Lake Havasu City Council Work Session

Police Facility, 2360 McCulloch Boulevard North

Tuesday, March 31, 2009, 5:00 p.m.

 

CALL TO ORDER

Mayor Mark Nexsen called the meeting to order at 5:00 p.m.

 

PLEDGE OF ALLEGIANCE

The mayor led in the Pledge of Allegiance

 

ROLL CALL

PRESENT:         Councilmembers Mark Nexsen, Dean Barlow, Lee Barnes, Don Callahan, David McAtlin, Margaret Nyberg, and Brian Wedemeyer.

 

CALL TO THE PUBLIC

There were no requests to address the council.

 

PUBLIC HEARING: WATER RATE, IMPACT, AND SERVICE FEE UPDATE

Finance Director Gayle Whittle advised that the water rate, impact, and service fee issue has been an ongoing project for a few years. She said the last water rate study was completed in 2003, and the last water rate increase was implemented July 1, 2004. Ms. Whittle noted that the city has contracted with Red Oak Consulting, who has brought the Community Investment Program (CIP) plan back to council several times. The council has previously made determinations on impact fees, and now this item for discussion is the rate portion of the study. She noted that Red Oak Consulting presented a water rate plan in January 2009, and were given direction by council to develop some revised scenarios for presentation at a future council meeting.

 

Ms. Pat Walker, Principal Consultant II, and Mr. Andrew Rheem, Senior Consultant, both from Red Oak Consulting, were in attendance to present the revised scenarios. Ms. Walker listed the specific objectives of the presentation:

§         Recap January 27, 2009 presentation and confirm the council’s direction and what was used for the rate structure analysis and cost of service.

§         Review cost of service.

§         Discuss and receive direction on rate structure.

§         Answer any questions.

 

Ms. Walker recapped the January 27, 2009 presentation:

§         A financial plan was presented.

§         Advised the council that a 29 percent increase was needed and would be effective July 1, 2009, in order to meet the 20 percent reserve requirement, the 1.2 times debt service coverage required by the Water Infrastructure Financial Authority (WIFA), and to fund the CIP for core essential projects.

§         Council decided not to adopt the water impact fees.

§         Maintain the water resource fee applicable to development outside the Irrigation and Drainage District (IDD).

§         Direct Red Oak Consulting to consider in the rate structure a $3 increase to Single Family Residential (SFR) using 13 cubic feet (Ccf) or less.

§         Build a rate structure around “Scenario 5.”

 

Ms. Walker reviewed the structure of Scenario 5:

§         Core/Essential CIP of $79 million and the rates it would take to fund it.

§         The current impact fees, which is just the water resource fee. (The current water resource fee of $660 is assessed outside the IDD).

§         Continue IDD tax beginning in FY 2013-14 so it would remain in the water fund instead of being transferred to the sewer fund.

§         Monthly bill increases from $23.74 today to $30.62 in FY 2009-10.

§         $69 million in bonds issued over a 10-year study period.

§         Revenue increases needed to meet cash reserve ratio and to minimize issuance of non-growth capital- related debt.

§         Continued IDD tax helps to offset reliance on rate revenue in the plan’s later years.

§         Plan meets revenue requirements and cash reserve ratio on an operations and total-fund basis.

§         Funds capital improvements plan of $90 million, which is inflated over the 10-year period.

Ms. Walker said that Red Oak Consulting is developing the third step of a comprehensive rate study. The first step is to look at the Master Plan and identify which projects are needed to serve not only new growth, but also to provide for the repair, replacement, and maintenance of the existing infrastructure. The second step is the financial plan, where it is determined what type of revenue the city needs to fund not only the capital costs, but also the operation and maintenance costs, along with the other criteria such as reserves and debt service ratio coverage. The third step will be discussed at this meeting, and is where the cost of service is looked at to identify how much it costs to serve each of the classes to which the city provides water. The fourth step determines the type of rate structure based on who provides the most cost and how those costs will be recovered and collected. The pricing objectives could have emphasis on conservation while recognizing recognize the need for revenue stability, and how they would be built into a rate structure.

 

Ms. Walker explained that cost for service is a detailed allocation of system costs and it is based on unique characteristics of customer classes, because not everyone uses water the same way. The first step is to identify:

§         Revenue requirements (which have been completed).

§         Operation and maintenance budget.

§         Debt service.

§         Cash funded capital.

§         Reserves and debt service coverage ratios.

 

The next step is to put those costs into functional categories and distribute in the following manner:

Operation and maintenance is distributed between treatment, production, transmission, distribution, administrative, and meters and services for billing. Once it is known where all the costs fall in the functional categories, then the amount of water each of the classes is using is determined by calculating the average day demand, maximum day, and maximum hour. She noted that a SFR uses more water in the summer and peaks differently from the commercial customers. The next step is to calculate the Ccf volume per unit cost to serve the SFR, commercial, and multi-family. She said the cost is then broken down by base charge, or what is termed fixed charge, which covers local distribution, meters and services, and billing collection. The cost is then determined by meter size, so there is a base charge and a volume charge. She said the graph below is the result of these calculations and the cost for service per Ccf by customer class.

 

 

 

 

 

 

 

 

 

 

 

SFR = Single Family Residential  MFR = Multi-Family Residential COMM/IND = Commercial / Industrial

IRR-OTH = Irrigation-Other         IRR-SFR = Irrigation Only-Single Family Residential               HYD = Hydrant RVP = RV Park

 

Ms. Walker explained that this study indicates that whatever it costs the city to provide the service, the city will need to recover those costs in revenue, which is true cost of service, and everybody truly pays what their cost is for the system. She mentioned that it does not always work out exactly that way because sometimes policy decisions will have one category subsidizing another category. She said that in summary, the users pay their proportionate cost of the system, and rate equity can be achieved by allocation and rate design, and the rates are based on standard approaches within the industry.

 

Ms. Walker recapped the two components of the water rates:

§         Base Charge - Intended to recover the fixed costs of providing service such as meter reading, meter maintenance, customer service, and a portion of the cost for the local distribution system. The fee is assessed on a monthly basis, and based on the meter size.

§         Volume Rate - Recovers all costs not recovered through the base charge for items such as production, treatment, transmission, and a portion of the cost for the local distribution system. The fee is assessed monthly based on metered water use. So the more water used, the higher the cost, and higher amount that will be paid. Ms. Walker said she refers to this as variable versus fixed costs.

 

She reviewed the current monthly water base charges for all customer classes, and noted that everyone pays the same base fee based on meter size, and is not broken out by different customer classes at this point:

 

Meter Size

Base Fee

per Month

ľ-inch

$   4.50

1-inch

6.50

1 ˝-inch

9.50

2-inch

12.50

3-inch

39.50

4-inch

50.50

6-inch

76.50

8-inch

104.50

 

Ms. Walker said that today’s volume rate structure is four-tiered:

Volume

Rate

Tier

Rate per

Ccf (1)

Percent of

Tier 1

Tier 1

First 1,500 cubic ft

$1.48

100%

Tier 2

Next 1,500 cubic ft

$1.62

109%

Tier 3

Next 10,000 cubic ft

$1.80

122%

Tier 4

Over 13,000 cubic ft

$1.96

132%

(1) Inside district rate. Outside district is 30% more than the inside district rates.

 

Ms. Walker said this chart identifies the biggest demands on the city’s system and how the rates are structured:

Customer Class

Bills

% of Total

Use Ccf

% of Total

Single-Family

299,873

87%

3,504,611

65%

Multi-Family

16,029

5%

465,893

9%

Comm. / Ind.

13,099

4%

626,667

12%

Other Irrigation Only

4,885

1%

485,836

9%

SFR Irrigation Only

11,201

3%

238,307

4%

RV Park

48

0%

25,839

0%

Hydrant

941

0%

75,446

1%

Total

346,076

100%

5,422,599

100%

 

She said this chart indicates that 87 percent of the bills are for SFR, but only 65 percent is for usage, and it goes the opposite way when looking at the multi-family, commercial-industrial, and other categories.

 

Mr. Rheem stated that the rate design considered several items during the financial planning process and arrived at the amount of revenue that would need to be generated in a given year. It was determined that a 29 percent increase was needed in FY 09-10. He said that the exercise of using pricing objectives helps in creating a structure that not only generates the revenue, and different alternatives all generate the same amount of revenue, but it also identifies which objectives are important to the design of the rate structure. Mr. Rheem said city staff’s choices for the top five pricing objectives for designing a rate structure are:

1.      Water conservation

2.      Stable revenue stream

3.      Cost of service equity

4.      Administrative ease

5.      Customer impact

 

He noted that the objectives may not always be in line with each other, so there is a bit of push and pull with these objectives. For example, the most stable revenue stream would be a fixed fee per year, per account, but that may not necessarily promote water conservation, and may not be very equitable. He said that conservation rated very high in terms of pricing objectives.

Mr. Rheem defined Alternatives 1 through 3:

§         Alternative 1 – The structure that is in place today with a 29 percent increase. It is a way to generate an increase in water rate revenues, and is a system-wide tiered structure.

§         Alternative 2 – Sends the strongest conservation message. It talks about how much to increase the unit price per Ccf in the upper tiers compared to the first tier. It has modified tiered pricing, modified tiered water allocations by class, and separately develops the cost of service base charge.

§         Alternative 3 – This alternative has the same objectives as Alternative 2, but with weighted customer impact versus conservation pricing.

 

Mr. Rheem showed a graph that builds on the previous graphic that showed the cost of service by class, and said it indicates a comparison of the average costs per Ccf to the cost of service; in other words, how much revenue is being recovered as compared to the cost of providing the service.

 

He explained that volume charge is another component in designing the rates, and is the cost per unit that is assessed as customers use more water. The first alternative is the same as it is today, where all customers’ first 1,500 cubic feet are at the Tier 1 price. The second 1,500 cubic feet are at the Tier 2 price, the next 10,000 cubic feet are at the Tier 3 price, and anything above 13,000 cubic feet is assessed at the Tier 4 price.

 

Mr. Rheem said that one thing Red Oak Consulting did under Alternative 2 and 3 was to look at different water allocations for the different customer classes, and it was found that based on how the SFR class uses water, the first 1,300 cubic feet is at the first tier, the next 1,200 cubic feet is at the second tier, the next 2,500 cubic feet is at the third tier, and use over 5,000 cubic feet is priced at the fourth tier. He said this combines looking at the equity in terms of how customers use water as well as sending a stronger conservation message. He said the multi-family residential (MFR) class had a lot wider and diverse use due to the variation of meter sizes and a different way the water is used. As a class, this structure captures a similar amount of water use in the different tiers as compared to the SFR. The first tier of the MFR is at 2,600 cubic feet and more than 200,000 cubic feet would be assessed in the fourth tier.

 

Mr. Rheem pointed out a few other differences in this structure. The first difference is that Tier 1 would be assessed only for SFR customers and not available to the commercial and industrial customers. He explained that Tier 1 is actually a sanitary indoor use tier and would not be part of the pricing structure for irrigation-only accounts. He added that the hydrant customers are by far the most expensive customers to serve, and a tiered rate structure could be developed for that customer, because just by its nature, it is very unpredictable, and therefore all use was priced at Tier 4.

 

Mr. Rheem also pointed out that under Alternative 1, 29 percent across the board will result in the highest Tier 1 price. On the surface, Alternative 1 has the same relationship to Tiers 2, 3, and 4 as Tier 1 has. Comparing to Tier 1, Tier 2 is 9 percent higher, Tier 3 is 22 percent higher, and Tier 4 is 32 percent higher, so combined with the monthly service charge and base increases, revenues will increase by 29 percent.

 

He noted that on the two other structures that Red Oak Consulting developed, Alternatives 2 and 3, and up to this point, the base on Alternatives 2, 3, and the water allocations by class are exactly the same. He said this is where the difference between these alternatives comes through, along with the relationship of Tiers 2, 3, and 4 to the base. Everything being equal, Alternative 2 is sending a stronger conservation pricing signal by pricing Tiers 2, 3, and 4 of those increasing amounts of use at higher levels. He also noted that everything else being equal, the same amount of revenue is being recovered, so Tier 1 is a little bit lower. He added that the relationships are not quite as steep in Alternative 3. As a consequence, since the higher tiers are a little lower per unit, the base, or Tier 1, is a little higher. This relationship will be seen when looking at the impact in terms of the bills.

 

Mayor Nexsen asked if Alternative 2 would create revenue instability. Mr. Rheems said it would create the potential for revenue instability because more of the revenue is being recovered at the higher levels, and if the customer is successful in conserving water, then there is a variable revenue recovery.

 

Mr. Rheem explained the impact or effect on the monthly bill for different types of customers, and reviewed the monthly bill comparison for a SFR with varying levels of water usage. He noted that 87 percent of the bills are from these types of customers:

Single-Family Residential ľ-inch Meter

 

Use – CF

Current

Alt 1

Alt 2

Alt 3

Low

400

$10.42

$ 13.44

$ 12.51

$ 12.99

Medium

1,300

 23.74

  30.62

  26.91

  28.47

High

5,000

 87.00

 112.23

 115.87

 113.44

 

Mr. Rheem noted that the typical customer who uses 1,300 cubic feet of water per month would see an increase of 30 percent in Alternative 1, which is about $7. Due to the rate design, the Alternative 2 increase is slightly lower at about $3.15, and Alternative 3 has an increase of about $4.75, which is a slightly higher increase than Alternative 2. He said the reason for that is because the customer who uses 5,000 cubic feet per month would have a lower bill in Alternative 3 as compared to Alternative 2 due to the conservation pricing. He also said that in Alternative 1, even though it has higher bills for the lower water-using customers, the higher water-using customer has the lowest bill, and the lowest conservation pricing amount.

 

Mr. Rheem explained that with the other customer classes, there is slightly more variation in not only the types, but also in how they use water. He noted that the vast majority of customers in Lake Havasu City have ľ-inch meters, and there are certainly some customers with larger meters who use more water on average. He said the customer who uses a high amount of water will have the highest bill in Alternative 1, and it would be similar for the customer who has a 1-inch meter. A customer who is using 10,000 cubic feet of water will quickly run through Tiers 1 and 2, so the majority of their bill is going to be priced at Tier 3. Under Alternatives 2 and 3, the MFR customer will be proportionately priced at Tiers 1 and 2, resulting in a total bill that is slightly lower. Mr. Rheem also reviewed the rates for the other classes of water users.

 

Mr. Rheem said that in terms of the irrigation only customers in all classes and meter sizes, the pricing of conservation begins to resolve in some higher bill impacts. He noted that these are the most expensive types of customers to serve because they put the highest peak demands on the system. So in pricing, the city is not only sending a conservation message, but also recovering the cost of service, and the impact to these customers is the highest. He explained that the bill increases are based on the rates and proposed structure under Alternatives 2 and 3 are going to be higher than Alternative 1 for those customers. Alternative 1 just takes today’s rate and increases it by 29 percent and Alternatives 2 and 3 sets the tiers by class, and tries to send that conservation message.

 

Ms. Walker said that she discussed cost comparisons at the last council meeting presentation, and had an updated chart with new comparables for some of Lake Havasu City’s neighboring cities.

 

Typical Water Residential Monthly Bill

(Based on 13 Ccf monthly water usage)

Entity

Monthly

Bill

Kingman

$23.32

Bullhead City

 24.72

Parker

 27.01

Prescott Valley

 32.24

Yuma

 34.44

Prescott

 44.08

Chino Valley

 44.84

 

 

Average without Lake Havasu City

$30.97

 

 

Lake Havasu City – Current

$23.74

Lake Havasu City – Alternative 1

 30.62

Lake Havasu City – Alternative 2

 26.91

Lake Havasu City – Alternative 3

 28.47

 

Ms. Walker advised that no matter what alternative is chosen, all of the Lake Havasu City monthly bills are less than the average for its neighbors, based on 13 Ccfs.

The following chart is a recap of how these different alternatives fit in with the pricing objectives that were talked about earlier in the presentation.

 

Pricing Objectives

Alt 1

Alt 2

Alt 3

Conservation

3

1

2

Revenue Stability

1

3

2

Cost of Service Equity

2

3

1

Administrative Ease

2

3

3

Customer Bill Impact – High Use

1

3

2

Customer Bill Impact – Low Use

3

1

2

1 = Best Achieved        2 = Middle            3 = Least Achieved

 

She said that in Alternative 1, conservation is achieved the least amount because based on the tier structures and costing, a customer is paying more at the lower levels than at the higher levels, so there is not a very strong conservation message being sent. Alternative 2 sends the best conservation message because the rates go higher as more water is used, and Alternative 3 is somewhere in the middle. She said revenue stability is best achieved in Alternative 1, but not in Alternative 2 because of the instability of people not using as much water, which is the balance that she talked about where conservation may not line up with revenue stability. She said that Alternative 3 best achieves the cost of service equity. Also, no matter which alternative is chosen, administration of the program will be difficult at first, but once it is in the system, it should not cause problems with any administrative procedures.

 

Ms. Walker said she is looking for direction from council on which alternative they would like to see brought forward at the April 14, Notice of Intent meeting, with July 1, 2009 as the effective date for the rate increases. She was also looking for direction from council on whether to adopt a one-year or three-year plan for rate increases.

 

Councilmember Wedemeyer thought that there should be some discussion regarding the homes that are not being used and have their water turned off, because it still costs money to get the infrastructure to the homes. Ms. Whittle said the problem is that there is nobody to bill if there is no water service to a house. Ms. Whittle said the county sends tax bills to the owner of record, but there is no legislation that forces someone to agree to sign up for utility bills, and the only procedure the city has in place is for collecting taxes. She added that taxes are legislatively enacted and go with the property, whereas a utility bill goes with a customer and not necessarily with the property.

 

Mayor Nexsen opened the public hearing.

 

Mr. Chuck Vaughn said he noticed that not only was there a proposed change to the tier structure, but a price increase to the water rate was also added. He felt that Red Oak Consulting gets a mandate from the city to do what the city tells them in order to get the money, but with no consideration for the people who live in this city. He said he heard Red Oak Consulting pushing for was 12,000 cubic feet, which is a 20 percent drop in the amount of water to another 12,000 cubic feet, which is a 40 percent drop in the amount of water, to 5,000, which is a 50 percent drop in the water. He said the tier structure was not only being changed, but also adding a price increase to the water. He said it was bad enough when the sewer rates increased, and people were taking fewer showers and tearing their plants out to try to conserve water, and if the water rates increase, things will just get worse. He said he can afford the increase, but there are a lot of people in this community who cannot afford the rate increase, and he hopes the council takes this into account. He said the mayor stated that he wants to accelerate the sewer program and finish it in two years. He said the city takes millions of dollars away from the CIP in the water program to go to the sewer project to replace water lines from the main to the meters. He asked if this takes into account that in two years the money will no longer have to be put into the sewer project, because the project will be over. Ms. Whittle advised that the savings has been accounted for. Mr. Clark also noted that the city has to spend approximately $79 million on water projects over the next 10 years. Mr. Vaughn asked what the city has for bond measures for water at this time, and is just for the new water treatment facility. Mayor Nexsen said the city only borrowed money to replace some water lines, and Ms. Whittle advised that the city borrowed $5.7 million.

 

Mr. Ron Funk said he met with Mayor Nexsen and Councilmember Callahan, and he wondered how much of these increased fees are going toward the city’s water infrastructure. He said he is a proponent of property taxes, and he wondered if infrastructure fees were being put into the charge for the water that is going to be used, or was the city was going to finance the $79 million to upgrade the water system. He wondered if that would be in the fees, or would that be addressed as a property tax. Mayor Nexsen said water use will be based on a user fee that will be recouped $79 million over a 10-year period. Mr. Funk asked if the city could look at a millage on a property tax, so the 8,200 empty lots that are not yet hooked up to the sewer, yet are realizing a property value increase, would also be paying, so the city could collect property tax revenue from everybody in Lake Havasu City, including taxes collected on closing the 1,200 properties in trusteeship, receivership, or in foreclosure, that have had everything turned off. Mr. Funk said he did not have a problem paying for the increased water fees, but there are people in this city who are having a problem paying the fees. He said he drives around the city and sees what has happened to our city in the last ten years. This used to be a city to be very proud of and to show friends that came to visit, but now look at all the dead landscaping. People are not watering because they cannot afford the ridiculous way the city is funding these projects. He said the property taxes on his 1,900 square foot home in Michigan are $4,300 yet the taxes on his 1,900 square foot home here in Lake Havasu City are a little over $1,400. He said he is not afraid to pay another $360 per year in taxes, because he can at least get a credit for them in April, but right now, whatever the city is charging in water fees or sewer fees is literally going down the drain, and nobody in this city can get a credit for it. He knows the council agrees with this, and he does not think the city needs to spend $80,000 to have an election to support what this council believes to do is right. He said have another open meeting, and listen to the people who oppose it. He said he would come and support the council, and he thinks the people who elected the council would also support the council because the council would not be here if the majority of the people in this city did not elect the council. He said if the council keeps funding infrastructure with the fees that the city is charging these poor people, the council will be the last ones here; and when they leave, turn the lights off.

 

Mayor Nexsen closed the public hearing.

 

Ms. Whittle advised that in January 1997, the citizens passed Proposition 200, which mandates that any tax increase must go to a vote of the people; therefore, the council cannot just enact a tax, and this is something the city has been living with for a while. She said she received an opinion from the city attorney, and in his response, he states that the IDD tax was at a higher rate in 1997 than it is now, so the tax can be raised up to that level without violating Proposition 200. However, the IDD boundaries do not encompass the entire city limits, so if the city were to raise the tax, it would not cover any properties outside the IDD boundary that are on the city water system. She advised that the city is also constrained on a few other requirements, and that rates and fees are the methods available at this time.

 

Councilmember Wedemeyer asked if there was anything to stop this citizen from starting an initiative for a property tax so that everyone is contributing to the costs, and Ms. Whittle said he is welcome to do that. Mr. Clark asked if the council could consider a higher out-of-IDD rate that would compensate for that difference related to the IDD tax inside the city limits, and Ms. Whittle responded that it is already in the water rate. Mr. Clark suggested that it could be balanced if the IDD tax was increased inside the IDD, and to make that an equivalent cost on the outside of the IDD, the rate could be raised on the properties outside the IDD, which would make it even. Mayor Nexsen said what if the IDD tax went up, and to make up for that increase, there would be an impact fee outside the IDD to make up for the IDD tax. Ms. Whittle recalled that council has already had this discussion, and they were not willing to go forward with impact fees. Mayor Nexsen thought that was because the council felt that the impact fees were going to be inside the IDD. Ms. Whittle said the city attorney advised that it would be very difficult to devise an impact fee structure, a rate structure, and a tax structure that would meet the equitability requirements for properties inside and outside the IDD.

 

Councilmember Wedemeyer asked if the council adopted the rate increase right now, could the citizens at a later point create some type of property tax that would be solely used to reduce those fees. Ms. Whittle stated that the citizens can put forth an initiative, and based on customer input, council could also decide to elect to put the question on the ballot, but all those alternatives for elections take time to implement. Mayor Nexsen noted that unless an election was part of a regular consolidated election, it would cost the city another $80,000. Ms. Walker asked to note that there is a state statute that requires how the city spends its primary property tax versus its secondary property tax, which makes it even more complex, because the city can use secondary property taxes only for debt service, and there is also a maximum allowable levy.

Councilmember Barnes said his concern is that 20 percent of the citizens are already just down, and it concerns him that there are so many dead trees and vegetation around in the city. He is also concerned because it seems like the city is increasing everything, yet in this recession, there are a lot of people who cannot pay the increased rates and fees. He said there are approximately 1,300 foreclosures in the city and with more rate and fee increases, there will be 2,000 foreclosures in the city. Mayor Nexsen does not think there is anybody here who is not concerned, and he does not disagree that there are a lot of people who cannot afford another increase, but having said that, they also cannot afford what bankruptcy of the city would do to them. The city does not have enough money, and it is a tough situation, but this council was elected to figure it out.

 

Councilmember Wedemeyer also voiced his concern. He asked Ms. Whittle if she has ever recommended increasing water rates since the last increase in 2004. Ms. Whittle replied that she knew the Public Works Department had a Water Master Plan project coming up, and fees cannot be set before figuring out what has to be paid for. She said this process has taken a little longer than she originally planned, but the steps are being followed, and now the Water Master Plan is done, the needs have been identified, and the needs were pared down to the absolute minimum, and then the rate and fee study was embarked on. She would have recommended rate increases in 2005, 2006, 2007, and 2008, but according to the state statute, there must be a report that justifies and explains how the proposed rates and fees were calculated. She said without that background, she had no report to give to the public or to the council that explained her rationale for coming up with any fee increase. She added that this process has been a work-in-progress for almost four years, and it is extremely unfortunate that the bottom fell out of the economy eight months ago.

 

Councilmember Barlow asked if other neighboring communities such as Bullhead City and Kingman arrived at their rates, and was it something that they did gradually over time. Ms. Whittle said that was correct, but they also did not make a decision immediately after they finished their prior rate study to replace the water lines in conjunction with the sewer installation. She noted that the water line project takes out between $1.8 and $2.3 million per year during the sewer construction, so that depletes a $10 million fund balance very rapidly. She thinks it was a good decision, but it was not factored into the prior rate study, and had it been factored into that rate study, the city would not be in this situation.

 

Mayor Nexsen asked if the $79 million in projects included the new water treatment facility. Mr. Clark said the $79 million program includes about $27 million for the water system, and it needs to be factored into the rate as part of the 10-year program. He said a rate study will be conducted every four or five years, so there is no need to make a huge rate increase over the next ten years. Mr. Clark noted that $24 million cash was spent in 2004 for a water treatment plant, but he thought the money should have been borrowed, and with the costs spread over the next 20 years. Mayor Nexsen and Ms. Whittle agreed that it would have been the wiser thing to do, because operating cash should not be used for long-term assets.

 

Mr. Chuck Michalski, Water Division Manager, reported that on peak days during the summer, the existing water treatment plant reaches approximately 18 to 19 million gallons of water per day, and the plant was designed for a capacity of 26 million gallons per day. He advised that a second water treatment plant is necessary for a community of this size, and he recommends building a second source of water treatment rather than increasing the existing plant. Mayor Nexsen felt that if the city adopted a high conservation alternative, then the time for increasing the water capacity or adding a secondary source could be extended. He added that if that were the case, then why is there a need to increase the rates today for a water treatment plant that might be needed years in the future. Mayor Nexsen thought he heard that it was preferable to borrow the money and deal with it at that time than to pay cash for it, because what the city is really doing is accumulating cash at the moment. Ms. Whittle replied that this was a combination of accumulating cash and also issuing debt, and these rates cover the debt service. She added that cash is not being accumulated to pay for all these projects with cash. This is a plan that blends cash for some things and debt for others. Ms. Walker also said that the 29 percent increase does not include the cost of expanding the water treatment plant, although it is included in rate increases for the future.

 

Mayor Nexsen said that if there is a proposed 29 percent increase on July 1, 2009, then what is being proposed for Years 2010, 2011, and 2012. Ms. Walker advised that there would be a 15 percent increase in FY 10-11, 10 percent in FY 11-12, and 9 percent in FY 12-13 and FY 13-14. She advised that the water rate in FY 18-19 will be $60.98 per month for 13 Ccf. She added that since the time of the out year calculations, the city has had a shortfall in revenues, so based on projections of usage, there is a shortage of approximately $500,000.

Mayor Nexsen felt that Alternative 2 was the best alternative because it promotes the highest conservation, it has the least fee impact for the lower water users, and customers who use a high amount of water will pay higher fees.

 

Councilmember McAtlin said he had a problem with Alternative 2 because it changes the level for the minimum user from 1,500 to 1,300 cubic feet per month, and the next tier changes from 1,500 to 1,200 cubic feet per month. His concern is that when getting into the higher tiers, the water usage amount will be cut back, which might lead to more conservation than anticipated. He suggested keeping the minimum amount for the lower water user at the current rate of 1,500 cubic feet per month. Ms. Whittle reported that the average consumption year round for a SFR is 1,300 cubic feet per month, and that is why the amount changed. Councilmember McAtlin suggested increasing the IDD tax to the original amount for inside the IDD, establishing a rate for those outside the IDD, and combining those with the proposed water rates.

 

Ms. Whittle advised that all the proposed scenarios from Red Oak Consulting have been used up, so if the council wants any significant change on a number of different scenarios, then she will need to do a change notice to their contract, and they will charge the city an additional fee.

 

Ms. Walker noted that any discrimination factors associated with charging different costs to different locations will need to be discussed.

 

Ms. Whittle advised that for the boundaries of the IDD to be changed to the city limits, it would require a vote of the people because that would authorize the existing tax to encompass the city limits. Mr. Clark explained that historically, the reason there was no discussion of expansion of the IDD boundaries as the city limits grew, was because prior councils discussed sun setting the IDD system. He added that if the council felt the IDD would be a resource to continue into the future, then it might be worthwhile expanding the IDD boundaries to the city limit boundary. Ms. Whittle added that the IDD tax is based on increments of ˝-acre lots.

 

Councilmember Nyberg noted that some of the surrounding communities have a much higher meter installation fee, but they all have impact fees in place, and Lake Havasu City does not. Ms. Whittle stated that Lake Havasu City has a user charge to install a meter, but other cities use their impact fees to help fund some of their capital. Ms. Whittle stated that a lot of the CIP projects would not be eligible for impact fees, and there would still need to have rates to fund them because they are routine/maintenance items. She added that some of the items in the CIP have a small portion of growth included in them, so they would be sized to meet the needs of future development that may need those facilities, but those are very small components of the cost of the CIP projects put forth to the council in January 2009. She also said that most of these projects are maintenance of the booster station, transmission lines, and some additional storage capacity.

 

Mayor Nexsen commented that the average SFR water user will see an increase of approximately $7 per month in Alternative 1, yet the increase in Alternative 2 is approximately $3 per month. Councilmember Wedemeyer said he was in support of Alternative 2, but he did not support going beyond one year with these rates. Councilmember Nyberg also agreed with choosing Alternative 2 for one year. Councilmember Callahan also agreed with Alternative 2 because it is seems to be the best deal for the more conservative water users. Councilmember Barlow agrees with Alternative 2, but he also said some of the maintenance projects have been delayed and it’s a losing proposition for the city if the required maintenance falls behind.

 

Mr. Clark thought that returning the IDD tax to what it was before would generate approximately $3.4 million per year for the city, which could be explored as a long-term solution to the CIP needs.

 

Councilmember Barlow asked why the IDD tax was reduced. Ms. Whittle explained that was done at the direction of a prior city councils, and the prior rate study actually modeled that with the rates being increased, the tax being decreased, and getting rid of the IDD. She noted that the only reason the IDD was kept in place was because the IDD funds were a source of stable revenue to be used to assist with the Wastewater System Expansion Program (WWSE). She also noted that approximately $1.5 million was transferred every year from the IDD to the Street Department to help with drainage issues, and that money is now going to the WWSE instead of the Street Department because a portion of the WWSE project is street replacement. She said that decision was made in FY 01-02 to use the money that was going to the Highway User Revenue Fund (HURF) for the street replacement project.

 

Councilmember Wedemeyer asked if city staff could look at a possible expanded IDD or find some other way to assess all property owners to determine how it might affect or lower the fees even further. Ms. Whittle said city staff could explore that after the budget is completed, but it will take a few months to do all the research and consult with legal counsel.

 

Mayor Nexsen asked how much money is raised in a single year with the 29 percent increase. Ms. Walker replied that $3.1 million would be raised per year. Mayor Nexsen commented that with the IDD tax back to where it was, a rate increase would not be needed. Ms. Walker clarified that was just in today’s dollars, and to keep in mind the other rate increases in the future.

 

Ms. Whittle also commented that most of the projects listed on the CIP are within the IDD limits, and most of the maintenance that needs to be done is to existing facilities inside the IDD.

 

Mayor Nexsen said the consensus he heard was to consider Alternative No. 2 and bring the IDD tax back to its previous level in order to minimize the impact on rates. Councilmember Barnes said he heard that once a tax rate was lowered, it could not be raised again because that would be considered an increase. Ms. Whittle noted that the legal opinion from the city attorney is that as long as the IDD tax is not raised higher than the rate that was in effect when Proposition 200 was passed by the voters. Councilmember McAtlin stated that he would like to explore expansion of the IDD. It was the council’s consensus to explore expansion of the IDD and to implement Alternative 2 for one year.

 

Councilmember Barnes asked what the IDD tax rate was before it was lowered. Ms. Whittle advised that in 1997, the IDD tax rate was $268.86 per acre, which equated to $134.43 per half-acre, and the current IDD tax rate is $50.37 per half-acre. Councilmember Wedemeyer said he was concerned that at some point in time, the IDD tax might be allocated to fund some other project instead of keeping the fees down for everyone. Ms. Whittle advised that according to the IDD Charter, any tax or fees collected must be used for irrigation and drainage purposes only.

 

Following a discussion regarding rates, fees, and IDD taxes for properties inside and outside the IDD, Ms. Whittle asked if the council wanted to hold another work session to discuss the alternatives, and if so, there would not be enough time to implement a rate increase effective July 1, 2009. Ms. Whittle explained that a report with all the alternatives must be ready by the council meeting on April 14, 2009, for presentation to the public, which would only allow three or four days for the report to be completed, and she feels that is not possible. She also said that the report must be ready 30 days before calling for the public hearing. The public hearing is set for May 26, 2009, so there would not be enough time to call for a public hearing if the report is not presented until the April 28, 2009 council meeting.

 

Mayor Nexsen suggested that the council approve a three-month increase through September 30, 2009, which would give Red Oak Consulting enough additional time to complete the second scenario for the IDD tax. Ms. Whittle said it would be extremely difficult for Customer Service to explain that to the customers. She recommended that if the council wants this plan modeled out, she will submit a change notice to Red Oak Consulting’s contract so they can come for an additional council meeting, and any decision will be delayed until August 1, 2009. She also advised that the council could hold a special meeting in April to discuss this.

 

Mayor Nexsen asked if the IDD tax could possibly be phased in over a three-year period. Ms. Whittle said that those alternatives could also be calculated.

 

Councilmember Callahan asked when the IDD tax funds would come into play. Ms. Whittle replied that the levy would be enacted in July 2009, with all the other tax levies. The county would send out those bills as part of the tax bill in October 2009, and the city would begin collecting the taxes beginning in October 2009 through the next fiscal year. Councilmember Callahan asked if that timeframe would be sufficient to cover the city’s needs. Ms. Whittle said a revenue source needs to be in the city’s budget, so she is asking for council direction whether to have fee increases or tax increases. Mayor Nexsen commented that cash flow from an increased IDD tax would be preferable to monthly water rate fees collected monthly. With the IDD tax, the city will receive a substantial amount of tax revenue in October and November 2009 and then a smaller tax revenue amount in May. Councilmember Nyberg noted that any IDD tax paid can be deducted from the federal income tax.

 

Ms. Whittle said that she will present a cost proposal from Red Oak Consulting at the April 14, 2009 Council Meeting, for a cost increase to their contract with the city.

 

Mayor Nexsen confirmed that discussion regarding the increase in water rates would be delayed to August 1, 2009, in order to allow enough time to develop other scenarios. Ms. Whittle said that she could set another time line and schedule for alternatives and set another work session. Mayor Nexsen felt there should be one more work session to discuss the new alternatives, and he encouraged the councilmembers to talk to people in the community to get their sense of what they feel is most fair. Ms. Whittle said the final report could be prepared based on the alternative that the council chooses, and then begin the public hearing process and develop a schedule of those time lines at the next meeting.

 

Mayor Nexsen said that even if a lot of the rate increases were eliminated, he would still want the rate spread that promotes conservation. Councilmember Barnes thought there would still be a whole lot more dead vegetation. Mayor Nexsen did not think that would happen with the IDD tax, and he needs to know if the people would rather have something that everybody has to pay, even vacant lot owners, which helps with the water rates and is deductable, or pay through user fees.

 

Mr. Didion said he wanted to see if there was any staying power with going forward with the 29 percent increase now, but only for the one-year period, and recognizing the timing issues and variables that need to be addressed. He commented that there would be an additional cost for the six-month delay that would need to be made up. Mayor Nexsen clarified that the delay would only be from July 1, 2009 to August 1, 2009. Mr. Didion wondered if the council might also want to look at Alternative 2 for a one-year period. Ms. Whittle said Alternate 2 will still be included as one of the options to bring back as part of further options along with the new scenarios. Mayor Nexsen felt that it depended on whether the residents wanted to raise the IDD tax or pay the user fees. Councilmember Wedemeyer said that before the next work session, he would like to have something to show the people when gathering their feedback. Mayor Nexsen clarified that he was suggesting a more conceptual question of whether the people would rather pay a property tax or user fee.

 

Mayor Nexsen confirmed that everyone had a general consensus of how to go forward and everyone has a sense of what the council is asking.

 

ADJOURN

The meeting adjourned at 7:12 p.m.

 

 

 

                                                                                              _________________________________________

                                                                                                             Julie Roach, Deputy City Clerk