Resolution No. ___- 23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLEASANT HILL, CALIFORNIA ADOPTING
INCREASES TO WATER SERVICE CHARGES FOR THE
DIABLO VISTA WATER SYSTEM
WHEREAS, in 1950, the Diablo Vista Water District was formed to provide untreated canal water for irrigation to 475 homes bounded roughly by Oak Park Boulevard, the Contra Costa canal, Boyd Road and Patterson Boulevard, with each of the lots similar in size and use; and, WHEREAS, in the 1960’s, the Diablo Vista Water District merged with the City of Pleasant Hill (“City”) and became the Diablo Vista Water System (“DVWS”); and WHEREAS, DVWS purchases water from the Contra Costa Water District (“CCWD”); and,
WHEREAS, residents served by DVWS pay annual usage and capital improvement fees for irrigation water from April to December, and said fees have not increased since 2004-05, and, WHEREAS, under Pleasant Hill Municipal Code section 13.20.030, the City Council establishes service charges for these water users by resolution; and, WHEREAS, the City has determined that it is necessary to impose rate increases for its water service charges for the DVWS (collectively herein, the “Charges”); and, WHEREAS, the revenues derived from the Charges will not exceed the funds required to provide the water service and shall be used exclusively for the provision of untreated irrigation water to residents served by the DVWS; and,
WHEREAS, the Charges will not be imposed on a parcel unless the water services are actually used by, or immediately available to, the owner of the parcel; and, WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of the proposed increases to the rates for the Charges to the record owner of each parcel upon which the rate increases to the Charges are proposed for imposition and any tenant directly liable for payment of such Charges (collectively herein referred to as “customers”), the amount of the rates for the Charges proposed to be imposed on each parcel, the basis upon which the rates for the Charges were calculated, the reason for the rate increases to the Charges, and the date time and location of a public hearing (the “Hearing”) on the proposed rate increases to the Charges; and,
WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected customers not less than 45 days prior to the Hearing on the proposed rate increases; and, WHEREAS, the City mailed the Notice in accordance with Article XIII D and the Hearing was held on this day, July 17, 2023; and,
WHEREAS, at the Hearing the City Council heard all oral testimony, and considered all written materials and written protests concerning the establishment and imposition of the proposed rate increases to the Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases to the Charges from a majority of the record owners or property upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges (i.e., a customer of record who is not a property owner); and
WHEREAS, the City Council now desires to establish and impose the proposed Charges.
NOW THEREFORE, be it resolved by the City Council of the City of Pleasant Hill as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby adopts the Charges for DVWS water services at the maximum rates, effective immediately, as follows:
Charge Rate
CCWD Water Charge $2.59 per 1,000 gallons
DVWS Fee $410
For the CCWD water charge, effective immediately, an increase of $19.15 (equal to $0.15 per 1,000 gallons) shall be charged against all parcels within the DVWS service area. For the DVWS Fee, effective immediately, an increase of $75 shall be charged against all parcels within the DVWS service area. For the DVWS Fee, beginning July 1, 2024, an increase of $125 shall be charged against all parcels within the DVWS service area.
SECTION 3. Beginning April 1, 2024, and annually thereafter on April 1 through and including April 1, 2028, any adjustment or increase to the maximum rate for the CCWD Charge, set forth in Section 2, shall be passed through to customers in the DVWS service area.
SECTION 4. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the CitCouncil that the Charges adopted pursuant to this Resolution shall prevail.
SECTION 5. The City Council hereby finds that the administration, operation, maintenance, and improvements of the DVWS water system, which are to be funded by the Charges, are necessary to maintain water service within the DVWS’s existing service area. The City Council further finds that such Charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the DVWS water system. Based on these findings, the City Council hereby determines that this Resolution is statutorily exempt from the requirements of CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a). The documents and materials that constitute the record of proceedings on which these findings have been based are located at 100 Gregory Lane, Pleasant Hill, CA 94523. The custodian for these records is the City Clerk of the City.
SECTION 6. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 7. This Resolution shall take effective immediately upon adoption and will remain effective unless repealed or superseded.
SECTION 8. The City Manager or his or her designee is hereby authorized to take all actions necessary to implement this Resolution.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting on July 17, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
___________________________________
JUANITA DAVALOS, Acting City Clerk