. A second goal of this rate study is to simplify and modernize the water and sewer rate structure to better align with industry standard practices and to recover costs in a manner that is more proportional to how customers use the utilities. The proposed rate structure reduces the number of multiple family residential and commercial customer classes. Attached and detached multiple family residential are proposed to be merged into a single multiple family residential class. Eight commercial classes are proposed to be reduced to three classes consisting of low intensity, medium intensity, and high intensity uses.
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1.2 Requirements of Proposition 218
The implementation of public agency utility rates in California is governed by the substantive and procedural requirements of Proposition 218 the “Right to Vote on Taxes Act” which is codified as Articles XIIIC and XIIID of the California Constitution. The City must follow the procedural requirements of Proposition 218 for all utility rate increases. These requirements include:
1. Noticing Requirement – The City must mail a notice of the proposed rate increases to all affected property owners or ratepayers. The notice must specify the amount of the fees, the basis upon which they were calculated, the reason for the fees, and the date/time/location of a public rate hearing at which the proposed rates will be considered/adopted.
2. Public Hearing – The City must hold a public hearing prior to adopting the proposed rate increases. The public hearing must be held not less than 45 days after the required notices are mailed.
3. Rate Increases Subject to Majority Protest – At the public hearing, the proposed rate increases are subject to majority protest. If more than 50% of affected property owners or ratepayers submit written protests against the proposed rate increases, the increases cannot be adopted.
Proposition 218 also established substantive requirements that apply to water and sewer rates and charges, including:
1. Cost of Service – Revenues derived from the fee or charge cannot exceed the funds required to provide the service. In essence, fees cannot exceed the “cost of service”.
2. Intended Purpose – Revenues derived from the fee or charge can only be used for the purpose for which the fee was imposed.
3. Proportional Cost Recovery – The amount of the fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of service attributable to that parcel.
4. Availability of Service – No fee or charge may be imposed for a service unless that service is used by, or immediately available to, the owner of the property.
5. General Government Services – No fee or charge may be imposed for general governmental services where the service is available to the public at large.
Charges for water and sewer service are exempt from additional voting requirements of Proposition 218, provided the charges do not exceed the cost of providing service and are adopted pursuant to the procedural requirements of Proposition 218.
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1.3 Rate Study Process
The following is a brief description of the rate study process:
Revenue Requirement – Revenue requirements are analyzed via a cash flow projection based on the best information currently available such as historical operating results, budgets, audits, and input from City staff. The cash flow serves as a roadmap for funding future operating costs and capital expenditures while maintaining long-term fiscal stability, all of which is calculated in this study to produce rates that will be necessary to recover only the actual cost of the water and sewer service per parcel under these proposed rates. Cost of Service Allocation - The cost of service process builds on the revenue requirement analysis and assigns water costs based on estimated usage. Sewer costs are allocated based on estimated sewage flow and pollutant strength.
Rate Design - Rate design involves developing a rate structure that fairly recovers costs from customers but does not exceed the proportional cost of the service attributable to each parcel.
Final rate recommendations are designed to fund the City’s short- and long-term costs of providing service and fairly allocate costs to all customers.
The rates developed in this report are based on the best available information gathered from City budgets, audits, and input from staff. The proposed rates are based on the reasonable cost of providing service and do not exceed the proportional cost of the service attributable to each parcel.
1.4 Proposed Rates
Current and proposed residential water and sewer rates are provided in Table 1 and Table 2, respectively. Attached and detached multiple family customer classes are proposed to be merged into a single multiple family class. The City currently provides a 25% discount to low-income senior customers (see Appendix A) that is funded via General Fund revenues. It is proposed that the City continue to provide a low-income senior discount. If adopted by City Council, rate adjustments are proposed to take effect each July 1 beginning 2026 to 2030.
Figure 1 provides a survey comparing the City’s current and proposed single family residential water bill with other local agencies. Figure 2 provides a similar survey for sewer bills and Figure 3 provides a survey comparing combined water and sewer bills with other agencies. It should be noted that the agencies listed vary in size, complexity, and treatment standards. It is also likely that many of these agencies will implement water and sewer rate increases over the next five years. Rates for the Bishop Paiute Tribe were not included in the survey charts. Rates vary across the Tribe’s service area based on tribal membership and location such as on or off the reservation. Additionally, the Tribe’s rates are subsidized and do not reflect the full cost of providing service. Thus, tribal rates are difficult to compare to the City’s rates.
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Table 1: Current and Proposed Monthly Residential Water Rates Current Proposed
Class Class Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030 Single Family $33.00 Single Family $45.48 $54.57 $62.76 $68.41 $74.56 Senior Single Family (low income) $24.75 Senior Single Family (low income) $33.79 $40.54 $46.62 $50.82 $55.39 Multiple Family (detached) $24.75 Multiple Family (detached and attached are combined)
$33.79 $40.54 $46.62 $50.82 $55.39 Multiple Family (attached) $23.10 Senior Multiple Family (detached) (low income) $18.57 Senior Multiple Family (detached and attached are combined) (low income)
$24.69 $29.62 $34.07 $37.14 $40.48 Senior Multiple Family (attached) (low income) $17.33 Rates are billed per dwelling unit
Table 2: Current and Proposed Monthly Residential Sewer Rates Current Proposed
Class Class Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030 Single Family $42.00 Single Family $45.17 $49.69 $54.16 $59.04 $64.35 Senior Single Family (low income) $31.50 Senior Single Family (low income) $32.97 $36.27 $39.54 $43.10 $46.98 Multiple Family (detached) $31.50 Multiple Family (detached and attached are combined)
$32.97 $36.27 $39.54 $43.10 $46.98 Multiple Family (attached) $29.40 Senior Multiple Family (detached) (low income) $23.62 Senior Multiple Family (detached and attached are combined) (low income)
$24.39 $26.83 $29.25 $31.88 $34.75 Senior Multiple Family (attached) (low income) $22.05 Rates are billed per dwelling unit
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Figure 1: Monthly Water Bill Survey
Figure 2: Monthly Sewer Bill Survey
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Figure 3: Combined Monthly Water & Sewer Bill Survey
Table 3: Comparable Agency Service Connections
Agency # of connections
Brookside Estates Mutual Water Company 21
Wheeler Crest CSD 43
Starlite CSD 73
Sierra Highlands CSD 215
Big Pine CSD 282
Bridgeport PUD 288
Indian Creek-Westridge CSD 298
June Lake PUD 315
Inyo County – Independence 336
Hilton Creek CSD (MSR) 373
Inyo County – Lone Pine 503
City of Bishop 1,171
Eastern Sierra CSD (rate study report) 2,592
Mammoth CWD 3,818
Lone Pine CSD Unknown
As Reported on https://sdwis.waterboards.ca.gov/ (or as noted) CSD – Community Services District
CWD – Community Water District
MSR – Municipal Service Review
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Table 4 and Table 5 provide the current and proposed commercial (non-residential) water and sewer rates, respectively. For about half of the existing commercial classes, the billing method is proposed to remain the same with only the rate increasing. For example, hotel rooms will continue to be billed on a per room basis; laundromats will continue to be billed per washing machine, etc. Rate structure changes are proposed for the other half of the City’s commercial customers to better align with industry standard practice and to simplify billing procedures. Most general commercial customers, beauty shops, churches, meeting halls, and restaurants are proposed to be billed based on 1,000 square feet of building space. These customers are divided into three new classes – Category A: low intensity use, Category B: medium intensity use, and Category C: high intensity use. 140
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Table 4: Current and Proposed Monthly Commercial Water Rates Current Proposed
Class Billing Unit Rate Class Billing Unit Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030 General Commercial Toilet $31.35 Category A: Bank, gym, industrial, office, retail, storage, warehouse Per 1,000 square feet $15.59 $18.71 $21.52 $23.45 $25.56 Beauty or Barber Shop Each $33.00 Category B [1]: Auto shop, beauty salon, bowling alley, church, coffee shop, frozen yogurt shop, general commercial, grocery store, medical office or veterinarian, meeting hall, mixed use, theater Per 1,000
square feet $22.74 $27.29 $31.38 $34.21 $37.28
Church Each $33.00 Hall Each $33.00 Restaurant Seat $3.30 Category C: Fast food, mortuary, restaurant
Per 1,000
square feet $28.59 $34.30 $39.45 $43.00 $46.87
Restaurant (over 100 seats) Seat $1.65 Restaurant Banquet Room Each $33.00 Restaurant Outside Seat $1.65 General Commercial (mortuary) Toilet $31.35 Brewery 1KBl/Yr $6.60 Same as billing method as current $6.50 $7.80 $8.97 $9.77 $10.65 Car Wash Stall $99.00 Same as billing method as current $93.56 $112.26 $129.11 $140.73 $153.38 Fair Grounds Each $165.00 Same as billing method as current $236.50 $283.76 $326.35 $355.73 $387.71 Gas Station Island $13.20 Same as billing method as current $16.89 $20.27 $23.31 $25.41 $27.69 Hospital Bed $11.55 Same as billing method as current $11.69 $14.03 $16.14 $17.59 $19.17 Hotel Room Each $8.25 Same as billing method as current $11.69 $14.03 $16.14 $17.59 $19.17 Irrigation [2] Acre $9.90 Same as billing method as current $220.90 $265.05 $304.83 $332.28 $362.15 Laundromat Washer $23.10 Same as billing method as current $18.19 $21.83 $25.10 $27.36 $29.82 School Student $1.32 Same as billing method as current $1.30 $1.56 $1.79 $1.95 $2.13 Trailer Dump Facility Each $66.00 Same as billing method as current $62.37 $74.84 $86.07 $93.82 $102.25 Closed Business Each $33.00 Billed at 80% of applicable rates listed above [3] Special Circumstance Per gallon New $0.13 $0.16 $0.18 $0.20 $0.21 1KBL/Yr – thousand barrels per year 1 - Cafes, coffee shops, frozen yogurt shops, and gas stations that serve prepackaged food, do not have grease traps, and do not cook fresh food onsite are included in Category B. 2 - The irrigation rate will be applied to non-single family residential parcels greater than 1 acre. The irrigation rate will be charged to landscaped or irrigated areas only. Non-irrigated areas of the parcel such as buildings, parking lots, walkways, or gravel areas are exempt from paying irrigation charges. 3 - Closed businesses with intact water lines will be billed 80% of the applicable rate the business would have been billed as an active business. 141
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Table 5: Current and Proposed Monthly Commercial Sewer Rates Current Proposed
Class Billing Unit Rate Class Billing Unit Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030 General Commercial Toilet $39.90 Category A: Bank, gym, industrial, office, retail, storage, warehouse Per 1,000 square feet $14.91 $16.40 $17.87 $19.48 $21.24 Beauty or Barber Shop Each $42.00 Category B [1]: Auto shop, beauty salon, bowling alley, church, coffee shop, frozen yogurt shop, general commercial, grocery store, medical office or veterinarian, meeting hall, mixed use, theater Per 1,000
square feet Church Each $42.00 $30.26 $33.29 $36.29 $39.56 $43.11 Hall Each $42.00 Restaurant Seat $4.20
Category C: Fast food, mortuary, restaurant
Per 1,000
square feet $65.04 $71.55 $77.99 $85.02 $92.66
Restaurant (over 100 seats) Seat $2.10 Restaurant Banquet Room Each $42.00 Restaurant Outside Seat $2.10 General Commercial (mortuary) Toilet $39.90 Brewery 1KBl/Yr $8.40 Same as billing method as current $9.94 $10.93 $11.92 $12.99 $14.16 Car Wash Stall $126.00 Same as billing method as current $134.15 $147.58 $160.86 $175.35 $191.12 Fair Grounds Each $294.00 Same as billing method as current $341.94 $376.15 $409.99 $446.93 $487.13 Gas Station Island $16.80 Same as billing method as current $24.39 $26.83 $29.25 $31.88 $34.75 Hospital Bed $14.70 Same as billing method as current $17.16 $18.88 $20.58 $22.44 $24.45 Hotel Room Each $10.30 Same as billing method as current $17.16 $18.88 $20.58 $22.44 $24.45 Laundromat Washer $29.40 Same as billing method as current $34.78 $38.26 $41.70 $45.46 $49.55 School Student $1.68 Same as billing method as current $1.81 $1.99 $2.17 $2.36 $2.57 Trailer Dump Facility Each $84.00 Same as billing method as current $90.34 $99.38 $108.32 $118.08 $128.70 Closed Business Each $42.00 Billed at 80% of applicable rates listed above [2] Special Circumstance Per gallon New $0.24 $0.27 $0.29 $0.32 $0.35 1KBL/Yr – thousand barrels per year 1 - Cafes, coffee shops, frozen yogurt shops, and gas stations that primarily serve prepackaged food, do not have grease traps, and do not cook fresh food onsite are included in Category B. 2 - Closed businesses with intact service connections will be billed 80% of the applicable rate the business would have been billed as an active business. 142
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SECTION 2: CUSTOMER BASE AND CURRENT RATE REVENUES
The City of Bishop provides water and sewer service to a population of about 3,800 via approximately 1,200 active service connections. This section provides an overview of the City’s current water and sewer rates, customer base, and current rate revenues.
The City’s current water and sewer rates went into effect on July 1, 2023. They were adopted pursuant to Proposition 218 requirements as part of a five-year schedule of rate increases developed in the City’s 2018 rate study. The rate structure consists of unmetered, fixed monthly charges for single family, multiple family, low income senior residential, and commercial customers. Residential customers are billed per dwelling unit. The senior residential rates are 75% of their corresponding category (i.e. the senior single family rate is 75% of the single family charge; the senior multiple family detached rate is 75% of the multiple family detached charge). To maintain compliance with Proposition 218, discounts provided to senior customers are funded via the City’s General Fund and are not funded via rate revenues. More information about the low income senior rate program is provided in Appendix A. Prior to 2018, the City’s single family residential water rate was $37.00 and is currently $33.00 per month.
Commercial customers are also billed fixed monthly service charges. The billing unit and cost per unit vary by land use. As examples, general commercial customers are billed by the number of toilets in their establishments, hospitals are billed by the number of beds, and restaurants are billed by the number of seats. This billing method has caused administrative issues – City staff have noted that restaurants will add or remove seats throughout the year based on customer traffic. The City’s charges for closed businesses are also problematic. A small shop with one toilet is billed $31.35 for monthly water service.
If that shop closed, it would be charged $33.00 monthly under the closed business rate, an increase of $1.65 per month. In addition, City staff have observed that the closed business rate has been inconsistently applied in recent years and the City does not have a formal policy for billing closed businesses.
Current rates, customer counts, and revenues are provided in Table 6. The City currently collects about $1.1 million in water rate revenues and about $1.4 million in sewer rate revenues annually.
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Table 6: Current Rates, Customer Counts, and Rate Revenue Monthly Rate
Count of
Billing Units Annual Revenue
Customer Water Sewer Per Water Sewer Water Sewer
RESIDENTIAL
Single Family Residence $33.00 $42.00 Dwelling 533 532 $211,068 $268,128 Single LI Senior Residence $24.75 $31.50 Dwelling 6 6 $1,782 $2,268 Multiple Family (detached) $24.75 $31.50 Dwelling 720 721 $213,840 $272,538 Multiple Fam. LI Senior (detached) $18.57 $23.62 Dwelling 3 3 $669 $850 Multiple Fam. Residence (attached) $23.10 $29.40 Dwelling 674 671 $186,833 $236,729 Multiple Fam. LI Senior (attached) $17.33 $22.05 Dwelling 19 21 $3,951 $5,557 Total Residential 1,955 1,954 $618,143 $786,070
NON-RESIDENTIAL
Bar $2.64 $3.36 Seat 279 279 $8,839 $11,249
Beauty or Barber Shop $33.00 $42.00 Each 17 17 $6,732 $8,568 Brewery (with pretreatment) $6.60 $8.40 1KBl/Yr 1 1 $79 $101 Car Wash $99.00 $126.00 Stall 11 11 $13,068 $16,632
Church $33.00 $42.00 Each 16 14 $6,336 $7,056
Fairgrounds $165.00 $294.00 Each 1 1 $1,980 $3,528
Gas Station $13.20 $16.80 Island 39 39 $6,178 $7,862
General Commercial $31.35 $39.90 Toilet 605 603 $227,601 $288,716 Hall $33.00 $42.00 Each 13 11 $5,148 $5,544
Hospital $11.55 $14.70 Bed 136 136 $18,850 $23,990
Hotel Room $8.25 $10.30 Each 878 878 $86,922 $108,521
Irrigation $9.90 $0.00 Acre 29 $3,445 $0
Laundry and Laundromat $23.10 $29.40 Washer 53 53 $14,692 $18,698 Other $0.00 $0.00 Case by
case
$0 $0
Restaurant $3.30 $4.20 Seat 1,712 1,712 $67,795 $86,285 Restaurant (over 100 seats) $1.65 $2.10 Seat 71 71 $1,406 $1,789 Restaurant Banquet Room $33.00 $42.00 Each 8 8 $3,168 $4,032 Restaurant Outside $1.65 $2.10 Seat 631 625 $12,494 $15,750 School $1.32 $1.68 Student 1,951 1,959 $30,904 $39,493
Trailer Dump Facility $66.00 $84.00 Each 2 2 $1,584 $2,016 Closed Business $33.00 $42.00 Each 4 4 $1,584 $2,016
Total Non-residential $518,804 $651,848
Total Annual Rate Revenues $1,136,946 $1,437,918
LI – low income
Senior rates are 75% of the standard rate
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SECTION 3: WATER COST OF SERVICE
Proposition 218 requires that utility rates be based on the reasonable cost of providing service to customers. This section provides an analysis of water system revenues and expenses to determine the total cost of service to be recovered via water rates. The cost of service is expressed in a cash flow table that illustrates revenue increases needed to keep up with expenses and maintain financial health. Over the five-year rate study period, rate increases are proposed so that the City can pay for operating costs, fund capital improvements, debt service costs, and maintain reasonable reserves, all of which are calculated in this study to produce rates that will be necessary to recover only the actual cost of the water service per parcel under these proposed water rates. The water utility’s cost of service was developed based on fiscal year (FY) 2023/24 actuals, the FY2024/25 budget, the City’s capital improvement plan, and input from staff.
3.1 Water System Overview
The purpose of the City’s water system is to produce and deliver water for consumption, irrigation, and fire suppression in a safe and dependable manner. Water quality is closely monitored by several State of California regulatory agencies to guarantee compliance with Federal and State mandates. Water delivery comes from 2 wells. Well 4 is the City’s primary well and produces about 85 percent of the City’s water. Well 2 is the City’s secondary water source, producing the remaining 15 percent of the City's water. The City also had a third water source, Well 1; however, this well has recently been disconnected from the water system. Water is pumped and delivered to customers through almost 22 miles of water mains.
3.2 Revenues
The City’s revenues consist of water service charges, interest income, customer penalties, and miscellaneous income. This fiscal year, FY2025/26, the City also expects to secure a loan of $1.5 million for the West Line water pipeline project from the City’s General Fund. Excluding the loan proceeds, total projected water system revenues are about $1.2 million for FY2025/26. Over the next five years, interest income is projected based on 5% of the City's beginning reserve fund balance each year. Penalty fees and other miscellaneous revenues are projected to total $20,900 annually. A series of five annual rate increases are proposed to go into effect beginning on July 1, 2026 to fund the costs described below.
3.3 Expenses
3.3.1 Operating Costs
Operating costs include salaries, benefits, operations, and maintenance expenses but do not include capital costs. In FY2025/26, the City expects to incur about $1.2 million in expenses to operate and maintain the water system. Operating costs over the course of the rate study period are projected in Table 7 on the following page based on FY2024/25 actuals and the FY2025/26 Budget. Escalation factors were determined based on projected inflation and input from City staff. Labor and benefits are projected to increase by 8% per year to account for cost of living increases, health care cost increases, 145
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and Other Post Employment Benefits (OPEB). Most operating costs are projected to increase by 5% per year to account for estimated inflation. The City expects to hire a new staff member in FY2026/27 to assist with operations. The cost of the staff member is split 35% for water, 35% for sewer, and 30% for streets or other public works activities.
Table 7: Water Operating Expense Projection
Budget Escalation Projected
FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 FY2030/31
Salaries & Benefits [1] $592,700 8.0% $640,100 $691,300 $746,600 $806,300 $870,800 New Staff [2] 8.0% $50,800 $54,900 $59,300 $64,000 $69,100 Utilities $48,000 5.0% $50,400 $52,900 $55,500 $58,300 $61,200 Administration $27,200 5.0% $28,600 $30,000 $31,500 $33,100 $34,800 Professional Services $102,000 5.0% $75,000 $78,800 $82,700 $86,800 $91,100 Operations $80,600 5.0% $84,600 $88,800 $93,200 $97,900 $102,800 Depreciation $200,000 5.0% $210,000 $220,500 $231,500 $243,100 $255,300 City Cost Plan $169,500 5.0% $178,000 $186,900 $196,200 $206,000 $216,300 Total Operating Expenses $1,220,000 $1,317,500 $1,404,100 $1,496,500 $1,595,500 $1,701,400
Includes depreciation which is a non-cash expense
1 - Reflects updated OPEB expenses provided by City staff 2 - 35% of a Full Time Equivalent (FTE)
3.3.2 Water Capital Improvement Plan
Concurrent with conducting this rate study, City staff analyzed the water system’s condition and needs over the next five years. The City’s water system capital improvement project (CIP) list is provided in Table 8. It should be noted that the capital project list spans from FY2025/26 (current fiscal year) to FY2029/30 (Year 4 of the five-year rate study period). Project costs have not been developed for FY2030/31. In FY2025/26, the City expects to fund the West Line water pipeline project via a $1.5 million loan from the General Fund with about $1 million in remaining cost funded via rate revenues.
Over the next four years (FY2026/27 to FY2029/30), the City expects to construct about $11.5 million of projects. Infrastructure needs consist of regulatory driven projects such as water line retrofits to improve fire flow, vehicles, equipment, security fencing, a new production well, and water meters. It is assumed that water meters, backup generators, 60% of the West Line pipeline, and 75% of the production well will be grant or loan funded. In total, the City expects grant or loan funding of about $9.13 million, see
Table 9. This leaves about $2.34 million that the City must cash fund or finance. 146
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Table 8: Water Capital Improvement Costs (Detailed)
Category Project Name & Description FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 Total Cost Funding Source Distribution System Isolation Valve Installation 150,000 0 0 0 0 150,000 Loan & RR Distribution System West Line Water Line Replacement [1] 2,350,000 0 0 0 0 2,350,000 Loan & RR Distribution System South Warren - Lagoon to South Water Line 170,000 0 0 0 0 170,000 Rate Revenue (R&R) Facilities & Equip Flatbed F-550/Plow Truck (x2) 32,000 0 0 0 39,000 71,000 Rate Revenue Water Supply New Production Well [2] 0 225,000 225,000 2,861,000 0 3,311,000 Grant & RR Storage Storage & Control Tank Rehabilitations 0 100,000 0 0 0 100,000 Rate Revenue Water Supply Well #2 & 4 Pump rebuilds 0 230,000 0 0 0 230,000 Rate Revenue Water Supply Well #2 & 4 motors and rebuilds 0 120,000 0 0 0 120,000 Rate Revenue Water Supply Well #4 Electrical Panel 0 70,000 0 0 0 70,000 Rate Revenue Facilities & Equip 10 yd. Dump/Snow Plow Truck 0 50,000 0 0 0 50,000 Rate Revenue Facilities & Equip Permanent Backup Generators 0 120,000 130,000 0 0 250,000 Grant or Loan Distribution System East Line - Main to Hanby 0 207,000 1,173,000 0 0 1,380,000 Grant or Loan Facilities & Equip Security Fence Replacement Well #2 0 0 50,000 0 0 50,000 Rate Revenue Facilities & Equip Front End Loader 0 0 81,000 0 0 81,000 Rate Revenue Water Quality & Compliance Implementation of Water Meters [3] 0 0 0 2,500,000 2,500,000 5,000,000 Grant or Loan Facilities & Equip Forklift 0 0 0 28,000 0 28,000 Rate Revenue Facilities & Equip Air compressor 0 0 0 8,000 0 8,000 Rate Revenue Distribution System Annual Line Replacement 0 0 250,000 250,000 250,000 750,000 Rate Revenue Total $2,702,000 $1,122,000 $1,909,000 $5,647,000 $2,789,000 $14,169,000 1 - The West Line Water Line project is assumed to be funded via a $1.5M General Fund loan with about $1.0M in remaining cost funded via rate revenues. The project includes replacing the West Line Water Line ($2.35 M) and installing main line isolation valves on West Line ($150,000). 2 - The new production well is assumed to be funded via a $2.5M WRDA grant (not guaranteed) in FY28/29 which requires a 25% match. Remaining project costs, and those in FY26/27 and FY27/28, are assumed to be funded via rate revenues. 3 - SB 552 mandates meters by 2032. Goal is to have meters installed prior to next rate study. Project is phased over two years, but could phase over more years if necessary to comply by 2032. 147
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Table 9: Summary of Water Capital Improvements
Category FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 4-Year Cost
FY2026/27 to
FY2029/30
Rate Funded Projects
Distribution System [1] 1,170,000 0 250,000 250,000 250,000 750,000 Storage 0 100,000 0 0 0 100,000 Facilities & Equip 32,000 50,000 131,000 36,000 39,000 256,000 Water Supply [2] 0 645,000 225,000 361,000 0 1,231,000 Water Quality & Compliance 0 0 0 0 0 0 Total Rate Funded 1,202,000 795,000 606,000 647,000 289,000 2,337,000 Grant/Loan Funded Distribution System [1] 1,500,000 207,000 1,173,000 0 0 1,380,000 Storage 0 0 0 0 0 0 Facilities & Equip 0 120,000 130,000 0 0 250,000 Water Supply [2] 0 0 0 2,500,000 0 2,500,000 Water Quality & Compliance 0 0 0 2,500,000 2,500,000 5,000,000 Total Grant/Loan Funded 1,500,000 327,000 1,303,000 5,000,000 2,500,000 9,130,000 Total All Projects $2,702,000 $1,122,000 $1,909,000 $5,647,000 $2,789,000 $11,467,000 1 - The West Line Water Line and Isolation Valve Installation projects are assumed to be funded via a $1.5M loan from the General Fund with about $1,000,000 in remaining cost funded via rate revenues 2 - The new production well is assumed to be funded via a $2.5M WRDA grant (not guaranteed) in FY28/29 which requires a 25% match. Remaining project costs, and those in FY26/27 and FY27/28, are assumed to be funded via rate revenues. 148
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3.3.3 Debt Service and Capital Project Funding
To fund $2.34 million of capital projects over the next four years, it is proposed that the City finance about $2 million of projects and cash fund the remaining $336,000 of projects. For planning purposes, it is assumed that the City will have a 40-year repayment term at 3.375% interest. This potential future financing will result in a new debt service cost of about $92,000 per year, see Table 10. There is also a cost of $331,000 each year to repay the loan from the General Fund for the West Line project. At the writing of this report, the City is working to approve the General Fund loan and determine the repayment terms. A planning level estimate is included in this study. In addition, it is proposed that ratepayers cash fund about $84,000 in capital projects each year, bringing the total annual cost to ratepayers to $507,000. These costs are proposed to continue into FY2030/31 (i.e. one year beyond the CIP planning horizon) to account for future projects that have not yet been identified.
Table 10: Proposed Water CIP Funding
ANNUAL FUNDING
Annual Cost to Ratepayers $507,000
Made up of
GF Loan Repayment [1] $331,000
Future Debt Service [2] $92,000
CIP Cash Funding $84,000
TOTAL FUNDING FY2026/27 to FY2029/30
New Debt Proceeds $2,000,000
Cash Funding Over 4 Years $336,000
Total (goal is $2.337M) $2,336,000
Not Funded/draw from reserves ($1,000)
1 - $1.5M loan at 3.375% interest over 5 years (from General Fund) 2 - $2M loan at 3.375% interest over 40 years compounded annually Most forms of public agency debt require that the issuer maintain a coverage ratio of 1.2 times or greater. This is calculated as net revenues (not including grant funding) divided by the total annual debt service cost. Following the first rate increase, it is projected that the City will have ample debt coverage.
Debt coverage is one factor that lenders take into consideration when determining the credit rating of issuers. By maintaining a strong coverage ratio, the City should have a streamlined debt issuance process in the future.
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3.4 Reserves
As of July 1, 2025, the Water Fund reserve balance is about $2.64 million. Based on industry common practice, it is recommended that the Water Fund maintain a balance equal to 50% of operations and maintenance costs for the fiscal year plus the annual debt service cost plus $750,000 of capital costs (i.e. for an emergency repair). Based on this calculation, the recommended fund target for FY2025/26 is about $1.36 million. The current reserve of about $2.64 million exceeds the target. However, the City intends to draw down reserves over the current fiscal year to fund the portion of the West Line project that is not covered by the General Fund loan. It is projected that the Water Fund will end FY2025/26 with $1.28 million in reserves – less than the calculated target of $1.36 million.
Adequate fund reserves protect the City when faced with unforeseen financial challenges such as emergency expenses and revenue deficits. Fund reserves are a critical tool that will allow the City to maintain its financial health and positive credit ratings, especially during emergencies. It is acceptable if reserves dip below the target on a temporary basis, provided the City takes action to attain the target over the longer run. Over the five-year rate study period, it is proposed that the City slowly rebuild its Water Fund reserves to eventually meet the fund reserve target by the end of FY2030/31.
3.5 Cash Flow Projection
Figure 4 and Table 11 provide the five-year cash flow spanning from FY2025/26 to FY2030/31. Over the five-year rate study period, water rate increases are proposed to fund operating costs, capital costs, debt service, and rebuild reserves. Rate increases are proposed to take effect each July 1 from 2026 through 2030. The proposed rates and rate design are described in more detail in the following section.
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Figure 4: Water Cash Flow Chart
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Table 11: Water Cash Flow Projection
Budget Projected: Prop 218 Period
FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 FY2030/31 Rate Increase 0% 37% 20% 15% 9% 9%
Beginning Fund Balance [1] $2,640,000 $1,280,700 $1,048,700 $1,030,000 $1,198,400 $1,469,700
REVENUES
GF Loan Proceeds [2] 1,500,000 0 0 0 0 0
Water Rate Revenues 1,136,900 1,557,600 1,869,100 2,149,500 2,343,000 2,553,900 Interest 71,400 64,000 52,400 51,500 59,900 73,500
Penalties & Misc Revenues 20,900 20,900 20,900 20,900 20,900 20,900 Total Revenues 2,729,200 1,642,500 1,942,400 2,221,900 2,423,800 2,648,300
EXPENSES
Operating Expenses
Salaries & Benefits 592,700 640,100 691,300 746,600 806,300 870,800 New Staff Member 0 50,800 54,900 59,300 64,000 69,100
Utilities 48,000 50,400 52,900 55,500 58,300 61,200
Administration & Lease 34,800 28,600 30,000 31,500 33,100 34,800 Professional Services 102,000 75,000 78,800 82,700 86,800 91,100 Operations 80,600 84,600 88,800 93,200 97,900 102,800
Depreciation 200,000 210,000 220,500 231,500 243,100 255,300 City Cost Plan 169,500 178,000 186,900 196,200 206,000 216,300 Subtotal Operating 1,227,600 1,317,500 1,404,100 1,496,500 1,595,500 1,701,400
Net Operating Revenues [3] 1,600 325,000 538,300 725,400 828,300 946,900
Non-Operating Expenses
Capital Improvements [4] 2,702,000 84,000 84,000 84,000 84,000 84,000 Capital Equipment 30,000 50,000 50,000 50,000 50,000 50,000 GF Loan Repayment [5] 128,900 331,000 331,000 331,000 331,000 331,000 Outside Debt Service [6] 0 92,000 92,000 92,000 92,000 92,000 Subtotal Non-Operating 2,860,900 557,000 557,000 557,000 557,000 557,000
Total Expenses 4,088,500 1,874,500 1,961,100 2,053,500 2,152,500 2,258,400
Total Net Revenues (1,359,300) (232,000) (18,700) 168,400 271,300 389,900
Ending Fund Balance $1,280,700 $1,048,700 $1,030,000 $1,198,400 $1,469,700 $1,859,600
Target Reserve Balance [7] 1,363,800 1,500,800 1,544,100 1,590,300 1,639,800 1,692,700 Target Met? no no no no no yes
Debt Service Coverage [8] 3.53 5.85 7.88 9.00 10.29
See footnotes on the following page
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Notes for Table 11
1 - Estimated FY 2025/26 starting cash balance; includes restricted funds 2 - Loan from General Fund (GF) for the West Line Water Line project 3 - Does not include General Fund loan proceeds
4 - Includes rate funded projects and the West Line Water Line project ($1.5M loan from GF) 5 - For repayment of the General Fund’s $1.5M loan for the West Line water project over 5 years at 3.375% interest
6 - For future loan of $2M at 3.375% over 40 years
7 - 50% of operating expenses + annual debt service cost + $750,000 of emergency capital funding 8 - Debt service coverage projection does not include repayment of the General Fund loan. 153
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SECTION 4: WATER COST ALLOCATION & RATE DESIGN
This section takes the total cost of service developed in the prior section and assigns costs to various customer classes based on their use of the water system.
4.1 Proposed Water Rate Structure
The City’s service area is primarily unmetered, and the City bills customers fixed monthly fees based on estimated water use. The use of each customer is compared with the estimated use of an average single family residential customer to assign Equivalent Dwelling Units (EDUs). As an example, a customer who uses half the water use of a single family residential customer is assigned 0.5 EDUs. The example customer’s bill is calculated as 0.5 EDUs multiplied by the rate per EDU ($/EDU/month). The subsections below develop the proposed EDU assignments for residential and commercial customer classes.
4.1.1 Residential Customer Class
Table 12 lists existing and proposed residential customer classes and their proposed EDU assignments based on estimated water use. Single family customer use is estimated at 350 gallons per day based on typical water usage patterns. Low income senior residential use is estimated at 260 gallons per day which equals 0.74 EDUs per dwelling. This is approximately equal to the current EDU assignment of 0.75 EDUs per senior single family dwelling.
It is proposed that the detached and attached multiple family customer categories be merged. Multiple family residential customers are estimated to use 260 gallons per day. The EDUs for attached multiple family customers will increase from 0.70 to 0.74 EDUs per home. The EDUs for detached multiple family customers will remain about the same – changing from 0.75 to 0.74 EDUs per home.
Table 12: Proposed Residential Water Rate Classes
Current Proposed
Class EDUs per
Dwelling Class Gallons per Day
EDUs per
Dwelling
Single Family 1.00 Single Family 350 1.00
Low Income Senior Single
Family 0.75 Low Income Senior Single Family 260 0.74
Multiple Family
(detached) 0.75 Multiple Family
(detached and
attached are merged)
260 0.74 Multiple Family
(attached) 0.70
Senior Multiple Family
(detached) (low income) 0.56 Low Income Senior
Multiple Family
(detached and
attached are merged)
190 0.54 Senior Multiple Family
(attached) (low income) 0.53
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4.1.2 Commercial Customer Class
The number of commercial customer classes is also proposed to be reduced to better align with industry standard practice, promote equity, and improve the City’s billing procedures. About half the City’s current commercial customer classes are proposed to remain the same as shown in the bottom portion of Table 13. As examples, laundromats will continue to be billed per washing machine and hotels will continue to be billed per room.
Other commercial classes consisting of beauty or barber shops, churches, general commercial, halls, and restaurants are proposed to change. These classes are proposed to be divided into three new categories based on intensity of use and billed based on 1,000 square feet. Category A will include low intensity uses such as banks, gyms, offices, retail shops, storage facilities, warehouses, and low intensity industrial uses. Category B will include medium intensity uses such as auto shops, churches, general commercial, grocery stores, medical offices, and others as shown below. Category C will include high intensity uses such as restaurants and mortuaries. Cafes, coffee shops, frozen yogurt shops, and gas stations that primarily serve prepackaged food, do not have grease traps, and do not cook fresh food onsite are included in Category B. Businesses that prepare food onsite and should have grease traps should be included in Category C.
Customers such as meeting halls and grocery stores tend to bridge two categories. Meeting halls, for example, typically have seating areas with low intensity use like office space but also kitchens to prepare and serve food for special events. Similarly, grocery stores have high intensity use areas like the butcher counter and bakery as well as low intensity use areas like dry goods aisles throughout the store.
Category B is intended to include mixed intensity customers. Ultimately, the City will transition to metered billing and customers will pay for their actual usage rather than estimated usage based on square feet. The rate structure proposed in this report is designed to promote equity between large and small customers where large customers who likely use more water are billed more than small customers who use less.
It is proposed that closed businesses with intact service lines be billed 80% of the rate that they would otherwise be billed as an active business. For example, a closed office would be billed 80% of the standard (open) office rate. Based on an analysis of the water and sewer utility’s fixed and variable costs, about 80% of the cost of service is fixed and is not dependent on water usage or sewer flow. The City incurs this cost to maintain water supply or sewer treatment capacity, infrastructure, and have operators available to provide service at any time. Because the City does not meter most of its service area, the City does not have a mechanism to easily turn off service to closed businesses. Thus, closed businesses have service readily available and could easily reactive their accounts. Any closed businesses that physically disconnect their water line and/or do not have service readily available should not be charged the closed business rate.
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Table 13: Proposed Commercial Classes
Current Proposed
Class Billing Unit Class Billing Unit
General Commercial Toilet Category A: Bank, gym, industrial, office, retail, storage, warehouse
Per 1,000
square feet
Beauty or Barber Shop Each
Category B [1]: Auto shop, beauty
salon, bowling alley, church, coffee
shop, frozen yogurt shop, general
commercial, grocery store, medical
office or veterinarian, meeting hall,
mixed use, theater
Per 1,000
square feet
Church Each
General Commercial Toilet
Hall Each
Restaurant Seat
Category C: Fast food, mortuary,
restaurant
Per 1,000
square feet
Restaurant
(over 100 seats) Seat
Restaurant Banquet Room Each
Restaurant Outside Seat
General Commercial
(mortuary) Toilet
Brewery 1KBl/Yr Same as current
Car Wash Stall Same as current
Fair Grounds Each Same as current
Gas Station Island Same as current
Hospital Bed Same as current
Hotel Room Each Same as current
Irrigation [2] Acre Same as current
Laundromat Washer Same as current
School Student Same as current
Trailer Dump Facility Each Same as current
Closed Business Each Billed at 80% of applicable rates listed above [3] Special Circumstance Per gallon New
1KBL/Yr – thousand barrels per year
1 - Cafes, coffee shops, frozen yogurt shops, and gas stations that primarily serve prepackaged food, do not have grease traps, and do not cook fresh food onsite are included in Category B. 2 - The irrigation rate will be applied to non-single family residential parcels greater than 1 acre. The irrigation rate will be charged to landscaped or irrigated areas only. Non-irrigated areas of the parcel such as buildings, parking lots, walkways, or gravel areas are exempt from paying irrigation charges. 3 - Closed businesses with intact water lines will be billed 80% of the applicable rate the business would have been billed as an active business.
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4.2 Assignment of Water EDUs and Proposed Rate per EDU
Table 14 provides the estimated water use for each proposed residential and commercial customer class. The estimated usage of each customer is multiplied by the number of billing units in each class and converted to EDUs. The water usage of commercial customers was estimated based on industry standard estimates and the water demand factors used by other public utilities. The proposed allocation shown below results in a loss of about 17 EDUs.
Table 14: Proposed Water EDU Allocation
Class Billing Units Count
Flow
(gallons
per day)
Proposed
EDUs per
Billing Unit
Total
EDUs
RESIDENTIAL
Single Family Residence per dwelling unit 532 350 1.00 532.0 Single Family Senior Residence Low Income per dwelling unit 6 260 0.74 4.5 Multiple Family Residence per dwelling unit 1,392 260 0.74 1,034.1 Multiple Family Senior Residence Low Income per dwelling unit 24 190 0.54 13.0 TOTAL RESIDENTIAL 1,583.6
COMMERCIAL
Rate categories that are proposed to remain the same
Brewery (with pretreatment) 1KBl/Yr 1 50 0.14 0.1
Car Wash Stall 11 720 2.06 22.6
Fair Grounds (includes irrigation) each 1 1,820 5.20 5.2 Gas Station Island 39 130 0.37 14.5
Hospital Bed 136 90 0.26 35.0
Hotel Room Each 878 90 0.26 225.8
Irrigation Acre 51.56 1,700 4.86 250.4
Laundry and Laundromat Washer 53 140 0.40 21.2
School Student 1,959 10 0.03 56.0
Trailer Dump Facility Each 2 480 1.37 2.7
New or revised categories
Category A:
Bank, gym, industrial, office, retail, storage,
warehouse
1,000 sq ft 1,020 120 0.34 349.7
Category B:
Auto shop, beauty salon, bowling alley,
church, coffee shop, frozen yogurt shop,
general commercial, grocery store, medical
office or veterinarian, meeting hall, mixed
use, theater
1,000 sq ft 448 175 0.50 224.0
Category C:
Fast food, mortuary, restaurant 1,000 sq ft 101 220 0.63 63.5 TOTAL NON-RESIDENTIAL 1,270.7
TOTAL ALL CUSTOMERS 2,854.3
1KBL/Yr – thousand barrels per year Current EDUs 2,871
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The proposed water rate per EDU over the next five years is calculated in Table 15. The proposed rate revenue calculated in the cash flow in Table 11 is divided by the number of EDUs shown in Table 14.
FY2026/27, total rate revenue is proposed to increase by 37%. However, the rate per EDU is proposed to increase by 38% due to the loss of about 17 EDUs under the proposed EDU allocation.
Table 15: Water Rate per EDU
Current Projected: Prop 218 Period
FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 FY2030/31 Rate Revenue Increase 37% 20% 15% 9% 9%
Rate Revenue (Table 11) $1,136,900 $1,557,600 $1,869,100 $2,149,500 $2,343,000 $2,553,900 Total EDUs 2,871 2,854 2,854 2,854 2,854 2,854
Monthly Rate per EDU $33.00 $45.48 $54.57 $62.76 $68.41 $74.56 38% 20% 15% 9% 9%
4.3 Proposed Residential Water Rates
The proposed five-year residential rate plan is provided in Table 16. The rates are calculated as the cost per EDU from Table 15 multiplied by the number of EDUs per customer class shown in Table 12.
Table 16: Proposed Residential Monthly Water Rates ($/dwelling unit) Current Proposed
Class Jul 1,
2026
Jul 1,
2027
Jul 1,
2028
Jul 1,
2029
Jul 1,
2030
Single Family $33.00 $45.48 $54.57 $62.76 $68.41 $74.56 38% 20% 15% 9% 9%
Senior Single Family $24.75 $33.79 $40.54 $46.62 $50.82 $55.39 (low income) 37% 20% 15% 9% 9%
Multiple Family $24.75 $33.79 $40.54 $46.62 $50.82 $55.39 (detached) 37% 20% 15% 9% 9%
Multiple Family
(attached)
$23.10 $33.79 $40.54 $46.62 $50.82 $55.39
46% 20% 15% 9% 9%
Senior Multiple Family
(detached) (low income)
$18.57 $24.69 $29.62 $34.07 $37.14 $40.48
33% 20% 15% 9% 9%
Senior Multiple Family
(attached) (low income)
$17.33 $24.69 $29.62 $34.07 $37.14 $40.48
42% 20% 15% 9% 9%
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The figure below illustrates the proposed monthly single family residential water rates over the next five years. The current rate of $33 per month and the prior rate of $37 per month are also shown for comparison purposes.
Figure 5: 5-Year Single Family Monthly Water Rates
Figure 6 on the following page compares the City’s current and proposed monthly single family residential bill with those of surrounding agencies. The City’s current water rate is in the low-end of those charged by other local agencies and will move to the mid-range following the proposed rate increase.
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Figure 6: Monthly Water Bill Survey
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4.4 Proposed Commercial Water Rates
Table 17 provides the current and proposed commercial water rates over the next five years. As with residential rates, the cost per EDU from Table 15 is multiplied by the number of EDUs allocated to each billing category shown in Table 14. Table 18 provides bill impacts for commercial customers such as car washes, gas stations, schools, and others within the billing categories that are proposed to remain the same. Table 19 provides sample bill impacts for commercial customers that will be transitioned to Categories A, B, and C. Because of the updated EDU assignments and rate structure changes, there are a range of rate impacts. Some customers such as laundromats will have decreases while others will have increases.
It should be noted that a substantial increase is proposed for irrigation customers. Currently, irrigation customers are billed $9.90 per acre per month. This rate is less than 1/3 of the current single family customer rate of $33.00 per month. This is highly disproportionate to estimated water use and is proposed to be adjusted. Land use planners typically estimate medium density residential development to consume about 2 acre feet per year (AFY) per acre of development. Irrigation demands for crops, turf grass, ballfields, and other uses can vary but are typically also estimated at 2 AFY. Therefore, one acre of single family residences is about equal to one acre of irrigation demand. In California, the typical single family parcel size is 1/4 to 1/5 of an acre. Based on these metrics, one acre of irrigation has similar water use as four to five homes. The proposed irrigation rate is 4.86 X the single family rate which is in-line with industry typical usage estimates. To account for parcels that have irrigated areas in addition to paved, non-irrigation areas, the irrigation rate will be charged to landscaped or irrigated areas only.
Non-irrigated areas of the parcel such as buildings, parking lots, walkways, or gravel areas are exempt from paying irrigation charges.
The proposed water rate schedule also includes special circumstance rates that are billed on a $/gallon basis. This rate is for water truck fill ups, construction water, or other large commercial or industrial onetime use. The rate is calculated as the single family rate divided by 350 gallons of monthly single family usage. Via this calculation, the special circumstance rate is proportional to the rate paid by all other customers.
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Table 17: Current and Proposed Monthly Commercial Water Rates Current Proposed
Class Billing Unit Rate Class Billing Unit Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030 General Commercial Toilet $31.35 Category A: Bank, gym, industrial, office, retail, storage, warehouse Per 1,000 square feet $15.59 $18.71 $21.52 $23.45 $25.56 Beauty or Barber Shop Each $33.00 Category B [1]: Auto shop, beauty salon, bowling alley, church, coffee shop, frozen yogurt shop, general commercial, grocery store, medical office or veterinarian, meeting hall, mixed use, theater Per 1,000
square feet $22.74 $27.29 $31.38 $34.21 $37.28
Church Each $33.00 Hall Each $33.00 Restaurant Seat $3.30 Category C: Fast food, mortuary, restaurant
Per 1,000
square feet $28.59 $34.30 $39.45 $43.00 $46.87
Restaurant (over 100 seats) Seat $1.65 Restaurant Banquet Room Each $33.00 Restaurant Outside Seat $1.65 General Commercial (mortuary) Toilet $31.35 Brewery 1KBl/Yr $6.60 Same as billing method as current $6.50 $7.80 $8.97 $9.77 $10.65 Car Wash Stall $99.00 Same as billing method as current $93.56 $112.26 $129.11 $140.73 $153.38 Fair Grounds Each $165.00 Same as billing method as current $236.50 $283.76 $326.35 $355.73 $387.71 Gas Station Island $13.20 Same as billing method as current $16.89 $20.27 $23.31 $25.41 $27.69 Hospital Bed $11.55 Same as billing method as current $11.69 $14.03 $16.14 $17.59 $19.17 Hotel Room Each $8.25 Same as billing method as current $11.69 $14.03 $16.14 $17.59 $19.17 Irrigation [2] Acre $9.90 Same as billing method as current $220.90 $265.05 $304.83 $332.28 $362.15 Laundromat Washer $23.10 Same as billing method as current $18.19 $21.83 $25.10 $27.36 $29.82 School Student $1.32 Same as billing method as current $1.30 $1.56 $1.79 $1.95 $2.13 Trailer Dump Facility Each $66.00 Same as billing method as current $62.37 $74.84 $86.07 $93.82 $102.25 Closed Business Each $33.00 Billed at 80% of applicable rates listed above [3] Special Circumstance Per gallon New $0.13 $0.16 $0.18 $0.20 $0.21 1KBL/Yr – thousand barrels per year 1 - Cafes, coffee shops, frozen yogurt shops, and gas stations that serve prepackaged food, do not have grease traps, and do not cook fresh food onsite are included in Category B. 2 - The irrigation rate will be applied to non-single family residential parcels greater than 1 acre. The irrigation rate will be charged to landscaped or irrigated areas only. Non-irrigated areas of the parcel such as buildings, parking lots, walkways, or gravel areas are exempt from paying irrigation charges. 3 - Closed businesses with intact water lines will be billed 80% of the applicable rate the business would have been billed as an active business. 162
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Table 18: Commercial Water Bill Impacts
Class Billing Unit
Current
Rate
Proposed July 1,
2026 Rate % Change
Brewery 1KBl/Yr $6.60 $6.50 -2%
Car Wash Stall $99.00 $93.56 -5%
Fair Grounds Each $165.00 $236.50 43%
Gas Station Island $13.20 $16.89 28%
Hospital Bed $11.55 $11.69 1%
Hotel Room Each $8.25 $11.69 42%
Irrigation Acre $9.90 $220.90 2131%
Laundromat Washer $23.10 $18.19 -21%
School Student $1.32 $1.30 -2%
Trailer Dump Facility Each $66.00 $62.37 -6%
1KBL/Yr – thousand barrels per year
Table 19: Example Category A, B, and C Commercial Water Bill Impacts Current Proposed – July 1, 2026
Billing
Units
Monthly
Rate ($/toilet
or seat)
Total
Bill
Billing
Units
Monthly Rate
($/1,000 sq ft)
Total
Bill
Category A
3,000 sq ft office with 2 2 X $31.35 $62.70 3,000 X $15.59 $46.77 toilets toilets sq ft
Change from Current -25%
Category B
25,000 sq ft grocery store 10 X $31.35 $313.50 25,000 X $22.74 $568.50 with 10 toilets toilets sq ft
Change from Current 81%
Category C
8,000 sq ft restaurant with 90 X $3.30 $297.00 8,000 X $28.59 $228.72 90 seats Seats sq ft
Change from Current -23%
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SECTION 5: SEWER COST OF SERVICE
Following the same process as the analysis of the water system’s cost of service, the sewer utility’s cost of service is developed in this section based on FY2024/25 actuals, the FY2025/26 budget, the City’s capital improvement plan, and input from staff to produce rates that will be necessary to recover only the actual cost of the sewer service per parcel.
5.1 Sewer System Overview
The sewer utility’s purpose is to collect, treat, and dispose of residential and commercial wastewater in an environmentally safe manner. This process is closely monitored by several State of California regulatory agencies to guarantee compliance with Federal and State mandates. The City’s collection system consists of about 16 miles of pipe and one lift station. The City owns and operates a municipal wastewater treatment facility with a permitted capacity of 1.6 million gallons per day (MGD). Treatment begins with a headworks facility and primary clarification, followed by lagoon-based wastewater stabilization using one aerated pond and two facultative ponds in series. Secondary effluent is discharged for flood irrigation, while three additional ponds provide storage. Primary sludge is treated through anaerobic digestion and then dried on sludge beds before the biosolids are off-hauled to a landfill.
5.2 Revenues
The City’s revenues consist of sewer service charges, interest income, customer penalties, and miscellaneous income. This fiscal year, the City also expects to secure grant revenue of $675,000 consisting of $375,000 of Clean Water State Revolving Fund reimbursements for BAWA expenses and $300,000 of cured-in-place pipeline disaster funds. Excluding grants, total projected sewer system revenues are about $1.57 million for FY2025/26. Over the next five years, interest income is projected based on 5% of the City's beginning reserve fund balance each year. Fees and other revenues are projected at $7,000 annually. A series of two 10% rate revenue increases followed by three 9% rate revenue increases are proposed to go into effect each July 1 from 2026 through 2030 to fund the costs described below.
5.3 Expenses
5.3.1 Operating Costs
Operating cost estimates for the next five years are provided in Table 20. The sewer utility has the same cost categories as the water utility with the addition of fees paid for BAWA membership. Beginning in FY2026/27, costs are projected to escalate annually at the same percentages as costs for the water utility.
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Table 20: Sewer Operating Cost Projection
Budget Escalation Projected
FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 FY2030/31
Salaries & Benefits [1] $688,200 8.0% $743,300 $802,800 $867,000 $936,400 $1,011,300 New Staff [2] 8.0% $50,800 $54,900 $59,300 $64,000 $69,100 Utilities $28,400 5.0% $29,800 $31,300 $32,900 $34,500 $36,200 Administration $22,600 5.0% $23,700 $24,900 $26,100 $27,400 $28,800 Professional Services $71,400 5.0% $75,000 $78,800 $82,700 $86,800 $91,100 Operations $106,700 5.0% $112,000 $117,600 $123,500 $129,700 $136,200 City Cost Plan $165,900 5.0% $174,200 $182,900 $192,000 $201,600 $211,700 BAWA $88,800 5.0% $93,200 $97,900 $102,800 $107,900 $113,300 Depreciation $140,000 5.0% $147,000 $154,400 $162,100 $170,200 $178,700 Total Operating Expenses $1,312,000 $1,449,000 $1,545,500 $1,648,400 $1,758,500 $1,876,400
Includes depreciation which is a non-cash expense
1 - Reflects updated OPEB expenses provided by City staff 2 - 35% of a Full Time Equivalent (FTE)
5.3.2 Sewer Capital Improvement Plan
The City’s most significant upcoming capital improvement is consolidation of treatment systems under BAWA’s management. Construction of the new joint treatment plant is planned for FY2032/33 which is outside the five-year rate adoption timeline permitted under Proposition 218. However, the City will incur costs over the next five years for land acquisition, planning, and design. Some of these costs may be grant funded or shared between the City, Eastern Sierra CSD, and the Bishop Paiute Tribe. Table 21 provides a detailed breakdown of the City’s share of BAWA capital expenses over the next five years as well as other infrastructure and equipment needs. Costs shown are the City’s estimated costs net of any grant funding. For example, the City expects to conduct cured-in-place pipeline repairs over the next five years that will be fully grant funded; these projects are excluded from Table 21 as they have no impact on needed rate revenues. Table 22 provides an abbreviated summary of rate funded capital needs as well as a summary of projects which are expected to be grant or loan funded.
The City’s sewer system CIP consists of about $2.68 million of projects over the next four years (FY2026/27 to FY2029/30) that the City must cash fund or finance. An additional $6.36 million in project costs are expected to be financed through grants or loans. It is proposed that the City finances $1.35 million of projects, about half the rate-funded portion of the CIP and uses cash to fund the remaining $1.33 million in CIP costs.
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Table 21: Sewer System Capital Improvement Costs (Detailed) Type Project Name & Description FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 Total Cost BAWA (Rate Funded Portion) [1] Planning & Design of New WWTP 0 0 0 657,500 0 657,500 Vehicles & Equip Flatbed F-550 Maintenance/Plow Truck (x2) 32,000 0 0 0 39,000 71,000 Vehicles & Equip 10 yd. Dump/Snow Plow Truck 0 50,000 0 0 0 50,000 Vehicles & Equip Sludge Pump VFD Replacements 0 50,000 0 0 0 50,000 Sewer Line Replacement Hammond 4 Inch 0 250,000 0 0 0 250,000 Deferred Maintenance Johnston Dr. Lift Station building 0 200,000 0 0 0 200,000 Vehicles & Equip Front End Loader 0 0 81,000 0 0 81,000 Sewer Line Replacement S. 3rd Belly Replacement 0 0 410,000 0 0 410,000 BAWA (Rate Funded Portion) Land Acquisition from LADWP for disposal fields [2] 0 0 343,000 0 0 343,000 Cured-in-place pipe Grove Schools to Home 0 0 0 130,000 0 130,000 Cured-in-place pipe Clarke Sewer Replacement 1 0 0 0 430,000 0 430,000 Vehicles & Equip Forklift 0 0 0 28,000 0 28,000 Vehicles & Equip Air Compressor 0 0 0 8,000 0 8,000 Total Rate Funded $32,000 $550,000 $834,000 $1,253,500 $39,000 $2,708,500 1 – State Revolving Funding total is $2.411M, leaving a funding gap of $1.315M to complete the project. Costs shown reflect full amount for grant funding ($2.411M) and half the amount of the funding gap ($657,000) all shown in FY2028/29. Total anticipated cost of project is $3.726M. 2 – Total anticipated price of land acquisition for 202.09 acres land and a 7.81 acre access easement is $686,000. Cost shown reflects half of the total purchase price.
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Table 22: Summary of Sewer Capital Improvements
Category FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 4-Year Cost
FY2026/27 to
FY2029/30
Rate Funded Projects
Collection System 0 250,000 410,000 560,000 0 1,220,000 Lift Station 0 200,000 0 0 0 200,000
Facilities & Equip 32,000 100,000 81,000 36,000 39,000 256,000 BAWA [1] [2] 0 0 343,000 657,500 0 1,000,500
Total Rate Funded 32,000 550,000 834,000 1,253,500 39,000 2,676,500
Grant/Loan Funded
Collection System 461,000 4,149,000 0 0 0 4,149,000
Lift Station 0 0 0 0 0 0
Facilities & Equip 0 100,000 0 0 0 100,000
BAWA [1] [2] 300,000 750,000 750,000 611,000 0 2,111,000 Total Grant/Loan
Funded 761,000 4,999,000 750,000 611,000 0 6,360,000
Total All Projects $793,000 $5,549,000 $1,584,000 $1,864,500 $39,000 $9,036,500
1 - State Revolving Funding total for planning and design of new WWTP is $2.411M, leaving a funding gap of $1.315M to complete the project. Costs shown reflect full amount for grant funding ($2.411M) and half the amount of the funding gap ($657,500) all shown in FY2028/29. Total anticipated cost of project is $3.726M.
2 - Total anticipated price of land acquisition for 202.09 acres land and a 7.81 acre access easement is $686,000. Cost shown reflects half of the total purchase price. 167
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5.3.3 Debt Service and Capital Project Funding
As with the water utility, it is proposed that the sewer utility fund a portion of its capital needs via financing. It is proposed that the City issue a $1.35 million loan to fund the lift station building and pipeline improvements. It is assumed that the remainder of the projects will be pay-go funded (i.e. cash funded). This potential future financing will result in a new debt service cost of about $62,000 per year.
The Sewer Fund has no other debt. In addition to the debt service costs, ratepayers will cash fund about $332,000 in capital projects each year. The total annual cost to the ratepayers is $394,000, see Table 23. These costs are proposed to continue into FY2030/31 (i.e. one year beyond the CIP planning horizon) to account for future projects that have not yet been identified.
Table 23: Proposed Sewer CIP Funding
ANNUAL FUNDING
Annual Cost to Ratepayers $394,000
Made up of
Debt Service [1] $62,000
CIP Cash Funding $332,000
TOTAL FUNDING FY2025/26 to FY2029/30
New Debt Proceeds $1,350,000
Cash Funding $1,328,000
Total (goal is $2.677M) [2] $2,678,000
BAWA Reserve $1,000,000
1 - $1.35M loan at 3.375% interest over 40 years compounded annually 2 - The capital funding target is $2.677M. For financial planning purposes and due to rounding, rate revenues will generate about $2.678M through FY2029/30. The excess amount of $1,000 will be deposited into the Sewer Fund reserves and used for the benefit of the ratepayers.
5.3.4 Reserves
The Sewer Fund reserve balance at the start of FY2025/26 is about $2.79 million. Similar to the Water Fund, it is recommended that the Sewer Fund maintain a balance equal to 50% of operations and maintenance costs plus annual debt service costs plus $700,000 of emergency capital costs. The recommended fund target for FY2025/26 is about $1.36 million, meaning existing reserves are well above the target. Over the next five years, it is projected that the Sewer Fund will maintain a strong financial position and conclude FY2030/31 with about $1.7 million in its existing reserve account plus a new BAWA reserve.
In addition to the existing reserve account, it is proposed that the City establish a BAWA consolidation reserve account. The rates recommended in this study will accumulate $1 million for the BAWA reserve by FY2030/31. The new reserve will give the City financial runway to manage construction of the new 168
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treatment plant. It is likely that the treatment plant will be partially grant funded and partially financed.
The City may need funds on hand such as working cash to pay contractors before grant or loan reimbursements are received. The BAWA reserve could also help the City manage cost overruns, unpredictable or high interest rates, and/or fund contingencies.
5.4 Cash Flow Projection
Figure 7 and Table 24 provides the five-year cash flow spanning from FY2025/26 to FY2030/31. From FY2026/27 to FY2027/28, 10% annual rate revenue increases are proposed and from FY2028/29 to FY2030/31, 9% annual rate revenue increases are proposed to fund operating costs, capital costs, future debt service, and accumulate a $1 million BAWA reserve. Rate increases are proposed to take effect each July 1 from 2026 through 2030. The proposed rates and rate design are described in more detail in the following section.
Figure 7: Sewer Cash Flow Chart
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Table 24: Sewer Cash Flow Projection
Budget Projected: Prop 218 Period
FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 FY2030/31 Rate Increase 0% 10% 10% 9% 9% 9%
Beginning Fund Balance [1] $2,786,000 $2,957,700 $2,801,300 $2,698,800 $2,644,800 $2,648,700
REVENUES
Grants 675,000 0 0 0 0 0
Sewer Rate Revenues 1,437,900 1,581,700 1,739,900 1,896,500 2,067,200 2,253,200 Interest 121,800 147,900 140,100 134,900 132,200 132,400 Penalties & Misc Revenues 7,000 7,000 7,000 7,000 7,000 7,000 Total Revenues 2,241,700 1,736,600 1,887,000 2,038,400 2,206,400 2,392,600
EXPENSES
Operating Expenses
Salaries & Benefits 688,200 743,300 802,800 867,000 936,400 1,011,300 New Staff Member 0 50,800 54,900 59,300 64,000 69,100
Utilities 28,400 29,800 31,300 32,900 34,500 36,200
Administration & Lease 22,600 23,700 24,900 26,100 27,400 28,800 Professional Services 71,400 75,000 78,800 82,700 86,800 91,100 Operations 106,700 112,000 117,600 123,500 129,700 136,200 City Cost Plan 165,900 174,200 182,900 192,000 201,600 211,700 BAWA 88,800 93,200 97,900 102,800 107,900 113,300
Depreciation 140,000 147,000 154,400 162,100 170,200 178,700 Subtotal Operating 1,312,000 1,449,000 1,545,500 1,648,400 1,758,500 1,876,400
Net Operating Revenues [2] 254,700 287,600 341,500 390,000 447,900 516,200
Non-Operating Expenses
Capital Improvements [3] 718,000 332,000 332,000 332,000 332,000 332,000 BAWA Reserve 0 0 0 0 0 1,000,000
Capital Equipment 40,000 50,000 50,000 50,000 50,000 50,000 Debt Service [4] 0 62,000 62,000 62,000 62,000 62,000
Subtotal Non-Operating 758,000 444,000 444,000 444,000 444,000 1,444,000
Total Expenses 2,070,000 1,893,000 1,989,500 2,092,400 2,202,500 3,320,400
Total Net Revenues 171,700 (156,400) (102,500) (54,000) 3,900 (927,800)
Ending Fund Balance $2,957,700 $2,801,300 $2,698,800 $2,644,800 $2,648,700 $1,720,900
Target Reserve Balance [5] 1,356,000 1,486,500 1,534,800 1,586,200 1,641,300 1,700,200 Target Met? yes yes yes yes yes yes
Debt Service Coverage 4.64 5.51 6.29 7.22 8.33
See footnotes on the following page
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Notes for Table 24
1 - Estimated FY 2025/26 starting cash balance; includes restricted funds 2 - Does not include loan proceeds or grants
3 - FY2025/26 cost is from the City's approved budget: $300,000 for CIPP disaster funds planning & design, $375,000 for BAWA planning and design, $43,000 pump at lift station, building rehab, VFD at sewer plant. These projects are noted as potentially reimbursable.
4 - For future loan of $1.35M at 3.375% over 40 years
5 - 50% of operating expenses + annual debt service cost + $700,000 of emergency capital funding
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SECTION 6: SEWER COST ALLOCATION
The prior section determined the total cost of providing sewer service to customers. In this section, the cost of service is allocated to rates to fairly recover costs based on how customers use the system, and in any event not to exceed the proportional cost of the sewer service attributable to each parcel.
6.1 Methodology
The revenue requirements of the Sewer Fund and the determination of the sewer flows and loadings of the wastewater utility provide the basis for performing the cost of service analysis. The concept of proportionate allocation to each customer class indicates that allocations should take into consideration the quantity of effluent a customer contributes in addition to the strength of that sewer effluent.
The key factors used to assign sewer utility costs are estimated effluent (flow) going to the wastewater treatment plant and effluent strengths, measured in biochemical oxygen demand (BOD) and total suspended solids (TSS). Higher levels of BOD or TSS equate to increased treatment costs.
6.2 Proposed Cost Allocation
Table 25 provides the results of the cost allocation analysis. Projected sewer operating expenses are allocated to the customer service, flow, BOD, and TSS parameters with FY2026/27 serving as the test year. Most line-items are allocated 60% to flow, 20% to BOD, and 20% to TSS based on an industrytypical methodology. Utility costs are allocated 80% to flow reflecting the increased cost to move sewage throughout the system. The City’s overhead cost allocation expense is also allocated more heavily to flow reflecting the administrative and customer service issues that are more tied to the volume of discharge rather than treatment of pollutants. In total, 62.7% of wastewater utility costs are proposed to be allocated to flow, 18.7% to BOD, and 18.7% to TSS. 172
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Table 25: Sewer Cost Allocation
Expenses
Budget
2026/27 Flow BOD TSS
Operating Expenses
Salaries & Benefits $743,300 60.0% 20.0% 20.0%
New Staff Member $50,800 60.0% 20.0% 20.0%
Utilities $29,800 80.0% 10.0% 10.0%
Administration & Lease $23,700 100.0% 0.0% 0.0%
Professional Services $75,000 60.0% 20.0% 20.0%
Operations $112,000 60.0% 20.0% 20.0%
City Cost Plan $174,200 80.0% 10.0% 10.0%
BAWA $93,200 60.0% 20.0% 20.0%
Depreciation $147,000 60.0% 20.0% 20.0%
Subtotal O&M $1,449,000 $919,680 $264,660 $264,660
Non-Operating Expenses
Capital Projects (TBD) $332,000 60.0% 20.0% 20.0%
(5-year Avg) $199,200 $66,400 $66,400
Debt Service $62,000 60.0% 20.0% 20.0%
(5-year Avg) $37,200 $12,400 $12,400
Total Sewer Expenses $1,843,000 $1,156,080 $343,460 $343,460
Total Cost Allocation 62.7% 18.6% 18.6%
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SECTION 7: SEWER RATE DESIGN
This section describes the development of rates to recover the flow, BOD, and TSS expenses allocated in the prior section.
7.1 Assignment of Sewer EDUs and Proposed Rate per EDU
Like the water rate design, the proposed sewer rate design is based on the allocation of EDUs to various customer classes. For the sewer utility, EDUs are allocated based on estimated sewer flow or discharge expressed in gallons per day (gpd) and pollutant strength expressed as milligrams per liter (mg/l) compared to the flow and strength of a single family residential customer. One sewer EDU is defined as 185 gpd of discharge and 260 mg/l of BOD and TSS. The weighting of these factors and their relative impact on rates is taken from Table 25. The calculation of sewer EDUs per billing unit is provided below.
Table 26: Sewer EDU Calculation
𝐸𝐷𝑈 𝑝𝑒𝑟 𝐵𝑖𝑙𝑙𝑖𝑛𝑔 𝑈𝑛𝑖𝑡 ൌ ி௪ௗ
ଵ଼ହ ௗ
X ሺ62.7% + [18.7% X ை /
ଶ /
]+ [18.7% X ்ௌௌ
ଶ /
] ሻ
BOD – biochemical oxygen demand
EDU – equivalent single family dwelling
gpd – gallons per day
mg/l – milligrams per liter
TSS – total suspended solids
The assignment of EDUs to various customer classes is provided in Table 27 using the equation shown in Table 26. As with the water utility, it is proposed that attached and detached multiple family customers be merged into a single multiple family class. Moreover, about half of the commercial customers will be transitioned into Category A: low strength/low intensity use, Category B: medium strength/medium intensity use, and Category C: high strength/high intensity use. Based on the proposed allocation, the sewer utility will gain about 65 EDUs. The growth in sewer EDUs is due to the new proposed methodology whereby high intensity customers are allocated additional EDUs based on their sewer pollutant strength factors. The change in EDUs is different from the water utility which has a proposed loss of 17 EDUs. Pollutant strength does not factor into the water EDU calculation.
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Table 27: Proposed Sewer EDU Allocation
Flow BOD TSS Proposed
EDUs per
Billing
Unit
Total
EDUs
62.7% 18.7% 18.7%
Customer Class Billing Units Count
gallons
per day mg/L mg/L
RESIDENTIAL
Single Family Residence per dwelling unit 532 185 260 260 1.00 532.0 LI Single Family Senior Residence per dwelling unit 6 135 260 260 0.73 4.4 Multiple Family Residence per dwelling unit 1,392 135 260 260 0.73 1,016.2 LI Multiple Family Senior Residence per dwelling unit 24 100 260 260 0.54 13.0 TOTAL RESIDENTIAL 1,565.6
COMMERCIAL
Rate categories that are proposed to remain the same
Brewery (with pretreatment) 1KBl/Yr 1 40 260 260 0.22 0.2 Car Wash Stall 11 550 260 260 2.97 32.7
Fair Grounds each 1 1400 260 260 7.57 7.6
Gas Station Island 39 100 260 260 0.54 21.1
Hospital Bed 136 70 260 260 0.38 51.7
Hotel Room Each 878 70 260 260 0.38 333.6
Laundry and Laundromat Washer 53 110 550 370 0.77 40.8
School Student 1,959 8 260 260 0.04 78.4
Trailer Dump Facility Each 2 370 260 260 2.00 4.0
New or revised categories
Category A:
Bank, office, gym, industrial,
retail, storage, warehouse
1,000 sq ft 1020 70 150 175 0.33 336.6
Category B:
Auto shop, beauty salon,
bowling alley, church, coffee
shop, frozen yogurt shop,
general commercial, grocery
store, medical office or
veterinarian, meeting hall, mixed
use, theater
1,000 sq ft 448 110 350 350 0.67 300.2
Category C:
fast food, mortuary, restaurant 1,000 sq ft 101 150 800 800 1.44 145.4 TOTAL COMMERCIAL 1,352.3
TOTAL ALL CUSTOMERS 2,917.9
1KBL/Yr – thousand barrels per year Current EDUs 2,853
LI – low income
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The proposed sewer rate per EDU over the next five years is calculated in Table 28. The proposed annual rate revenue calculated in the cash flow in Table 24 is divided by the number of EDUs shown in Table 27.
FY2026/27, total rate revenue is proposed to increase by 10%. However, the rate per EDU is proposed to increase by only about 8% in the first year due to the gain of about 65 EDUs.
Table 28: Sewer Rate per EDU
Current Projected: Prop 218 Period
FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 FY2030/31 Rate Revenue Increase 10% 10% 9% 9% 9%
Rate Revenue (Table 24) $1,437,900 $1,581,700 $1,739,900 $1,896,500 $2,067,200 $2,253,200 Total EDUs 2,853 2,918 2,918 2,918 2,918 2,918
Monthly Rate per EDU $42.00 $45.17 $49.69 $54.16 $59.04 $64.35 8% 10% 9% 9% 9%
7.2 Proposed 5-Year Schedules of Sewer Rates
The proposed five-year residential rate plan is provided in Table 29 and summarized in Figure 8. Current and proposed commercial sewer rates are provided in Table 30. Same as the proposed water rate schedule, the proposed commercial sewer rate schedule includes special circumstance rates that are billed on a $/gallon basis. This rate is for large commercial customers for one-time discharges into the sewer system of domestic strength flow or for other unique circumstances. The rate is calculated as the single family rate divided by 185 gallons of monthly single family flow. 176
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Table 29: Proposed Residential Monthly Sewer Rates ($/dwelling unit) Current Proposed
Class Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030 Single Family $42.00 $45.17 $49.69 $54.16 $59.04 $64.35 8% 10% 9% 9% 9%
Low Income Senior
Single Family
$31.50 $32.97 $36.27 $39.54 $43.10 $46.98
5% 10% 9% 9% 9%
Multiple Family
(detached) $31.50 $32.97 $36.27 $39.54 $43.10 $46.98
5% 10% 9% 9% 9%
Multiple Family
(attached)
$29.40 $32.97 $36.27 $39.54 $43.10 $46.98
12% 10% 9% 9% 9%
Low Income Senior
Multiple Family
(detached)
$23.62 $24.39 $26.83 $29.25 $31.88 $34.75
3% 10% 9% 9% 9%
Low Income Senior
Multiple Family
(attached)
$22.05 $24.39 $26.83 $29.25 $31.88 $34.75
11% 10% 9% 9% 9%
Figure 8: 5-Year Residential Monthly Sewer Rates
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Figure 9 compares the City’s current and proposed July 1, 2026 monthly single family residential sewer bill with other local agencies.
Figure 9: Monthly Sewer Bill Survey
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Table 30: Current and Proposed Monthly Commercial Sewer Rates Current Proposed
Class Billing Unit Rate Class Billing Unit Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030 General Commercial Toilet $39.90 Category A: Bank, gym, industrial, office, retail, storage, warehouse Per 1,000 square feet $14.91 $16.40 $17.87 $19.48 $21.24 Beauty or Barber Shop Each $42.00 Category B [1]: Auto shop, beauty salon, bowling alley, church, coffee shop, frozen yogurt shop, general commercial, grocery store, medical office or veterinarian, meeting hall, mixed use, theater Per 1,000
square feet Church Each $42.00 $30.26 $33.29 $36.29 $39.56 $43.11 Hall Each $42.00 Restaurant Seat $4.20
Category C: Fast food, mortuary, restaurant
Per 1,000
square feet $65.04 $71.55 $77.99 $85.02 $92.66
Restaurant (over 100 seats) Seat $2.10 Restaurant Banquet Room Each $42.00 Restaurant Outside Seat $2.10 General Commercial (mortuary) Toilet $39.90 Brewery 1KBl/Yr $8.40 Same as billing method as current $9.94 $10.93 $11.92 $12.99 $14.16 Car Wash Stall $126.00 Same as billing method as current $134.15 $147.58 $160.86 $175.35 $191.12 Fair Grounds Each $294.00 Same as billing method as current $341.94 $376.15 $409.99 $446.93 $487.13 Gas Station Island $16.80 Same as billing method as current $24.39 $26.83 $29.25 $31.88 $34.75 Hospital Bed $14.70 Same as billing method as current $17.16 $18.88 $20.58 $22.44 $24.45 Hotel Room Each $10.30 Same as billing method as current $17.16 $18.88 $20.58 $22.44 $24.45 Laundromat Washer $29.40 Same as billing method as current $34.78 $38.26 $41.70 $45.46 $49.55 School Student $1.68 Same as billing method as current $1.81 $1.99 $2.17 $2.36 $2.57 Trailer Dump Facility Each $84.00 Same as billing method as current $90.34 $99.38 $108.32 $118.08 $128.70 Closed Business Each $42.00 Billed at 80% of applicable rates listed above [2] Special Circumstance Per gallon New $0.24 $0.27 $0.29 $0.32 $0.35 1KBL/Yr – thousand barrels per year 1 - Cafes, coffee shops, frozen yogurt shops, and gas stations that primarily serve prepackaged food, do not have grease traps, and do not cook fresh food onsite are included in Category B. 2 - Closed businesses with intact service connections will be billed 80% of the applicable rate the business would have been billed as an active business. 179
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Water and Sewer Rate Study 2026
Table 31 provides bill impacts for commercial customers that fall into rate categories that are not proposed to change (i.e. non-Category A, B, or C customers). Table 32 provides examples of bill impacts for commercial customers that fall into Categories A, B, and C which are proposed to change.
Table 31: Commercial Sewer Bill Impacts
Class Billing Unit
Current
Rate
Proposed July 1,
2026 Rate % Change
Brewery 1KBl/Yr $8.40 $9.94 18%
Car Wash Stall $126.00 $134.15 6%
Fair Grounds Each $294.00 $341.94 16%
Gas Station Island $16.80 $24.39 45%
Hospital Bed $14.70 $17.16 17%
Hotel Room Each $10.30 $17.16 67%
Laundromat Washer $29.40 $34.78 18%
School Student $1.68 $1.81 8%
Trailer Dump Facility Each $84.00 $90.34 8%
1KBL/Yr – thousand barrels per year
Table 32: Example Category A, B, and C Commercial Sewer Bill Impacts Current Proposed – July 1, 2026
Billing
Units
Monthly
Rate ($/toilet
or seat)
Total
Bill
Billing
Units
Monthly Rate
($/1,000 sq ft)
Total
Bill
Category A
3,000 sq ft office with 2 2 X $39.90 $79.80 3,000 X $14.91 $44.73 toilets toilets sq ft
Change from Current -44%
Category B
25,000 sq ft grocery store 10 X $39.90 $399.00 25,000 X $30.26 $756.50 with 10 toilets toilets sq ft
Change from Current 90%
Category C
8,000 sq ft restaurant with 90 X $4.20 $378.00 8,000 X $65.04 $520.32 90 seats Seats sq ft
Change from Current 38%
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Water and Sewer Rate Study 2026
7.3 Combined Bill Impacts
Table 33 provides combined monthly water and sewer single family residential bill impacts over the fiveyear rate study period. Figure 10 provides a survey comparing the City of Bishop’s combined water and sewer single family residential bill with other local agencies. Table 34 provides combined monthly water and sewer commercial bill impacts for three example customers that fall into rate categories which are proposed to change (i.e. Category A, B, and C customers).
Table 33: Combined Single Family Residential Bill Impacts Proposed Monthly Combined Water and Sewer Bill
Current Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030 Water Bill $33.00 $45.48 $54.57 $62.76 $68.41 $74.56
Sewer Bill $42.00 $45.17 $49.69 $54.16 $59.04 $64.35
Total $75.00 $90.65 $104.26 $116.92 $127.45 $138.91
% Change 20.9% 15.0% 12.1% 9.0% 9.0%
Figure 10: Combined Monthly Bill Survey
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Water and Sewer Rate Study 2026
Table 34: Example Combined Commercial Bill Impacts
3,000 sq ft office with 2 toilets
Current Proposed – July 1, 2026
Billing
Units
Monthly
Rate
($/toilet)
Total Bill Billing Units
Monthly Rate
Category A
($/1,000 sq ft)
Total Bill
Water 2 toilets X $31.35 $62.70 Water 3,000 sq ft X $15.59 $46.77 Sewer 2 toilets X $39.90 $79.80 Sewer 3,000 sq ft X $14.91 $44.73 Total Current Monthly Bill $142.50 Total Proposed July 1, 2026 Monthly Bill $91.50
Change from Current -36%
25,000 sq ft grocery store with 10 toilets
Current Proposed – July 1, 2026
Billing
Units
Monthly
Rate
($/toilet)
Total Bill Billing Units
Monthly Rate
Category B
($/1,000 sq ft)
Total Bill
Water 10 toilets X $31.35 $313.50 Water 25,000 sq ft X $22.74 $568.50 Sewer 10 toilets X $39.90 $399.00 Sewer 25,000 sq ft X $30.26 $756.50 Total Current Monthly Bill $712.50 Total Proposed July 1, 2026 Monthly Bill $1,325.00
Change from Current 86%
8,000 sq ft restaurant with 90 seats
Current Proposed – July 1, 2026
Billing
Units
Monthly
Rate
($/seat)
Total Bill Billing Units
Monthly Rate
Category C
($/1,000 sq ft)
Total Bill
Water 90 seats X $3.30 $297.00 Water 8,000 sq ft X $28.59 $228.72 Sewer 90 seats X $4.20 $378.00 Sewer 8,000 sq ft X $65.04 $520.32 Total Current Monthly Bill $675.00 Total Proposed July 1, 2026 Monthly Bill $749.04
Change from Current 11%
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APPENDIX A
APPENDIX A
City of Bishop Municipal Code Regrading Low Income Senior Discounts CHAPTER 13.04. - WATER FACILITIES CHARGES AND REGULATIONS
13.04.091. - Low-income senior citizen rate reductions.
A. Any qualifying applicant who uses water services at the applicant's personal residence may apply for a 25 percent reduction in the monthly water service charge respecting use at that residence only.
Applications for reduced rates shall be on forms supplied by the city. All information required to be given on such forms shall be supplied by the applicant under penalty of perjury.
B. Reduced rates shall be granted qualifying applicants who receive a bill for service directly from the city and file their applications with the finance director.
C. For the purposes of this section, a "qualifying applicant" is any person 65 years of age or older who is a member of a household and who has a verifiable gross income of no more than that specified by the U.S. Department of Housing and Urban Development as "very low income" for the county.
D. The finance director may adopt such rules and regulations, not inconsistent herewith, which the director deems necessary to properly carry out the provisions of this section. (Code 1985, § 13.04.091; Ord. No. 508, § 1(part), 2004) CHAPTER 13.08. - SEWER FACILITIES CHARGES AND REGULATIONS
13.08.061. - Low-income senior citizen rate reductions.
A. Any qualifying applicant who receives sewer services at the applicant's personal residence may apply for a 25 percent reduction in the monthly unit sewer service charge respecting use at the residence only.
Applications for reduced rates shall be on forms supplied by the city. All information required to be given on such forms shall be supplied by the applicant under penalty of perjury.
B. Reduced rates shall be granted qualifying applicants who receive a bill for service directly from the city and file their applications with the finance director.
C. For the purposes of this section, a "qualifying applicant" is defined as any household occupied by a person 65 years of age or older who is a member of a household and who has a verifiable gross income of no more than that specified by the U.S. Department of Housing and Urban Development as "very low income" for the county.
D. The finance director may adopt such rules and regulations, not inconsistent herewith, which the director deems necessary to properly carry out the provisions of this section. (Code 1985, § 13.08.061; Ord. No. 508, § 1(part), 2004; Ord. No. 509, § 1 (part), 2004) 183
Agenda Item: 11.A
Date of Meeting: February 23, 2026
Department: Finance
To: City Council
From: Ethan Aukee
Subject: Direction on Updates to the City's Water and Sewer Utility Rate Assistance Program
Prepared On: February 13, 2026
STAFF REPORT
Background/History:
The City of Bishop currently offers a reduced water and sewer rate for qualifying low-income senior citizens under Title 13 of the Bishop Municipal Code. The existing code provisions limit eligibility to customers aged 65 or older who meet specified income thresholds and other requirements.
Based on previous feedback from City Council, staff has been evaluating updates to this program to better align it with current community needs, administrative best practices, and legal considerations related to enterprise utility funding and Proposition 218. In particular, staff has been developing a framework to:
Transition the program from an age and income-based discount to solely an incomebased assistance program; Use enrollment in established state and federal assistance programs as the basis for eligibility verification, rather than creating a new local income verification system; and Provide assistance in a manner that is transparent, predictable, and legally defensible for the City's water and sewer enterprise funds.
Analysis/Discussion:
1. Removing the "Senior" Requirement in Title 13
Under the current Bishop Municipal Code, eligibility for reduced water and sewer rates is limited to low-income senior citizens pursuant to BMC Sections 13.04.091 (Water) and
13.08.061 (Sewer). These sections restrict eligibility to customers aged 65 or older who meet specified income and administrative requirements.
Staff is proposing that the City consider revising these sections of Title 13 to remove the agebased requirement and instead base eligibility solely on income qualification, as verified 184
through participation in specified assistance programs. As part of this update, staff would also propose to clarify and modernize the code language to more clearly reflect existing practice (e.g., explicitly referencing the customer of record), without changing the underlying intent of the program.
This change would:
Expand eligibility to low-income households regardless of age; Align the City's program with common utility assistance models used by other agencies; and
Simplify administration by relying on existing eligibility determinations made by other programs.
Importantly, the proposed changes would not alter the core structural requirements of the program. The following elements would remain in place:
The qualifying applicant must be the customer of record for the utility account (currently described in the code as the applicant who "receives a bill for service"); The discount would apply only to residential utility service; and The assistance would apply only to the applicant's primary residence where the customer resides.
Council direction is needed on whether to proceed with this policy shift and instruct staff to prepare a formal ordinance amendment for consideration.
2. Eligibility Verification Through Existing Assistance Programs Rather than creating a standalone City income verification process, staff proposes using enrollment in existing income-qualified programs as proof of eligibility. Staff is considering the following programs:
California Alternate Rates for Energy (CARE)
Family Electric Rate Assistance (FERA)
CalFresh (SNAP)
Medi-Cal
Supplemental Security Income (SSI)
Social Security Disability Insurance (SSDI)
Using these programs as eligibility qualifiers reduces administrative burden, avoids duplicative income reviews, and relies on established state and federal vetting processes. Acceptable programs should be set by resolution.
Council direction is requested on which programs should be accepted for eligibility verification and instruct staff to prepare a resolution to adopt those programs.
3. Structure and Amount of the Assistance Benefit
Currently, the Municipal Code provides a 25% reduction in applicable charges for qualifying low-income seniors. Staff is recommending a discount structure based on a percentage reduction in applicable charges rather than a fixed dollar amount discount structure. Prior to 185
program initiation, it is difficult to forecast the extent of customer participation and its effect on the amount of a General Fund subsidy required to carry out the program.
For conceptual purposes, assuming the program discount remains at a 25% rate, staff roughly estimate participation and financial impacts for budgeting purposes in 26-27 as follows:
120 Single Family Residential Participating Customers
$130,536.00 of annual revenue
$32,634.00 of annual discount
12 Multi Family Residential Participating Customers (Potential for 88 billed unit charges) $70,498.56 of annual revenue
$17,624.64 of annual discount
$50,258.64 of annual discount and General Fund subsidy budget in 26-27. Participation levels are uncertain and this amount is forecasted to the best of staff's current ability. A few assumptions were and should be made:
This calculation is made assuming that the City charges the 26-27 proposed utility rates in fiscal year 26-27. All subsidy budgeting would be based on actual rates charged in a given fiscal year.
In years subsequent to program implementation, forecasting would become more accurate and program planning would improve.
Proposed utility rates increase year over year, the subsidy associated with a percentagebased program would increase at the same rate as the utility rates. In other words, one should expect that the budget for a General Fund subsidy will increase year over year if the program is implemented and the proposed rates are adopted.
Council direction is requested on the appropriate level of assistance.
These policy choices will guide staff in finalizing the program design and preparing the necessary ordinance, resolution, and administrative documents for Council consideration at a future meeting.
Impacts to Council Goals and Strategic Planning Priorities:
The utility rate assistance program was not contemplated during strategic planning meetings.
Budget Impacts:
This item is for policy direction only and does not approve or fund any specific assistance level at this time. However, the level of assistance ultimately established by the City Council will have a direct fiscal impact on the General Fund, as the utility rate assistance program will be funded from non-enterprise fund sources. The actual budget impact will depend on the benefit structure, amount of assistance approved by Council, and the number of participating customers.
Legal Review:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
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Recommended Action:
City Council to provide direction to staff regarding:
1. Revising Title 13 of the Bishop Municipal Code to remove the "senior citizen" requirement and transition the program to a low-income, income-qualified assistance program;
2. Identifying which existing income qualified assistance programs shall be used to verify eligibility, to be established by resolution; and
3. Determining the structure and amount of the utility rate assistance benefit (currently 25% for qualifying low-income seniors).
Approved By: Ethan Aukee 2/13/2026
Approved By: Robin Picken 2/17/2026
Approved By: Pam Foster 2/18/2026
Approved By:
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Agenda Item: 11.B
Date of Meeting: February 23, 2026
Department: Administration
To: City Council
From: Pam Foster
Subject: Consideration of an Ad Hoc Committee to Meet with the Bishop Area Chamber of Commerce and Visitor's Center
Prepared On: February 18, 2026
STAFF REPORT
Background/History:
The City and the Bishop Area Chamber of Commerce and Visitor’s Center have historically worked together on initiatives that support economic development, tourism, community events, and the overall vitality of the Bishop community.
Over time, communication gaps and differing expectations have highlighted the need for renewed dialogue and relationship-building. Establishing an ad hoc committee could provide a focused and efficient way to initiate conversations and identify opportunities for improved coordination moving forward.
Analysis/Discussion:
Ad hoc committees are commonly used by councils for short-term, targeted purposes. They are limited in scope and duration and typically dissolve once the assigned task has been completed. If it is determined this committee is effective, it could become a long term committee assignment.
Impacts to Council Goals and Strategic Planning Priorities:
Strong communication with community groups are beneficial for achieving City goals.
Budget Impacts:
There are no fiscal impacts.
Legal Review:
Legal review is not required for this item.
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Recommended Action:
Staff recommends the City Council consider whether to create a two-member ad hoc committee, as requested by Mayor Pro Tem Freundt, to meet with the Bishop Area Chamber of Commerce and Visitor’s Center. If the Council approves the ad hoc committee, Council should also appoint who should serve on that committee.
Approved By: Pam Foster 2/18/2026
Approved By:
Approved By:
Approved By:
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Agenda Item: 11.C
Date of Meeting: February 23, 2026
Department: Community Services
To: City Council
From: Dan McElroy
Subject: Council Discussion on Six-Court Pickleball Layout for the Lower Courts
Prepared On: February 18, 2026
Attachments: Bishop Pickleball Layout
STAFF REPORT
Background/History:
At the Bishop City Council meeting held on January 26th, 2026, the City Council held a discussion regarding the striping of the Upper Courts. Through public input gained during this discussion, the City Council gave staff direction to investigate the potential of adding six pickleball courts to the Lower Courts. Per City Council direction, staff reached out to Bishop Union High School Tennis to see if there was any conflict with the layout of six pickleball courts. Staff was also asked the reach out to the Bishop Pickleball Group to look at the layout of six courts. The findings from Bishop Union High School are that the pickleball lines will not affect High School Tennis play, if the lines are a different color. The findings from the Bishop Pickleball Group are that the six-court layout would be possible, if some adjustments are made to create distance form court to court, and would also recommend looking into court dividers and some modifications to the portable pickleball nets to accommodate all six courts.
Analysis/Discussion:
The City Park is a place for many user groups and includes different Paddle Sports that use the Park Courts. Through the Community Service staff investigation, the findings are that a six-court layout on the lower courts would be possible and will provide for more use at our existing courts. Attached is the six-court layout on the Lower Courts provided by the Bishop Pickleball Group. Staff would recommend moving forward with this layout knowing that some modifications will need to be made to accommodate for a six-court layout.
Impacts to Council Goals and Strategic Planning Priorities:
Through these discussions, we are gaining input from the public on future items in the Strategic Plan and Parks Master Plan.
Budget Impacts:
There are no budget impacts.
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Legal Review:
Recommended Action:
Provide staff direction on the striping of the Upper and Lower courts.
Approved By: Pam Foster 2/18/2026
Approved By:
Approved By:
Approved By:
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Agenda Item: 11.D
Date of Meeting: February 23, 2026
Department: Public Works
To: City Council
From: Nora Gamino
Subject: Consideration of Draft Amended and Restated Joint Powers Agreement for the Bishop Area Wastewater Authority
Prepared On: February 19, 2026
Attachments: Current BAWA JPA
Draft Amended and Restated BAWA JPA
Ad-Hoc Committee Meeting Minutes
STAFF REPORT
Background/History:
The proposed Amended and Restated Joint Powers Agreement (JPA) is the culmination of a multi-year policy discussion regarding the future governance of the Bishop Area Wastewater Authority (BAWA) and the potential addition of the Bishop Paiute Tribe as a Member Agency.
Discussion of the Tribe becoming a formal member of BAWA began several years ago, with the Tribe’s first formal request to join the Authority presented at a BAWA Board meeting on January 16, 2024. Following that request, the BAWA Board held a series of policy discussions regarding potential Tribal inclusion and its implications for BAWA’s governance and operations, including meetings on May 7, 2024 and September 17, 2024. After continued discussion and consideration, the BAWA Board, at its December 17, 2024 meeting, voted to initiate the formal process to add the Bishop Paiute Tribe to the JPA.
Following that direction, each of the three agencies, the City of Bishop, Eastern Sierra Community Service District (ESCSD), and the Bishop Paiute Tribe, identified their respective representatives and alternates to serve on an ad-hoc JPA Revision Negotiations Committee.
The purpose of this committee was to negotiate and recommend revisions to the JPA that would both accommodate the addition of the Tribe as a Member Agency and update the agreement to reflect BAWA’s evolving regional role.
Prior to convening the ad-hoc committee, legal counsel for each agency was engaged to conduct an initial legal review of the existing JPA and to identify key legal and policy issues associated with revising the agreement. This legal review process was largely completed around August 2025.
The ad-hoc committee met between October and December 2025 to review the JPA section193 by-section, incorporate legal counsel feedback, and develop consensus recommendations on core policy and governance issues, including the Authority’s purpose, board composition and voting thresholds, funding and cost-sharing concepts, land and asset ownership, and provisions necessary to support the Tribe’s participation, including a limited waiver of sovereign immunity.
The current draft Amended and Restated JPA represents the committee’s negotiated working draft and is now being presented to each Member Agency’s governing body for feedback and consideration. Following receipt of comments from the governing bodies, the ad-hoc committee will reconvene to review that feedback and, as necessary, negotiate and refine the agreement before a final version is presented to each agency’s governing body for formal consideration and approval.
Analysis/Discussion:
The ad-hoc JPA Revision Negotiations Committee met on October 9, November 13, and December 11, 2025 to review the agreement section-by-section, incorporate legal counsel feedback, and reach consensus on key policy and governance issues. The committee used these meetings to (1) refine the Authority’s purpose, (2) design a governance structure that ensures balanced representation, (3) discuss funding and cost-sharing concepts, (4) address land and asset ownership considerations, and (5) finalize provisions necessary for the Tribe’s participation, including a limited waiver of sovereign immunity. The resulting draft reflects the committee’s consensus positions and is now being advanced for governing body consideration.
Key changes in the amended and restated JPA:
1. Addition of the Bishop Paiute Tribe as a Member Agency.
The revised JPA expands BAWA from a two-party agreement (City and ESCSD) to a three-party regional authority by adding the Bishop Paiute Tribe as a full member. This change updates definitions, notice provisions, and governance sections to reflect three participating agencies.
2. Governance structure and voting thresholds.
The Board of Directors is expanded to six members, with two representatives from each Member Agency. The agreement introduces a Supermajority requirement (five of six votes) for Board actions and defines a Supermajority as the quorum. These changes were the result of deliberate discussion about avoiding tie votes and ensuring that major decisions require broad, cross-agency consensus.
3. Broadened, future-focused purpose of the Authority.
The prior JPA listed a series of specific projects (e.g., irrigation system, land acquisition, ponds, monitoring wells). The amended JPA replaces that project list with a broader “umbrella” purpose: to jointly plan, finance, design, construct, operate, maintain, and manage regional wastewater treatment and disposal facilities and related infrastructure.
The committee intentionally selected this approach to avoid constraining BAWA’s mission to a fixed list of projects and to better support long-term regionalization efforts.
4. Funding and cost-sharing framework (policy direction).
The committee discussed the need for a clear and equitable approach to funding BAWA’s administrative and project costs, including reference to models used by other regional JPAs (such as ESCOG). While the JPA retains annual budget approval as the primary mechanism for allocating costs, the committee reached conceptual agreement on a base administrative contribution shared among the three agencies and continued use of the budget process for project-specific allocations. This preserves flexibility while 194
establishing an expectation of equitable participation.
5. Land and asset ownership framework.
The committee evaluated multiple options for how land and future assets should be owned and what would occur upon withdrawal or dissolution. Based on legal input, the group concluded that BAWA holding land and future assets jointly is the most practical long-term structure, and the draft JPA reflects this approach.
6. Limited waiver of sovereign immunity and venue provisions.
Because the Tribe is a party to the agreement, the amended JPA includes a detailed, limited waiver of sovereign immunity for the specific purpose of enforcing the agreement, along with defined venues for dispute resolution. This provision was flagged for legal review in October and subsequently approved by the Tribe’s counsel and accepted into the draft. This is a substantive legal addition necessary to ensure enforceability of the agreement among all parties.
In combination, these changes transform BAWA from a project-focused, two-party arrangement into a three-party regional governance entity with a broader mission, a larger and more balanced board, and higher consensus thresholds for decision-making. The revised JPA reflects both the technical and policy discussions of the ad-hoc committee and is intended to provide a durable governance framework for the planning, development, and operation of a regional wastewater treatment system serving the Bishop area.
Impacts to Council Goals and Strategic Planning Priorities:
Objective 3.6 of the Strategic Plan specifically calls for establishment of a new JPA that includes the Bishop Paiute Tribe as a member.
Budget Impacts:
This item is not associated with a specific budget action. Any future financial commitments related to BAWA governance, administration, or capital projects would be subject to separate Council review and approval through the budget process.
Legal Review:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
Recommended Action:
Provide direction and comments on the draft Amended and Restated BAWA Joint Powers Agreement for return to the ad-hoc committee.
Approved By: Ethan Aukee 2/19/2026
Approved By: Robin Picken 2/19/2026
Approved By: Pam Foster 2/19/26
Approved By:
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BISHOP AREA WASTEWATER AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT ("Agreement"), is made and entered into by and between the EASTERN SIERRA COMMUNITY SERVICE DISTRICT ("ESCSD"), organized and existing under the Community Services District Law, Government Code section 61000 et seq. and the CITY OF BISHOP ("Bishop"), organized and existing as general law city under the general laws of the state of California. ESCSD and Bishop are sometimes referred to in this Agreement individually as a "Party" and collectively as the "Parties."
RECITALS
A. Each Party to this Agreement is a public agency authorized and empowered to contract for the joint exercise of powers under Articles 1 through 4, Chapter 5, Division 7, Title 1 ( commencing with Section 6500) of the Government Code of the State of California; and B. The Eastern Sierra Community Service District ("ESCSD") was formed in 1977 for the purposes of providing wastewater collection, treatment and disposal services within its boundaries; and
C. ESCSD owns and operates a wastewater collection and treatment system, including a wastewater treatment plant, which plant has a treatment capacity of 0.85 million gallons per day ("MGD") ("ESCSD Treatment Plant");
D. The City of Bishop ("Bishop") was incorporated in 1903, and among other municipal services, provides wastewater collection, treatment, and disposal services within the majority of its boundaries; and
E. Bishop owns and operates a wastewater collection and treatment system, including a wastewater treatment plant, which plant has a treatment capacity of approximately 1.6 MGD ("Bishop Treatment Plant"); and
F. Because of the close proximity of the ESCSD Treatment Plant to the Bishop Treatment Plant (together the "Plants"), ESCSD and Bishop have in the past determined it efficient and cost effective to explore opportunities for collaboration and coordination regarding future expansion of the Plants, and other joint projects to facilitate operation and management of their respective wastewater collection and treatment systems; and G. Additionally, ESCSD and Bishop have jointly met with the Lahontan Regional Water Quality Control Board regarding future regulatory requirements impacting the Bishop and ESCSD wastewater collection and treatment systems for purposes of further identifying opportunities for collaboration and coordination on future projects; and H. To this end ESCSD and Bishop have conducted the following joint studies ("Joint Studies"):
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1 BISHOP AREA WASTEWATER AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT POWERS AGREEMENT (“Agreement”), first made and entered into as of June 25, 2020 and amended and restated effective __________, is made and entered into by and between the EASTERN SIERRA COMMUNITY SERVICE DISTRICT (“ESCSD”), organized and existing under the Community Services District Law, Government Code section 61000 et seq., the CITY OF BISHOP (“Bishop”), organized and existing as general law city under the general laws of the state of California, and the Bishop Paiute Tribe (“Tribe”), a federally recognized tribe.
ESCSD, Bishop, and the Tribe are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
RECITALS
A. Each Party to this Agreement is a public agency authorized and empowered to contract for the joint exercise of powers under Articles 1 through 4, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California; and B. The Eastern Sierra Community Service District (“ESCSD”) was formed in 1977 for the purposes of providing wastewater collection, treatment and disposal services within its boundaries; and
C. ESCSD owns and operates a wastewater collection and treatment system, including a wastewater treatment plant, which plant has a treatment capacity of 0.85 million gallons per day (“MGD”) (“ESCSD Treatment Plant”); and
D. The City of Bishop (“Bishop”) was incorporated in 1903, and among other municipal services, provides wastewater collection, treatment, and disposal services within the majority of its boundaries; and
E. Bishop owns and operates a wastewater collection and treatment system, including a wastewater treatment plant, which plant has a treatment capacity of approximately 1.6 MGD (“Bishop Treatment Plant”); and
F. Because of the close proximity of the ESCSD Treatment Plant to the Bishop Treatment Plant (together the “Plants”), ESCSD and Bishop have in the past determined it efficient and cost effective to explore opportunities for collaboration and coordination regarding future expansion of the Plants, and other joint projects to facilitate operation and management of their respective wastewater collection and treatment systems; and G. Additionally, ESCSD and Bishop have jointly met with the Lahontan Regional Water Quality Control Board regarding future regulatory requirements impacting the Bishop and ESCSD wastewater collection and treatment systems for purposes of further identifying opportunities for collaboration and coordination on future projects; and H. To this end ESCSD and Bishop have conducted the following joint studies (“Joint Studies”):
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2 • Inter-System Sewer Connections Feasibility Study, R.O. Anderson, 2009 • Feasibility Report for Joint Treatment and Nutrient Removal, R.O. Anderson, 2016 • Land Area Calculations for Irrigation Alternatives – Resource Concepts Inc. (RCI), 2019
• Engineering Report for Production, Distribution, and Use of Recycled Water, Lumos & Associates, 2021
• Biological Resources Constraints Analysis for the BAWA Irrigation Project, Letter Report, HELIX Environmental Planning, 2021
• BAWA Revised Report of Waste Discharge Form 200 Section VI, Lumos & Associates, 2021
• BAWA Wastewater Treatment Plant Flow Assessment, Lumos & Associates, 2023 • BAWA Wastewater Treatment Plant Preliminary Engineering Report, Lumos & Associates, 2025
I. The Joint Studies have identified various opportunities for collaboration and coordination, including but not limited to interconnection of the Plants to facilitate treatment of wastewater collected within both ESCSD’s and Bishop’s service areas, and the proposed Irrigation and Nutrient Removal Improvement Project; and J. ESCSD and Bishop have also previously collaborated for the benefit of their respective residents as memorialized in various agreements, including, but not limited to, the “Agreement Respecting Sewer Services” dated May 1994, and the “Agreement to Furnish Water to Eastern Sierra Community Service District Wastewater Treatment Plant” dated April 2004; and
K. ESCSD and Bishop desire to build upon the past joint efforts to pursue both the interconnection of the Plants to facilitate treatment of wastewater into one combined Plant; and
L. Recognizing the regional significance of a regional wastewater treatment facility, both Bishop and the ESCSD will consider opportunities for other governments to share in operational decision making for the Plants, including the potential design, construction and operation of a combined Plant.
M. The Bishop Paiute Tribe contributes wastewater flow to the ESCSD plant, recognizes the significance of a single combined Plant and wish to enter into agreement with Bishop and ESCSD to share in decision making for the Plants, including the potential design, construction and operation of a combined Plant.
N. The Parties to this Agreement believe that by working together in the framework of this authority, the future role of the combined Plant in facilitating economic development will be protected and enhanced.
O. The Parties believe that the best way to achieve their joint goals in a way that is mutually 211
3 beneficial is to form a joint powers agency under Articles 1 through 4, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California (“Joint Exercise of Powers Act”); and
P. By forming a joint powers agency (“JPA”) under the Joint Exercise of Powers Act, the Parties believe they will be better able to, through a separate JPA, oversee and manage the planning and implementation, including but not limited to construction, operation and administration of, the interconnection of the Wastewater Treatment Plant into one facility.
NOW THEREFORE, in consideration of the above Recitals and of the mutual promises and agreements contained herein, the Parties agree as follows:
ARTICLE 1
GENERAL PROVISIONS
1.1 Definitions. Unless the context otherwise requires, the words and terms defined in this Section 1.1 shall, for the purposes of this Agreement, have the meanings herein specified.
1.1.1 Act means Articles 1 through 4, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of powers common to public agencies.
1.1.2 Administrator means the Member Agency designated by the Board of Directors to manage and administer the Authority.
1.1.3 Agreement means this Joint Exercise of Powers Agreement.
1.1.4 Annual Budget means the budget adopted pursuant to Section 6.2.2 of this Agreement.
1.1.5 Authority means the Bishop Area Wastewater Authority, which is created by this Agreement.
1.1.6 Board or Board of Directors means the Board of Directors referred to in ARTICLE 2 ARTICLE 2of this Agreement, which is the governing body of the Authority.
1.1.7 Director means a member of the Board appointed to the Board pursuant to Section
2.2 of this Agreement.
1.1.8 Effective Date means June 25, 2025 when this Agreement was first effective between ESCSD and Bishop. This amended and restated Agreement shall be effective on the last date on which all Parties to this Agreement have executed the amended and restated Agreement.
1.1.9 Member Agency(ies) means ESCSD, Bishop, Tribe and any other entity added to this Agreement by a subsequent amendment.
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4 1.1.10 Member of the Board or Board Member means and includes any duly appointed Director, Chair and/or Vice-Chair of the Board.
1.1.11 Operator means the Member Agency designated by the Board of Directors to provide operation, maintenance, and similar services to the Authority.
1.1.12 Party(ies) means those entities who have executed this Agreement or any Amendment to this Agreement and who have not withdrawn from the Authority.
1.1.13 Supermajority means at least five (5) members of the Board.
1.2 Purpose. The purpose of this Agreement is to establish the Bishop Area Wastewater Authority (“Authority”), provide for its administration, and enable the Parties to jointly plan, finance, design, construct, operate, maintain, and manage regional wastewater treatment and disposal, and related facilities and infrastructure serving the Bishop area.
In carrying out this purpose, the Authority may take any actions necessary or appropriate to advance a regional wastewater system, including, but not limited to, (1) securing land or access rights; (2) developing and implementing regional wastewater facilities and improvements; (3) utilizing, managing, and improving existing and future effluent disposal areas; and (4) engaging with regulatory agencies regarding permitting, compliance, funding, and operational matters.
Nothing in this Agreement impacts or transfers the ownership of the existing wastewater collection and treatment systems, treatment plants, or existing discharge acreage of either Party.
1.3 Creation of Authority. Pursuant to the Act, there is hereby created a public entity known as the “Bishop Area Wastewater Authority.” The Authority shall be a public entity separate and apart from the Member Agencies and shall administer this Agreement.
1.4 Term. The term of this Agreement shall commence on the Effective Date and shall continue until terminated by the Parties as provided in Article 7 of this Agreement.
1.5 Powers of Authority
1.5.1 General Powers. The Authority shall exercise, in the manner herein provided, the powers common to the Member Agencies, powers otherwise permitted under the Act, and powers necessary to accomplish the purposes of this Agreement, subject however to such limitations as are applicable to the ESCSD under the provisions of the Community Services District Law, Government Code section 61000 et seq., as required by Government Code section 6509.
1.5.2 Specific Powers. Subject to the limitations set out in Section 1.5.1, the Authority is hereby authorized, in its own name, to do all acts necessary, convenient and appropriate for the exercise of the foregoing powers for the purposes set forth in this Agreement and to do any or all of the following:
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5 (a) To make and enter contracts;
(b) To employ agents and employees;
(c) To lease, acquire, construct, manage, maintain or operate any building, works or improvements;
(d) To acquire, hold or dispose of real or personal property; (e) To incur debts, liabilities or obligations, which do not constitute a debt, liability or obligation of any Member Agency;
(f) To receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations, and governmental entities, provided that the Authority consents to such gifts, contributions and donations;
(g) To fix the compensation, if any, paid to the Board of Directors, Secretary, Treasurer, Controller and Attorney, in compliance with all applicable laws; (h) To prescribe the duties, compensation and other terms and conditions of employment of other agents, officers and employees;
(i) To adopt reasonable rules and regulations for the conduct of the day-to-day operations of the Authority;
(j) To apply for, accept, receive and disburse grants, loans and other aid from any agency of the United States of America or of the State of California; (k) To sue and be sued in its own name;
(l) To invest money in the treasury, pursuant to Government Code section 6505.5, that is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same manner and on the same conditions as local agencies, pursuant to Section 53601 of the Government Code;
(m) To carry out and enforce all provisions of this Agreement; (n) To provide for the provision of services both inside and outside of the boundaries of the Authority, pursuant to Government Code sections 61100 and 61101; and
(o) To exercise any and all powers which are provided for in the Act and in Government Code section 6584 et seq. including, without limitation Government Code section 6588, as they exist on the Effective Date of this Agreement or may hereafter be amended; and
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6 (p) To exercise any and all powers, whether or not specifically enumerated herein above, which are provided for in Government Code sections 61060 through 61070, inclusive, as they exist on the Effective Date of this Agreement or as may hereafter be amended.
ARTICLE 2
BOARD OF DIRECTORS
2.1 Creation. The Authority shall be governed by a board of six (6) members, which is hereby established and which shall be composed of two (2) representatives appointed from each Member Agency. The governing board shall be known as the “Board of Directors of the Bishop Area Wastewater Authority.” All voting power shall reside in the Board.
2.2 Members of the Board of Directors.
2.2.1 Directors Appointed. Upon the Effective Date of this Agreement, each Member Agency which has not already done so shall designate and appoint, by resolution or minute order of its governing body, two (2) members of its governing body to act as its representatives on the Board of Directors, and up to two (2) alternates. The alternates appointed by each Member Agency shall have the authority to attend, participate in and vote at any meeting of the Board when the regular member is absent.
2.2.2 Membership. Each Director and alternate of the Board of Directors shall serve until a successor is appointed; provided, however, each Director and alternate serves at the pleasure of the appointing Member Agency’s governing body and may be removed at any time, with or without cause, at the sole discretion of the appointing Member Agency governing body. If a Director or alternate’s membership on the appointing Member Agency’s governing body ceases, his or her membership on the Board shall also cease.
Board Compensation. The Board shall serve without compensation from the Authority. Compensation may be provided as approved by the Member Agencies appointing each Director and alternate, and any such compensation will be the responsibility of the Member Agency.
2.3 Powers of the Board. All the power and authority of the Authority shall be exercised by the Board of Directors.
2.4 Provision for Bylaws. The Board may cause to be developed and may adopt, from time to time, such bylaws for the Authority to govern its day-to-day operations. Each Member Agency shall receive a copy of any bylaws developed and adopted under this Section.
ARTICLE 3
MEETINGS OF THE BOARD
3.1 Meetings. The Board shall provide for its regular meetings by resolution; provided, however, that at least one regular meeting shall be held each fiscal quarter. The date, hour 215
7 and place of the regular meetings shall be fixed by Resolution of the Board and filed with the governing body of each of the Member Agencies. The Board may meet in joint session with other public agencies and advisory bodies in accordance with State law.
3.2 Ralph M. Brown Act. All meetings of the Board, including without limitation, regular, adjourned regular, special, and emergency meetings, shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act, commencing with section 54950 of the Government Code.
3.3 Voting. Each Board Member shall have one vote. Except as otherwise provided by law or by this Agreement, all actions of the Board shall be approved on the affirmative vote of a Supermajority of the Members of the Board.
3.4 Quorum. A Supermajority of the Members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time.
3.5 Minutes. The Secretary of the Authority shall cause minutes of regular, adjourned regular, special, and emergency meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Member of the Board and to each Member Agency.
3.6 Rules. The Board may adopt from time to time such rules and regulations for the conduct of its affairs as may be required.
ARTICLE 4
OFFICERS AND EMPLOYEES OF THE AUTHORITY
4.1 Chair. The Board of Directors shall elect one of its members as Chair of the Board. The term of office for the Chair of the Board shall be one (1) year. The Chair of the Board shall preside at all meetings and shall perform such other duties as are specified by the Board of Directors.
4.2 Vice-Chair. The Board of Directors shall elect one of its members as Vice-Chair. The term of office for the Vice-Chair shall be one (1) year. The Vice-Chair shall perform all the duties of the Chair of the Board in the absence of the Chair of the Board or in the event the Chair of the Board is unable to perform such duties and shall perform such other duties as are specified by the Board of Directors.
4.3 Secretary. The Board of Directors shall elect a Secretary who shall serve at the pleasure of the Board. The Secretary may but need not be a member of the Board of Directors. The Secretary shall be responsible for the minutes and other records of the proceedings of the Board of Directors and shall perform such other duties as the Board of Directors specifies.
4.4 Treasurer and Auditor Controller.
Pursuant to Government Code Sections 6505.5 and 6505.6, the Authority’s Treasurer and Auditor/Controller shall be the Administrator’s senior financial officer (such as its chief financial officer, director of finance, or finance manager as designated by the 216
8 Administrator) unless the Board elects to appoint as the Treasurer and Auditor/Controller another individual of its own choosing. The Treasurer shall be the depository and have custody of all money of the Authority, from whatever source, and shall have all of the duties and obligations set forth in Sections 6505 and 6505.5 of the Government Code. The offices of Treasurer and Auditor/Controller may be held by separate individuals, or combined and held by one individual as the Board may elect. If the Board does not elect to appoint another individual of its own choosing as the Treasurer and Auditor/Controller, the Treasurer and Auditor/Controller shall serve at the pleasure of the Administrator and may be removed at any time, with or without cause, in the sole discretion of the Administrator’s governing body or management‐level employee.
4.5 Authority Attorney.
The Attorney for the Authority, who may be counsel to one of the Member Agencies, shall be appointed by the Board of Directors. The Attorney for the Authority or a designated deputy shall attend or participate in meetings of the Board of Directors at the direction of the Chair; provided, however, that the absence of the Authority Attorney shall not affect the validity of any meeting. The Attorney shall perform such other duties the Board of Directors specifies.
4.6 Official Bond. Pursuant to Government Code section 6505.1, the public officer, officers or persons who have charge of, handle or have access to any property of the Authority shall file an official bond in an amount to be fixed by the Parties to this Agreement.
4.7 Additional Officers and Employees. The Board shall have the power to appoint such additional officers and to employ such employees, assistants, contractors, consultants and others as may be appropriate. Such power shall include, but not be limited to, the power to appoint an Administrator for the purposes of managing and administering the Authority, and an Operator for the purposes of providing operations, maintenance, and similar services to the Authority. A Member Agency may be appointed as the Authority’s Administrator and/or Operator pursuant to a written agreement with the Authority.
ARTICLE 5
COMMITTEES
5.1 Committees.
The Board of Directors, by a majority vote, may form committees for any purpose. Such vote shall designate the method for appointing committee members, the scope of the duties and responsibility of the committee, whether the committee is a standing or ad hoc committee, and such other matters as the Board may deem appropriate.
ARTICLE 6
FINANCES
6.1 Fiscal year. The Fiscal Year of the Authority shall be the period commencing on July 1 of each year and ending on and including the following June 30. 217
9 6.2 Annual Budget.
6.2.1 Interim Budget. The Board shall, within one hundred and twenty days (120) days of the Effective Date of this Agreement, approve an interim budget, which shall constitute the operating budget until the Annual Budget is adopted.
6.2.2 Annual Budget. Annually, in March of each year, the Board shall adopt a preliminary budget and an allocation of contributions from Member Agencies for presentation to each Member Agencies’ governing body. The governing body of each Member Agency shall, no later than May 31 of each year, review and comment on the preliminary budget and allocation of contributions. Thereafter, annually, prior to July 1 of each year, the Board shall adopt a final budget for all expenses to be made by the Authority during the ensuing Fiscal Year and adopt an allocation of contributions from Member Agencies, which may include specific allocations of contributions from each Member Agency for special projects. Each annual budget shall be adopted and shall be effective on the affirmative vote of a Supermajority of the Directors. Contributions for each Member Agency shall be due and payable to the Authority within forty-five (45) days of approval of the budget; provided, however, contributions towards capital improvement projects shall be due and payable to the Authority within thirty (30) days of award of the contract for such project, or as otherwise determined by the Authority.
6.2.3 Failure to Obtain Budget Approval. In the event the Board does not adopt a budget prior to start of a fiscal year, the budgeted amounts of all expenses and allocation of contributions from Member Agencies shall remain the same as the amounts last approved by the Board in its most recently adopted budget; provided, however, that the amounts shall be increased by the Consumer Price Index (“CPI”) with a minimum increase of no less than two percent (2%). The CPI shall mean the Consumer Price Index, Bureau of Labor Statistics, U.S. Department of Labor Consumer Price Index-All Urban Consumers, Riverside-San Bernardino-Ontario, CA for the twelve (12) month period ending the February prior to the beginning of the fiscal year, or if this index no longer exists, an index approved by a Supermajority of the Board. This factor shall be applied to the budget until such time as a new budget is adopted by the Board. Any shortfall in revenues shall be made up from available reserves dedicated by the Board for such purpose and, if insufficient to cover the shortfall, any available reserve funds which have not been designated by the Board for a particular purpose or otherwise legally restricted for other purposes. Reserves shall mean any available cash or investments.
6.3 Funds, Accounts and Reports. There shall be strict accountability of all funds and reporting of all receipts and disbursements.
6.3.1 Sources of Funds. The sources of funds available to the Authority may include, but are not limited to, the following:
(a) Grants, donations, and loans received by the Authority from local, State, or Federal agencies or from individuals or businesses.
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10 (b) Funds collected as user charges or user fees by Member Agencies. (c) Funds collected as connection fees by Member Agencies. (d) Funds received from State and Federal disaster relief agencies. (e) Funds obtained by issuing bonds, notes, warrants and other evidences of indebtedness.
(f) “In kind” contributions from Member Agencies.
(g) Funds from any other source derived.
The Authority shall arrange for the receipt of such funds from the above sources as are available to the Authority and as are necessary for the conduct of the Authority’s activities. Member Agencies may, in the appropriate circumstances: (a) make contributions from their treasuries for the purposes set forth in this Agreement; (b) make payments of public funds to defray the cost of such purposes; and (c) make advances of public funds for such purposes. The provisions of Government Code section 6513 are incorporated into this Agreement. The Authority may adopt a cost sharing formula for determining contributions from Member Agencies.
6.3.2 Accounts. Revenues or funds received or made available to the Authority from any source whatsoever, shall be deposited into accounts that may be established by the Authority and may be expended by the Authority in any legal manner, subject to such reservations as may be imposed by the Authority from time to time.
6.3.3 Reports. The Treasurer shall, within one hundred and eighty days (180) days after the close of each Fiscal Year, give a complete written report of all financial activities for such fiscal year to the Board of Directors and to each Member Agency.
The Authority’s books and records shall be open to inspection at all reasonable times by representatives of each Member Agency.
6.4 Payments and Advances. No expenditures in excess of those budgeted shall be made without approval of a revised or amended budget, which may from time to time be submitted to and approved by the Board of Directors.
6.5 Audit. The Treasurer and Auditor/Controller shall cause an annual audit of the accounts and records of the Authority to be made and reported in accordance with Sections 6505 through 6505.6 of the Government Code. The audit shall be conducted by an independent certified public accountant or public accountant. The audit shall conform to generally accepted auditing standards. Such report shall be filed within twelve (12) months of the end of the Fiscal Year under examination.
6.6 Procurement Methods. The Board may adopt such policies relating to procurement of services, equipment, supplies and other materials needed to accomplish the purposes of this Agreement.
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11 ARTICLE 7
TERMINATION / WITHDRAWAL / AMENDMENT
7.1 Duration and Termination.
This Agreement shall become effective as of the Effective Date and shall continue in full force and effect until terminated by the mutual written consent of all Member Agencies; provided, however, that this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the Authority. Notwithstanding the above, the Parties hereto agree and acknowledge that this Agreement may not be terminated for the first year of its term, which period shall be considered a one year, non-cancelable commitment.
7.2 Withdrawal. Notwithstanding any other provision of this Agreement, any Member Agency may withdraw from the Authority by providing the Authority with 180 days written notice of its intent to withdraw. A withdrawal from the Authority constitutes a withdrawal of that Member Agency’s representatives from the Board of Directors.
7.3 Effect of Withdrawal. The withdrawal of a Member Agency shall not terminate its responsibility to contribute its share of any obligation incurred by the Authority, including amounts determined by the Board for (1) liabilities and claims accrued during the time the agency was a Member Agency or (2) budgeted expenses for the Fiscal Year in which notice of intent to withdraw is given. Except as the withdrawing Member Agency may agree, in writing, with the Board, the withdrawing Member Agency shall automatically relinquish all rights as a Member Agency under this Agreement, on the effective date of the withdrawal. Upon termination of this Agreement, a Member Agency that has withdrawn will be treated like all other Member Agencies for purposes of disbursement of Authority assets, unless otherwise agreed in writing.
7.4 Disbursement. Upon termination of this Agreement and after payment of all liabilities, costs, expenses and charges validly incurred under this Agreement, all remaining assets of the Authority shall be disbursed among Member Agencies, including any Member Agencies which previously withdrew from the Authority. All assets shall be divided among the Member Agencies in accordance with and proportionate to their cash contributions (including payments for services received and property at market value when received) made during the term of this Agreement, if it is feasible to do so. However, the Board may, in its discretion and by a Supermajority vote of the then-current Directors of the Board of Directors, distribute assets without regard to a Member Agency’s contribution.
7.5 Amendment. This Agreement may be amended at any time by the written approval of the governing body of each Member Agency upon recommendation of a majority of the Board of Directors of the Authority.
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12 ARTICLE 8
SPECIAL PROVISIONS
8.1 Insurance. The Authority shall maintain types and levels of insurance coverage for the Authority as the Board of Directors determines to be reasonably adequate, provided, however, that each Member Agency shall be named as an additional insured on such policy of and/or or agreement for insurance coverage.
8.2 Liability of Authority, Board, Officers, Employees. Pursuant to Government Code section 6508.1, the debts, liabilities, and obligations of the Authority shall not be the debts, liabilities and obligations of any of the Member Agencies or any of their respective members, officers, directors, employees or agents. The Authority, its Directors, officers, employees, staff and agents shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No Member Agency, its officer, director or employee shall be responsible for any action taken or omitted by any other Member Agency, or its officers, or employees.
8.3 Indemnity. The Authority shall indemnify, defend and hold harmless the Board of Directors, the individual Member Agencies, and their members, officers, directors, employees and agents from and against any and all liability, loss, damages, expenses, costs (including, without limitations, costs and fees of litigation or arbitration) of every nature, arising out of any act or omission related to this Agreement, including, but not limited to those related to the use of any property and/or facility of any Member Agency, except such loss or damage which was caused by the willful misconduct of the Board of Directors, any individual Member Agency, or their members, officers, directors, employees and agents.
Further, the duty of the Authority to indemnify, defend and hold harmless shall not extend to the activities the individual Member Agencies, and their members, officers, directors, employees and agents that are outside the scope of this Agreement. The Authority’s duty to indemnify each Member Agency pursuant to this Agreement shall survive that Member Agency’s withdrawal from the Agency.
8.4 Conflict of Interest Code. The Authority shall, by resolution, adopt a conflict of interest code as required by law.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Severability. If any section, clause or phrase of this Agreement or the application thereof to any Party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable, and the remainder of the Agreement or the application of such provisions to the other Party or to other persons or circumstances shall not be affected thereby. Each Party hereby declares that it would have entered into this Agreement, and each subsection, sentence, clause and phrase thereof, irrespective that one or more sections, subsections sentences, clauses or phrases or the application thereof might be held invalid.
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13 9.2 Notices. Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid to the respective Parties, as follows:
Eastern Sierra Community Service District
Attention: General Manager
301 W. Line Street, Suite D
Bishop CA 93514
With a copy to:
Ward Simmons, General Counsel
Best Best & Krieger LLP
P.O. Box 1028
Riverside, CA 92502
City of Bishop
Attention: City Administrator
PO Box 1236
Bishop CA 93515
With a copy to:
Dean Pucci, City Attorney
City of Bishop
PO Box 1236
Bishop CA 93515
Bishop Paiute Tribe
Attention: Chief Executive Officer
50 N. Tu Su Lane
Bishop, CA 93514
With a copy to:
Xavier A. Barraza, General Counsel
Peebles Bergin Schulte & Robinson, LLP
401 9th Street NW, suite 700
Washington, DC 20004
9.3 Other Obligations. The responsibilities and obligations of each Party to this Agreement shall be solely as provided in this Agreement, or as may be provided for in other agreements to be executed by the Parties.
9.4 Consent. Whenever in this Agreement or in any amendment thereto consent or approval is required, the same shall not be unreasonably withheld.
9.5 Other Agreements Not Prohibited. Other agreements by and between the Parties of this Agreement or any other entity are neither prohibited nor modified in any manner by execution of this Agreement.
9.6 Assignment. The rights, titles and interests of any Party to this Agreement shall not be assignable or transferable without the consent of the governing body of each Party hereto and the Board of Directors.
9.7 Section Headings. The section headings herein are for convenience of the Parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement. 222
14 9.8 Laws of California. This Agreement is made in the State of California, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of such State.
9.9 Limited Waiver of Sovereign Immunity; Venue. Except as hereinafter provided in this paragraph, nothing in this Agreement shall be deemed to be a waiver of the sovereign immunity by the Tribe from suit, which immunity is expressly asserted; provided, however, that the Tribe agrees to and hereby does unequivocally waive its sovereign immunity for the limited and sole purpose of permitting enforcement of any right or obligation arising under this Agreement, which may include but not be limited to claims or causes of action for declaratory relief, injunctive relief, specific performance, enforcement of indemnity obligations, and/or damages for the breach of the terms and conditions of this Agreement. Tribe further acknowledges that the other Parties would not enter into this Agreement if Tribe could defeat or hinder enforcement against Tribe of the rights granted to the other Parties and Authority by claiming sovereign immunity. This limited waiver of sovereign immunity shall apply only to the Parties and Authority, and shall not operate for the benefit of, nor confer any rights upon, any third parties. The Parties agree that any dispute raised under the provisions of this Agreement shall be resolved pursuant to applicable California law; provided however, that any dispute raised under the provisions of this limited waiver of sovereign immunity shall be resolved first pursuant to applicable federal law, and if no federal law applies, pursuant to the applicable laws of the State of California. The waiver granted herein is limited to claims made in the United States District Court for the Eastern District of California, or the Superior Court of the State of California, County of Inyo, and any court having appellate jurisdiction thereover, consistent with the terms and provisions of this Section. Tribe shall take all actions necessary in accordance with its laws to authorize a limited waiver of sovereign immunity.
Waiver is valid only upon adoption of a formal resolution by the Tribal Council expressly authorizing such waiver and designating the forum for dispute resolution.
Tribe waives any right to tribal court proceedings and agrees that assumption of jurisdiction by any federal or state courts shall not be delayed or curtailed by any doctrine requiring exhaustion of tribal court remedies. Nothing herein constitutes a waiver of any privileges or sovereign immunity for any other purpose, or as a consent to jurisdiction beyond that specifically authorized.
9.10 Construction of Language. It is the intention of the Parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid.
9.11 Cooperation. The Parties recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement.
9.12 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto.
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15 9.13 Enforcement. The Authority is hereby authorized to take any and all legal or equitable actions, including but not limited to an injunction and specific performance, necessary or permitted by law to enforce this Agreement.
9.14 Integration. This Agreement constitutes the full and complete Agreement of the Parties.
9.15 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement.
SIGNATURES ON FOLLOWING PAGE(S)
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16 IN WITNESS WHEREOF, the Parties have caused this Joint Exercise of Powers Agreement to be executed and attested by their proper officers thereunto duly authorized on the day and year set forth below, making the same effective on the date signed by the last of all Parties hereto.
EASTERN SIERRA COMMUNITY CITY OF BISHOP
SERVICE DISTRICT
By: By:
Title: Title:
Date: Date:
Approved as to form: Approved as to form:
Ward Simmons, General Counsel Dean Pucci, City Attorney Best Best & Krieger LLP
BISHOP PAIUTE TRIBE
By:
Title:
Date:
Approved as to form:
Xavier A. Barraza, General Counsel
Peebles Bergin Schulte & Robinson, LLP
225
Bishop Area Wastewater Authority
377 West Line Street - Bishop, California 93514
P. O. Box 1236 - Bishop, California 93515
760-873-8458
JPA Revision Negotiations Ad-hoc Committee Page 1 of 3
October 09, 2025 Meeting Minutes
JPA Revision Negotiations Ad-hoc Committee – Meeting Minutes Date: October 9, 2025
Location: Business Resource Center
Time: 10:00 a.m. – 12:00 p.m
Present:
- Russ Adams, Eastern Sierra Community Service District (ESCSD) - Karen Schwartz, City of Bishop
- Nora Gamino, BAWA Administrator
Absent:
- Steven Orihuela, Bishop Paiute Tribe
1. Introductions and Discussion of Process
The committee reviewed its purpose and approach: to negotiate and recommend revisions to the draft Bishop Area Wastewater Authority (BAWA) Joint Powers Agreement (JPA) as marked up by legal counsel. Consensus was reached to review the document section by section, noting issues that require feedback from each agency’s governing body or legal counsel. It was agreed that written agency comments will be circulated before the next meeting for targeted discussion.
2. Review of Draft JPA Revisions
Recitals (Sections K–M)
Members discussed how the JPA references prior joint studies. Noted that the 2025 Preliminary Engineering Report (PER) was prepared under BAWA, not as an independent City/District effort. If the PER is cited, other BAWA-led studies (Flow Assessment and Biological Resources Constraints Analysis) should also be referenced.
Recitals L and M were seen as overlapping; members debated keeping both to preserve broad flexibility for future partners versus simplifying to focus on the Tribe’s participation.
Purpose (Section 1.2)
The committee discussed whether BAWA’s primary mission should explicitly center on the development of a consolidated wastewater treatment plant, with irrigation, land acquisition, and other activities listed as secondary or supporting purposes. Several prior purposes—such as a new irrigation system and additional land acquisition—were identified as outdated or no longer applicable given the current focus on the new plant.
Members questioned why “Bishop acreage” is singled out for inclusion in the discharge area and suggested this should refer more generally to “member agency acreage.” 226
JPA Revision Negotiations Ad-hoc Committee Page 2 of 3
October 09, 2025 Meeting Minutes
Board Composition (Sections 2.1–2.2)
Extensive discussion occurred on the structure and size of the Board of Directors.
Options considered included:
• 3 members (one from each entity),
• 5 members (one from each entity plus two ad hoc),
• 6 members (two from each entity), and
• 7 members (two from each entity plus one ad hoc).
Questions were raised about ad hoc selection methods, term limits, number of alternates, and ensuring consistent representation across all agencies. The group also questioned why the Tribe is allowed to appoint non-council members and suggested possible criteria for those appointments. Recommendation was to have consistency across all member agencies on who is allowed to serve on the board.
Voting and Quorum (Sections 3.3–3.4)
Members discussed potential issues with an even-numbered board and tie votes.
Options included requiring at least one affirmative vote from each agency to break a tie, adopting a super-majority requirement, or revising to ensure odd membership. The standard quorum definition (“a majority of members constitutes a quorum”) was acceptable.
Funding and Cost Sharing (Section 6.3.1)
The group discussed how agency contributions should be structured. Historically, costs have been evenly split between City and District, but this is undefined in the JPA. Ideas included establishing a base contribution from each agency for fixed costs and defining safeguards so grants pursued by, or on behalf of, BAWA do not offset required member contributions. The committee agreed that any funding formula should ensure equitable benefit to all ratepayers.
Limited Waiver of Sovereign Immunity (Section 9.9)
This section requires further legal clarification from the Tribe’s counsel (Xavier Barraza).
ESCSD counsel may recommend making adoption of a waiver resolution a condition of JPA membership. No changes were finalized pending legal review.
3. Next Steps
Each agency will internally review the discussion points above and be prepared to discuss them at the next meeting. Nora Gamino will compile any written comments received and distribute an agenda with a summary draft before the next meeting.
4. Future Meetings
The committee agreed to meet monthly on the second Thursday at 10:00 a.m. at the Business Resource Center. Next meeting: Thursday, November 13, 2025. 227
JPA Revision Negotiations Ad-hoc Committee Page 3 of 3
October 09, 2025 Meeting Minutes
5. Action Items
# Item Responsible Party Due
1 Verify completeness of Recitals and
confirm inclusion of all BAWA-led studies
All members
2 Review and propose revisions to
“Purpose” section language
All members Next
meeting
3 Develop recommendations for Board
structure, alternates, and tie-breaking
procedures
All members Next
meeting
4 Draft potential cost-sharing frameworks
for discussion
All members Next
meeting
5 Obtain legal feedback on sovereign
immunity language
Tribe & ESCSD
Counsel
Next
meeting
Prepared by:
Nora Gamino
BAWA Administrator
October 10, 2025
228
Bishop Area Wastewater Authority
377 West Line Street - Bishop, California 93514
P. O. Box 1236 - Bishop, California 93515
760-873-8458
JPA Revision Negotiations Ad-hoc Committee Page 1 of 4
November 13, 2025 Meeting Minutes
JPA Revision Negotiations Ad-hoc Committee – Meeting Minutes Date: November 13, 2025
Location: Business Resource Center
Time: 10:00 a.m. – 11:35 p.m
Present:
- Russ Adams, ESCSD
- Jennifer Krafcheck, ESCSD staff
- Karen Schwartz, City of Bishop
- Nora Gamino, City of Bishop staff / BAWA Administrator - Steven Orihuela, Bishop Paiute Tribe
- Matt Bullis, BAWA Assistant Administrator
Absent:
- Sandra Warlie, Bishop Paiute Tribe staff
1. Review of Meeting 1 Minutes
The committee reviewed the meeting minutes from the October meeting. No changes were identified.
2. Review of Draft JPA Revisions
General Comments
The committee agreed to replace the reference to the ‘sprinkler irrigation system’ throughout the document with ‘one combined Plant.’ Other changes suggested by the legal review that add the Tribe as a party to the agreement have also been accepted.
Recitals
Recital H: Committee agreed to include all joint studies in the list in chronological order using published titles. Having a comprehensive list here will assist future board members.
Recitals L – N: Committee agreed to keep both L and M in the document to allow for future possibilities and appreciated the collaborative language of Recital N.
Purpose (Section 1.2)
The committee again discussed whether BAWA’s primary mission should explicitly center on the development of a consolidated wastewater treatment plant, with irrigation, land acquisition, and other activities listed as secondary or supporting purposes. 229
JPA Revision Negotiations Ad-hoc Committee Page 2 of 4
November 13, 2025 Meeting Minutes
Committee members generally agreed that they wanted a broader umbrella purpose statement rather than trying to call out all the explicit things BAWA would work on, which could be limiting in the future. Members were asked to develop what they thought would be a good umbrella purpose statement for review and consideration at the next meeting.
Considerable discussion was had regarding land and asset ownership and how that would work with the JPA long into the future. Mr. Bullis provided an overview of the different structures of JPAs. There was a discussion about who will run the combined plant and who will be making the operational decisions… essentially who will be the ‘boss,’ because members agreed they do not want operators receiving direction from six different board members
Discussion about if the existing land would stay with the member agencies who currently own it, does it make sense for BAWA to buy the new land? The question came up – how does the land get treated if BAWA dissolves or if a member agency were to withdraw from the JPA? Would it make sense for only one member to buy the new land to make it cleaner/simpler in the future?
After a lengthy discussion, it was determined that each entity will consult with their legal counsel and ask their opinion on the options of land acquisition and ownership and what makes the most sense in the long term.
Board Composition (Sections 2.1–2.2) & Voting and Quorum (Sections 3.3–3.4) The committee quickly reviewed the options developed at the first meeting. Mr.
Orihuela informed the committee that the Tribe decided to only have members of their governing body serve on the BAWA board, therefore the last proposed sentence of
2.2.1 has been removed from consideration.
After discussion, the committee decided that the BAWA board would have 6 directors, made up of two members from each Member Agency’s governing body, and that all votes would require a Supermajority (5 of 6) to pass.
Remaining decision points include:
1. how many alternates are needed – one for each director, or one for each agency that would serve for both directors appointed?
2. What will constitute a quorum? If super majority is needed for voting, then is a super majority needed for a quorum?
Funding and Cost Sharing (Section 6.3.1)
The group discussed how the ESCOG is funded with a minimum member contribution to cover administrative costs and if this might be a good model for BAWA. Ms.
Schwartz explained how grants are pursued on behalf of ESCOG by the member agencies and how this might work well for BAWA.
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November 13, 2025 Meeting Minutes
Limited Waiver of Sovereign Immunity (Section 9.9)
Mr. Orihuela confirmed that the Tribe’s counsel has approved the language as written.
These changes have been accepted in the document.
3. Next Steps
Each member will internally review the discussion points above and be prepared to discuss them at the next meeting. For legal questions that came up, each member agency will discuss the question with their legal counsel and bring the information back to the group.
4. Future Meetings
The committee reaffirmed that the meeting schedule is acceptable (monthly on the second Thursday at 10:00 a.m.). Next meeting: Thursday, December 11, 2025 at the Business Resource Center.
The committee discussed involvement of legal counsel during these meetings and decided that specific questions would be routed to legal counsel and if needed they could be invited to discuss specific topics at future meetings.
A Zoom option will be provided for future meetings, however in person attendance by the committee is preferred to strengthen relationships and improve collaboration. 231
JPA Revision Negotiations Ad-hoc Committee Page 4 of 4
November 13, 2025 Meeting Minutes
5. Action Items
# Item Responsible Party Due
1 Verify completeness of Recitals and
confirm inclusion of all BAWA-led studies
All members Complete
2 Review and propose revisions to
“Purpose” section language.
All members Complete
3 Develop recommendations for Board
structure, alternates, and tie-breaking
procedures
All members Complete
4 Draft potential cost-sharing frameworks
for discussion
All members TBD
5 Obtain legal feedback on sovereign
immunity language
Tribe & ESCSD
Counsel
Complete
6 Draft suggested “umbrella purpose
statement” for consideration.
All members 12/11/25
7 Seek legal opinion on following question:
What are the different options,
considering long term agency risk
and benefit, for land
ownership/acquisition?
All member’s
legal counsels
12/11/2025
8 Research the ESCOG JPA and
minimum member contribution structure
and sideboards.
Gamino 12/11/2025
Prepared by:
Nora Gamino
BAWA Administrator
November 17, 2025
232
Bishop Area Wastewater Authority
377 West Line Street - Bishop, California 93514
P. O. Box 1236 - Bishop, California 93515
760-873-8458
JPA Revision Negotiations Ad-hoc Committee Page 1 of 3
December 11, 2025 Meeting Minutes
JPA Revision Negotiations Ad-hoc Committee – Meeting Minutes Date: December 11, 2025
Location: Business Resource Center
Time: 10:00 a.m. – 11:15 p.m
Present:
- Russ Adams, ESCSD
- Jennifer Krafcheck, ESCSD staff
- Karen Schwartz, City of Bishop
- Nora Gamino, City of Bishop staff / BAWA Administrator - Steven Orihuela, Bishop Paiute Tribe
- Sandra Warlie, Bishop Paiute Tribe staff
Absent:
- Matt Bullis, BAWA Assistant Administrator (unable to connect via Teams)
1. Review of Meeting 1 Minutes
The committee reviewed the meeting minutes from the November meeting. No changes were identified.
2. Review of Draft JPA Revisions
Recitals
Accepted with no further changes
Purpose Section
1. Report out on advice from legal counsels regarding land ownership/acquisition indicated that there were many different options and combinations possible, but the purpose of having a JPA is to hold assets such as these jointly. The group agreed that BAWA owning the land and future assets makes the most sense and the JPA includes the appropriate provisions.
2. The City presented a drafted version of a new purpose statement that was broad in nature and covered all aspects of the purpose of BAWA. It was discussed that “finance” would be a broad statement to include the pursual of grants or other funds by the member agencies on behalf of BAWA. The last sentence if the original purpose was added back in and modified to include the word “existing”.
Draft statement was accepted by all.
233
JPA Revision Negotiations Ad-hoc Committee Page 2 of 3
December 11, 2025 Meeting Minutes
Board Composition and Representation & Voting and Quorum (Sections 3.3–3.4)
1. Decide on number of alternates – 2 per agency. Language was modified in Section 2.2.1 to be more clear that “up to 2 alternates” can be appointed.
2. Decide on what constitutes a quorum – supermajority (5 of 6)
3. The term Supermajority was defined in Section 1.1.13 as being at least 5 board members. The term “majority” was replaced throughout the document with Supermajority
Funding and Cost Sharing Framework
1. Group reviewed the information provided on how the ESCOG’s minimum member contribution to cover administrative costs works and decided that a base member contribution to pay for the administration of the JPA was a good idea and that this would be a set amount split evenly three ways between the member agencies. This could be added as a statement into the JPA.
2. In general the group is happy with using an even 3 way split for the cost share allocation model moving forward. The group agreed that the budget language in the JPA, section 6.2.2 was good and leave the cost allocation model as an annual approval along with the budget.
Other Items
1. Other statements from ESCOG JPA that might be applicable to BAWA (marked in red boxes on attached copy of ESCOG JPA) were reviewed and determined to not be applicable.
3. Next Steps
Are we good to take this draft JPA to each respective governing body for approval? Each member will internally review the discussion points above and be prepared to discuss them at the next meeting. For legal questions that came up, each member agency will discuss the question with their legal counsel and bring the information back to the group.
4. Future Meetings
None scheduled. This group will reconvene after comments are provided from the governing bodies of each member agency.
234
JPA Revision Negotiations Ad-hoc Committee Page 3 of 3
December 11, 2025 Meeting Minutes
5. Action Items
# Item Responsible Party Due
1 Verify completeness of Recitals and
confirm inclusion of all BAWA-led studies
All members Complete
2 Review and propose revisions to
“Purpose” section language.
All members Complete
3 Develop recommendations for Board
structure, alternates, and tie-breaking
procedures
All members Complete
4 Draft potential cost-sharing frameworks
for discussion
All members Complete
5 Obtain legal feedback on sovereign
immunity language
Tribe & ESCSD
Counsel
Complete
6 Draft suggested “umbrella purpose
statement” for consideration.
All members Complete
7 Seek legal opinion on following question:
What are the different options,
considering long term agency risk and
benefit, for land ownership/acquisition?
All member’s
legal counsels
Complete
8 Research the ESCOG JPA and
minimum member contribution structure
and sideboards.
Gamino Complete
9 Draft of revised JPA to be presented to
the BAWA Board at the next meeting
Gamino 12/16/2025
10 Determine if and where a statement
about a minimum member contribution
would be incorporated into the JPA
Gamino 12/19/2025
11 Draft of revised JPA to be presented to
each member agency’s governing body
for review and consideration
Staff March
2026
12 Comments from each member agency, if
any, will be collected and this group will
reconvene to discuss.
Gamino April 2026
13 Final Draft of revised JPA presented to
each member agency’s governing body
for approval
Staff May 2026
Prepared by:
Nora Gamino
BAWA Administrator
December 11, 2025
235