Live Life Lincoln - Live - Life Lincoln. Live Life Lincoln . Live Life - Lincoln Live Life Lipcoln MINUTES CITY OF LINCOLN Regular Meeting January 23, 2018 CITY COUNCIL, PUBLIC FINANCE AUTHORITY and REDEVELOPMENT SUCCESSOR AGENCY OPEN SESSION MEETING City Hall - Third Floor Conference Room 1. CALL TO ORDER by Mayor Nader at 6:06PM. 2. ROLL CALL: Councilmen present: Peter Gilbert Paul Joiner Dan Karleskint Gabriel Hydrick Stan Nader Mayor Pro Tem: Mayor: Staff members present: Roll Call: 5 members present, 0 members absent, 0 members excused. Matt Brower, City Manager Kristine Mollenkopf, City Attorney Steve Ambrose, Support Services Director Jennifer Hanson, Public Services Director Doug Lee, Police Chief Ray Leftwich, City Engineer Gwen Scanlon, City Clerk Matthew Wheeler, Community Development Director Various City employees, consultants and members of the public were also present. 3. 4. 5. 6. REPORT FROM CLOSED SESSION - Mayor Nader announced there was nothing to report. PLEDGE OF ALLEGIANCE AND FLAG CEREMONY led by Boy Scout Troop 185. INVOCATION by Pastor Mike Sanchez, First Street Community Church. AGENDA REVIEW MODIFICATION - Councilman Nader requested Item 12B, Campaign to Promote 10-Minute Walk to a Park", be moved up to immediately follow the Consent Agenda followed by Item 12A, Citizen's Ad Hoc' Water Rate Committee Recommendations and finally 11A, Walkup Ranch Subdivision and received concurrence from the rest of City Council on this suggested order. 7. CITIZENS ADDRESSING COUNCIL police enforcement in his neighborhood. a) John Naticak, residing on Stephanie Court, stated his concerns with loud music, traffic and lack of b) Albert Scheiber, residing on Moore Road, stated he was frustrated with City Council not listening to recent public comments regarding Village 5. He stated he had spoken to LIFT (LIFT is a group unified to lifting Lincoln to new heights through Integrity, Financial responsibility and total Transparency). after the last meeting and both he and the group shared similar frustration with City Council and he hopes Councilmen will listen to LIFT's comments on water presentation later in the C) Donna Hodgson, a Lincoln resident, stated her concern with City not paying for their water bills and requested City Council look into whether the City is paying their sewer and garbage bills and meeting. make sure the revenue is going into the correct funds. 600 Sisth Street 1 Lincoln, CA 95648 www.d.incoln.ch.us+916-4342400 Live Life Lincoln Live. Life Lincoln. Live Life . Lincoln Live Life Lincoln Live. Life Lipcoln Page 2of8 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes January 23, 2018 d) John Fischer, representing the Lincoln Crossing Homeowners Association on the Ad Hoc Citizen's Water Rate Committee, stated there were strengths and weaknesses to this committee and the weaknesses included the committee was unable to discuss the lawsuit related to water rates, the committee was unaware of the LIFT group, the committee was rushed at the end to get e) David Stanley, a Lincoln resident, requested a detailed explanation of why the former Law Firm conclusions and they were trying to fit the consultant's water model. that represented the City resigned in July or August of 2017. COUNCIL INITIATED BUSINESS -NONE 8. 9. PRESENTATIONS 9.A. Lincoln Community Foundation (LCF) presentation of annual grants. Kris Knutson, LCF President, presented the grants to various individuals and organizations. 9.B. Economic Development Committee (EDC) Update-Q4 2017. Lincoln EDC Chair Mike Miller provided the 4th Quarter Report from the EDC. 10. CONSENT Mayor Nader asked Council and public if they would like to remove anyi items from the Consent Agenda for discussion and the following items were removed: Items 101 and 10J. Motion to Approve the balance of the Consent Agenda moved by Councilman Gilbert, seconded by Councilman Hydrick. By the following Vote (Approved): Gilbert- Aye, Hydrick-Aye, Joiner- - Aye, Karleskint - Aye and Nader- - Aye, the following items: 10.A. Minutes - None this meeting. 10.B. Warrants Adopt RESOLUTION 2018-013 approving warrants of. January 5, 2018. 10.C. Budget Augmentation for Wastewater Collection System Replacement Projects - (1) Adopt RESOLUTION 2018-014 creating CIP 435: 1st and O Street Sewer Rehabilitation Project, CIP 436: High School Area Sewer Rehabilitation Project and CIP 437: UPRR Sewer Rehabilitation Project and allocating the following amounts from the unencumbered balance of Fund 721 = Wastewater Capital Replacement Fund: $35,000 to CIP 435, $80,000 to CIP 436 and $85,000 to CIP 437; (2). Adopt RESOLUTION 2018- 015 authorizing the City Manager to execute a Task Order with Wood Rodgers in the amount of $80,000 for professional engineering services for CIP 436: High School Area Sewer Rehabilitation Project; (3) Adopt RESOLUTION 2018-016 authorizing the City Manager to execute a Task Order with Mark Thomas in the amount of $85,000 for professional engineering services for CIP 437: UPRR Sewer Rehabilitation 10.D. CIP 135B Annual Waterline Replacement Project East Side Adopt RESOLUTION 2018-017 authorizing the City Manager to execute a Task Order with R.E.Y Engineers, Inc. (REY) int the amount of $199,782 for professional engineering services for CIP 135B - Annual Waterline Replacement Project- East Side located on East 6th, 7th, 8th, 9th Streets and South Herold Avenue from East 9th to 6th Street. 10.E. Annual Waterline Replacement Project First Street, CIP 135A adopt RESOLUTION 2018-018 approving the improvement plans and technical specifications and authorizing the Engineering Project. 600 Sixth Street Lincoln, CA 95648 "www.d.lincohn.caux 916-434-2400 Live Life Lincoln Live. Life Lincoln. Live Life. Lincoin Live Life - Lincoln . Live. Life Lipcoln Page 3of8 City Council, Public Finance Authority and Redevelopment Successor. Agency Regular Meeting Minutes January 23, 2018 Department to proceed with the bidding process for the construction of the Annual Waterline Replacement 10.F. Notice of Completion for the McBean Pool Resurfacing (CIP 413) Adopt RESOLUTION 2018- 019 accepting the McBean Pool Resurfacing Project (CIP 413) as complete and authorize the City Clerk 10.G. RDA Successor Agency Recognized Obligation Payment Schedule for the period July 1, 2018 to June 30, 2019 Adopt SUCCESSOR AGENCY RESOLUTION 2018-01S approving the Recognized Obligation Payment Schedule pursuant to Health and Safety Code Section 34177(1) for the 10.H. Leadership Lincoln Class 2017/2018 Project of Dog Park at McBean Park - Adopt RESOLUTION 2018-020 approving the Leadership Lincoln Class 2017/2018 Project of a Dog Park at Project, in First Street, from H Street to R Street, CIP 135A. toi file the Notice of Completion with the Placer County Recorder. period July 1, 2018 to June 30, 2019. McBean Park. ITEMS PULLED FROM CONSENT AGENDA 10... Meyers Nave to provide services related to HF&H Rate Study and Proposition 218- David Stanley, a Lincoln resident, stated he was concerned not with the firm Meyers Nave but with the specific staff of the firm doing the investigation and requested one of the two investigative groups that Meyers Nave employ be used instead. A brief discussion ensued regarding Meyers Nave staff and Mayor a) Byron Chapman, a Lincoln resident, stated his concern that no citizens would be involved in the investigation and that citizens would receive the results of the investigation secondhand. b) Tony Manning, a Lincoln resident, stated the attorney client privilege should be waived to improve Another brief discussion ensued regarding how investigation results would be communicated, whether the time allotment of 80 hours would be enough to complete the investigation and public trust. Motion to Approve this item moved by Councilman Gilbert, seconded by Councilman Joiner. By the following Vote (Approved): Gilbert - Aye, Joiner-A Aye, Hydrick - Aye, Karleskint- - Aye and Nader- No the following item:- - RESOLUTION 2018-21 authorizing the City Manager to enter into a legal services agreement with Meyers Nave to provide services related to a fact finding mission into the 2013 HF&H rate study and Nader opened the discussion to the public with the following comment: public trust with City Council. Proposition 218. 10.J. China "Sister County" Letter of Support- Councilman Hydrick stated he pulled this item on principle as he didn't think this item rose to the level of City Council action but rather was fluff and he would not vote for it. Al lengthy City Council discussion ensued and Mayor Nader opened the discussion to the public with the following comment: a) John Fischer, representing the Lincoln Crossing Homeowners Association on the Ad Hoc Citizen's Water Rate Committee, stated he lived in Asia and Placer County is a great spot for Chinese tourism and Lincoln is a great location for Bay Area Assembly Subcontractors which would be a b) Vic Freeman, a Lincoln resident, stated he was born in China and he didn't think the City had anything to lose by signing the letter of support and had everything to gain. good use of the Lincoln Airport's free trade. zone. 600 Sixth Streer Lincoln, CA 95648 wwwad.lmcahn.sar 916-434-2400 Live. Life Lincoln - Live Life Lincoln. Live Life Lincoln Live Life - Lincoln - Live Life Lincoln Page 40 of8 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes January 23, 2018 Motion to Approve this item moved by Councilman Gilbert, seconded by Councilman Joiner. By the following Vote (Approved): Gilbert- - Aye, Joiner - Aye, Karleskint- - Aye, Nader- Aye and Hydrick = No, the following item: Approve Letter of Support for a "Sister County" relationship between Placer Mayor Nader stated the next item tol be discussed is Item 12B, Campaign to Promote 10-Minute Walk to al Park Initiative", followed by Item 12A, Citizen's Ad Hoc Water Rate Committee Recommendations and County and Nanping County in China. finally 11A, Walkup Ranch Subdivision. 12. GENERAL BUSINESS 12.B. Campaign to Promote "10-Minute Walk to a Park" Initiative Jennifer Hanson, Public Services Director, gave a brief staff report. Councilman Karleskint stated the report had no fiscal impact but he noticed a biannual meeting that staff would be required to attend and Jennifer Hanson stated she would bring any future budgetary items related toi this effort before Council for approval. Councilman Hydrick expressed same concerns as earlier item in support of Sister County to China for same reason that it doesn't rise to the level of City Council. A lengthy discussion ensued and a) Chief Richard Moore, Chairman oft the City's Park & Recreation Committee, stated this is a nuts and bolts program that promotes parks and the Park & Recreation Committee support it. b) Byron Chapman, a Lincoln resident, suggested this type of action could go to the City Manager Motion to Approve this item moved by Councilman Gilbert, seconded by Councilman Joiner. By the following Vote (Approved): Gilbert - Aye, Joiner - Aye, Karleskint - Aye, Nader - Aye and Hydrick = No, the following item: Resolution 2018-25 authorizing the Mayor to sign a Letter of Commitment to the Mayor Nader announced Council would take a 5 minute recess at 7:37PM and City Council exited the 12.A. Citizen's Ad Hoc Water Rate Committee Recommendations of November 30, 2017-(1) Council consider the Citizen's Ad Hoc' Water Rate Committee Recommendations of November 30, 2017 concerning the issuance of credits/refunds beyond the one year statute of limitations period; finalize policy decisions concerning water credits/refunds beyond the one year statute of limitations period, water rates, water reserves, and the proposed water capital improvement program for inclusion in the water rate study covering the five (5) year period of 2017/2018 through 2021/2022; and (2) Consider adoption of RESOLUTION 2018-023 authorizing refunds back to April 15, 2015 (which is consistent with recommendations of Ad Hoc Water Rate Committee) with findings associated with the public benefit; (3) Consider adoption of RESOLUTION 2018-24 City Council has considered the statements and positions ofr residents, business owners, staff presentations, legal options and the recommendation of the Water Rate Ad Hoc Committee and hereby finds and determines the City is unable to issue refunds extending beyond the one year statute of limitations period (4). Authorize Raftelis Financial Consultants (RFC) to finalize the Water Rate Study; and (5) Approve a timeline for completing required Proposition 218 hearing. Jennifer Hanson introduced the City's Water Rate consultants Sally' Van Etten and Victor Smith from Raftelis Financial Consultants. Jennifer, Sally and Victor provided a staff report and powerpoint made a Mayor Nader opened the discussion to the public with the following comments: rather than to Council for approval and he thought it was a useful project. Campaign to Promote 10-Minutes Walk to a Park" Initiative. room. Mayor Nader reconvened the meeting at 7:46PM. 600 Sixth Street I Lincoln, CA 95648 "www.s.limcahn.caasy 916-434 -2400 Live Life . Lincoln Live Life Lincoln. Live. Life Lincoln Live Life Lincoln Live Life Lincoln Page! 5of8 City Council, Public Finance. Authority and Redevelopment Successor Agency Regular Meeting Minutes January 23, 2018 part of these minutes by mention thereof. They detailed the four options vetted by the City's Ad Hoc Water Rate Committee: (1) Option 1: No additional credits beyond one year statute of limitations; (2) Option 2: Additional credits for all customers going back to. April 2015, which corresponds to the date of the San Juan Capistrano case that provided important clarification on the validity oft tiered rates and adopt Resolution with Findings; (3) Option 3: Additional credits going back to January 2014, which corresponds to the date current tiered rates became effective and adopt Resolution with Findings and (4) Option 4: Issuing additional water credits/refunds going back to April 15, 2015 for a total refund value of $4,128,497; and reduce RFC's proposed rates, for the five (5)) year study period, to collect $1,862,497 less in revenue, which corresponds to the value of credits going back from April 2015 to. January 2014 and adopt Councilman Gilbert asked the City Attorney to explain why option 3 as shown on powerpoint slide #9 of the powerpoint is higher risk than option 2. Kristine Mollenkopf, City Attorney, explained the City Council would need to make findings to go beyond option 1 and part of those findings would include the recommendation oft the City's Ad Hoc' Water Rate Committee which did not include option 3 sO that would be the rationale for the higher risk. A discussion ensued regarding risk levels associated with each option. Councilman Joiner stated the operating / capital reserve levels had been changed from the Ad Hoc Water Rate Committee's original recommended 33% operating / $4million capital reserves to 25%/$3.6 million, respectively and questioned if that was based on a desire to refund beyond the one year statute of limitations. Jennifer Hanson answered yes, that was why the recommended reserve levels had been changed and introduced Ray Leftwich, City Engineer, who gave a brief staff report on reserve levels. Councilman Gilbert asked what the effect would be on the water funds if each option was adopted. Councilman Joiner questioned if City Council acted on option 1 what reserve levels would be recommended and Jennifer Hanson stated staff was fine with the revised reserve amounts of 25% and $3.6million. A discussion ensued regarding the fund and reserve amounts. Councilman Joiner asked the Ad Hoc' Water Rate Committee members in attendance which reserve amounts they would recommend: a) John Fischer, representing the Lincoln Crossing Homeowners Association on the. Ad Hoc Citizen's Water Rate Committee, stated the committee didn't discuss refunds until the November 30, 2017 meeting but he would be fine with the revised numbers of 25% and $3.6million. b) Ted Jones, representing the Verdera Homeowners Association on the Ad Hoc Citizen's Water Rate Committee, stated he was the lone dissenting vote in Spring, 2017 who did not vote for 33% as he thought 25% was sufficient and suggested regardless of which option Council chose they c) Jerry Harner, City Treasurer and Chairman of the Ad Hoc Water Rate Committee, stated 33% was approved at the May 22, 2017 Ad Hoc Water Rate Committee and he would recommend the Council approve that number in order to get caught up on the deferred maintenance in ten years as shown on powerpoint slide #11. Ted Jones stated Jerry was referencing the capital Resolution with Findings. should stay with the 25%. replacement of $4million rather than the 33% operating reserve. Mayor Nader stated he had received a request for a couple of people to give a presentation rather than a number ofi folks speaking for the allowed 3 minutes and asked Council what their preference would be. After a brief discussion, Council consensus was to remain with the 3 minute rule. Mayor Nader opened a) David Stanley, a Lincoln resident, stated he had two issues: the gift of public funds and the 2015 San Juan Capistrano court case date. He continued the water rates were collected in error and returning the overcharged rates is not a gift of public funds. Mr. Stanley concluded by stated there discussion to the public at 9:05PM with the following comments: 600 Sisth Street Lincoln, CA 95648 www.d.limncahn.sa.ux 916-434-2400 Live. Life. . Lincoln - Live Life Lincoln. Live Life. Lincoln Live Life. Lincoln - Live Life Lipcoln Page 60 of8 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes January: 23, 2018 was precedence set prior to 2015 by three prior California cases going back to 2006 and that the City was put on notice that the rates were unlawful when they received letters from McNeil Law b) Ted Jones, representing the Verdera Homeowners Association on the. Ad Hoc Citizen's Water Rate Committee, distributed a folder of documents, made a part of these minutes by mention thereof. He continued that he agreed with Councilman Gilbert that option 3 should be approved by Council and asked Steve Ambrose, Support Services Director, how much had been transferred annually from Fund 710 to Fund 711 and Steve stated roughly $2million annually. Mr. Jones asked the City Attorney to look at the amount over collected in Fund 711, $11.4 million, which needs to go back to all of the citizens. He concluded by stating the over collection came out of Fund 710 which was the flat rate collected from everyone sO it needs to be refunded to all 18,500 C) Donna Hodgson, a Lincoln resident, questioned whether the rate study done by Raftelis included the City's water use and Jennifer Hanson confirmed that it was included. Ms. Hodgson suggested d) Tony Manning, a Lincoln resident, stated option 4 and the revised reserve amounts of 25% and $3.6 million were deliberate manipulations of the data and there was plenty of money to refund and the changes were presented in the last few minutes of the November 30, 2017 Ad Hoc Citizen's Water Rate Committee. He continued the Chair of that committee voted on that item when he did vote on any other items. Mr. Manning concluded the City's deception of water loss versus not charging for the City's water use and that misrepresentation would have resulted in additional revenue and lower water rates and encouraged the Council to research this. e) Byron Chapman, a Lincoln resident, compared the overcharged water rates could be compared to charges for widgets and if there was an overcharge it should be refunded and not considered a gift of public funds and if the City didn't have enough to refund the illegally collected rates then the f) Travis Nichol, a Lincoln resident, stated the City Council has an opportunity to repair the damage between Council and citizens and suggests the overcharged rates be refunded but should be refunded commensurate not equally as some folks may have moved out of the City. g) Lena Labosky, a Lincoln resident, stated she protested the rates back in 2013 and referenced the McNeil Law Firm letters as when the City was put on notice. Ms. Labosky concluded by thanking Mayor Nader closed the discussion at 9:30PM and exited the room, he returned to the room at 9:32PM. Motion to approve option 3 by Councilman Gilbert, refunding water rates back to date of implementation January, 2014 and Operating Reserve of 25% and Capital Reserve of $3.6million and asked for resolution number corresponding to that option. Kristine Mollenkopf, City Attorney, stated Staff did not prepare a resolution for that option. Councilman Joiner called for discussion on the motion as he thought it was premature. Councilman Karleskint seconded the motion in order to open the motion up for discussion. Councilman Joiner stated he could only support option 1 as he felt any other option was unlawful and in violation of his oath of office. Councilman Hydrick asked if the Ad Hoc Citizen's Water Rate Committee could have more time and Jennifer Hanson stated the current timeline allows the new rates to go into Firm. customers equally and the documents in the folder makes his case. the 25% operating reserve and $3.6million capital reserve amounts be used. rates should bei increased. LIFT and hoped Council will approve option 3. effect on July 1, 2018 and to go beyond that would be risky. 600 Sixth Strcet Lincoln. CA 95648 www.i.lucaln.c.us 916-434-2400 Live Life. Lincoln Live Life Lincoln. Live . Life Lincoln Live Life - Lincoln - Live Life Lincoln. Page 7of8 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes January 23, 2018 Councilman Joiner exited the room at 9:55PM and came back at 9:56PM. Councilman Hydrick stated any other option but option 1 may be illegal so he was in favor of option 1 and being as aggressive as possible on the operating and capital reserves. Councilman Karleskint stated he had sworn to uphold the law and protect the City of Lincoln so he could legally only support option 1, 25% Mayor Nader stated he had met with the LIFT group who proposed a rate structure based on PCWA rates which he provided to staff and asked how that would affect the operating and capital reserve funds and he has not heard back on that question sO it was hard for him to make a recommendation. Mayor Nader continued he supported option 2 which is middle ground but stated this stance has some legal risk and he expressed his concern with this risk as well as his concerns related to deferred maintenance of water infrastructure. Mayor Nader stated he supported refunds going back to April, 2015 when San Juan Capistrano case was decided and compromise between 25% and 33% operating reserve and $4million capital reserve. A brief discussion ensued regarding LIFT's proposed rate, risk and ethics. Mayor Nader called for a vote on Councilman Gilbert's Motion to approve option 3, refunding water rates back to date of implementation January, 2014 and Operating Reserve of 25% and Capital Reserve of $3.6million which was seconded by Councilman Karleskint for discussion purposes only. By the following Vote (Not Approved): Gilbert - Aye, Karleskint = No, Hydrick - No, Joiner - No and Nader - No. Councilman Gilbert asked as the maker of the motion to briefly comment that he was told by three separate City Attorneys that the water rates that went into effect in 2014 were legal but the City Council is responsible for making decisions not City Attorneys and he isn't afraid of making the decision to refund Motion to Approve Option 1, no refunds beyond one year statute of limitations, moved by Councilman Karleskint, seconded by Councilman Joiner. By the following Vote (Approved): Karleskint - Aye, Joiner -Aye, Hydrick - Aye, Gilbert- - Aye (reluctantly), and Nader- No, the following item: RESOLUTION 2018-24 City Council has considered the statements and positions of residents, business owners, staff presentations, legal options and the recommendation of the Water Rate Ad Hoc Committee and hereby finds and determines the City is unable to issue refunds extending beyond the one year statute of limitations period; Authorized Raftelis Financial Consultants (RFC) to finalize the Water Rate Study; and Approved the proposed timeline (as shown on bottom of slide #12 on powerpoint) for completing required operating reserve and $4million capital reserve. beyond option 1. Proposition 218 hearing. Matt Brower stated staff still needs direction on rate structure and reserves. Motion to Adopt a Single Uniform Water Rate Tier with One Zone with an Operating Reserve of 25% and a $4million by Councilman Karleskint, seconded by Councilman Joiner. After the motion, Councilman Hydrick asked if the operating reserve of 25% could be a minimum and staff could try to achieve higher results. Matt Brower stated the 25% would be a specific target and Jennifer Hanson stated the rate study would utilize 25% operating reserve as a minimum. By the following Vote (Approved): Karleskint - Aye, Gilbert - Aye, Joiner - Aye, Hydrick - Aye, and Nader - Aye, the following item: Single Uniform Water Councilman Gilbert clarified that the Ad Hoc' Water Rate Committee Chair did not vote in first couple meetings and he did vote in the last meeting which was a change in procedure but earlier votes were 9-0, Rate Tier with One Zone with an Operating Reserve of 25% and a $4million. 9-0 and 8-1 with ten on committee including Chair. 11. PUBLIC HEARINGS 11.A. Walkup Ranch Subdivision Project Development Agreement- 600 Sisth Street Lincoln, CA 95648 ww-d.lincohn.ca.us 916-434-2400 Live. Life Lincoln Live - Life Lincoln. Live - Life Lincoln . Live . Life . Lincoln Live - Life Lincoln. Page 8of8 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes January 23, 2018 Matt Wheeler, Community Development Director, gave a brief staff report. Councilman Karleskint asked if the conditions of approval for the tentative map allowed for an option for a homeowner's association (HOA) as he didn't see that included in the development agreement and if Staff had an operation plan in place for the Village 1 Infrastructure Finance Plan. Matt Wheeler stated that nothing in the development agreement precludes a HOA and one of the Village 1 developments, Turkey Creek Estates, will have one. Steve Ambrose stated a process was not yet in place for the Village 1 Infrastructure Finance Plan but as projects progress Staff would work on this. Mayor Nader opened the public hearing at 10:35PM with the a) Matt Stowe, Lake Development and Project Developer, stated they had been working with staff on the project since 2005 on behalf of Layn and Duff families which kicked off the entire Village 1 entitlements and it has been a long process and look forward to getting Council's approval. b) Fran Neves, a Lincoln resident, questioned when the signal light at Oak Tree Lane and Highway 193 would be constructed as she was concerned with traffic ini that area and St. Joseph's Church following comments: deposited $250,000 towards this signal. Mayor Nader closed the public hearing at 10:40PM. Motion to Approve the resolution associated with this item moved by Councilman Joiner, seconded by Councilman Karleskint. By the following Vote (Approved): Joiner - Aye, Karleskint- = Aye, Hydrick- Aye, Gilbert - Aye (reluctantly), and Nader - Aye, the following item: RESOLUTION 2018-022 thereby determining the project has been adequately addressed under the Village 1 Specific Plan Project EIR (SCH; #2010102018) and that noi further analysis under the California Environmental Quality Act (CEQA) Motion to waive full reading and introduce the ordinance associated with this item moved by Councilman Gilbert, seconded by Councilman Karleskint. By the following Vote (Approved): Gilbert - Aye, Karleskint - Aye, Hydrick - Aye, Joiner - Aye, and Nader- - Aye, the following item: Waive full reading and introduce, by title only, an uncodified ORDINANCE 962B of the City of Lincoln approving the Development Agreement between the City of Lincoln and the property owners, Elizabeth Layn and Jeannette W Duff, Relative to the Development Known as the' Walkup Ranch Project. is required or appropriate. 13. INFORMATION ITEMS Councilman Hydrick stated he received a question at the Lincoln Municipal Advisory Council regarding agricultural spray int the Village 5. Agricultural Overlay and how it would impact school and requested Staff research this issue. Councilman Hydrick also apologized to public for disrespecting the office of Mayor for his comments during discussion earlier in the meeting but he felt he has been treated as aj junior Councilman and Mayor accepted his apology. 14. ADJOURNMENT Mayor Nader adjourned the meeting at 10:45PM. Submitted by: duerBul Gwen Scanlon, City Clerk 600 Sixth Streer Lincoln, CA 95648 www.d.limcoln.ca.is 916-434-2400 Overview Water Rate Study Policy Recommendations Water Rate Structure Water Credits & Reserves Proposition 218 Timeline Water Rate Policy Recommendations Rate Structure Uniform Single Tier No Zones Issuance of Water Credits & Reserve Levels Option 1 2 3 4 Description Option Cost/Full Cost Legal Risk Operating/Capital Res. 1 YR Statute of Limitations 3015,384/53,015.,84 Low 25%/3.6M 25%/3.6M 25%/3.6M 25%/3.6M April 2015-San Juan Case 51.115.563/54,130.947 Medium Jan. 014-mplementation 51862497/55,93444 High April '15 & Reduced Rates 51862497/55,93444 Medium Proposition 218 Timeline -February 27, 2018: Report Finalized/Public Notices ApprovedlAuthonzation to Mail -Mid March: Mailing of Public Notices -May 8, 2018: Public Hearing (45 day requirement) -July 1,2 2018: Rate Implementation Water Rate Policy Recommendations Rate Structure Uniform Single Tier No Zones Issuance of Water Credits & Reserve Levels Option 1 2 3 4 Description Option Cost/Full Cost Legal Risk Operating/Capital 1YR Statute of Limitations 3015.384/55,015384 Low 25%/3.6M 25%/3.6M 25%/3.6M 25%/3.6M April 2015 --SanJuan Case 1.15,.563/54130947 Medium Jan. 014-mplementation 1.862497/95.93444 High April 15 & Reduced Rates 1,862,497/55,993,444 Medium Proposition 218 Timeline -February 27, 2018: Report Finalized/Public Notices ApprovedAumonzalon to Mail -Mid March: Malling of Public Notices May 8, 2018: Public Hearing 40 da -u FIXED AND VOLUMETRIC COMPONENTS Fixed component comprises: 100% of Customer Service Costs 100% of Fire Protection Costs 100% of Meter Service Costs 87.15% of Administrative Costs 84.60% of Capital Costs 84.35% of Operations Costs 84.35% of Storage Costs 68.75% of Treatment Costs 37.5% of Supply Costs Volumetric Comprises Meter Capacity Costs 62.5% of Supply (Purchased Water) Costs Remainder of Administrative, Capital, Operations, Storage and Treatment Costs > "Base" Costs; the cost of running the system under average conditions. RATE COMPONENTS Final Rate Components Total Percentage of Total Fixed/Commodity Split Customer Service Meter Capacity Supply Cost Base $837,205 $7,845,435 $5,103,782 $1,454,004 5.5% 51.5% 57.0% Fixed 33.5% 9.5% 43.0% Commodity RATE STRUCTURE DIFFERENCES Rate Structure Current Raftelis Proposed Fixed Percentage Volumetric Percentage Structure Multi-Tiered Uniform Volumetric 59% 57% 41% 43% RATE COMPARISON - FIRST 20 UNITS 3/4" Meter User Billl Impacts by Usage $100 $90 $80 $70 $60 $50 $40 $30 $20 $10 $0 Median Average 90th Percentile 0 1 2 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 Usage (Thousand Gallons) Current SFR Bill -Proposed RFC Rate RATE COMPARISON Total Bill at Different Usage Levels - Proposed RFC Rates $300 $250 $200 $150 $100 $50 $0 -$50 -$100 -$150 5kgals $42.35 8kgals $50.18 $53.44 $3.26 12 kgals $60.62 $64.00 $3.38 20 kgals $92.00 $85.12 -$6.88 30 kgals $168.27 $111.52 -$56.75 40 kgals $263.27 $137.92 -$125.35 Current SFR Bills Proposed SFR Bills $45.52 Impacts $3.17 8 Water Rate Policy Recommendations Rate Structure Uniform Single Tier No Zones Issuance of Water Credits & Reserve Levels Option 1 2 3 4 Description Option Cost/Full Cost Legal Risk Operating/Capital Res. 1 YR Statute of Limitations 3015,384/53015,84 Low 25%/3.6M 25%/3.6M 25%/3.6M 25%/3.6M April 2015-San Juan Case 1.115,563/54,130,47 Medium Jan. 2014-mplementation 51862497/55,93444 High April '15 & Reduced Rates 51862497/55,95444 Medium Proposition 218 Timeline -February 27, 2018: Report Finalized/Public Notices pprovedAumonzaton to Mail -Mid March: Mailing of Public Notices -May 8, 2018: Public Hearing (45day requirement) July 1.2018: Rate Implementation Pipeline Capital Replacement Current cost for pipeline capital replacement of $440/LF Assume 3% inflationary factor for capital replacement Option 1 - Flat rate of $3.6 million per year Option 2 - Funding as identified in draft RFC report and then flat rate of $3.6 million per year after FY 2021/22 Option 3 - Funding as discussed at last AdHoc Committee meeting and then $3.6 million with 3% inflation adjustment after FY 2021/22 Deferred Maintenance Timeline 20.00 15.00 10.00 Option 1 Option 2 Option 3 5.00 0.00 0 1 2 3 4 5 67 8 9 10 11 12 131415 -5.00 Water Rate Policy Recommendations Rate Structure Uniform Single Tier No Zones Issuance of Water Credits & Reserve Levels Option 1 2 Description Option Cost/Full Cost Legal Risk Operating/Capital 1YR Statute of Limitations 305.54/55.015384 Low 25%/3.6M 25%/3.6M 259/3.6M April 2015--SanJuan Case 1.1556394130947 Medium Jana 2014-- Implementation 1,862, 497/55,993.4 High Proposition 218 Timeline -February 27, 2018: Report Finalized/Public Notices pprovedlAumnonzation to Mail -Mid March: Mailing of Public Notices -May 8, 2018: Public Hearing (45 day requirement) -July 1, 2018: Rate Implementation Proposed Proposition 218 Hearing Timeline Date Actions February 27, 2018 Report Finalized/Public Notices Approved/Authorzation to Mail Notices Mid March (No later then March 23) Mailing of Public Notices May 8, 2018 Public Hearing (45 day requirement) Second Public Reading of Ordinance Ordinance Effective (30 Days) Rate Implementation May 22, 2018 June 22, 2018 July 1, 2018 Water Rate Policy Recommendations Rate Structure Uniform Single Tier No Zones Issuance of Water Credits & Reserve Levels Option 1 2 3 4 Description Option Cost/Full Cost Legal Risk Operating/Capital Res. 1YR Statute of Limitations 3015,384/53,015,84 Low 25%/3.6M 25%/3.6M 25%/3.6M 25%/3.6M April 2015-San Juan Case 51.115.563/54,130,947 Medium Jan. 2014-mplementation 51862497/5593444 High April '15 & Reduced Rates 51862497/55,95444 Medium Proposition 218 Timeline -February 27, 2018: Report Finalized/Public Notices ApprovedlAutnonzation to Mail -Mid March: Mailing of Public Notices -May 8, 2018: Public Hearing (45 day requirement) -July 1,2 2018: Rate Implementation City of Lincoln Water Operations - Revenue & Expense Summary (unaudited) Fiscal Year Ending. June 30, 2016 REVENUES Water Sales Construction Water Sales UB Account Processing Fee Water Reconnection Charges Investment Revenue Unrealized Gain/Loss on! Invest Other Revenue TOTAL REVENUES 12,797,891 $ 81,494 $ 33,596.00 $ 169,757.13 $ 82,133.41 $ 16,314.36 $ 15,847.69 $ 13,197,033 EXPENSES Water Division Salaries & Benefits Operating Expenses Water Purchases Utlities Professional Services Depreciation Expense $ 803,376 $ 251,045 $ 6,269,462 $: 143,232 $. 208,537 $ 2,943,792 $ 10,619,443 $ 136,458 3,854 $ 140,312 $ 108,434 $ 5,560 $ 90,932 $ 15,268 $ 220,194 $ 277,672 $ 654,061 $ 45,579 $ 15,430 $ 299 $ 1,839,760 $ 161,852 $ 22,681 $ 3,017,334 $ 13,997,283 Public Services Administration Salaries & Benefits- Public Services Administration Operating Expenses Public Services Administration $ Utility Billing Salaries & Benefits Operating Expenses Professional Services Bad Debt Expense Other Expenses OPEB Expense Admin Cost Allocation Fleet Maintenance Engineer Costs Debt Service Lease Expense Transfer Out- Capital Replacement Fund Professional Services- City Attomey TOTAL EXPENSES Matthew Brower City Manager City of Lincoln 600 Sixth Street Lincoln, CA 95648 August 16, 2017 Hello Matt, Thank you, Ray and Jennifer sO much fori taking the time to meet with us recently. Also, thank you for your follow up letter along with the detailed financial documentation you sent me on 8/2. Your narrative summary really helped us better understand your (and the City's) position. We have had some outside independent finance experts also take à look at your letter and supporting financial information. All of us feel that your documentation is sufficient and not Based solely on your financials and your summary of them, we feeliconfident in responding with af few options for you and the City to consider and study further. We feel there are at few possible ways of looking at what we feel to be excessive charges in 2016/17 in light of Prop 218. Thus refunds would be due the citizens of Lincoln. By the way, for simplicity sake, we chose to round off all numbers to the nearest $100,000 mark. Here are our responses in no requiring an audit at this moment. particular order: 1) Change in Cash Position for both Funds 710 & 711 Fund 710 Fund 711 Total Add: Depreciation Accounts Rec. Deduct: Payables Transfer to 711 Net Change Fund 710 Fund 711 Net Change $3.6 mil. increase $1.4 mil. increase $5.0 mil. increase $3.01 mil. $2.5 mil. $0.9 mil. $2.2mil $7.4 mil. increase $0.9 mil. increase $4.0 mil. increase $4.9 mil. increase 2) Change in Net Position for both Funds 710 & 711 3) Income Statement/Cash Flows for Fund 710 only Revenue Expenses Net Cash Add: Depreciation Net Change Add: $16.3 mil. $14.6mil. $1.7mi. $3.0mil. (Non-cash item and covered by" Transfer Out-Fund 711 - otherwise double dipping) $.4.7 mil. increase $ 2.2 mil. There was absolutely no need for this transfer- as Fund Transfer Out711 mil. 711 had $7.4/$8.6 (Cash/Net Net Net Change $6.9 mil. increase Position) in it att the beginning of thet fiscal year. Additional information and responses for your consideration: General Observations: 1) The. Ad Hoc Committee agreed to $3.6 mil. / year in CIP (Fund 711) infrastructure improvements over 10 years, plus the water tank replacement of $3.0 mil. 2) As can be seen above, the Net Change in both Net Position and the Income Statements show almost an identical amount of overcharges: = refunds due. 3) Looking ati it through a different lens - Cash Position and Net Net Income numbers are closer to $7.1 mil. the "new HFH rates" - then you are 4) If we go all the way back to the beginning of The lawsuit looking at a $9.9 mil increase in Net Position. or not capi this. may may 5) As significant increase in revenues in 2016/17 were not solely caused by water consumption alone as the City cites, but were more a result of the steep HFH yearly rate 6) New increases. water rate structure = single tier volumetric /1 flat rate - should be effective immediately. The current class action litigation has no impact whatsoever on the proposed new rates as we will show in our Observations below. Fund 711 Observations: 1) Deferred maintenance ($36.0 mil. over 10 years), will now be scheduled out for the next 10 years per Ray's infrastructure mapi with timeline. 2) Per Ray, only so much, of the City's streets and pipes can be tom up replaced/repaired in any one year. The. Ad Hoc Committee and City Engineer 3) Funding for the replacement water tank ($3.0 mil.) already the next 21 fiscal years of CIP R&R required funding ($7.2 mil.). and concurred oni the 10 year plan. $10.2 mil. "will 2019/20. exists in account711, as does This equals at total of for of these projects that are now accounted for, 4) So, no monies' get eaten up" any scheduled and fully funded in Fund 711. 5) There will be no need of transfers out of Fund 710 into Fund 711 until fiscal year 6) Fund 711 is thus fuily funded for the next 2fiscal years. Fund 710 Observations: 1) Fund 710 contains over $11.0 mil in cash and cash equivalents (ie. cash, plus accounts 2) Refunding overcharges to the tune of up to $6.0 mil, will have no negative impact 3) As an example - a $6.0 mil. refund will leave Fund 710 with a 33% reserve. 4) The New Rates going forward - IF they are done properly will put the City on solid 5) Whether drought or excessive water use, ALL costs are covered. a) Single monthly flat rate = covering ALL fixed costs unrelated to volumetric water b) Single tier volumetric rate = covers ALL water purchases (and pumping) c) So, whether little or vast quantities of water are used - the result is ALL costs 6) New covered. Rate structure will be Prop 218 compliant thus benefittirig the Citizens first and foremost. And, it will protect the City and its Funds 710 &711 going forward. a) The old rates were excessive and non-compliant with Prop 218. b) Restitution through refunds shows good faith, putting the citizens first, and should be coupled with a public apology from the Council to its citizens. 8) Refunds and not credits should be issued within 60 days of an agreement. The cash is 9) An there. apology combined with refunds shows the City has integrity, places it citizens first and receivable minus payables). whatsoever on Fund 710 - even going forward. ground both financially and legally. purchases. due to system losses. plus 12% are 7) Refunds acknowledge two things - that leadership are: servant leaders to their citizens. Fund 715 Observations: 1) Fund 715-1 Water Connection Fees are arbitrary and have no supporting documentation to conclusively show how they are arrived at 2) Nor what the monies will be used for. This pertains to both PCWA and the City. 3) In other words there is NO direct correlation between fees and costs, other than guess work. And, furthermore none can be proven. 5) What' Water Connection Fees =i is a "best guess" on the high side. 6) Ine essence the connection fees are totally arbitrary. 7) This Fund should have at full review at some point in the future. LIFT's goal is to find a workable solution that is fair and equitable to the citizens and minimizes the City's legal exposure going forward and looking back. The citizens of Linçoin need to know with certainty that City Council and City Management has their best interests at heart - in all matters and at all times, both now and in the future. Respectfully submitted on behalf of the LIFT Committee a Craig Gandy, David Stanley, Jessica Booth, Matt Stuart, Shamus McClure, Ted Jones & Tony Manning CC. Lincoln City Council, City Treasurer, Class Action Plaintiffs A BC D F G H Combined Summary of Water Funds 710 & 711 12/2/201715:44 Attachment 1: No Additional Credits Budgeted #s RFCStudy#s RFCStudy#s RFCStudy#s RFCStudy#s $18,291,981 $8,371,031 $6,135,518 $5,827,105 $5,856,499 Activity (see exhibit D) FY17/18 0% FY18/19 3.20% FY19/20 3.50% FV20/21 3.50% FV21/22 3.50% Proposed Rate Increases: RFCStudy Unaudited Beginning Net Position July1 Liabilities and Receiveables Receivables (less 10% uncollectable) Liabilities Difference Adjusted Net Position E9+E14 Operating Budgets FY17/18 Budgeted Operating Revenues FY17/18 Budgeted Operating Expenditures Difference Adjusted Net Position E15+E20 Capital Budgets FY17/18 Capital Expenditures (seee exhibit A) Encumbrance Roll Over FY 16/17(see exhibit B) Sum Adjusted Net Position E21-E26 Reserve Requirements Fund 710F Reservel Target Fund 711 Reserve Target (seee exhibit C) Sum Adjusted Net Position E27-E32 Refunds within 1 Year Statute ofi Limitations (SOL) Single Family Residentail (SFR) Non-SFR( Commerda/Mutlfamh, Sum Adjusted Net Position! E33-E38 Optional Refunds Beyond 1Vears SOL Apr-15 Jan-14 Sum 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 43 44 45 46 47 48 9 50 51 52 53 $2,134,338 $2,890,676 ($756,338) $17,535,643 8,371,031 0 0 0: 0 0 0 6,135,518 0 0 0 5,827,105 5,856,499 0 0 0 $14,477,941 16,406,026 17,387,201 18,385,076 19,345,210 $11,231,169 11,954,738 12,833,348 13,476,297 14,697,878 $20,782,415 $12,822,319 $10,689,371 $10,735,884 4,647,332 $6,940,000 $6,686,801 $4,862,266 $4,879,385 $9,398,000 $6,686,801 $4,862,266 $4,879,385 $5,025,766 $11,384,415 $6,135,518 $5,827,105 $5,856,499 $3,246,772 4,451,288 4,553,853 4,908,779 $10,503,831 $0 $5,025,766 $0 $5,478,065 $0 $0 $0 $5,478,065 $2,458,000 $0 $0 $3,676,061 $4,000,000 $7,676,061 $1,400,000 $1,613,384 $3,013,384 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 SO $0 $0 $o $5,856,499 $5,478,065 $5,856,499 $5,478,065 $4,000,000 $4,000,000 $3,708,354 $6,135,518 $5,827,105 $5,856,499 $0 $0 $694,970 $6,135,518 $5,827,105 $5,856,499 $5,478,065 $o $0 $0 $0 $0 $0 $0 Adjusted Net Position E39-E44 Year Endi Net Position E45+E32 Operating Reserve Target Capital Reserve Target Target Total Reserves Above/Below,Target Perc. Above/Below) Targer $694,970 $6,135,518 $5,827,105 $8,371,031 $6,135,518 $5,827,105 $3,676,061 $3,945,063 $4,235,005 $4,000,000 $4,000,000 $4,000,000 $4,536,278 $4,850,300 $7,676,061 $7,945,063 $8,235,005 $8,536,278 $694,97G ($1,809,545) ($2,403,900) ($2,679,779! $8,850,300 9% -23% -29% -31% ($2,372,255) -38% COMBINED SUMMARY OF WATER FUNDS 710 & 711 Before V. After Changes Made Duringlast Ad Hoc Meeting Before FY18 $18,291,981 $2,134,338 $2,890,676 ($756,338); $17,535,643; $14,477,941 $11,231,169: $3,246,772; $20,782,415 $6,940,000 $2,458,000: $9,398,000; $11,384,415 $3,676,067 $4,000,000 $7,676,061 $3,708,354: $1,400,000: $1,613,384 $3,013,384: $694,970: $0 $0 $0i $694,970 $8,371,031 $3,676,061 $4,000,000 $7,676,067 $694,970 9%: After 8 $18,291,981 $2,371,487 $1,640,676 $730,811 $19,022,792; $14,477,941 $11,231,169 $3,246,772; $20,782,415 $5,840,000 $2,458,000: $8,298,000; $13,971,5641 $2,807,792 $3,600,000 $6,407,792; $7,563,722; $1,400,000; $1,613,384! $3,013,384: $4,550,388 $1,115,563 $1,862,497 $2,978,060 $1,572.328 $7,980,120 ($390,911) $2,807,792 $3,600,000 $6,407,792: $1,572,328 Net Change Activity(Seet ExhibitD) Uneudited Beginning Net Pasttion. Julyt Liabilities and Receiveables Receivables (less 10% uncollectable) Liabilities Difference Adjusted Net Position E94E14 Operating Budgets FY17/18 Budgeted Operating Revenues FY1 17/18E Budgeted Operating Expenditures Difference Adjusted Net Positionl E15+E20 Capital Budgets FY17/18 CapitalE Expenditures (see exhibit A) Encumbrance Roll Over FY1 16/17(see exhibit B) Sum Adjusted Net Position E21-E26 Reserve Requirements Fund 710 Reserve Target from 33% >2 25% Fund 711F Reserve Target (see exhibit C) Adjusted Net Position E27-E32 Refunds within' 1Vear Statute of Limitations (SOL) SingleF Family Residentail (SFR) Non-SFR Commerca/mutiamiy, Sum Adjusted! Net Position E33-E38 Optional Refunds Beyond 1Year SOL April 2015 Jan: 2014 Sum $237,149 C91,250,000) 01,487,49) $0 $0 $0 ($1300,000) $0 (7,00,000) ($868,2.69) (400,000) ,258,269) Sum $0 $0 $0 $1,115,563 $1,862,497 $2,978,060 Adjusted Net Positionl E39-E44 Year End Net Position 454032 Operating Reserve Target Capital Reserve Target Target7 Total Reserves Above/(Below) Target Perc. Above/(Below) Target $877,358 25%; $3,855,418 Total Water Consumption: and Percentage Breakdown for 2015 Month/Year January/2015 February/2015 March/2015 April/2015 May/2015 June/2015 July/2015 August/2015 September/2015 October/2015 November/2015 December/2015 Annual" Totals: Residential 93,280,900.00 87,115,000.00 114,922,000.00 147,326,000.00 158,082,000.00 164,185,000.00 200,430,000.00 207,726,000,00 190,060,000.00 179,901,000.00 106,838,000.00 79,192,000.00 1,729,057,900.00 1,803,350,900.00 149,612,128.00 37,168,000.00 199,931,000.00 1,670,000.00 294,027,972.00 Multi-family Commercial Industrial Irrigation Outside City watar accounts) (17,196 accounts) (97a accounts) (326 accounts) Hydrant Water (6accounts) (103 accounts) Limits (5 Consumption Total Monthly Total Water Production 5,058,000.00 7,659,900.00 437,000.00 3,211,000.00 2,313,000.00 125,000.00 112.084,800.00 130,100,000.00 4,529,000.00 7,319,800.00 246,000.00 3,049,000.00 2,789,000.00 52,000.00 105.109,800.00 120,000,000.00 5,293,000.00 9,444,600.00 602,000.00 3,547,000.00 7,194,000.00 75,000.00 141,077.600.00 183,900,000.00 6,849,000.00 12,762,560.00 681,000.00 2,828,000.00 17,829,000.00 119,000.00 L88,394,560.00 199,100,000.00 6,788,000.00 12,490,878.00 548,000.00 2,972,000.00 23,122,000.00 136,000.00 204,138.878.00 234,352,000.00 6,318,000.00 12,829,690.00 905,000.00 3,055,000.00 23,539,000,00 184,000.00 211.015,690.00 7,970,000.00 15,384,500.00 2,231,000.00 3,293,000.00 31,864,000.00 201,000.00 268,669,500.00 296,553,000.00 7,429,000.00 14,195,100.00 1,424,000.00 3,286,000.00 23,767,000.00 179,000.00 230,181,100.00 233,173,000.00 4,854,000.00 8,622,400.00 388,000.00 3,097,000.00 7,624,000.00 87,000.00 131,510,400.00 145,292,000.00 4,759,000.00 6,957,500.00 156,000.00 2,744,000.00 2,769,000.00 32,000.00 96,009,500.00 7,266,000.00 15,195,200.00 1,903,000.00 3,246,000.00 28,312,000.00 7,180,000.00 15,283,000,00 1,946,000.00 2,840,000.00 28,809,000.00 253,572,000.00 263,000.00 256,615,200.00 292,449,000.00 207,000.00 246,375.000.00 276,689,000.00 74,293,000.00 138,145,128.00 11,467,000.00 37,168,000.00 199,931,000.00 120,580,000.00 1,670,000.00 2,191,732,028.00 2,485,760,000.00 Percentages 72.55% 6.02% 1.50% 8.04% 0.07% 11.83% 100% Residentlal Total= Commercial Total= IndustrlalTotal: Irrigation' Total: Other= Remaining! Water Losss. Total Water Productions 2,485,760,000.00 Ted. Jones From: Sent: To: Cc: Subject: Ted. Jones ted@tedyones.com> Wednesday, December: 20, 20177:38F PM 'Matt Brower' RE: questions 'Jennifer Hanson'; 'Steve. Ambrose'; 'Bruce Cline'; 'Gerald Harner' Good evening Matt, Thank you for the quick response. What LIFT would like to request is the following data - copies of water bills'for the following COL properties and who pays the bills (i.e. which specific City funds)? Aitken Ranch Park Aubum Ravine Park Brown Park Coyote Pond Park Foskett Regional Park Joiner Park Machado Park Markham Park McBean Park McBean Pool Nathan Dubin Park Palo Verde Park Pete Demas Park Peter Singer Park Robert' "Chief" Jimenez Park Scheiber Park Sheffield Park Tweive Bridges Park Wilson Park Lincoln Airport Facilities Police Station Fire Stations Corporate Yard City Hall Civic Center Library Community Center Schools Lighting and Landscape Districts Assessment Districts Waste Water Treatment Facilities Street landscape median strips And whatever else we have missed here data prior to the next Council meeting. It will be important that a careful search be made of these and anything else you think pertinent. We need this This link and living up to it are. imperative to regain trust: htpyww.Incolnca.govabout-incohn/govemment transparency Thank you, Ted From: Matt Brower mailto.matt.brower@lincoinca.gov. Sent: Wednesday, December 20, 20172:59PM Cc: Jennifer Hanson; Steve Ambrose; Bruce Cline To: Ted. Jones Subjeck: RE: questions HiTed, wanted: to acknowledge receipt of your email. I'm pretty confident there are noi internal or external subsidies being supported int the water fund. Other than, of course, thei internal uses Imentioned! in mye email--usel byt fire department, when they pull water tot fight fires, and general usage, such as whent the City flushes lines, exercises fire hydrants. Since It's important to me to get the infoy your requested pertaining toi the water report provided toi the state. Can you provide me more. info about the exact docy your seeking. Jennifer telis me we have several reports we submit annually. Without unnecessarily burning staff time to get document(s) you may not want, ify you could be more: specific, that would be very you've raised the question, allow me to verify. helpful. Thanks. Alaiew! rower icoin Chy lennger 500 Sisths Street incoin, CA 95648 2H-414-2445 phone C75-545-2905 far Gbf ASOTACAUPORHA Atp/Mmnw.Iinhcsow, From: Ted. Jones malpitedotet-ons.om Sent: Tuesday, December 19, 20176 6:07PM Cc: Jennifer Hanson; Tony Manning; Gerald Harner' To: Matt Brower Subject: RE: questions Hello Matt, Good evening and thank you sO much for your recent response below. Your last statement in your email below caught my attention and I have been thinking about it, because it was such a strange response - m not aware of any extemal water customer accounts being subsidized." What this looks like to me is that there must be "intema!" i.e. City accounts that are receiving free or subsidized water? And, lam guessing judging by the 11.83% loss factor, that there are a number of them. 2 So, would you clearly and definitively tell me who is receiving what amourits of water per year and why. I would like al list of each individual recipient with gallons received per year, I believe this list should be provided tot the Ad Hoc Committee and the City Council immediately as it will impact refunds, reserves and rates going thave also leamed that the COL is required to submit a water loss report annually to the State and that it was completed/filed recently. Please send a copy of that water loss report to me and the entire Committee also. Finally, do you have definitive data for your refund calculations for thet two different additional periods in question? We have the overall figures you submitted, but no supporting documentation. We need that data = both SFR and all Commercial. Ineed to level with you here. - unfortunately, I have personally lost complete confidence in the numbers that you provide and Is simply will use the last Ad Hoc Committee meeting as an forward. example. Hoping you or Steve can send this over right away. Take care a Ted To: Ted. Jones Cc: Jennifer Hanson Subject: RE: questions Hil Ted, Best, as hew: Srower Mrcoin Cky Bisnage: 5005 Sixth Street Lincoln, CA 9564S 515-454-2449 phone 915-E45-3903 : Cityd From: Matt Brower malto:mat.brower@lincoinca.govy, Sent: Thursday, December 14, 20174:16PM l'vei taken the liberty to answer your questions below. Hope the infoi is what you're! looking for. t, CALIFORNIA Atp/Awinchasow From: Ted. Jones maltpiteierat-ones.on Sent: Thursday, December 14, 2017 6:41AM To: Matt Brower; Jennifer Hanson Subject: questions Good morning Matt and. Jennifer, Hoping all is well. Thave some lingering questions relating to the attached spreadsheet Steve sent to me some time ago. Itisa one page spreadsheet on water purchased and billed. It includes a loss of 11.8%. 3 Questions = and from PCWA? Ifnotit then who else? The water loss Is this the water paid for purchased solely billed. includes both PCWA water and well water. We compare the amount produced to the amount Isi the 11.8% loss = leaks? If not entirely, then what does the word "loss" specifically mean? The term loss generally refers to the difference between water purchased or pumped and the amount of water billed. Losses are therefore generally a product of system leaks, fire department use, and general Aret there any "customers" receiving free or subsidized water? I'm not aware of any" externaliwater hydrant use (flushing lines, exercising hydrants,) watertheft, etc.).1 customer accounts being subsidized. Thank you! Ted' W.Jones Jones & Company Flavorings 916.209.3302 direct office I voicemail 916.257.7400 cell I voicemail email: ted@ted-iones.com wanlasotheonicen Sourcing the World's Finest Vanillas This email has been checked for viruses by Avast antivirus software. www.avast.com CITY OF LINCOLN WATER LOSS REPPRT Provided by the State of California - AWWA Free Water Audit Software: Water Balance Report For: City of Lincoln Own Sources Well Water (Adjusted from Known Errors) 176.838 6.5% Year: 2016 (/2016-12/20/2016) Data Validity Score: 58 Water Exported 0% Export Revenue 0% Water 2,379.3 87.85 Billed Water Exported Billed Consumption 99.7% Unbilled Consumption 6.771 0.3% Bllled Metered Consumption Authorized (Water Exported Removed) 2,379.305 Revenu Authorized 2,379.305 Consumption 2,386.076 88.1% Billed Unmetered Consumption Non-billed Authorized Unbllled Unmetered Consumption o o 0% 6.771 100% 6.771 11% 19.3% 9.7% ??7 ??? ??? Authorized Consumption (exported Is removed) System Input 2,708.249 100% Water Supplied 2,708.249 100% Unauthorized Consumption ??? Apparent Losses 61.276 18.9% Imported Water PCWA 2,531.417 93.5% Non-Rev Wate (NRW) Customer Metering naccuracies 48.557 : : Water. Losses 322.173 11.9% Systematic Data Handling Errors 5.948 328,944 12.15% Leakage on' Transmission and/or Distribution Mains Gnot broken down) ??? 81.1% Real Losses Leakage and Overfiows at Utility's 260.897 Storage Tanks (nat broken down) Leakage Service Connections tnot broken down). luoetle Heckeis Cols we FY2017-2018 PARKS Aitken-Shared with Sorrento Pkwy #52 mn:73404843 Atkinson-Beale Circle mn:89355013 mn:74949242 Auburn Ravine mn:61491178 mn:60872238 mn:56785608 Brown-Shared w!#7 Venture/McClain mn:60733145 mn:61119331 Coyote Pond mn:57158290 mn: 61445915 Dubin Park mn:74816883 Fosket! Regional mn:55793209 mn:59672791 mn: 61445909 mn: 56787757 mn: 73405277 (SBI RR) 64481 2 mn: 82625575 mn: 63396683 Jimenez Park mn: 72506209 Joiner mn:57588918 Machado mn:60872239 mn: 60706496 Markham mn:55785610 mn:75063275 McBean mn:58501071 mn:60875907(D) m:58035252 mn:69081085 Palo Verde mn: 75680946 mn:71706419 # Monthly: Svc SERVICE CHARGE Acct Size July Aug Sept Oct Nov Mos. charge FYSvco charge July Aug Sept Oct Nov CONSUMPTION CHARGES $ 5Month Totals CONSUMPTION 61038 3 1622 873 718 738 1112 5$ 549.65 $ 2,748.25 $ 12,448.42 $ 5,699.93 4,303.38 $ 4,483.58 $ 7,853.32 $ 37,536.88 68110 Suspended 68111 Suspended 44962 3/4 1 68429 Suspended 44960 3 560 602 550 304 24 5$ 549.65 $ 2,748.25 $ 2,879.80 $ 3,258.22 $ 2,819.90 1,346.36 0 5$ 34.35 $ 171.75 $ 1.60 $ $ 38.40 $ 13,090.93 $ 1.60 $ 1.60 $ 1.60 $ 178.15 41437 1.5 537 587 506 517 a 5$ 171.77 $ 858.85 $ 4,285.77 3,835.27 $ $ $ $ $ $ $ $ $ 39003 3/4 41223 1 1 0 0 0 0 $ 3,555.96 $ 3,655.07 $ 12.80 $ 16,203.72 1$ 34.35 $ 34.35 $ 1.60 $ 5$ 51.53 $ 257.65 $ 35.95 $ 257.65 41224 1.5 77 90 105 114 11 5$ 171.77 $ 858.85 $ 165.62 $ 203.05 $ 268.45 $ 307.69 $ 17.60 $ 1,821.26 65711 3 1391 1286 843 592 167 5$ 549.65 $ 2,748.25 $ 10,367.11 $ 9,421.06 $ 5,429.63 3,168.12 30032 4 5970 6861 4619 3618 375 5$ 858.83 $ 4,294.15 $ 50,672.60 $ 58,700.51 $38,500.09 $ 29,481.08 $ 538.77 $ 31,672.94 $ 1,771.65 $183,420.08 $ 54.40 $ 17.60 1,733.03 40066 4 49621 2 40065 2 66782 1 58293 3 0 1$ 858.83 $ 858.83 76 42 31 34 11 5$ 274.83 $ 1,374.15 18 8 8 9 6 5$ 274.83 $ 1,374.15 5 2 2 3 2 5$ 274.83 $ 1,374.15 163.01 $ 74.27 49.60 28.80 $ 12.80 $ $ 858.83 8.00 $ 3.20 $ 12.80 3.20 $ $ 14.40 4.80 $ $ 9.60 3.20 1,452.55 1,396.55 1 2 0 1 o 5$ 51.53 $ 257.65 > 1.60 $ 3.20 $ 66783 2 387 338 205 69 3 5$ 274.83 $ 1,374.15 $ 2,166.67 $ 1,725.18 $ 753.35 $ $ 144.74 1.60 $ $ 4.80 $ 6,168.89 264.05 16 15 16 16 16 s$ 549.65 $ 2,748.25 $ 25.60 $ 24.00 $ 25.60 $ 25.60 $ 2,874.65 25.60 I$ $ - 171.75 30.40 1,708.15 $ 6,639.35 74.27 $ $ 7,181.33 $ 142.13 $ 60,101.50 $ 1.60 $ $ $ 260.85 $ $ $ 28846 4 2007 2148 1343 1072 41 5$ 858.83 $ 4,294.15 $ 14,965.97 $ 16,236.38 $ 8,983.33 $ 6,541.62 $ 71.66 51,093.11 44963 3/4 22968 1 29483 4 66695 1 57163 1 0 0 0 0 0 5$ 34.35 $ 171.75 $ $ $ $ $ 1,328.39 $ 36.80 17,021.56 44961 3 702 931 501 301 23 5$ 549.65 $ 2,748.25 $ 4,159.22 $ 6,222.51 2,526.39 19 0$ 51.53 $ 30.40 22968 1 101 112 125 105 5$ 51.53 $ 257.65 $ 290.27 $ 371.45 $ 467.39 $ 319.79 $ 1.60 29483 4 191 206 157 123 42 5$ 858.83 $ 4,294.15 $ 669.49 $ 759.34 $ 495.17 $ 346.93 $ 22710 4 2198 2474 1747 1143 68 5$ 858.83 $ 4,294.15 $ 16,686.88 $ 19,173.64 $12,623.37 1 0 0 0 5$ 51.53 $ 257.65 $ 1.60 $ 5$ 51.53 $ 257.65 $ 57160 2 861 672 489 468 105 5$ 274.83 $ 1,374.15 $ 6,437.41 $ 4,734.52 $ 3,085.69 $ 2,896.48 $ 268.45 S 18,796.70 257.65 FY 2017-2018 PARKS Pate Demas mn:59155494 Pete Singer mn:61491194 mn:59672776 Scheiber mn:72361528 Sheffield mn:60873219 imn: 8817045 Twelve Bridges mn:55793058 mn: 58556895 Wilson mn:58501049 otas # Monthly Svc SERVICE CHARGE 5Month Totals Acct Size July Aug Sept Oct Nov Mos. charge FYSvccharge! July Aug Sept Oct Nov CONSUMPTION CHARGES CONSUMPTION 37523 1 183 243 160 66 2 5$ 51.53 $ 257.65 $ 908.47 $ 1,449.07 $ 725.69 $ 136.91 $ 3.20 $ 3,480.99 41553 3 1671 993 948 695 14 5$ 549.65 $ 2,748.25 $ 12,889,91 $ 6,781.13 $ 6,375.68 $ 4,096.15 $ 22.40 $ 32,913.52 25561 2 403 504 343 166 351 5$ 274.83 $ 1,374.15 $ 2,310.83 $ 3,220.84 $ 1,770.23 $ 534.41 $ 56.00 $ 38732 3 399 453 213 172 11 5$ 549.65 $ 2,748.25 $ 1,915.41 $ 2,238.87 $ 801.27 $ 560.57 21337 3 745 1085 554 476 75 5$ 549.65 $ 2,748.25 $ 4,546.65 $ 7,610.05 $ 2,843.86 41552 2 0 1 1 1 0 5$ 274.83 $ 1,374.15 $ 1.60 $ 1.60 $ 1.60 $ $ 1,378.95 9,266.46 8,281.97 173.35 3.20 1,390.15 $ 38731 3/4 0 1 0 0 Oj 5$ 34.35 $ 171.75 $ $ 1.60 $ $ $ $ 17.60 $ 2,376.64 $ 160.40 $ 20,285.85 $ 29527 2 2 2 2 2 2 5$ 274.83 $ 1,374.15 $ 3.20 $ 3.20 $ 3.20 $ 3.20 34447 3 1019 798 586 411 41 5$ 549.65 $ 2,748.25 $ 7,015.39 $ 5,024.18 $ 3,114.06 $ 1,987.29 $ 71.66 $ 19,960.83 21164 21330 14774 11217 2195 57,576.08 $ 155,596.80 $ 157,241.17 $99,542.09 $71,000.35 $11,222.71 $552,179.20 FY3 2017-2018 STREETSCAPE #1 Nicholas Rd. (Jolner Pkay to Teal Hollow Dr.) mn:56301581 mn:33032540 #2Lakeside Dr. (Nicholas Rdi to Venture Dr.) mn:68579931 mn:2960206 mn:71978634 mn:73052487 #3 Venture Dr. (Teal Hollow Dr. Morth to Lakeside Dr.)-shared with #4 Teal Hollow North mn:55409391 #4Teal Hollow Morth (Venture Dr. to Meadowland wy) mn: seet #3 Venture Dr., 55409391 #5Tea! Holiow South (Nicholas Rd. tol Floradale Wly) mn:56602858 mn:07635434 S. Joiner (icholas Rd. toLakeside Dr.) mn:58556911 #7 Venture McClain Cooridor-sharedi with Brown Park mnsee Brown Park, 60733145 #8L Lakeside Greenbelt mn:63346070 #9Lakeside. Jolner Streetscape mn:61445913 #13 Aviation Pkw mn:61605737 # Monthly Svc SERVICE CHARGE Acct Size July Aug Sept Oct Nov Mos. charge FYSvc chargei July Aug Sept Oct Nov 5Month Totals CONSUMPTION CONSUMPTION CHARGES 26590 2 00 0 0 5$ 274.83 $ 1,374.15 $ 9 $ 1,374.15 2,251.29 22883 3/4 76111 115 131 27 5$ 34.35 $ 171.75 286.83 $ 524.13 $ 553.65 $ 671.73 $ 43.20 22729 1 109 146 159 175 60 5$ 51.53 $ 257.65 $ 349.31 $ 622.37 $ 718.31 $ 22727 1.5 122 139 81 89 12 5$ 171.77 $ 858.85 $ 342.57 $ 416.69 $ 176.06 $ 198.69 22726 1 0$ 51.53 $ $ $ 836.39 $ 121.25 $ 19.20 2,905.28 2,012.06 257.65 22726 1 53 74 74 88 18 5$ 51.53 $ 257.65 22877 1 19 17 44 56 124 5$ 51.53 $ 257.65 $ 30.40 $ 27.20 $ 79.49 $ 110.81 19.20 $ 524.75 30037 3/4 0 0 0 0 0 5$ 34.35 $ 171.75 $ 171.75 4,923.37 $ 10,604.27 22878 1.5 166 238 253 230 271 5$ 171.77 $ 858.85 $ 534.41 $ 1,141.28 $ 1,276.43 $ 1,069.20 $ 43.20 37184 2 550 480 422 55 5$ 274.83 $ 1,374.15 $ 3,635.30 $ 3,004.60 $ 2,482.02 $ 108.20 $ 40338 3/4 52 56 48 57 24 5$ 34.35 $ 171.75 $ 151.71 $ 174.23 $ 129.19 $ 179.86 $ 38.40 $ 845.14 39368 1.5 334 332 305 226 102 5$ 171.77 $ 858.85 $ 2,006.24 $ 1,988.22 $ 1,744.95 $ 1,033.16 $ 255.37 $ 7,886.79 41222 1 259 283 272 290 87; 5$ 51.53 $ 257.65 1$ 1,593.23 $ 1,809.47 $ 1,710.36 $ 1,872.54 $ 191.72 $ 7,434.97 FY2017-2018 STREETSCAPE 014. Joiner Plony Islands (Micholas Rd, toi Moore Rd.) m:30306683 mn:41034022 mn:61445914 mn:68579962 mn:41034026 mn:55747159 mn:33184449 mn:33184439 mn:33184393 #15 3rd Street Soundwal! mn:30125448 #16 Mariner Circle mn:55347144 17 2D Entry, Moore & Portello mn:59155516 #18 Sterling Pkwy mn:70118994 #19 Delancy Way/Deanna Ct mn: 54746540 #20 Sorrento, Ferrari Ranch Rd. mn:58064535 21 12 Bridges Dr. 65tOEJP) mn:09918169 mn:89272552 #22 12 Bridges Median (EJP to Eastridge Dr.) mn:55793059 1241 Twelve Bridges @ Southcraek Dr. mn:14144767 26 Westvlew Dr. and EJP South end of EJP mn:14119057 #27 East Ridge Dr.(12 Bridges to Southcreek Dr.)j mn:14207354 # Monthly Svc SERVICE CHARGE Acct Size July Aug Sept Oct Novj Mos. charge FYSvccharge July Aug Sept Oct Nov 5Month Totals CONSUMPTION CONSUMPTION CHARGES 22916 Reclaimed 22970 Reclaimed 52159 Reclaimed 33542 22971 Reclaimed see #61 22975 3/4 0 1 22917 3/4 22915 3/4 154 149 140 169 38! 5$ 51.53 $ 257.65 $ 681,41 $ 644.51 $ 578.09 $ 792,11 $ 63.83 $ 3,017.60 1.60 $ 6.40 $ 6.40 $ 6.40 $ 192.5 12,80 $ 1.60 $ 1.60 $ 4 U 5$ 34.35 $ 171.75 5$ 34.35 $ 5$ 171,75 34.35 $ 171.75 $ 5$ 34.35 $ 171,75 $ 41.50 $ 48.00 0 1 0 8 > 1.60 $ $ $ $ 173, $ 187.7 22974 3/4 26 30 20 24 22972 3/4 2 9 / 9 $ 32.00 $ 38.40 $ 11.20 $ 342.95 5$ 34.35 $ 171.75 $ 3.20 $ 14.40 $ 11.20 $ 14.40 $ 3.20 $ 218.15 33523 1 0 0 0 0 5$ 51.53 $ 257,65 $ $ $ $ 257.65 12,80 1,566. 51.20 $ $ $ $ $ $ 257.65 $ 2,748.2 $ 54918 2 25 26 29 32 5$ 274.83 $ 1,374.15 $ 40.00 $ 41.60 $ 46.40 $ 17912 1 41225 3 30069 3 0 0 0 0 0 0 0 0 5$ 51.53 $ 257.65 $ 5$ 549.65 $ 2,748.25 $ 30069 3 1321 1447 1213 1417 293 5$ 549.65 $ 2,748.25 $ 9,736,41 $10,871.67 $ 8,763.33 44,001.50 2,748 $10,501.37 $1,280.47 $ 30683 3 0 0 0 0 5$ 549.65 $ 2,748.25 $ $ - $ $ > $ 30018 3 296 292 259 314 661 5$ 549.65 $ 2,748.25 $ 1,298.44 $ 1,274.48 $ 1,076.81 $ 1,406.26 136.91 $ 7,941.15 30019 2 234 232 203 227 49! 5$ 274.83 $ 1,374.15 $ 927.06 $ 915.08 $ 741.37 $ 885.13 $ 92.54 $ 4,935.33 30020 2 300 295 279 371 721 5$ 274.83 $ 1,374,15 $ 1,382.80 $ 1,337.75 $ 1,196.61 $ 2,022.51 $ 152.57 I$ 7,466.39 FY 2017-2018 STREETSCAPE #28 Eastridge Dr. Open Space Frontage- Southcreek to Old Kenmare mn:14251329 30 Eastridge Dr. (old Kenmare to End of Eastridge) mn:48005184 #32 Eastside of Eastridge (12 Bridges Dr.t to Old Kenmare) mn:76533314 #33 12 Bridges Dr. (Eastridge to (end of Landscape East of Dunlewy) mn:55793135 mn:55793133 #34 Catta Verdera Frontage mn:57713966 mn:57713964 #36 Foxworth Estates Virginia Town and McCourtney Rd mn:56602854 mn:62654155 37 The Grove East 12th Street mn:54591020 #38 Ravine Meadows Pump Station End of Ferrari Way mn:30306684 44 First and Fuller Median meter will bei installed NEW 3/4 #45 Gateway Dr. and ESt. mn:60873058 # Monthly Svc SERVICE CHARGE Acct Size July Aug Sept Oct Nov Mos. charge FYSvc charge July Aug Sept CONSUMPTION CHARGES Oct Nov 5 Month Totals CONSUMPTION 17541 2 00 0 0 5$ 274.83 $ 1,374.15 $ $ 1,374.15 40399 2 212 198 220 139 25! 5$ 274.83 $ 1,374.15 $ 795.28 $ 711.42 $ 843.20 $ 416.69 $ 40.00 $ 4,180.74 27735 1 212 306 294 346 63 5$ 51.53 $ 257.65 $ 1,169.76 2,016.70 $ $ 1,908.58 $ 2,377.10 $ 129.08 $ 7,858.87 27734 1.5 157 171 24 0 0! 5$ 171.77 $ 858.85 $ 495.17 27733 1.5 292 344 291 369 80! 5$ 171.77 $ 858.85 $ 1,627.82 $ $ 2,096.34 556.21 $ $ 1,618.81 38,40 $ 29539 1.5 235 241 229 268 57 5$ 171.77 $ 858.85 $ 1,114.25 $ 1,168.31 $ 1,060.19 $ 1,411.58 29540 1.5 344 414 369 437 92 5$ 171.77 $ 858.85 $ 2,096.34 $ 2,727.04 2,321.59 2,934.27 $ 113.42 $ $ 2,321.59 $ 173.45 1,948. 8,696. 5,726. 11,149. $ $ $ 211.77 29538 3/4 2729 25 28 5$ 34.35 $ 171.75 $ 43.20 $ 46.40 22969 2 87116 99 124 25 5$ 274.83 $ 1,374.15 $ 191.72 $ 316.41 $ $ 242.29 40.00 $ $ 351.29 44.80 $ 9.60 35: 2,515 $ 40.00 29642 3/4 0 0 9 27 5$ 34.35 $ 171.75 $ 5$ 51.53 $ 257.65 6$ 34.35 $ 206.10 $ $ 14.40 $ 43.20 $ 3.20 $ 232.5 66781 1 0 0 0 0 0 $ $ 257,65 206.10 1,799 42139 3/4 89 97 83 106 20j 5$ 34.35 $ 171.75 $ 361.77 $ 420.81 $ 326.24 $ 487.23 $ 32.00 FY2017-2018 STREETSCAPE #46 KB-Homes Froptage and-Outfa!l MeCouriney-g Mirginiato- Rd- Sassafrass & Virginia Tow mn:61491228 147, Joiner Overcrossing mn: 61491192 #51 Orly Court 53F mn:60873175 Ranch/Sorrento Pkwy mn:78213974 #56 Lakeside Dr. #5(97) mn: 14040816 #57 Lakeside Dr. #2(97) mn: 30302419 #58 1452 McCourtney-Irr (97) mn: 68579930 60 Lakeside Dr. #1 mn: 59126350 #S1 5th & Joiner/West of mn: 55347159 Granite Park Dr mn: 52990872 GrovelandJoiner jmn: 54035893 Newbridge Ct. imn: 54035894 Sterling Pkwy- behind Casal Ramos mn: 60872990 Veneto Way mn: 81584440 Aiberton Cir/Brentiord Cir jmn: 58628281 Hillwood Lp mn: 58589212 Forebridge Ln mn: 58628267 votals # Monthly Svc SERVICE CHARGE Acct Size July Aug Sept Oct Nov Mos. charge FYSvc charge July Aug Sept CONSUMPTION CHARGES Oct Nov 5Month Totals CONSUMPTION 49783 2 248 176 166 242 45 5$ 274.83 $ 1,374.15 $ 1,010.92 45144 2 241 308 323 375 79 5$ 274.83 $ 1,374.15 $ 968.99 1,454.88 $ 579.64 $ 534.41 $ 974.98 $ 82.10 $ 4,556.20 $ 1,590.03 $ 2,058.55 $ 170.84 $ 7,617.44 $ 39369 3/4 15 26 13 13 5$ 34.35 $ 171.75 $ 5$ 51.53 $ 257.65 24.00 $ 41.60 $ 20.80 $ 20.80 $ 4.80 $ 283.75 61039 1 0 0 0 0 $ $ $ $ $ 257.65 22728 1.5 126 186 187 44 9 5$ 171.77 $ 858.85 $ 360.01 $ 672.76 $ 681.77 $ 79.49 $ 14.40 $ 2,667.28 429.77 $ 312.05 $ 203.05 $ 160.40 $ 8.00 $ 1,972.12 $ 3.20 $ 4.80 $ 12.80 $ 3.20 $ 490.74 22725 1,5 142 115 90 75 49854 1 90 2 3 8 22724 3/4 3 10 0 27166 1 37183 Suspended 19151 Suspended 19152 Suspended 26591 Suspended 64800 1 87 16 295 302 30034 3/4 0 00 0 31010 Suspended 5$ 171.77 $ 858.85 $ 5$ 51.53 $ 257.65 $ 209.09 5$ 34.35 $ 171.75 $ 4.80 $ 1.60 $ 16.00 $ $ 194.15 4 4 5$ 51.53 $ 257.65 $ 6.40 $ 6.40 $ 6.40 $ 6.40 $ 3.20 > 286.45 5$ 51.53 $ 257.65 $ 191.72 5$ 34.35 $ 171.75 $ 1,917.59 $ 25.60 $ $ 1,980.66 $ $ $ $ 4,373.22 171.75 30033 3/4 000 0 5$ 34.35 $ 171.75 $ $ $ 171.75 6709 7116 6662 6872 1423] 38,595.95 $34,141.93 $38,029.05 53 34,712.82 $37,581.79 $3,530.52; $ 186,592.06 FY2 2017-2018 # MonthlySvc SERVICE CHARGE FACILITIES Acct Size July Aug Sept Oct Nov! Mos. charge FYSvc charge! July Aug Sept Oct Nov CONSUMPTION CHARGES $ $ 5Month Totals CONSUMPTION #11 Airport Office Beerman's Plaza mn:2627712 mn: 48014188 22717 1.5 Carnegie Library mn: 60871512 (indoors) #10 City Corp Yard mn:62924996 43049 4 mn:58498197 55770 3/4 41 51 54 25 10 5$ 34.35 $ 171.75 $ 89.78 146.08 162.97 $ 40.00 $ 16.00 626.58 2,031.05 22718 1.5 108 118 111 103 5$ 171.77 $ 858.85 > 281.53 5$ 171.77 $ 858.85 7 19 21 24 $ 325.13 $ 294.61 $ 259.73 $ 11.20 11.20 $ 30,40 $ 33.60 $ 38.40 $ 12.80 $ 985.25 $ 97.76 $ 52.80 $ 56.00 $ 16.00 $ 1,163.51 mn:2667491 (irrig.) 22715 1.5 45 51 33 35 10 5$ 171.77 $ 858.85 $ 82.10 22714 3/4 0 0 0 0 6 8 8 4 5$ 34.35 $ 171.75 $ 5$ 858.83 $ 4,294.15 $ $ $ $ 9.60 171.75 4,342.15 8,620.69 3,419.11 mn:08508460 22861 2 340 374 315 343 77 5$ 274.83 $ 1,374.15 $ 1,743.20 $ 12.80 $ 12.80 $ 6.40 $ 6.40 mn: 61491193 45600 2 166 168 152 145 32 5$ 274.83 $ 1,374.15 $ $ 2,049.54 $ 1,517.95 $ 1,770.23 $ 165.62 534.41 $ 543.13 $ 473.37 $ 442.85 $ 51.20 City Hall mn:6 60868793 39710 4 #54 City! Hall- irrigation Civic Center mn:10122536 Community Center mn:3444777 Fire Station 33 mn; 56787754 40209 2 #59 Station 33- Irigation(197) imn: 61108582 40210 1 Fire Station 34 #55 Station 34- irrigation Fire Station 35 mn:55409396 22868 1 McBean mn: 71978642 66189 1 McBean Pool imn: 14118262 22682 4 54 62 51 35 18 5$ 858.83 $ 4,294.15 $ 105.59 $ 126.47 $ 97.76 $ 56.00 $ 28.80 $ 4,708.77 mn: 60873104 39712 3/4 86 71 35 42 12 5$ 34.35 $ 171.75 $ 343.13 258.68 $ $ 56.00 $ 95.41 $ 19.20 $ 944.17 mn:56600952 26588 1.5 14 29 30 13 5$ 171.77 $ 858.85 $ 22711 Suspended 7856 3 22.40 $ 46.40 $ 48.00 $ 20.80 $ 6.40 $ 1,002.85 25 213 174 181 38 5$ 549.65 $ 2,748.25 $ 40.00 $ 801.27 $ 569.29 $ 609.59 $ 63.83 $ 4,832.23 11 9 11 9 5$ 274.83 $ 1,374.15 $ 17.60 $ 14.40 $ 17.60 $ 14.40 $ 9.60 $ 1,447.75 60 71 68 80 48 5$ 51.53 $ 257.65 $ 121.25 $ 149.96 $ 142.13 $ 173.45 $ 89.93 $ 934.37 $ 14.40 $ 17.60 $ 11.20 $ 1,450.95 $ 253.37 $ 113.42 $ 16.00 $ 1,019.02 $ 5 $ 11.20 $ 12.80 $ 9.60 $ 394.89 $ 789.29 $ 186.50 $ 224.85 $ 4,603.51 9.60 $ 12.80 $ 8.00 $ 9.60 $ 9.60 $ 307.25 mn: 47025074 39786 2 11 10 9 11 5$ 274.83 $ 1,374.15 $ 17.60 $ 16.00 mn: 61108658 39784 1 93 70 96 57 10] 5$ 51.53 $ 257.65 $ 231.23 147.35 mn: 14012333 22865 1.5 16 7 7 8 6 5$ 171.77 $ 858.85 $ 25.60 $ 11.20 $ mn: 58064534 66188 3 103 134 211 85 95 5$ 549.65 $ 2,748.25 $ 259.73 $ 0 0 0 0 0j 5$ 51.53 $ 257.65 257.65 929.25 6 8 5 6 6 5$ 51.53 $ 257.65 45 40 20 20 51 5$ 858.83 $ 4,294.15 I$ 82.10 $ 69.05 $ 32.00 $ 32.00 $ 8.00 I$ 4,517.30 FY 2017-2018 # Monthly Svc SERVICE CHARGE 5Month Totals 911.65 FACILITIES Acct Size July Aug Sept Oct Nov! Mos. charge FYSvc charge! July Aug Sept CONSUMPTION CHARGES Oct Nov CONSUMPTION 58 8 7 8 Police Department mn:8993723 Twelve Bridges Library #39 Parking Lot F St. Btwn 6th & 7th #40 Parking Lot corner of F and 6th Street mn:07963098 NEW 3/4 #41 Parking Lot corner jof4 4th and H Street mn:55785624 29484 1 #42 Parking Lot between Ea and F behind Civic Center mn:57387216 NEW 3/4 391 HSt mn: 89658570 22872 Suspended Resevoir Del Web Tanks (99)--Trees by Res Tanks mn: 10554813 29526 Suspended 1878-1880 Flightlinel Dr. (99)--Leased hangars at Airport 1245 Fiddyment Rd. Bypass (97)-- WWTRF 22863 1.5 5$ 171.77 $ 858.85 $ 8.00 $ 12.80 $ 11.20 $ 12.80 $ 8.00 $ mn:60876426 64201 4 578 863 548 679 110 5$ 858.83 $ 4,294.15 $ 2,987.62 $ 4,694.77 $ 2,807.92 $ 3,592.61 $ 290.25 $ 18,667.32 mn:33184447 29522 3/4 1113 12 4 5$ 34,35 $ 171.75 $ 17.60 $ 20.80 $ 19.20 $ 6.40 $ 6.40 $ 242.1 0 0 0 6$ 34.35 $ 206.10 $ - S $ 206.10 4 6 5 8 5$ 51.53 $ 257.65 $ 6.40 $ 9.60 $ 8.00 $ 12.80 $ 9.60 304.0 0 0 0 0 6$ 34.35 $ 206.10 5 9 $ 206.1 mn: 56093983 23462 1 4144 52 51 33 5$ 51.53 $ 257.65 $ 71.66 $ 79.49 $ 100.37 $ 97.76 $ 52.80 $ 659 mn: 58503203 32360 2 455 708 607 429 112 5$ 274.83 $ 1,374.15 $ 2,779.35 $ 5,058.88 $ 4,148.87 $ 2,545.09 $ 298.97 $ 16,205. FY3 2017-2018 # Monthly Svc SERVICE CHARGE 5Month Totals FACILITIES Acct Size July Aug Sept Oct Nov Mos. charge FYS Svc charge July Aug Sept Oct Nov CONSUMPTION CHARGES CONSUMPTION 1245 Fiddyment Rd Main (99)--WWTRF 1790 Flightline Dr. (99)--City. Hangars at Airport mn: 60733087 44241 1.5 E.Lincoln Sewer LS. mn: 61605744 40930 1 2701 Waverly-old WWTF mn: 54949024 22881 Suspended 3rd St @ Sewer- LS. mn: 55409397 22973 1 Totalis mn: 58990427 32359 8 117 154 187 123 42 5$ 2,442.87 $ 12,214.35 $ 320.77 $ 482.09 $ 645.53 346.93 $ $ 74.27 $ 14,083.94 1 0 1 4 0 0 5$ 171.77 $ 858.85 $ 1.60 $ 1.60 $ 5$ 51.53 $ 257.65 $ 1.60 $ 6.40 $ $ 1.60 $ $ $ 1.60 $ 865.2: 265.65 0000 2450 3314 2829 2529 717j 5$ 51.53 $ 257.65 $ $ $ 1,60 259.2: 50,930.55 $10,222.25 $15,619.74 $ 12,328.23 $10,571.17 $1,519.72 $101,191. 6006THSTREET www.lncoinca.gov Lincoln LINCOLN, CALIFORNIA! 95648 ELECTRONIC SERVICE REQUESTED ECOUMGINFORMATON Lbpr Statement Date: Account Number: 01/10/18 064201-000 Utility Billing: (916)434-2430 Solid Waste Collection: (916) 434-2450 Service Address: 485 TWELVE BRIDGES DRIVE WATERMETERI READING SERVICE FROM: 12/1/2017 TO: 12/31/2017 Meter Number Previous Reading Reading Current Consumption 60876426 30930000 30956000 26000.00 102069 132033398 CIVYOFINCOUN-UBRAR 485 TWELVE BRIDGES DRIVE LINCOLN, CA 95648-8823 ""! PPIA4PyM SPECIALMESSAGE: Online Bill Pay now available. Goto AmeEN to set up, your online utility account today. Once enrolled, youl have the ability to monitor your account and to make payments by credit card 24/7. For more information visit the City of Lincoln website: www.incoinca.goy or call 916-434-2430. ACCOUNT CHARGES DUE Water Service Charge 4 (Tiers Measured in 1,000 Gallons) Tier 1 Usage SEWER TOTAL CURRENT CHARGES Total Current Charges Due: 2/1/2018 Previous Balance TOTAL AMOUNT DUE 858.83 41.60 900.43 160.00 1060.43 0.00 1060.43 26@1.60 Tôtal Water Charge: USAGE HISTORY: Current Cons 965000 772000 579000 386000 193000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC PAYMENT COUPON Pleaser retumt this portion alongy withy yourp payment Please makey your check; payablet to: CITY OF LINCOLN Route /S Service: 099-0830 Service Address: 485 TWELVE BRIDGES DRIVE Billing Address CITY OF LINCOLN-I LIBRARY 485 TWELVE BRIDGES DRIVE LINCOLN, CA 95648-8823 Account Number: 064201-000 Service Period: Total Gurrent Charges Dues 2/1/2018 Total Amount Due: 1060.43 AMOUNT ENCLOSED $_ 12/1/2017To 12/31/2017 CITY OF LINCOLN PO BOX5 541073 LOS ANGELES, CA 90054-1073 IAAPA-wN 20000108043020112 GEPTATAADSISAPHOP: COL-100 Mooxx10000001 6006THSTREET www.lincoinca.gov Lincoln LINCOLN, CALIFORNIA95648 ELECTRONIC: SERVICER REQUESTED UTEITT ACCOUNTI INFORMATION Statement Date: Account Number: 01/10/18 066188-000 Utility Billing: (916): 434-2430 Solid Waste Collection: (916) 434-2450 Service RGdVIGBEAN: PARKI DRIVE PAVILLION MAIN 102069 132034538 CITY OFLINCOLN 6006 6THSTREET LINCOLN, CA 95648-1825 WATER: METER SERVICE FROM: 12/1/2017 TO: 12/31/2017 Meter Number Reading Reading Consumption 58064534 9984000 118000 134000.00 READING Previous Current PTP-lmpap--M- PEÇILMESSAGE. Online Bill Pay now available. Got to ACGOUNT CHARGES DUE Water Service Charge 3 (Tiers Measured in 1,000 Gallons) Tier 1 Usage Tier 2 Usage Tier 3 Usage SEWER TOTAL CURRENT CHARGES Total Current Charges Due: 2/1/2018 Previous Balance TOTAL AMOUNT DUE 549.65 56.00 138.33 200.56 944.54 691.36 1635.90 0.00 1635.90 online MAaEN utility account today. Once enrolled, to set youl up have your the ability to monitor your account and to make payments by credit card 24/7. For more information visit the City of Lincoln website: www.lincoinca.gov or call 916-434-2430. 35@1.60 53@2.61 46@4.36 Total Water Charge: USAGE HISTORY: Current Cons 215000 172000 129000 86000 43000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC PAYMENT COUPON Please return this portiona alongy with yourp payment Pleaser makey your checkp payablet to: CITY OFL LINCOLN Route / Service: 099-0008 Billing Address CITY OF LINCOLN 600 6THSTREET LINCOLN, CA 95648-1825 Account Number 066188-000 Service Period: Total Current Charges Due: 2/1/2018 Total Amount Due: 1635.90 12/1/2017 To 12/31/2017 Service Address: 75 MCBEAN PARK DRIVE PAVILLION MAISMOUNT ENCLOSED $ CITY OF LINCOLN POBOX 541073 LOS ANGELES, CA 90054-1073 PArwN 61890000163590020184 0E5P7ATMAROMARIPhIDAN COL-100 Moxxx10000001 6006THSTREET www.incolnca.gov Lincoln LINCOLN, CALIFORNIA 95648 ELECTRONIC: SERVICE REQUESTED UTLITY CCOUATIFORMATION Statement Date: Account Number: Service Address: 01/10/18 007856-000 20101STSTREET Utility Biling: (916) 434-2430 Solid Waste Collection: (916) 434-2450 102069 132036482 CITYOFLINCOLN (COMMUNITY CENTER) 600 SIXTHSTREET LINCOLN, CA 95648-1825 WAVERIMEIERHEADING SERVICE FROM: 12/1/2017 TO: 12/31/2017 Meter Number Reading Reading Consumption T7Pprlaaa-hllhl Previous Current 52900 03444777 54000 1100.00 SPECIAL MESSAGE. Online Bil Pay now available. Got to ASTESN online utility account today. Once enrolled, you! have the ability to monitor your account and to make payments by credit card 24/7. For more information visit the City of Lincoln webasle:wwainoncagov. or call 916-434-2430. AGCOUNT GHARGES DUE Water Service Charge 3 (Tiers Measured in 1,000 Gallons) Tier 1 Usage SEWER GARBAGE TOTAL CURRENT CHARGES Total Current Charges Due: 2/1/2018 Previous Balance TOTAL AMOUNT DUE 549.65 12.80 562.45 71.44 436.02 1069.91 0.00 1069.91 to set up your 8@1.60 Total Water Charge: USAGE HISTORY: Current Gons 45000 36000 27000 18000 9000 La JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC PAYMENT COUPON Pleaser returnt this portiona alongy withy yourp payment Pleaser makey your checkp payable to: CITY OFI LINCOLN Route / Service: 099-1901 Service Address: 20101ST STREET Billing Address CITY OF LINCOLN (COMMUNITY CENTER) 600 SIXTHSTREET LINCOLN, CA 95648-1825 Account Number: 007856-000 Service Period: Total Current Charges Duer 2/1/2018 Total Amount Due: 1069.91 AVOUNT ENCSOSED $_ 12/1/2017 To 12/31/2017 CITY OF LINCOLN POI BOX 541073 LOS ANGELES, CA 90054-1073 AMIww 8590000106970201189 CEeTassASaRRCANN Mxxxxx10000001 6006THSTREET www.lincoinca.gov Lincoln LINCOLN, CALIFORNIA 95648 ELECTRONIC SERVICER REQUESTED EV ACCOUNTINFORMATION: Statement Date: Account Number: 01/10/18 040399-000 Utility Billing: (916) 434-2430 Solid Waste Collection: (916) 434-2450 Service Address: 2913 EASTRIDGE DRIVE-RR WATERIEIESREXONG SERVICE FROM: 12/1/2017 TO: 12/31/2017 Meter Number Reading Reading Consumption 48005184 3927000 3927000 ACCOUNT CHARGESDUE Water Service Charge 2 (Tiers Measured in 1,000 Galions) TOTAL CURRENT CHARGES Total Current Charges Due: 2/1/2018 Previous Balance Adjustments TOTAL AMOUNT DUE 102069 132025311 CITY OFL LINCOLN 600 SIXTHSTREET LINCOLN,CA 95648-1825 PnHHlwPewAP-"-halmpA Previous Current 0.00 SRECIIEMESSACE Online Bill Pay now: available. Goto XX.AEN to set up your online utility account today. Once enrolled, you! have the ability to monitor your account and to make payments by credit card 24/7. For more information visit the City of Lincoln website: www.lincolnca.gov: or call 916-434-2430. 274.83 274.83 274.83 7958.21 -7958.21 274.83 Total Water Charge: USAGE HISTORY: Current Cons 240000 192000 144000 96000 48000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC PAYMENT COUPON Please retum this portiona along with yourp payment Please makey your check payablet to: CITY OFL LINCOLN Route /Service: 097-3030 Service. Address: 2913EASTRIDGE DRIVE-IRR Billing Address CITY OFL LINCOLN 600 SIXTHSTREET LINCOLN, CA 95648-1825 Account Number: 040399-000 Total Current Charges Due: 2/1/2018 Total Aamourt Due: 274.83 AROUNT ENCLOSED $_ Service Perioc: 12/1/2017To 12/31/2017 CITY OF LINCOLN POI BOX 541073 LOS ANGELES, CA 90054-1073 ALSrN 40399000000274830201188 05s79IVPARTPIROHsORN COL-10D Mxxox10000001 6006THSTREET www.lincoinca.gov Lincoln LINCOLN, CALIFORNIA 95648 ELECTRONIC SERVICE REQUESTED UTILITY ACCOUNCINFORMATION Statement. Date: Account Number: Service Address: 01/10/18 030032-000 Utility Billing: (916) 434-2430 Solid Waste Collection: (916) 434-2450 1561 JOINER PARKWAY-IRR 102069 132023270 CIYOFUINCOLN 600 SIXTHSTREET LINCOLN, CA 95648-1825 WATER METERIREADING SERVICE FROM: 12/1/2017 TO: 12/31/2017 Meter Number Reading Reading Consumption 55793209 305273000 305542000 269000.00 Previous Current -M-m-Ap-Pmppl-ll-vlrp SPEGIAL MESSAGE Online Bill Pay now available. Got to htps./incoinca-merchantransactcom to set up your online utility account today. Once enrolled, you! have the ability to monitor your account and to make payments by credit card 24/7. For more information visit the City of Lincoln website: www.lincoinca.gov or call 916-434-2430. AGCOUNT CHARGES DUE Water Service Charge 4 (Tiers Measured in 1,000 Gallons) Tier 1 Usage Tier 21 Usage Tier 3 Usage Tier 41 Usage 858.83 56.00 138.33 379.32 563.06 1995.54 1995.54 0.00 1995.54 35@1.60 53@2.61 87@4.36 94@5.99 Total Water Charge: USAGE HISTORY: Current Cons 6865000 5492000 4119000 2746000 1373000 TOTAL CURRENT CHARGES Total Current Charges Due: 2/1/2018 Previous Balance TOTAL AMOUNT DUE JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC PAYMENT COUPON Pleaser retum this potiona alongv withy yourp payment Please makey your check payablet to: CITY OFI LINCOLN Route / Service: 097-8030 Service Address: 1561 JOINER PARKWAY-IRR Billing Address CITY OFL LINCOLN 600 SIXTHSTREET LINCOLN, CA 95648-1825 Account Number: 030032-000 Service Period: Charges Due: 2/1/2018 Total Amount Due: 1995.54 AMOUNT ENCLOSED $_ Total Current 12/1/2017To 12/31/2017 CITY OFI LINCOLN POI BOX 541073 LOS ANGELES, CA 90054-1073 Hirl-l"pill-PaHInm-IwiPArAla.-l", 30032000001995540201182 0E5PPTWARSSABPMIAPN COL-100 Mooox10000001 Sincoin Tfe 12A CITY COUNCIL REPORT SUBJECT: Water Rate Study: Consider Citizens' Ad Hoc Water Rate Committee (Committee) Recommendations: of November 30, 2017 Concerning' Whether the City Should Issue Credits/Refunds Beyond the One Year Statute of Limitations; Authorize Completion of Rate Study for Proposition: 218 Hearing; and Finalize Timeline for Proposition 218 hearing Matthew J. Brower City Manager's Office January 23, 2018 SUBMITTED BY: DEPARTMENT: DATE: STRATEGIC RELEVANCE: N/A-Necessary, Administrative Action STAFF RECOMMENDATONESF that Staff recommends the City Recommendations of November 30, Council consider the Citizen's Ad Hoc Water Rate Committee 2017 concerning the issuance of credits/refunds beyond the one year statute of limitations period; finalize policy decisions concerning water credits/refunds beyond the one year statute of limitations period, water rates, water reserves, and the proposed water capital improvement program for inclusion in the water rate study covering the five (5) year period of 2017/2018 through 2021/2022; consider adoption of a Resolution authorizing refunds back to April 15, 2015 (which is consistent with recommendations of Ad Hoc Water Rate Committee) with findings associated with the public benefit; authorize Raftelis Financial Consultants (RFC) to finalize the Water Rate Study; and On BACKGROUNDI October 19, 2017 INTRODUCTION: the City agreed to a mediated settlement providing for credits/refunds to approximately 32% or 5,324 of the City's 17,442 residential water customers (i.e., water customers who used in excess of 21,000 gallons going Council's November 7, 2017, special meeting, Council affirmed support credits/refunds to non-residential customers (.e., commercial and multifamily accounts) by applying the same methodology agreed upon in the settiement for residential customers, which includes approximately 46% of City's 599 Commercialmutfamly accounts. Staff was aiso requested to reconvene the Citizen's Ad Hoc' Water Rate Committee during Council's November 7th meeting to consider whether the City should issue credits/refunds to eligible water customers (residential and non-residential)i that go beyond the one year statute of limitations period, possibly back to April 2015 (i.e., the date the San Juan Capistrano Court ruling provided clarification on the City's tiered rate structure), or January 2014 (e., the date the City's existing The Citizen's Ad Hoc Water Committee was reconvened for two meetings on November 27 and 30, 2017. The Committee was tasked with forwarding ar non-binding recommendation: to the Council ony whether the City should issue credits/refunds to water customers that go beyond public purpose ofi issuing additional and November along 30 meeting notes and supporting documents are approve at timeline for completing required Proposition 218 hearing. back to February 2016). During fori issuing water tiered rate structure was implemented). City a one year statute of the Committee's November 27 attached tot this staff report. limitations The question required consideration of the legality or with financial and rate implications. A copy of period. credits 600 Sixth Strecr Lincaln, CA95648 d in ancoine ive se Lincoin Eincoln Live Lfe Lincoln is City staff provided a summarized cash flow model to allow the Committee to analyze staff's assumptions and the generai impacts ofr revising reserve levels, capital project funding and annual rates. After an initial vote that failed due to at tie, the Committee recommended on a vote of 6 yes to 2no's that the City consideri issuing water credits/refunds going back to April 15, 2015, for at total refund value of $4,130,497 by implementing the revisions described below. With Council's direction, RFC will be able to finalize the study and have it'available for community review during the required Proposition 218 hearing process. Ab broader summary oft the Committee's recommendations, including a comparison toi the Committee's initial recommendations forwarded to the City Council in the spring of2 2017 are 1) Issue water credits to all customers back to April 2015 with at total cost impact on the 2) Reduce proposed water rates in the initial draft of the RFC study to collect $1,862,497 less in revenue over thet five year study period. This sum equals the value of estimated 3) Reduce the operating reserve from 33% to 25% ($3,676,061 to $2,807,792); noting the Committee's initial recommendation to Council in the spring of 2017 was to establish an 4) Reduce and fix the capital reserve at $3,600,000 per year. The prior recommendation was to establish capital reserves at an annual value that would allow the completion of deferred maintenance over at ten year period. This value was to change annually based 6) Defer basic deferred maintenance projects. Deferred maintenance outlay would not exceed $3,600,000 on an annual basis. This would prohibit the City from completing deferred water line maintenance ina at ten year period as was originally recommended by $hS bay A14i Is 7hs 5 VER3. - Flauedplas FINDINGS/ANALYSIS lepal 5546 itemized below: water fund estimated at $4,130,947. credits for the period of April 2015 to. January 2014. operating reserve level of 33%. oni inflationary influences on water capital projects. 5) Defer E Street projects from FY 17/181 to FY 21/22. the Ad Hoc' Water Rate Committee int the spring of 2017. The Committee's justifications for their recommendation included: 1) Water credits/refunds going back to April 2015 are more defensible and less likely to be 2) Reduction of water rates would benefit all rate payers as City's rates; deemed a gift of public funds; 3) City's water rates: would be more competitive. and The financial impact of réducing reserve levels and the capital improvement expenditures results in lower required rate revenues of approximately $1.9 million after the $4.1 million in refunds. In rough numbers, a 3% rate increase results in approximately $480,000 of annual With the Committee's recommendations, thei initially proposed rate increases of 3.2% for FY 18/19 would not be necessary. The cumulative revenue for thet four years, FY 18/19 through FY With implementation oft the Committee's recommendation, City staff proposes thei following rates. The final rates would be verified by RFC during the completion of the rate study. revenue, which is cumulative from the year of implementation. 21/22, equals the $1.91 million in reduced revenue requirements. 600 Sixth Strect 1 Lincol, DA 956 48 www.cFncola.ca: us 91 6-434-2400 Live Life Lincoin Live Life Lincoin Live Life Lincoin Live. fe Lincoin . Live Lite Lincoin Proposed Rate Incrèases (RFC willi finalize rates after Council firms poliçy questions) FY 17/18 0% FY 18/19 0% FY 19/20 3.0% FY 20/21 3.5% FY21/22 3.5% Staff has provided a rate proposal prepared by LIFT to RFC for review; however, RFC's analysis of same was not complete at the time oft the posting oft this agenda. RFC will be prepared to discuss LIFT's proposal at the City Council meeting on January 23, 2018, and A concern has been raised about the City not historically transferring revenues from the Landscape and Lighting (L&L) Fund and General Fund tot the Water Operating Fund for the cost ofr municipal water use. Municipal water use generally includes water used by the City in the provision of providing public services such as park maintenance, streetscapes and facilities. The City's past practice is consistent with many other regional cities, including Sacramento City who recently agreed to a 15 year plan to begin absorbing municipal water costs int funds other than their water, operating fund. Anecdotal information suggests that transfers to the water operating fund were not done historically due to the City'sL&L fund and General Fund not The 2013 HF&H water rate study did noti include revenue from municipal uses in its revenue model. The mediated settlement executed by the City in the Jackson litigation in October 2017 summarily addressed the inherent flaws within the HF&H study in totality. Changes toi the With regards to potential legal requirements for the City's L&L and General Funds to pay for past municipal water use, City's legal counsel has opined that if a claim was made ity would be governed by a one year statute of limitations period for the L&L fund and General Fund to make back payment. City Council also has great deference ins determining how those funds) wouldbe, Int the late fall of 2016, City staff begin undertaking necessary actions to include budgeted money in FY2 2017/2018 budgets for the L&L and General Funds for municipal water use. InFY 2017/2018, municipal water use will be billed to the L&L and General Funds with corresponding Notably, the proposed RFC water rate study includes revenues for municipal uses. Should City Council decide the L&L and General Funds should pay for municipal water in excess of what is budgeted in the current fiscal year, this would result ini the water operating fund receiving additional revenues beyond what has already been programed into the RFC water rate study. It iss staffs opinion the proposed rates, shown herein, should be used fori the Proposition 218 hearing; and, if Council decides at al later date that the L&L and General Fund should reimburse the water operating fund for past municipal water use beyond what is budgeted in the current fiscal year, then the proposed rates in years 3, 4, and! 5 of the rate study should be reduced to reflect the additional revenues. Such a decision, however, needs to incorporate serious consideration oft the L&L and General Funds' capacities to pay for past municipal water use. - The Interim City Attorney previously advised the statute of limitations period for this type of claim (i.e., money damages noti involving physical injury) is one year. The current City Attorey agrees that a one! year statute of limitations applies. With respect to claims for violation of Proposition: 218, claims were only filed by Mr. Schmidt and Mr. Jackson seeking refunds going answer any questions. Payment for Municipal WaterUse having the fiscal capacity tot fund municipal water use. Bvi Raig dengdes - agreed upon credits/refunds are not warranted. Renlly. repaid, and over what period oft time. revenues being posted to the City's water operating fund. Legal Issues back one year. 600 Sixth Street Lincoln, CA 95648 www.d.incalm.ca.t 916-434-2400 Live Life incalo Live Life mcoin- Live life Lincoln Live incoln Live Life Lincoln Here, the one year statute of limitations period is also subject to the continuous accrual" rule, under which "separate, recurring invasions oft the same right cant trigger their own statute of limitations." (Aryeh V. Canon Business Solutions, Inc. (2013) 55 Cal.4" 1185, 1198.) In other words, a new cause of action accrues = and a new statute of limitations commences - with each payment of a revenue measure. The continuous accrual rule comes with ani important caveat limiting liability. Because each wrongful act creates its own cause of action, the continuous accrual rule "supports recovery only for damages arising from those breaches falling within the limitations period," effectively' limiting the amount of retroactive relief a plaintiff...o can obtain to the benefits or obligations which came due" during that period. (Id., at 1199.) In short, any taxpayer seeking a refund of fees or charges may not recover: any amounts collected more than Also of note is the fact Proposition: 218 provides for no specific remedy relative to noncompliant fees besides attorney fees, akin to a private attomey general statute. By contrast, property taxes and assessments, aiso governed by Proposition 218, also are governed by a companion statute, Revenue & Taxation Code S 5097, et seq., which sets forth the specific remedy available to the claimant. There is no such companion statute relevant to water rates. The Interim City Attorney addressed, on several occasions, the potential implications ofi issuing refunds beyond the one year statute of limitations period if there was no legal exception to the rule. The most significant implication is the potential assertion that refunding money paid through water rates beyond the one year statute of limitations period constitutes a gift of public funds" in violation of California Constitution, article XVI,S6. Article. XVI, section 6 of the California Constitution specifically forbids the' "gift or authorizlation of] the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever This Constitutional rule generally prohibits transferring public funds if an agency () settles an invalid claim; or (i) transfers funds duei to a moral obligation. Such actions constitute an Invalid gifts may subject the City and its officials to potential legal liability, including civil and criminal penalties pursuant to Government Code S 8314, and Penal Code S 424. Because any "damages" that pre-date the one year statute of limitations period are technically "invalid claims," they arguably violate the gift clause. Moreover, there is case law on alli fours holding that when a public entity pays more to resolve a claim than was its maximum exposure under the law, the payment is a gift of public funds. (Jordan V. Department of Motor Vehicles (2002) With respect to transfer of funds due to a moral obligation, the Court of Appeal has expressly ruled the California Constitution prohibits al legislative body" "from making all appropriations of public money for which there is no authority or enforceable claim, or which perchance may rest upon some moral or equitable obligation." (emphasis added.) (Westly V. U.S. Bancorp Payment ofr money by the City does not constitute a gift of public funds if there can bet findings made supporting the public purpose exception. The courts generally give deference to a public entity's justification for the use of public funds and its finding of a public purpose for paying such The public purpose exception was explained by the Interim City Attorney to the Ad Hoc Water Committee. To support this exception, the City Council must make findings and conclude () there is a public purpose served by the transfer of funds; and (i) there is a commensurate benefit to the City. Part of the analysis must include how refunds mighti impact other ratepayers, capital projects and reserve levels that may affect the City's obligation to manage and finance one year before he or she presented a written claim to the City. illegal gift of public funds. 100 Cal.Ap.4"4 431.) (2003), 114 Cal. App. 4th 577.) funds. its water utilitv. 600 Sixth Srrect Lincoln. CA 95648 www.d.lincola.cauy tnc 0i0 ncoin-Live hce n TVE Lincoin e ite Some of the committee members and public speakers expressed their opinions justifying additional refunds toi include: improved trust in government; transparency; legality of the rates; and the fact that proposition: 218 was violated related to parts of the rates; that the City received communication when ita adopted the rates regarding the that the money belonged to the ratepayers ifi it was charged in violation of 218 and should not have been charged and therefore it shouid be returned, CL 1V.11 Ay 3E4 n 1 has Hk.1 hby- hsig The City believedthe rates) were lawful when adopted in 2013, and'there was no appellate case authority at that time that indicated all tiers must equally carry the cost of service until the San Juan Capistrano case was published in April 2015. Thereafter, the City approved Ordinance No 938B which suspended tiers 4 and 51 for residential water customers effective March 30, 2017. Several commentators felt the City could have acted more swiftly so as not to collect the higher tiers after the San Juan Capistrano case, andi further could have suspended as to all Finally, the argument has been raised that the City recognized at three year look back period when reimbursing for water consumption relative to thet failure to install a pump for al local homeowners association, and should dot the same here. First, thei issue in that claim was the failure of a developer to install the pump as required byi its development agreement; therefore, a breach of contract action to which the homeowners' association was a third party beneficiary. Second, the claim did noti invoke a discussion of water rates and Proposition 218 issues. Third, the statute of limitations in al breach of written contract action is four years (Code of Civil EhProcedure S 337), and the City's resolution of that claim was well within the limitations period. Should the City Council choose to refund money paid by residential and non-residential rate payers in excess of the one year statute of limitations, iti is important for the City Council to express the public purpose served by the transfer and the commensurate benefit to the City in thet form of al Resolution. City Staff has proposed certain findings in the two optional Resolutions attached tot this staff report. Athird option is presented, in strict compliance with the prohibition on gifts of public funds, extending refunds back to the one years statute of limitations in conformity with the settlement agreement in the. Jackson litigation. With regard to the Proposition 218 public hearing process, thet following timeline is being rates. N Timeline for Proposition 218 Public Hearing Process recommended for Council's consideration. Proposed Time Line for 218 Hearing Date January 23, 2018 February 10, 2018 March 27, 2018 April 12, 2018 May 12, 2019 June 1, 2018 ALTERNATIVES: Action Item Finalize water study elements Mail Proposition 218 Public Notice Public Hearing & Reading of Ordinance Second Reading of Ordinance Ordinance 30-day Effective Period Rate Implementation Ph - 1) Option 1: No additional credits beyond one) year statute of limitations. 2) Option 2: Additional credits for all customers going back to April 2015, which corresponds to the date of the San Juan Capistrano case that provided important clarification. on the validity of tiered rates and adont Resolution: with Findinas 600 Sixth Streer tincoln, CA 95648 www.c Ci3 Jincoln. uS 916-434-2400 incotn Live Life ncolne Lve Life Uincoln ive ife Lincaln IVE Life coin he vle, Chaima shonl cast hre bedan Hane aasts 4he 3) Option 3: Additional credits going back to January 2014, which corresponds to the date current tiered rates became effective and adopt Resolution with Findings. 4) Option 4: Issuing additional water credits/refunds going back to April 15, 2015 for at total refund value of $4,128,497; and reduce RFC's proposed rates, for thei five (5) year study period, to collect $1,862,497 less in revenue, which corresponds to the value of credits going back from April 2015 to January 2014 and adopt Resolution with! Findings. 5) Option 5: Other direction. FISCAL IMPACT: 1) Option 1: $3,015,384; 2) Option 2: $4,130,947; 3) Option 3: $5,993,444; hzorl hoe6 Relmis 4Omilt + Waker 4) Option 4: $4,130,947 in credits and $1,862,497 inr reduced revenue collections; 109Penalyt IMerest CITY MANAGER REVIEW OF CONTENT: MB APPROVED AS TO LEGAL FORM: KM ATTACHMENTS Packet Packet A-Minutes of November 27, 2017 Ad Hoc Water Rate Committee Meeting Minutes & Agenda B-Minutes of November 30, 2017 Ad Hoc Water Rate Committee Meeting Minutes & Agenda C-Resolution 2018-23- City Council has considered the statements and positions of residents, business owners, staff presentations, legal options andi the recommendation oft the Water Rate Ad Hoc Committee and hereby finds and determines that a public benefit and a significant public purpose is served by issuing refunds to non-residential rate payers who paid water rates in excess of the cost of service commencing April 15, 2015 1R 600 Sixth Strect Lincoln, CA 95648 www.d.limncoln.caey 916-434-2400 FUND 711 = FY 2017/2018 Cplo $12,000,000 $3,600,000 Transfer from 710to711 $11,000,000 $10,000,000 $9,000,000 $3,013,384 Refunds Back ToJan/1/14 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $8,298,000 Capital Projects $3,000,000 $3,600,000 Reserve Level Target at 100% $2,000,000 $1,000,000 PANRP Balance PARe PMMA JPMARe Date Received: Time Received: Received by: CITY OF LINCOLN 600 Sixth Street Lincoln, CA 95648 Phone: (916)434-2490 Fax: (916)645-8903 LIABILITY CLAIM FORM (Cal. Gov'tCode 55 900ets seq.) Completed claims must be mailed or delivered to: City Clerk City of Lincoln 600: Sixth Street Lincoln, CA 95648-1825 Please attach additional pages as necessary to describe the claim and attach copies of supporting documentation for the amount(s) claimed. Please fill out claim form completely. Missing information may result in a denial or a delay in the processing of your claim. Please ptint legibly or type. Claims are CLAIMANT(s) OR REPRESENTATIVE OF CLAIMANT(s) HEREBY PRESENT(s) THIS CLAIM FOR MONEY OR apublicrecord. DAMAGES TO THE CITY OF LINCOLN Name of Claimant(s): Claimant's Address: City, State, Zip: Date of Birth: Driver's License #: Daytime Phone: Email Address: Type of Loss: City Clerk First Middie Last State: Cell Phone: Evening Phone:. Personal Injury Property Damage Contract Indemnity (Date complaint served Other Page I Last Update: 6/2/2015 SPEAKER INFORMATION Public Comments Request for Council Meetings Please complete this card and present it to the City Clerk prior to the start of the meeting if you wish to speak at this evening's Council Meeting. NAME: Joha Naticak CITY OF RESIDENCE: 411 Stephenra Cr MEETING DATE: SUBJECT: AGENDA ITEM #: a Nose In rebmhepo 5 Public Comments provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. Speakers are requested to restrict their comments to issues that are within the jurisdiction of the City Council and to stay within the three-minute time limit. SPEAKER INFORMATION Public Comments Request for Council Meetings Please complete this card and present it to the City Clerk prior to the start of the meeting if you wish to speak at this evening's Council Meeting. NAME: DoyA HadgsaN CITY OF RESIDENCE: MEETING DATE: SUBJECT: LINCOLN V/aa/is Garbag SwerBls AGENDA ITEM #: 7 General Public Comments provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. Speakers are requested to restrict their comments to issues that are within thej jurisdiction. of the City Council and to stay within the three-minute time limit. SPEAKER INFORMATION Public Comments Request for Council Meetings Please complete this card and present it to the City Clerk prior to the start of the meeting if you wish to speak at this evening's Council Meeting. NAME: Abert Shber CITY OF RESIDENCE: CSNcolN MEETING DATE: 423/e SUBJECT: 7 AGENDAITEM# #7 Vlnk 5 uDIeMS Public Comments provides you an opportunity to speak toi the City Council about an issue on the agenda or any other item of concern. Speakers are requested to restrict their comments to issues that are within the jurisdiction oft the City Council and to stay within the three-minute time limit. SPEAKER INFORMATION Public Comments Request for Council Meetings Please complete this card and present it to the City Clerk prior to the start of the meeting if you.wish to speak at this evening's Council Meeting. NAME: David SHwEy CITY OF RESIDENCE: MEETING DATE: LINOOM 12318 SUBJECT: FRMOR Loak FRA AGENDAI ITEM #: Mtm Tho Agle Public Comments provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. Speakers are requested to restrict their comments to issues that are within the jurisdiction of the City Council and to stay within the three-minute time limit. SPEAKER INFORMATION Public Comments Request for Council Meetings Please complete this card and present it to the City Clerk prior to the start of the meeting if you wish to speak at this evening's Councii Meeting. NAME: ADIS - Shuly CITY OF RESIDENCE: LNedw MEETING DATE: /-2318 SUBJECT: E AGENDA ITEM #: # HLns Myoes NAvO Public Comments provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. Speakers are requested to restrict their comments to issues that are within the jurisdiction of the City Council and to stay within the three-minute time limit. SPEAKER INFORMATION Public Comments Request for Council Meetings Please complete this card and present it to the City Clerk prior to the start of the meeting if youwish to speak at this evening's Council Meeting. NAME: DAlid CITY OF RESIDENCE: MEETING DATE: SUBJECT: AGENDA ITEM #: 134 12318 WAkE 124 Public Comments provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. Speakers are requested to restrict their comments to issues that are within the jurisdiction of the City Council and to stay within the three-minute time limit. SPEAKER INFORMATION Public Comments Request for Council Meetings Please complete this card and present it to the City Clerk prior to the start ofthe meeting if you wish to speak-atthis evening's Council Meeting. NAME: Tea CheEs CITY OF RESIDENCE: MEETING DATE: SUBJECT: AGENDA ITEM #: Lrcowl 1-23-1 LHR 4 A Public Comments provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. Speakers are requested to restrict their comments to issues that are within the jurisdiction of the City Council and to stay within the three-minute time limit. SPEAKER INFORMATION Public Comments Request for Council Meetings Please complete this card and present it to the City Clerk prior to the start of the meeting if you wish to speak at this evening's Council Meeting. NAME: DOUA HoDGGdV CITY OF RESIDENCE: hNCOLN MEETING DATE: SUBJECT: AGENDAITEM #: a3/18 Notep IZk Public Comments provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. Speakers are requested to restrict their comments to issues that are within the jurisdiction oft the City Council and to stay within the three-minute time limit. ACTION SUMMARY Jan. 23, 2018 Regular Meeting Page 1 E e 5 Presentations: Consent Agenda ITEM RESO/ORD# Gilbert Hydrick Joiner Karleskint Mayor Nader 9A 9B = 10A 10B 10C 10C 10C 10C 10D 10E 10F 10G 10H 101 10J 13 14 26 15 16 17 18 19 01S 20 21 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 Y N Y Y Y Y Y Y Y Y Y Y 2 2 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y ACTION SUMMARY Jan. 23, 2018 Regular Meeting Page 2 PUBLIC HEARINGS 11A 11A 22 962 Gen Business 12A 12A 12B 23 ITEM RESO/ORD# 24 25 Y 1 Y N 2 2 1 Y N Y Gilbert Y 1 Hydrick Y Y Joiner 1 Y Karleskint 2 2 Mayor Nader Y Y